HomeMy WebLinkAbout2014-53 - Upholding the Planning Commission's Approval of Conditional Use Permit No. UP2013-021 for an Eating and Drinking with Late Hours of Opertation at 215 Riverside Avenue (PA2013-203)RESOLUTION NO. 2014 -53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF
CONDITIONAL USE PERMIT NO. UP2013 -021 FOR AN EATING AND
DRINKING ESTABLISHMENT WITH LATE HOURS OF OPERATION AT
215 RIVERSIDE AVENUE (PA2013 -203)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Jeff Hall, representing 217 Riverside Ave Merchants, with
respect to property located at 215 Riverside Avenue, and legally described as Lot D of
Tract 919, including a portion of the abandoned street adjacent, requesting approval of a
conditional use permit for the expansion of an existing restaurant.
2. The applicant requests an amendment to Use Permit No. UP1677 (Amended),
remodeling the existing restaurant currently operating with a Type 47 (On -Sale
General) Alcoholic Beverage Control license, adding an outdoor dining patio, and
extending service to include late hours of operation (after 11:00 p.m.). Also included is
a request to waive a portion of the required parking and approve a parking
management program authorizing off -site parking, annual parking passes for
employees, and valet parking.
3. The subject property is located within the Commercial General (CG) Zoning District and
the General Plan Land Use Element category is General Commercial (CG).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is General Commercial (CG -B).
5. At a noticed public hearing held on May 8, 2014, the Planning Commission considered
the application, plans, and written and oral evidence presented at this meeting, and
approved Use Permit No. UP2013 -021 based on the findings and conditions of approval
in Planning Commission Resolution No. 1943.
6. On May 22, 2014, the Planning Commission's decision to approve Use Permit No.
UP2014 -021 was appealed by Jack Staub and Jade Tran, homeowners at 2911 Cliff
Drive. The appeal was filed to review the authorized hours for late night activities and
parking area.
7. The City Council held a public hearing on June 24, 2014, in the City Hall Council
Chambers, 100 Civic Center Drive Newport Beach California. The City Council
considered evidence, both written and oral presented at this meeting, and affirmed and
upheld the Planning Commission's decision and approved Use Permit No. UP2014-
021.
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8. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo,"
meaning that it is a new hearing and the decision being appealed has no force or
effect as of the date the call for review was filed.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project is categorically exempt pursuant to the State CEQA (California
Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing
Facilities)
2. The proposed project involves the minor alteration of an existing structure. The
additional area associated with the outdoor dining patio consists of 990 square feet,
which is well within the thresholds identified in CEQA Guidelines Section 15301.
Therefore, the interior use and outdoor dining patio qualify for a categorical exemption
under Class 1.
SECTION 3. REQUIRED FINDINGS.
Pursuant to Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit
Requirements) of the Newport Beach Municipal Code, eating and drinking establishments
classified as Food Service, Late Hours, require the approval of a conditional use permit within
the Commercial General (CG) Zoning District. The existing establishment operates pursuant to
Use Permit No. UP1677 (as amended September 11, 1989). The requested extension in the
hours of operation, addition of an outdoor dining patio, and new bar are considered substantial
changes in operation that require an amendment to the existing conditional use permit.
In accordance with Section 20.48.030 (Alcohol Sales), the City Council must make the
following finding for approval of a new alcoholic beverage license:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of
the Newport Beach Municipal Code.
Facts in Support of Finding:
The project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code is maintained
and that a healthy environment for residents and businesses is preserved. While the
proposed establishment is located in an area which has a higher concentration of
alcohol licenses than some areas, the restaurant is appropriate since the existing Type
47 license is already included within the statistics provided and the use permit would
acknowledge the existing license type. The subject property's location in relationship to
residential zoning districts, day care centers, hospitals, park facilities, places of worship,
schools, other similar uses and uses that attract minors have been considered.
Operational conditions of approval recommended by the Police Department relative to
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hours of operation, the sale of alcoholic beverages, including an Operator License will
ensure compatibility with the surrounding uses and minimize alcohol related impacts.
