HomeMy WebLinkAbout2016-28 - Upholding and Modifying, in Part, the Planning Commission’s Approval of 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 ReductionRESOLUTION NO. 2016-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, UPHOLDING AND
MODIFYING, IN PART, THE PLANNING COMMISSION'S
APPROVAL OF 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)
WHEREAS, 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 for 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;
WHEREAS, on December 17, 2015, the City's Planning Commission held a public
hearing in the Council Chambers located at 100 Civic Center Drive, Newport Beach to consider
Minor Site Development Review SD2015-003 and Conditional Use Permit UP2015-030. A
notice of time, place and purpose of the public hearing was given in accordance with the
Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this public hearing. At the conclusion of the
public hearing, the Planning Commission adopted Resolution No. 2006 approving Minor Site
Development Review SD2015-003 and Conditional Use Permit UP2015-030;
WHEREAS, on December 23, 2015, the Linda Isle Homeowners Association filed an
appeal of the Planning Commission's approval of Minor Site Development Review SD2015-
003 and Conditional Use Permit UP2015-030;
WHEREAS, on February 9, 2016, the City Council held a public hearing in the City
Council Chambers located at 100 Civic Center Drive, Newport Beach.. to consider Linda Isle
Homeowners Association's appeal. A notice of time, place and purpose of the public hearing
was given in accordance with the NBMC. Evidence, both written and oral, was presented to,
and considered by, the City Council at this public hearing; and
WHEREAS, pursuant to NBMC Section 20.64.030(C)(3), the public hearing held by the
City Council was conducted "de novo," meaning the public hearing was new and the decision
being appealed had no force or effect as of the date the appeal was filed.
NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
Resolution No. 2016-28
Page 2 of 7
SECTION 1: In accordance with NBMC Section 20.48.030 (Alcohol Sales), the following
findings and facts in support of such findings are set forth:
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
NBMC Section 20.48.030 (Alcohol Sales) is maintained and that a healthy environment
for residents and businesses is preserved.
2. Adjacent uses within one hundred (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 (2) of the
five (5) on -sale establishments are located in close proximity to the project site and the
other three (3) establishments are located at the Balboa Yacht Basin and Bayside
Shopping Center; 0.7 miles and 0.6 miles away, respectively.
4. The City Council considered all of the factors specified by NBMC Section 20.48.030
and found that alcoholic beverage sales at the proposed restaurant are consistent with
the purpose and intent of that section.
5. That operating under the applicable regulations of the NBMC 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.
SECTION 2: In accordance with NBMC Section 20.52.020(F) (Conditional Use Permit,
Findings and Decision), 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 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
Resolution No. 2016-28
Page 3 of 7
bay. The CM land use category is implemented by the Commercial Recreational and
Marine (CM) Zoning District. Food service, late hours uses (Le., the restaurant) and
marina support facilities (Le., 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.
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 CM 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 CM 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 CM
Zoning District.
4. In accordance with NBMC Section 20.40.110 (Adjustments to Off -Street Parking
Requirements), the reduction in the amount of off-street parking is appropriate Niue 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 complies with NBMC's standards for eating and
drinking establishments.
Resolution No. 2016-28
Page 4 of 7
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.
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.
Resolution No. 2016-28
Page 5 of 7
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.
8. 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 correcl
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 3: In accordance with NBMC Section 20.52.080(F) (Findings and Decision),
the following findings and facts in support of such findings are set forth:
The proposed development is:
1., Allowed within the subject zoning district,
2. In compliance with all of the applicable criteria identified in NBMC Section 20.52.080
(C)(2)(c); and
vim 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.
The proposed restaurant is allowed in the Commercial Recreational and Marine
Zoning District with the approval of a conditional use permit.
