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HomeMy WebLinkAbout2022-79 - Approving Amendments to the Major Site Development Review and Conditional Use Permit for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32nd Street (PA2020-068)RESOLUTION NO. 2022-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AMENDMENTS TO THE MAJOR SITE DEVELOPMENT REVIEW AND CONDITIONAL USE PERMIT FOR THE LIDO HOUSE HOTEL LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2020-068) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by R.D. Olson Development ("Applicant") with respect to property located at 3300 Newport Boulevard and 475 32nd Street as legally described in Exhibit "A," which is attached hereto and incorporated by reference ("Property"); WHEREAS, on September 9, 2014, the City Council approved General Plan Amendment No. GP2012-002, Coastal Land Use Plan Amendment No. LC2012-001, Zoning Code Amendment No. CA2012-003, Site Development Review No. SD2014-001, Conditional Use Permit No. UP2014-004, and Traffic Study No. TS2014-005 for the development of Lido House Hotel at 3300 Newport Boulevard; WHEREAS, the Applicant proposes a 15,103 square -foot expansion of the Lido House Hotel to add five cottages, 28 private valet parking spaces, 14 public parking spaces, a greenhouse, a walkway, breakout rooms, a rooftop enclosure, and landscaping and fencing improvements along the perimeter of the Property ("Project"); WHEREAS, the Project requires the following approvals from the City: • General Plan Amendment ("GPA") — To amend Anomaly No. 85 to increase the development limit to 118,573 gross square feet; • Local Coastal Program Amendment ("LCPA") — To increase the development limit to 118,573 gross square feet within both the Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC"); Resolution No. 2022-79 Page 2 of 4 • Zoning Code Amendment ("ZCA") — To increase the development limit to 118,573 gross square feet; • Major Site Development Review Amendments ("SDR")— To ensure the changes to the Property are developed in accordance with applicable development standards; • Conditional Use Permit Amendments ("CUP") — To allow the operational changes that result from the changed site plan and floorplan and the sale of alcohol, and • Addendum No. 2 to the Certified Final Environmental Impact Report for the Lido House Hotel — The addendum addresses reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is categorized Visitor Serving Commercial — Lido Village (CV-LV) and Anomaly No. 85 by the City of Newport Beach General Plan ("General Plan") and located within with the Commercial Visitor -Serving —Lido Village (CV-LV) Zoning District, WHEREAS, the Planning Commission held a duly noticed public hearing on July 21, 2022, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the conclusion of the public hearing, the Planning Commission voted unanimously (7 ayes — 0 nays) to adopt Planning Commission Resolution No. PC2020-020 recommending approval of the Project to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on October 25, 2022, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was provided in accordance with the Ralph M. Brown Act and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. Resolution No. 2022-79 Page 3 of 4 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has considered the recommendation of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: The City Council of the City of Newport Beach hereby approves the amendments to the Major Site Development Review and the Conditional Use Permit, based upon the Site Development Review and Conditional Use Permit Findings attached hereto as Exhibit "B" and subject to the conditions of approval attached hereto as Exhibit "C" both of which are incorporated herein by reference. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: Pursuant to Section 15062 of the California Environmental Quality Act ("CEQA") Guidelines, the changes authorized under the Project are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent Environmental Impact Report ("EIR") does not need to be prepared. The City prepared and certified a final EIR for the Lido House Hotel (SCH#2013111022). State CEQA Guidelines allow for the updating and use of a previously certified EIR for projects that have changed or are different from the previous project. In cases where changes or additions occur with no new significant environmental impacts, an addendum to the previously certified EIR may be prepared pursuant to CEQA Guidelines Section 15164. The City prepared Addendum No. 2 to the Lido House Hotel's final EIR for the Project, which concludes there are no new environmental impacts and no impacts of greater severity that would result from approval and implementation of the Project. Resolution No. 2022-79 Page 4 of 4 Section 6: This resolution shall be effective immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of October, 2022. ATTEST: Brown - City APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney h- U kf- Attachment: Exhibit A — Legal Description Exhibit B — Site Development Review and Conditional Use Permit Findings Exhibit C — Conditions of Approval EXHIBIT A Legal Description LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK"A"; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOTALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89"5'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: LOTS ONE (2) AND TWO (2) IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH' AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA EXHIBIT B Site Development Review and Conditional Use Permit Findings Site Development Review In accordance with Section 20.52.080(F) (Site Development Reviews — Findings and Decisions) of the NBMC, the following findings and facts in support of such findings are set forth as follows: Findinq: A. The proposed development is allowed within the subject Zoning district; Fact in Support of Finding: The Project is within the Visitor Serving Commercial - Lido Village (CV-LV) zoning district. Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC allows visitor accommodations and related accessory uses subject to the approval of a conditional use permit. Finding: B. The proposed development is in compliance with all of the applicable criteria [below]: a. Compliance with this Section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure; b. The efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent development; and whether the relationship is based on standards of good design; c. The compatibility in terms of bulk, scale, and aesthetic treatment of structures on the site and adjacent developments and public areas; d. The adequacy, efficiency, and safety of pedestrian and vehicular access, including drive aisles, driveways, and parking and loading spaces; e. The adequacy and efficiency of landscaping and open space areas and the use of water efficient plant and irrigation materials; and f. The protection of significant views from public rights) -of -way and compliance with Section 20.30.100 (Public View Protections); and Facts in Support of Finding: 1. The modified 135-room hotel project is consistent with the Visitor Serving Commercial -Lido Village (CV-LV) General Plan land use designation, Visitor Serving Commercial - Lido Village (CV-LV) Coastal Land Use Plan category, and the Visitor Serving Commercial - Lido Village (CV-LV) Zoning District for the Property that provides for the horizontal or vertical intermixing of commercial, visitor accommodations, residential, and/or civic uses. Civic uses could include, but are not limited to, a community center, public plazas, and/or public parking. 