HomeMy WebLinkAbout07-c_Additional_Materials_Received_After_Packet_PublishedASLI�'A N
COMPANIES
INCORPORATED
August 3, 2010
Chairman Earl McDaniel
Planning Commission
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92663
Subject: China Palace
Use Permit for Live Entertainment
UP 2010 -082
2800 West Coast Highway
Dear Chairman and Commissioners:
This letter is in response to the Staff Report for the project. We have attached comments
to the proposed resolution for your consideration. The areas where we disagree with staff
are hours of operation, dancing, parking ratios, and type of entertainment.
BACKGROUND:
The restaurant has been owned and operated by "Jack" Mau, and has been a successful
and contributing member of the neighborhood for 26 years. China Palace and its
clientele have enjoyed the existing atmosphere during that time. Now the restaurant is
being upgraded with a sushi bar and updated finishes and furniture, as well as an outdoor
dining area.
China Palace is located in Mariners Mile and is looking to enhance its business and be
more competitive with other restaurants in the neighborhood, by adding some
entertainment and a late night menu. Of course, keeping merchants in the Mariners Mile
and encouraging support and patronage has been a long standing goal of the City
Council.
China Palace received Use Permit 3095 approval by the planning Commission on
7/5/1984. That approval required the applicant to receive an amendment to the UP if live
entertainment was ever proposed.
1901 Port Weybridge PI., Newport Beach, CA 92660
Telephone: 949 /250 -7118 Fax: 949/250 -7116
speotter @aslanco.com
81312010
Page 2
Condition from UP 3095
33. That no live entertainment or dancing be permitted
in the restaurant unlesr the planning Cowdssion
approves an amendment to this use pe=it.
China Palace is now requesting that amendment.
ISSUES:
Typically the granting of entertainment permits in the City of Newport Beach have dealt
with the issues of parking, hours of operation, residential neighbors, and type of
entertainment. This project is no different.
Parking
The parking currently is 1 space for 50 SF of public area. This equates to 2,129 SF of
public area divided by 50sf /space for a requirement of 43 spaces. These are currently
being met by 30 on site spaces and 13 in lieu spaces.
China Palace gave up increased setbacks along West Coast Highway (WCH) with their
1984 UP because of future widening of PCH (which they are still waiting for). In that
process they lost the opportunity to provide all their required parking onsite.
The final approval for China Palace required China Palace to provide 13 spaces in lieu at
the city owned lot, requiring an annual fee for the privilege.
The addition of Live Entertainment requires between 30 -50SF /space. Staff has chosen
35SF /space. We believe that 40SF /Space would be more appropriate. If you look at the
floor plan, you can see that the added SUSHI BAR is located in the center of the dining
room, which breaks up the space considerably. This lack of contiguous space will make it
difficult to have larger crowds in the restaurant. The design was established intentionally,
as the entertainment is designed for diners and not standing room only crowds, therefore
reducing the need for the parking.
The additional parking is proposed to be provided by 2 sources. C'est Si Bon Bakery at
149 Riverside Avenue, #B (directly to the north and adjacent to China Palace) has a
leasehold interest in 15 spaces that they do not use past 6:00 PM. Wells Fargo at
2750 West Coast Highway (directly across Riverside Ave) has 30 spaces available.
Both of these facilities have given permission for China Palace to utilize these spaces
after 6:OOPM daily. So China Palace has access to over 45 spaces, directly adjacent
to the restaurant to meet the requirement of 15 additional spaces..
81312010
Page 3
Hours of operation
Currently the restaurant is unrestricted in their hours of operation. The ABC requires
them to stop serving alcohol at 2:00 am. China Palace would like to include live
entertainment and dancing after 6:OOPM until 2:00 AM daily, while the additional required
parking is available.
Staff is recommending that the entire restaurant close at 12:00 Midnight, NOT include
dancing, and restrict the live entertainment to non amplified music 5 pieces or less. The
concern seems to be that this will restrict the restaurant from becoming a nightclub or bar,
which is against the zoning. In effect the operator is assumed to be a bad player and
prevents him from keeping his business open past midnight, with or without live
entertainment. There doesn't seem to be a nexus as to why live entertainment requires
the entire restaurant to close after the live entertainment is over.
This restaurant is in a commercial area, with the closest residential unit at least 550 feet
away (line of sight). This is not the Balboa Peninsula with residential units sharing
property lines, and traffic difficult to gain access to tight residential areas. This is on PCH
directly adjacent to Newport Blvd. This location has the least intrusion into Newport
Beach neighborhoods, either directly or by traffic as any location in the city, with perhaps
the exception of the Airport area or the center of Fashion Island. If there were ever a
location to allow a conditionally permitted use per code, this is it.
You will also notice that this portion of Mariners Mile also includes (see attached map)
several other restaurants that already have live entertainment without restrictions on their
hours (except by ABC). These restaurants however do not have the convenient parking
and are directly across water to residential. These restaurants have been dealing with
police and security and noise issues for many years. We certainly are not providing a
new use into the neighborhood.
