HomeMy WebLinkAbout2006 - A MINOR SITE DEVELOPMENT REVIEW FOR A NEW 14,252-SF RESTAURANT BUILDING WITH OUTDOOR DINING AND A NEW 664-SF MARINA RESTROOM BUILDING AND A CONDITIONAL USE PERMIT FOR THE RESTAURANT AND A 49-SPACE RED - 201 Coast Hwy E RESOLUTION NO. 2006
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING MINOR SITE
DEVELOPMENT REVIEW SD2015-003 AND CONDITIONAL USE
PERMIT UP2015-030 FOR A RESTAURANT WITH FULL
ALCOHOLIC BEVERAGE SERVICE AND LIVE
ENTERTAINMENT, AND A REDUCTION IN REQUIRED OFF-
STREET PARKING LOCATED AT 201 EAST COAST HIGHWAY
(PA2015-113)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Irvine Company, with respect to property located at 201 East
Coast Highway, and legally described as TR 5361 LOT A POR OF LOT AND POR
SW1/4 SEC 26 T 6 R 10 requesting approval of a minor site development review and a
conditional use permit.
2. The applicant proposes a new 14,252-square-foot restaurant building with outdoor dining
and a new 664-square-foot marina restroom building and a conditional use permit for a
restaurant (food service, late hours) with full alcoholic beverage service and live
entertainment, and a reduction in required off-street parking.
3. The subject property is located within the Commercial Recreational and Marine (CM)
Zoning District and the General Plan Land Use Element category is Recreational and
Marine Commercial (CM).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Recreational and Marine Commercial (CM).
5. A public hearing was held on December 17, 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.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Mitigated Negative Declaration No. ND2013-002 (SCH NO. 2014081044) was prepared
for Balboa Marina West, a new public boat dock in the Newport Harbor, improvement
and expansion of the existing Balboa Marina, and the construction of a 19,400 square
feet marine commercial building for a yacht brokerage office, public restrooms, and a
restaurant, in accordance with the implementing guidelines of the California
Environmental Quality Act (CEQA), State CEQA Guidelines, and City Council Policy K-
3.
Planning Commission Resolution No. 2006
Page 2 of 20
2. Mitigated Negative Declaration No. ND2013-002 was made available for public review
and comment during a 30-day review period beginning on August 18, 2014, and
ending on September 17, 2014.
3. Mitigated Negative Declaration No. ND2013-002 was subsequently approved by the
Planning Commission on October 4, 2014 and, on appeal, upheld and affirmed by the
City Council on November 25, 2014.
4. Mitigated Negative Declaration No. ND2013-002 is on file with the Community
Development Department.
5. A subsequent negative declaration for the project is not required to be prepared
pursuant to CEQA Guidelines Section 15162 because the proposed project has a
significantly reduced floor area and height than the conceptual design previously
analyzed and does not constitute "substantial changes" that would involve new
significant environmental effects or a substantial increase in the severity of previously
identified significant effects, or result in the adoption of mitigation measures.
6. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges. -
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages
which may be awarded to a successful challenger,
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission 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 Zoning Code.
Facts in Support of Finding:
1. The project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy
environment for residents and businesses is preserved.
2. Adjacent uses within 100 feet are Balboa Marina, SOL Cocina restaurant, and 3 Thirty
3 Waterfront restaurant, which are compatible and complementary to the proposed
restaurant.
3. Although the project site is located within a census tract that meets the criteria for
undue concentration of on-sale alcoholic beverage sales licenses, only two of the five
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on-sale establishments are located in close proximity to the project site and the other
three establishments are located at the Balboa Yacht Basin and Bayside Shopping
Center; 0.7 miles and 0.6 miles away, respectively.
4. The Planning Commission considered all of the factors specified by Section 20.48.030
of the Zoning Code and found that alcoholic beverage sales at the proposed
restaurant would be consistent with the purpose and intent of that section.