2, NBMC 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;
Resolution No. 2016-28
Page 6 of 7
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
a
the relationship tionship is based an standards of good design;
The corripatibility 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
NBMC 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,
The proposed restaurant building provides a contemporary architectural design that is
compatible with existing development and modulation of building masses, elevations, and
rooffines 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 accesswaysin 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 pr,')ject 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 no ' t be detrimental to the
harmoniOLIs and orderly�,grow_th of the City, nor endangers, jeopardizes, or Otherivise
constitutes a hazard to the public convenience, health, interest, safety, or general
welfare of persons resid'ng:, or working in the neighborhobd of the proposed
development.
Resolution No. 2016-28
Page 7 of 7
SECTION 4: The City Council of the City of Newport Beach hereby denies Linda Isle
Horneowners Association's appeal and upholds and affirms, with modification, the decision of
the Planning Commission to approve 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.
SECTION 5: Mitigated Negative Declaration No. ND2013-002 (SCH NO. 2014081044)
.was prepared for 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
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subsequent negative declaration for the project is not required to be prepared pursuant to
California Environmental Quality Act ("CEQX) 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 charges" 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.
SECTION 6: Pursuant to NBMC Section 20.64.030, this resolution supersedes the
Planning Commission Resolution No. 2006.
SECTION 7: The recitals provided above are true and correct and incorporated into the
operative part of this resolution.
SECTION 8: if any section, subsection, sentence, clause or phrase of this resolution is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this resolution. The City Council hereby declares
that it would have passed this resolution, and each section, subsection, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid or unconstitutional.
SECTION 9: This resolution shall take effect immediately upon its adoption by the City
Council and the City Clerk shall certify the vote adopting the Tesolution.
ADOPTED this 91h day of February, 2016.
Diane B. Dixon
Mayor
ATTEST;
l
Leiiani 1. Brown
City Clerk
Attachment: Exhibit A: Conditions of Approval
EXHIBIT A
MINOR SITE DEVELOPMENT REVIEW SD2015-003 AND
CONDITIONAL USE PERMIT UP2015-030
CONDITIONS OF APPROVAL
Planning Division Conditions
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.
3. 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.
Exhibit A — Page 1 of 13
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.
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 the south elevation of the restaurant building
shall be converted to fixed windows and constructed with triple -glazed glass or a
window system with a Sound -Transmission Class (STC) rating equal to triple -
glazed glass. The sliding glass wall system on the west elevation of the
southwest corner of the restaurant building shall include a locking system.
Exhibit A — Page 2 of 13
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.
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".
Exhibit A — Page 3 of 13
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.
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:
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.
Exhibit A — Page 4 of 13
Between the hours of 7:OOAM
and 10:OOPM
Between the hours of
10:OOPM and 7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
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.
Exhibit A — Page 4 of 13
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 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.
Exhibit A — Page 5 of 13
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
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 .I.I 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
Exhibit A — Page 6 of 13
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.
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.
Exhibit A — Page 7 of 13
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.
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.
Exhibit A — Page 8 of 13
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 California Coordinating Council on Responsible Beverage
Sewice 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
uport request by a representative of the City of Newport Beach.
7 . No alcoholic beverages shall be consumed on any property adjacent to the
Jicensed 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
der{mit.
76. The ~Auarterjy dross 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
Exhibit R — Page 9 of 13
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 -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
Exhibit A — Page 10 of 13
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.
�lacement Sandbag construction sites for erosion control.
Fill
• 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 NO[ 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 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:
Exhibit A — Page 11 of 13
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.
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;
Exhibit A — Page 12 of 13
anticipated haul routes and construction mitigation. Upon approval of the plan,
the applicant small 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.
Harbor Resource Condition
95. The applicant shall conduct pre -construction and post -construction inspections of
that portion of the Linda Isle seawall that is adjacent to the new pilings in the
marina private dock expansion area.
Exhibit A — Page 13 of 13
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. 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. 2016-28 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 gth day of February, 2016, and that the
same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 10th day of February, 2016.
WtL ehr'--
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)
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