Residential Neighbors
Right now the closest neighbors are over 550' away, 50' up and over the top of a
commercial center. China Palace prides itself in the way that they have been
accommodating and considerate to their neighbors, many of whom are also clientele.
This isn't like 333 on Bayside where you have neighbors 100' across the water, or the
Port Restaurant in CDM where they had neighbors that shared their property lines on 2
sides and across the street.
Staff has also indicated that with the new zoning becoming MU -MM, there is a possibility
that more residential could come in the future. I am sure that when PCH is widened....
That may or may not occur. In the meantime any potential future resident will be fully
aware of the existing restaurants in the area and with additional noticing required in the
new zoning code, should be sufficiently informed to make that decision. But it seems
unusually harsh to make China Palace comply with a problem that may or may not occur
to a resident that may or may not exist in the future.....
81312010
Page 4
Type of Entertainment
Staff is recommending that the type of entertainment be limited to 5 musicians or less with
no amplified music, in a 200 SF area, with NO dancing. It almost seems as though they
don't want to have fun... Without jest, the layout of the restaurant is such that the patrons
would have a difficult time hearing music throughout the facility with no amplification. This
would also preclude having an opportunity to have a wedding or banquet there, where a
DJ and a dance floor would be required, or if the type of music required amplification
Although the intent is to provide quiet music and dancing with a new late night menu, we
would not be able to do this as conditioned. We ask that we only be allowed per code to
provide live entertainment, while meeting the noise ordinances as all others are required
to do.
Staff has also reduced the allowable hours of operation from the code maximums to
12:00 Midnight when the noise and nearby residents are not an issue only the fear of
future night club potential. This means that if China Palace wanted to offer live
entertainment after dinner hours, beginning around 10PM after the late dinner crowd is
done, and entertainer may only play between 10 and midnight every night of the week.
Again staff seems to base this on a potential fear of enforcement if there is ever a bad
operator of the restaurant, in the future, and it becomes a bar, or nightclub in operation.
There are many conditions that help prevent that. Those conditions already exist at 5
restaurants in the neighborhood. All that China Palace requests is that they be treated on
the same level playing field as everyone else.
CONCLUSION:
China Palace, requests that a live entertainment permit be granted with dancing allowed
from 6pm to 2am daily, on a 200SF dance floor with a 200SF entertainment area, with
standard noise ordinance restrictions as all other restaurants with live entertainment in the
neighborhood.
Thank you for your consideration. We will beat the hearing on 8/5/2010 and are
available to meet at the site or with you at your convenience to answer any questions you
might have.
Sincerely,
ASLAN COMPANIES, INC.
Scott Peotter
Principal
Newport Beach Police Department
Robert M. Luman Chief ufPolice 870 Santa Barbara Drive -P.O. Box 7000. Newport Beach, CA 92658 -7000
February 24, 2010
CHINA PALACE RESTAURANT
2800 W. Coast Hwy.
Newport Beach, CA 92663
Re: ABC Lic# 47- 311125
Dear Licensee:
On February 18, 2010 the Newport Beach Police Department conducted a
minor decoy operation at various licensed establishments throughout the city. A
decoy, under the age of 21, was sent into your establishment in an attempt to
purchase an alcoholic beverage. YQurestablishment was successful in
.preventing this activity. Thank you for a job weft done.
Sincerely,
Detective Bryan Moore
ABC Liaison
Newport Beach Police Department
Office of the Chief (949) 644 -3701. Support Services (949) 644 -3654 . Patrol - Traffic (949) 644 -3742 - Detectives (949) 644 -3790
RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
UP2010 -015 TO ALLOW LIVE ENTERTIAINMENT AND
DENYING THE APPLICANT'S REQUEST FOR DANCING
WITHIN AN EXISTING RESTAURANT LOCATED AT 2800 WEST
COAST HIGHWAY IN CONJUNCTION WITH A PARKING
MANAGEMENT PROGRAM FOR THE PROVISION OF OFF -SITE
PARKING LOCATED AT 2750 WEST COAST HIGHWAY
(PA2010 -082)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Yu -Ter Mau, representing China Palace, with respect to
property located at 2800 West Coast Highway, and legally described as the
southeasterly 129.15 -foot by 130 -foot portion of Lot F, Tract No. 919, in the City of
Newport Beach, County of Orange, State of California, as per map recorded in Book 29,
Pages 31 to 34, inclusive of miscellaneous maps, in the office of the county recorder of
the County of Orange requesting approval of a use permit.
2. The applicant requests approval of a use permit to allow live entertainment and
dancing within an existing full - service eating and drinking establishment with on -sale
alcohol service with off - street parking at an off -site parking lot located at 2750 West
Coast Highway.
3. The subject property is located within the Retail and Service Commercial land sub -area
of the Mariner's Mile Specific Plan (SP -5) Zoning District and the General Plan Land Use
Element category is Mixed -Use Horizontal 1 (MU -1-11).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed -Use Horizontal (MU -H).
