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HomeMy WebLinkAbout2016-91 - Approving Site Development Review No. SD2016-005, Conditional Use Permit No. UP2016-015 for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061)RESOLUTION NO. 2016-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING SITE DEVELOPMENT REVIEW NO. SD2016-005, CONDITIONAL USE PERMIT NO. UP2016-015 FOR THE LIDO HOUSE HOTEL LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2016-061) WHEREAS, an application was filed by Olson Real Estate Group, Inc. on behalf of Lido House, LLC ("Applicant') with respect to property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street on the Balboa Peninsula in the Lido Village area of the City of Newport Beach ('Property"). The subject property is described in Exhibits A-1 and A-2 of this resolution; WHEREAS, the Applicant requests approval of a General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, and amendments to Site Development Review No. SD2014-001 and Conditional Use Permit No. 2014-004 that previously authorized the construction and operation of a 130 -room at the Property called the "Lido House Hotel;" WHEREAS, the Applicant requests a 4,745 square foot increase in the maximum allowable development of the site from 98,625 square feet to 103,470 gross square feet for the Lido House Hotel ('Project'); WHEREAS, the Planning Commission held a public hearing on June 23, 2016, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the public hearing was provided in accordance the Newport Beach Municipal Code ("NBMC"). At the conclusion of the hearing, the Planning Commission voted unanimously (7-0) to adopt Planning Commission Resolution No. 2020 recommending adoption of Addendum No. 1 to the Certified Environmental Impact Report and approval of the requested applications; WHEREAS, the City Council held a public hearing on July 26, 2016, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the public hearing was provided in accordance with the NBMC; WHEREAS, Addendum No. 1 to the Certified Environmental Impact Report was adopted by the City Council on July 26, 2016, by Resolution No. 2016-88 and the recitals and findings made are incorporated herein by reference; WHEREAS, Site Development Review No. SD2016-005 and Conditional Use Permit No. UP2016-015 increases the maximum allowable floor area for the Lido House Hotel from 98,625 to 103,470 gross square feet consistent with the approval of General Plan Amendment No. GP2016-001 and Coastal Land Use Plan Amendment No. LC2016-001. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council of the City of Newport Beach hereby approves Site Development Review No. SD2016-005, Conditional Use Permit No. UP2016-015, based upon the findings attached as Exhibit B and subject to the conditions of approval attached as Exhibit C incorporated herein by reference. Section 3: Site Development Review No. SD2016-005 and Conditional Use Permit No. UP2016-015 shall be effective upon Coastal Commission certification of Coastal Land Use Plan Amendment No. LC2016-001. Section 4: Pursuant to California Environmental Quality Act ("CEQK) Guidelines Section 15062, the changes to the Project are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent Environmental Impact Report ("EIR") does not need to be prepared. The City prepared and certified a final EIR for the Project (SCH#2013111022). State CEQA Guidelines allow for the updating and use of a previously certified EIR for projects that have changed or are different from the previous project. In cases where changes or additions occur with no new significant environmental impacts, an Addendum to a previously certified EIR may be prepared pursuant to CEQA Guidelines Section 15164. The City prepared Addendum No. 1 to the Lido House Hotel final EIR for the modified project concludes that no new environmental impacts and no impacts of greater severity would result from approval and implementation of the larger hotel project. Section 5: The City Council of the City of Newport Beach authorizes staff to correct any typographical or scrivener's errors in compiling the final documentation, without the need for further review or approval by the City Council. Section 6: 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 7: This resolution shall be effective upon Coastal Commission certification of Coastal Land Use Plan Amendment No. LC2016-001, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 26th day of July, 2016. ATTEST: r lane B. Dixon, Mayor EXHIBIT A-1 LEGAL DESCRIPTION "LEASE PARCEL" THAT PORTION OF LOTS 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, TOGETHER WITH THOSE PORTIONS OF LOT 1 IN BLOCK "A" AND "THE HUDSON" OF MAP OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, THAT PORTION OF LOT 3 OF TRACT NO, 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS AND THAT PORTION OF A 20,00 FOOT ALLEY, AS VACATED BY THAT CERTAIN RESOLUTION NO. 3280 OF THE CITY COUNCIL OF SAID CITY, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS, ALL OF RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 3, THENCE ALONG THE WESTERLY LINE OF SAID LOT 3, NORTH 00°09'03" EAST 128.00 FEET TO THE WESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "N89015'30"E 90.00 FEET" ON THE SOUTHERLY BOUNDARY OF PARCEL 1 OF PARCEL MAP RECORDED IN BOOK 85, PAGES 1 AND 2 OF PARCEL MAPS, RECORDS OF SAID COUNTY AND BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 1, THE FOLLOWING FOUR (4) COURSES: (1) NORTH 00°09'03" EAST 53.55 FEET, (2) NORTH 39053'38" WEST 108.61 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 351.15 FEET, (3) NORTHWESTERLY 306.25 