HomeMy WebLinkAbout20200129_Operator LicenseJanuary 29, 2020
Dan Miller
127 Marine Avenue
Newport Beach, CA
danvibdt@gmail.com
Sent via email and USPS
Subject: Operator License No. OL2019-004
Dear Mr. Miller:
CIT
870 Santa Barbara Drive
Newport Beach, Ca lifornia 92660
949-644-3681
nbpd.org
Please find a copy of your approved Operator License signed by the Chief of
Police. The Operator License is effective February 13, 2020 after a 15-day appeal
period. Should you have any questions or concerns now or in the future, please do
not hesitate to contact me directly.
Thank you ,
Police Department
January 29, 2020
Dan Miller
OPERA TOR LICE NSE APPROVAL LETTER
PO LI CE DEPARTMENT
8 70 SA NTA BA RB A RA DRIV E
NEWPORT BEACH, CA 92660
(949) 644-368 1 FAX (949) 644-3794
www.nbpd.org
VIA EMAIL
127 Marine Avenue
Newport Beach, CA
danvibdt@gmail .com
Application No. Operator License No. OL2019-004
Owner/Applicant Dan Miller
Location/Business Name The Village Inn
Site Address 127 Marine Avenue
LEGAL DESCRIPTION Balboa Island Sec 4 Lot 15 Blk & Lot 16 Blk 1 Ex E 10 Ft
Lots 15
On January 29, 2020 , the Chief of Police approved the following: An operator license to allow
The Village Inn to operate a food service restaurant with late hours and a Type 47 (On-Sale
General , Eating Place) and Type 58 (Caterer's Permit) Alcoholic Beverage Control (ABC)
license. The interior of The Village Inn operates from 7 :00 a .m . to midnight, daily. The outdoor
dining area is allowed to operate from 7 :00 a.m. to 9:00 p .m., daily, except for Fridays and
Saturdays between Memorial Day weekend and Labor Day, on Federal holidays, and during
community events when the allowed outdoor dining areas hours shall be 7 :00 a .m . to 10 :00
p .m . The Village Inn offers live entertainme nt, which is limited to 10:00 p.m. on nights before
a school day, and limited to midnight on "non-school " nights and on all Frida y s and
Saturdays. A maximum of four musicians at any one time is permitted . Live entertainment is
not permitted on the outdoor dining area . This Operator License is required pursuant to
Newport Beach Municipal Code (NBMC) Chapter 5.25 .
REQUIRED FINDINGS
The Chief of Police has made the following findings as required by NBMC 5 .25 .050(8):
Finding :
A. The busines s or enterprise is lo cated in a zone p ermitting the proposed use under
Title 20 of the NBMC, and is s ubject to s uch use permits as may be required .
Facts in Support of Finding:
The Village Inn Operator License
January 29, 2020
Page 2
1. Conditional Use Permit No. 2009-002 was approved by the Planning Commission on
March 19, 2009, which allowed an existing full service restaurant to convert an
existing dining room into bar seating, and for the operation of an existing alcoholic
beverage outlet. Subsequent to this approval, Conditional Use Permit No. 2016-012
was approved by the City Council on February 14, 2017, which permitted an outdoor
dining area associated with the existing restaurant. The interior of the restaurant is
permitted to operate from 7:00 a.m. to midnight, daily. The outdoor dining area is
permitted to operate from 7:00 a.m. to 9:00 p.m. daily, except on Fridays and
Saturdays between memorial Day weekend and Labor Day, on Federal holidays, and
during community events when the outdoor dining area hours shall be 7:00 a.m. to
10:00 p.m.
2. A Live Entertainment Permit was issued on July 3, 2012 which authorized live
entertainment activities at the existing restaurant. Conditional Use Permit No. 2016-
012 further conditioned that live entertainment shall be limited to 10:00 p.m. on nights
before a school day, as calendared by the Newport Mesa Unified School District, and
limited to midnight on "non-school" nights and on all Fridays and Saturdays.
3. A food service restaurant with alcohol service is a permitted use in the Mixed-Use
Water Related (MU-W2) zoning district through the approval of a conditional use
permit.
Finding:
B. In the case of a business or enterprise offering "Entertainment," as defined, the
premises meets all of the criteria in Chapter 5.28.040.8.2-7.