5. A public hearing was held on August 5, 2010 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 3 (New Construction or
Conversion of Small Structures).
Planning Commission Resolution No.
Page 2 of 13
2. The project consists of minimal change to the physical characteristics of the existing
structure. The conversion of the eating and drinking establishment to allow for the
addition of live entertainment includes only minor interior modifications to the existing
structure for the installation of a new dance floor.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.91.035.A of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
Finding:
A. That the proposed location of the use is in accord with the objectives of the Zoning
Code and the purpose of the district in which the site is located.
Facts in Support of Finding:
A -1. The project is located in the SP- 5 (Mariner's Mile Specific Plan) Zoning District within
the Retail Service Commercial Sub -Area. The Retail and Service Commercial Sub -
Area encourages the continuation of "marine- oriented" uses and the "marine" theme or
character of the area; encourages mutually supportive businesses, a continuity of
shopping and pedestrian orientation, and prohibits uses, which would interrupt this
continuity; and minimizes the number of curb cuts on Coast Highway. The eating and
drinking establishment with existing on -sale alcoholic beverage service is a mutually
supportive commercial use that serves visitors, residents, and employees in the area.
Eating and drinking establishments are a permitted use in this land use district with the
approval of a use permit. Therefore, the eating and drinking establishment with on -sale
alcohol service and proposed live entertainment is consistent with the purposes of the
Mariner's Mile Specific Plan for the Retail Service Commercial Sub -Area.
A -2. The location of the eating and drinking establishment is located within Mariner's Mile is
surrounded by land uses that are dominated by retail commercial, professional office
and visitor serving uses. Restaurant uses with live entertainment can be expected to
be found in this and similar locations and are complimentary to the surrounding
commercial uses.
A -3. The project site is located in an area designated for mixed -use development, but not
located in close proximity to residential districts, day care centers, schools, park and
recreation facilities or places of religious assembly.
A -4. The project has been conditioned in such a manner to require strict adherence to
safety and noise regulations. The project design and operational characteristics, as
conditioned, meets the intent of the Zoning Code.
Tmplt: 04/14/10
Planning Commission Resolution No.
Finding:
B. That the proposed location of the Use Permit and the proposed conditions under which
it would be operated or maintained will be consistent with the General Plan and the
purpose of the district in which the site is located; will not be detrimental to the public
health, safety, peace, morals, comfort, or welfare of persons residing or working in or
adjacent to the neighborhood of such use; and will not be detrimental to the properties
or improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
B -1. The Land Use Element of the General Plan designates the site for Mixed Use
Horizontal (MU -H1). Properties designated MU -H1 on the inland side of Coast
Highway in the Mariners' Mile Corridor are intended for marine - related and highway -
oriented general commercial uses in accordance with CM and CG designations. The
existing eating and drinking establishment and proposed live entertainment is
consistent with this land use designation.
B -2. The existing eating and drinking establishment is located in a commercially designated
area and is consistent with the land uses intended for properties fronting West Coast
Highway within the Mariner's Mile corridor. The updated General Plan, adopted in
2006, provides opportunities for the integration of residential units on the inland
parcels between Riverside Avenue and Tustin Avenue. Due to the potential addition of
residential units in the vicinity of the project site, the project has been conditioned as
reflected in the draft resolution (Attachment No. PC 1) to regulate parking, trash and
site maintenance,
42-199 Fmidnight.
B -3. The use authorized by this permit is not a bar, tavern, cocktail lounge, or nightclub.
The City has experienced land use conflicts, nuisance issues, and issues requiring
police intervention with these types of activities in the past. Prohibition of these uses or
activities will minimize potential land use conflicts, nuisances and police intervention.
The Police Department has provided conditions of approval to ensure the safety of the
operation as proposed by the applicant.
B-4. There have been no alcohol related arrests for the subject property from July 1, 2009
through July 1, 2010. Although the number of alcohol licenses within the reporting
district and adjacent reporting districts is higher than the County-wide average and
adjacent districts, this level is not significantly high given the nature of the land uses in
the district. The percentage of alcohol - related arrests in the police- reporting district in
which the project is proposed is lower than the percentage citywide. The preceding
information supports the case that the subject establishment will not become an undo
burden upon police services with the addition of live entertainment.
B -5. Both the General Plan and the CLUP set a development intensity limit of 0.5 floor area to
land area ratio (FAR) for non - residential development. The total square footage of 5,347
gross square feet for the project site results in an FAR of 0.32. The proposed project
Tmplt: 04 /14/10
Planning Commission Resolution No. _
Page 4 of 13
provides complies with the maximum FAR permitted by the General Plan and the
proportional FAR designated for commercial uses.
Finding:
C. That the proposed use will comply with the provisions of this Zoning Code, including
any specific condition required for the proposed use in the district in which it would be
located.
