HomeMy WebLinkAbout1983 - AMENDMENT TO EXISTING CUP FOR THE RITZ TO ALLOW EXTENDED OUTDOOR DINING PATIO HOURS BETWEEN 10AM AND 5PM, SATURDAYS, LIVE ENTERTAINMENT AT THE INTERIOR OF THE RESTAURANT, AND A LARGER OUTDOOR DINING - 2801 Coast Hwy W RESOLUTION NO. 1983
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2015-008 TO ALLOW EXTENDED OUTDOOR
DINING HOURS ON SATURDAYS, LIVE ENTERTAINMENT
INSIDE THE ESTABLISHMENT, AND A LARGER
RETRACTABLE AWNING STRUCTURE ON THE OUTDOOR
DINING PATIO LOCATED AT 2801 WEST COAST HIGHWAY
(PA2015-033)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Grill Concepts CD, Inc., with respect to property located at
2801 West Coast Highway, and legally described as a portion of Lot H of Tract 919,
requesting approval of a conditional use permit.
2. The applicant proposes an amendment to Use Permit No. UP2051 and Outdoor Dining
Permit No. OD68 to accommodate a new restaurant tenant, The Ritz, a food service
restaurant with late hours, a Type 47 (beer, wine, distilled spirits) Alcoholic Beverage
Control (ABC) license, and an outdoor dining patio. Use Permit No. UP2051 authorized
the construction of the existing office building and restaurant, which exceeds the basic
height limit of 26 feet and exceeds the maximum allowed 0.5 FAR of the site (22,400
square feet or 0.81 FAR). The applicant requests expanded daytime hours of
operation to include 10:00 a.m. to 5:00 p.m. on Saturdays on the outdoor dining patio.
The patio hours are currently allowed between the hours of 5:00 p.m. and 12:00
midnight on Saturdays. The applicant also requests live entertainment consisting of a
piano or three non-amplified musicians at the interior of the restaurant between the
hours of 5:00 p.m. and 12:00 midnight, on weekdays and 10:00 a.m. through 12:00
midnight, Saturday and Sunday. Finally, the applicant requests a modification to
Condition No. 15 of Outdoor Dining Permit No. OD68, which limits the use of
permanent roof coverings over the outdoor dining patio.
3. The subject property is located within the MU-W1 (Mixed-Use Water Related) Zoning
District and the General Plan Land Use Element category is MU-W1 (Mixed-Use Water
Related).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related).
5. A public hearing was held on May 21, 2015, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. 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.
Planning Commission Resolution No. 1983
Page 2 of 16
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1 . This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
2. The Class 1 exemption includes interior and exterior alterations and the project
involves operational changes to the business which will not result in an increase in the
gross floor area or net public area of the restaurant.
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 use permit within the MU-W1
(Mixed-Use Water Related) Zoning District. The existing establishment operates pursuant to
Use Permit No. UP2051, Outdoor Dining Permit No. OD68, and Staff Approval No. SA2014-015
(PA2014-112). The requested live entertainment, outdoor dining patio hours, and modification to
the conditions to allow for a larger awning structure are considered substantial changes in
operation that require a conditional use permit.
In accordance with Section 20.52.020.E (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:
Finding:
A. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The MU-W1 (Mixed-Use Water Related) land use designation applies to waterfront
properties along the Mariners' Mile Corridor in which marine-related, visitor-serving,
commercial uses are intermixed with buildings that provide residential uses above the
ground floor. Although the subject property does not include residential uses, the
existing eating and drinking establishment and office-uses on-site are consistent with
the visitor-serving and marine-related land uses intended for the MU-W1 (Mixed-Use
Water Related) land use designation of the General Plan.
2. The existing development was approved under Use Permit No. UP2051 to exceed the
0.5 Floor Area Ratio (FAR) up to 0.81 FAR (22,400 square feet). The operational
changes to the restaurant will not result in an increase of the existing gross floor area
and resulting FAR.
3. The proposed live entertainment will be located inside of the eating and drinking
establishment and will be consistent with the overall intent of the MU-W1 land use
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designation and policies of the General Plan. Land Use Element Policy LU5.2.2
(Buffering Residential Areas) suggests that commercial uses adjoining residential
neighborhoods should be designed to be compatible and minimize impacts to these
uses. Limiting live entertainment to the interior of the establishment will ensure that
noise impacts to residents across Newport Harbor are minimized.