2. The Visitor Serving Commercial - Lido Village (CV-LV) Zoning District includes setback standards (0 to 70 feet depending on height), open space (20 percent of the site), and building height standards (55 feet to flat roofs, 60 feet for sloping roofs and up to 65 feet for architectural features). The new single -story greenhouse structure will be set back a minimum of 53 feet from Newport Boulevard. The remaining modified hotel building will maintain a setback of more than 69 feet from Newport Boulevard, more than 15 feet from 32nd Street, and more than 62 feet from the northerly (interior) property line. The height of the sloping roof of the four- story portion of the modified hotel remains less than 58 feet, 5 inches and all other portions of the hotel are below this height. Lastly, the proposed site plan provides at least 20 percent of the Property as open space consisting of hardscape and landscaping between the hotel and Newport Boulevard and 32nd Street in compliance with the proposed open space standard. 3. The Project is compatible with surrounding development and public spaces in terms of bulk, scale and aesthetic treatments. The large setbacks identified in Facts B.2 above help offset the taller portions of the proposed buildings. The hotel buildings have been designed with a one-, two- and three-story elements along Newport Boulevard while providing a significant setback from the street providing areas for public access, landscaping, outdoor dining, and hotel use. Notwithstanding the new greenhouse structure, the modified hotel building is over 69 feet from the Newport Boulevard. The portions of the hotel structure that are three and four stories are located along the northerly and easterly portion of the site away from public spaces and closer to the back of the abutting shopping center that is developed with large buildings with heights close to 35 feet. Additionally, these-talcomponents are separa etc -by approximately 240 feet from the Lido Villas residential project to the east. Based upon the Project drawings, all elevations of proposed new additions will include consistent architectural treatments, articulation and modulation of building masses providing visual interest with a coastal architectural theme specified by the Lido Village Design Guidelines. 4. The Project retains the two large ficus trees designated by Council Policy G-1 (Retention, Removal, and Maintenance of City Trees) as Landmark Trees. The Project also retains the 10 existing tall date palm trees, and provides pedestrian areas, seating areas, and enhanced pavement increasing the aesthetic and use qualities of the setback area. The setback area also provides pedestrian connections from the intersection of Newport Boulevard and 32"d Street along the streets in furtherance of the goals of the Lido Village Design Guidelines. Lastly, the building elevations include lighthouse -like architectural features, simple gable roofs, tight overhangs, simple block massing, and wood siding all with a clear coastal theme consistent with the Lido Village Design Guidelines. 5. Access to the Property, on -site circulation, and parking areas are designed to provide standard -sized parking spaces consistent with Title 20 of the NBMC, 26- foot-wide, two-way driveways, and the minimum vehicle turning radius to accommodate and provide safe access for residents and guests (including the disabled), emergency vehicles, delivery trucks, and refuse collections vehicles, as determined by the City Traffic Engineer. 6. The Project is subject to Chapter 14.17 (Water -Efficient Landscaping) of the NBMC and compliance will be confirmed at plan check prior to issuing building permits. 7. Consistent with Section 20.30.100 (Public View Protection), the Certified EIR (Section 5.2 Aesthetics/Light and Glare) provides an analysis of potential impacts to public views from Sunset View Park, Cliff Drive Park and Ensign View Park. Based upon that analysis, the proposed hotel will blend into the urban background and not block any important focal points including the horizon within existing public views from these vantages. Additionally, there are other taller buildings in the vicinity suggesting that proposed building would not be out of character. Specifically, 601 and 611 Lido Park Drive and 3388 Via Lido are taller than the existing hotel and the Project. No significant public views through or near the Project site are present in the immediate vicinity of the site. For these reasons, the analysis concludes that there will be no material impact to public coastal views. While the Project includes increased floor area for the hotel, the proposed five new cottages will be added in line with the existing cottages and most of the other new area will be added on the ground level. Finding: C. The proposed development is not detrimental to the harmonious and orderly growth of the City, or endanger jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed development. Facts in Support of Finding: 1. The Project will maintain consistency with the Lido Village Design Guidelines by continuing an architecturally pleasing coastal theme. Its articulation and building modulation serve to enhance the urban environment consistent with the Lido Village Design Guidelines. The Project provides a large setback area between the hotel and Newport Boulevard and 32nd Street that includes pedestrian paths, seating and landscape areas that will create a community focal point and providing connections to abutting uses. While the Project includes a low barrier fence along the Newport Boulevard and 32nd Street frontages, the wide gates will remain open at all times when there are no special events occurring in the front lawn area. 2. The Property is in a developed commercial area with limited sensitive land uses located nearby. The overall height of the Project will not materially impact any public views from General Plan designated vantages or significantly shade surrounding properties as demonstrated in Section 5.2 Aesthetics/Light and Glare of the Certified EIR. 3. The Project includes 165 on -site parking spaces using a valet parking plan and bicycle parking. The Applicant retained Linscott Law & Greenspan to prepare a parking demand analysis. The analysis forecasts a peak parking demand of 151 parking spaces. Therefore, the Project has been designed accommodate all anticipated parking demand. Additionally, the parking lot and vehicular access thereto has been designed to accommodate and provide safe access for passenger vehicles, emergency vehicles, delivery trucks, and refuse collection vehicles. The City Traffic Engineer reviewed and accepted both the parking demand analysis and the revised parking lot layout. 4. The Project includes the removal of the former Fire Station No. 2 building and the construction of surface parking in its place, including 14 new public parking spaces accessed from Via Oporto. These parking spaces will enhance access by increasing the public parking pool in a commercial area frequented by residents and visitors alike. 5. Direct vehicular access to Via Lido Plaza will be maintained by the existing driveway and easement located just west of the intersection of Finley Avenue and Newport Boulevard. The main entry to the hotel at Finley Avenue includes adequate parking spaces and vehicular area to accommodate short-term registration and valet parking without conflicting with vehicle access to Via Lido Plaza. The parking control gate at 32nd Street is designed and setback sufficiently to avoid conflicts along 32nd Street. 6. Closing the Property to unrestricted vehicular access by the public through the site to 32nd Street would discontinue direct vehicular access to Via Lido Plaza through an existing access gate located near 475 32nd Street. Despite the closure of this access point, adequate vehicular access to Via Lido Plaza for cars, delivery trucks and emergency vehicles is currently provided by an existing driveway at Finley Avenue and an existing driveway from Via Lido. Large delivery trucks and fire trucks can access both parking areas at Via Lido Plaza based upon information contained in a letter from Fuscoe Engineering dated April 27, 2014, that is included as part of the Response to Comments within the Certified Final EIR. 7. The Project is subject to the City's Outdoor Lighting requirements contained within Section 20.30.070 (Outdoor Lighting) of the NBMC. 8. Any rooftop mechanical equipment will continue to be fully enclosed or screened from view consistent with the NBMC. 9. The construction will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval shall be complied with. Alcohol Sales Finding: D. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code. Facts in Support of Finding: 1. The hotel with its restaurant, bar and lounges has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. While the hotel is located in an area which has a higher concentration of alcohol licenses than some areas, the hotel will not operate as a "public premises" and appropriate licensing and enforcement will be administered by the California Department of Alcoholic Beverage Control. The location of the Project in relationship to residential zoning districts, day care centers, hospitals, park facilities, places of worship, schools, other similar uses and uses that attract minors has been considered. Operational conditions recommended by the Police Department for the sale of alcoholic beverages, including the requirement to obtain an operator license, will ensure compatibility with the surrounding uses and minimize alcohol related incidents. 2. The Property is in an area with a variety of land uses including commercial, retail, residential, and access the beach and bay. The operational characteristics have been conditioned to maintain the compatibility with surrounding land uses. 3. The Project does not involve an expansion of area devoted to alcohol sales and service. The existing use has been in operation for approximately four years and has not proven detrimental. Conditional Use Permit In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC, the following findings and facts in support of such findings are set forth as follows: Finding: E. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. Fact in Support of Finding B.1 is hereby incorporated by reference. 2. The Property is not located within a specific plan area. 3. The Project maintains consistency with the following Newport Beach General Plan Policies, as discussed in detail within Table 5.1-4 of the Certified EIR and as summarized below: a. Land Use Element Policy LU 1.1 (Unique Environment). Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach's topography, architectural diversity, and view sheds. b. Land Use Element Policy LU 1.6 (Public Views). Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. The Property is located within the Lido Village area of the City. The modified site layout, building architecture, and landscaping will be consistent with the Lido Village Design Guidelines and City -adopted goals to revitalize this resident and visitor -serving commercial area. The Project is within three City -designated, protected views and represent views toward Newport Bay and the Pacific Ocean (identified visual resources). As analyzed in the Certified EIR and Addendum No. 2, implementation of the proposed project would not impair the existing views to the Pacific Ocean and Newport Bay from these public coastal areas. Implementation of the proposed project would not significantly alter the natural landform. C. Land Use Element Policy LU 2.6 (Visitor Serving Uses). Provide uses that serve visitors to Newport Beach's ocean, harbor, open spaces, and other recreational assets, while integrating them to protect neighborhoods and residents. The Project will continue to provide visitors with accommodations located in proximity to recreational assets, such as the ocean. In addition, the Project will continue to provide public open space areas, including pedestrian plazas, landscape areas, and other amenities along Newport Boulevard and 32nd Street, providing passive recreation opportunities. The four-story massing of the building continues to create a sense of arrival at the entry, while stepping down in scale and providing architectural articulation along Newport Boulevard and 32nd Street. The architecture will continue to include the residential vernacular of local coastal homes, and the hotel's residential scale would increase the pedestrian scale of the project site in context of the surrounding commercial uses. d. Land Use Element Policy LU 2.8 (Adequate Infrastructure). Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on). There are adequate infrastructure and services available to serve the Project and it will be adequately supported by existing transportation infrastructure within the area. e. Land Use Element Policy LU 3.2 (Growth and Change). Enhance existing neighborhoods, districts, and corridors, allowing for reuse and infill with uses that are complementary in type, form, scale, and character. Changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach's share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The Project will continue to provide visitor accommodations, recreational, personal services, shopping, dining, and assembly opportunities within Lido Village. The modified site layout, building architecture, and landscaping is planned to be consistent with the Lido Village Design Guidelines and the City's goals to revitalize Lido Village. f. Land Use Element Policy LU 4.1 (Land Use Diagram). Accommodate land use development consistent with the Land Use Plan. Figure LU1 depicts the general distribution of uses throughout the City and Figure LU2 through Figure LU15 depict specific use categories for each parcel within defined Statistical Areas. Table LU1 (Land Use Plan Categories) specifies the primary land use categories, types of uses, and, for certain categories, the densities/intensities to be permitted. The permitted densities/intensities or amount of development for land use categories for which this is not included in Table LU1, are specified on the Land Use Plan, Figure LU4 through Figure LU15. These are intended to convey maximum and, in some cases, minimums that may be permitted on any parcel within the designation or as otherwise specified by Table LU2 (Anomaly Locations). The density/intensity ranges are calculated based on actual land area, actual number of dwelling units in fully developed residential areas, and development potential in areas where the General Plan allows additional development. The Property is currently designated Commercial Visitor Serving — Lido Village. The Project would add 5 rooms to an existing 130-room hotel and is consistent with this designation and the referenced Policy. g. Land Use Element Policy LU 5.3.5 (Pedestrian -Oriented Architecture and Streetscapes). Require that buildings located in pedestrian -oriented commercial and mixed -use districts (other than the Newport Center and Airport Area, which are guided by Goals 6.14 and 6.15, respectively, specific to those areas) be designed to define the public realm, activate sidewalks and pedestrian paths, and provide "eyes on the street"... The Project will maintain a site layout, building architecture, and landscaping that is consistent with the Lido Village Design Guidelines and the Lido Village Master Plan. The hotel will still be no more than four stories with architectural features up to 58.5-feet in height. The upper levels will remain unchanged and will still be set back away from the street edges, increasing the pedestrian scale from 32"d Street and Newport Boulevard. The Project will continue to provide public open space areas, pedestrian plazas, landscape areas, and other amenities along Newport Boulevard and 32"d Street. h. Land Use Element Policy LU 5.3.6 (Parking Adequacy and Location). Require that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. Surface parking is primarily located east of the hotel building, away from Newport Boulevard. The parking lot will continue to be gated except for parking within the entry at Newport Boulevard and Finley Avenue and the on -street parking spaces located along 32"d Street. The surface parking would be screened from the open space/paseo and pedestrian areas by the hotel structure and by landscaping located around the perimeter of the Project site. Land Use Element Policy LU 5.6.1 (Compatible Development). Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. The Project would continue to enhance pedestrian access along Newport Boulevard and 32nd Street through public open space areas, pedestrian plazas, and landscaped areas, providing a transition from Newport Bay to the Pacific Ocean. The pathway along Newport Boulevard would lead from the beach and the intersection of Newport Boulevard and 32nd Street to Finley Avenue, connecting with Lido Village. Thus, the Project would provide for a compatible interface between neighborhoods, districts, and corridors within the area. f Land Use Element Policy LU 5.6.2 (Form and Environment). Require that new and renovated buildings be designed to avoid the use of styles, colors, and materials that unusually impact the design character and quality of their location such as abrupt changes in scale, building form, architectural style, and the use of surface materials that raise local temperatures, result in glare and excessive illumination of adjoining properties and open spaces, or adversely modify wind patterns. By maintaining the required setbacks to Newport Boulevard and 32nd Street, the Project is considered compatible in massing and scale to the surrounding uses. In addition, the Project complies with the Lido Village Design Guidelines and the NBMC, ensuring operational light and glare associated with street lighting, security lights, and interior lights would not be significant. The proposed materials would not raise local temperatures or result in glare or excessive illumination. In addition, the size and scale of the Project would not adversely modify wind patterns. k. Land Use Element Policy LU 5.6.3 (Ambient Lighting). Require that outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient illumination of their location. The Project is required to comply with Mitigation Measure AES-3 in order to ensure all construction -related lighting is located and aimed away from adjacent residential areas and consist of the minimal wattage necessary to provide safety and security at the Property. 1. Land Use Element Policy LU 6.1.1 (Adequate Community Supporting Uses). Accommodate schools, government administrative and operational facilities, fire stations and police facilities, religious facilities, schools, cultural facilities, museums, interpretative centers, and hospitals to serve the needs of Newport Beach's residents and businesses. There are adequate infrastructure and services available to serve the Project. M. Land Use Element Policy LU 6.8.1(Urban Form). Establish development patterns that promote the reinforcement of Balboa Peninsula's pedestrian scale and urban form as a series of distinct centers/nodes and connecting corridors. n. Land Use Element Policy LU 6.8.2 (Component Districts). Lido Village and McFadden Square should be emphasized as the primary activity centers of the northern portion of the Peninsula, linked by corridors of retail and visitor -serving uses along Newport Boulevard and a mix of marine - related and residential uses on the Bay frontage. These surround a residential core in the inland section of Cannery Village. Balboa Village will continue to serve as the primary center of the lower Peninsula, surrounded by residential neighborhoods along and flanking Balboa Boulevard. The Project will remain consistent, as analyzed under Policies LU 5.3.5 and 5.3.6 above. o. Land Use Element Policy LU 6.9.1 (Priority Uses). Encourage uses that take advantage of Lido Village's location at the Harbor's turning basin and its vitality and pedestrian character, including visitor -serving and retail commercial, small lodging facilities (bed and breakfasts, inns), and mixed - use buildings that integrate residential with retail uses [areas designated as "MU-W2"; Subarea "A' j. A portion of the Harbor frontage and interior parcels (Subarea "B') may also contain multi -family residential [designated as "RM(20/ac)'7, and the parcel adjoining the Lido Isle Bridge, a recreational and marine commercial use ('designated as "CM(0.3)'7. The Project proposes to add 5 rooms to an existing 130-room boutique hotel, providing visitor accommodations, recreational, personal services, shopping, dining, and assembly opportunities within Lido Village in proximity to the Newport Harbor and the Ocean allowing the setting and location to enhance the proposed use. Pedestrian plazas, landscape areas, and other amenities will be maintained along Newport Boulevard and 32na Street, further enhancing the pedestrian character of the area. A Circulation Element Policy CE 2.1.1 (Level of Service Standards). Plan the arterial roadway system to accommodate projected traffic at the following level of service standards: A. Level of Service (LOS) "D" throughout the City, unless otherwise noted. B. LOS "E" at any intersection in the Airport Area shared with Irvine. C. LOS "E" at Coast Highway (EVIL and Dover Drive (NS) due to right-of- way limitations. D. LOS 'E" at Marguerite Avenue (NS) and Coast Highway (EVIL in the pedestrian -oriented area of Corona del Mar. E. LOS "E" at Goldenrod Avenue (NS) and Coast Highway (EM in the pedestrian -oriented area of in Corona del Mar. Implementation of the Project would not result in significant impacts to any of the study intersections based on the agency -established thresholds of significance. q. Circulation Element Policy CE 2.2.6 (Emergency Access). Provide all residential, commercial, and industrial areas with efficient and safe access for emergency vehicles. Egress/ingress for the Project has been designed to accommodate emergency vehicles to meet applicable Fire Code access requirements. According to the Newport Beach Fire Department, all the fire apparatus access road requirements, would be met with the Project. Access to all portions of Via Lido Plaza would continue to be met by public and private roadways. r. Circulation Element Policy CE 5.1.2 (Pedestrian Connectivity). Link residential areas, schools, parks, and commercial centers so that residents can travel within the community without driving. The Project will remain consistent, as analyzed under Policy LU 6.9.1 above. S. Circulation Element Policy CE 7.1.1 (Required Parking). Require that new development provide adequate, convenient parking for residents, guests, business patrons, and visitors. The Project will remain consistent, as analyzed under Policy 5.3.6 above. t. Natural Resources Element Policy NR 1.1 (Water Conservation in New Development). Enforce water conservation measures that limit water usage, prohibit activities that waste water or cause runoff, and require the use of water —efficient landscaping and irrigation in conjunction with new construction projects. The Project would be required to comply with Chapter 14.17 (Water - Efficient Landscaping) of the NBMC, which establishes a structure for water -efficient landscapes in new and modified construction projects. U. Natural Resources Element Policy NR 3.4 (Storm Drain Sewer System Permit). Require all development to comply with the regulations under the City's municipal separate storm drain system permit under the National Pollutant Discharge Elimination System. The Project would be required to comply with the regulations under the National Pollutant Discharge Elimination System. V. Natural Resources Element Policy NR 3.9 (Water Quality Management Plan). Require new development applications to include a Water Quality Management Plan (WQMP) to minimize runoff from rainfall events during construction and post -construction. The Applicant will be required to submit a Final Water Quality Management Plan (WQMP) for approval by the City that complies with the requirements of the latest Orange County Public Works Drainage Area Management Plan in accordance with Mitigation Measure HWQ-4 of the Certified EIR. W. Natural Resources Element Policy NR 3.10 (Best Management Practices). Implement and improve upon