Facts in Support of Finding: Existing
C -1. The proposed use complies with th evelopment standards for the SP -5 (Mariner's Mile
Proposed Specific Plan) District. The full -service eating and drinking establishment with
live entertainment will not be detrimental to the site or to the community based upon the
proposed conditions of approval. The proposed conditions of approval ensure that all
conflicts with surrounding land uses are eliminated or minimized to the greatest extent
possible. 6:00 PM to 2:00am
C -2. The hours of a ation have been conditioned to limit live entertainment at the
establishment fro 5•nn p.m. to 1199 T,aR. , . The hours of operation for the
establishment will be reduced from unlimited to 5AM to 2AM
Daily
C -3. The approved Parking Management Program will ensure adequate access and
utilization of the parking areas provided both on and off -site for the subject
establishment.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Use Permit
No. 2010 -015 (PA2010 -082) for live entertainment at the subject establishment, subject
to the conditions set forth in Exhibit A, which is attached hereto and incorporated by
reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
3. This resolution supersedes Planning Commission Resolution No. 3095, which upon
vesting of the rights authorized by this use permit, shall become null and void.
Tmplt: 04/14/10
Planning Commission Resolution No. _
PASSED, APPROVED AND ADOPTED THIS S'' DAY OF AUGUST, 2010.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Earl McDaniel, Chairman
AN
Michael Toerge, Secretary
Tmpit 04/14/10
Planning Commission Resolution No. _
Paae 6 of 13
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
Prior to issuance of building permits, the applicant shall obtain a determination, in
writing, from the Coastal Commission that the project as proposed is not development
under the California Coastal Act or obtain Coastal Commission approval of the parcel
map.
2. There shall be no live entertainment allowed on the premises without first obtaining a
Live Entertainment permit from the City. Prior to the issuance of building permits for the
change of occupancy, the applicant shall obtain a Live Entertainment Permit from the
Revenue Department.
3. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
4. The hours of operation for the eating and drinking establishment and the outdoor dining
area are limited from 5AM to 2AM Daily
5. Live entertainment shall be permitted at the subject property from 6:00 p.m. to X69
.- opi&ig, 2:OOam
Dancing is allowed for the hours of live entertainment
400
The area provided for live entertainment "all not exceed 266 square feet.
and Dancing
The applicant shall provide licensed security personnel while offering live entertainment.
9. A comprehensive security plan for the permitted uses shall be submitted to the Newport
Beach Police Department for review and approval.
10. All owners, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
serving and selling alcoholic beverages.
11. Approval does not permit China Palace to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Municipal Code, unless the Planning Commission first
approves a use permit.
12. Live entertainment shall be Amked
as defined in the code
Tmplt: 04114/10
Planning Commission Resolution No.
13. The live entertainment use shall be permitted within the interior dining rooms only. Live
entertainment provided for restaurant patrons shall remain an ancillary use intended to
enhance the dining experience within the restaurant. The live entertainment area shall
be physically identified within the restaurant area.
14. Food service from the regular menu most be available to patrons up to thirty minutes
before the scheduled closing time.
15. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
16. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed
except when offered in conjunction with food ordered from the full service menu. There
shall be no reduced price alcoholic beverage promotion after 9:00 p.m.
17. VIP passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order or sale of
drinks is prohibited.
18. The 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.
19. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the
licensed business. These records shall be kept no less frequently than on a quarteriy
basis and shall be made available to the Police Department on demand.
20. 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.
21. There shall be no on -site radio, television, video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time which include the
service of alcoholic beverages, without first obtaining an approved Special Events Permit
issued by the City of Newport Beach.
22. The use of private (enclosed) "VIP" rooms or any other temporary permanent enclosures
separate from public areas are prohibited.
23. When offering live entertainment, all doors and windows shall remain closed except for
the normal ingress/egress doors.
Tmplt: 04114/10
Planning Commission Resolution No. _
Page 8 of 13
24. Amplified live music or entertainment shall be permitted only within the confines of the
main building. No outside paging system shall be utilized in conjunction with this
establishment. No amplified music or entertainment is permitted in the outdoor dining
area, sidewalk, or adjacent areas. No outside paging system, loudspeaker or other
noise generating device shall be utilized in conjunction with this outdoor dining area.
No music will be piped into any sidewalk or adjacent areas.
(per current code
25. All noise generated by the proposed use shall comply with the provis' s of Chapter
10.26 and other applicable noise control requirements of the Newport Bea Municipal
Code. The maximum noise shall be limited to no more than depicted bel for the
specified time periods unless the ambient noise level is higher:
26. All proposed signs shall be in conformance with the provisions of Chapter 20.67 of the
Newport Beach Municipal Code or an approved Comprehensive Sign Program for the
of these are complete
27. The landscape plan for the restaurant site shall be subject to the review and approval
of the Parks, Beaches, and Recreation Department, the Public Works Department,
and the Planning Department. [COA UP3095]
28. Landscaping shall be regularly maintained free of weeds and debris. All vegetation
shall be regularly trimmed and kept in healthy condition. (COA UP30951
29. Final design of the project shall provide for adequate security lighting in public areas
and the off -site parking areas. [COA UP3095]
30. The project lighting system shall be designed and maintained in such a manner so as
to conceal the light source and to minimize light spillage and glare to the adjacent
area. The plans shall be prepared and signed by a licensed electrical engineer, with a
letter form the engineer stating that, in his opinion, this requirement has been met.