4. The requested daytime outdoor dining patio hours are compatible with the goals
established for the Mariners' Mile district. Land Use Policy 6.19.10 (Waterfront
Promenade) of the General Plan requires that development on the bay frontage
implement amenities that ensure access for coastal visitors. Expanding the existing
outdoor dining patio hours to allow for brunch service on Saturdays will provide an
additional amenity for coastal visitors to enjoy the bay frontage.
5. Natural Resources Policy 20.3 (Public Views), Land Use Element Policy 6.19.9
(Harbor and Bay Views and Access), CLUP Policy 2.1.4-9, and CLUP Policy 3.1.3-8
identify the Mariners' Mile waterfront as a view corridor and recommend the strategic
placement and siting of buildings to preserve public views from West Coast Highway
toward Newport Harbor. In particular, Policy LU6.19.9 encourages the use of "see-
through" elements and the minimization of accessory structures that block views and
access to the Harbor. The retractable awning over the outdoor dining patio is
consistent with these policies and preserves harbor views between the buildings to the
greatest extent feasible.
6. The project site is not located within a Specific Plan area.
Finding:
B. 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 . The MU-W1 (Mixed-Use Water Related) zoning district applies to waterfront properties
along the Mariners' Mile Corridor in which nonresidential uses and residential dwelling
units may be intermixed. Eating and drinking establishments classified as Food Service,
Late Hours, require the approval of a conditional use permit within the MU-W1 (Mixed-
Use Water Related) Zoning District.
2. Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code states
that all activities shall be conducted entirely within an enclosed structure, with the
exception of checking patron's identification, valet parking activities, and outdoor
dining. The proposed live entertainment will be conducted entirely within the interior of
the restaurant.
3. Section 20.48.090.3.b (Eating and Drinking Establishments, Outdoor Dining) also
requires that the review authority consider the relation of outdoor dining to sensitive
noise receptors. The extended brunch hours on Saturdays from 10:00 a.m. through
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5:00 p.m, for the outdoor dining patio will minimize noise impacts to residents located
across Newport Harbor. The extended hours occur in the daytime and are permitted
with an amendment to the existing conditional use permit.
4. The size of the outdoor dining patio does not exceed 25 percent of the interior net
public area of the restaurant and thus, does not require additional parking on-site
during the extended patio hours on Saturdays.
5. The operational changes to the eating and drinking establishment are consistent with
the Mariners' Mile Strategic Vision and Framework. The business will support local
establishments within Mariners' Mile and improve the waterfront promenade.
6. The new location of the outdoor dining patio improves the view corridor between the
buildings toward Newport Harbor. The height of the retractable awning will preserve
open views along the waterfront for pedestrians and vehicles along West Coast
Highway.
7. As conditioned, the proposed project will comply with Newport Beach Municipal Code
standards for eating and drinking establishments.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. An eating and drinking establishment has operated in this location since 1982 pursuant
to Use Permit No. UP2051 and Outdoor Dining Permit No. OD68. The commercial
building is previously developed with the infrastructure to accommodate an eating and
drinking establishment. The location is compatible with other commercial uses in
Mariners' Mile and serves as a key location along the waterfront promenade. The
eating and drinking establishment 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.
2. The majority of restaurants located along the waterfront promenade in Mariners' Mile
have use permits that allow for live entertainment. These restaurants include Billy's by
the Beach, Villa Nova, Rusty Pelican, Joe's Crab Shack, and Shamrock Bar and Grill.
Live entertainment at these locations has proven to be compatible with the surrounding
community where live entertainment is limited to the interior of the establishment.
3. The operational conditions of approval will promote compatibility with the surrounding
uses. Live entertainment will be indoors and the restaurant windows will be closed
when live entertainment is conducted.
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4. Hours of operation from 11:00 a.m. through 12:00 midnight on Saturdays are currently
permitted for Billy's by the Beach at 2751 West Coast Highway, which is adjacent to
the subject property. The proximity of this similar use demonstrates that the proposed
daytime outdoor patio hours for the subject property will be compatible with other uses
in the vicinity.
5. The extended outdoor dining patio hours from 10:00 a.m. through 5:00 p.m. on
Saturdays will allow the restaurant to maintain consistent daytime hours of operation
between the interior of the restaurant and the outdoor dining patio.