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49°58'10" AND (4) NORTH 89°51'48" WEST 97.67 FEET TO THE MOST NORTHEASTERLY CORNER THAT CERTAIN IRREVOCABLE OFFER OF DEDICATION TO THE CITY OF NEWPORT BEACH RECORDED SEPTEMBER 18, 2014 AS INSTRUMENT N0, 2014000378678, OF OFFICIAL RECORDS OF SAID COUNTY; I OF 4 April 19, 2016 M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PLdocx THENCE ALONG THE EASTERLY LINE OF SAID IRREVOCABLE OFFER OF DEDICATION THE FOLLOWING TWO (2) COURSES: (1) SOUTH 00°26'22" WEST 47.25 FEET, (2) NORTH 88"31'14" WEST 8.13 FEET TO AN ANGLE POINT THEREIN; THENCE LEAVING SAID EASTERLY LINE SOUTH 01"27'07" WEST 12.14 FEET; THENCE SOUTH 49026'59" WEST 22.96 FEET TO A POINT IS SAID EASTERLY LINE, SAID POINT BEING ON A NON -TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 2724.04 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 82033'58" WEST; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING SEVEN (7) COURSES: (1) SOUTHERLY 89.31 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 01°52'43" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 58.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 84026'40" EAST, (2) SOUTHERLY 13.75 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°35'10", (3) SOUTH 19°08'30" WEST 36.43 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 42.00 FEET, (4) SOUTHERLY 10.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°50'20" TO THE BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 2736.04 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 85°41'50" WEST, (5) SOUTHERLY 62.82 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01.18'56" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 873.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 87000'46" EAST, (6) SOUTHERLY 74.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04"53'58" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 37.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 82"06'48" WEST, (7) SOUTHERLY 9.24 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°18'33" TO AN ANGLE POINT IN SAID EASTERLY LINE; 20F4 April 19, 2016 M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx THENCE CONTINUING ALONG SAID EASTERLY LINE AND THE SOUTHERLY PROLONGATION THEREOF, NON TANGENT TO SAID CURVE, SOUTH 39°29'57" EAST 40.40 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 37.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 17°2448" WEST, THENCE EASTERLY 9.24 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14'18'32"; THENCE SOUTH 86053'44" EAST 46.04 FEET, THENCE NORTH 26056'46" WEST 20.77 FEET; THENCE SOUTH 86656'46" EAST 180.71 FEET; THENCE SOUTH 26656'46" EAST 21.18 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 8,50 FEET; THENCE SOUTHEASTERLY AND EASTERLY 9.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62055'0211; THENCE SOUTH 89'51'48" EAST 118.46 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 700.00 FEET; THENCE EASTERLY 57.71 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04'43'26'; THENCE NORTH 38°56'26" EAST 12.78 FEET; THENCE NORTH 82044'09" EAST 9.41 FEET, THENCE SOUTH 07°15'51" EAST 5.48 FEET; THENCE NORTH 84041'29" EAST 41.64 FEET; THENCE NORTH 00000'01" WEST 5.47 FEET; 3OF4 April 19, 2016 M:\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.d= THENCE NORTH 89059'59" EAST 5.25 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 48.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 87005'54" EAST; THENCE NORTHWESTERLY 27.22 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32°29'36" TO A POINT OF NON -TANGENCY, A RADIAL LINE TO SAID POINT BEARS NORTH 60°24'30" EAST, THENCE NORTH 00043'30" EAST 29.78 FEET; THENCE SOUTH 89°58'22" EAST 9.24 FEET; THENCE NORTH 00'00'08" EAST 81.62 FEET TO SAID SOUTHERLY BOUNDARY OF PARCEL 1; THENCE ALONG SAID SOUTHERLY BOUNDARY NORTH 89°50'57" WEST 12.85 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 171,504 SQUARE FEET, 3.972 ACRES MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO CONVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. DATED THIS DAY OF 2016 14 �. KURT R. TROXELL, L.S. 7854 40F4 April 19, 2016 M;\Mapping\1100\04\Legals\LEASE\1100-004 Lease PL.docx VIA ' OPORTO ��- - - TRACT ND, 1117 S'LY LINE /SEE �\\ P.M BPARCEL 85/1 L07 I $ /DETAIL "C" I M.M. 36 / 48 SH 2 t 1 T.P.O.B. L20 9 L7 128.00' N00'09`03eE .55' �ALLEY VACATED PER ' I O.R. REC. 3-11- 46 ��P.O.C., ` � Q , S'WLY COR. SO4'35'14"E (R)� LOT 3, TR NO. 1117, - o S'LY LINE M.M. 35/48 Z PARCEL 1 0 P.M.B. 85/1 LL v � n V'> NW I— y� WI Im U) i '� \0 6 I I i` O O U cc ��O w >, E'LY LINE OFFER OF W 0 C: c�� DEDICATION RTOOVTHE BCITY OF NEWPORT r' rL I � �. BEACH, FOR STREET AND HIGHWAY ¢ 3 m SEE PURPOSES, , NST NO. 21314000378578, O.R. m z / DETAIL "A" a' SHEET 2 OF 2jaz g rs gI SEE ¢ I i ia^ 001 ' DETAIL "B" y>a +3LC2 / C4 3 a W W — Z NEWPORT - BOULEVARD I NOTE: SEE LINE AND CURVE TABLE ON SHEET 3 OF 3I °Ig EXHIBIT 'A-2' DATE: March 28, 2016 FUSCOE SCALE: 1'=8a_ SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN: ttoo,004.ot �I'". LEASE PARCEL DRAWN BY: R1L I R 6 1 a i t e 1 6 6 CHECKED BY: JLU 16795 Von Roman, S"Je 100, Irvine, C &6 ia92606 LIDO HOUSE HOTEL 1.1949474.1960 o fox 949,474.5315 a»ww.fueme.<orn NEWPORT BEACH, CA SHEET 1 OF 3 \MAPPING\1100\04\LEGALS\LEASE\11DD-004 LME BNDRY.DWG (04-18-16) i L3 II II I \ OFFER OF OEDICABON, / \ INST, N0. 2014000378689, O.R. / N87b554"EJR)I\ ----L1 ��, i L16\ / L78 L17 1 �----- \ - -- 126.00' L15 --- NOO'09'03"E 181.55' ' 1 P" - SW'LY COR, L1 i J LOT 3, TR NO. 1117, i M.M. 35/48 LI2 Ltd \ \ i / DETAIL "A" ---M=Mmd-Z- AE: 1= DETAIL "C" SGA—L R C7 II\ S83-93VW(R)�yy \ N62ro6'48"W (PRC I / 1 C6, / \ C5 \ i DETAIL "B" CA$ L-11"=40 'III, 1 I IDATE:August 24, 2014 EXH I BIT A-2 SCALE: 1"=80• FUSCOE SKETCH TO ACCOMPANY LEGAL DESCRIPTION JN: 1100.004.01 INSIRIENING LEASE PARCEL DRAWN BY: RACHECKED BY: JLU 76795 Von Kormon, $0. 