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HomeMy WebLinkAbout07a_China Palace_PA2010-082CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 5, 2010 Meeting Agenda Item 7 SUBJECT: China Palace Use Permit - (PA2010 -082) 2800 W Coast Highway Use Permit No. UP2010 -015 APPLICANT: Yu -Ter Mao PLANNER: Makana Nova, Assistant Planner (949) 644 -3249, mnova @newportbeachca.gov PROJECT SUMMARY The application is for a use permit to allow live entertainment and dancing within an existing full - service eating and drinking establishment with on -sale alcohol service. Required off - street parking for the project will be provided at an off -site parking lot located at 2750 West Coast Highway. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Use Permit No. UP2010 -015 subject to the findings and conditions (Attachment No. PC 1). China Palace Use Permit August 5, 2010 Page 2 VICINITY MAP GENERAL PLAN ZONING CURRENT USE ON -SITE Mixed -Use Horizontal 1 Mariner's Mile Specific Eating and Drinking / \ ht Plan SP -5, RSC Establishment NORTHWEST 3k Mariner's Mile Specific Vehicle Rental Facilities MU -H1 Plan SP -5, RSC SOUTHEAST Mixed -Use Horizontal 1 Mariner's Mile Specific Bank MU -H1 Plan SP -5, RMC NORTHEAST Mixed -Use Horizontal 1 Mariner's Mile Specific Retail Tenants MU -H1 Plan SP -5, RSC Mixed -Use Water Mariner's Mile Specific Eating and Drinking SOUTHWEST Related 1 (MU -W1) Plan (SP -5, RSC) Establishments and Newport Bay M1y GENERAL PLAN ZONING t +r 4f*4 , If If f 4F 4F 4f LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE Mixed -Use Horizontal 1 Mariner's Mile Specific Eating and Drinking MU -H1 Plan SP -5, RSC Establishment NORTHWEST Mixed -Use Horizontal 1 Mariner's Mile Specific Vehicle Rental Facilities MU -H1 Plan SP -5, RSC SOUTHEAST Mixed -Use Horizontal 1 Mariner's Mile Specific Bank MU -H1 Plan SP -5, RMC NORTHEAST Mixed -Use Horizontal 1 Mariner's Mile Specific Retail Tenants MU -H1 Plan SP -5, RSC Mixed -Use Water Mariner's Mile Specific Eating and Drinking SOUTHWEST Related 1 (MU -W1) Plan (SP -5, RSC) Establishments and Newport Bay China Palace Use Permit August 5, 2010 Paqe 3 INTRODUCTION Project Setting The project site at 2800 West Coast Highway is located in the Retail and Service Commercial (RSC) Sub -Area of the Mariner's Mile Specific Plan (SP -5) Zoning District. The project site is located at the northwest corner of West Coast Highway and Riverside Avenue. The subject property is 16,789 square feet (approximately 0.39 acres) in area and has an 18- foot -wide right -of -way dedication to the City of Newport Beach along West Coast Highway. The project site is relatively flat and rectangular in shape, adjacent to retail tenants and vehicle rental facilities and bounded by a bank building across Riverside Avenue, and by eating and drinking establishments across West Coast Highway. The existing development consists of a 5,347 square -foot eating and drinking establishment and surface parking lot with 30 parking spaces, four of which are tandem valet spaces located in the drive aisle. The off -site parking lot, located at 2750 West Coast Highway, is 18,900 square feet (approximately 0.43 a cres) in area and is located on the southeast corner of the intersection of West Coast Highway and Riverside Avenue. The off -site parking location is currently developed with a bank building with a drive -thru teller and 30 off - street parking spaces. Project Description The applicant requests a new use permit to allow live entertainment and dancing from 6:00 p.m. to 2:00 a.m., daily, within an existing full - service eating and drinking establishment that has a Type 47 (On Sale General- Eating Place) Alcoholic Beverage Control license. The proposed dance floor is 200 square feet in area and is located within the existing 2,129- square -foot net public area. The application also includes a Parking Management Program for 30 off - street parking spaces, which will be provided at an off -site lot located at 2750 West Coast Highway. Background The applicant entered into a lease with the property