6. The retractable awning location will not restrict public views through the site toward
Newport Harbor and is thus compatible with other uses in the vicinity. The support
posts will be limited to three (3) feet beyond the line of the existing building to minimize
view impacts when the awning is retracted.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The project site is located within an existing commercial building and the tenant space
is designed and developed for an eating and drinking establishment. The design, size,
location, and operating characteristics of the use are compatible with the surrounding
neighborhood. The existing tenant space on the subject property has historically been
utilized as an eating and drinking establishment and no physical improvements are
proposed to allow live entertainment and extended outdoor dining patio hours in the
restaurant.
2. The extended outdoor dining patio hours on Saturdays from 10:00 a.m. through 5:00
p.m. will not require additional on-site parking in accordance with the Zoning Code
development standards because the patio does not exceed 25 percent of the interior
net public area of the restaurant.
3. The retractable patio awning will minimize impacts to views through the site, in keeping
with General Plan and Coastal Land Use Policies. The Mariners' Mile Design
Framework acknowledges that there is limited access to the water including blocked
views and fragmented connections between properties due to historic development
patterns. These policies all suggest that accessory structures should be strategically
designed and placed to maximize views from West Coast Highway toward Newport
Harbor. The retractable awning location maintains the intent of these policies and
achieves the applicant's goal to shield the majority of patrons from wind, sun, and rain
elements while dining on the outdoor patio.
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4. Adequate public and emergency vehicle access, public services, and utilities exist for
the site.
5. The design of the tenant improvements comply with all Building, Public Works, and
Fire Codes, and will be approved by the Orange County Health Department.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. Limiting live
entertainment non-amplified music located within the interior of the establishment
reduces noise impacts to residents across Newport Harbor and helps to ensure the
restaurant will remain in compliance with Chapter 10.26 (Community Noise Control) of
the Newport Beach Municipal Code.
2. The addition of live entertainment and extended outdoor patio hours will provide an
additional amenity to patrons of the restaurant.
3. The extended daytime outdoor dining patio hours on Saturdays will allow the restaurant
to maintain consistent daytime hours of operation between the inside of the restaurant
and the outdoor dining patio.
4. The proposed location of the retractable awning is appropriate and will maintain the
public's ability to enjoy the public view corridor of Newport Harbor from West Coast
Highway.
5. 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2015-008 (PA2015-033) authorizing daytime hours of operation for
the outdoor dining patio on Saturdays, live entertainment within the interior of the
restaurant, and a larger retractable awning structure on the outdoor dining patio, subject
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to the conditions set forth in Exhibit A, which is attached hereto and incorporated by
reference.
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City in accordance with
the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code.
3. This resolution supersedes Use Permit No. UP2051, its subsequent amendments,
Outdoor Dining Permit No. OD68, and Staff Approval No. SA2014-015 (PA2014-112),
which upon vesting of the rights authorized by this Conditional Use Permit, shall
become null and void.
PASSED, APPROVED, AND ADOPTED THIS 21St DAY OF MAY, 2015.
AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Myers and Tucker
NOES: None
ABSTAIN: None
ABSENT: None
BY: 2
Larry Tucker,'Chairman
BY:
l Ja My rs, ��tary
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(New conditions of approval are marked in italics. All other conditions of approval are carried
over and completed in compliance with prior discretionary approvals)
PLANNING
Building Conditions from UP2051
1. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
2. All commercial areas in excess of 0.5 times the buildable area of the site (i.e. 8,682
square feet) shall be used by marine-oriented uses as required by the Mariners' Mile
Specific Area Plan.
3. If the particular percentage of marine-oriented uses is not maintained, due to a change in
occupancy from marine-oriented to some other proposed uses, that the property not
used by the marine-oriented uses is to remain vacant and unused until a suitable tenant
which fits the marine-oriented criteria is found. That the applicant or permittee consents
to maintain that space as unoccupied and understands that the vacancy may result in
economic hardship.
4. The applicant or permittee by accepting the use permit approval, consents to the specific
enforcement of all conditions imposed by the Commission and specifically the conditions
relating to the required occupancy of a percentage of the structure by marine-related
uses and that the applicant or permittee waives any rights to defend any legal action
brought by the City to specifically enforce those conditions of occupancy.
5. The owner of the property is required to notify the Planning Division of the City of
Newport Beach upon any change in tenancy which would affect the marine-oriented uses
and shall provide copies of all documents requested by the Planning Division or the City
in conjunction with that change in tenancy.
