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Home My WebLink About2016-120 - Approving a Second Year of the Outdoor Dining Pilot Program within Balboa VillageRESOLUTION NO. 2016-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A SECOND YEAR OF THE OUTDOOR DINING PILOT PROGRAM WITHIN BALBOA VILLAGE WHEREAS, the seven -member Balboa Village Advisory Committee (BVAC) was established by the City Council to oversee the implementation of the Balboa Village Master Plan adopted in September 2012 and to provide recommendations on Balboa Village revitalization strategies; WHEREAS, Balboa Village is a mixed use area located on the Balboa Peninsula generally between Adams Street to the west, A Street to the east, Newport Harbor to the north, and the Pacific Ocean to the south. The area attracts summertime visitors and is need of revitalization to attract local residents and other visitors year=round, which will improve the economic vitality of the area; WHEREAS, Balboa Village restaurants are an attraction to the area, and they serve residents, visitors, and employees. Outdoor dining areas can improve the dining experience, contribute to a more pedestrian -oriented village, and improve the overall ambiance of the neighborhood; WHEREAS, on September 11, 2013, an Urban Land Institute Technical Assistance Panel (TAP) was held to discuss findings and create recommendations for Balboa Village. The TAP subsequently presented the information and provided a written report with recommendations, which included adding outdoor dining, especially in public spaces, to activate and revitalize Balboa Village; WHEREAS, due to Newport Beach Municipal Code (NBMC) requirements, applications for the addition of accessory outdoor dining to an existing eating and drinking establishment can be expensive and take several months to process,- WHEREAS, rocess;WHEREAS, at a noticed public hearing on June 10, 2015, the BVAC reviewed and provided comments on the outdoor dining program and directed staff to prepare a one-year pilot program to forward to the City Council for review; WHEREAS, on September 8, 2015, the City Council adopted Resolution No. 2015-69, which created an outdoor dining pilot program for a period of one year within Balboa Village; WHEREAS, on October 19, 2016, the BVAC reviewed the results of the year-long Pilot Program and recommended that it be extended for an additional year; and WHEREAS, the outdoor dining pilot program also has been well received by local business owners, residents, and visitors and the City desires to continue the outdoor dining pilot program for a second year. City Council Resolution No. 2016-120 Paqe 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: Section 1: The City Council of the City of Newport Beach (City) approves an outdoor dining pilot program for a period of one (1) year for Balboa Village, subject to the guidelines within Exhibit A, which is attached hereto and incorporated by reference. Unless extended, or terminated earlier, by the City Council this pilot program shall automatically expire without further action upon the passage of one (1) year. Section 2: The City Council waives the dining encroachment permit fee and related City fees for outdoor dining zoning clearance applications reviewed and approved under the pilot program. Section 3: The City Council temporarily suspends any NBMC requirement for a conditional use permit, minor use permit, or staff approval for substantial conformance to allow for outdoor dining within Balboa Village for the duration of the pilot program. Section 4: The City Council finds the adoption of this resolution and the pilot program is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The pilot program for outdoor dining involves minor improvements to existing eating and drinking establishments and has no potential to have a significant effect on the environment. Additionally, any future development application would be reviewed for compliance with CEQA requirements. Section 5: 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 (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 7: The Mayor shall sign and the City Clerk shall certify the vote adopting the passage of this resolution. Resolution No. 2016-120 Page 3 of 3 ADOPTED this 22nd day of November, 2016. Diane B. Dixon Mayor ATTEST: A I Ij 1, 14 �-Xi §� 'bl Leilani I. Brown City Clerk Approved as to Form: City Attorney's Office '69�- 4,) Aaron C. arp City Attorney U o� /po.sNt Exhibit "A" - Balboa Village Outdoor Dining Guidelines EXHIBIT "A" Balboa Village Outdoor Dining Pilot Program Guidelines A. A zoning clearance application shall be filed with the Community Development Director together with all information and materials specified by the Director. No fee shall be required for this application. B. For applications on public property, additional permits may be required by the Public Works Department, and shall be filed with the Public Works Director. No fee shall be required for a dining encroachment permit during the term of the pilot program. C. Eligibility requirements: 1. The property shall be located within a nonresidential zoning district within Balboa Village, which is defined as the area bounded by Adams Street to the west, A Street to the east, Newport Harbor to the north, and the Pacific Ocean to the south as depicted below. 'M mow --- Balboa Village �4 4bq klq"N � &JUnddf% 4,� oyt e4y.' Mored -Use Vertical PO 9L� tE Commercial Vistlgr-Serving F - R Public Facilities aS J � tvtuttiple Resdential aP Two -Unit Residenlial �hTS<ZEYF t Z R4y9L Boy e`VO E $d e`er yi 4 Eq M1, RONr E Q Q' pC oT k August 2015 + 2. The use of the existing building or suite shall be an eating and drinking establishment. D. Review criteria: 1. The outdoor dining area is limited to 25 percent of the interior net public area. 2. The outdoor dining shall not open earlier than the interior of the eating and drinking establishment and shall close by 11:00 p.m. 3. The outdoor dining shall be designed to minimize impacts to sensitive noise receptors (e.g., hospitals, schools, and residential uses). 4. The outdoor dining shall be designed to eliminate potential impacts related to glare, light, loitering, and noise. 5. Outdoor dining on public property shall comply with Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the standards of the Public Works Department, including, but not limited to, City Council Policy L-21 (Sidewalk Cafe Standards and Procedures). 6. Outdoor dining shall include appropriate barriers, if determined necessary, separating the outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Barriers shall serve only to define the area and shall not constitute a permanent all-weather enclosure. 7. Physical elements (e.g., furniture, awnings, covers, umbrellas, etc.) shall be compatible with one another and with the overall character and design of the building. 8. At the end of the pilot program, the outdoor dining areas may remain, however, renewal of annual encroachment permits and related fees shall be required. 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. 2016-120 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 22nd day of November, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None ABSENT: Council Member Peotter IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23`d day of November, 2016. amli Aw- Leilani I. Brown, MMC City Clerk Newport Beach, California (Seal) U kQ,!FOR��