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HomeMy WebLinkAboutPC2024-026 - APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR AN EATING AND DRINKING ESTABLISHMENT WITH A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ABC LICENSE AT 2510 WEST COAST HIGHWAY AND OFF-SITE PARKING AT 2436 W COAST HWYRESOLUTION NO. PC2024-026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR AN EATING AND DRINKING ESTABLISHMENT WITH A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOL BEVERAGE CONTROL LICENSE AT 2510 WEST COAST HIGHWAY AND OFF-SITE PARKING AT 2436 WEST COAST HIGHWAY (PA2024-0068) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by B.E. Architects (“Applicant”) on behalf of 2510 W. Coast Hwy, LLC and 2510 W Coast Hwy Eat, LLC (“Owner”), with respect to property located at 2510 West Coast Highway, and legally described as Parcel 1 of Parcel Map No. 2023-168 (“Property”) requesting approval of a conditional use permit (“CUP”) and coastal development permit (“CDP”). 2. On July 27, 2021, the City Council approved a coastal development permit, site development review, tentative parcel map, and affordable housing implementation plan (PA2019-249) for a mixed-use development consisting of multi-family residential units and a commercial office. 3. The Planning Commission approved a CDP and traffic study (PA2022-101) on March 9, 2023, to modify the commercial component of the mixed-use development from an office to retail sales (i.e. grocery store). 4. The Applicant requests a CUP and CDP to convert a 5,096 square-foot vacant suite to a new eating and drinking establishment (“Restaurant”) with 2,400 square-feet of net public area (“NPA”) and a Type 47 (On-Sale General – Eating Place) Department of Alcohol Beverage Control (“ABC”) License (“Project”). The existing suite is currently vacant but was previously approved for retail use (grocery store). The Project includes a request to use valet parking and locate a portion of the required 48 parking spaces off-site at 2436 West Coast Highway. The proposed hours of operation are between 5:00 p.m. and 11:00 p.m., daily. The Project does not include a request for late hours or live entertainment. 5. The Property is categorized as Mixed-Use Horizontal 1 (MU-H1) by the General Plan Land Use Element and is located within the Mixed-Use Mariners’ Mile (MU-MM) Zoning District. 6. The Property is located within the coastal zone. The Coastal Land Use Plan (“CLUP”) category is Mixed-Use Horizontal (MU-H), and it is located within the Mixed-Use Mariners’ Mile (MU-MM) Coastal Zoning District. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 2 of 20 10-18-21 7. A public hearing was held by the Planning Commission on December 5, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the 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 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 California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment (“CEQA Guidelines”). 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, license, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing use. The Project is located on a site that has approved permits for a mixed-use development that includes multi-family residential units and a commercial building on the ground floor. The Project includes interior improvements to convert the commercial building to a restaurant and therefore qualifies for the Class 1 exemption. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code; Facts in Support of Finding: In finding that the Project is consistent with Section 20.48.030 of the NBMC, the following criteria must be considered: 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 26 (“RD 26”). The Newport Beach Police Department (“NBPD”) is required to report offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 3 of 20 10-18-21 (except traffic citations) to ABC. These figures make up the “Crime Count” for each reporting district. RD 26 is reported as a high crime area as compared to adjacent reporting districts in the City, including RD 25 and RD 41. The subject RD’s Crime Count is 189, which is 60% over the City-wide crime count average of 118. The highest volume of crime in this area is theft and the highest volume of arrests in the area are drug-related offenses. 2. Since RD 26 has a 20% greater number of 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. In comparison, neighboring RD 25 is 31% above the City-wide average, RD 28 is 132% above the average, and RD 41 is 3% below the average. Of the 38 reporting districts in Newport Beach, 12 are reported to ABC as high crime areas. 3. The NBPD has reviewed the Project and does not have any objection to the request to permit a restaurant with a Type 47 (On-Sale General – Eating Place) ABC License without late hours subject to appropriate conditions of approval. All NBPD recommended conditions of approval have been included in Exhibit “A” of this resolution. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Reporting District Alcohol Related Arrests1 Total Arrests RD 26 (subject RD) 29 107 RD 25 21 83 RD 28 6 114 RD 41 20 58 Newport Beach 637 2,732 1 Alcohol Related Arrests includes DUI (alcohol), public intoxication, and liquor law related arrests. 1. In RD 26, DUI (alcohol), public intoxication, and liquor law violations make up roughly 27% of arrests. In comparison, the figure for neighboring RD 25 is roughly 25%, RD 28 is roughly 5%, and RD 41 is roughly 34%. These statistics reflect the City of Newport Beach’s data for 2023, which is the latest available data. 2. RD 26 has a higher percentage of arrests than RD 28 but has similar percentages of arrests as the other neighboring reporting districts. Of the 107 alcohol related arrests in RD 26, no alcohol related arrests were attributed to the Property. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, place of worship, schools, other similar uses, and any uses that attract minors. 1. The Property is currently being developed with a mixed-use development for multi-family residential and commercial use. The Property is adjacent to John Wayne Park and residential zoning districts towards the rear across Avon Street. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 4 of 20 10-18-21 The Restaurant will be located at the front of the Property and is oriented towards West Coast Highway and away from the public park and residential neighborhood in the rear. 2. The Property is adjacent to a day care center/preschool to the east that operates in the daytime with typical hours between 8:00 a.m. and 5:00 p.m., Monday through Friday. The Restaurant will operate during dinner hours between 5:00 p.m. and 11:00 p.m., which will not overlap with the adjacent day care center/preschool. Additionally, the Restaurant will operate as a fine-dining restaurant with incidental alcohol services rather than a destination use for the consumption of alcohol. 