2. The subject property is located in an area with a variety of land uses including
commercial, retail, residential, and coastal resources. The operational characteristics
have been conditioned to maintain the compatibility of the proposed use with
surrounding land uses.
In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings
are set forth:
B. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The expanded eating and drinking establishment with late hours and alcoholic
beverage service is consistent with the General Commercial (CG) land use
designation of the General Plan.
2. The CG designation is intended to provide for a wide variety of commercial activities
oriented primarily to serve local or regional needs. Food Service uses are expected to
be found in this area and are complementary to the surrounding commercial and
residential uses.
3. The project site is not located within a Specific Plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. Eating and drinking establishments classified as Food Service, Late -Hours require the
approval of a conditional use permit within the Commercial General (CG) Zoning District.
2. As conditioned, the proposed project will comply with Newport Beach Municipal Code
standards for eating and drinking establishments.
3. The restaurant, outdoor patio, parking management program, and proposed exterior
improvements are consistent with the Mariners' Mile Strategic Vision and Design
Framework. The renovation of the existing restaurant will support local establishments
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in the Mariners' Village core, improve the pedestrian streetscape, and make more
efficient use of available parking in the vicinity.
4. Pursuant to Chapter 5.25, an amendment to a use permit requires the operator of the
establishment to secure an Operator License from the Police Department to maintain
operating hours beyond 11:00 p.m. This requirement is included in the conditions of
approval.
Findinq:
D. The design, location, size, operating characteristics of the use are compatible with the
allowed uses in the vicinity.
Facts in Support of Finding:
1. Adequate parking is provided for the restaurant during all hours of operation as
designated in the parking management program. A minimum of six parking spaces are
provided for the restaurant's use at the off -site parking lot located across Riverside
Avenue from the property at 2660 Avon Street. Public parking also exists in the
municipal parking lot at 200 Tustin Avenue, which will accommodate employee parking
through the purchase of annual parking passes.
2. The use of the off -site parking with optional valet service reduces any congestion
created by restaurant patrons looking for parking and ensures greater usage of the off -
site parking facility.
3. The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages include the closure of the outdoor dining
patio by 10:30. p.m. will promote compatibility with the surrounding uses by minimizing
alcohol related impacts.
4. The conditions of approval include the requirement that the exterior windows and
doors of the facility be closed after 10:00 p.m. will minimize sound emanating from the
property and causing disturbances to residential land uses in the vicinity.
5. Because the conditions of approval prohibit live entertainment and dancing; require
that the restaurant close by 11:00 p.m. Sunday through Thursday and by 12:00
midnight on Fridays and Saturdays; and, use of the outdoor dining patio after 10:30
p.m. is prohibited, no disturbance to adjacent residential uses is anticipated.
6. The proposed use will not necessitate high levels of lighting or illumination and all
outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070
(Outdoor Lighting).
7. Existing trash storage for the restaurant is provided within a trash enclosure along
Riverside Avenue. The trash enclosure will be modified to provide a solid decorative
roof cover in compliance with Newport Beach Municipal Code standards for solid
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waste and recyclable materials storage. The requested changes to the restaurant
operation are not expected to result in an increase in trash collection activities. A
condition of approval has been included requiring the trash to be kept within the trash
enclosure, except during collection.
8. This is an existing restaurant location and is compatible with other commercial uses in
the area. The restaurant also serves as an important visitor- serving use that benefits
the area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal
Act.
Finding:
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. Adequate public and emergency vehicle access, public services, and utilities exist for
the site.
2. The design of the improvements will comply with all Building, Public Works, and Fire
Codes, and will be approved by the Orange County Health Department.
3. Although the site does not provide the minimum number of off - street parking spaces
on -site, sufficient off -site parking will be provided pursuant to the parking management
program to accommodate the needs of the expanded restaurant.
4. The locations of the off -site parking is in close proximity to the restaurant and does not
create a traffic hazard in the surrounding area. A parking agreement will be recorded
providing for the availability of a minimum of six off -site parking spaces for the
restaurant.
F. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The renovations to the existing restaurant facility should have a positive impact on the
area and may promote further revitalization of commercial properties located in
Mariners' Mile.
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2. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The limited hours
for the outdoor dining patio hours reduce impacts to residential land uses nearby and
sufficient parking is available in the area to accommodate the restaurant. The operator is
required to take reasonable steps to discourage and correct objectionable conditions that
constitute a nuisance within the facility, adjacent properties, or surrounding public areas,
sidewalks, or parking lots of the restaurant, during business hours, if directly related to
the patrons of the establishment surrounding residents.
3. In order to maintain late hours, the applicant will be required to obtain an Operator
License from the Police Department. The Operator License will provide for enhanced
control of noise, loitering, litter, disorderly conduct, parking /circulation, and other
potential disturbances resulting from the establishment, and will provide the Police
Department with means to modify, suspend, or revoke the operator's ability to maintain
late -hour operations if objectionable conditions occur.
4. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an
establishment where live entertainment, recreational entertainment or dancing is
permitted. Prohibition of live entertainment, recreational entertainment or dancing will
minimize potential land use conflicts, nuisances, and police intervention.
In accordance with Section 20.40.100 (Off -Site Parking) of the Newport Beach Municipal
Code, the following findings and facts in support of such findings are set forth:
Finding:
G. The parking facility is located within a convenient distance to the use it is intended to
serve.
Facts in Support of Finding:
1. Sixteen parking spaces are available on -site for the restaurant.
2. The applicant has secured an off -site parking for a minimum of six parking spaces at
2660 Avon Street. The lot is conveniently located across Riverside Avenue from the
subject property 125 feet away.
3. A municipal parking lot providing approximately 88 parking spaces is available
approximately 600 feet to the southeast down Avon Street. A condition of approval is
included requiring the purchase of parking permits on an annual basis for all ten
employees to use this lot.
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Finding:
H. On- street parking is not being counted towards meeting parking requirement.
Facts in Support of Finding:
1. On- street parking is not being counted towards meeting the parking requirement.
Adequate parking is available for the restaurant through a combination of on -site
parking (16 spaces), off -site parking (6 spaces), and annual employee parking passes
(10 spaces).
2. Valet parking is optional, and will be utilized if additional parking is necessary.
3. Fifteen off- street parking spaces at 2630 Avon Street and ten on- street metered
spaces in front of the restaurant are available; while these spaces do not officially
contribute to the off - street parking requirement, these spaces will be utilized on an
informal basis.
Finding:
1. Use of the parking facility will not create undue traffic hazards or impacts in the
surrounding area.
Facts in Support of Finding:
1. Signage will be provided on -site and at the off -site parking lots to designate the
availability of the off -site parking lots for patrons of the restaurant.
2. The use of the off -site parking, with optional valet service, reduces any congestion
created by restaurant patrons looking for parking and ensures greater usage of the off-
site parking facility.
3. The City Traffic Engineer has found circulation and access for the optional valet
parking plan to be adequate.
4. The off -site parking lot is located in close proximity across Riverside Avenue from the
subject property.
Finding:
J. The parking facility will be permanently available, marked, and maintained for the use
it is intended to serve.
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Facts in Support of Finding:
The property owner of 2660 Avon Street will be required to record a parking
agreement for a minimum of six parking spaces. The agreement must be approved by
the Director and City Attorney and recorded with the County Recorder.
2. Signage will be provided on -site and at the off -site parking lots to designate the
availability of the off -site parking lots for patrons of the restaurant.
SECTION 4. DECISION.
NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
SECTION 1: The City Council of the City of Newport Beach does hereby deny the
appeal and upholds and affirms the decision of the Planning Commission to approve Use Permit
No. UP2013 -021 subject to the conditions contained in Exhibit "A," which is attached hereto and
incorporated by reference.
SECTION 2: Conditional Use Permit No. UP2013 -021 (PA2013 -203) replaces and
supersedes Use Permit No. UP1677, which upon vesting of the rights authorized by this
application, shall become null and void.