[COA UP3095]
31. All trash areas, mechanical equipment, vents, and other service equipment shall be
shielded or screened by architectural design from public streets and adjoining
properties. jCOA UP30951
32. 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.
Tmplt. 04/14/10
Between the hours of 7:OOAM
and 10:OOPM
Between the hours of
10:OOPM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
26. All proposed signs shall be in conformance with the provisions of Chapter 20.67 of the
Newport Beach Municipal Code or an approved Comprehensive Sign Program for the
of these are complete
27. The landscape plan for the restaurant site shall be subject to the review and approval
of the Parks, Beaches, and Recreation Department, the Public Works Department,
and the Planning Department. [COA UP3095]
28. Landscaping shall be regularly maintained free of weeds and debris. All vegetation
shall be regularly trimmed and kept in healthy condition. (COA UP30951
29. Final design of the project shall provide for adequate security lighting in public areas
and the off -site parking areas. [COA UP3095]
30. The project lighting system shall be designed and maintained in such a manner so as
to conceal the light source and to minimize light spillage and glare to the adjacent
area. The plans shall be prepared and signed by a licensed electrical engineer, with a
letter form the engineer stating that, in his opinion, this requirement has been met.
[COA UP3095]
31. All trash areas, mechanical equipment, vents, and other service equipment shall be
shielded or screened by architectural design from public streets and adjoining
properties. jCOA UP30951
32. 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.
Tmplt. 04/14/10
Planning Commission Resolution No. _
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
33. 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.
34. 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.
35. 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
Department. Cleaning and maintenance of trash dumpsters shall be done in
compliance with the provisions of Title 14, including all future amendments (including
Water Quality related requirements).
7:00 am
36. Deliveries and refuse collect' for the facility shall be prohibited between the hours of
10:00 p.m. and . ., daily, unless otherwise approved by the Planning Director,
and may require an amendment to this Use Permit.
37. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
38. 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.)
39. Use Permit No. 2010 -0015 shall expire unless exercised within 24 months from the date
of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
40. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
41. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
42. This Use Permit may be modified or revoked by the City Council or 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.
Tmplt: 04/14110
Planning Commission Resolution No. _
Page 10 of 13
43. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
44. 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.
45. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
46. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all 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 the China Palace Use Permit for Live Entertainment
including, but not limited to, Use Permit No. UP2010 -015 (PA2010 -082). This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action, suit or proceeding whether incurred by applicant, City,
and /or the parties initiating or bringing such proceeding. The applicant shall indemnify
the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing
the indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Fire Department Conditions
these are complete
That all access to the building be approved by the Fire Department. [COA UP3095]
48. That all on -site fire protections (hydrants and Fire Department connections) shall be
approved by the Fire and Public Works Department. [COA UP3095]
49. That prior to the issuance of building permits, the Fire Department shall review the
proposed plans and may require automatic fire sprinkler protection. (COA UP30951
50. The landscape plan shall place heavy emphasis on fire- retardant vegetation. (COA
UP3095]
Building Department Conditions
51. Strict adherence to maximum occupancy limits is required. A building permit is required
to allow the change in occupancy. Plan Check No. 0316 -2010 for tenant improvements
to the subject property shall be revised to reflect the new calculated occupant load to
accommodate live entertainment. The plans shall calculate the occupant load,
TmpIC 04 /14/10
Planning Commission Resolution No. _
Page 11 of 13
including all occupied areas, patio, and dance floor based on the CBC Chapter 4. The
plans shall verify that the existing number of plumbing fixtures complies with Table
CBC 4 -1 (Restaurants). All plans and work must comply with the California Building
Code.
All of these are complete
52. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code.
53. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
54. The construction plans must meet all applicable State Disabilities Access requirements.
Handicapped parking shall be provided in a manner and quantity approved by the City
Traffic Engineer. The handicapped parking shall be available for self - parking. [COA
UP3095]
55. Fugitive dust emissions during demolition and construction shall be minimized by
watering the site for dust control, containing excavated soil on -site until it is hauled
away, and periodically washing adjacent streets to remove accumulated materials.