Facts in Support of Finding:
1. The Village Inn provides live entertainment in the form of musical performances, with
up to a four-piece band and no percussion. Use Permit No. 2016-012 permits up to
a maximum of four musicians and/or vocalists using amplified instruments and
microphones at any time. The proposed live entertainment activities at the restaurant
meet the definition of "Entertainment" as defined in NBMC Chapter 5.28, and
complies with the conditions of the Use Permit.
2. The proposed establishment is required to comply with the additional regulations per
Section 5.28.041 (Additional Regulations) of Chapter 5.28 (Live entertainment
Establishments) of the Municipal Code.
3. Signage for the proposed establishment will be required to comply with provisions of
Chapter 20.42 of the Newport Beach Municipal Code.
The Village Inn Operator License
January 29, 2020
Page 3
4. The entire interior portion of the viewing area where entertainment will occur is open
and visible from aisles and public areas within the restaurant.
5. The outdoor dining area has noise attenuated glass doors that shall close prior to the
commencement of live entertainment offerings. The doors shall remain closed during
the performance and no customers shall remain within the outdoor dining area when
it is closed. Additionally, interior acoustical absorption panels were installed per the
Acoustical Evaluation and Design Recommendations dated March 20, 2016 by
KFEB Acoustics. If noise from live entertainment becomes an issue, the applicant is
conditioned to work with the Director of Community Development to provide sound
barriers or screens and prevent further issues.
6. A manager will be present on-site at all times when entertainment is performed at the
establishment. Live entertainment is limited to 10:00 p.m. on nights before a school
day as calendared by the Newport Mesa Unified School District, and limited to
midnight on "non-school" nights and on all Fridays and Saturdays, per Condition of
Approval No. 15 of CUP2016-012.
Finding:
C. The proposed site plan and improvements are consistent with the use and the plan
of operations.
Facts in Support of Finding:
1. The existing restaurant was established in 1933 when the City did not require a use
permit. In 2002, a Live Entertainment Permit was issued which required all exterior
windows and doors to be closed during performances. On March 19, 2009, the
Planning Commission approved Use Permit No. UP2009-002, authorizing the
remodel of the restaurant which included converting a portion of the dining room to
bar seating. The use permit limited the hours of operation to midnight, where the
restaurant was previously closing at2:00 a.m. On February 14, 2017, the City Council
approved Use Permit No. UP2016-012, which permitted a new outdoor dining area
associated with the existing restaurant.
2. The proposed site plan reflects the outdoor dining area which was approved by the
City Council through Use Permit No. UP2016-012. As conditioned, the outdoor dining
area and its noise attenuated glass doors shall close prior to the commencement of
live entertainment. Upon closing the outdoor dining area and when live entertainment
is offered, the noise attenuated glass doors which access the outdoor dining area
shall be closed and no customers shall remain within the outdoor dining area when
it is closed.
Finding:
The Village Inn Operator License
January 29, 2020
Page4
D. The plan of operations as proposed, with attached conditions in place, is adequate
in light of the neighborhood in which the operation is located and supports the public
health, safety, and welfare of the community.
Facts in Support of Finding:
1. Restaurant personnel at the entrance will be responsible for regulating the loitering,
noise, elicit activity, and other objectionable conditions that may occur outside of the
restaurant.
2. The restaurant and outdoor dining area has been conditioned to prevent excessive
noise issues for the neighborhood. The outdoor dining area is not to have exterior
amplified music, sound system, televisions, or outside paging system. During live
entertainment performances, the outdoor dining area and its noise attenuated glass
doors shall close prior to the commencement of the entertainment and shall remain
closed. During performances, no customers shall remain within the outdoor dining
area.
3. The business will be required to comply with the hours of operation as specified in
the conditions of approval for the operator license.
CONDITIONS OF APPROVAL
In no case shall the conditions be inconsistent with, or less restrictive than, those required
by any applicable use permit. The following operational conditions are reiterated from the
Conditional Use Permit and the applicant shall comply with the conditions of approval of
Conditional Use Permit No. UP2016-012 (PA2015-016).
1. The business shall comply with Title 20 (Zoning Code) and any other applicable
provisions of the Newport Beach Municipal Code.