SECTION 3: This resolution was approved and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 24th day of June, 2014, by the following vote,
to wit:
ATTEST:
Leilani I: Brown
City Clerk
QL_L��k RI
Mayor
City Council Resolution No. 2014 -53
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Use Permit No. UP2013 -021 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the
Newport Beach Municipal Code, unless an extension is otherwise granted by the
Director, or the Commission under referral or appeal.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The applicant shall comply with all federal, state, and local laws. Violation of any of
those laws in connection with the use may be cause for revocation of this Use Permit.
5. This Conditional 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.
6. 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.
7. 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.
8. 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
Division.
9. Prior to the issuance of final building permits, the operator as well as future operators
of the restaurant shall obtain an Operator License pursuant to Chapter 5.25 (Operator
License) of the Municipal Code. The Operator License may be subject to additional
and/or more restrictive conditions to regulate and control potential late -hour nuisances
associated with the operation of the restaurant.
10. The hours of operation for the interior of the restaurant shall be limited between 5:00
p.m. to 11:00 p.m., Monday through Thursday, 5:00 p.m. to 12:00 midnight Friday,
10:00 a.m. to 12:00 midnight Saturday, and 10:00 a.m. to 11:00 p.m. Sunday.
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11. The restaurant shall be allowed a limited lunch time operation (11:00 a.m. to 5:00 p.m.,
Monday through Friday) which will include the chef's dining area and chefs dining
patio only (764 square feet of "Net Public Area" only).
12. Service on the outdoor dining patio shall end by 10:00 p.m., daily. The outdoor dining
patio shall be closed by 10:30 p.m., daily.
13. The interior "net public area" of the restaurant shall not exceed 1,183 square feet. A
maximum of 55 seats shall be provided within the interior of the establishment.
14. The accessory outdoor dining shall be used only in conjunction with the restaurant. The
outdoor dining patio shall be limited to 990 square feet in area and provide seating for
no more than 52 persons.
15. The exterior windows and doors of the facility shall be closed after 10:00 p.m.
16. The height of the boundary wall of the accessory outdoor dining area shall be marked
on the approved plans. Fences, walls, or similar barriers shall serve only to define the
outdoor dining area and not constitute a permanent all weather enclosure. The
installation of roof coverings in addition to the proposed cedar trellis shall not have the
effect of creating a permanent enclosure. The use of any other type of overhead
covering shall be subject to review and approval by the Community Development
Director and may require an amendment to this permit.
17. Prior to issuance of building permits, the project plans shall be revised to the
satisfaction of the Planning Division to include the planting of shrubs and landscaping
above the retaining wall behind 2915 Cliff Drive for additional screening and buffering
from adjacent residences.
18. The existing parking lot shall be maintained with approved traffic markers or painted
white lines not less than four inches wide. All sixteen parking spaces on the site shall
be accessible and useable for vehicular parking at all times. A directional sign shall be
maintained designating that parking is available to the rear of the building.
19. All asphaltic pavement surfaces of the existing parking areas shall be maintained. No
alterations to the existing parking design shall be permitted without the approval of the
City Traffic Engineer.
20. The restaurant shall comply with the approved Parking Management Program dated May
8, 2014, and any amendment to the Parking Management Program shall be subject to
the approval of the Community Development Director.
21. An off -site parking agreement, approved as to form by the City Attorney's Office, shall
be recorded prior to the issuance of building permits. The City, applicant, and property
owner of 2660 Avon Street shall be a party to the agreement. The agreement shall
guarantee that a minimum of six (6) parking spaces shall be provided at 2660 Avon
Street (A portion of Lot 42 and all of Lot 43 of Tract 1133) for the duration of the
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restaurant use at 215 Riverside Avenue. In the event that the use of the off - street
automobile parking spaces provided for in the agreement are lost for any reason, the
applicant shall notify the Community Development Director 30 days prior to the loss of
the parking spaces. Upon notification that the agreements for the required off -site
parking has terminated, the Director shall establish a reasonable time in which one of
the following shall occur: (a) Substitute parking is provided that is acceptable to the
Director; (b) The size or capacity of the use is reduced in proportion to the parking
spaces lost; (c) The applicant submits to the Director a new or amended Off -Site
Parking Agreement, giving the applicant the use of at least the same number of
parking spaces.