Best Management Practices (BMPs) for residences, businesses, development projects, and City operations. X. Natural Resources Element Policy NR 3.11 (Site Design and Source Control). Include site design and source control BMPs in all developments. When the combination of site design and source control BMPs are not sufficient to protect water quality as required by the National Pollutant Discharge Elimination System (NPDES), structural treatment BMPs will be implemented along with site design and source control measures. Y. Natural Resources Element Policy NR 3.20 (Impervious Surfaces). Require new development and public improvements to minimize the creation of and increases in impervious surfaces, especially directly connected impervious areas, to the maximum extent practicable. Require redevelopment to increase area of pervious surfaces, where feasible. The Project would incorporate Low Impact Development (LID) features and BMPs, which would include pervious pavement, infiltration trenches, and an infiltration gallery. Although impervious surfaces would be slightly increased with the Project, overall the Project would reduce runoff to the off -site storm drain facilities. Z. Natural Resources Element Policy NR 8.1 (Management of Construction Activities to Reduce Air Pollution). Require developers to use and operate construction equipment, use building materials and paints, and control dust created by construction activities to minimize air pollutants. The Project would be required to comply with Mitigation Measures AQ-1 and AQ-2 of the Certified EIR, reducing air pollutant emissions from construction activities. These measures call for the maintenance of construction equipment, the use of non-polluting and non -toxic building equipment, and minimizing fugitive dust. aa. Natural Resources Element Policy NR 18.1 (New Development). Require new development to protect and preserve paleontological and archaeological resources from destruction, and avoid and minimize impacts to such resources in accordance with the requirements of CEQA. Through planning policies and permit conditions, ensure the preservation of significant archeological and paleontological resources and require that the impact caused by any development be mitigated in accordance with CEQA. The Property does not contain any known archaeological or paleontological resources. Mitigation from the Certified EIR would require a Native American Monitor and Paleontological Resource Monitor be present during earth removal or ground disturbance activities at the site. If resources are discovered, all earth removal or disturbance activities would be suspended and a mitigation program would be implemented. bb. Natural Resources Element Policy NR 18.3 (Potential for New Development to Impact Resources). Notify cultural organizations, including Native American organizations, of proposed developments that have the potential to adversely impact cultural resources. Allow qualified representatives of such groups to monitor grading and/or excavation of development sites. The City has previously conducted Senate Bill 18 consultation for the project site as part of the environmental documentation for the City Hall Reuse Project, prior to the Certified EIR for the original Lido House Hotel project. During the previous SB 18 consultation, the City received an inquiry from one tribal representative. The Native American representative indicated that he could coordinate monitoring services during grading/construction if it is determined that such monitoring is required. The tribal representative did not indicate any knowledge of the presence of any significant cultural or archaeological resources on the Property. cc. Natural Resources Element Policy NR 20.1 (Enhancement of Significant Resources). Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points, as shown in Figure NR3. The Project will remain consistent, as analyzed under Policy LU 1.1 above. dd. Natural Resources Element Policy NR 20.2. (New Development Requirements). Require new development to restore and enhance the visual quality in visually degraded areas, where feasible, and provide view easements or corridors designed to protect public views or to restore public views in developed areas, where appropriate. The Property is within three City -designated protected views that represent views toward Newport Bay and the Pacific Ocean (identified visual resources). As analyzed in the Key View analysis of the Certified EIR, implementation of the proposed project would not impair the existing views to the Pacific Ocean and Newport Bay from these public coastal areas. 4. Addendum No. 2 finds the Project is consistent with these goals and policies. All mitigation measures specified in the Mitigation Monitoring and Reporting Program for the Certified EIR have been incorporated as conditions of approval to ensure this consistency is maintained. Finding: F. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. Facts in Support of Findings A.1, B.2, B.7, C.3, C.6, and C.7 are hereby incorporated by reference. As conditioned, the Project will maintain compliance with all applicable NBMC standards. 2. The hotel will continue to provide alcohol sales in conjunction with late night hours and as such, the operator is required to obtain a new Operator License from the Police Department pursuant to Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours, Entertainment, and/or Dance) of the NBMC. This requirement is included in the conditions of approval. Finding: G. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. Facts in Support of Findings A.1, B.2, B.3, B.5, C.2, C.3, C.5, D.1 and D.3 are all hereby incorporated by reference. 2. The proposed modifications to the existing hotel and its accessory structures are not changing the use, therefore, operation of the Project will not become incompatible with other existing and allowed uses in the vicinity. The added storage areas will help hotel staff be more efficient with less trips outside the building and the enlarged hallways will create more pre -function space to limit the amount of people outside during events. The new breakout rooms are intended to provide an enhanced accommodation that will serve the existing larger meeting and event rooms. Any events outside normal business operations will continue to be reviewed consistent with the provisions of the NBMC to ensure compatibility is maintained. Finding: H. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Findin : 1. The Property is approximately 4.25 acres in size and can accommodate the Project, including adequate parking based upon Project's anticipated parking demand as analyzed in the Linscott Law & Greenspan parking demand analysis and based upon the parking analysis contained in Section 5.5 Traffic/Circulation of the Lido House EIR. Additionally, the site also maintains a large, enhanced setback area comprising at least 20 percent of the site for public walkways, landscaping, and open space. 2. Implementation of the Project will include demolition of the building at 475 32na Street and reconfiguration of the driveway accessed from 32na Street. The site will maintain direct access from 32nd Street and Newport Boulevard at the signalized intersection with Finley Avenue. 3. Adequate public and emergency vehicle access, public services, and utilities exist to accommodate the Project as concluded by the Lido House Hotel FEIR No. ER2014-003 (SCH#2013111022) (PA2013-217) and Addendum No. 2. The Project has also been reviewed and accepted in concept by the City Traffic Engineer and the Fire Department. Finding: 1. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The use has operated at this location for approximately four years and has not proven detrimental. The Project was also reviewed by the City's Code Enforcement Division and Police Department with no objection. 