2. 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.
3. All noise generated by the proposed use shall comply with the provisions of NBMC
Chapter 10.26 (Community Noise Control), all other applicable noise control
requirements in the NBMC and Condition No. 8 of the 2012 Live Entertainment
Permit; however, NBMC Section 10.26.035(L) shall not apply.
4. No exterior amplified music, sound system, televisions, outside paging system
shall be utilized in conjunction with the outdoor dining area.
The Village Inn Operator License
January 29, 2020
Page 5
5. 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 twenty (20) feet of the
premises.
6. 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 NBMC
to require such permits.
7. The hours of the outdoor dining area shall be limited to 7:00 a.m. to 9:00 p.m. daily,
except Fridays and Saturdays between Memorial Day weekend and Labor Day,
on Federal holidays, and during community events when the outdoor dining area
hours shall be 7:00 a.m. to 10:00 p.m. The outdoor dining area and its noise
attenuated glass doors shall close prior to the commencement of live
entertainment. Upon closing the outdoor dining area and when live entertainment is
offered, the noise attenuated glass doors which access the outdoor dining area shall
be closed and no customers shall remain within the outdoor dining area when it is
closed.
8. Live entertainment shall be limited to 10:00 p.m. on nights before a school day, as
calendared by the Newport Mesa Unified School District, and limited to midnight on
"non-school" nights and on all Fridays and Saturdays.
9. On New Year's Eve, the restaurant shall be permitted to operate until 1 :00 a.m. on
January 1st. Live entertainment and alcoholic beverage service shall cease at or
before 12:30 a.m.
10. The outdoor seating area shall not be permanently enclosed; however, roll-down
plastic shielding for protection from weather elements that can be rolled up after
hours is allowed. Canvas or other "temporary materials" that are affixed shall be
prohibited.
11. 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.
12. There shall be no reduced price alcoholic beverage promotions offered by the
restaurant after 9:00 p.m.
13. Food service from the regular menu shall be available to patrons up to thirty (30)
minutes before the schedule closing time of the restaurant.
The Village Inn Operator License
January 29, 2020
Page6
14. Deliveries and refuse collection for the restaurant shall be prohibited between the
hours of 10:00 p.m. and 7:00 a.m., daily.
15. Televisions shall not be oriented for the purposes of viewing from the public right
of way.
16. Applicant may encroach 3 feet into the right of way on Park Avenue with an awning
or other similar cover over the outdoor dining area.
17. 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 within 60 days of hire. This training program
must be updated every three years regardless of certificate expiration date. The
certified program must meet the standards of the certifying/licensing body
designated by the State of California. The establishment shall comply with the
requirements of this section within 60 days. 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.
18. The applicant must comply with all conditions of the Alcoholic Beverage Control
License.
19. An approved security plan is attached to this document. Any revisions or updates to
the security plan shall be submitted to the Police Department.
20. In accordance with Section 5.28.080 (Revocation, Suspension, or Modification of
License for Cause), this Operator License may be modified or revoked by the Chief
of Police 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.
21. Operator License No. OL2019-004 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the Newport Beach
Municipal Code (NBMC), unless an extension is otherwise granted.
22. Should the property be sold or otherwise come under different ownership, a new
Operator License shall be required.
23. 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
The Village Inn Operator License
January 29, 2020
Page 7
from or in any manner relate (directly or indirectly) to City's approval of the Village
Inn including, but not limited to, the Operator License No. OL2019-004 and
Conditional Use Permit No. UP2016-012 (PA2015-016).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.
OPERATOR LICENSE NONTRANSFERABLE
No operator license issued pursuant to this chapter shall be sold, transferred, or assigned
by any license holder, or by operation of law, to any other person, group, partnership,
corporation or any other entity, and any such sale, transfer or assignment, or attempted
sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such
license, and such license shall be, thereafter, null and void. A license held by an individual
in a corporation or partnership is subject to the same rules of transferability as contained
above. License shall be valid only for the exact location specified in the license.
PUBLIC NOTICE
Notice of this application was mailed to all owners of property within 300 feet of the
boundaries of the site (excluding intervening rights-of-way and waterways) including the
applicant and posted on the subject property at least 21 days prior to the decision date,
consistent with the provisions of the Municipal Code.
