HomeMy WebLinkAboutPC2023-002 - APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE IN CONJUNCTION WITH A NEW EATING AND DRINKING ESTABLISHMENT, AND WAIVE REQUIRED PARKING FOR THE PROPERTY LOCARESOLUTION NO. PC2023-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE IN CONJUNCTION WITH A NEW EATING AND DRINKING ESTABLISHMENT, AND WAIVE
REQUIRED PARKING FOR THE PROPERTY LOCATED AT 2600 EAST COAST HIGHWAY, SUITE 100 (PA2022-0149) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS. 1. An application was filed by SMM 2600 PCH LLC (“Applicant”), with respect to property located at 2600 East Coast Highway, and legally described as Parcel 1 of Parcel Map No.
84-722 (“Property”), requesting approval of a conditional use permit (“CUP”).
2. The Applicant proposes a CUP for a new food service, eating and drinking establishment (hereon referred to as the “Restaurant”) which includes the sale of alcoholic beverages pursuant to a Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control
(ABC) License. Additionally, the Applicant proposes a waiver of 19 parking spaces required
by the Newport Beach Municipal Code (“NBMC”) and the implementation of a parking management plan (“Project”). 3. The Property is categorized Corridor Commercial (CC) by the General Plan Land Use
Element and is located within the Commercial Corridor (CC) Zoning District.
4. The Property is not located within the coastal zone; therefore, a coastal development permit is not required.
5. A public hearing was held on January 5, 2023 in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the public 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 NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission
at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment.
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 2 of 15
2. The Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use. The Project is a new restaurant that involves minor alterations to existing structures involving negligible or no expansion of use, and further no addition of floor area. Although a waiver of independently accessed required parking spaces is requested due to an increased parking requirement, an extensive valet parking
operation is proposed to offset the deficit. Instead, it will create a surplus of parking
spaces available onsite. As such, the Project and its parking waiver are not expected to prove detrimental to the surrounding area.
SECTION 3. REQUIRED FINDINGS.
Alcohol Sales In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC,
the findings and facts in support of such findings are set forth as follows: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol
Sales).
Facts in Support of Finding: i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The Property is in Reporting District 44 (“RD 44”). RD 44 exceeds the Citywide average and is considered a higher crime area as compared to other reporting districts.The Crime Count in RD 44 is 213, which is 111 percent over the Citywide
crime count average of 101. Since this area has 20 percent or greater reported
crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is found to have undue concentration. However, it is important to note that RD 44 contains a large number of visitor- and tourist-serving nonresidential uses along East Coast Highway. Corona del Mar
consists of many eating and drinking establishments that serve residents and visitors
to the area. The intent of the Commercial Corridor zoning district within Corona del Mar is to provide areas appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Areas near the beach have a higher concentration of land uses,
and, therefore, tend to have a higher crime rate than other areas in the City.
2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use. Based on the location, operational characteristics, and closing hours, the NBPD has
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 3 of 15
no objection to the proposed Type 41 ABC License, subject to appropriate conditions of approval, which have all been included in Exhibit “A” attached to this Resolution.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts. 1. Due to the higher concentration of commercial land uses, RD 44 is reported to ABC
as a high crime area as compared to other reporting districts in the City. The highest
volume crime in this area is burglary and theft from auto; additionally, the highest volume arrest in the area is drug-related offenses. Driving under the influence, public intoxication, and liquor law violations make up 24 percent of arrests in this reporting district. However, the area is considered one of the more attractive tourist areas in
the City, which results in a higher number of alcohol-related calls for service, crimes
and arrests. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. Although the Project is located near a residential district, the Property is a multi-tenant commercial building that is situated in a commercial zoning district abutting East Coast Highway. Residential neighborhoods are located adjacent to the plaza to
the north, east, west, and south. The nearest residences are located approximately
50 feet south from the Restaurant site on Fernleaf Avenue. However, the Restaurant is oriented towards East Coast Highway and Dahlia Avenue to the north and east and away from the Fernleaf residences.
2. The Project is not in proximity to a religious facility, daycare center, park, recreational
facility, school, or similar uses that attract minors. The nearest school is Harbor View Elementary School, which is approximately 600 feet east of the Restaurant. However, a similar restaurant located on the Property (Bamboo Bistro) has been in operation without causing detriment to the surrounding neighborhood.
3. The proposed alcohol sales are not anticipated to be detrimental to the community because of the proximity to any sensitive land uses, especially with the allowed operation narrowed by the Conditions of Approval.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption. 1. Several other establishments along East Coast Highway currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are
not defined as bars, lounges or nightclubs by Title 20 (Planning and Zoning) of the
NBMC. This includes nearby establishments such as The Bungalow (2441 East Coast Highway), Avila’s El Ranchito (2515 East Coast Highway), Bamboo Bistro (2600 East Coast Highway, Suite 160), and Tommy Bahama (854 Avocado Avenue).
