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HomeMy WebLinkAbout07-d_Additional_Materials_Received_At_MeetingMariner's Mile Restaurant Hours of Operation and Live Enteratinment /Dancing Limitations Address /Establishment Discretionary Permit Limitations On Restaurant Operation 1 A Restaurant no hours of operation specified by discretionary permit approvals outdoor dining closes at 10:00 p.m., daily live enteratinment or dancing not specified by use permit alcohol served use was established prior to the requirement for a use permit 2 3131 West Coast Highway no hours of operation specified by discretionary permit approvals (Villa Nova) live enteratinment or dancing not specified by use permit alcohol served most recent approved use permit is from 1962 3 2751 West Coast Highway interior dining closes at 2:00 a.m. (Billy's By the Beach) outdoor dining closes at 12:00 midnight on Fri. & Sat. outdoor dining closes at 10:00 p.m. on Sun. -Thu. live entertainment (piano in lounge and dining area) no live entertainment, dancing, or alcohol outside alcohol served inside most recent approved use permit is from 2000 4 2801 West Coast Highway interior dining closes at 2:00 a.m. (Charthouse) outdoor dining closes at 12:00 midnight on Fri. & Sat. outdoor dining closes at 10:00 p.m. on Sun. -Thu. live entertainment is not specified by use permit no live entertainment, dancing, or alcohol outside alcohol served most recent use permit approval is from 1986 5 2735 West Coast Highway interior dining hours are not specified by use permit (The Rusty Pelican) outdoor dining closes at 9:30 p.m., daily live entertainment permitted inside only, limited to second floor? alcohol served most recent use permit approval is from 1987 6 2633 West Coast Highway interior dining closes at 2:00 a.m. (Shamrock's) live entertainment, no dancing, 9:00 p.m.- 1:OOa.m., daily alcohol served most recent approved use permit is from 1997 7 2607 West Coast Highway interior dining closes at 10:30 p.m. Sun. -Thu. (Joe's Crab Shack) interior dining closes at 11:30 p.m. Sat. & Sun. live entertainment 11:00 a.m. -10:00 p.m. alcohol served most recent use permit approval is from 1989 8 2332 West Coast Highway interior dining closes at 2:00 a.m., daily (Garlic Joe's) outdoor dining has been dicsontinued live ent., 3 -4 pc. calypso group on weekends, 3 pc. group nightly alcohol served most recent use permit approval is from 1981 9 251 East Coast Highway (Sol interior dining hours are not specified by use permit Restaurant) outdoor dining closes at 12:00 midnight alcohol served live enteratinment or dancing not specified by use permit most recent use permit approval is from 1960 10 333 Bayside Drive (333) interior dining closes at 2:00 a.m., daily outdoor dining closes at 9:30 p.m., daily only background music permitted alcohol served inside most recent use permit approval is from 1995 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 oVLot F, Tract No. 09, 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 ;regyA approval of a use permit to allow live entertainment and dancing within :a existing fulkservice, eating and drinking establishment with on -sale alcohol service wifh,,,off- street parking`'at`an off -site parking lot located at 2750 West Coast Highway. ; 3. The subject property is located within'Jhe,Retail and Service Commercial land sub -area of�'the,Mariner's Mile`Specific Plan (SP -5) Zoning District and the General Plan Land Use ,s Elem. nt.category ;3' � is Mi ed -Use Horizontal 1 (MU -1-11). F'b 4. The subject'lproperty is Igcated 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. _ 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 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 an.d'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 Z; -.11,( A Ii.::: Planning Commission Resolution No. _ Pace 3 of 13 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 1 (MU -1-11). 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 thedistrict. 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 complies with the maximum FAR permitted by the General Plan. Tmplt: 04 /14/10 Lfr: . Planning Commission Resolution No. _ Page 4 of 13 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 6:00 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. i Tmpit: 04/14/10: Planning Commission Resolution No. _ Page 5 of 13 PASSED, APPROVED AND ADOPTED THIS 5th DAY OF AUGUST, 2010. AYES: NOES: ._._ABSTAIN:... ABSENT: BY: L_ Earl McDaniel, Chairman Michael Toerge, Secretary Tmplt: 04/14/10 Planning Commission Resolution No. _ Page 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 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 owner's, 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 limited to no more than five performers at any time. No amplified music or entertainment shall be permitted. Tmplt: 04 114110 Planning Commission Resolution No. _ o.,.... 