APPEAL PERIOD
The determination of the Chief of Police to deny or to place conditions upon the approval
of an operator license shall be appealable by the applicant or any interested party. Such
appeal shall be made in writing to the City Manager, within fifteen (15) days of the postmark
date of the Chief of Police's notice of decision. For additional information on filing an appeal,
contact the Planning Department at 949 644-3200.
REVOCATION, SUSPENSION OR MODIFICATION OF LICENSE FOR CAUSE
The Chief of Police may commence a process to revoke, suspend or modify an operator
license issued under the provisions of this chapter should there be reasonable suspicion of
any of the following:
A. The licensee has ceased to meet the requirements for issuance of license;
B. The applicant gave materially false, fraudulent or misleading information within the
application;
The Village Inn Operat or License
January 29 , 2020
Page 8
C. Impacts emanating from the establishment for which the license was issued has
substantially interfered with the peace and quiet of the neighborhood ;
D. The licensed business or activity has operated in violation of any of the requirements
of this chapter, the license as issued, or any condition thereof. The Chief of Police shall
notify the operator of the commencement of such revocation , suspension or
modification process and shall conduct an investigation to determine if, and to what
degree, one or more of the foregoing has occurred. Upon completion of the
investigation , the Chief of Police may add , delete or modify the license conditions. The
Chief of Police shall notify the applicant regarding the determination of the operator
license, on the outcome of the investigation, and the action taken . The applicant or any
interested party may appeal a determination or an added or modified condition of
approval to City Manager in the manner set forth in Section 5.25 .050(C) and (D).
By:_~~~~~~~~=~~~~---}Yc~.~
CHIEF OF POLICE
Attachments:
PD 1 City Council Resolution No. 2017-009 Approving Conditional Use Permit No.
UP2016-012
PD 2 Project Plans
PD 3 Security Plan
cc:
Charles Kinstler
127 Marine Avenue
Newport Beach, CA 92662
Attachment No. PD 1
City Council Resolution No. 2017-009
Approving Conditional Use Permit No.
UP2016-012
PA2015-016
RESOLUTION NO. 2017-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF USE PERMIT NO. UP2016-012
WITH MODIFIED CONDITIONS OF APPROVAL TO ESTABLISH
AN OUTDOOR DINING AREA ASSOCIATED WITH AN EXISTING
RESTAURANT AT 127 MARINE AVENUE (PA2015-016)
WHEREAS, an application was filed by Dan Miller, with respect to property located at 127
Marine Avenue, and legally described as Balboa Island Sec 4 Lot 15 Blk & Lot 16 Blk 1 Ex E 1 O
Ft Lots 15 requesting to establish an outdoor dining area associated with an existing restaurant.
The proposed outdoor dining area also requires relocation of existing bike racks;
WHEREAS, Mr. Miller proposes to construct a 200-square-foot outdoor dining area located
along the front of the structure on Marine Avenue. The proposed area is located within the public
right-of-way;
WHEREAS, the subject property is located within the Mixed Use Water Related Zoning
District and the General Plan Land Use Element category is Mixed Use Water Related (MU-W2}.
The Coastal Land Use Plan category is Mixed Use Water Related (MU-W);
WHEREAS, on March 19, 2009, the Planning Commission approved an amendment to
Use Permit No. UP2009-002 allowing for the remodel of the restaurant and determining the Use
Permit was consistent with the zoning provisions for alcohol sales. Conditions of approval were
established to minimize potential impacts from the restaurant operations to the nearby
neighborhood. Use Permit No. UP2009-002, as amended, and related conditions of approval
remain in effect;
WHEREAS, on December 3, 2015, the Planning Commission considered Use Permit No.
UP2015-006 for a similar request to establish an outdoor dining area. The Use Permit application
was accompanied by a request to amend the land use designation at 123 Marine Avenue to
accommodate an existing legal nonconforming encroachment of the restaurant structure on that
property. Because the action included a legislative action, the City Council was the final decision-
making body (GP2015-002, LC2015-001, CA2015-010). The Planning Commission
recommended denial of Use Permit No. UP 2015-006 and continued the land use amendment.
