HomeMy WebLinkAboutPC2024-012 - SUPERSEDING USE PERMIT NO. UP1792, AND SUBSEQUENT AMENDMENTS AND APPROVING TENTATIVE PARCEL MAP, CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A TYPE 47 (ON SALE GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE ASSRESOLUTION NO. PC2024-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA SUPERSEDING USE PERMIT NO. UP1792, AND SUBSEQUENT AMENDMENTS AND APPROVING TENTATIVE PARCEL MAP, CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A TYPE 47 (ON SALE GENERAL – EATING PLACE) ALCOHOLIC
BEVERAGE CONTROL LICENSE ASSOCIATED WITH AN EXISTING RESTAURANT FOR A PROPOSED OUTDOOR DINING PATIO AND TO WAIVE A PORTION OF THE OFF-STREET PARKNG REQUIRMENT FOR PROPERTY LOCATED AT 3001, 3009 AND 3011 NEWPORT BOULEVARD (PA2024-0001)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Micah Schiesel (“Applicant”) with respect to the property located at 3001, 3009 and 3011 Newport Boulevard, and legally described in Exhibit “A” which is attached hereto and incorporated herein by reference (“Property”).
2. The Applicant requests a conditional use permit (“CUP”), and a coastal development permit (“CDP”) to remodel the existing 5,032-square-foot eating and drinking establishment (“Restaurant”) and construct a new 1,347-square-foot outdoor dining patio, which requires the waiver of one required parking space. Proposed hours of operation for both the interior of the restaurant and the new outdoor patio are 7:00 a.m. to 2:00 a.m., daily. Staff is
recommending a closing time of 11:00 p.m. for the outdoor patio. Alcohol service would be extended to the outdoor dining patio through its existing Type 47 (On Sale General – Eating Place) Alcoholic Beverage Control (“ABC”) license. Additionally, the applicant requests a tentative parcel map (“TMP”) to combine two adjacent parcels and adjust a property line of a third parcel to construct the proposed outdoor dining patio onto a single parcel. The
tentative parcel map includes a request for a deviation from the design standards of Title 19 (Subdivisions) of the Newport Beach Municipal Code (“NBMC”) for lot area. 3. The Property is designated Neighborhood Commercial (CN) by the General Plan Land Use Element and is located within the Commercial Neighborhood (CN) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial (CN) (0.0 to 0.30 FAR) and it is located within the Commercial Neighborhood (CN) Coastal Zoning District.
5. A special meeting was held on June 5, 2024 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the special meeting wherein the public hearing was held was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 (Public
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Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15305 under Class 5
(Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Project would also allow interior minor alterations to an existing structure and the addition of a 1,347-square-foot covered outdoor dining patio (26 percent of the existing floor area).
3. The Class 5 (Minor Alterations in Land Use Limitations) minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to:
(a) Minor lot line adjustments, side yard, and set back variances not resulting in
the creation of any new parcel; (b) Issuance of minor encroachment permits; and (c) Reversion to acreage in accordance with the Subdivision Map Act.
The Property consists of three contiguous parcels and the Project would allow the
consolidation of two parcels at 3009 and 3011 Newport Boulevard into a single parcel and the adjustment of the property line of a third parcel at 3001 Newport Boulevard. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would
invalidate the use of these exemptions.
SECTION 3. REQUIRED FINDINGS. Tentative Parcel Map
In accordance with Section 19.12.070 (Required Findings for Action on Tentative Maps) of the NBMC, the findings and facts in support of such findings are set forth as follows:
Finding:
A. That the proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions of the Subdivision Map Act and this Subdivision Code.
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Facts in Support of Finding:
1. The Tentative Parcel Map is for the purpose of merging two contiguous parcels into a single parcel and adjusting a property line of a third contiguous parcel, resulting in a total of two lots for the Property. The resulting lot configurations of the Property allows the proposed covered outdoor dining patio to be constructed entirely within a
single parcel and not cross existing property lines. The tentative parcel map is for a
property developed with an existing restaurant and will allow the construction of an outdoor dining patio. The existing and proposed uses are consistent with the General Plan, which designates the site as Neighborhood Commercial. This designation is intended to provide for a limited range of retail and service uses to primarily serve
the needs of and maintain compatibility with residential uses in the immediate area.
The tentative parcel map will not alter the existing restaurant and allows a new outdoor dining patio. 2. The Property is not located within a specific plan area.
Finding:
B. That the site is physically suitable for the type and density of development.
Facts in Support of Finding:
1. The Property is physically suitable to accommodate the proposed 1,347-square-foot outdoor dining patio as an addition to the existing restaurant. The merging of the two parcels and the adjustment of a property line of a third parcel will accommodate the
proposed outdoor dining patio to be located within a single parcel and not cross
existing property lines. 2. The existing restaurant and the proposed outdoor dining patio require a total of 47 parking spaces, where the Property provides a supply of 46 spaces. A reduction of
the single parking space has been reviewed and analyzed in accordance with
Section 20.40.110 of the NBMC, and the facts in support of findings for the reduction are discussed in Findings LL and MM. Finding:
C. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat. However, notwithstanding the foregoing, the decision making body may nevertheless approve such a subdivision if an environmental impact report was prepared
for the project and a finding was made pursuant to Section 21081 of the California
Environmental Quality Act that specific economic, social, or other considerations make
infeasible the mitigation measures or project alternatives identified in the environmental
impact report.
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Facts in Support of Finding:
1. The merging of the two parcels and the adjustment of the property line with a third
parcel is to accommodate the construction of a permanent outdoor covered dining patio to be accommodated entirely within a single parcel. The Property is currently developed with a surface parking lot and a 5,037-square-foot, single-story restaurant. The proposed outdoor dining patio will be constructed on the portion of the surface
parking lot adjacent to the existing restaurant where a temporary patio currently
exists in accordance with City issued permits. The Property, with the proposed reconfiguration of the parcels, is urbanized and does not contain fish, wildlife or habitat for fish or wildlife.
2. The construction of the outdoor dining patio and the alteration of the existing building
to accommodate the patio will be subject to Construction Pollution Prevention Plan to minimize pollution runoff from the Property to coastal waters. Finding:
D. That the design of the subdivision or the type of improvements is not likely to cause serious
public health problems. Fact in Support of Finding:
The alterations to the existing building and the construction of the proposed outdoor dining patio will comply with all Building, Public Works, and Fire Codes, which are in place to prevent serious public health problems. All ordinances of the City and all Conditions of Approval will be complied with.
Finding:
E. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the
proposed subdivision. In this connection, the decision making body may approve a map if
it finds that alternate easements, for access or for use, will be provided and that these
easements will be substantially equivalent to ones previously acquired by the public. This
finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or use of
property within a subdivision; Fact in Support of Finding:
The Project will not conflict with easements acquired by the public at large, for access through, or use of the Property within the proposed development. While there is a City utility easement located beneath the proposed outdoor dining patio, the Project has been reviewed by the Public Works Department and it has been determined that the patio will not interfere with any
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necessary access to the easement. There are additional private easements located on the north end of the Property, which include an ingress/egress easement and a parking easement.
However, these easements are not affected by the merger of the two parcels and the
adjustment of the property line with the third parcels. Finally, Southern Counties Gas Company holds a utility easement that is not impacted or in conflict with the subdivision. As conditioned, the Applicant shall obtain any required permissions to construct the Project prior to the issuance of any building permits.