(COA UP30951
56. A washout area for the restaurant trash containers shall be provided in such a way as
to assure direct drainage into the sewer system and not into the Bay or the storm
drains. [COA UP3095]
57. Grease interceptors shall be installed on all fixtures in the restaurant facilities where
grease may be introduced into the drainage systems in accordance with the provision
of the Uniform Plumbing Code. [COA UP3095]
58. Kitchen exhaust fans shall be designed to control odors and smoke. [COA UP3095]
59. Final design of the project shall provide for the incorporation of water - saving devices
2129SF/40SF =53.22 spaces, less 26 spaces in lot and less 13 from city lot requires 15
,at Wells Fargo or C'est Si Bon Bakery
of these are complete
60. A minimum of oni parking space per 50 square feet of "net public area' shall be
provided for the rg taurant use from 11:00 a.m. until 6:00 p.m. and that a maximum of
13 of the requirep restaurant parking spaces may be located in the Mariner's Mile
or at C'est Si Bon Bakery at 149 Riverside Avenue, #B
61. A total of 26 p rking sp ces shall be provided on -site for the full -servi eating and
drinking establ, ment d hg operating hours from 6:00 p.m. to . Closing
�/1 Closing
62. A total of& parking s ces shall be provide a site parking lot loca d at 50
West Coast Highway rom 6:00 p.m. to Should the ban exten its
hours of operation beyond 6:00 p.m. or the property owner of 2750 West Co t
Tmplt: 04 114/10 Wells Farg at
Planning Commission Resolution No. _
Page 12 of 13
Highway 4armLnate the parking offered to 2800 West Coast Highway, the live
entertainment at the s erty shall be invalidated unless adequate off - street
parking can be obtained for the subjec p eft`yand at C'est Si Bon Bakery at 149 Riverside
Avenue, #B
63. The Planning Director shall be notified immediately should any changes in the
Parking Lease between the applicant and the owner of the off -site parking lot b&-
proposed.
available for the use of the restaurant o -site parking
acceptable to the or is not provided, the accessory live
All of these are complete
65. Six compact parking spaces shall be permitted within the on -site parking area. [COA
UP3095]
66. Valet parking shall be required on -site during operating hours from 11:00 a.m. to 6:00
p.m. as long as the tandem configuration of parking (parallel parking in the drive aisle)
remains on -site.
67. The valet operation shall not impact the public right -of -way. Vehicle staging, drop off
and pick -up shall occur on -site only and the valet pick -up and delivery station shall not
be located in the public - right -of -way. (COA UP30951
68. The valet parking service shall not preclude the use of a portion of the independently
accessible spaces by patrons wishing to park their own car. The self -park spaces shall
be clearly designated. jCOA UP30951
69. The applicant shall discourage patrons from crossing Riverside Avenue at mid -block
locations ano aarecr patrons to use to urrnze neamy crosswarxs.
All of these are complete
70. That the on -site parking, vehicular circulation and pedestrian circulation be subject to
further review by the City Traffic Engineer, and that no parking be allowed on the
entrance drive within 16 feet of the property line. [COA UP3095]
71. That all improvements be constructed as required by ordinance and the Public Works
Department.
72. That 13 parking permits shall be purchased from the City on an annual basis. Said
parking permits shall be distributed to the employees of the restaurant for their use in
parking in the municipal lot. [COA UP3095]
73. That employees of the restaurant shall be required to park in the municipal parking lot.
[COA UP3095]
Tmplt: 04/14/10
applicant
64. Valet parking is
not permitted at 2750
West Coast
ay. if valet parking is
proposed at the
off -site parking location,
the appkesfieti
shall submit a new valet
All of these are complete
65. Six compact parking spaces shall be permitted within the on -site parking area. [COA
UP3095]
66. Valet parking shall be required on -site during operating hours from 11:00 a.m. to 6:00
p.m. as long as the tandem configuration of parking (parallel parking in the drive aisle)
remains on -site.
67. The valet operation shall not impact the public right -of -way. Vehicle staging, drop off
and pick -up shall occur on -site only and the valet pick -up and delivery station shall not
be located in the public - right -of -way. (COA UP30951
68. The valet parking service shall not preclude the use of a portion of the independently
accessible spaces by patrons wishing to park their own car. The self -park spaces shall
be clearly designated. jCOA UP30951
69. The applicant shall discourage patrons from crossing Riverside Avenue at mid -block
locations ano aarecr patrons to use to urrnze neamy crosswarxs.
All of these are complete
70. That the on -site parking, vehicular circulation and pedestrian circulation be subject to
further review by the City Traffic Engineer, and that no parking be allowed on the
entrance drive within 16 feet of the property line. [COA UP3095]
71. That all improvements be constructed as required by ordinance and the Public Works
Department.
72. That 13 parking permits shall be purchased from the City on an annual basis. Said
parking permits shall be distributed to the employees of the restaurant for their use in
parking in the municipal lot. [COA UP3095]
73. That employees of the restaurant shall be required to park in the municipal parking lot.
[COA UP3095]
Tmplt: 04/14/10
Planning Commission Resolution No.