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 4 of 15
2. The Project’s proximity to other establishments selling alcohol does not raise a concern due to characteristics of the use, which is limited to 729 square feet of
interior net public area. The proposed hours of operation are from 11 a.m. to 11 p.m.,
daily. Conditions of approval will further prevent the establishment from operating as a bar, lounge, or nightclub. v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
1. No objectionable conditions are presently occurring at the Property. The Property has historically been used as an office. There is no evidence that suggests the Project will create objectionable conditions with the proposed expansion.
2. The Project 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. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational
conditions of approval recommended relative to the sale of alcoholic beverages will
ensure compatibility with the surrounding uses and minimize any alcohol related impacts. 3. As conditioned, the owners, managers, and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible methods
and skills for selling alcohol.
4. The Project does not propose late hours (after 11 p.m.), live music, or dancing. Condition of Approval No. 6 limits the hours of operation and Conditions of Approval Nos. 9 and
10 prohibit live entertainment and dancing, respectively.
Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits –
Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding:
B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding:
1. The General Plan land use category for the Property is CC (Corridor Commercial), which
is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The Project provides an additional service use on the frontage of the Property abutting East Coast Highway.
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 5 of 15
2. The Project is consistent with the following General Plan Land Use policies, applicable
to the Project:
a. Land Use Element Policy LU 1.5 (Economic Health). Encourage a local
economy that provides adequate commercial, office, industrial, and marine-oriented opportunities that provide employment and revenue to support high-
quality community services.
The Project provides an additional dining option in the commercial corridor of Corona del Mar. The Project will also provide employment opportunities for restaurant employees.
b. Land Use Policy LU 2.1 (Resident-Serving Land Uses). Accommodate
uses that support the needs of Newport Beach’s residents including housing,
retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with
community natural resources and open spaces; and
c. Land Use Element Goal LU 6.20. A pedestrian-oriented “village” serving as
the center of community commerce, culture, and social activity and providing identity for Corona del Mar.
The Project is located in the entry area of Corona del Mar. The Property is one of the first visible commercial buildings to visitors and residents traveling from MacArthur Boulevard. The Project will provide an additional attraction for visitors to the Corona del Mar neighborhood and promote culture and social
activity.
3. The Property is not a part of a specific plan area.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding:
1. The Property is in the CC (Corridor Commercial), which is intended to provide areas
appropriate for a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Eating and drinking establishments with alcohol service are allowed uses, subject to the approval of a use permit. The Project provides an additional service use along the East Coast Highway
street frontage.
2. Per NBMC Section 20.40.040 (Off-Street Parking Spaces Required), parking required for restaurant uses may range from a rate of one space per 30 square feet to one (1)
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 6 of 15
space per 50 square feet of interior NPA based on physical and operational characteristics of the proposed restaurant. The Project is a typical restaurant use for
which a parking rate of one space per 40 square feet of interior NPA is appropriate.
Therefore, since the Project is proposed to have a maximum of 729 square feet of NPA, 19 parking spaces are required (729 / 40 = 19). The remaining uses on site, which include the Bamboo Bistro restaurant, retail, and office uses, require 84 parking spaces. The combination of the Restaurant with the rest of the uses on-site results in an overall
parking requirement of 103 spaces (19 + 84 = 103).
3. The Property is improved with a total of 84 parking spaces, 76 which are within an underground parking structure and eight (8) which are surface-level open parking spaces. Therefore, the addition of the Project results in a parking deficit of 19 spaces
(103 – 84 = 19).
4. Although the Restaurant would create a parking deficit, a parking management plan has been provided which offers extensive valet parking services to offset the deficit. All Facts from Finding G below are hereby incorporated by reference.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity
Facts in Support of Finding: 1. Commercial uses, including restaurants, are common along East Coast Highway in Corona del Mar and serve visitors and residents. Conditions of approval are included to
ensure that the Project is compatible with the land uses permitted within the surrounding
neighborhood. 2. The Restaurant is located within an existing multi-tenant commercial building and will complement the existing mix of retail, service, and restaurant uses in the immediate
area. The tenant space was previously a beauty salon and will be improved for
restaurant use. 3. Although the Restaurant is near residences on Fernleaf Avenue and Fifth Avenue, it is located on the eastern portion of the building abutting East Coast Highway and Dahlia
Avenue. The entrance of the restaurant is facing away from the residences and is not
expected to negatively impact the neighborhood to the southwest. There is no outdoor dining proposed. 4. There are no late hours of operation proposed with the Restaurant. As conditioned, the
Restaurant will operate between 11 a.m. and 11 p.m., daily. The closing hours will help
ensure there is no detriment to the adjacent residential neighborhood.