To allow further consideration and revision of the subject applications, the applicant voluntarily
withdrew both applications;
WHEREAS, a public hearing was scheduled to occur on October 20, 2016 in the Council
Chambers 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 Newport Beach Municipal Code
(NBMC). At the request of the applicant, the Planning Commission continued the item to its
regularly scheduled meeting on November 3, 2016;
PA2015-016 Resolution No. 2017-9
Page 2 of 5
WHEREAS, on November 3, 2016, the Planning Commission conducted a public hearing
in the Council Chambers 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. At
conclusion of the hearing, the Planning Commission approved the project and adopted
Resolution 2035 containing the written findings supporting the action;
WHEREAS, following the Planning Commission's approval, a neighbor living adjacent
to the subject property appealed the Planning Commission's approval to the City Council;
WHEREAS, on January 24, 2017, the City Council held a noticed public hearing to
consider the appeal in the Council Chambers 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.
Evidence, both written and oral, was presented to, and considered by, the City Council at the
public hearing; and
WHEREAS, on January 24, 2017 the City Council conducted a public hearing, and after
the conclusion of the public hearing, the City Co~ncil directed staff to modify the proposed
conditions of approval, which included the redesign and relocation of a portion of the proposed
outdoor dining area to Park Avenue.
NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
Section 1: The City Council does hereby uphold the Planning Commission's approval
of Use Permit No. UP2016-012 to establish an outdoor dining area associated with an existing
restaurant at 127 Marine Avenue (PA2015-016) with the modified conditions of approval
attached as Exhibit "A," and incorporated herein by reference. The City Council's decision is
made in accordance with NBMC Section 20.52.020(F), and is supported by the following
findings and facts:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan;
Fact in Support of Finding:
Finding:
The subject property is designated by the General Plan as Mixed Use Water Related.
The proposed project is consistent with the MU-W2 land use category, which is
intended to provide for marine-related uses including retail, restaurants, and visitor-
serving uses with residential on the upper floors because the project consists of an
existing restaurant and residential use.
B. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code;
PA2015-016 Resolution No. 2017-9
Page 3 of 5
Facts in Support of Finding:
1. The subject property is located in the Mixed Use Water Related Zoning district.
Eating and drinking establishments are permitted within this district subject to the
approval of a use permit.
2. The proposed outdoor dining area is approximately 200 square feet in size which
does not require parking under Table 3-10 in NBMC Chapter 20.40.040 (Off-Street
Parking Spaces Required).
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity;
Facts in Support of Finding:
1. The proposed outdoor dining area is located along Marine Avenue and Park Avenue,
an active mixed use commercial area with high pedestrian use. Outdoor dining areas
are encouraged in mixed use areas as they contribute to the vibrancy of the area.
2. The subject dining area is limited to a four ( 4) foot extension from the building edge
along Marine Avenue and a three (3) foot extension from the property line along Park
Avenue. The sidewalk will be maintained at six (6) feet which is adequate to
accommodate pedestrian passage.
3. As conditioned, the outdoor dining area and glass doors will close at 9:00 p.m. or
10:00 p.m., as detailed in Condition of Approval No. 14.
4. As conditioned, the proposed glass doors are double paned (or similar material) to
provide improved, noise attenuation, as compared to the existing exterior wall and
windows.
5. A portion of the existing bike racks on Marine Avenue will be re-located within the
public right-of-way on the 200 and/or 300 block of Marine Avenue.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities; and
Fact in Support of Finding:
Establishment of the outdoor dining area does not impact public and emergency
vehicle access and public services and utilities, as the improvements are limited to
a 200-square-foot dining area and do not encroach into the roadway.
PA2015-016
Finding:
Resolution No. 2017-9
Page 4 of 5
E. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, nor 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. The project includes modified conditions of approval to ensure that potential conflicts
with surrounding land uses are minimized to the greatest extent possible. Closing
the outdoor dining area and the noise attenuated glass doors at 9:00 p.m. daily,
except Fridays and Saturdays between Memorial Day weekend and Labor Day, on
Federal holidays, and during community events when the outdoor dining area shall
close by 10:00 p.m., or prior to commencement of live entertainment· will ensure
compliance with NBMC Chapter 10.26 (Community Noise Control).
2. An acoustical analysis, prepared by KFEB Acoustics on March 20, 2016, concluded
that with the implementation of proposed noise reduction measures the live
performances will comply with the City's nighttime noise threshold limit of 50 dBA.