owner of the project site in 1983 to construct the existing eating and drinking establishment, China Palace. Two discretionary applications were approved for the project site: Use Permit No. UP3095 to allow the establishment of an eating and drinking establishment with on -sale alcoholic beverages and Variance No. V1112 to waive 13 of the required parking spaces, which are provided in the Avon Street Municipal Lot at 200 Tustin Avenue. The applicant is required to pay an annual fee under the in -lieu parking ordinance in exchange for the use of these parking spaces, which are intended for use by employees of the eating and drinking establishment. The practice of in -lieu parking has been suspended through for all new uses Citywide. China Palace Use Permit August 5, 2010 Page 4 In January of 2010, the applicant requested Modification Permit No. MD2009 -029 and Accessory Outdoor Dining Permit No. OD2009 -003 (PA2009 -113) to allow the construction of a combination block wall and glass screen -wall necessary to permit a new outdoor dining area. The outdoor dining area encroaches 14 feet into the 18- foot -wide right -of -way dedication area along West Coast Highway. The project is conditioned for the removal of this outdoor dining patio should the City choose to widen West Coast Highway in the future. This application was approved and construction of the outdoor dining area is currently underway. DISCUSSION Analysis Hours of Operation The applicant has requested to maintain the current hours of operation from 11:30 a.m. to 2:00 a.m. Use Permit No. UP3095 does not specify hours of operation for the establishment. However, the 2:00 a.m. closing hour is currently regulated by the Department of Alcoholic Beverage Control (ABC). In accordance with the Alcoholic Beverage Ordinance, the Police Department has reviewed the Use Permit application and has significant concerns with live entertainment and dancing as proposed at the establishment, which currently serves alcoholic beverages. However, the Police Department is not opposed to live entertainment with restrictions on the type of entertainment and hours of operation. The Police Department recommends against allowing dancing under any circumstances as dancing together with live entertainment are consistent with a nightclub business model and would create a burden on police services. Staff is recommending that the Planning Commission limit the hours of operation for the establishment from 11:30 a.m. to 12:00 midnight to reduce the burden on police services and ensure that the establishment remains a restaurant and does not convert to a nightclub. The Police Department is recommending limiting live entertainment to a maximum of five performers and no amplified music or entertainment. Planning staff is of the opinion that the conditions prohibiting dancing, restricting the type of entertainment, and limiting the hours of operation are sufficient to ensure that the establishment does not become a nightclub. In addition, the Police Department has recommended conditions of approval that include a requirement for a security plan, licensed security personnel when live entertainment is provided, and employee training in the service of alcoholic beverages. These conditions have been incorporated into the draft resolution (Attachment PC 1). Parking for the increased intensity of the establishment is only provided after 6:00 p.m. Therefore, staff is recommending that the hours of operation for live entertainment and dancing be limited from 6:00 p.m. to 12:00 midnight. China Palace Use Permit August 5, 2010 Page 5 Live Entertainment and Dancing The project plans show that the live entertainment area occupies 200 square feet of floor area (Attachment No. PC 2). An amendment to the approved use permit would be required for an increase in size beyond 200 square feet. Per Section 5.28.020 of the Municipal Code, no person or entity shall operate, or engage in, any business or commercial enterprise which provides entertainment in a restaurant, cafe, night club, bar, coffee house, or