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 7 of 15
5. The NBPD has reviewed the Project and has no objections. The operational conditions of approval recommended by the NBPD related to the sale of alcoholic beverages will
help ensure compatibility with the surrounding uses and minimize alcohol-related
impacts. The Project has been conditioned to ensure the welfare of the surrounding community. Finding:
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The Project is located within an existing multi-tenant commercial building, which includes an existing restaurant (Bamboo Bistro), a medical office, commercial office, and retail store. Currently, there are four vacant suites in the building, including the proposed
suite of the Project (Suite 100). The previous use of Suite 100 was a beauty salon.
2. The Property is improved with a total of 84 parking spaces, 76 of which are within an underground parking structure and 8 of which are surface-level open parking spaces. The operation of the Restaurant, along with the future occupancy of currently vacant
suites, creates a deficiency in on-site parking during peak hours. However, valet service
is proposed, which creates a total of 108 vehicles parked during valet service times. Since there is a demand of 91 parking spaces, the valet service provides a surplus of 17 parking spaces.
3. The previous salon tenant space, which is currently vacant, will be improved to a
restaurant use and include an interior dining area, entry lobby, kitchen area, and restrooms. The Applicant is required to obtain Orange County Health Department approval prior to opening for business, and comply with Building Code to ensure the safety and welfare of customers and employees within the Restaurant.
4. Adequate public and emergency vehicle access, public services, and utilities are provided for the Property. Any additional utilities upgrades required for the change in occupancy will be required at plan check for the building permit.
5. The tenant improvements to the Property will be reviewed to comply with all Building,
Public Works, and Fire Codes. All City ordinances and all conditions of approval will be complied with. Finding:
F. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, 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.
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 8 of 15
Facts in Support of Finding:
1. There are no late hours of operation proposed with the Project. As conditioned, the
Restaurant will operate between 11 a.m. and 11 p.m., daily. The closing hours will help ensure there is no detriment to the adjacent residential neighborhood. 2. The Type 41 (Beer and Wine) ABC License will provide dining services as a public
convenience to the surrounding residential neighborhood as well as to visitors. The
service of alcohol will complement the principal use of the facility as a restaurant and provide an economic opportunity for the Owner to maintain a successful business in a way that best serves the community.
3. As conditioned, the owners, managers, and employees selling alcohol are required to
undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. 4. Facts 4 and 5 of Finding C are incorporated herein by reference.
Off-Street Parking Reduction In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the
NBMC, off-street parking requirements may be reduced with the approval of a conditional use
permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) as follows: Finding:
G. The Applicant has provided sufficient data, including a parking study if required by the
Director, to indicate that parking demand will be less than the required number of spaces
or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development);
Facts in Support of Finding: 1. Facts 2 and 3 of Finding C are incorporated herein by reference.
2. A parking study from November 18, 2022, has been prepared by Trames Solutions, Inc
(“Study”). The Study establishes a parking demand for the Project by providing parking counts during typical operations and weather conditions on a Thursday, Friday, and Saturday. The observed peak parking demand occurred at 2 p.m. on Thursday, April 7, 2022, and at 6 p.m. on Friday, April 8, 2022, when there were 27 occupied on-site
spaces. The Study also considers 15 of the 29 on-street parking spaces as a part of the
project site parking demand, since the on-street spaces are heavily used by patrons of the site. Finally, the Study considers that 30 additional parking spaces are required for future uses of suites that are currently unoccupied. In total, the Study states that there is a total observed demand of 91 parking spaces, where 84 parking spaces are available
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 9 of 15
on-site. The available on-site parking is not adequate to accommodate the observed parking demand with the addition of the Project.
3. Although the on-site parking is inadequate for peak demand times, valet parking is proposed to be provided at all operational times of the Restaurant to offset the deficit. By utilizing a stacked valet system, the Property can provide parking for an additional 24 vehicles on-site, which creates a total of 108 vehicles parked during valet service
times. Since there is a demand of 91 parking spaces, the valet service provides a surplus
of 17 parking spaces. The City Traffic Engineer has reviewed the Study and agrees the proposed valet operation adequately mitigates the additional demand from the Restaurant.
4. As conditioned, the Restaurant shall provide valet parking from 11:30 a.m. to 8 p.m.
Monday through Friday, and from 12 p.m. to 2 p.m. and 3 p.m. to 5 p.m. on Saturday and Sunday. Finding:
H. A parking management plan shall be prepared in compliance with subsection (C) of this
section (Parking Management Plan).
Facts in Support of Finding:
1. The parking study concludes that on-site parking provided on-site is inadequate to accommodate the Project. However, in compliance with NBMC Subsection 20.40.110(C) (Adjustments to Off-Street Parking Requirements – Parking Management Plan), a parking management plan has been prepared to offset the site’s inadequate
parking supply. The vehicles are proposed to be stored in the existing subterranean
parking garage. Employees are to park in assigned parking in the subterranean garage.
