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HomeMy WebLinkAbout2048 - Use Permit approvals to allow: 1) A 5,204 square-foot fine dining restaurant with Type 47 ABC License to be located in Suite 6 of Building C - 2300 Newport Blvd RESOLUTION NO. 2048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING USE PERMIT NO. UP2016-048 FOR A 5,204 SQUARE—FOOT, FOOD SERVICE WITH A TYPE 47 (ON-SALE GENERAL FOR BONA FIDE EATING PLACE) ALCOHOL BEVERAGE CONTROL LICENSE, AN OUTDOOR DINING PATIO AND A PARKING REDUCTION LOCATED AT 2300 NEWPORT BOULEVARD, (PA-2016-157) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by NPB Marina LLC. (Applicant), with respect to property located at 2300 Newport Boulevard, and legally described as Lot 1 of Tract Map 16594 requesting approval of Use Permits for the operation of two eating and drinking establishments and a parking waiver with a parking management plan, pursuant to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning). 2. The first Use Permit (UP2016-048) covers the 5,204 square-foot, fine dining restaurant with an Alcoholic Beverage Control (ABC) License Type 47 (On-Sale General — Bona Fide Eating Place). The second Use Permit (UP2016-041) covers the proposed 2,142 square-foot casual dining restaurant with an ABC License Type 41 (On-Sale Beer and Wine— Bona Fide Eating Place). The proposed restaurants are within the VUE Newport mixed-use development currently under construction in the McFadden Square area adjacent to the Crab Cooker. 3. The Applicant is also seeking a parking reduction pursuant to NBMC Section 20.40.110 because the subject property does not provide the sum total parking required for all uses at the site in accordance with NBMC Sections 20.40.040 and 20.40.060. A Shared Parking Demand Analysis for a portion of the provided parking and a Parking Management Plan for all of the on-site parking was submitted to show that the site provides sufficient parking for all uses. 4. The proposed 5,204 square-foot, fine-dining restaurant consists of up to 2,602 square feet of interior net public dining area with an outdoor dining area not to exceed 25 percent of the interior dining (net public) area. The hours of operation for the restaurant will be within the hours of 6:00 a.m. to 10:00 p.m., Monday through Wednesday and 6:00 a.m. to 11:00 p.m., Thursday through Sunday. 5. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is Mixed-Use Water Related (MU-W2). 6. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W). Planning Commission Resolution No. 2048 Pa e2of18 7. A public hearing was held on February 9, 2017, in the Civic Center Community Room located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project 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, because it has no potential to have a significant effect on the environment. 2. CEQA Guidelines Section 15301 considers and exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. 3. The proposed project involves interior improvements to convert an approved office/retail tenant space to an eating and drinking establishment and involves no expansion in floor area. 4. Parking for the proposed use is accommodated by on-site the parking resources based upon a shared parking demand analysis subject to a parking management plan. 5. Increased traffic from the site due to the change in use is anticipated to be less than 300 daily trips below and a traffic study is not required pursuant to NBMC Chapter 15.40 (Traffic Phasing Ordinance). SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.48.030(C)(3) (Alcohol Sales), the Planning Commission finds: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: 1. The purpose of NBMC Section 20.48.030 is to preserve a healthy and safe environment for residents and businesses by establishing a set of consistent standards for the safe operation of retail alcohol sales establishments recognizing that hospitality, entertainment, recreation and related businesses are a significant part of the City's economy, and that alcoholic beverage sales are important to the operation of these businesses. It is also recognized that alcohol abuse can create environments that 05-26-2016 Planning Commission Resolution No. 2048 Page 3 of 18 jeopardize the continued success of these businesses and seriously affect the health, safety, and general welfare in surrounding areas, particularly residential neighborhoods. 2. The intent of NBMC Section 20.48.030 is to prevent alcohol-related problems (e.g., driving under the influence, alcohol abuse, assaults, public inebriation, littering, loitering, obstruction of pedestrian traffic, noise, traffic violations, illegal parking, defacement and damaging of public and private property, etc.). This section provides regulations to reduce the costly and harmful effects of irresponsible alcohol sales and consumption on the City, neighborhoods, local businesses, residents, law enforcement, medical care, and educational, preventive, treatment and rehabilitation resources. Based upon the project description, findings and conditions of approval, the project meets the purpose and intent of NBMC Section 20.48.030. Alcohol service is intended for the convenience of customers dining at the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol- related nuisances and impacts to law enforcement resources. 3. In making the required finding, the Planning Commission considered the following: a. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Part One Crimes Rate in Reporting District 15 (RD15) is higher than the Part One Crimes Rate for the City and all adjacent districts. The crime rate in this reporting district is 369 percent above the Citywide reporting district average. The higher crime rate within this reporting district is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, visitor- serving uses, and the high ratio of nonresidential to residential uses in RD 15. 2. Restaurant uses with alcohol service for on-site consumption are expected to be found in the McFadden Square area and the use will complement and support other uses on site and in the vicinity of the project site. 3. The proposed restaurant is not permitted to operate as a bar, tavern, cocktail lounge, or nightclub. b. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. RD15 has a higher number of Alcohol-Related Arrests, Total Arrests, and Calls for Service recorded in 2015, compared to all adjacent reporting districts. From January 1, 2015, through December 31, 2015, the Police Department reported 19 calls for service to the subject property. There were also an additional 7 calls from January 1, 2016, to present. All 26 calls were parking or medical related at the construction site, unrelated to alcohol problems. 05-26-2016 Planning Commission Resolution No. 2048 Pa e4of18 c. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1 . The project site is located in a mixed-use zoning district, which allows for residential uses when intermixed with nonresidential uses and being improved with a mixed-use development. The nearest recreational facilities, the beach and the Newport Pier, are located approximately 520 feet to the southwest of the subject property. The 19th Street/Bay Avenue beach and Marina Park are approximately 530 feet to the southeast of the subject property. The nearest church, Our Lady of Mount Carmel, is located approximately 0.5 miles to the south of the subject property along West Balboa Boulevard. The nearest school, Newport Elementary, is located 0.7 miles to the south of the subject property along West Balboa Boulevard. The nearest daycare center, Children's Center by the Sea, is approximately 0.6 miles to the south along West Balboa Boulevard. The proposed restaurant will be adjacent to future commercial, retail and office uses on the ground level of development and existing similar uses on adjacent properties. 2. The limited hours of operation (no late hours as defined by the Zoning Code) and conditions of approval are in place to help minimize negative impacts that the project may have to surrounding land uses and ensure that the proposed restaurant is compatible with the surrounding community. d. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. The proposed restaurant is in close proximity to several establishments with alcohol licenses on the Balboa Peninsula including Woody's Wharf, The Crab Cooker, Stag Bar, among others. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. 2. The per capita ratio of one license for every 38 residents is higher than all adjacent districts and the average Citywide ratio. This is due to the higher concentration of commercial land uses, many of them visitor-serving, and lower number of residential properties in the RD15 area. While the proposed eating establishment is located in close proximity to other establishments selling alcoholic beverages, the physical and operational characteristics of the proposed establishment would make the alcoholic beverage sales in conjunction with its operation appropriate at this location. e. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. There are no current objectionable conditions related to alcohol sales. The proposed eating establishment and serving of alcoholic beverages with food will provide convenience to the customers. The Police Department also has no objections to the proposed restaurant. Conditions of approval are in place to limit 05-26-2016 Planning Commission Resolution No. 2048 Page 5 of 18 objectionable conditions due to noise and trash at the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC-required Responsible Beverage Service (RBS) training. In accordance with NBMC Section 20.52.020(F) (Use Permit, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan land use designation for this site is MU-W2. The MU-W2 designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. The proposed eating and drinking establishment, which will be a part of the mixed-use development which allows residential, office, and retail uses is consistent with this land use designation. 2. The proposed application does not result in an increase in the gross floor area developed at the site, and therefore, the project and site would not exceed the maximum allowable commercial floor area of 0.5 floor area ratio of the General Plan. 3. The proposed restaurant is consistent with General Plan Land Use Policy LU6.8.2 (Component Districts) which emphasizes that McFadden Square should be utilized as one of the primary activity centers within the City. The new eating and drinking establishment with an outdoor dining area will diversify the use and provide an additional visitor- and local-serving convenience. 4. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The new establishment will provide synergy to the newly constructed mixed-use development and revitalize the surrounding neighborhood. 5. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 05-26-2016 Planning Commission Resolution No. 2048 Page 6 of 18 Facts in Support of Finding: 1. The site is located in the MU-W2 Zoning District. The MU-W2 applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The proposed restaurant will be located on the ground floor of a mixed-use development which consists of residential units located on the top floors of office and retail uses. 2. Eating and drinking establishments are conditionally permitted uses subject to obtaining a Minor or Conditional Use Permit (CUP) within this district due to their proximity to residential uses. Finding: D. 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 operation of the eating and drinking establishment will be restricted to the hours between 6:00 a.m. to 10:00 p.m., Monday through Wednesday and 6:00 a.m. to 11:00 p.m., Thursday through Sunday. The closing hours are compatible with other eating and drinking establishments in the area. 2. The proposed 5,204 square-foot restaurant consists of up to 2,602 square feet of interior net public area with an outdoor dining area not to exceed 25 percent of the interior dining (net public) area. Live entertainment and dancing are not proposed. 