100, Irvma C"lifemfa 42606 LIDO HOUSE HOTEL W 949,474.1960a 1a" 949 474,53t5 "w.,.Ju, e,� NEWPORT BEACH, CA SHEET 2 OF 3 M:\MAPPING\1100\04\LEGAL.5\LEASE\1100-004 LEASE BNDRl.DWG (04-18-16) M:\MAPPING\1100\0c\LEGALS\LEASE\1100-004 LEASE 9NDRY.DWG (D4-18-16) EXHIBIT B Required Findings for Site Development Review No. SD2016-005 and Conditional Use Permit No. UP2016-015. Site Development Review Finding: A. Allowed within the subject Zoning district; Facts in Support of Finding: The site is within the CV -LV (Visitor Serving Commercial - Lido Village) zoning district and Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) allows visitor accommodations subject to the approval of a Conditional Use Permit. Finding: B. In compliance with all of the applicable criteria (below]: a. 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; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas, d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f. The protection of significant views from public right(s)-of-way and compliance with Section 20.30. 100 (Public View Protections); and Facts in Support of Finding: The proposed 130 -room hotel project is consistent with the Visitor Serving Commercial -Lido Village (CV -LV) General Plan land use designation, CV -LV (Visitor Serving Commercial - Lido Village) Coastal Land Use Plan category, and the CV -LV (Visitor Serving Commercial - Lido Village) zoning district for the project site that provides for the horizontal or vertical intermixing of commercial, visitor accommodations, residential, and/or civic uses. Civic uses could include, but are not limited to, a community center, public plazas, a fire station and/or public parking. 2. The proposed CV -LV (Visitor Serving Commercial - Lido Village) zoning district includes setback standards (zero to 35 feet depending on height), open space (20% of the site) and building height standards (55 feet to flat roofs, 60 feet for sloping roofs and up to 65 feet for architectural features). The proposed hotel building will be setback more 69 feet from Newport Boulevard, more than 15 feet from 32nd Street, and more than 62 feet from the northerly (interior) property line all in excess of the proposed standards. The height of the sloping roof of the 4 -story portion of the proposed hotel is less 58 feet, 5 inches and all other portions of the hotel are below this height. Lastly, the proposed site plan provides approximately 21.4% of the site as open space consisting of hardscape and landscaping between the hotel and Newport Boulevard and 32n Street in compliance with the proposed open space standard. 3. The project is compatible with surrounding development and public spaces in terms of bulk, scale and aesthetic treatments. The large setbacks identified in statement B-2 above will help offset the taller portions of the proposed buildings. Hotel buildings have been designed with a one, two and three story element along Newport Boulevard while providing a significant setback from the street providing areas for public access, landscaping, outdoor dining, and hotel use. The proposed building is over 69 feet from the Newport Boulevard. The portions of the hotel structure that will be three and four stories are located along the northerly and easterly portion of the site away from public spaces and closer to the back of the abutting shopping center that is developed with large buildings with heights close to 35 feet. Additionally, these taller components will be approximately 240 feet from planned residential uses east of Via Oporto. Based upon the project drawings, all elevations of proposed buildings will include consistent architectural treatments, articulation and modulation of building masses providing visual interest with a coastal architectural theme specified by the Lido Village Design Guidelines. 4. The project retains the two large ficus trees designated by Council Policy G-1 as Landmark Trees. The proposed project also retains the 10 existing tall date palm trees, and provides pedestrian areas, seating areas, and enhanced pavement increasing the aesthetic and use qualities of the setback area. The setback area also provides pedestrian connections from the intersection of Newport Boulevard and 32nd Street along the streets in furtherance of the goals of the Lido Village Design Guidelines. Lastly, the building elevations include a lighthouse architectural feature, simple gable roofs, tight overhangs, simple block massing, and wood siding all with a clear coastal theme consistent with the Lido Village Design Guidelines. 5. Access to the site, on-site circulation, and parking areas are designed to provide standard -sized parking spaces consistent with the Zoning Code, 26 -foot -wide, two- way driveways, and the minimum vehicle turning radius to accommodate and provide safe access for residents and guests (including the disabled), emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. 6. The project is subject to the City's Water -Efficient Landscape Ordinance (Chapter 14.17 of NBMC) and compliance will be confirmed at plan check prior to issuing building permits. 