Page 13 of 13
74. The signage for take -out parking in the ADA access pathway shall be removed.
of these are complete
75. That the intersection of streets and drives be designed to provide site distance for a
speed of 35 miles per hour. Landscaping, walls and other obstructions shall be
considered in the sight distance requirements. Landscaping within the sight distance
line shall not exceed twenty -four inches in height. The sight distance requirement may
be approximately modified at non - critical locations, subject to the approval of the
Traffic Engineer. [COA UP3095]
76. That the applicant's leasehold interest to a 19 -foot by 19 -foot -45 degree comer cutoff
at the northwesterly comer of Riverside Avenue and West Coast Highw3ay and to 18
feet of right -of -way be dedicated to the public for street and highway purposes along
the West coast Highway frontage, and that the building be relocated towards the
westerly side property line so as to provide for the required comer cutoff. [CO A
UP3095]
77. That prior to obtaining building permits, the Applicant shall agree he will not request
adjustments to rental fees based on the City's acquisition of the 18 -foot wide strip and
comer cutoff, reducing the size of the parcel. [COA UP3095]
78. That the future street area be landscaped and maintained by the Applicant until such
time as it is needed for street purposes. jCOA UP3095j
79. That all vehicular access rights to West Coast Highway be released and relinquished
to the City of !Newport Beach prior to issuance of any building permits. [COA UP3095]
80. That street and utility improvements be shown on standard improvement plans
prepared by a licensed civil engineer. (COA UP30951
81. That the Applicant acknowledges and agrees that the proposed development will not
increase the need for on- street parking along West coast Highway and therefore, the
Applicant agrees not to claim any economic loss for the removal of parking for the
restriping or widening of West Coast Highway on the grounds of loss of on- street
parking. [COA UP30951
Tmplt: 04114110
Mariner's Mile Restaurant Hours of Operation and Live Enteratinment /Dancing Limitations
Address /Establishment
Discretionary
Year
Status
Project Description
Hours Approved
Notes
Application
13131
West Coast Highway
OD46
1998
APPROVED
outdoor dining
no hours of operation
(Villa Nova)
expansion 205 sq ft
specified by discretionary
for ADA req.
approvals
UP816
1962
APPROVED
alteration to existing
N/A
restaurant with
insufficient parking
UP432
1962
REVOKED
building height of 85'
N/A
and min. 500 sq
ft/family unit
UP622
1960
DENIED
building height 110'
N/A
and parking to z
district parking
formula
UP469
1958
APPROVED
restaurant and club
N/A
room for yacht club
UP438
1958
APPROVED
use of float and pier
N/A
for morring area and
blacktop area for
display
UP89
1953
APPROVED
live bait receiver
N/A
2
2751 West Coast Highway
UP2003 -035
2003
WITHDRAWN
modify existing use
Interior Dining Hours:
(Billy's By the Beach)
(PA2003 -217)
permits #2051 &
11:00 a.m.-2:00 a.m., daily
3674 to eliminate
parking behind
Mariner's Mile
Shopping Center,
provide on -site
tandem and also
parking at 2620
Avon.
OD67
2000
APPROVED
outdoor dining 425
Outdoor Dining Hours:
no live
sq ft and 220 sq ft
11:00a.m: 10:00p.m.Sun:
entertainment,
service area, >25
Thu., 11:00 a.m.-12:00
dancing, or alcohol
percent net public
midnight Fri. &Sat.
outside
area
UP3674
2000
APPROVED
off -site parking and
Outdoor Dining Hours:
no dancing for
outdoor dining >25 %11:OOa.m.-
10:OOp.m.Sun.-
entire
net public area, add.
Thu., 11:00 a.m. -12:00
establishment
220 sq ft service
midnight Fri. &Sat.
area
UP3228A
1995
APPROVED
to allow an opening
Interior Dining Hours: 11:00
live entertainment
time of 11:00 a.m.
a.m. -2:00 a.m., daily
(piano and lounge
rather than 5:00
in dining area) and
p.m. to allow for
alcohol service
lunch service
2751 West Coast Highway
UP3328
1989
APPROVED
to allow a restaurant
Interior Dining Hours: 5:00
(Billy's By the Beach) cont...
with live
p.m. -2:00 a.m., daily,
entertainment and
brunch on Sat. & Sun. w/
alcohol service with
off -site parking agreement
an off -site parking
w/ 2801 W. Coast Hwy.
agreement and
traffic study
Mariner's Mile Restaurant Hours of Operation and Live Enteratinment /Dancing Limitations
Address /Establishment
Discretionary
Year
Status
Project Description
Hours Approved
Notes
Application
UP2003A
1982
APPROVED
to allow a restaurant
N/A
with live
entertainment and
alcohol service with
an off -site parking
agreement and
traffic study
UP2003
1981
DENIED
to operate a
restaurant and bar
with live
entertainment and
valet parking
UP0831
1962
APPROVED
chartering and
N/A
renting of inboard
cruisers for daily and
weekly fishing trips
3
2801 West Coast Highway
OD0068
2000
APPROVED
outdoor dining 768
Interior Dining Hours: 5:00
no live
(Charthouse)
sq ft
p.m. -2:00 a.m. Mon.-Sat.
entertainment or
and Sunday brunch,
dancing outside
Outdoor Dining Horus:
5:00 p.m: 30:O0p.m. Mon -
Thus., S:OOp.m: 12:00
midnight Fri. & Sat.,
30:00a.m: 10:OOp.m. Sun
brunch and dinner
UP2051A
1986
to allow Sunday
Interior Dining Hours: 5:00
brunch and private
p.m. -2:00 a.m. Mon. -Sat.