other place of entertainment, unless such person has first obtained a Live Entertainment Permit. The project has been conditioned to require the applicant obtain a Live Entertainment Permit prior to the issuance of building permits for the occupancy change of the establishment. Parking The current parking requirement for China Palace is one parking space per 50 square feet of net public area. China Palace has a net public area of 2,129 square feet, which results in a parking demand of 43 off - street parking spaces. The existing Variance and Use Permit waived 13 on -site parking spaces (provided in the municipal parking lot on Avon Street) and 30 parking spaces are provided on -site. Four of the 30 parking spaces provided on -site were approved with valet service, which is not currently utilized. The applicant will be required to provide valet parking on -site in compliance with the conditions of approval for Use Permit No. UP3095. The Public Works Department is recommending the provision of valet parking on -site to ensure that adequate access to all of the parking spaces is maintained for patrons of the eating and drinking establishment. The addition of live entertainment will result in an increased parking demand. Staff recommends a revised parking requirement of one parking space per 35 square feet of net public area when live entertainment is provided to accommodate the use. Under the proposed project, the net floor area of the eating and drinking establishment will remain the same; therefore, the increased parking ratio would result in a parking requirement of 61 off - street parking spaces. The proposed off -site parking will provide 30 parking spaces in the parking lot located at 2750 West Coast Highway after 6:00 p.m., daily. Therefore, a total of 73 parking spaces (including the 13 municipal spaces for employees) will be provided for the establishment after 6:00 p.m. The parking demand based on the new uses for the subject property will result in an overall surplus of 12 parking spaces. Because the required parking can be provided after 6:00 p.m. without the four tandem valet parking spaces, valet parking spaces will not be required after this time. China Palace Use Permit August 5, 2010 Page 6 Parking Management Program Due to the additional parking demand for the project site, a Parking Management Program is required to address the use of the off -site parking lot for 30 off -site parking spaces provided at 2750 West Coast Highway. The Parking Management Program outlines the parking requirements as discussed above and is provided as Attachment No. PC 3. General Plan /CLUP The Land Use Element of the General Plan and the Coastal Land Use Plan (CLUP) designate the site and the adjacent properties as Mixed Use Horizontal (MU -H1 and MU -H, respectively). Both the Land Use Element and CLUP call for parcels on the inland side of Coast Highway, generally between Riverside Avenue and the southerly projection of Irvine Avenue, to evolve as a pedestrian- oriented mixed -use "village" containing retail businesses, offices, services, and housing. Those inland properties directly fronting onto Coast Highway are to be developed with highway - oriented general commercial uses. 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. Due to the potential addition of residential units in the vicinity of the project site, staff is recommending conditions to regulate parking, trash, and site maintenance, and to limit the hours of operation so that the establishment closes 12:00 midnight. 