7. Consistent with Section 20.30.100 (Public View Protections), the Draft EIR (Section 5.2 Aesthetics/Light and Glare) provides an analysis of potential impacts to public views from Sunset View Park, Cliff Drive Park and Ensign View Park. Based upon that analysis, the proposed hotel will blend into the urban background and not block any important focal points including the horizon within existing public views from these vantages. Additionally, there are other taller buildings in the vicinity suggesting that proposed building would not be out of character despite the proposed increase in building height. Specifically, 601 & 611 Lido Park Drive and 3388 Via Lido are taller than the proposed height of the project. No significant public views through or near the project site are present in the immediate vicinity of the site. For these reasons, the analysis concludes that there will be no material impact to public coastal views. Finding: C. The proposed development is not 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 development. Facts in Support of Finding: 1. The hotel project is consistent with the Lido Village Design guidelines by providing architecturally pleasing project with a coastal theme with articulation and building modulation to enhance the urban environment consistent with the Lido Village Design Guidelines. The project provides a large enhanced setback area between the hotel and Newport Boulevard and 32nd Street that will include pedestrian paths, seating and landscape areas that will create a community focal point and providing connections to abutting uses. 2. The project site is located in a developed commercial area with limited sensitive land uses located nearby. The overall height of the project will not materially impact any public views from General Plan designated vantages or significantly shade surrounding properties as demonstrated in Section 5.2 Aesthetics/Light and Glare of the Lido House Hotel EIR. 3. The proposed surface parking lot provides 148 parking spaces (some tandem) and through the use of valet parking that can facilitate additional on-site vehicles will accommodate 100% of the project's anticipated parking demand based upon the parking analysis contained in Section 5.5 Traffic/Circulation of the Lido House EIR. Additionally, the parking lot and vehicular access thereto has been designed to accommodate and provide safe access for passenger vehicles, emergency vehicles, delivery trucks, and refuse collection vehicles, as determined by the City Traffic Engineer. 4. Direct vehicular access to Via Lido Plaza will be provided an existing driveway and easement located just west of the intersection of Finley Avenue and Newport Boulevard. The main entry to the hotel at Finley Avenue includes 16 parking spaces and area to accommodate approximately 23 cars west of a proposed parking gate to accommodate short-term registration and valet parking and vehicle circulation without conflicting with vehicle access to Via Lido Plaza. The parking control gate at 32nd Street is designed and setback sufficiently to accommodate 2 cars, fire vehicle access, and delivery trucks to avoid conflicts along 32nd Street. 5. Closing the site to unrestricted vehicular access by the public through the site to 32nd Street would discontinue direct vehicular access to Via Lido Plaza through an existing access gate located near Fire Station No. 2. Despite the closure of this access point, adequate vehicular access to Via Lido Plaza for cars, delivery trucks and emergency vehicles is currently provided by an existing driveway at Finley Avenue and an existing driveway from Via Lido. Large delivery trucks and fire trucks can access both parking areas at Via Lido Plaza based upon information contained in a letter from Fuscoe Engineering dated April 27, 2014, that is included as part of the Response to Comments within the FEIR. 6. The project is subject to the City's Outdoor Lighting requirements contained within Section 20.30.070 (Outdoor Lighting) of the Zoning Code. 7. Roof -top mechanical equipment will be fully enclosed or screened from view consistent with the Municipal Code. 8. The construction will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval shall be complied with. Conditional Use Permit Finding: D. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code. Facts in Support of Finding: 1. The hotel with its restaurant, bar and lounges has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code is maintained and that a healthy environment for residents and businesses is preserved. While the proposed hotel is located in an area which has a higher concentration of alcohol licenses than some areas, the hotel will not operate a "public premises" and appropriate licensing and enforcement will be administered by the State Department of Alcoholic Beverage Control. The location of the project in relationship to residential zoning districts, day care centers, hospitals, park facilities, places of worship, schools, other similar uses and uses that attract minors has been considered. Operational conditions recommended by the Police Department for the sale of alcoholic beverages, including the requirement to obtain an Operator License, will ensure compatibility with the surrounding uses and minimize alcohol related incidents. 2. The subject property is located in an area with a variety of land uses including commercial, retail, residential, and access the beach and bay. The operational characteristics have been conditioned to maintain the compatibility of the proposed use with surrounding land uses. Finding: E. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The proposed 130 -room hotel project is consistent with the proposed Visitor Serving Commercial -Lido Village (CV -LV) General Plan land use designation, CV - LV (Visitor Serving Commercial - Lido Village) Coastal Land Use Plan category, and the CV -LV (Visitor Serving Commercial - Lido Village) zoning district for the project site that provides for the horizontal or vertical intermixing of commercial, visitor accommodations, residential, and/or civic uses. Civic uses may include, but are not limited to, a community center, public plazas, a fire station and/or public parking. 