6. The applicant shall record a Covenant, the form and content of which is acceptable to the
City Attorney, binding the applicant and its successors in interest in perpetuity, to a
limitation of 0.81 times the buildable area on the subject property, in consideration of
granting the use permit to exceed the height.
7. The following disclosure statement of Newport Beach's policy regarding John Wayne
Airport should be included in any covenants, conditions, and restrictions, which may be
recorded against the property.
Disclosure Statement
The Lessee herein, his heirs, successors and assigns acknowledge that:
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(a) The John Wayne Airport may not be able to provide adequate air service for business
establishments which rely on such services;
(b) When an alternate air facility is available, a complete phase out of jet service may
occur at the John Wayne Airport.
(c) The City of Newport Beach may continue to oppose additional commercial air service
expansions at the John Wayne Airport;
(d) Lessee, his heirs, successors and assigns will not actively oppose any action taken
by the City of Newport Beach to phase out or limit jet air service at the John Wayne
Airport.
8. A 6-foot wide easement shall be dedicated to the City for unobstructed public access
across the bayside of the parcel and that the walkway be improved with the design to be
approved by the Public Works Department.
9. A 6-foot wide easement shall be dedicated to the City for access to the bayside public
walkway from West Coast Highway and that the location of the easement be approved
by the Public Works Department.
10. The on-site vehicular and pedestrian circulation systems shall be subject to further review
by the Public Works Department.
11. Prior to demolition of existing facilities and construction of the new facilities, a complete
plan for litter and debris control shall be approved by the Planning Division and Harbor
Resources Division to ensure that no debris is permitted to enter Newport Harbor.
12. All on-site drainage shall be approved by the City Public Works Department.
13. The landscape plans for plantings adjacent to the public right-of-way shall be reviewed
and approved by the Public Works Department.
14. The landscape plan shall be subject to the review and the approval of the Planning
Division.
15. The landscape plan shall include a maintenance program which controls the use of
fertilizers and pesticides.
16. The landscape plan shall place heavy emphasis on the use of drought-resistant native
vegetation, and be irrigated with a system designed to avoid surface runoff and
overwater.
17. Final design of the project shall provide for the incorporation of water-saving devices for
project lavatories and other water-using facilities.
18. Final design of the project shall provide for the sorting and collection of recyclable
material from other solid waste. Prior to occupancy of the building, the program for
sorting recyclable material shall be developed and approved by the Planning Division.
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19. Non-standard concrete sidewalk and curb along the West Coast Highway frontage shall
be reconstructed and any unused drive aprons be removed and replaced with curb,
gutter, and sidewalk. That all public improvements be completed under an encroachment
permit issued by the California Department of Transportation.
Restaurant
20. Development shall be in substantial conformance with the approved site plan and floor
plan, except as noted in the following conditions.
21. The interior net public area shall be limited to a maximum of 3,190 square feet as
depicted in the approved plans.
22. The hours of operation for the establishment shall be as follows:
Interior of Restaurant
• 5:00 p.m. to 2:00 a.m., Monday through Friday
• 10:00 a.m. to 2:00 a.m., Saturday, Sunday, and recognized holidays
Patio
• 5:00 p.m. to 10:00p.m., Monday through Thursday, including private parties and
recognized holidays
• 5:00 p.m. to 12:00 midnight, Friday, including private parties and recognized
holidays
• 10:00 a.m. to 12:00 midnight, Saturdays, including private parties and
recognized holidays
• 10:00 a.m. to 10:00 p.m., Sundays
23. Alcohol service in the form of a Type 47 (On Sale General) Alcoholic Beverage Control
license shall be limited to the interior of restaurant and the outdoor dining patio.
24. Live entertainment shall be limited to a piano or three non-amplified
musicians/performers at the interior of the restaurant between the hours of 5:00 p.m. and
12:00 midnight, Monday through Friday, and 10:00 a.m. and 12:00 midnight, Saturday
and Sunday.
25. The restaurant windows and doors shall remain closed while live entertainment is
conducted within the establishment.
26. Dancing shall be prohibited as a part of the regular operation, unless an amendment to
this use permit, any previous use permits, and outdoor dining permits, and other required
application is first approved in accordance with the provisions of the Municipal Code.
27. Operator License No. OL2014-007 (PA2014-094) shall be updated to reflect the
operational changes authorized under this Conditional Use Permit.
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Restaurant Site Maintenance
28. The area outside of the food establishment shall be maintained in a clean and orderly
manner.