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 complies with the maximum FAR permitted by the General Plan and the proportional FAR designated for commercial uses. According to the California Coastal Act, a coastal development permit is required when any improvement to a structure changes the intensity of use of the structure. The condition of approval provided in the draft resolution (Attachment PC 1) requires the applicant to obtain a letter from the Coastal Commission waiving the requirement for a coastal development permit or alternatively, obtain a coastal development permit prior to the issuance of building permits. Required Findings Section 20.91.035(A) of the Zoning Code (Required Findings) requires certain findings to be made in order to approve a use permit. The required findings and facts in support of the findings are in the attached draft resolution (Attachment PC 1). China Palace Use Permit August 5, 2010 Page 7 Summary Staff recommends Planning Commission adopt the draft resolution recommending City Council adoption of Use Permit No. UP2010 -015 (PA2010 -082) approving live entertainment and denying the applicant's request for dancing at the subject property subject to the conditions of approval (Attachment PC 1). Alternatives The Planning Commission may approve the draft resolution and recommend City Council approval of the proposed project as requested, approve a revised project, continue the item, or deny the application. Should the Planning Commission choose to approve a revised project, staff will return with a revised resolution incorporating new findings and /or conditions. Environmental Review The project is categorically exempt under Section 3, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). 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. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: MakaAa N va, Assistant Planner ATTACHMENTS Submitted by: E: M—-I PC 1 Draft Resolution with Findings and Conditions PC 2 Project Plans PC 3 Parking Management Program PC 4 Site Photos F: \Users \PAN \Shared \PA's \PAs - 2010 \PA2010 - 082 \UP2010 -015 PC Rpt.doc Attachment ent N ®o PC 1 Draft Resolution with Findings and Conditions 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, and to limit the hours of operation so that the establishment closes 12:00 midnight. 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: 04 114/10 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_ C -1. The proposed use complies with the development standards for the SP -5 (Mariner's Mile Specific Plan) District. The proposed 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. C -2. The hours of operation have been conditioned to limit live entertainment at the establishment from 5:00 p.m. to 12:00 midnight. The hours of operation for the establishment are 11:30 a.m. to 12:00 midnight, 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. _ Page 6 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING 1. 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 11:30 a.m. to 12:00 midnight, daily. 5. Live entertainment shall be permitted at the subject property from 6:00 p.m. to 12:00 midnight. 6. Dancing shall be prohibited at the subject property. 7. The area provided for live entertainment shall not exceed 200 square feet. 8. 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, tavem, cocktail lounge, or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 12. Live entertainment shall be limited to no more than five performers at any time. No amplified music or entertainment shall be permitted. Tmplt: 04/14/10 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. 25. 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 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 project site. 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 UP30951 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 UP30951 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. (COA 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: 04/14110 Between the hours of TOOAM and 10:OOPM Between the hours of 10 :00PM and TODAM 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 I 45dBA 60dBA 45dBA 50dBA Commercial Property I 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 project site. 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 UP30951 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 UP30951 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. (COA 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: 04/14110 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). 36. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., 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 47. 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, Tmplt: 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. 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. iCOA 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 UP30951 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 for project lavatories and other water -using facilities. [COA UP3095] Public Works Conditions 60. A minimum of one parking space per 50 square feet of "net public area' shall be provided for the restaurant use from 11:00 a.m. until 6:00 p.m. and that a maximum of 13 of the required restaurant parking spaces may be located in the Mariner's Mile Municipal parking lot. [COA UP3095] 61. A total of 26 parking spaces shall be provided on -site for the full- service eating and drinking establishment during operating hours from 6:00 p.m. to 12 :00 midnight. 62. A total of 30 parking spaces shall be provided in the off -site parking lot located at 2750 West Coast Highway from 6:00 p.m. to 12:00 midnight. Should the bank extend its hours of operation beyond 6:00 p.m. or the property owner of 2750 West Coast Tmplt: 04/14/10 Planning Commission Resolution No. _ Page 12 of 13 Highway terminate the parking offered to 2800 West Coast Highway, the live entertainment at the subject property shall be invalidated unless adequate off - street parking can be obtained for the subject property. 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 be proposed. In the event the required 30 off -site parking spaces are no longer available for the use of the restaurant, and alternative off -site parking acceptable to the Planning Director is not provided, the accessory live entertainment at the restaurant shall no longer be permitted. 64. Valet parking is not permitted at 2750 West Coast Highway. If valet parking is proposed at the off -site parking location, the application shall submit a new valet operation plan. 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 and direct patrons to use to utilize nearby crosswalks. 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 UP30951 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 iVo. Page 13 of 13 74. The signage for take -out parking in the ADA access pathway shall be removed. 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 UP30951 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. jCOA UP3095] 78. That the future street area be landscaped and maintained by the Applicant until such time as it is needed for street purposes. [COA UP3095] 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 UP3095] 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 UP3095] Tmplt 04/14/10 1, Mtachment No. PC 2 'I-, Project Plans BUILDING DB - NJCFSICRES TiPECf CIXCSt(AVTCN ., � F_- EUSTY.G,JIPARNAG$PACE60!] OJJhAlT�WP. _ _ FFEYP \'r1F3Y h0 ___ ___ _�� ' 5`IE$CN t.i PAIi.CE FER+;P tiYiS FRFµA5Y N'] " —'-1 J , m. ..- PROPOEEO PATIO 1 AREA SUMMARY FOR CHINA _P_ALACE RESTAURANT JII - .-.. E.Si OETTIIAPA1411NISTAVPA"R P., ARE, I.,.IF •I 1— Bryant Palmer Soto Inc. f )) LJ 13 CfF5 iEP R+]IJ6PERlIRbPACE31rilNE E+I611r°fiV:LplJ a, SJI]SF jLC'2PA:1jl " a. ARER511LE ArV`,C PTL IINUN I° TI `Ix ts..r ARNNDIDT PER UP W9. 1 I J 5 E ] B 9 10 11 12 IT j I ARFRamnerPVBLKARbt z.IrsF j Li 5 -25 -10 R °POSEOLDCATIO OF VIII N° IPIDSCAP.NG, }6J54 t O STEPARMNGLOL 2p55f. I o96PADE J8SF. I 1 China Palace Patio 2IST\ PPG IcL AITH Y \ £ IIIT NO.11104Y/JRERS SV SF, }9]9 $F c Ii89: I {J 1 E%ISTN:G ONSRE PRRI(NIG LOL PFR USEPEfl11R Ip 39i> ' ) E%ISi Np PALI1JC', 8.JG 61 y,An I J90NSIIESPALES China Palace Restaurant F�'iA �F°Y2. PULryNG, SXO $F I5J1] -Eil I 2800 W Pacific Coast Hwy. i ! PRET1. olAFTEIOROI:NC R i Newport Beach �2 a )( Y }�•;,' t ETPreuc ): azs n ° FROP05EO OUTDOOR PATIO, ... I. Ia]$ ♦ 5323 F. ACLESEO(tV OUI000R Dl:NG) 1 tS. PROPOSE°W.OSCAPING KIM 6E I Po4 3F PROPOEIEDN. SEDPWJTERI I4'0 FIRE FE:TURE 453 SF zr'n3ST TIT, z1 2J T i i IT I 'a n +a 19 x zz n ze f V i - -yid 1. ALLV.ORI(TOC 1- PLI.TN 2 tl]C.4iFOwIABVLOItIGLODE3 Edr:.UT COVPA:T TT U:DTIlLE2J2 UFM?i!AENERGYEFFlCJENCY$TAN S t/5 �• �" F -"t Uy A� '4u.