2. The project site is not located within a Specific Plan area. 3. The proposed land use and zoning amendments and hotel is consistent with the goals and policies of the Newport Beach General Plan. The City Council concurs with the conclusion of the consistency analysis of the proposed project with these goals and policies provided in the FEIR. The mitigation measures specified in the Mitigation Monitoring and Reporting Program have been incorporated as conditions of approval. Finding: F. 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. See statements A-1, B-2, and B-7 in support of this finding. 2. As conditioned, the proposed project will comply with applicable Newport Beach Municipal Code standards. See also statements C-6, C-7, and C-7 in support of this finding. 3. The Zoning Code specifies that parking for a hotel be specified by Conditional Use Permit with the purpose to ensure that parking is adequately provided to meet demand. The proposed surface parking lot provides 148 parking spaces (some tandem) and through the use of valet parking that can facilitate additional on-site vehicles will accommodate 100% of the project's anticipated parking demand based upon the parking analysis contained in Section 5.5 Traffic/Circulation of the Lido House EIR. Additionally, the parking lot and vehicular access thereto has been designed to accommodate and provide safe access for passenger vehicles, emergency vehicles, delivery trucks, and refuse collection vehicles, as determined by the City Traffic Engineer. 4. The proposed hotel will provide alcohol sales in conjunction with late night hours and as such, the operator is required to obtain an Operator License from the Police Department pursuant to Chapter 5.25. This requirement is included in the conditions of approval. Finding: G. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. See facts in support of Finding A, B, C, D, E and F above. Finding: H. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The project site is approximately 4.25 acres in size and can accommodate the proposed hotel building, and adequate parking based upon project's anticipated parking demand based upon the parking analysis contained in Section 5.5 Traffic/Circulation of the Lido House EIR. Additionally, the site also accommodated a large enhanced setback area comprising 21.4% of the site for public walkways, landscaping, and open space. 2. The site is directly accessible from Newport Boulevard at the signalized intersection with Finley Avenue. Additionally, the site is directly accessible from 32nd Street. Adequate public and emergency vehicle access, public services, and utilities exist to accommodate the proposed hotel development as concluded by the Lido House Hotel FEIR NO. ER2014-003 (SCH#2013111022). The site includes Fire Station No. 2 and proposed modifications to the vehicle access of the fire station can be accommodated at Via Oporto and 32nd Street. Finding I. 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. See facts in support of Findings A, B, C, D, E, F and H above. 2. The use authorized by this permit is not a nightclub and its prohibition will avoid potential land use conflicts, nuisances, and police intervention potentially associated with nightclubs. EXHIBIT C Conditions of Approval Site Development Review No. SD2016-005 Conditional Use Permit No. UP2016-015 Planning Division 1. The hotel development shall be in substantial conformance with the approved plans attached as Exhibit C to City Council Resolution No. 2014-82 except as modified by applicable conditions of approval. 2. Site Development Review No. SD2016-005 and Conditional Use Permit No. UP2016-015 shall expire unless exercised within 24 months from the date of approval of a Coastal Development Permit unless an extension is otherwise granted by the Community Development Director or the Planning Commission by referral or appeal. 3. Prior to the issuance of building permits, approval from the California Coastal Commission is required. 4. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. Development shall be implemented in compliance with all mitigation measures contained within the approved Mitigation Monitoring and Reporting Program of the Lido House Hotel, Final Environmental Impact Report No. ER2014-003 (SCH#2013111022). 6. The applicant shall comply with all federal, state, and local laws. Violation of any of those laws in connection with the use may be cause for modification or revocation of Site Development Review No. SD2016-005 and Conditional Use Permit No. UP2016-015. 7. Approval of this Site Development Review and Conditional Use Permit authorizes a hotel which is intended for occupancy by transients for dwelling, lodging, or sleeping purposes for periods of thirty (30) days or less. The selling of timeshares or any other form of fractional ownership of the hotel shall be prohibited. Additionally, no portion of the hotel shall be rented or otherwise used for residential purposes. 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. A copy of the Resolution approving Site Development Review No. SD2016-005 Conditional Use Permit No. UP2014-004, including the conditions of approval within Exhibit "A" shall be incorporated into the final approved Building Division and field sets of plans prior to issuance of the building permits. 10. 