Finding:
F. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if the land is subject to a contract entered into pursuant to the California Land Conservation
Act of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would
not be too small to sustain their agricultural use or the subdivision will result in residential
development incidental to the commercial agricultural use of the land Facts in Support of Finding:
1. The Property is not subject to the Williamson Act because the Property is not designated as an agricultural preserve and is less than 100 acres in area. 2. The Property is developed for commercial use and is located in a Zoning District
that permits commercial uses.
Finding: G. That, in the case of a “land project” as defined in Section 11000.5 of the California Business
and Professions Code: (1) there is an adopted specific plan for the area to be included
within the land project; and (2) the decision making body finds that the proposed land project
is consistent with the specific plan for the area. Fact in Support of Finding:
1. California Business and Professions Code Section 11000.5 has been repealed by the Legislature. However, this Property is not considered a “land project” as previously defined in Section 11000.5 of the California Business and Professions Code because the Property does not contain 50 or more parcels of land.
2. The Project is not located within a specific plan area.
Finding: H. That solar access and passive heating and cooling design requirements have been satisfied
in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act.
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Fact in Support of Finding:
The TPM and any future improvements are subject to Title 24 of the California Building Code
that requires new construction to meet minimum heating and cooling efficiency standards depending on location and climate. The Newport Beach Building Division enforces Title 24 compliance through the plan check and inspection process.
Finding:
I. The subdivision is consistent with Section 66412.3 of the Subdivision Map Act and Section
65584 of the California Government Code regarding the City’s share of the regional housing need and that it balances the housing needs of the region against the public service needs
of the City’s residents and available fiscal and environmental resources.
Fact in Support of Finding: 1. The Project does not conflict with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding. The subdivision
involves the merging of two contiguous parcels and the adjustment of the property of the merged parcels with a third contiguous parcel to accommodate the addition of a covered outdoor dining patio adjacent to an existing restaurant. Furthermore, the Property is not identified in the City’s Housing Element as a housing opportunity site.
Finding:
J. That the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water
Quality Control Board.
Fact in Support of Finding: The proposed subdivision would merge two contiguous parcels and adjust the property of the
merged parcels with a third contiguous parcel to accommodate the addition of a covered
outdoor dining patio adjacent to an existing restaurant. This action would not create waste that would result in a violation of the existing requirements prescribed by the Regional Water Quality Control Board
Finding:
K. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision conforms
with the certified Local Coastal Program and, where applicable, with public access and recreation policies of Chapter Three of the Coastal Act.
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Fact in Support of Finding:
The Property is within the Coastal Zone. The facts in support of findings Q and R (Coastal
Development Permit) below are hereby incorporated by reference. Deviation from Design Standards
Per Section 19.24.050(A) of Title 19 (Lot Design, Lot Size) of the NBMC, new subdivisions must meet the applicable zoning district regulations stated in Title 20 (Zoning Code) of the NBMC. Deviations from the design standards set forth in Title 19 (Subdivisions) of the NBMC may be approved by the Planning Commission subject to specific findings set forth in Section
19.24.130(C) (Deviation From Design Standards) of the NBMC. The Project merges two
adjoining parcels and adjusts the property line of a third parcel in order to construct the proposed outdoor dining patio entirely within the boundaries of a single parcel so the structure does not cross existing property lines. The table below shows the current and proposed lot area and lot width of the parcels:
Current Proposed
APN 047-060-01 Area = 10,793 sq. ft. Width = 95’ 2” Merged parcels (Parcel 1)
Area = 14,283 sq. ft. Width 102’ 3” APN 047-060-06 Area = 3,423 sq. ft. Width = 95’ 2”
APN 047-060-10
Area = 8,505 sq. ft
Width = 93’ 5”
Adjusted parcel (Parcel 2)
Area = 8,413 sq. ft.
Width = 106’ 11”
The existing parcels do not conform to Title 20 (Planning and Zoning) of the NBMC for lot width, which is a minimum of 100 feet, and lot area, which is a minimum of 20,000 square feet. Since the merging of the two parcels is increasing the lot area of Parcel 1 closer to the minimum lot area standard, it does not require a deviation from Title 20 (Planning and Zoning) of the NBMC.
However, the adjustment of the property line for the second parcel will reduce the lot area from
8,505 square feet to 8,413 square feet, thereby necessitating a deviation. The findings below address the reduction of the lot size for Parcel 2. Finding:
L. The requested deviations will create a land plan or development design equal or superior
to that under the baseline design standards in this Chapter. Facts in Support of Finding:
1. The merging of the two parcels and the lot line adjustment of the third parcels result in lots that are comparable in width, length, and area with the majority of the lots in
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the surrounding area. With the exception of The Landing retail center, all other lots in the area and within the Commercial Neighborhood (CN) Zoning District range in
lot area from 1,347 square feet to 11,162 square feet. The reduction of the lot area
of Parcel 2 from 8,505 to 8,413 square feet results in a lot area that is consistent with the majority of lots in the area and within the Commercial Neighborhood (CN) Zoning District. Furthermore, parcels across the Property on the east side of Newport Boulevard, in the Commercial Visitor Serving (CV) Zone range in size from 2,495 to
14,216 square feet.
2. The existing Property is fully developed, and no new access driveways are proposed. The reconfigured parcels will not impact the current use of the Property but will only enhance the site by accommodating an outdoor dining patio.
Finding:
M. The deviations will not negatively impact the carrying capacity of the local vehicular circulation network.
Fact in Support of Finding: The proposed subdivision is not creating additional lots which would facilitate the intensification or density of the site. The subdivision facilitates the construction of a 1,347-square-foot outdoor
dining patio which will not generate significant additional vehicular trips to the site such that it
could impact negatively the carrying capacity of the local vehicular circulation network. Finding:
N. The deviations will not negatively impact pedestrian circulation.
Fact in Support of Finding: The Project will not reduce, encroach or change the size or location of the sidewalk along
Newport Boulevard or modify the existing driveways. The reduced lot area of the second parcel
will not result in any physical changes to the driveway aprons or the sidewalk along Newport Boulevard, and therefore will not negatively impact pedestrian circulation. Finding:
O. The resulting subdivision will be compatible with the pattern of surrounding subdivisions. Fact in Support of Finding:
Fact 1 in support of Finding L is hereby incorporated by reference.
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Finding:
P. The resulting subdivision design and improvements will not be materially detrimental to the
residents or tenants of the proposed subdivision or surrounding properties, nor to public
health or safety. Fact in Support of Finding:
The proposed outdoor dining patio is subject to Building and Fire Codes and will be constructed in accordance with applicable codes which will ensure that the patio addition will not be detrimental to the residents or tenants of the site and surrounding properties and to the public in general.
Coastal Development Permit
In accordance with Section 21.52.015.F of Title 21 (Local Coastal Program Implementation Plan) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
Q. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The TPM is for the purposes of merging two existing lots into a single parcel and adjusting the lot line of a third contiguous parcel. The reconfigured parcels meet all of the requirements of the Local Coastal Program, including 21.30.025 (Coastal
Subdivisions) and Section 21.52.090 (Relief from Implementation Plan Development
Standard) as it relates to lot area. 2. The Project complies with Section 21.52.090(B)(2) (Variances) of the NBMC, which allows for waiver or modification of certain standards of the Implementation Plan
because of special circumstance including location. The required 20,000-square-foot
minimum lot area standards may be modified as the current lot nonconforming as to size and consist of 8,505 square feet of lot area and the adjust lot will be reduced to 8,413 square feet consistent with the majority lot sizes in the area that range between 1,347 square feet to 11,162 square feet in area.