22. All restaurant employees shall park their automobiles in the "Mariners' Mile" municipal lot.
The applicant or operator of the facility shall purchase parking permits for a minimum of
ten employees on an annual basis for the Mariners' Mile Lot, and shall direct all
employees to park in said parking lot.
23. Valet operations 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.
24. Prior to certificate of occupancy, the applicant shall provide signage on -site indicating
the location of additional parking at the off -site parking lot in locations acceptable to
the Planning Division.
25. All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Sign Standards) of the
Newport Beach Municipal Code.
26. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
27. Prior to issuance of building permits, the project plans shall be revised to the satisfaction
of the Planning Division and the City Traffic Engineer to include new exterior lighting and
other appropriate safety measures at the driveway entrance on Riverside Avenue to
improve visibility and traffic safety during evening hours.
28. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The
Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
29. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code. Pre - recorded music may be
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played in the tenant space, provided exterior noise levels outlined below are not
exceeded. The noise generated by the proposed use shall comply with the provisions
of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code.
30. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the restaurant facility.
31. Construction activities shall comply with Section 10.28.040 (Construction Activity -
Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of
noise - generating construction activities that produce noise between the hours of 7:00
a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday.
Noise - generating construction activities are not allowed on Sundays or Holidays.
32. The existing block wall and storage structure adjacent to the driveway on Riverside
Avenue shall be lowered to a height of 36 inches so as to provide better sight distance
for motorists on the steep driveway.
33. All mechanical equipment and trash areas shall be screened from adjoining streets.
34. Outdoor storage shall conform to the standards of Section 20.48.140 (Outdoor
Storage, Display, and Activities). 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.
35. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self - latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick -up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes, which shall remain closed at all times, except when being loaded or while
being collected by the refuse collection agency.
36. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
37. Trash receptacles for patrons shall be conveniently located inside of the
establishment. 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.
38. 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 Community
Development Director, and may require an amendment to this Use Permit.
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39. The operator is required to take reasonable steps to discourage and correct
objectionable conditions that constitute a nuisance within the facility, adjacent properties,
or surrounding public areas, sidewalks, or parking lots of the restaurant, during business
hours, if directly related to the patrons of the establishment surrounding residents.
40. A copy of this resolution shall be incorporated into the Building Division and field sets
of plans prior to issuance of the building permits.
41. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Conditional
Use Permit file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately
depict the elements approved by this Conditional Use Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the
plans.
42. 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 Nesai Conditional Use Permit including, but not
limited to, the Conditional Use Permit No. UP2013 -021 (PA2013 -203). 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.
Police Department Conditions
43. The approval is only for the establishment of an eating and drinking establishment as
defined by Title 20 of the Municipal Code, with the principal purpose for the sale or
service of food and beverages with sale and service of alcoholic beverages incidental to
the food use.
44. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 47 (On -Sale General) in conjunction with the service
of food as the principal use of the facility. Any upgrade in the alcoholic beverage
license shall be subject to the approval of an amendment to this application and may
require the approval of the Planning Commission.
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45. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Newport Beach Municipal Code.
46. Food service from the regular menu shall be available to patrons up to thirty (30)
minutes before the scheduled closing time.
47. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
48. The operator of the establishment 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.
49. 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
quarterly basis and shall be made available to the Police Department on demand.
50. There shall be no on -site radio, televisions, 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 Event
Permit issued by the City of Newport Beach.
51. There shall be no live entertainment or dancing allowed on the premises.
52. Strict adherence to maximum occupancy limits is required.
53. 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.
54. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
55. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying /licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 180 days of the issuance of the
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certificate of occupancy. Records of each owner's, manager's and employee's
successful completion of the required certified training program shall be maintained on
the premises and shall be presented upon request by a representative of the City of
Newport Beach.