✓ 2 NWi41W1 °CCUPNRSNALLSEPD$TEDNIEACNtiNN° E\iAR1NGAREAPFRLBCIDNO J y $ OCCUPAIRLOPDPERTABDRO, I �. - ....... .- ,�`_. :„" _ ,...._.. ... ....:. .. } i >'a t2 y P PATIOPAEA IXIIOC°Rp118 NO AREA4 MLN01FLtEO SFA °66Ai A)20eOOP ;;5 -NO { F�r9n91 ip¢r PROPO 'ED fi11S'M tJ -. (( I NON�UARFAS. NSF I+W - 5 CACKTAIL BAR RI T A ,f.r ST J BF. /B a 6- SEE FOOD SFRV.CE PWI$ 1Et Rp•1E• 6TCAAGF: Ra3F IDET -J oI E I) t- RFAIOYE j{ usI KITCHEN: I3$9311=w ] of / E)BDOLILS E)FRE T jL 1 w TOTAL°CCLRANT LOAD', 191 .^- 4 NR500 FXRNGNSXER 4 TAO EXITS MOORED AND PROADEDAL ]JAN VJR4KE AND bd FYll' ( t'.V IXXiI1ER t•iTl .. - �n °� - 1 P.vrcnxRdv.LREPER Cfic IDxi!s ) VICINITYMAPIAERIALPHOTOGRAPH IT / 4 6TA DN Rp.� T'I R 1 YT �1 5r NOTTOSME y�s�l �' =-]�f- l ' 1 w IE/eoom4 ( PODPAIR OF - \ PATIO AREA SUMMARY FOR CHINA PALACE RESTAVRANT , l 1.1 °'� �1 ._. _.. _... ... .... -- HORS @IEIOLAS$ I J t(/ % ♦rc LEI SUSHI -•�/ i ' ZIn S. F.I.ETW9LWAREAPFRU$EPEMNTN03'95 / elm .V26 F.4 OATOPAnOMEAPER25 %OFORO'NiLNPA �6F p) %TJSF,000n1 PR°ffCnONS REAIOVEp FROM INIFAIOR NPp n t >, J ' U., PATKT F .UO.tED R)IODIn {\ / I w i INTERIOR DINING OCCUPPNT LOAD -140 I)NOTE ALCESSORIOUIO'JORDNiNJ3F DT.: 00X49dJS x ppPR0VED"W10 RFJJO'/ESDWTNSQZ 1 4 1 i4`. 1 _ '� Q NOTE E,-v.F W PUBVC OVONFOI L.F. GIPZEDFRONFWA P -'FJ 6F:BOOM PROJECnON9I h I„ -:='• TRAtJSFERRED30rNEALLaSFD PAnoAAEA cuss ENttoSIME i E %TERIOR DI INOO GUP TLO D'A] I i 1 FlREPEATURE (N)PWnERPAFA E i.. G� (EI OVEFIJP 5 ' J.Q 6191 UOOTR I INk., (E)WEE" PAIAV I `P U'*�� ('ia 4 ._. FI r� eApOMPWtCREEN W /GS IYWDAEN y. PROMOR,QW N11hWU9 lE)6°FFlI.REIIJT I °RFAI PIN SIEEL OR/LLUIINV!A1,01NO (E)01lSS YOREAINN 1 (EIOVEEN Pi1A13BEY0 \D OFISEINEEEATULENOTI (E)TV,UL OFTHEFlREFEATURE -- fMCgK'RETESLPB AI JY PBOVETHEFlMSNEO REYIALE Eg3nNG 0US9 FLOOROPINa PATIO VIRN NEW SINGLE PMF E%ISi1110B1°EV /A1K CLEDRTMNS0V °IA66 a (E)GMDE \ • -• AIARDNOTDR- 1.19 •.. - .... - •... .•• - - .• ...- WAX(R)SHOO -083 Z t IN.U41STOREFROM6Y.10" IIq OLAB3 t.NE EE1'OND \ 4 i- 2R1`.6 3 _.. ........ ....— ....... —OV .. IMJ ¢]`-a 6A NLEPANE ❑❑ '%j =b ;`r1 1 !w, SFg CLEPR OV3.4 DOORS IN PLUlI FPALrE - ' ' 3 SURTJOEMPERE °OIA53 \ f '• V_J 4 ? ;Ir. A OF o1THt. 1.19 v t5r -.Zn BUFL JDI`Jl W /SIIlC0.YE "n, T1, " A (R15HDO =OaJ II'A IE)PVuttERW"'I RENOVE° P A C T F I C C 0 A S T H W Y EWERTAINMENTI (M IAETALGIA66 SN°E _ = t( IE)L °^� °E'"°`F° PLAN VIEW OANCNGAREA Tc 200S. . WRN SNOOINPtA$TER \ f.fl (J '..0 300 MATCH ER PA BEIG NT. ET ° \ ! _ REA EIOSTNG BUIIdNO - ---� EASTN° Q \ \\ s h]T, flRE FEANRE 0.EA \ �; siWOTNPlA5TFR1YPtt % �; :. C) \ ,T�j1r' ,YIGLA36 \•l ND6LREFN '.R �. a \ PROPOSED SVSNIPR FPARAtNNJI • P / l BACREARAREp IE)SUSBFNLTI In : c. of __• __ %.i -_. L MIT s£E SIaET F6-1 - (EIOVEENPPL.16 III II \ 1 _ I WEST ELEVATION G ENTERTAINMENT AREA 4' -O" 3'A" it' 3' `I $GALE tA' =1'4' w�LANDEI FlRE WTDOORIXNNO WOR 1' =IO'-0' _. O 'PAI. PATIOAREA 315TN0 CROSS SECTION @ PATIO PA2010 -082 for UP2010 -015 1 of 1 ve••rn wrxaeDeexoccessoavoWQIMRMN0KRam: ooza»<w 2800 W CCt13t Highway dS!OCIlCA1KAl PFAVJT: A%90t3 China Pala:: o i .. k jT, - ?;, . (E)SEA1IN G 1 I I P OF 1 ` 'iIi'!�� ... t _ M( N RACK B;�,F; i 29• ..... -29 SF Id , -;f SF'l) j Y'n PATIO AREA SUMMARY FOR CHINA PALACE RESTAURANT 2,129 S.F. NET PUBLIC AREA PER USE PERMIT NO. 3005 532 S.F. ALLOWED PATIO AREA PER 25% OF ORIGINAL N.P.A. 10 + 87 S.F. (3) x 29 S.F. BOOTH PROJECTIONS REMOVED FROM INTERIOR N.PA. ❑2 619S.F. PATIO AREA ALLOWED 9❑ NOTE: ACCESSORY OUTDOOR DINING PERMIT: OD 2009 -003 APPROVED 117/2010 �2 NOTE: EXISTING "NET PUBLIC AREA" OF 87 S.F. (3 - 29 S.F. BOOTH PROJECTIONS) TRANSFERRED TO THE ALLOWED PATIO AREA Nev` (i19SF `h. �e Hr 1 (E) "a I0RA _ (E) RSII TANK ......... 3- , E, TAG, *: I TOIL[ GiRY _/ ;VWMT1RS SIA 1 , LINE 0-F NET PUBLIC AREA (TYP.) I REMOVE (E) SUSHI BAR I = FIRE FEATURE W1 ROCK BED (E)SEA1IN G 1 I I P OF 1 ` 'iIi'!