29. All mechanical equipment and trash areas shall be screened from West Coast Highway
or adjoining properties.
30. 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.
31. The applicant shall maintain the trash dumpsters or receptacles so as to control odors,
which may include the provision of fully self-contained dumpsters or may include periodic
steam cleaning of the dumpsters, if deemed necessary by the Planning Division.
32. Storage outside of the building shall be prohibited, with the exception of the required
trash container enclosure and existing storage structures.
33. Upon completion of construction, the project applicant shall provide for weekly vacuum
sweeping of all paved parking areas and drives. A weekly cleanup program around the
docks and public walks shall be conducted on a regular basis.
34. Final design of the project shall provide for adequate security lighting in public areas of
the project site.
35. The project shall be designed to eliminate light and glare onto adjacent properties or
uses, including minimizing the number of light sources. The plans shall be prepared and
signed by a licensed Electrical Engineer acceptable to the City. Prior to the issuance of
any building permit, the applicant shall provide to the Planning Division, in conjunction
with the lighting system plan, lighting fixture product types and technical specifications,
including photometric information, to determine the extent of light spillage or glare which
can be anticipated. This information shall be made a part of the building set of plans for
issuance of the building permit. Prior to issuance of the certificate of occupancy or final of
building permits, the applicant shall schedule an evening inspection by the Code
Enforcement Division to confirm control of light and glare specified by this condition of
approval.
36. The project shall be so designed to eliminate light and glare spillage on adjacent uses.
Any parking lot lighting shall be subject to the approval of the Planning Division.
Outdoor Dining Patio
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37. The Conditional Use Permit allows for an existing full service restaurant facility 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 during the specified restaurant hours of operation.
38. The accessory outdoor dining for the restaurant located at 2801 West Coast Highway
shall be used in conjunction with the related adjacent food establishment and shall be
limited to 768 square feet maximum of dining area.
39. The outdoor dining patio shall maintain the required 10-foot bulkhead setback.
40. The outdoor dining area associated with the restaurant uses shall be limited to the area
as delineated on the approved site plan only.
41. The area of the outdoor dining shall be delineated within a minimum 6-foot high physical
barriers designed, installed, and maintained around the patio area to ensure compliance
with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach
Municipal Code).
42. The retractable awning structure that extends over the outdoor dining area shall not be
changed or modified to create a full-weather enclosure.
43. For sunshade purposes, coverings shall be limited to the use of umbrellas or retractable
awnings with a minimum vertical clearance of ten (10)feet measured from the floor of the
dining area to the lowest portion of the shade structure. The use of solid, permanent roof
coverings or patio coverings shall be prohibited.
44. The awning shall be retracted outside of business hours. Support structures for the
retractable awning shall not extend beyond the existing building line more than three (3)
feet to maintain public views from West Coast Highway toward Newport Harbor.
45. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor
the sound generated by the live entertainment to ensure compliance with these
conditions and Chapter 10.26 (Community Noise Control) of the Newport Beach
Municipal Code, if required by the Community Development Director.
46. Should problems arise with regard to noise associated with the outdoor dining areas, the
Planning Division reserves the right to require the removal of all or a portion of the
outdoor dining area seating in the areas which contribute to the noise problems or
complaints.
47. No live entertainment is permitted in the outdoor dining area.
48. The patio shall be closed for the evening upon verification of non-compliance with any
conditions of this Conditional Use Permit and if the patio is not closed, the matter shall be
referred to the Planning Division for action on the Conditional Use Permit.
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49. Should problems arise with regard to tables, chairs or stools encroaching into the public
right-of-way, private property pedestrian access or walkways, the Planning Division
reserves the right to require the removal of all or a portion of the outdoor dining area
seating.
Parking and Public Works
50. A minimum of seventy five (75) parking spaces shall be provided on-site.
51. The parking layout shall comply with the previously approved parking plan. If the
previously approved compact stalls cannot be provided, the stalls shall be converted to
standard size spaces. Future changes to the parking lot design shall be reviewed and
approved by the Public Works Director if the changes meet applicable standards and all
applicable conditions of approval.
52. A minimum of one parking space per 250 square feet of net floor area shall be provided
for the office use and a minimum of one parking space per 40 square feet of net public
area shall be provided for the restaurant use.