7 .,F 44 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 must 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 frequeritly than on a quarterly 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 issuedtiy`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:04/14/10�• + -� ' Planning Commission Resolution No. Page 8 of 13 24. Live "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 UP30951 28. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall.be. regularly trimmed and kept in healthy condition. [COA UP3095] 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. oonceal 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 UP3095] 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 7:00AM and 10:OOPM Between the hours of 10:OOPM and 7:00AM 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 50clBA 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 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 UP30951 28. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall.be. regularly trimmed and kept in healthy condition. [COA UP3095] 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. oonceal 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 UP3095] 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). 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: 04/14/16: 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, attorneys 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 UP30951 49. Thaf prior to the issuance of building permits, the Fire Department shall review the proposed'plans and may require automatic fire sprinkler protection. [COA UP3095] 50. The landscape plan shall place heavy emphasis on fire- retardant vegetation. [COA UP3095j 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 td`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 04114/16. 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. [COA UP3095] 55. Fugitive dust emissions during demolition and construction shall be minimized by wafering 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 'UP3095] 56. A' washout area for the restaurant trash to assure direct drainage into the sew drains. [COA UP3095] containers shall be provided in such a way as ,r system and not into the Bay or the storm 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 _'rrminimum 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. As a condition precedent to the Applicant conducting operations under Use Permit No. UP201,0- 015(PA2010 -082), the Applicant shall obtain the Planning Director's approval of 'a written lease agreement between the Applicant (as lessee) and the owner of the Tmplt: 04114/10 Planning Commission Resolution No. Page 12 of 13 property located at 2750 West Coast Highway (as lessor) providing parking for thirty (30) cars. If at any time the bank, located at 2750 West Coast Highway, extends its hours of operation beyond 6:00 p.m., or if Applicant's possession of the parking lot is terminated, or if the lease is terminated for any reason, then all rights of Applicant to operate under the above - referenced Use Permit shall immediately terminate until replacement off -site parking, acceptable to the Planning Director, is obtained for the subject. property. 63. Valet parking is not permitted at 2750 West Coast Highway. If valet parking is proposed at the off -site parking location, the applicant shall submit a new valet operation plan. 64. Six compact parking spaces shall be permitted within the on -site parking area. [COA UP3095] 65. 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. 66. 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 UP3095] 67. 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. [COA UP3095] 68. The applicant shall discourage patrons from crossing Riverside Avenue at mid -block locations and direct patrons to use to utilize nearby crosswalks. 69. 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] 70. That all improvements be constructed as required by ordinance and the Public Works Department. 71. 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 parkin in the municipal lot. [COA UP3095] 72. That employees of the restaurant shall be required to park in the municipal parking lot. [COA UP3095] 73. The;signage for take -out parking in the ADA access pathway shall be removed. Tmpll: 04/14/10 Planning Commission Resolution No. _ ,,,.... 74. 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] 75. That the applicant's leasehold interest to a 19 -foot by 19 -foot -45 degree corner cutoff at the northwesterly corner of Riverside Avenue and West Coast Highway 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 corner cutoff. [COA UP3095] 76. 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 corner cutoff, reducing the size of the parcel. [COA UP3095] 77. That the future street area be landscaped and maintained by the Applicant until such time as it is needed for street purposes. [COA UP3095] 78. 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] 79. That_'street and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. [COA UP30951 80. 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 - ,V F7 -'