2. Facts 2 and 3 in support of Finding G are incorporated herein by reference.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves PA2022-0149,
subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated
by reference.
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 10 of 15
3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 (Planning and Zoning), of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF JANUARY, 2023.
AYES: Harris, Klaustermeier, Lowrey, and Rosene NOES: Ellmore
ABSTAIN: None
ABSENT: None
BY:____________________________
Curtis Ellmore, Chair
BY:____________________________ Sarah Klaustermeier, Secretary
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 11 of 15
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan and floor
plan stamped and dated with the date of this approval (except as modified by applicable
conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval.
3. 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 CUP.
4. This CUP 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.
5. Any change in operational characteristics, expansion in area, or other modification to
the approved plans of the restaurant, shall require subsequent review and approval by the Planning Division. If deemed significant, an amendment to this CUP or the processing of a new use permit may be required.
6. The hours of operation shall be between 11 a.m. and 11 p.m., daily. There shall be no
late hours of operation permitted (after 11 p.m.). All patrons shall leave the premise by
the identified closing hour.
7. Valet service shall be provided from 11:30 a.m. to 8 p.m., Monday through Friday, and
from noon to 2 p.m. and from 3 p.m. to 5 p.m. on Saturday and Sunday.
8. The interior net public area of the restaurant shall be limited to 729 square feet. 9. There shall be no outdoor dining areas permitted.
10. There shall be no live entertainment or dancing.
11. The Applicant may prepare subsequent studies or reports demonstrating, to the satisfaction of the Community Development Director, that parking demand for the
shopping center is less than identified in this CUP and does not require the continuation
of valet service or lesser hours of valet service. In such circumstances, when presented
with substantial evidence, the Community Development Director may, in his or her
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 12 of 15
discretion, change, amend, or suspend the requirement for valet operations. If any revised report or study shows demand in excess of the existing on-site supply, valet
parking shall be implemented during hours of identified supply deficiencies. The
Community Development Director may reinstate valet operations consistent with the
parking management plan approved by the City Traffic Engineer should observed
demand exceed existing on-site parking supply.
12. Per the parking demand analysis, the Property’s parking deficiency occurs only when
all tenant suites are fully occupied. Therefore, the requirement to implement valet shall
only apply once all suites are occupied consistent with the assumed uses in the parking
demand analysis. However, if alternative uses are proposed and approved consistent with Condition No. 13, valet shall be required to be implemented during any hours when
shopping center parking demand would exceed existing on-site supply.
13. The Property may implement uses that are different than those assumed in the parking
demand analysis, provided that (1) all uses first obtain any required approvals, and (2) the parking demand analysis is updated to reflect the change in use and parking
demand/requirement and the new assumed demand does not exceed the on-site supply
with valet (108 total spaces). The Community Development Director shall review and
may approve, in his or her discretion, revisions to the parking demand analysis and/or
the requirement to implement valet service (hours of operation) to reflect alternative uses. An amendment to this CUP is not required in such circumstances.
14. 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.
15. The site shall not be excessively illuminated based on the luminance recommendations
of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively
illuminated.
16. 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.
17. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 13 of 15
Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
18. 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.
19. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on
Saturday. Noise-generating construction activities are not allowed on Saturdays,
Sundays, or Holidays.
20. No outside paging system shall be utilized in conjunction with this establishment.
21. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes.
22. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 23. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
24. 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.
25. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water Quality
related requirements). 26. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of
Community Development, and may require an amendment to this CUP. 27. 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
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 14 of 15
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.
28. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
29. 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 Sugarfish Restaurant including, but not limited to, the CUP filed under PA2022-0149. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorney’s 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, attorney’s 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. Fire Department
30. Automatic fire sprinklers shall be required for all new construction. The sprinkler system
shall be monitored by a UL certified alarm service company. Building Division
31. 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.
Public Works Department 32. A sewer cleanout shall be installed in the sewer lateral that serves the restaurant pursuant to City Standard 406.
33. Any applicable County Sanitation District fees shall be paid prior to the issuance of any building permits. Police Department
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F
Planning Commission Resolution No. PC2023-002 Page 15 of 15
34. The Alcoholic Beverage Control License shall be limited to a Type 41 (On Sale Beer and Wine – Eating Place). Any substantial change in the ABC license type shall require
subsequent review and potential amendment of the CUP.
35. The Applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the CUP.
36. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 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 of approval. Records of each owner’s manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach.
37. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 38. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
39. No games or contests requiring or involving the consumption of alcoholic beverage shall be allowed.
40. Petitioner shall not share any profits or pay any percentage or commission to a promoter
or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 41. Strict adherence to maximum occupancy limits is required.
42. 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, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City.
43. 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.
DocuSign Envelope ID: 23DC1377-0ACD-4C31-815E-23531412C45F