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 Department and the Municipal Operations Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on-site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 11. All landscape materials and landscaped areas shall be installed and 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. 12. Reclaimed water shall be used whenever available, assuming it is economically feasible. 13. Water leaving the project site due to over -irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the location, investigate, inform and notice the responsible party, and, as appropriate, cite the responsible party and/or shut off the irrigation water. 14. Watering shall be done during the early morning or evening hours (between 4:00 p.m. and 9:00 a.m.) to minimize evaporation the following morning. 15. Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. Parking areas and vehicular driveways shall be swept on a weekly basis. 16. Prior to the final of building permits, the applicant shall schedule an inspection by the Planning Division to confirm that all landscaping was installed in accordance with the approved plan. 17. All proposed signs shall be in conformance with applicable provisions of the Zoning Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110- L to ensure that adequate sight distance is provided. All signs shall be architecturally compatible and made with high quality, durable materials. Can signs are prohibited. 18. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on-site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut-off fixtures and light standards shall not exceed 20 feet in height. 19. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. 20. The property shall be illuminated for security and the site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative nuisance to surrounding property. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 21. Prior to issuance of the certificate of occupancy, the applicant shall schedule an evening inspection by the Planning Division to confirm control of light and glare as required by applicable provisions of the Zoning Code and the conditions of approval. 22. 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 and any events conducted on the project site, food service operations, delivery/loading 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 23. All mechanical equipment shall be screened from view of consistent with the Zoning Code and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 24. Trash receptacles for patrons shall be conveniently located both inside and outside of the facility and shall be routinely emptied. All trash shall be stored within the building or within trash bins stored within trash enclosure(s). 25. 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 as necessary. 26. Storage of any materials outside of the buildings or in parking areas property shall be prohibited. 27. The trash enclosure shall accommodate a minimum of four, 4 -foot by 6 -foot trash bins and shall include doors and a roof structure to screen the contents of the enclosure. 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. 28. The construction and equipment staging areas shall be located in the least visually prominent area on the site and shall be properly maintained and/or screened to minimize potential unsightly conditions. 29. A six -foot -high screen and security fence shall be placed around the construction site during construction. Construction equipment and materials shall be properly stored on the site when not in use. 30. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before 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. 31. Construction activities which produce loud noise that disturb, or could disturb a person of normal sensitivity who works or resides in the vicinity, shall be limited to the weekdays between the hours of 7:00 a.m. and 6:30 p.m., and Saturdays between the hours of 8:00 a.m. and 6:00 p.m. No such noise occurrences shall occur at anytime on Sundays or federal holidays. 32. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Lido House Hotel project and Former City Hall Reuse Amendments including, but not limited to, the General Plan Amendment No. GP2016-001, Coastal Land Use Plan Amendment No. LC2016-001, Zoning Code Amendment No. CA2016-003, Site Development Review No. SD2016-005, Conditional Use Permit No. UP2016- 0015; and/or the City's related California Environmental Quality Act determinations and the certification of the Final Environmental Impact Report No ER2014-003 (SCH#2013111022) and Addendum No 1. 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. Applicant shall not be required to indemnify the City from any lawsuit, or damages, costs, attorneys' fees, or other expenses related thereto, that is brought by any person or entity that is currently a party to litigation initiated by the City related to the former city hall site. Building Division 33. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department for demolition and construction. 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. The construction plans must comply with the California Green Building Standards Code. 34. A grading bond shall be required prior to grading permit issuance 35. A geotechnical report shall be submitted to the Building Division for review prior to grading permit issuance. 36. 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. 37. 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 Department 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. 38. A drainage and hydrology study shall be submitted prior to grading permit issuance. 