5. That operating under the applicable regulations of the Municipal Code and the
recommended conditions of approval, the proposed restaurant can maintain a healthy
and safe environment for residents and businesses and prevent alcohol-related
problems.
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:
Finding:
A. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1 . Recreational and Marine Commercial (CM) land use category is intended to provide
for commercial development on or near the bay in a manner that will encourage the
continuation of coastal-dependent and coastal-related uses, maintain the marine
theme and character, encourage mutually supportive businesses, encourage visitor-
serving and recreational uses, and encourage physical and visual access to the bay
on waterfront commercial and industrial building sites on or near the bay. The CM land
use category is implemented by the Commercial Recreational and Marine (CM) Zoning
District. Food service, late hours uses (i.e., the restaurant) and marina support
facilities (i.e., marina restrooms) are permitted in the CM Zoning District with the
approval of use permits.
2. The proposed restaurant is a visitor-serving use. Also, the proposed project will allow
the continuation of existing coastal-dependent and coastal-related uses. Although not
part of the proposed project, the Balboa Marina is a coastal-dependent use, which will
continue and expand with the project. The proposed project will also facilitate the
expansion of the marina, including a new public dock. The marina restrooms and yacht
brokerage are coastal-related uses. The existing restrooms will be replaced and the
yacht brokerage will be relocated to a waterfront location in close proximity to the
marina.
3. The project site is not located within a Specific Plan area.
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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 Commercial Recreational and Marine Zoning District is intended to provide for
areas appropriate for commercial development on or near the waterfront that will
encourage the continuation of coastal-dependent and coastal-related uses, maintain
the marine theme and character, encourage mutually supportive businesses,
encourage visitor-serving and recreational uses, and encourage physical and visual
access to the bay on sites located on or near the bay.
2. The proposed restaurant is a visitor-serving use and is allowed in the Commercial
Recreational and Marine Zoning District with the approval of a conditional use permit.
3. The proposed project conforms to the height, setback, and floor area limits of the
Commercial Recreational and Marine Zoning District.
4. In accordance with Section 20.40.110 (Adjustments to Off-Street Parking
Requirements), the reduction in the amount of off-street parking is appropriate due to
sufficient data of reduced parking demand, joint use of parking facilities by the marina
and the proposed restaurant, a parking management program, and off-site parking.
5. 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. The project site is located in an area with other eating and drinking establishments.
2. The proposed restaurant building provides a contemporary architectural design that is
compatible with existing development and modulation of building masses, elevations,
and rooflines to promote visual interest.
3. When operated in compliance with the recommendations of the acoustical study and
the recommended conditions, the restaurant with the outdoor patio seating and dining
area can operate in compliance with the City's noise standards.
4. The proposed project is conditioned to protect adjacent uses from light and glare.
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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 design, size, location, and operating characteristics of the use are compatible with
the adjacent restaurant uses.
2. Adequate vehicular access to the project site is provided via East Coast Highway and
Bayside Drive.
3. Adequate public and emergency vehicle access, public services, and utilities exist for
the site.
4. The design of the restaurant building will 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. A site-specific acoustical study concluded that with the design and operational noise
control recommendations, the restaurant, with the outdoor patio seating and dining
area, can operate in compliance with the City's noise standards. The design and
operational restrictions have been incorporated in the conditions of approval.
2. A site-specific parking study concluded that with the valet parking management plan and
off-site parking, there will be sufficient off-street parking to accommodate the proposed
land uses, thus avoiding parking impacts on adjacent properties and public streets.
3. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible.
4. 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.
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In accordance with Section 20.52.080.F (Findings and Decision) of the Newport Beach
Municipal Code, the Planning Commission must make the following findings in order to
approve a site development review:
The proposed development is:
1. Allowed within the subject zoning district;
2. In compliance with all of the applicable criteria identified in Section 20.52.080 (C)(2)(c);
and
3. Not detrimental to the harmonious and orderly growth of the City, nor endangers,
jeopardizes, or otherwise constitutes a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood
of the proposed development.