3. Establishment of the outdoor dining area will require that bike racks be relocated to
the 200 and/or 300 blocks of Marine Avenue. Neighboring residents have expressed
concerns with noise created by the public loitering near the racks during late hours.
Relocation of a portion of the racks to a more central location, away from residential
uses, should address noise concerns associated with the bike racks.
Section 2: The City Council hereby waives portions of City Council Policy L-21,
"Sidewalk Cafe Standards and Procedures", to allow for a six (6) foot wide minimum pedestrian
clear width sidewalk in a potentially heavy pedestrian traffic area; to allow a barrier that would
be permanently bolted in place; to allow the outdoor dining area to be maintained above the
level of the existing sidewalk; and to allow the outdoor dining area to be located less than ten
feet from the comer of the building. The City Council also require the applicant to apply for an
Annual Outdoor Dining Encroachment Permit and pay all applicable fees and directs staff. to
relocate the existing bike racks within the public right-of-way adjacent to the Village Inn to new
bike corrals in the 200 and/or 300 blocks of Marine Avenue.
Section 3: This action is categorically exempt under Section 15303, of the State
California Environmental Quality Act (CEQA) Guidelines -Construction or Conversion of Small
Structures because the improvements associated with the outdoor dining area are considered
accessory to the main structure. The project is also categorically exempt under Section 15302,
of the State CEQA Guidelines -Class 2 (Replacement or Reconstruction) on the basis that the
land use amendment does not result in new development or change the current use of the
property located at 127 Marine Avenue.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
PA20 15-016 Resolution No. 2017-9
Page 5 of 5
Section 5: If any section, subsection, sente nce, clause or phrase of this reso l ution is,
for any reason, held to be i nval id or unconstitutional , such decision shal l not affect t he validity
or constitutionality of the remaining portions of th is resolution. The City Council hereby
declares t hat it woul d have passed this resoluti on, and each section, subsection, sentence ,
cla us e or phrase hereof, irrespective of the fact that any one o r more sections, subsections ,
se ntences, c lauses or phrases be declared invalid or unconstitutional.
Section 6: Thi s resolution shall take effect immediate ly upon its adoption by the City
Council, and t he City C le rk sha ll ce rtify the vote adop tin g the reso lution.
ADOPTED thi s 14th day of February, 2017.
ATT EST:
toJ~_Jh~
Leilani i. Brown .
City Clerk
AP PROVED AS TO FORM:
CIAEY'S OFFICE/+-,)
Aaron C. Ha rp
City Atto rn ey
Kevin Muld n
Mayor
PA2015-016
PLANNING
EXHIBIT "A"
CONDITIONS OF APPROVAL
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 Penn it No. UP2016-012 shall expire unless exercised within twenty-four (24) months from
the date of approval as specified in NBMC Section 20.54.060, unless an extension is otherwise
granted. Use Permit UP2009-002 and the 2012 Live Entertainment Permit, and associated
conditions of approval, shall remain in effect unless amended by this Use Permit.
3. The project is subject to all applicable City ordinances, policies, and standards.
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. 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.
8. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter
10.26 (Community Noise Control), all other applicable noise control requirements in the
NBMC and Condition No. 8 of the 2012 Live Entertainment Permit; however, NBMC Section
10.26.035(L} shall not apply.
9. Should the property be sold or otherwise come under different ownership, any future owners
or assignees shall be notified of the conditions of this approval by either the current business
owner, property owner or the leasing agent.
10. No exterior amplified music, sound system, televisions, outside paging system shall be
utilized in conjunction with the outdoor dining area.
11. 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 twenty (20) feet of the premises.
PA2015-016 Resolution No. 2017-9 -Exhibit A
Page 2 of 5
12. 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 NBMC to require such permits.
13. 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 Village Inn Use Permit including, but not limited to, Use Permit No. UP2016-
012. 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.