39. A wheelchair accessible path of travel shall be provide from Finley Ave, Newport Blvd, and 32nd street including public transportation areas to all guest rooms and facilities. Proposed wood shingles shall be Class A. 40. Fire Sprinkler System shall be Type 13. Fire Department 41. A fire flow determination consistent with Newport Beach Fire Department Guideline B.01 "Determination of Required Fire Flow" shall be required for the proposed buildings prior to the issuance of a building permit. The fire flow information shall be included on final building drawings. 42. All weather access roads shall be installed and made serviceable prior to and during time of construction. 43. Fire hydrants shall be required to be located within 400 feet of all portions of the building subject to the review and approval of the Newport Beach Fire Department. Additional hydrants may be required dependant on fire flow calculations. All existing and proposed fire hydrants within 400 feet of the project site shall be shown on the final site plan. 44. Blue hydrant identification markers shall be placed adjacent to fire hydrants consistent with Newport Beach Fire Department guidelines. 45. A fire apparatus access road shall be provided to within 150 feet of all exterior walls of the first floor of the building. The route of the fire apparatus access road shall be approved by the Fire Department. The 150 feet is measured by means of an unobstructed route around the exterior of the building. Newport Beach Fire Department Guideline C.01 "Emergency Fire Access: Roadways, Fire Lanes, Gates and Barriers." 46. Minimum width of a fire access roadway shall be 20 feet, no vehicle parking allowed. The width shall be increased to 26 feet within 30 feet of a hydrant, no vehicle parking allowed. Access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches. Newport Beach Fire Department Guideline C.01. 47. Apparatus access roads must be constructed of a material that provides an all weather driving surface and capable of supporting 72,000 pounds imposed load for fire apparatus and truck outrigger loads of 75 pounds per square inch over a two foot area. Calculations stamped and signed by a registered professional engineer shall certify that the proposed surface meets the criteria of an all weather driving surface and is capable of withstanding the weight of 72,000 pounds, Newport Beach Fire Department Guideline C.01. 48. Vehicle access gates or barriers installed across fire apparatus access roads shall be in accordance with the Newport Beach Fire Department Guidelines and Standards C.01 "Emergency Fire Access: Roadways, Fire Lanes, Gates, and Barriers." The minimum width of any gate or opening necessary or required as a point of access shall be not less than 14 feet unobstructed width. As amended by Newport Beach, California Fire Code Section 503.6.1. 49. All security gates shall have a Knox -box override and an approved remote opening device. Newport Beach Fire Department Guideline C.01. 50. Fire lanes shall be identified as per Newport Beach Fire Department Guideline C.02. 51. An automatic fire sprinkler system will be required and shall be installed as per California Fire Code Section 903. 52. The underground fire line will be reviewed by the fire department. A separate submittal is required which requires an "F" Permit. The underground fire line is a separate submittal (cannot be part of the overhead fire sprinkler plans, nor precise or rough grading plans) and must be designed as per N.B.F.D. Guideline F.04 "Private Hydrants and Sprinkler Supply Line Underground Piping." 53. Standpipes systems shall be provided as set forth in California Fire Code Section 905. 54. Hood Fire Suppression system will be required for cooking appliances and plans must be submitted to the fire department for approval prior to installation. 55. A fire alarm system will be required and shall be installed as per California Fire Code Section 907. 56. Fire extinguishers are required and shall be located and sized as per the California Fire Code. 57. Public Safety Radio System Coverage (800 MHz firefighter's radio system) shall be provided as per Newport Beach Fire Department Guideline D.05. 58. Premises identification shall be provided as City of Newport Beach amended California Fire Code Section 505.1.1. Addresses shall be placed above or immediately adjacent to all doors that allow fire department access. In no case shall the numbers be less than four inches in height with a one-half inch stroke. 59. Fire places and fire pit clearances shall be provided as per manufacturer's recommendations and/or California Mechanical Code requirements. 60. Awnings and canopies shall be designed and installed as per California Building Code Section 3105 with frames of noncombustible material, fire -retardant -treated wood, wood of Type IV size, or 1 -hour construction with combustible or noncombustible covers and shall be either fixed, retractable, folding or collapsible. 61. All building and structures with one or more passenger service elevators shall be provided with not less than one medical emergency service elevator to all landings. The medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or stretcher 24 inches by 84 inches with not less than 5 -inch radius corner in the horizontal position. The elevator car shall be of such a size to accommodate a 24 -inch by 84 -inch ambulance gurney or stretcher with not less than 5 -inch radius corners, in the horizontal, open position, shall be provided with a minimum clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42 -inch side slide door as per California Building Code Section 3002. 