2. The Project is expected to enhance the hotel by providing additional accommodations and amenities for visitors. Operational conditions of approval are included to help ensure the use maintains harmony with the surrounding area. 3. The use authorized by this CUP is not a nightclub and its prohibition will avoid potential land use conflicts, nuisances, and police intervention potentially associated with nightclubs. EXHIBIT C Conditions of Approval Planning Division 1. The Project shall be in substantial conformance with the approved plans except as modified by applicable conditions of approval. 2. This Site Development Review and Conditional Use Permit shall expire unless exercised within 24 months from the date of approval of a Coastal Development Permit unless an extension is otherwise granted by the Community Development Director or the Planning Commission by referral or appeal. 3. Prior to the issuance of building permits, approval from the California Coastal Commission is required. 4. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 5. All development shall be implemented in compliance with all mitigation measures contained within the approved Mitigation Monitoring and Reporting Program of the Lido House Hotel, Final Environmental Impact Report No. ER2014-003 (SCH#2013111022). 6. The Applicant shall comply with all federal, state, and local laws. Violation of any of those laws in connection with the use may be cause for modification or revocation of this Site Development Review and Conditional Use Permit. 7. Approval of this Site Development Review and Conditional Use Permit authorize a hotel which is intended for occupancy by transients for dwelling, lodging, or sleeping purposes for periods of thirty (30) days or less. The selling of timeshares or any other form of fractional ownership of the hotel shall be prohibited. Additionally, no portion of the hotel shall be rented or otherwise used for residential purposes. 8. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. A copy of the Resolution approving this Site Development Review and Conditional Use Permit, including the conditions of approval within Exhibit "C" shall be incorporated into the final approved Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to the issuance of a buildinq permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division and the Municipal Operations Department. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. The irrigation system shall be adjustable based upon either a signal from a satellite or an on -site moisture - sensor. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 11. All landscape materials and landscaped areas shall be installed and maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 12. Reclaimed water shall be used whenever available, assuming it is economically feasible. 13. Water leaving the project site due to over -irrigation of landscape shall be minimized. If an incident such as this is reported, a representative from the Code and Water Quality Enforcement Division of the City Manager's Office shall visit the location, investigate, inform and notice the responsible party, and, as appropriate, cite the responsible party and/or shut off the irrigation water. 14. Watering shall be done during the early morning or evening hours (between 4 p.m. and 9 a.m.) to minimize evaporation the following morning. 15. Water shall not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. Parking areas and vehicular driveways shall be swept on a weekly basis. 16. Prior to the final of building permits, the Applicant shall schedule an inspection by the Planning Division to confirm that all landscaping was installed in accordance with the approved plan. 17. All proposed signs shall be in conformance with applicable provisions of the Zoning Code and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. The final location of the signs shall be reviewed by the City Traffic Engineer and shall conform to City Standard 110-L to ensure that adequate sight distance is provided. All signs shall be architecturally compatible and made with high quality, durable materials. Cabinet signs are prohibited. 18. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut-off fixtures and light standards shall not exceed 20 feet in height. 19. Prior to the issuance of buildinq permits, the Applicant shall prepare a photometric study in conjunction with a final lighting plan for approval by the Planning Division. 20. The Property shall be illuminated for security and the site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative nuisance to surrounding property. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 21. Prior to issuance of the certificate of occupancy, the Applicant shall schedule an evening inspection by the Planning Division to confirm control of light and glare as required by applicable provisions of Title 20 of the NBMC and the conditions of approval. 22. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons and any events conducted on the project site, food service operations, delivery/loading operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the Newport Beach Municipal Code 23. All mechanical equipment shall be screened from view of consistent with Title 20 of the NBMC and shall be sound attenuated in accordance with Chapter 10.26 (Community Noise Control) of the NBMC. 24. Trash receptacles for patrons shall be conveniently located both inside and outside of the facility and shall be routinely emptied. All trash shall be stored within the building or within trash bins stored within trash enclosure(s). 25. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises as necessary. 26. Storage of any materials outside of the buildings or in parking areas property shall be prohibited. 27. The trash enclosure shall accommodate a minimum of four, 4-foot by 6-foot trash bins and shall include doors and a roof structure to screen the contents of the enclosure. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. 28. The construction and equipment staging areas shall be located in the least visually prominent area on the site and shall be properly maintained and/or screened to minimize potential unsightly conditions. 29. A six-foot high screen and security fence shall be placed around the construction site during construction. Construction equipment and materials shall be properly stored on the site when not in use. 30. Traffic control and truck route plans shall be reviewed and approved by the Public Works Department before implementation. Large construction vehicles shall not be permitted to travel narrow streets as determined by the Public Works Department. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagman. 31. Construction activities which produce loud noise that disturb, or could disturb a person of normal sensitivity who works or resides in the vicinity, shall be limited to the weekdays between the hours of 7 a.m, and 6:30 p.m. No such noise occurrences shall occur at any time on Saturdays, Sundays or federal holidays. 32. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Lido House Hotel Expansion including, but not limited to, Planning Application No. PA2020-068 including, but not limited to, the related General Plan Amendment, Local Coastal Program Amendment, Zoning Code Amendment, Site Development Review, Conditional Use Permit and/or the City's related California Environmental Quality Act determinations and the certification of the Final Environmental Impact Report No. ER2014-003 (SCH#2013111022) and Addendum No. 2 to Final Environmental Impact Report No. ER2014-003. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Applicant shall not be required to indemnify the City from any lawsuit, or damages, costs, attorneys' fees, or other expenses related thereto, that is brought by any person or entity that is currently a party to litigation initiated by the City related to the former city hall site, including the former Fire Station No. 2 site. Building Division 33. The Applicant is required to obtain all applicable permits from the City's Building Division and Fire Department for demolition and construction. The construction plans must comply with the most recent, City -adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. The construction plans must comply with the California Green Building Standards Code. 34. A grading bond shall be required prior to grading permit issuance. 