3. The Project complies with Coastal Land Use Plan Policy 2.8.1-3, which states that land divisions shall avoid hazardous areas and minimize risks to life and property from coastal and other hazards. The Project also complies with Section 21.30.025, which states that subdivisions within the Coastal Zone shall be designed to avoid current
hazardous areas, as well as areas that may become hazardous due to future changes.
Additionally, there shall be no division of land near the shoreline unless the new or reconfigured parcels can be developed safe from geologic and other hazards for a minimum of 75 years, and unless shoreline protective devices are prohibited to protect development on the resultant parcels. The Property is approximately 860 feet from
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the main public beach and approximately 370 feet from nearest public beach access within Newport Bay harbor. The Property is separated from the bay and boardwalk
by streets, and commercial and residential development.
4. The Property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code and Building Division standards and policies.
5. No natural or cultural resources are located on the site, which has been developed for many years. Best management practices (“BMPs”) will be required to ensure that the construction of the outdoor dining patio will not result in water quality impacts due to construction debris or run-off entering the waters of Newport Bay or onto adjacent
properties.
6. The CUP is to modify the floor plan of the existing 5,032-square-foot restaurant by expanding the Net Public Area (“NPA”) from 1,150 square feet to 1,530 square feet with the continuation of alcohol sales and late hours. The Project also includes the
construction of a proposed outdoor dining patio with alcohol sales and no late hours.
The additional patio requires a reduction of required parking from 47 to 46 parking spaces. Findings in support of reducing the required number of parking spaces by one space are discussed in Finding S below and are hereby incorporated by reference.
7. Pursuant to Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses) of the NBMC, eating and drinking establishments located in the Commercial Neighborhood (CN) Zoning District that are classified as Food Service, With Late Hours, as allowed uses, subject to the approval of a use permit. The existing
restaurant is operating under Use Permit No. 1792 which was granted in 1976
allowing the establishment of a restaurant with on-sale alcohol beverages to operate 5:00 p.m. to 2:00 a.m. on weekdays and noon to 2:00 a.m. on weekends and holidays along with an off-site parking agreement. An amendment to Use Permit No. 1792 was granted by the Planning Commission on September 18, 1997, allowing the
restaurant to operate from 7:00 a.m. to 2:00 a.m., daily. Findings in support of the
conditional use permit allowing the interior modifications and increase in NPA with late-hours operations and allowing alcohol sales to expand to the outdoor dining patio are discussed in Findings below under Alcohol Sales, Conditional Use Permit and Late-Hours Operations and are hereby incorporated by reference.
Finding:
R. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is between the nearest public road and the sea or shoreline of any body of
water located within the coastal zone.
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Fact in Support of Finding:
The Property is not located between the nearest public road and the sea or shoreline. The
Property is approximately 860 feet from the main public beach (Ocean Front) and approximately 370 feet to the nearest public beach access within Newport Harbor as identified on the Local Coastal Plan and is not located near a public viewpoint designated by the Coastal Land Use Plan.
Relief from Implementation Plan Development Standards
Since Parcel 2 of the proposed TPM is substandard in lot area, it requires a deviation from Title 21 (Local Coastal Program Implementation Plan) of the NBMC development standards. In accordance with Section 21.52.090 (Relief from Implementation Plan Development Standard)
of the NBMC, the Planning Commission may approve a waiver to a development standard of
the Implementation Plan only after making all of the following findings: Finding:
S. The Planning Commission has considered the following:
i. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible; and
ii. Whether or not there are feasible alternatives that would provide greater consistency
with the certified Local Coastal Program and/or that are more protective of coastal
resources. Facts in Support of Finding:
1. The Project consolidates two contiguous parcels and adjusts the lot line of a third contiguous parcel. The lot line adjustment results in a reduction of the lot size from 8,505 to 8,413 square feet. The reduction facilitates the placement of the lot line such that the proposed outdoor dining patio structure will not cross property lines and will
be constructed entirely within a single parcel. The reconfigured parcels will not alter
the existing restaurant which is consistent with the certified Local Coastal Program as restaurants with on-sale of alcoholic beverages operating late-hours are permitted uses as listed in Table 21.20-1 of Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses) of the NBMC.
2. There are no feasible alternatives that would not result in the reduction of the lot size of Parcel 2 from 8,505 to 8,413 square feet without creating a lot line that would need to have excessive angles in order to circumvent the existing restaurant building. Such a lot line would be contrary to the lot design standards which encourages lot
lines to be approximately at right angles to street centerlines.
3. The existing restaurant requires one parking space per 50 square feet of NPA. The interior modifications to the restaurant will increase the NPA from 1,150 square feet to 1,530 square feet. The modifications will also result in a total patio area of 1,347
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square feet, which consists of 1,200 square feet of NPA. The total combined NPA of the outdoor patio and the existing restaurant equals to 2,730 square feet. After
discounting the 25% of the interior NPA for the proposed outdoor dining patio, the
net NPA amounts to 2,347.5 square feet, which requires a total of 47 parking spaces. Based on the Parking Study submitted on May 13, 2024, the City Engineer has determined that 46 parking spaces will adequately serve the existing restaurant together with the proposed outdoor dining patio. The 46 parking spaces will ensure
that parking will not spill over on to adjacent areas including on-street parking spaces
which could impact public parking available for coastal access. 4. There are no coastal resources to protect on the property.
Finding:
T. The granting of the variance is necessary due to special circumstances applicable to the
property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the
property denies the property owner privileges enjoyed by other property owners in the
vicinity and in the same coastal zoning district.
Facts in Support of Finding:
1. The Project merges two contiguous parcels into a single parcel and adjusts the lot
line of a third contiguous parcel in order to fully contain the proposed, 1,347-square- foot outdoor dining patio on a single parcel without the patio cover structure crossing property lines.
2. The resulting adjustment of the parcel line between the merged parcel and the third
contiguous parcel results in the reduction of the size of Parcel 2 from 8,505 to 8,413 square feet. Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) require a minimum lot area of 20,000 square feet for newly created interior lots. Although the lot is not newly created, it is subject to a variance
since the size of the lot is getting further reduced in area. However, the merging of
the two parcels results in the elimination of a small 3,423-square-foot parcel by combining the 3,423-square-foot parcel with an adjacent 10,793 square foot parcel resulting in a 14,283-square-foot parcel (Parcel 1). The Project reduces an existing nonconforming condition with the merging of the two parcels while eliminating an
existing land-locked parcel. Since the existing restaurant is located within the center
of the Property, it limits the ability to adjust the lot line in a manner that would not reduce the size of the parcel by 92 square feet without creating a lot line that would have excessive changes in angle.
3. Title 21 (Local Coastal Program Implementation Plan) of the NBMC does not contain
the same provision that allows lots to be subdivided to a lot size not less than the minimum required for by the zoning district. 4. Fact 1 in support of Finding L is hereby incorporated by reference.