Facts in Support of Findings:
1. The proposed restaurant is allowed in the Commercial Recreational and Marine
Zoning District with the approval of a conditional use permit.
2. Section 20.52.080 (C)(2)(c) identifies the following criteria:
• Compliance with this section, the General Plan, this Zoning Code, any applicable
specific plan, and other applicable criteria and policies related to the use or
structure;
• The efficient arrangement of structures on the site and the harmonious relationship
of the structures to one another and to other adjacent developments, and whether
the relationship is based on standards of good design;
• The compatibility in terms of bulk, scale, and aesthetic treatment of structures on
the site and adjacent developments and public areas,
• The adequacy, efficiency, and safety of pedestrian and vehicular access, including
drive aisles, driveways, and parking and loading spaces;
• The adequacy and efficiency of landscaping and open space areas and the use of
water efficient plant and irrigation materials; and
• The protection of significant views from public right(s)-of-way and compliance with
Section 20.30.100 (Public View Protection).
The development is consistent with the policies of the General Plan and Coastal Land Use
Plan and complies with the land use and development regulations of the Zoning Code.
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The proposed restaurant building provides a contemporary architectural design that is
compatible with existing development and modulation of building masses, elevations, and
rooflines to promote visual interest.
The proposed project will expand and enhance public access by facilitating the development
of, and providing vertical access to, a new public dock and by providing a connection to
planned accessways in the adjacent Back Bay Landing project.
A site-specific parking study concluded that with the valet parking management plan and off-site
parking, there will be sufficient off-street parking to accommodate the proposed land uses, thus
avoiding parking impacts on adjacent properties and public streets.
The project will provide a three (3) foot-high landscaped area between the parking lot and the
southern waterfront to provide screening. Landscaped areas will utilize water efficient plant
and irrigation materials.
The proposed project design will not negatively impact public access to public views to the
ocean, harbor, bay, or other scenic coastal areas.
3. The project, with the recommended conditions, will not be detrimental to the
harmonious and orderly growth of the City, nor endangers, jeopardizes, or otherwise
constitutes a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed
development.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Minor Site
Development Review SD2015-003 and Conditional Use Permit UP2015-030, 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 14 days following the date this Resolution
was adopted 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.
PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF DECEMBER, 2015.
AYES: Brown, Hillgren, Koetting, Kramer, Lawler, Weigand, Zak
NOES: None
ABSTAIN: None
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ABSENT: None
BY:
Kory Kr e , hairm n
BY::
—z;;
ter Koettiry , Secreta
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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. That the "net public area" of the restaurant shall not exceed 9,030 square feet for the
interior of the subject restaurant facility.
3. The outdoor dining deck shall be used only in conjunction with the related adjacent
establishment. The outdoor patio deck dining and seating area shall be limited to 1 ,255
square feet in area.
4. Conditional Use Permit No. UP2015-030 and Site Development Review No. SD2015-003
shall expire unless exercised within 24 months from the date of approval as specified in
Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is
otherwise granted.
5. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
6. 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.
7. This Conditional Use Permit and Site Development Review 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.
8. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Conditional Use Permit and
Site Development Review or the processing of a new Use Permit or Site Development
Review.
9. 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.
10. 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.
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11. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
12. Prior to issuance of a building permit, the applicant shall submit to the Planning
Division an additional copy of the approved architectural plans for inclusion in the Site
Development Review/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 Site Development
Review/Use Permit and shall highlight the approved elements such that they are
readily discernible from other elements of the plans.
13. The hours of operation for the interior of the restaurant shall be limited from 9:00 a.m.
through 2:00 a.m., daily. The last call for alcoholic beverages shall occur one half hour
prior to the closing hour of the restaurant.
14. The hours of operation of the outdoor deck shall be limited to 9:00 a.m, through
midnight, daily.
15. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates,
containers, building materials, trash receptacles, or similar objects shall not be
permitted between 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays, or between
10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays.