35. A geotechnical report shall be submitted to the Building Division for review prior to grading permit issuance. 36. Prior to the issuance of grading permits, a Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to comply with the General Permit for Construction Activities shall be prepared, submitted to the State Water Quality Control Board for approval and made part of the construction program. The project Applicant will provide the City with a copy of the NOI and their application check as proof of filing with the State Water Quality Control Board. This plan will detail measures and practices that will be in effect during construction to minimize the project's impact on water quality. 37. Prior to issuance of grading permits, the Applicant shall prepare and submit a Water Quality Management Plan (WQMP) for the proposed project, subject to the approval of the Building Department and Code and Water Quality Enforcement Division. The WQMP shall provide appropriate Best Management Practices (BMPs) to ensure that no violations of water quality standards or waste discharge requirements occur. 38. A drainage and hydrology study shall be submitted prior to grading permit issuance. 39. A wheelchair -accessible path of travel shall be provided from Finley Avenue, Newport Boulevard, and 32nd Street including public transportation areas to all guest rooms and facilities. Proposed wood shingles shall be Class A. 40. Fire Sprinkler System shall be Type 13. Fire Department 41. The Applicant shall provide an exiting analysis for all new assembly spaces 42. New buildings shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. If the existing structure has an emergency responder radio coverage system, the addition shall be accounted for and improvement shall be made to the system unless testing by a third party determines that it is not required. 43. A fire flow determination consistent with Newport Beach Fire Department Guideline B.01 "Determination of Required Fire Flow" shall be required for the proposed buildings prior to the issuance of a building permit. The fire flow information shall be included on final building drawings. 44. All weather access roads shall be installed and made serviceable prior to and during time of construction. 45. Fire hydrants shall be required to be located within 400 feet of all portions of the building subject to the review and approval of the Newport Beach Fire Department. Additional hydrants may be required dependent on fire flow calculations. All existing and proposed fire hydrants within 400 feet of the project site shall be shown on the final site plan. 46. Blue hydrant identification markers shall be placed adjacent to fire hydrants consistent with Newport Beach Fire Department guidelines. 47. A fire apparatus access road shall be provided to within 150 feet of all exterior walls of the first floor of the building. The route of the fire apparatus access road shall be approved by the Fire Department. The 150 feet is measured by means of an unobstructed route around the exterior of the building. Newport Beach Fire Department Guideline C.01 "Emergency Fire Access: Roadways, Fire Lanes, Gates and Barriers." 48. Minimum width of a fire access roadway shall be 20 feet, no vehicle parking allowed. The width shall be increased to 26 feet within 30 feet of a hydrant, no vehicle parking allowed. Access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches. Newport Beach Fire Department Guideline C.01. 49. Apparatus access roads must be constructed of a material that provides an all weather driving surface and capable of supporting 72,000 pounds imposed load for fire apparatus and truck outrigger loads of 75 pounds per square inch over a two foot area. Calculations stamped and signed by a registered professional engineer shall certify that the proposed surface meets the criteria of an all weather driving surface and is capable of withstanding the weight of 72,000 pounds, Newport Beach Fire Department Guideline C.01. 50. Vehicle access gates or barriers installed across fire apparatus access roads shall be in accordance with the Newport Beach Fire Department Guidelines and Standards C.01 "Emergency Fire Access: Roadways, Fire Lanes, Gates, and Barriers." The minimum width of any gate or opening necessary or required as a point of access shall be not less than 14 feet unobstructed width. As amended by Newport Beach, California Fire Code Section 503.6.1. 51. All security gates shall have a Knox -box override and an approved remote opening device. Newport Beach Fire Department Guideline C.01. 52. Fire lanes shall be identified as per Newport Beach Fire Department Guideline C.02. 53. An automatic fire sprinkler system will be required and shall be installed as per California Fire Code Section 903. 54. The underground fire line will be reviewed by the fire department. A separate submittal is required which requires an "F" Permit. The underground fire line is a separate submittal (cannot be part of the overhead fire sprinkler plans, nor precise or rough grading plans) and must be designed as per N.B.F.D. Guideline F.04 "Private Hydrants and Sprinkler Supply Line Underground Piping." 55. Standpipes systems shall be provided as set forth in California Fire Code Section 905. 56. Hood Fire Suppression system will be required for cooking appliances and plans must be submitted to the fire department for approval prior to installation. 57. A fire alarm system will be required and shall be installed as per California Fire Code Section 907. 58. Fire extinguishers are required and shall be located and sized as per the California Fire Code. 59. Emergency power shall be provided for exit signs as required in Section 1013.6.3. The system shall be capable of powering the required load for a duration of not less than 90 minutes. 60. Public Safety Radio System Coverage (800 MHz firefighter's radio system) shall be provided as per Newport Beach Fire Department Guideline D.05. 61. Premises identification shall be provided as City of Newport Beach amended California Fire Code Section 505.1.1. Addresses shall be placed above or immediately adjacent to all doors that allow fire department access. In no case shall the numbers be less than four inches in height with a one-half inch stroke. 62. Fireplaces and fire pit clearances shall be provided as per manufacturer's recommendations and/or California Mechanical Code requirements. 63. Awnings and canopies shall be designed and installed as per California Building Code Section 3105 with frames of noncombustible material, fire -retardant -treated wood, wood of Type IV size, or 1-hour construction with combustible or noncombustible covers and shall be either fixed, retractable, folding or collapsible. 64. All building and structures with one or more passenger service elevators shall be provided with not less than one medical emergency service elevator to all landings. The medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or stretcher 24 inches by 84 inches with not less than 5-inch radius corner in the horizontal position. The elevator car shall be of such a size to accommodate a 24-inch by 84-inch ambulance gurney or stretcher with not less than 5-inch radius corners, in the horizontal, open position, shall be provided with a'minimum clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches and a minimum distance from wall to return panel not less than 51 inches with a 42-inch side slide door as per California Building Code Section 3002. 65. Fire Master Plan shall be submitted to the Fire Prevention Division for approval. The plan shall include information on the following (but not limited to) subjects: fire department vehicle access to the project site, secondary emergency vehicle access, firefighter access (hose pull) around structures, fire lane identification, location of fire hydrants and other fire department appliances, and the location and type of gates or barriers that restrict ingress/egress. 