14. The hours of the outdoor dining area shall be limited to 7:00 a.m. to 9:00 p.m. daily, except
Fridays and Saturdays between Memorial Day weekend and Labor Day, on Federal
holidays, and during community events when the outdoor dining area hours shall be 7:00
a.m. to 10:00 p.m. The outdoor dining area and its noise attenuated glass doors shall close
prior to the commencement of live entertainment. Upon closing the outdoor dining area and
when live entertainment is offered, the noise attenuated glass doors which access the outdoor
dining area shall be closed and no customers shall remain within the outdoor dining area when
it is closed.
15. Live entertainment shall be limited to 10:00 p.m. on nights before a school day, as calendared
by the Newport Mesa Unified School District, and limited to midnight on "non-school" nights
and on all Fridays and Saturdays.
16. On New Year's Eve, the restaurant shall be permitted to operate until 1 :00 a.m. on January
1st. Live entertainment and alcoholic beverage service shall cease at or before 12:30 a.m.
17. All glass doors which provide access to the outdoor dining area and the door and window on
the south side of the building shall be noise attenuated to a STC rating of 34 per the Acoustical
Evaluation and Design Recommendations dated March 20, 2016 by KFEB Acoustics. The
effectiveness of the noise attenuation shall be documented in the door specifications and
reviewed during the plan check process.
18. The outdoor seating area shall not be permanently enclosed; however, roll-down plastic
shielding for protection from weather elements that can be rolled· up after hours is allowed.
Canvas or other "temporary materials" that are affixed shall be prohibited.
PA2015-016 Resolution No. 2017-9 -Exhibit A
Page 3 of 5
19. Prior to finalizing the building permit for the outdoor dining area, interior acoustical absorption
panels shall be installed per the Acoustical Evaluation and Design Recommendations dated
March 20, 2016 by KFEB Acoustics.
20. The assumptions and recommendations presented in the Acoustical Evaluation and Design
Recommendations prepared by KFEB Acoustics on March 20, 2016 shall be maintained by
the restaurant pertaining to upgrades and maintenance of attenuating materials (i.e., door and
window seals).
21. Live entertainment shall be limited to a maximum of four (4) musicians and/or vocalists using
amplified instruments and microphones at any one time. If bass sounds or noise become an
issue, the applicant will work with the Director of Community Development to provide sound
barriers or screens for the percussion or an a/I-electronic percussion system shall be utilized
so that speaker direction can control percussion as well.
22. 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.
23. There shall be no reduced price alcoholic beverage promotions offered by the restaurant after
9:00 p.m.
24. Food service from the regular menu shall be available to patrons up to thirty (30) minutes
before the schedule closing time of the restaurant.
25. Prior to occupying the outdoor dining area, the applicant shall obtain an Operator License from
the Newport Beach Police Department. A security plan shall be submitted with the Operator
License application.
Building Division
26. The applicant is required to obtain all applicable permits from the City's Building Division and
Fire Department. The construction plans must comply with the most recent, City-adopted
version of the California Building Code. The construction plans must meet all applicable State
Disabilities Access requirements. Approval from the Orange County Health Department is
required prior to the issuance of a building permit.
27. If the abatement period is extended, prior to issuance of building permits for the outdoor
dining area, a building permit application shall be filed to address the life safety and
structural issues associated with the portion of the restaurant structure which encroaches
onto 123 Marine Avenue.
28. If the abatement period is extended, prior to building permit final (certificate of occupancy)
of the outdoor dining area, building permits shall be obtained for the portion of the restaurant
structure which encroaches onto 123 Marine Avenue.
PA2015-016 Resolution No. 2017-9 -Exhibit A
Page 4 of 5
29. Structural plans shall be required for the expansion of outdoor dining. A building permit shall
be required.
30. Wheelchair accessible path of travel to the area to the outdoor dining is required.
31. Delineate a wheelchair accessible seat in the outdoor dining area.
32. In addition to the requirements listed above, additional disable access upgrades are
required which shall include: the entrance, bar counter, and/or restrooms. Accessible
upgrades shall be limited to twenty percent (20%) of the value of the work for outdoor dining.
Public Works
33. The applicant shall obtain an Annual Outside Dining Encroachment Permit from the Public
Works Department and pay all applicable fees and costs for the proposed outdoor dining
area.