16. All windows and doors shall remain closed when recorded music or live entertainment
occurs, or after 10:00 p.m., whichever occurs first.
17. The marina restrooms shall remain private and limited to use by marina lessees.
Access to the restrooms shall be controlled by an electronic card or equivalent system.
18. The development shall incorporate the Preliminary Noise Control Recommendations
identified in `Technical Noise Study for the Proposed Landside Development at Balboa
Marina in the City of Newport Beach, CA" by Wieland Acoustics, Inc. dated October
26, 2015.
19. The sliding glass wall system on south elevation of the restaurant building shall be
replaced with fixed windows.
20. Glass, metal, and other exterior building materials shall not have a high reflective
value that could cause excessive glare.
21. Prior to the issuance of building permits, final noise control recommendations prepared
by a qualified acoustical professional during the final engineering stage of the design,
based on final site plans, architectural plans, and mechanical equipment plans shall be
submitted to the Community Development Department for review and approval.
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22. Location, number and types of dining tables and chairs shall be in substantial
conformance with those depicted on the approved floor plan. The dining tables and
chairs are not permitted to be moved to create standing areas for food and beverage
service to patrons.
23. Outside the restaurant, patrons shall be restricted to the outdoor patio deck dining and
seating area depicted on the approved site and floor plans; access to other areas of
the outdoor patio deck shall be prohibited.
24. The installation of roof coverings shall not have the effect of creating a permanent
enclosure. The use of umbrellas for shade purposes shall be permitted. 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.
25. Live entertainment shall not be allowed in the eating and drinking establishment unless
the operator has first obtained a live entertainment permit from the Revenue Division.
26. Live entertainment shall only be permitted in the bar/lounge area.
27. All doors and windows shall remain closed when live entertainment or recorded music
occurs.
28. All amplified sound shall terminate at 1:00 a.m., daily.
29. No outside paging system shall be utilized in conjunction with this establishment.
30. No amplified sound shall be utilized on the outdoor patio deck.
31. There shall be no dancing allowed on the premises.
32. The applicant/operator shall conspicuously post and maintain signs at all outdoor
dining, waiting, smoking and parking areas indicating to patrons the proximity of the
restaurant and public dock and boat slip areas to the residential areas, requesting
patrons: "Be courteous and respectful of our residential neighbors while outside the
establishment'.
33. All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 of the Newport Beach
Municipal Code.
34. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to
advertise the restaurant facility. Temporary signs shall be prohibited in the public right-
of-way unless otherwise approved by the Public Works Department in conjunction with
the issuance of an encroachment permit or encroachment agreement.
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35. The 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.
36. 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
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 of the Newport Beach Municipal Code. The maximum noise shall be
limited to no more than depicted below for the specified time period unless the ambient
noise level is higher:
Between the hours of 7:OOAM Between the hours of
and 10:00PM 10:00PM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 5OdBA
Residential Property located within 45dBA 60d BA 45dBA 5OdBA
100 feet of a commercial property
Mixed Use Property 45dBA 60d BA 45dBA 5OdBA
Commercial Property N/A 65d BA N/A 60dBA
37. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to 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.
38. Prior to the issuance of a certificate of occupancy for the project, the applicant shall
submit to the Community Development Department and the Office of the City Attorney
for review and approval, a parking agreement guaranteeing the long-term availability
of a minimum of sixteen (16) off-site parking spaces for the project. Upon approval by
the City Attorney, the agreement shall be recorded with the County Recorder's Office.
39. Prior to issuance of a building permit, approval from the California Coastal
Commission shall be required.
40. Prior to the issuance of a building permit, the applicant shall submit a landscape and
irrigation plan prepared by a licensed landscape architect. These plans shall
incorporate drought tolerant plantings and water efficient irrigation practices, and the
plans shall be approved by the Planning Division.
41. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape plan. All landscaped areas shall be maintained in a healthy
and growing condition and shall receive regular pruning, fertilizing, mowing and
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trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation
systems shall be kept operable, including adjustments, replacements, repairs, and
cleaning as part of regular maintenance.