53. A minimum of fifty (50) parking spaces shall be maintained in the off-site lot located at
2700 West Coast Highway.
54. A minimum of twenty-four (24) parking spaces shall be maintained in the off-site lot
located at 2620 Avon Street.
55. The owner or owners and the City shall execute a written instrument or instruments,
approved as to form and content by the City Attorney, providing for the maintenance of
the required off-street parking on such lots for the duration of the proposed use or uses
on the building site or sites. Should a change in use or additional use be proposed, the
off-street parking regulations applicable at the time shall apply. Such instruments shall be
recorded in the office of the County Recorder.
56. The Off-Site parking agreement shall be reviewed and approved by the Traffic Engineer
prior to issuance of the occupancy permit or implementation of the outdoor dining.
57. The revised off-site parking plan and the parking plan for the off-site lots located at 2700
West Coast Highway and 2620 Avon Street, and the vehicular circulation and pedestrian
circulation systems shall be subject to further review by the City Traffic Engineer to
approve the new parking configuration in compliance with the previously approved use
permit if any alterations are made to the off-site lot.
58. No commercial, marina operated boat docking facilities shall be permitted bayward of the
site unless the applicant shall obtain the required Harbor permits and provides the
necessary upland support facilities (i.e. restroom facilities for the boat slip users and 0.75
parking spaces for each marina boat slip and 0.75 parking spaces for each 25 feet of
available mooring spaces not classified as a slip).
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59. All restaurant employees shall park their vehicles on the Mariners' Mile off-site parking
lot.
60. Valet parking service shall be provided at all times during the restaurant's hours of
operation.
61. Prior to the issuance of building permits, the valet plan shall be approved to the
satisfaction of the Traffic Engineer.
62. The existing pedestrian easement shall be kept clear of obstructions.
63. All improvements shall be constructed as required by Newport Beach Ordinance and the
Public Works Department.
Building Division Requirements
64. A building permit and operator license shall be obtained prior to commencement of the
construction. A copy of this approval letter shall be incorporated into both the Building
Division and field sets of plans prior to issuance of the building permits.
65. 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.
66. Kitchen exhaust fans shall be designed to control odors and smoke in accordance with
Rule 50 of the Air Pollution Control District.
67. A washout area for the restaurant trash containers shall be provided in such a way as to
allow direct drainage into the sewer system and not into the Bay or storm drains.
68. That grease interceptors shall be installed on all fixtures in the restaurant facility where
grease may be introduced into the drainage systems in accordance with the provisions of
the Uniform Plumbing Code.
69. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
70. The removal of the stairway to the second floor level where the proposed outdoor dining
patio is located shall comply with building egress requirements to the satisfaction of the
Building Official.
Fire Department Requirements
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71. The proposed fire pit installation and location must comply with the manufacturer's
specifications, California Fire Code, and the California Mechanical Code with regard to
horizontal and vertical clearances.
72. A hood fire suppression system must be installed over the cooking areas as required by
the California Fire Code 904.2.1.
73. Fire Sprinklers will be required and must be extended to any additions to the structure.
74. Dumpsters with an individual capacity of 200 gallons or more shall not be stored in
buildings or placed within 5 feet of combustible walls openings or combustible roof eave
lines unless the dumpsters are constructed of noncombustible materials. Exception:
Dumpsters in areas protected by an approved automatic sprinkler system installed
throughout in accordance with Section 903.3.1.1 or 903.3.1.3 C.F.C. (Examples of
combustible construction: plaster on wood, gypsum board on wood studs, plywood or
other wood sheathing on wood metal studs). C.F.C. Section 304.3.4.
75. Interior finishes must meet California Building Code Section 803.
Standard Conditions
76. Should this business 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 owner or the leasing company.
77. The Planning Commission may add to or modify conditions of approval to this
Conditional Use Permit or recommend to the City Council the revocation of this use
permit, upon a determination that the operation which is the subject of this Outdoor
Dining Permit, causes injury, or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community.
78. That this Conditional Use Permit shall expire unless exercised within twenty-four months
from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions)
of the Newport Beach Municipal Code.
79. 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.
80. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 the City's approval of The Ritz
Conditional Use Permit including, but not limited to, Conditional Use Permit No.
UP2015-008 (PA2015-033) This indemnification shall include, but not be limited to,
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Planning Commission Resolution No. 1983
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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, the City, and/or the parties initiating or
bringing such proceeding. The applicant shall indemnify the City for all of the 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.
03-03-2015