3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Due to the design, location, and proximity of the outdoor patio of the fine-dining restaurant to the residential units located above in the adjacent building, the installation of a solid partition in the west wall of the outdoor patio will be required. Lastly, no outdoor sound system, loudspeakers, or paging system would be allowed. A security plan will be developed with input from the Newport Beach Police Department. Implementation of the security plan will reduce potential noise and loitering issues. The applicant is also required to control trash and litter around their leased area. 4. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the on-site residents and surrounding community. 5. The applicant is required to obtain Health Department approval prior to opening the restaurant, and is further required to comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. 05-26-2016 Planning Commission Resolution No. 2048 Page 7 of 18 6. The subject property is located in a mixed-use development and a relatively dense area with multiple uses within a short distance of each other. The proposed Parking Management Plan has been prepared in order to ensure that on-site parking resources are available to address parking demand predicted by a shared parking demand analysis. The Parking Management Plan is designed to maximize the use of all parking spaces located at the subject property under a controlled arrangement with gated accesses. Finding: E. 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 proposed restaurant will be restricted to its gross square footage, maximum allowable net public area and outdoor dining criteria as tentatively identified. The size, location, and operating characteristics of the restaurant are conditioned so that it will be compatible with the mixed-use environment on site and surrounding neighborhood. 2. The site provides adequate parking for the proposed restaurant taking into account a second restaurant and other changes in use based upon the shared parking demand analysis prepared by JR Parking Consultants (2017) that has been reviewed and approved by the City Traffic Engineer. 3. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property with the circulation changes and gates vehicular access changes as proposed by the applicant. The Traffic Engineer and Fire Safety Services staff have reviewed and determined the proposed changes to the on-site circulation and access to the mixed-use development to accommodate the proposed restaurant will function safely and will not prevent emergency vehicle access. 4. The tenant improvements and any potential upgrades to utilities to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding: F. 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. 05-26-2016 Planning Commission Resolution No. 2048 Page 8 of 18 Facts in Support of Finding: 1. The proposed restaurant has been reviewed and includes conditions of approval to ensure that potential conflicts with the on-site mixed-use environmental and surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The proposed restaurant will provide fine-dining experiences and service of alcoholic beverages as a public convenience to the on-site residents and surrounding neighborhood and visitors to the area. This will provide synergy to the mixed-use development and provide an economic opportunity for the property owner to maintain a desire retail and service mix on site, which best serve the quality of life for the residents and surrounding visitor- and local-serving community. 3. The adjustment in the parking requirements is justified as the parking management plan indicated that there would be a surplus of on-site parking to accommodate the entire development including the proposed restaurants. Furthermore, a valet parking plan is also in place to ensure adequate parking is available at all times of the day. 4. The proposed restaurant is located in a mixed-use development and commercial district which is subject to a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics are justified in considering the reduced number of parking spaces required for the proposed restaurant. In accordance with NBMC Section 20.40.110(6)(1) (Reduction in Off-Street Parking), the following conditions are set forth for a parking reduction for the proposed restaurant: Finding: G. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development). Facts in Support of Finding: 1. A parking demand analysis dated January 2017, has been prepared by JR Parking Consultants for the VUE Newport mixed-use development inclusive of the proposed restaurant, a second restaurant and other changes in use. The parking demand analysis identifies demand throughout the day during the weekdays and weekends for the office, retail and restaurant uses taking into account the proposed change in use and restaurants. 05-26-2016 Planning Commission Resolution No. 2048 Page 9 of 18 2. The proposed shared parking arrangement to address the required parking demand, indicates that there would be sufficient parking to accommodate the weekday and weekend peaks. 3. The shared parking analysis is reliant upon the various uses located in a mixed-use development and larger commercial district, creating a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics help reduce anticipated parking. The City Traffic Engineer has reviewed and approved the parking demand analysis. Finding: H. A parking management plan (PMP) shall be prepared in compliance with NBMC Subsection 20.40.110(C) (Parking Management Plan). Facts in Support of Finding: 1. A Parking Management Plan dated January 2017, has been prepared by JR Parking Consultants for the VUE Newport mixed-use development. The plan provides for effective management of patrons and employee parking for the retail, office and restaurant uses, under a shared parking arrangement. Conditions of approval requires implementation of the plan including modifications of the plan should issues arise. The plan is also attached to the resolution and incorporated by reference. 2. The Parking Management Plan has been reviewed and approved by the City Traffic Engineer and will be subject to the conditions of approval of this use permit. Parking and access to the site will be subject to monitoring and adjustment to resolve unforeseen parking or access issues. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2016-048, subject to the conditions set forth in Exhibit A, and the Parking Management Plan as set forth in Exhibit B, which are attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 05-26-2016 Planning Commission Resolution No. 2048 Page 10 of 18 PASSED, APPROVED, AND ADOPTED THIS 9th DAY OF FEBRUARY, 2017. AYES: Dunlap, Hillgren, Koetting, Kramer, Lawler and Weigand NOES: None ABSTAIN: None ABSENT: Zak BY: Ko r m , Ch firman BY:: — P fer Zak, ecretai 05-26-2016 Planning Commission Resolution No. 2048 Page 11 of 18 EXHIBIT "A" CONDITIONS OF APPROVAL SEE PC STANDARD CONDITIONS.DOC (Project-specific conditions are in italics) Planning Division 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. Use Permit No. UP2016-048 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Use Permit may be modified or revoked by the 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. 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. 8. 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. 9. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the 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 05-26-2016 Planning Commission Resolution No. 2048 Page 12 of 18 reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 10. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to restaurant use in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 11. The hours of operation for the restaurant including outdoor dining patio shall be limited between 6:00 a.m. and 10:00 p.m., Monday through Wednesday, and between 6:00 a.m. and 11:00 p.m. Thursday through Sunday. New seating at tables shall cease one- half hour prior to restaurant closing times. 12. The "net public area"of the restaurant shall not exceed 2,602 square feet for the interior of the subject restaurant or 50 percent of gross floor area, whichever is less. 13. The accessory outdoor dining shall be used only in conjunction with its restaurant use if it is provided and shall be limited to 651 square feet in area or up to a maximum of 25 percent of the interior net public area of restaurant. 14. The height of the boundary wall of the accessory outdoor dining area shall be shown on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 15. The restaurant and patio seats shall be configured in a dining room setting. Dining tables and chairs are not permitted to be moved or removed to create standing areas for food and beverage service to patrons. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for patron standing or dancing shall be prohibited. 16. The marina shall be limited to a total of 19 boat slips. The boat slips shall be used allocated as follows: a. No more than seven (7) boat slips may be leased to the public. b. A minimum of nine (9) boat slips shall be available to the on-site residents and may not be subleased. C. The slipway located at the center of marina and two (2) additional boat slips located in close proximity of the fine dining restaurants, shall be available to the public free of charge at all times. The final location of these boat slips shall be approved by the Community Development Director. d. No boat slips shall be used for overnight, permanent residence. e. Signage shall indicate the allowed use of the slips. The number, size and location of the signage shall be approved by the Community Development Director. 05-26-2016 Planning Commission Resolution No. 2048 Page 13 of 18 17. A total of 2,388 square feet of planned commercial space located on the second level (above podium level) shall be converted to residential amenity/recreational space and to be available for use by the residents at all time. 18. A solid barrier (including glass) shall be provided along the west side of the outdoor dining area to mitigate any potential nuisance noises. 19. On-site parking shall not be managed or priced in a way to unduly reduce on-site parking utilization or create a clear incentive for residents, employees, guests or patrons to use public spaces in the neighborhood. Employees of Vue Newport shall not bear the cost of parking on-site. 20. The applicant shall submit a monthly utilization report for the entire mixed-use development showing parking over time and different days. The report shall be submitted monthly for a period of one year, beginning from the date of opening/operation of both restaurants. Periodic reports thereafter may be required by the Community Development Director or Planning Commission. Additional parking strategies may be required, including the requiring the purchase of parking permits for employees to park off-site at the City parking lot, as determined necessary by the Community Development Director. 21. 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. 22. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal.Code. 23. All lighting shall conform with 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. If outdoor lighting is proposed, the applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 24. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 25. 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 Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 26. The operator of the facility shall be responsible for the control of noise generated by the 05-26-2016 Planning Commission Resolution No. 2048 Page 14 of 18 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 periods unless the ambient noise level is higher: Between the hours of 7:OOAM Between the hours of and 10:OOPM 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55d BA 40dBA 50dBA Residential Property located within 45dBA 6OdBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 6OdBA 27. No outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with this restaurant establishment. 28. 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. 29. 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. 30. 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. 31 . 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). 32. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development or through an amendment to this Use Permit. 05-26-2016 Planning Commission Resolution No. 2048 Page 15 of 18 33. Storage outside of the building shall be prohibited, with the exception of the required trash containers on pick-up days. 34. 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. 35. 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 VUE Newport Restaurants including, but not limited to, Use Permit No. UP2016-048. 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. Police Department 36. 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 Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 37. The approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 38. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 39. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 05-26-2016 Planning Commission Resolution No. 2048 Pa e16of18 40. Petitioner 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. 41. There shall be no reduced price alcoholic beverage promotions. 42. Food service from the regular menu shall be made available to patrons until closing. 43. There shall be no live entertainment or dancing allowed on the premises. 44. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 45. 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. Graffiti shall be removed within 48 hours of written notice from the City. 46. 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. 47. Strict adherence to maximum occupancy limit is required. 48. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other forms of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 49. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. 50. The approval is for a food service, eating and drinking establishment with no late hours, outdoor dining, and on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type "47" (On-Sale General Bona Fide Easting Place) Alcoholic Beverage Control License in conjunction with the restaurant as principal use of the facility. 51. Any counter bar area with seating shall be ancillary to the overall restaurant seating area. 52. A comprehensive security plan for the entire mixed-use development including for the proposed restaurant shall be submitted for review and approval by the Newport Beach Police Department (NBPD). The procedures included in the plan and any 05-26-2016 Planning Commission Resolution No. 2048 Page 17 of 18 recommendations made by the NBPD shall be implemented and followed for the life of the Conditional Use Permit. 53. 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. Fire Department Conditions 54. Vehicle access gates or barriers installed across streets or driveways are required to be installed in accordance with Life Safety Service Guideline C.01. Plans shall be required to be submitted to the Fire Department for approval prior to installation. Plans shall include all relevant dimensions, the location, type of gate/barrier, and type of locking device, approved opening devices, and gate swing directions. 55. The minimum clear width of any gate or opening required as a point of access shall not be less than 14 feet unobstructed. The minimum width may be increased depending on the length of the approach to ensure adequate width for emergency vehicles. Building Division Conditions 56. A minimum of one covered handicap parking space shall be provided at the podium parking level to the satisfaction of the City's Building Division. 57. 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. 58. Approval from the Orange County Health Department shall be required prior to the issuance of a building permit. Public Works Conditions 59. The project proposes to modify the podium (ground) level access to provide an inbound only ramp/driveway via The Arcade and an exit only ramp/driveway to Newport Boulevard. Due to the project's proposed circulation modification, the recently constructed left turn lane and center median on Newport Boulevard shall be removed and Newport Boulevard shall be reconfigured at the sole cost of the project applicant. 60. The applicant shall process plan check revisions for the modified on-site circulation (including signage and pavement markings), and the required off-site improvements to eliminate the left-turn into the site from Newport Boulevard and gates. The plans shall be subject to the review and approval of the City Public Works Department. 05-26-2016 Planning Commission Resolution No. 2048 Page 18 of 1- 61 Driveway entrance gates shall be set back to provide the maximum queue storage from the gate to the public right-of-way for two vehicles. Vehicles queuing from within the public right-of-way shall be prohibited. 62. Loading, unloading and deliveries for the entire development shall occur on site at all times. Loading, unloading and deliveries within the public right-of-way shall be prohibited. 63. Parking on the podium level shall be for office and retail tenant employees only, including on weekends. No restaurant employees shall park on the podium deck. Restaurant operators and their employees shall park in the subterranean parking garage. All employees of all businesses shall park on site. 64. A parking attendant shall be available at the Newport Boulevard entrance and the Arcade entrances at all times to monitor all entry and exit lanes, assist customers and ensure no queuing onto public right-of-way. 65. The final Parking Management Plan shall be reviewed and approved by the City traffic engineer. All parking management conditions of approval of this CUP shall be included within the final Parking Management Plan. The requirements of the parking management plan shall be implemented. 66. If issues/problems arise with the final and approved Parking Management Plan (i.e. parking queuing within the public right-of-way, etc.), the applicant shall modify the Parking Management Plan to the satisfaction of the City Traffic Engineer and Community Development Director. Implementation of the modified Parking Management Plan shall occur immediately upon approval and direction of the City. 05-26-2016