parties on Saturday
and Sunday brunch
afternoons,
amended off -site
parking agreement
UP2051
1982
APPROVED
restaurant and office
Interior Dining Hours: 5:00
>0.5 FAR, valet and
p.m. -2:00 a.m. Mon. -Sat.
off -site parking
agreement and
traffic study
V1049
1975
APPROVED
to allow tower of
N/A
new restaurant up
to 45' in height and
four corners of
restaurnt to have 4'
flag pales at each
corner
2801 West Coast Highway
UP1760
1975
APPROVED
new restaurant to
N/A
(Charthouse) cont...
exceed the basic
height limit, off -site
parking agreement
Mariner's Mile Restaurant Hours of Operation and Live Enteratinment /Dancing Limitations
Address /Establishment
Discretionary
Year
Status
Project Description
Hours Approved
Notes
Application
UP0831
1962
APPROVED
chartering and
N/A
renting of inboard
cruisers for daily and
weekly fishing trips
4
2735 West Coast Highway
OD2005 -001
2005
APPROVED
Outdoor dining, 25
Outdoor Dining Hours:
live entertainment,
(The Rusty Pelican)
(PA2005 -054)
seats, 500 sq ft
11:00 a.m. -9:00 p.m.,
second floor only
cleaned and closed by 9:30
p.m.
MD2004 -054
2004
APPROVED
wall display sign with
N/A
(PA2004 -159)
neon halo
illumination,
oversize >200 sq ft
UP1600
1987
APPROVED
live entertainment
alcohol permitted
UP0831
1962
APPROVED
chartering and
N/A
renting of inboard
cruisers for daily and
weekly fishing trips
5
251 East Coast Highway(Sol
OD49A
2000
APPROVED
extend OD hours
Outdoor Dining Hours:
Restaurant)
11:00 a.m. -12:00 midnight
OD49
1999
APPROVED
outdoor dining
Outdoor Dining Hours: Sun-
no amplified sound
Thu 11:00 a.m. -10:00 p.m.,
m outdoor dining
Fri & Sat 11:00 a.m.-
area
11:OOp.m.
251 East Coast Highway(Sol
MD3392
1988
APPROVED
restriping of parking
N/A
Restaurant) cant...
lot with 46 compact
spaces
UP677
1960
APPROVED
double faced neon
N/A
sign
UP651
1960
APPROVED
On -Sale ABC license
N/A
no conditions
6
333 Bayside Drive (333)
OD2007 -001
2007
APPROVED
outdoor dining 636
Outdoor Dining Hours:
no alcohol or
(PA2007 -004)
sq ft
9:00 a.m.- 9:30p.m., daily
amplified music
outside
OD2005 -004
2006
WITHDRAWN
outdoor dining
Outdoor Dining Hours: Sun.
(PA2005 -211)
Thu. 8:00 a.m. -10:00 p.m.,
Fri. & Sat. 8:00 a.m. -11:00
p.m.
SA2004 -012
2004
APPROVED
relocate bar for
Interior Dining Hours: 9:00
(PA2004 -075)
I
interior remodel
a.m. -2:00 a.m.
OD44
1998
APPROVED
outdoor dining
Outdoor Dining Hours: Sun.
Thu. 8:00 a.m. -10:00 p.m.,
Fri. & Sat. 8:00 a.m. -11:00
p.m.
UP3325AI
1995
APPROVED
Open for lunch Mon.
Interior Dining Hours: 9:00
-Sat. at 11:00 a.m.
a.m.-2:00 a.m., daily
and waive shared
parking on a temp.
basis
UP3325A
1991
APPROVED
Saturday lunch
Mon. -Fri. 5:00 p.m. -2:00
background music
hours for private
a.m., Sat. & Sun. 9:00 a.m.-
only
parties
2:00 a.m.
Mariner's Mile Restaurant Hours of Operation and Live Enteratinment /Dancing Limitations
Address /Establishment
Discretionary
Year
Status
Project Description
Hours Approved
Notes
Application
333 Bayside Drive (333)
UP3325
1988
APPROVED
changein
Interior Dining Hours: Mon.
cant...
operational
Sat. 5:00 p.m. -2:00 a.m.,
characteristics to
Sun. 9:00 a.m.-2:00 a.m.
eliminate dancing
and allow live
entertainment for
background music
only with limited
hours of operation
UP3107
1984
APPROVED &
Increase in
Sun. -Thu. 7:00 a.m. -12:00
alcohol and dancing
EXPIRED
occupancy from 105
midnight, Fri. & Sat. 7:00
permitted,
people, revised
a.m. -2:00 a.m.
prerecorded music
hours of operation,
only
and new parking
requirement of 1/42
sq ft of net public
area w/ a
comprehensive
parking plan
V941A
1972
APPROVED
conversion of 7,500
sq ft furniture store
to office use
V941A
1970
DENIED
expand seating from
105 to 182 seats
333 Bayside Drive (333)
V941
1968
APPROVED
parking waiver of 10
cant...
spaces for
development of
adjoining properties