62. Plans shall be submitted to the Fire Department for plan check and approval prior to the issuance of building permits. Public Works Department 63. All improvements shall be constructed as required by Ordinance and the Public Works Department. 64. Construct new planned improvements along 32nd Street between Newport Blvd and Lafayette Ave, including but not limited to, sidewalk, curb/gutter, striping, signage, driveway, street light relocation, parking meter post relocation, and roadway improvement. All work shall be per City Standards and approved by the Public Works Director. The cost shall borne by the applicant. 65. The public pedestrian easement along Newport Blvd shall be a minimum of 8feet in width and clear of any obstructions, unless otherwise approved by the Public Works and the Community Development Departments. 66. Reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb and gutter, and driveway approaches along the Newport Blvd and 32nd Street frontages. 67. All existing curb ramps along the project frontages shall be upgraded to current ADA standards. 68. An encroachment permit is required for all work activities and all non-standard improvements within the public right-of-way and public property. 69. All improvements shall comply with the City's sight distance requirement. The project driveways shall be designed to accommodate adequate vehicular sight distance per City Standard STD -110-L. Walls, signs, and other obstructions shall be limited to 30 inches in height and planting shall be limited to 24 inches in height within the limited use areas. 70. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right- of-way could be required at the discretion of the Public Works Inspector. 71. All on-site drainage shall comply with the latest City Water Quality requirements. 72. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. 73. All new and existing water services (ie. domestic, landscaping, or fire) shall have its own water meter and shall be protected by a City approved backflow assembly. 74. All new and existing sewer laterals shall have a sewer cleanout installed per STD -406-L. 75. Water and Wastewater demand studies shall be prepared and submitted for review and approval prior to approval of the Grading Plan. If studies show that there are impacts based on the peak demand flows calculated, improvements to the City's infrastructures will be required at the cost of the development. 76. All parking stalls and drive aisle widths shall be per City Standards 805 -L-A and 805 -L -B. 77. A Valet Operations Plan shall be reviewed and approved by the City Traffic Engineer and the Community Development Director prior to the issuance of a certificate of occupancy. Future changes to the plan shall also require the review and approval. 78. All valet operation shall be accommodated on-site. 79. Tandem parking spaces shall be signed and used for valet parking only. They may be used for long term reserved parking. They should not be used for public parking. 80. All landscaping, hardscape, ground cover, and trees within the project site and along the Finley Ave, Newport Blvd, and 32nd Street frontages shall be maintained by the applicant. 81. Remove pendant lighting along Finley Ave to provide adequate vertical clearance. Police Department 82. State Department of Alcoholic Beverage Control license types classified as "Public Premises" shall be prohibited. 83. If required by the State Department of Alcoholic Beverage Control, the applicant shall provide the Chief of Police a statement of facts showing why the issuance of alcohol licenses for the proposed project would serve public convenience or necessity. 84. Approval of this Site Development Review and Conditional Use Permit does not permit the hotel or its restaurants, bars, lounge, or assembly areas to operate as a nightclub as defined by the Newport Beach Municipal Code, unless the Planning Commission first approves such permit. 85. Prior to the issuance of final building permits, the operator as well as future operators of the hotel shall obtain an Operator License pursuant to Chapter 5.25 (Operator License) of the Municipal Code. The Operator License may be subject to additional and/or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation facility. 86. Prior to occupancy and operation of the proposed hotel and its ancillary uses, a comprehensive security plan shall be submitted to the Newport Beach Police Department for review and approval. 87. 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. 88. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the a full service menu. 89. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 90. All persons selling alcoholic beverages shall be over the age of 21 and undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. 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. 91. 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 (Community Noise Control) of the Newport Beach Municipal Code. 92. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the hotel, hotel restaurant or lounge facility. 93. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 94. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 95. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 96. There shall be no on-site radio, televisions, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 97. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 98. The operator of the establishment shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 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. 2016-91 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 26'h day of July, 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 27th day of July, 2016. ';'b 4-9� Leiian416rown, MMC City Clerk Newport Beach, California (Seal)