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Finding:
U. The variance complies with the findings required to approval a coastal development permit
in Section 21.52.015(F) of the NBMC. Fact in Support of Finding:
Facts in Support of Findings Q and R above are hereby incorporated by reference. Finding:
V. The variance will not result in development that blocks or significantly impedes public
access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs. Facts in Support of Finding:
1. The Property does not currently provide access to the sea or shoreline, nor does it
provide access to any coastal parks, trails, or coastal bluffs as it is separate from the sea and shoreline by existing streets and development. 2. The Project is not located between the nearest public road and the sea or shoreline.
The site is approximately 860 feet from the main public beach (Ocean Front) and
approximately 370 feet to the nearest public beach access within Newport Harbor as identified in the Local Coastal Plan and is not located near a public viewpoint designated by the Coastal Land Use Plan.
Finding:
W. The variance will not result in development that blocks or significantly impairs public views
to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas.
Fact in Support of Finding: The Property is not located adjacent to a coastal view road or public viewpoint. The construction of the proposed 12-foot 2-inch-tall covered outdoor dining patio will not impact any public view
opportunities. The Project does not have the potential to degrade the visual quality of the Coastal
Zone or result in significant adverse impacts to public views. Finding:
X. The variance will not result in development that has an adverse effect, either individually or
cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation or
wildlife species.
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Fact in Support of Finding:
There are no coastal resources on the Property nor are there any in the immediate area that
could be affected by the development of the covered outdoor dining patio as the property is separated from the bay and shoreline by numerous streets and existing development. Finding:
Y. The granting of the variance will not be contrary to, or in conflict with, the purpose of this
Implementation Plan, nor to the applicable policies of the Local Coastal Program. Fact in Support of Finding:
Facts in Support of Finding S above are hereby incorporated by reference. Alcohol Sales for the Altered Restaurant and the Proposed Covered Outdoor Dinng Patio
In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC,
prior to approval of an amended permit for an alcohol sales establishment, the Planning Commission shall find that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) in addition to the findings required by Section 20.52.020 (Conditional Use Permits and Minor Use Permits). Furthermore, when considering late-hour operations,
the Planning Commission must also consider the criteria listed in Section 20.48.030(G)(3)(a)
and 20.48.030(G(3)(b) for outdoor dining. The following findings and facts in support of such findings are set forth: Alcohol Sales
Finding:
Z. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales).
Facts in Support of Finding: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City.
1. The Property is located in Reporting District 15 (RD 15). RD 15 exceeds the City average, and is considered a high crime area as compared to other reporting districts. The RD’s Crime Count is 643, 444% over the Citywide crime count average of 118. Since this area has 20% greater reported crimes than the average number
of reported crimes as determined from all crime reporting districts within the City, the
area is found to have undue concentration. However, RD 15 contains a large number of visitor and tourist-serving nonresidential uses. Lido Marina Village, Cannery Village, the Newport Boulevard business corridor, and McFadden Square consist of many eating and drinking establishments that serve residents and visitors to the
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area. The intent of the zoning designations in this beach area, as well as the two adjacent reporting districts, is to provide various commercial and retail uses to
support the surrounding residential area and surrounding visitor-serving and tourist
destinations. Beach areas have a higher concentration of land uses and therefore tend to have a higher crime rate than other areas in the City. 2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use
and based on the location and operational characteristics, has no objection to
amended permit to modify the interior floor plan and expand alcohol sales to the proposed outdoor dining patio subject to a condition of approval requiring the outdoor dining patio close at 11:00 p.m. daily.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts. 1. Due to the high concentration of commercial land uses, the resulting calls for service and number of arrests in RD 15 and adjacent reporting districts are greater than
other areas of the City. The highest volume crime in this area is aggravated assault
and the highest volume arrest in the area is disorderly conduct. Driving under the influence, public intoxication, and liquor law violations make up 37% of arrests in this reporting district. However, the area is considered one of the more attractive tourist areas in the City, which results in a higher number of alcohol-related calls for service,
crimes and arrests.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors.
1. Although the Project is located near a residential district, the Property is situated in a commercial zoning district with other nonresidential uses. The nearest residential use is approximately 225 feet to the southwest on 30th street buffered partially by Pavilions supermarket and the walls that screen the supermarket delivery bays. A
mix of commercial and residential uses are located across Newport Boulevard.
Furthermore, a condition of approval requiring the outdoor dining patio close by 11:00 p.m., daily will further minimize noise impacts to adjacent residential uses. The expanded NPA of the restaurant primarily increases the dining area of the restaurant, further increasing food service.
2. The Project is not in proximity to a religious facility, daycare center, park, recreational facility, school, or similar uses that attract minors. 3. The amended alcohol sales are not detrimental to the community as a result of the
proximity to any sensitive land uses.
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iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption.
1. Several other establishments along Newport Boulevard currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges or nightclubs by Title 20 (Planning and Zoning). Within the adjacent shopping center, The Landing, Chihuahua Cerveza Taproom, Chipotle
Mexican Grill and Gina’s Pizza provide alcohol service to patrons. Other nearby
establishments such as Woody’s Diner, Bear Flag Fish Company, Fable and Spirits, and Session’s West Coast Deli also provide alcohol service to patrons. 2. The Project’s proximity to other establishments selling alcohol does not raise a
concern due to characteristics of the use, as the activity will be compatible with other
similar establishments that offer on-sale alcohol services. The Project will continue to operate as a restaurant and not a bar or lounge as it operates under a Type 47 ABC License which requires majority of sales to be from food sales and not alcohol. The expanded NPA increases the dining area of the restaurant further ensuring that
the use will function primarily as a restaurant. The 182-square-foot portion of the
restaurant is proposed to be connected and incorporated into the proposed outdoor dining patio. This area will contain two booths and a small bar with four seats. As this 182-square-foot area will be part of the proposed outdoor dining area, noise impacts will be addressed with the recommended condition requiring the outdoor dining patio
area close by 11:00 p.m., daily.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. No objectionable conditions are presently occurring at the Property. The development
has operated as a restaurant with a Type 47 ABC license since 1976 and with an amended Use Permit since 1997 that allowed extended hours of operation (7:00 a.m. to 2:00 a.m., daily). On December 16, 2021, the property was granted a Limited Term Permit (No. XP2021-027 and Coastal Development Permit No. 2021-051) that allowed
the placement of a temporary 875-square-foot outdoor dining patio. Additionally, the
Property was previously authorized two patios totaling 4,100 square feet through Emergency Temporary Use Permit No. UP2020-073 and Emergency Coastal Development Permit No. CD2020-080. The Property has had temporary outdoor dining patios since 2020 without objectionable conditions. The existing patio is
currently conditioned to close at 9:00 p.m., Monday through Thursday and 10:00 p.m.,
Friday through Sunday. As a condition of approval, the proposed outdoor dining patio will close at 11:00 p.m., daily, ensuring that noise-related impacts will not be created as a result of the proposed permanent outdoor dining patio.
2. The Project has been reviewed and conditioned to ensure that the purpose and intent
of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended relative to the sale of alcoholic beverages will
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ensure compatibility with the surrounding uses and minimize any alcohol related impacts.
3. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. Furthermore, as a condition of approval, the use will require an Operator License pursuant to Chapter 5.25 of the Municipal Code,
which imposes to additional and/or more restrictive conditions such as a security plan
to regulate and control potential late-hour nuisances associated with the operation of the establishment. Conditional Use Permit Findings
Finding:
AA. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The General Plan land use designation for this site is Neighborhood Commercial (CN), which is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of
and maintain compatibility with residential uses in the immediate area. The Project
involves a subdivision to merge two contiguous parcels and adjust the lot line of another contiguous third parcel in order to accommodate a proposed outdoor dining patio to serve the existing restaurant on the site and an amendment of a use permit to allow interior modifications to the existing restaurant with alcohol sales and late-
hours operations.
2. The expansion of the existing restaurant by the addition of the 1,165-square-foot outdoor dining patio along with interior modifications to the restaurant that increases the NPA from 1,150 square feet to 1,530 square feet is consistent with this designation because it will continue to provide a service to the surrounding
neighborhood that will help to maintain a vibrant commercial corridor. As conditioned,
the outdoor dining patio must close by 11:00 p.m., daily. The indoor dining area will continue to close by 2:00 a.m., daily but no new patrons will be allowed to enter after 1:00 a.m. and last call for alcohol service will occur at 1:30 a.m. These restrictions will help to ensure the use remains compatible with adjacent residential units and the
surrounding neighborhood.
3. Adjustment to off-street parking requirements is consistent with General Plan Land Use Policy LU 1.5 (Economic Health) which encourages a local economy that provides adequate commercial, office, industrial, and marine-oriented opportunities that provide employment and revenue to support high-quality community service.
Adjusting the parking requirements is an appropriate tool that supports high quality
commercial uses to succeed while negating any negative impacts that could result from a parking reduction.
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4. The Property is not part of a specific plan area.
Finding:
BB. The use is allowed within the applicable zoning district and complies with all other
applicable provisions in the Zoning Code and Municipal Code. Facts in Support of Finding:
1. The Property is located in the Commercial Neighborhood (CN) Zoning District, which is intended to provide for areas appropriate for a limited range of retail and service uses developed in one or more distinct centers oriented to serve primarily the needs of and maintain compatibility with residential uses in the immediate area. Eating and
drinking establishments (including alcohol sales with late-hours operation) are
allowed uses, subject to the approval of a use permit.
2. The addition of the outdoor dining patio is consistent with this designation because it will continue to provide a service to the surrounding neighborhood that will help to maintain a vibrant commercial corridor. As conditioned, the outdoor dining area must
close by 11:00 p.m., daily.
3. The existing restaurant requires one parking space per 50 square feet of NPA. The interior modifications to the restaurant will increase the NPA from 1,150 square feet to 1,530 square feet. The modifications will incorporate 182 square feet of interior space of the existing 5,032-square-foot restaurant into the proposed outdoor dining
patio resulting in a total patio area of 1,347 square feet consisting of 1,200 square
feet of NPA. The total combined NPA of the outdoor dining patio and the existing restaurant equals to 2,730 square feet. After subtracting the 25% of the interior NPA for the proposed outdoor dining patio, the net NPA amounts to 2,347.5 square feet which requires 47 parking spaces. Based on the Parking Study submitted on May
13, 2024, by RK Engineering, Inc., the City Engineer has determined that 46 parking
spaces will adequately serve the existing restaurant together with the proposed outdoor dining patio. The 46 parking spaces will ensure that parking will not spill over on to adjacent areas including on-street parking spaces which could impact public parking available for coastal access.
4. The Parking Study concludes that providing 46 on-site parking spaces at the site is adequate to accommodate the Project. However, in compliance with Subsection 20.40.110(C) of the NBMC, a parking management plan has been prepared in case the site’s parking supply needs to be better utilized.
Finding:
CC. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity.
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Facts in Support of Finding:
1. Commercial uses such as restaurants are common in the vicinity of Newport
Boulevard and serve visitors and residents. As conditioned, the Project will be compatible with the land uses permitted within the surrounding neighborhood.
2. The Project is an existing restaurant located along Newport Boulevard which contains other restaurants and retail shops. The modified interior of the restaurant
with the increased net public area and the outdoor dining patio addition will
complement the existing use and the existing mix of retail, service, and restaurant uses in the immediate area.
3. The Project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the restaurant is nearby
residential units, the building is oriented toward Newport Boulevard. There are
residential units located towards the south along 30th Street, but the restaurant including the proposed outdoor dining area will be partially buffered by the Pavilions shopping center and the street.
4. The NBPD has reviewed the Project and has no objections provided the outdoor
dining patio is conditioned to close by 11:00 p.m., daily. The operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The Project has been conditioned to ensure the welfare of the surrounding
community.
5. Based on the Parking Study, the proposed 46 parking spaces instead of the code required 47 parking spaces will adequately serve the Project making the design, location, size and operating characteristic of the use compatible with allowed uses
in the vicinity.
Finding: DD. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities. Facts in Support of Finding:
1. The Project is and existing use currently in operation with a temporary outdoor dining
patio. The use has operated in its current configuration since 1976 and with the temporary outdoor dining patio since 2020. The permanent addition of the outdoor dining area will result in a loss of one parking space from the code required 47 spaces. As discussed in Findings BB, MM and NN and hereby incorporated by
reference, the reduction of the parking space will not create objectional results as
the aforementioned parking study demonstrates that 46 parking spaces will adequality serve the restaurant as modified with increased NPA and with the added
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outdoor dining patio. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood.
2. Adequate public and emergency vehicle access, public services, and utilities are provided to the Property. Any additional utilities upgrades required for the outdoor dining patio will be required prior to the issuance of a building permit.
3. The tenant improvements to the Property, including the construction of the new
outdoor dining patio, will comply with all Building, Public Works, and Fire Codes. All City ordinances and all conditions of approval will be complied with.
Finding:
EE. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing
or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The Project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the restaurant is nearby to residential units, the building and the outdoor dining patio are oriented towards
Newport Boulevard. There are residential units located on 30th Street, but the
restaurant and the outdoor dining area will be buffered partially by the Pavilions supermarket and the street. 2. The NBPD has reviewed the Project and has no objections provided the outdoor
dining patio is conditioned to close by 11:00 p.m., daily, to prevent noise-related
impacts. The operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The Project has been conditioned to ensure the welfare of the surrounding community.
3. The Project has been reviewed and includes conditions of approval to help ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas,
sidewalks and areas surrounding the subject property and adjacent properties during
business hours, if directly related to the patrons of the establishment. 4. The Type 47 (On Sale General – Eating Place) ABC License will provide dining services for the restaurant and the outdoor dining patio as a public convenience to
the surrounding residential neighborhood as well as to visitors. The service of alcohol
in the restaurant and on the outdoor dining patio will provide an economic opportunity for the property owner to maintain a successful business in a way that best serves
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the community. The proposed outdoor dining patio will complement the remodeled restaurant and offer an additional amenity to residents and visitors.
5. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. Furthermore, an operator license is required pursuant to Chapter 5.25 of the NBMC which will impose additional and more
restrictive conditions on the operation requiring such actions as a security plan to
regulate and control potential nuisances associated with the use of the property. 6. Based on the Parking Study, the reduction of required parking from 47 parking spaces to 46 parking spaces would not be detrimental to the harmonious and orderly
growth of the City or endanger, jeopardize, or otherwise constitute a hazard to the
public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the Project. Parking use will not spill over onto adjacent streets which could impact nearby businesses, residential uses, or visitors to the harbor and beaches.