�� ... t _ M( N RACK B;�,F; i 29• ..... -29 SF Id , -;f SF'l) j Y'n PATIO AREA SUMMARY FOR CHINA PALACE RESTAURANT 2,129 S.F. NET PUBLIC AREA PER USE PERMIT NO. 3005 532 S.F. ALLOWED PATIO AREA PER 25% OF ORIGINAL N.P.A. 10 + 87 S.F. (3) x 29 S.F. BOOTH PROJECTIONS REMOVED FROM INTERIOR N.PA. ❑2 619S.F. PATIO AREA ALLOWED 9❑ NOTE: ACCESSORY OUTDOOR DINING PERMIT: OD 2009 -003 APPROVED 117/2010 �2 NOTE: EXISTING "NET PUBLIC AREA" OF 87 S.F. (3 - 29 S.F. BOOTH PROJECTIONS) TRANSFERRED TO THE ALLOWED PATIO AREA Nev` (i19SF `h. �e Hr 1 (E) "a I0RA _ (E) RSII TANK ......... 3- , E, TAG, *: I TOIL[ GiRY _/ ;VWMT1RS SIA 1 , LINE 0-F NET PUBLIC AREA (TYP.) I REMOVE (E) SUSHI BAR I I 'OFi•,GE Bryant Palmer Soto Inc. Neil Stanton Palmer ARCHITECTS/ Jack K. Bryant ENGINEERS 2EO1 NPOn Drive, Snte 31 phane: (310) 3 91 I TeleP F.:(310) 3258711 Fax: (310) 325-02]1 5 -25 -10 i China Palace Net Public Area & Furniture Layout Exhibit China Palace Restaurant 2800 W Pacific Coast Hwy. Newport Beach I 4 i\ 11 j Total Net Public Area: 2,042 S.F. PROPOSED INTERIOR NET PUBLIC AREA & FURNITURE LAYOUT EXHIBIT 1of1 SCALE: 1" = 10' -0" PA 2009 -113 FOR ILLUSTRATION PURPOSES ONLY I = FIRE FEATURE W1 ROCK BED It III - SMOOTH PLASTER WALL 'Illt L.. -..— , i W/ GLASS WINDSCREEN '� : ICI { \i S•�e,. t IIIi �r (E) SIGN - HIBISCUS HEDGE (E) BUS BENCH - EXISTING CURB FACE - ... I I I 'OFi•,GE Bryant Palmer Soto Inc. Neil Stanton Palmer ARCHITECTS/ Jack K. Bryant ENGINEERS 2EO1 NPOn Drive, Snte 31 phane: (310) 3 91 I TeleP F.:(310) 3258711 Fax: (310) 325-02]1 5 -25 -10 i China Palace Net Public Area & Furniture Layout Exhibit China Palace Restaurant 2800 W Pacific Coast Hwy. Newport Beach I 4 i\ 11 j Total Net Public Area: 2,042 S.F. PROPOSED INTERIOR NET PUBLIC AREA & FURNITURE LAYOUT EXHIBIT 1of1 SCALE: 1" = 10' -0" PA 2009 -113 FOR ILLUSTRATION PURPOSES ONLY Attachment No. PC 3 Parking Management Program Parking Management Program 2800 West Coast Highway China Palace July 21, 2010 The following Parking Management Program for China Palace, located at 2800 West Coast Highway, is provided per Section 20.66.100 (Modification or Waiver of Off- Street Parking Requirements) of the Zoning Code. The Parking Management Program will employ the following management mechanisms to mitigate impacts associated with a modification of the off - street parking spaces as required by Chapter 20.66 of the Zoning Code: Off -Site Parking 30 off -site parking spaces will be provided at 2750 West Coast Highway. The use of the off -site parking spaces will be off -set by the businesses which utilize them (the bank at 2750 West Coast Highway and the subject establishment, China Palace, located at 2800 West Coast Highway). The property owner of 2750 West Coast Highway may terminate this arrangement at any time. 2800 West Coast Highway's use of these spaces shall no longer be valid if the tenant at 2750 West Coast Highway expands their operation hours later than 6:00 p.m. The applicant shall provide signage at 2750 West Coast Highway indicating that overnight parking is not permitted at the off -site parking lot and vehicles will be subject to tow if left overnight. Municipal Parking Spaces • 13 employee parking spaces are provided off -site at the municipal parking lot on Avon Street. The applicant shall pay in -lieu fees to the City for these spaces on an annual basis. On -Site Parking and Valet Service • Valet service is required on -site during operating hours from 11:00 a.m. to 6:00 p.m. to ensure that all 30 parking spaces provided on -site are accessible for customers of the eating and drinking establishment. Valet parking is not permitted at the off -site location. • Valet service shall not impact the public right -of -way. Vehicle staging, drop -off, and pick -up shall occur on -site only. • The applicant shall discourage patrons from crossing Riverside Avenue at mid -block locations and shall direct patrons to utilize nearby crosswalks. • The applicant shall provide signage on -site indicating the location of additional parking available at the off -site parking lot. • The signage for take -out service parking shall be removed from the ADA access pathway near the entrance to the establishment. 4, L t a c h m,max n' No. C 4 Site Photos