42. 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.
43. 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.
44. 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.
45. 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).
46. 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.
47. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, and 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.
48. 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 Balboa Marina West Landside including, but not limited
to, Use Permit No. UP2015-030 and Site Development Review No. SD2015-003. 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
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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.
49. Prior to the issuance of grading permits, the Planning Division shall be provided evidence
that the construction contractor is trained to identify suspected archaeological resources;
or, a professional archaeological monitor shall be retained to monitor ground-disturbing
construction activities in previously undisturbed native soils. Prior to the issuance of
grading permits, the Planning Division shall verify that the following note is included on
the grading plan(s):
"If suspected archaeological resources are encountered during ground-disturbing
construction activities, the construction contractor shall temporarily halt work in a 100-foot
radius around the find until a qualified archaeologist can be called to the site to assess
the significance of the find, and, if necessary, develop appropriate treatment measures in
consultation with the City of Newport Beach."
The grading contractor shall be responsible for complying with the note. If the
archaeologist determines that the find does not meet the CEQA Guidelines §15064.5(a)
criteria for cultural significance, construction shall be permitted to proceed. However, if
the archaeologist determines that further information is needed to evaluate significance,
the Planning Division shall be notified and a data recovery plan shall be prepared in
consultation with the City, which may include the implementation of a Phase II and/or III
archaeological investigation per City guidelines. All significant cultural resources
recovered shall be documented on California Department of Parks and Recreation Site
Forms to be filed with the California Historical Resources Information System, South
Central Coastal Information Center (CHRIS-SCCIC). The archaeologist shall incorporate
analysis and interpretation of any significant find(s) into a final Phase IV report that
identifies the level of significance pursuant to Public Resources Code § 21083.2(G). The
City and Project Applicant, in consultation with the archaeologist, shall designate
repositories in the event that resources are recovered (Mitigation Measure MM CR-1).
50. During Project grading and construction activities, the construction contractor shall
ensure that possible locations where the underground storage tanks (USTs) may have
been located, either near the existing building or along the western side of the existing
parking lot, as identified by Environmental Engineering & Contracting, Inc. (EEC), are
potholed using heavy equipment to confirm the presence or absence of UST's on the
land-side portion of the Project site. If USTs are discovered, they shall be disposed of
properly per applicable State of California and federal guidelines. The Orange County
Environmental Health Department provides oversight and conducts inspections of all
underground tank removals (Mitigation Measure MM HM-1).
51. The following Condition of Approval shall be placed on the Project's demolition permits.
COA: All demolition permits shall comply with:
a) SCAQMD Rule 1403 with respect to asbestos containing materials.
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b) Title 17, California Code of Regulations (CCR), Division 1, Chapter 8, which
addresses the removal of components painted with lead-based paint (LBP).
c) Title 40 of the U.S. Code of Federal Regulations (40 CFR) regarding the removal
and disposal of PCBs (Mitigation Measure MM HM-2).
Fire Department Conditions
52. Roads shall be capable of supporting 72,000 pounds imposed load for fire apparatus
and designed as per Newport Beach Fire Department Guideline C.01. C.F.C. Sec.
503.2.3.
53. The inside turning radius for an access road shall be 20 feet or greater. The outside
turning radius shall be a minimum of 40 feet. Cul-de-sacs with center obstruction
(islands) will require a larger turning radius as approved by the fire code official (see
NBFD Guideline C.01 & C.F.C. Sec. 503.2.4).
54. On-site fire hydrants and mains shall be capable of supplying the required fire flow
(see NBFD Guideline B.01 for determination of fire flow).
55. Fire hydrants shall be located within 400 feet of all portions of the buildings. C.F.C.
Sec. 507.5.1. The Number of fire hydrants will be determined based upon distances
and fire flow demand.
56. An automatic sprinkler system is required as per C.F.C. Sec. 903.2.1.2.
57. A manual fire alarm system that activates the occupant notification system shall be
installed in Group A occupancies where the occupant load due to the assembly
occupancy is 300 or more. C.F.C. Sec 907.2.1.