Fire Department Conditions
56. Areas or rooms with occupant loads of more than 50 persons will require two exits. Exits
must be arranged as per California Fire Code Section 1015.2.1.
57. All cooking areas shall provide a Type I hood and an automatic fire extinguishing system.
58. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric
heaters are allowed if installed per their listing and the California Electrical or Plumbing
Code.
Building Division Conditions
59. Window openings are shown in the exterior wall parallel to Avon Street, which are not
shown on the last approved plan from 1983. New openings are proposed in the wall
between the restaurantidining space and kitchen and the northeast exterior wall at the
rear of the kitchen has been altered. These walls shall be analyzed by a civil /structural
engineer for consideration of decreased capacity due to new openings, compared with
seismic demand on them in accordance with the 2013 CBC.
60. Minimum 1 -hour rated construction shall be provided at the patio structure within the 10-
foot width of the exit discharge between building exit doors and the public sidewalk. Refer
to CBC 1027.5.2 and CBC 1002 for definition of 'yard' (open to sky).
61. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. A building permit is required to allow the change in use to an eating
and drinking establishment. The construction plans must comply with the most recent,
City- adopted version of the California Building Code. The construction plans must meet
all applicable State Disabilities Access requirements. Complete sets of drawings
including architectural, electrical, mechanical, and plumbing plans shall be required at
plan check.
62. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
63. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Division.
64. If required, a grease interceptor shall be installed prior to the establishment opening for
business to the satisfaction of the Building Division.
City Council Resolution No. 2014 -53
Page 16 of 17
65. A covered wash -out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall
be provided, and the area shall drain directly into the sewer system, unless otherwise
approved by the Community Development Director and Public Works Director in
conjunction with the approval of an alternate drainage plan.
Public Works Conditions
66. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
67. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels,
curb /gutter, and driveway along the Avon Street frontage.
68. All existing private, non - standard improvements within the public right -of -way and /or
extensions of private, non- standard improvements into the public right -of -way fronting
the development site shall be removed.
69. All new and existing water services shall be protected by a City approved backflow
assembly.
70. All new and existing sewer laterals shall have a sewer cleanout, installed with a traffic -
grade box and cover, located on the public side of the property line.
71. An encroachment permit is required for all activities within the public right -of -way.
72. The trellis eave shall not encroach more than 1 -foot into the adjacent right -of -way.
73. All improvements shall comply with the City's sight distance requirement. See City
Standard 110 -L and Municipal Code 20.30.130.
74. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right -of -way could
be required at the discretion of the Public Works Inspector.
75. All on -site drainage shall comply with the latest City Water Quality requirements.
76. All unused water services to be abandoned shall be capped at the main (corporation
stop) and all unused sewer laterals to be abandoned shall be capped at property line.
77. The proposed patio shall be constructed on private property.
78. At a minimum, a 6 -foot sidewalk shall be maintained along Avon Street.
City Council Resolution No. 2014 -53
Page 17 of 17
79. The parking lot configuration shall be consistent with the previously approved Use
Permit No. UP1677 (Amended 1983). A stop bar and appropriate signage shall be
added at the driveway exit onto Riverside Avenue to the satisfaction of the City Traffic
Engineer.
80. The patio overhang shall be covered under a building permit in order to be consistent
with Council Policy. If any portion of the overhang is within the public right -of -way, an
encroachment permit is required. If an encroachment permit is approved, the patio
overhang shall not encroach more than 1 -foot over the public sidewalk and must
maintain a minimum vertical clearance of 8 feet.
81. The storage area adjacent to Riverside Avenue shall be lowered to a height of 30
inches or to the satisfaction of the City Traffic Engineer in order to comply with sight
distance requirements at the intersection of the driveway and Riverside Avenue.
82. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
1, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2014 -53 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 24th day of June, 2014, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Council Member Gardner, Council Member Petros, Council Member Curry,
Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich,
Mayor Hill
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25`" day of June, 2014.
444J'N�-'
City Clerk
Newport Beach, California
(Seal)