66. Building permit plans shall be submitted to the Fire Department for plan check and approval prior to the issuance of building permits. Public Works Department 67. All improvements shall be constructed as required by Ordinance and the Public Works Department. 68. An encroachment permit is required for all work activities and all non-standard improvements within the public right-of-way and public property. 69. Prior to building permit issuance a final Construction Management Plan (CMP) shall be reviewed and approved by the Community Development Director and City Traffic Engineer. 70. Prior to building permit issuance a final Parking Management Plan (PMP) shall be reviewed and approved by the Community Development Director and City Traffic Engineer. 71. The Applicant shall be required to construct fourteen (14) new public parking spaces along Via Oporto and shall coordinate with the City's Finance Department for the installation of parking meters and/or pay stations and signage. 72. All landscaping along Via Oporto adjacent to the fourteen (14) public parking spaces shall be maintained by the Applicant. 73. The reconfigured driveway approach along the 32nd Street frontage shall be constructed per City Standard. 74. The Applicant shall construct new planned improvements along 32nd Street between Newport Boulevard and Lafayette Avenue, including but not limited to, sidewalk, curb/gutter, striping, signage, driveway, street light relocation, parking meter post relocation, and roadway improvement. All work shall be per City Standards and approved by the Public Works Director. The cost shall be borne by the Applicant. 75. The public pedestrian easement along Newport Boulevard shall be a minimum of 8 feet in width and clear of any obstructions, unless otherwise approved by the Public Works and the Community Development Departments. 76. The Applicant shall reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb and gutter, and driveway approaches along the Newport Boulevard and 32nd Street frontages. 77. All existing curb ramps along the project frontages shall be upgraded to current ADA standards. 78. All improvements shall comply with the City's sight distance requirement. The project driveways shall be designed to accommodate adequate vehicular sight distance per City Standard 105. Walls, signs, and other obstructions shall be limited to 30 inches in height and planting shall be limited to 24 inches in height within the limited use areas. 79. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 80. All on -site drainage shall comply with the latest City Water Quality requirements. 81. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. 82. All new and existing water services (i.e., domestic, landscaping, or fire) shall have its own water meter and shall be protected by a City approved backflow assembly. 83. All new and existing sewer laterals shall have a sewer cleanout installed per STD- 406-L. 84. Water and Wastewater demand studies shall be prepared and submitted for review and approval prior to approval of the Grading Plan. If studies show that there are impacts based on the peak demand flows calculated, improvements to the City's infrastructures will be required at the cost of the development. 85. All parking stalls and drive aisle widths shall be per City Standards 805-L-A and 805-L-B. 86. A Valet Operations Plan shall be reviewed and approved by the City Traffic Engineer and the Community Development Director prior to the issuance of a certificate of occupancy. Future changes to the plan shall also require the review and approval. 87. All valet operation shall be accommodated on -site at all times. 88. Tandem parking spaces shall be signed and used for valet parking only. They may be used for long-term reserved parking. They shall not be used for public parking. 89. All landscaping, hardscape, ground cover, and trees within the project site and along the Finley Avenue, Newport Boulevard, and 32nd Street frontages shall be maintained by the Applicant. 90. Remove pendant lighting along Finley Avenue to provide adequate vertical clearance. Police Department 91. State Department of Alcoholic Beverage Control license types classified as "Public Premises" shall be prohibited. 92. If required by the State Department of Alcoholic Beverage Control, the Applicant shall provide the Chief of Police a statement of facts showing why the issuance of alcohol licenses for the proposed project would serve public convenience or necessity. 93. Approval of this Site Development Review and Conditional Use Permit does not permit the hotel or its restaurants, bars, lounge, or assembly areas to operate as a nightclub as defined by the Newport Beach Municipal Code, unless the Planning Commission first approves such permit. 94. Prior to final inspection of the building permit, the operator shall obtain an Operator License pursuant to Chapter 5.25 (Operator License) of the NBMC, unless it is determined the Operator License is not required. The Operator License may be subject to additional and/or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation facility. 95. Prior to occupancy and operation of the proposed hotel and its ancillary uses, a comprehensive security plan shall be submitted to the Newport Beach Police Department for review and approval. 96. 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. 97. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. 98. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 99. All persons selling alcoholic beverages shall be over the age of 21 and undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 100. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 101. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the hotel, hotel restaurant or lounge facility. 102. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment surrounding residents. 103. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 104. 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. 105. There shall be no on -site radio, televisions, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 106. 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. 107. The operator of the establishment shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drink. Real Property Manager 108. Prior to building permit issuance, the Applicant shall work with the City's Real Property Manager to modify the proposed landscaping around the greenhouse area, such that it does not restrict use of the surrounding area for events. 109. Prior to building permit issuance, the Applicant shall work with the City's Real Property Manager to enhance the western wall of the new breakout room by considering adding transom windows or some similar feature that breaks up the wall massing. 110. Prior to building Permit issuance the Applicant shall work with the City's Real Property Manager to ensure that adequate pedestrian paths of travel are provided connecting the hotel to the sidewalk and new public parking along Via Oporto. 111. Prior to building permit issuance, the Applicant shall pursue and execute a lease amendment. 112. The gates proposed for access through the new fencing along Newport Boulevard shall be removable and shall only be put in place during events. The pedestrian walkway shall always be freely open and accessible when an event is not occurring. 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; the foregoing resolution, being Resolution No. 2022-79 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 251h day of October, 2022; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Council Member Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None RECUSED: Mayor Pro Tern Noah Blom IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 261h day of October, 2022. Leilani I. Brown City Clerk V Newport Beach, California