Late-Hour Operations Pursuant to Section 20.48.090(G)(3)(a) (Late-Hour Operations) of the NBMC, the Planning Commission must consider the following potential impacts upon adjacent or nearby uses when
reviewing an application to allow late-hour operations:
Finding: FF. Consider potential impacts from music, dancing and voices associated with allowed
indoor and outdoor uses and activities upon adjacent or nearby uses.
Facts in Support of Finding: The interior modifications of the restaurant and the increased NPA will not increase
sounds from the restaurant. The restaurant has operated with late-hours since 1976.
Live entertainment and dancing are not allowed in the restaurant or the proposed outdoor dining patio. As a condition of approval, the outdoor dining area must close by 11:00 p.m., daily.
Finding:
GG. Consider potential impacts from high levels of lighting and illumination upon adjacent or nearby uses.
Facts in Support of Finding: The interior alterations to the restaurant will not involve changes resulting in high levels of lighting and illumination. Standard conditions of approval are in accordance with
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Section 20.30.070 (Outdoor Lighting) of NBMC, any new lighting associated with the Property including the proposed outdoor dining patio, will be subject to the standards of
Section 20.30.070 including the requirement mandating that lighting fixtures be
designed, shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Finding:
HH. Consider potential impacts from increased pedestrian and vehicular traffic activity during
late night and early morning hours upon adjacent or nearby uses. Facts in Support of Finding:
The interior alterations to the restaurant will increase the NPA from 1,150 square feet to 1,530 square feet. Most of the increase will facilitate additional dining area. Any increase in the number of customers will be negligible and will involve dining activity which typically ends by 10 to 11 pm. which should not impact late-hour operations.
Furthermore, as a condition of approval, the proposed outdoor dining patio will close by
11:00 p.m. prior to the official late-hours which start at 11:00 p.m. Any increase in pedestrian activity will be negligible and is not likely to result in negative impacts. Conditions of approval, including the condition of approval requiring the outdoor dining patio close by 11:00 p.m. will negate potential impacts.
Finding:
II. Consider potential impacts from increased trash and recycling collection activities upon adjacent or nearby uses.
Facts in Support of Finding: The late-hours operation of the remodeled restaurant is not anticipated to increase trash and recycling collection activities during late-hours. Conditions of approval will address trash and
recycling activities on the site to ensure the use does not result in negative impacts with regards
to trash and recycling activities. Finding:
JJ. Consider potential impacts from occupancy loads of the use upon adjacent or nearby
uses. Facts in Support of Finding:
The interior alterations to the restaurant will increase the NPA from 1,150 square feet to 1,530 square feet. Most of the increase will facilitate additional dining area. Dining activities typically diminish by 10 to 11 p.m. Any increase in occupancy load could result from additional dining areas which would not result in impacts to adjacent or nearby uses.
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Finding:
KK. Consider potential impacts from any other factors that may affect adjacent or nearby
uses. Facts in Support of Finding:
No other factors are known or have been identified. Adjustments to Off-Street Parking Requirements
In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the
NBMC, off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with NBMC Section 20.52.020 (Conditional Use Permits and Minor use Permits) and in compliance with the following conditions:
Finding:
LL. The applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available ( e.g., City parking lot located nearby, on-street parking
available, greater than normal walk in trade, mixed-use development);
Fact in Support of Finding: The existing restaurant requires one parking space per 50 square feet of Net Public Area
(NPA). The interior modifications to the restaurant will increase the NPA from 1,150 square
feet to 1,530 square feet. The modifications will incorporate 182 square feet of interior space of the existing 5,032-square-foot restaurant into the proposed outdoor dining patio resulting in a total patio area of 1,347 square feet consisting of 1,200 square feet of NPA. The total combined NPA of the outdoor patio and the existing restaurant equals to 2,730 square feet.
After subtracting the 25% of the interior NPA for the proposed outdoor dining patio, the net
NPA amounts to 2,347.5 square feet which requires 47 parking spaces. Based on the Parking Study submitted on May 13, 2024, by RK Engineering the City Engineer has determined that 46 parking spaces will adequately serve the existing restaurant together with the proposed outdoor dining patio. The 46 parking spaces will ensure that parking will not spillover on to
adjacent areas including on-street parking spaces which could impact public parking available
for coastal access.
MM. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan).
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Facts in Support of Finding:
The Project proposes to manage the on-site parking through the addition of new bicycle
parking, which is a common mode of transportation in the surrounding neighborhood. Additionally, since the Parking Study concludes that a large majority of patrons to the establishment utilize ride-share services such as Uber or Lyft, or choose to walk to the establishment, the parking deficit of one space will not result in a negative impact to the
surrounding neighborhood. Additional street parking is available at 30th Street, 32nd
Street, and Balboa Boulevard, which will further offset the one space parking deficit. Condition of Approval No. 23 requires a minimum of 11 bicycle parking spaces on site. SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act under Section 15301
under Class 1 (Existing Facilities) and Section 15305 under Class 5 (Minor Alterations
in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves PA2024-0001
subject to the conditions of approval set forth in Exhibit “A”, which is attached hereto and incorporated by reference. 3. Approval of the Conditional Use Permit and Coastal Development Permit action shall
become final and effective 14 days following the date this Resolution was adopted
unless within such time an appeal is filed with the City Clerk in accordance with the provisions of NBMC Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program).
4. The action on the Tentative Parcel Map shall become final and effective 10 days after
the adoption of this Resolution unless an appeal is filed with the City Council by the provisions of Title 19 Subdivisions of the Newport Beach Municipal Code. 5. This resolution supersedes Use Permit No. UP1792 and subsequent amendments
approved pursuant to Resolution No. PC2024-012, which upon vesting of the rights
authorized by this conditional use permit, coastal development permit, and operator license, shall become null and void.
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PASSED, APPROVED, AND ADOPTED THIS 5th DAY OF JUNE 2024.