34. This use permit shall not become effective until such time the City Council authorizes the
following:
a. Waiver of City Council Policy L-21 as it pertains to specific components of the
outdoor dining area. Areas for the City Council's consideration is the need to
raise the dining area six (6)-inches above the sidewalk, allowance of a six (6)-
foot wide sidewalk instead of eight (BJ-feet, the permanent nature of the
guardrails, and the projection of the accordian doors into the right-of-way.
b. Relocation of the affected bike racks or new bike corrals to be installed in the 200
and/or 300 block of Marine Avenue.
35. The applicant shall submit $6,000 to the City of Newport Beach within thirty (30) calendar
days of the effective date of the City Council authorizing relocation of the bike racks. These
funds will be used for the purchase and installation of the bike corrals to accommodate
more than ten (10) bikes and other related improvements. The new bike corrals shall be
installed prior to issuance of building permits for the outdoor dining area, and in any event,
within one hundred eighty (180) calendar days of the effective date of the City Council action
on the waiver of City Council Policy L-21 and authorization to relocate the bike racks.
36. Within three months of certificate of occupancy and full operation of the outdoor dining area,
the City shall undertake measurements of the noise generated by the outdoor dining area,
at the cost to the applicant. The analysis shall be considered by the Planning Commission
at a noticed public hearing to ensure compliance with the conditions of approval and the
City's Noise Ordinance. Modifications to conditions of approval may be required of the
project is not in compliance.
PA2015-016 Resolution No. 2017-9 -Exhibit A
Page 5 of 5
37. Prior to certificate of occupancy, the applicant shall install landscaping on-site to the
greatest extent possible, as determined acceptable to the Community Development
Director.
38. The stage shall be located per the approved plans, but the applicant may relocate the stage
to minimize noise impacts with the prior written approval of the Community Development
Director. The speakers for entertainment shall face the west and/or north and shall be
directed away from the south to minimize impacts to adjacent residential properties.
39. The interior sound curtain along the south restaurant wall shall be fully extended across the
entire wall during live entertainment.
40. The sidewalk on Park Avenue shall be widened to allow outdoor dining to occupy up to
three (3) feet of the public right of way, while maintaining a six (6)-foot wide sidewalk. The
final design shall be approved by the Public Works Director, and the applicant shall
perform, or contract with the City to perform, all required improvements and be responsible
for the cost of all necessary improvements in the public right-of-way.
41. The outdoor dining area along Marine Avenue shall be four (4) feet in width as measured
from the building wall and may be raised to match the finish floor of the restaurant interior,
as required to comply with ADA requirements. The dining area will generally wrap around
from the Park A venue dining area and extend from the building's north edge for
approximately thirty-two (32) feet to the south. An access door may be located at the
northernmost end of the outdoor dining area, but shall be no more than forty-two ( 42) inches
wide. No other doors shall be permitted along Marine A venue.
42. Deliveries and refuse collection for the restaurant shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m., daily.
43. Televisions shall not be oriented for the purposes of viewing from the public right of way.
44. The applicant will install a solid wall or p/exig/ass wall at the south end of the Marine A venue
outdoor dining area.
45. The applicant may encroach three (3) feet into the right of way on Park Avenue with an
awning or other similar cover over the outdoor dining area.
Attachment No. PD 2
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Attachment No. PD 3
Security Plan
Village Inn Security Plan
• The Village Inn operates with an interior and exterior camera system as well as an alarm system.
• All service staff will be trained in alcoholic beverage license laws and privileges regarding sales
to minors, sales to obviously intoxicated persons, after-hours service, and noise.
• In-house management is tasked with handling guest situations or circumstances with
professionalism.
• Our entire staff is involved in the communication about guest misbehavior and issues are
addressed with expedience, dignity, and professionalism by our team. If guests are asked to
depart the restaurant, they are offered transportation services though Uber, Lyft, or Taxi.
• The Newport Beach Police Department will be contacted should there be a physical incident.
• We will have an employee regularly monitor the surrounding area of the premises for loitering,
littering, and open containers of alcoholic beverages.
• At the end of each shift, a staff member will circulate around the exterior of the building to
ensure there is no loitering.
• During live entertainment, The Village Inn will ensure that a staff member is trained and will be
tasked to maintain restaurant security, as well as uphold all conditions the CUP, Operator
License, and ABC License.
• All windows and doors closed while entertainment is provided except for the ingress and egress
of customers and staff.
January 21, 2020