58. Changes or additions to boat docks/marina shall meet NBFD Guideline F.01, C.F.C.
Chapter 36, N.F.P.A. 303, and N.F.P.A. 14 and require a fire plan review with an "F
Permit.
59. Group A occupancies main exit shall front on a least one street or an unoccupied
space of not less than 20 feet in width that adjoins a street or public way. C.F.C. Sec.
1028.2
60. Interior finishes and decorative materials shall meet C.F.C. Chapter 8 and C.B.C. Sec.
803.
61. A Type I hood shall be installed at or above all commercial cooking appliances and
domestic cooking appliances used for commercial purposes that produce grease
vapors. C.F.C. Sec. 609.2.
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62. Each commercial kitchen exhaust hood and duct system required by Section 609 to
have a Type I hood shall be protected with an approved automatic fire-extinguishing
system installed in accordance with this code. C.F.C. Sec. 904.2.1.
63. Doors shall swing in the direction of egress travel where serving a room or area
containing an occupant load of 50 or more persons, C.F.C. Sec. 1008.1.2.
64. Doors serving spaces with an occupant load of 50 or more in a Group A occupancy
shall not be provided with a latch or lock unless it is panic hardware or fire exit
hardware. C.F.C. Sec. 1008..1 .10.
65. A Knox box shall be required on the building in a location approved by the fire
department. Keys shall be provided for all exterior entry doors, fire protection
equipment control rooms, mechanical and electrical rooms, elevator controls and
equipment spaces. C.F.C. Sec. 506.1.
66. Every room or space which is used for assembly, dining, drinking, or similar purposes
having an occupant load of 50 or more shall have the occupant load of the room or
space posted in a conspicuous place, near the main exit or exit access doorway from
the room or space.
67. Fire Lanes shall be identified as per NBFD Guideline C.02. C.F.C. Sec. 503.3.
68. Fire extinguishers shall be required for both structures (restaurant and restroom) and
shall be included on the plans submitted for plan check. C.F.C. Sec. 906.1.
69. All weather access roads shall be installed and made serviceable prior to and during
time of construction. C.F.C. Sec. 3310.1.
70. Detailed plans of underground fire service mains shall be submitted to the Newport
Beach Fire Department for approval prior to installation. The underground mains are a
separate review by the fire department requiring an "F" Permit and are not part of the
Precise grading review.
Police Department Conditions
71. The operator of the establishment shall secure and maintain an Operator License
pursuant to Chapter 5.25 of the Municipal Code.
72. The Operator License required to be obtained pursuant to Chapter 5.25 of the Municipal
Code, may be subject to additional and/or more restrictive conditions such as a security
plan to regulate and control potential late-hour nuisances associated with the operation of
the establishment.
73. 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
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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
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.
74. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
75. Any activities outside the normal operational characteristics of the approved use, as
conditioned, conducted outside of the building shall require a special event permit.
76. 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.
77. 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, and debris from
the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall
be removed within 48 hours of written notice from the City.
78. 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.
79. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks and areas
surrounding the alcoholic beverage outlet and adjacent properties during business
hours.
80. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
81. Strict adherence to maximum occupancy limits is required.
82. The applicant/operator shall install and maintain a security camera system with a one-
month recording retention and signage approved by the Police Department.
Building Division Conditions
83. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City-
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adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
84. The applicant shall employ the following best available control measures ("BACMs") to
reduce construction-related air quality impacts:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt deposits
on any public roadway.
• Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off road equipment.
• Limit allowable idling to 30 minutes for trucks and heavy equipment
Off-Site Impacts
• Encourage car pooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off-site.
• Sweep access points daily.
• Encourage receipt of materials during non-peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
• The number and type of equipment for dirt pushing will be limited on any day to
ensure that SCAQMD significance thresholds are not exceeded.
• Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10 percent soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
85. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan
(SWPPP) and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality Control
Board for approval and made part of the construction program. The project applicant
will provide the City with a copy of the NOI and their application check as proof of filing
with the State Water Quality Control Board. This plan will detail measures and
practices that will be in effect during construction to minimize the project's impact on
water quality.
86. Prior to issuance of grading permits, the applicant shall prepare and submit a Water
Quality Management Plan (WQMP) for the proposed project, subject to the approval of
the Building Division and Code and Water Quality Enforcement Division. The WQMP
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shall provide appropriate Best Management Practices (BMPs) to ensure that no
violations of water quality standards or waste discharge requirements occur.
87. A list of "good house-keeping practices will be incorporated into the long-term post-
construction operation of the site to minimize the likelihood that pollutants will be used,
stored or spilled on the site that could impair water quality. These may include
frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use
of harmful fertilizers or pesticides, and the diversion of storm water away from potential
sources of pollution (e.g., trash receptacles and parking structures). The Stage 2
WQMP shall list and describe all structural and non-structural BMPs. In addition, the
WQMP must also identify the entity responsible for the long-term inspection,
maintenance, and funding for all structural (and if applicable Treatment Control) BMPs.
88. Prior to the issuance of any grading permit or building permit for new construction, the
Community Development Department shall confirm that the grading plan, building
plans, and specifications stipulate that:
a. All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained mufflers and other State- required noise attenuation
devices.
b. During the construction phase, the Project Applicant shall ensure that
construction hours, allowable work days, and the telephone number of the job
superintendent are clearly posted at all construction entrances to allow
residents to contact the job superintendent. If the job superintendent receives a
complaint, the superintendent shall investigate, take appropriate corrective
action, and report the action to the appropriate party.
C. When feasible, construction haul routes shall be designed to avoid noise
sensitive uses (e.g., residences, convalescent homes, etc.).
d. During construction, stationary construction equipment shall be placed such
that emitted noise is directed away from sensitive noise receivers.
e. Construction activities that produce noise shall not take place outside of the
allowable hours specified by the City's Municipal Code Section 10.28.040 (7:00
a.m. to 6:30 p.m. on weekdays, 8:00 a.m. to 6:00 p.m. on Saturdays;
construction is prohibited on Sundays and/or federal holidays).
Public Works Conditions
89. Prior to the issuance of a building permit, a revised Valet Parking Management Plan
shall be submitted to the City Traffic Engineer for review and approval. The revised
Valet Parking Management Plan shall identify:
a. How the plan will be flexible and adjusted based on parking demand.
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b. How the parking areas will transition from self-parking to valet parking.
90. The applicant shall provide an offer to dedicate (OTD) a minimum eight (8) foot-wide
public access easement connecting the public dock to East Coast Highway. The
dedication shall include a connection to the Back Bay Landing property to the north.
91. No off-street parking spaces shall be permitted to have bumper overhangs within the
public access easement.
92. Prior to commencement of demolition and grading of the project the applicant shall
submit a construction management and delivery plan to be reviewed and approved by
the Public Works Department. The plan shall include discussion of project phasing;
parking arrangements for both sites during construction; anticipated haul routes and
construction mitigation. Upon approval of the plan, the applicant shall be responsible
for implementing and complying with the stipulations set forth in the approved plan.
93. Traffic control and truck route plans shall be reviewed and approved by the Public
Works Department before their implementation. Large construction vehicles shall not
be permitted to travel narrow streets as determined by the Public Works Department.
Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagman.
94. The final plans submitted for review and approval to the Community Development
Director shall include a detailed signage plan that directs the public to the public
access easement on the project site. A minimum of one (1) sign shall be included that
is located and of sufficient size to be visible from the East Coast Highway sidewalk.
Signs shall invite and encourage public use of the access opportunity and shall identify
and direct the public to the public dock. Signs and displays regarding public access not
explicitly permitted in signage plan shall require an amendment to this permit unless
the Community Development Director determines that no amendment is required.
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