AYES: Barto, Ellmore, Harris, Langford, Rosene, and Salene
NOES: None ABSTAIN: None
ABSENT: Lowrey
BY:_________________________
Curtis Ellmore, Chair BY:_________________________
Tristan Harris, Secretary
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Exhibit “A”
Legal Description Real property in the City of Newport Beach, County of Orange, State of California, described as follows: TRACT 1: PARCEL 1:
THAT PORTION OF THE 100 FOOT PARCEL OF LAND DESCRIBED IN THE DEED DATED SEPTEMBER 26, 1921, RECORDED OCTOBER 14, 1921 IN BOOK 405, PAGE 250 OF DEEDS, AND
ALSO THAT PORTION OF THE LAND THIRDLY DESCRIBED IN THE DEED DATED MAY 5, 1899, RECORDED MAY 8, 1899 IN BOOK 40, PAGE 366 OF DEEDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE WESTERLY LINE OF THAT PORTION OF LAND 30 FEET WIDE, DESCRIBED IN THE DEED DATED MAY 31, 1935, RECORDED NOVEMBER 20, 1935 IN BOOK 792, PAGE 25 OF OFFICIAL RECORDS; SAID POINT OF BEGINNING BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED DATED SEPTEMBER 16, 1938, RECORDED DECEMBER 23, 1938 IN BOOK 975, PAGE 186 OF OFFICIAL RECORDS, THENCE SOUTH 52° 46' 30" WEST ALONG THE NORTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN THE LAST MENTIONED DEED, 92.48 FEET; THENCE NORTH 37° 13' 30" WEST 57.5 FEET; THENCE NORTH 52° 46' 30" EAST 14 FEET; THENCE NORTH 37° 13' 30" WEST 37.5 FEET; THENCE NORTH 52° 46' 30" EAST 131.05 FEET TO A POINT IN THE WESTERLY LINE OF THE AFORESAID 30 FOOT STRIP OF LAND; THENCE SOUTHEASTERLY ALONG SAID
WESTERLY LINE, ALONG THE ARC OF A CURVE CONCAVE TO THE EAST, AND HAVING A RADIUS OF 2844.83 FEET (A RADIAL LINE TO SAID CURVE AT LAST MENTIONED POINT BEARS NORTH 82° 49' 34" EAST) A DISTANCE OF 108.58 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE 100 FOOT PARCEL OF LAND DESCRIBED IN THE DEED RECORDED SEPTEMBER 26, 1921, RECORDED IN BOOK 405, PAGE 250 DEEDS, RECORDS OF ORANGE COUNTY, AND ALSO THAT PORTION OF THE LAND THIRDLY DESCRIBED IN THE DEED DATED MAY 5, 1899, RECORDED IN BOOK 40, PAGE 366, DEEDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND 30 FEET WIDE DESCRIBED IN THE DEED DATED MAY 31, 1935, RECORDED IN BOOK 792, PAGE 25 OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, SAID POINT OF BEGINNING BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED DATED SEPTEMBER 16, 1938, RECORDED IN
BOOK 975, PAGE 186, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 52° 46' 30" WEST ALONG THE NORTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN
THE LAST MENTIONED DEED, 122.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 37° 13' 30" WEST 95 FEET; THENCE NORTH 52° 46' 30" EAST 44.5 FEET TO A POINT; THENCE SOUTH 37° 13' 30" EAST 37.5 FEET; THENCE SOUTH 52° 46' 30" WEST 14 FEET;
THENCE SOUTH 37° 13' 50" EAST 57.5 FEET TO A POINT IN THE NORTHWESTERLY LINE OF THE SAID PARCEL OF LAND DESCRIBED IN THE DEED RECORDED IN BOOK 975, PAGE 186,
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OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 52° 46' 30" WEST 30.5 FEET TO THE POINT OF BEGINNING. PARCEL 3: A RIGHT OF WAY FOR ROAD PURPOSES OVER A STRIP OF LAND 20 FEET IN WIDTH, BEING
THAT PORTION OF THE 100 FOOT PARCEL OF LAND DESCRIBED IN DEED RECORDED OCTOBER 14, 1921 IN BOOK 405, PAGE 250 OF DEEDS, AND ALSO THAT PORTION OF THE LAND THIRDLY DESCRIBED IN THE DEED RECORDED MAY 8, 1899 IN BOOK 40, PAGE 366 OR DEEDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND 30 FEET WIDE, DESCRIBED IN THE DEED RECORDED NOVEMBER 20, 1935 IN BOOK 792, PAGE 25 OF
OFFICIAL RECORDS, SAID POINT OF BEGINNING BEING THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED RECORDED DECEMBER 23, 1938 IN BOOK 975, PAGE 186 OF OFFICIAL RECORDS, THENCE NORTHERLY ALONG THE SAID
WESTERLY LINE AND ALONG THE ARC OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2844.83 FEET (A RADIAL LINE TO SAID CURVE AT LAST MENTIONED POINT BEARS NORTH 80° 30' 21" EAST) AN ARC DISTANCE OF 108.58 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL TO BE DESCRIBED; THENCE SOUTH 52° 46' 30" WEST 175.55 FEET; THENCE NORTH 37° 13' 30" WEST 20 FEET; THENCE NORTH 52° 46' 30" EAST 187.24 FEET, MORE OR LESS, TO A POINT IN AFORESAID WESTERLY LINE; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND ALONG THE ARC OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2844.83 FEET A DISTANCE OF 23.18 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING HAVING AN AREA OF 3639 SQUARE FEET, MORE OR LESS. EXCEPTING THEREFROM THE SOUTHWESTERLY 44.5 FEET, SAID RIGHT OF WAY NOT BEING FOR EXCLUSIVE USE.
TRACT 2: THAT PORTION OF SECTION 28, IN TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, ACCORDING TO AN OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, AUGUST 4, 1890, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND 30 FEET WIDE, DESCRIBED IN THE DEED DATED MAY 31, 1935, RECORDED NOVEMBER 20, 1935, IN BOOK 792, PAGE 25, OFFICIAL RECORDS, WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF 30TH STREET, 50 FEET WIDE, AS SHOWN ON THE MAP OF LAKE TRACT, RECORDED IN BOOK 4, PAGE 13, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 52° 46' 30" WEST ALONG SAID NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF 30TH STREET, 75 FEET; THENCE NORTH 37° 13' 30" WEST, 95 FEET; THENCE NORTH 52° 46' 30" EAST 122.98 FEET, TO A POINT IN THE WESTERLY LINE OF SAID PARCEL OF LAND 30 FEET WIDE, SAID POINT BEING ON A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 2844.83 FEET (A
RADIAL LINE TO SAID CURVE AT SAID POINT BEARS SOUTH 80° 38' 21" WEST); THENCE SOUTHERLY ALONG AN ARC OF SAID CURVE A DISTANCE OF 106.43 FEET TO THE POINT OF BEGINNING.
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EXCEPT THEREFROM THAT PORTION DESCRIBED IN THAT CERTAIN JUDGMENT IN CONDEMNATION IN FAVOR OF THE CITY OF NEWPORT BEACH A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 6, 1962, IN BOOK 6000, PAGE 956, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA. APN: 047-060-01 and 047-060-06 (Affects: Tract 1) and 047-060-10 (Affects: Tract 2)
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CONDITIONS OF APPROVAL
Exhibit “B”
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval.
3. The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this Use Permit.
4. This Conditional Use Permit and Coastal Development Permit may be modified or
revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance.
5. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or Coastal Development Permit, or the processing of a new permit.
6. A copy of the Resolution, including conditions of approval Exhibit “A” shall be
incorporated into the Building Division and field sets of plans before issuance of the building permits. 7. Before the issuance of a building permit, the applicant shall submit a landscape and
irrigation plan in compliance with Chapter 14.17 Water-Efficient Landscape Ordinance
of the Newport Beach Municipal Code. 8. All landscape materials and irrigation systems shall be maintained by the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing
condition and shall receive regular pruning, fertilizing, mowing, and trimming. All
landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance.
9. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact
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on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
10. Before the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division.
11. The hours of operation of the restaurant shall be from 7:00 a.m. to 2:00 a.m., daily.
However, no new patrons shall be allowed to enter the restaurant after 1:00 a.m. and
last call for alcohol service shall occur at 1:30 a.m. The Applicant shall be responsible for encouraging patrons to vacate the premise in a timely manner.
12. The hours of operation for the outdoor dining patio shall be 7:00 a.m. to 2:00 a.m., daily.
13. Prior to operation of the outdoor dining patio, the Applicant shall obtain an Operator’s License from the Newport Beach Police Department.
14. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher:
Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within
100 feet of a commercial property 45dBA 60dBA 40dBA 50dBA
Mixed Use Property 45dBA 60dBA 40dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
15. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 16. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes.
17. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way.
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18. The exterior of the business shall be always maintained free of litter and graffiti. The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
19. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14 (Water and Sewers) of the NBMC, including all future amendments (including Water Quality related requirements). 20. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00
p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit. 21. Storage outside of the building in the front or at the rear of the property shall be
prohibited, except for the required trash container enclosure.
22. The Project shall include 11 bicycle stalls on the Property.
23. A total of 46 parking spaces shall be maintained and accessible for use by the
establishment at all times on both parcels and the adjacent parking easement area as
illustrated on the approved plans. 24. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC. 25. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
26. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and
expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Malarky’s including, but not limited to, a conditional use permit, coastal development permit, tentative parcel map, and operator license (PA2024-
0001). This indemnification shall include, but not be limited to, damages awarded against
the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which
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City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the
indemnification requirements prescribed in this condition.
Fire Department 27. A fire sprinkler system and fire alarm system shall be provided as a part of the building
permit plans submittal.
Police Department 28. The Applicant shall comply with all federal, state, and local laws, and all conditions of the
Type 47 (On-Sale General) Alcoholic Beverage License. Material violation of any of those
laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 29. Food service shall be made available until closing.
30. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m. 31. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed.
32. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition.
33. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 (Community Noise Control) and other
applicable noise control requirements of the NBMC. Pre-recorded music or televisions
may be played in the tenant space (indoor and patio), provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26.
34. All owners, managers and employees must abide by all laws and conditions of the
Alcoholic Beverage License. 35. No outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility.
36. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
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37. There shall be no live entertainment or dancing allowed on the premises.
38. All doors and windows of the existing facility shall remain closed after 10:00 p.m. except
for the ingress and egress of patrons and employees. 39. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.
40. Petitioner shall not share any profits or pay any percentage or commission to a promoter, or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks.
41. Any event or activity staged by an outside promoter or entity, where the Applicant, operator,
owner or his employees or representatives share in any profits or pay any percentage or commission to a promoter, or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited.
42. A Special Events Permit is required for any event or promotional activity outside the normal
operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits.
43. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages every 60 days of hire. This training must be updated every three years regardless of certificate expiration date. The certified program must meet the
standards of the certifying/licensing body designated by the State of California. The
establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner’s manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach.
44. Strict adherence to maximum occupancy limits is required. Security staff shall be posted at each entrance as required by the Security Plan and such staff must keep an accurate occupant load count. Security staff shall provide that count to City officials on command.
45. The applicant shall maintain a security recording system with a 30-day retention and make
those recordings available to police upon request. 46. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
47. An Operator License is required pursuant to Chapter 5.25 of the Municipal Code, may be subject to additional and/or more restrictive conditions such as a security plan to regulate
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and control potential late-hour nuisances associated with the operation of the establishment.
Building Division 48. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City-
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required before the issuance of a building permit. 49. The Applicant shall employ the following best available control measures (“BACMs”) to
reduce construction-related air quality impacts:
Dust Control • Water all active construction areas at least twice daily. • Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. • Cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions • Require 90-day low-NOx tune-ups for off-road equipment. • Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off-site. • Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control. Fill Placement • The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the top six-inch surface layer, subject to review/discretion of the geotechnical engineer.
50. A list of “good housekeeping” practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used, stored, or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of stormwater away from potential sources of
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pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also
identify the entity responsible for the long-term inspection, maintenance, and funding for
all structural (and if applicable Treatment Control) BMPs. 51. As part of the building permit plans submittal, the Applicant shall provide a building analysis, including allowable area shall be based on the most restrictive allowance for
the occupancy group under consideration in compliance with Table 506.2 of California
Building Code (CBC) 2022. 52. The Project shall comply with the exterior wall and maximum area of opening/opening protections required in 705 of CBC 2022.
53. The Project shall comply with the means of egress sizing of chapter 1005 of CBC 2022. 54. The Project shall comply with the following requirements of the CBC. In non-sprinklered buildings, exits from a suite or floor shall be separated by a distance not less than ½ the
diagonal of the suite or floor respectively. (CBC 1007.1.1). In sprinklered buildings, the
minimum separation between exits shall be not less than ⅓ of the diagonal of the space or floor served (CBC 1007.1.1 Exc. 2). 55. The Project shall comply with the required accessible path of travel from parking and
public right of way to the tenant improvement space per 11B-202.4 of the CBC.
56. The Project shall provide the total required number of accessible and van accessible parking in compliance with 11B-208 CBC 2022.
57. The Project shall provide five percent, minimum one, accessible seating for each type
of seating in compliance with 11B-902. 58. The Projects circulation paths contiguous to vehicular traffic shall be physically separated from vehicular traffic. Physical separation shall be provided with circulation
paths raised 4" minimum above the area where vehicular traffic occurs in compliance
with 11B-250.1 CBC 2022. 59. The Project shall provide fire sprinklers per section 903 of the CBC.
60. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric
heaters are allowed if installed per their listing and the California Electrical or Plumbing Code.
Public Works Department
61. Prior to the issuance of a building permit, a parcel Map shall be recorded. The Map shall be prepared on the California coordinate system (NAD83). Prior to recordation of the Map, the surveyor/engineer preparing the Map shall submit to the County Surveyor
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and the City of Newport Beach a digital-graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18. The Map to be submitted to the City of
Newport Beach shall comply with the City’s CADD Standards. Scanned images will not be accepted. 62. Prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie
the boundary of the map into the Horizontal Control System established by the County
Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set on each lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to
completion of construction project.
63. All improvements shall be constructed as required by Ordinance and the Public Works Department.
64. An encroachment permit is required for all work activities within the public right-of-way.
65. Any existing broken and/or otherwise damaged concrete curb, gutter and sidewalk panels along the Newport Boulevard and 30th Street frontages shall be reconstructed.
66. All improvement shall comply with the City’s sight distance requirement. See City
Standards 110-L. 67. In case of damage done to public improvement surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be
required at the discretion of the Public Works Inspector.
68. Parking layout shall be per City Standard 805. 69. Substantial barriers shall be placed between the outdoor dining area and adjacent
parking space areas and drive aisle adjacent to the outdoor dining area. Substantial
barriers shall not encroach into the required dimensions for the drive aisles and parking stalls. 70. Truncated domes shall be installed at the southerly driveway to comply with current ADA
guidelines.
71. Traffic signage and pavement marking shall comply with the latest version of the California MUTCD and Caltrans Design Manual.
72. The existing bench that is located within the Newport Boulevard public right of way shall
be removed.
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73. There shall be a minimum of 5 feet of space around all overhead facilities, such as poles and 15 feet of space around all underground facilities, such as vaults, lids, manholes,
vent pipes, pad-mounted transformers, etc.
74. Seating or structures below overhead conductors and/or under the “drip line” shall be prohibited.
75. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc. 76. Expanded outdoor dining areas shall adhere to the SCE clearance Decal examples.
77. Prior to the issuance of a building permit, the applicant shall obtain and provide a copy
of the approval from the Southern California Gas Company for all improvements within the existing Gas Company easement.
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