3. The surrounding commercial uses on the inland side of West Coast Highway consist of various general commercial, retail, and restaurants and the Project will be compatible with the surrounding uses. The restaurant is intended to be a high-quality fine-dining Restaurant with alcohol services that would be complementary to the dinner services rather than a destination solely for alcohol services. 4. Restaurants with incidental alcohol services are common within this area of Mariners’ Mile and the proposed Restaurant with an ABC license is not anticipated to detriment the area. The Project includes conditions of approval to minimize impacts to the surrounding land uses and ensure that the use remains compatible with the surrounding community. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. The Property is located within census tract 634. This census tract has an approximate population of 4,776 residents with approximately 17 active on-sale alcohol licenses, which is a per capita ratio of one on-sale license for every 281 residents. The per capita ratio of on-sale alcohol licenses for Orange County is one license for every 822 residents. This location meets the legal criteria for undue concentration pertaining to alcohol establishments. 2. The closest establishments selling alcoholic beverages for on-site consumption are Sol Grill, located approximately 270-feet east of the Property, and GuacAmigos, located approximately 250-feet west of the Property. 3. Although the per capita ratio of on-sale alcohol licenses to residents is higher than the average in Orange County and the Property is proximate to establishments selling alcoholic beverages for on-site consumption, the operational conditions of approval recommended by the NBPD will ensure compatibility with the surrounding uses and minimize alcohol related impacts. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 5 of 20 10-18-21 v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring on the site. 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: 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 Mixed-Use Horizontal 1 ( MU- H1), which is intended to provide for a horizontal mixing of uses. For properties located on the inland side of Coast Highway in the Mariners’ Mile Corridor, such as this Property, the Coast Highway frontages shall be developed with marine-related and highway-oriented general commercial uses in accordance with Recreational and Marine Commercial (CM) and General Commercial (CG) land use designations. The Project is for a new restaurant on a Property that is currently being developed for both residential and commercial uses. This will provide an additional commercial service for on-site residents as well as residents and visitors to the City. 2. The Project is consistent with the following General Plan Land Use policies applicable to the Project: a. Land Use Policy LU 2.4 (Economic Development). Accommodate use that maintain or enhance Newport Beach’s fiscal health and account for market demands, while maintain and improving the quality of life for current and future residents. The Project will provide to the City a new fine-dining restaurant that will serve the neighborhood as well as residents and visitors to the City. Additionally, the Restaurant is part of a mixed-use development under construction that consists of multi-family residential units and a commercial building. The Restaurant will provide an opportunity for employment and serves as a nearby dinner option for future residents of the residential units. b. Land Use 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. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 6 of 20 10-18-21 Although Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC has been updated with new parking standards, associated changes to Title 21 (Local Coastal Program Implementation Plan) have not been approved by the California Coastal Commission yet. Since the Property is located within the Coastal Zone, the existing parking requirements in Section 21.40.040 (Off-Street Parking Spaces Required) would still apply. Section 21.40.040 (Off-Street Parking Spaces Required) of the NBMC requires a parking rate of one parking space per 30-50 square feet of NPA for the Food Service land use (with or without alcohol, with or without late hours). The Project requires one parking space per 50 square feet of NPA for a restaurant with 2,400 square feet of NPA, or 48 parking spaces. The Project provides 48 valet parking spaces including 16 valet parking spaces on-site and 32 parking spaces off-site on a nearby property at 2436 West Coast Highway. Valet access to the off-site parking spaces is through Avon Street in the rear of the Property rather than through West Coast Highway. c. Land Use Policy LU 6.19.4 (Inland side of Coast Highway [designated as “MU-H1,” “CG(0.3),” and “CG(0.5)” Sub-Areas B and C]). Accommodate a mix of visitor- and local-serving retail commercial, residential, and public uses. On inland parcels, generally between Riverside Avenue and Tustin Avenue, priority should be placed on accommodating uses that serve upland residential neighborhoods such as grocery stores, specialty retail, small service office, restaurants, coffee shops, and similar uses. Although the Property is not between Riverside Avenue and Tustin Avenue, the Property is on the inland side of Coast Highway within proximity to Riverside Avenue and Tustin Avenue and proposes a new restaurant that is consistent with this Land Use policy. 3. The Property is not part of a specific plan. 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 within the Mixed-Use Mariners’ Mile (MU-MM) Zoning District, which applies to properties located on the inland side of Coast Highway in the Mariners’ Mile Corridor. A Food Service land use without late hours that is within 500 feet of any residential zoning district requires approval of a minor use permit. However, the Project includes off-site parking and, pursuant to Section 20.40.100 (Off-Site Parking) of the NBMC, approval of a CUP is required to authorize parking that is not located on the same site it is intended to serve. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 7 of 20 10-18-21 2. Fact 2 in support of Finding B is hereby incorporated by reference. Pursuant to Section 21.40.040 (Off-Street Parking Spaces Required) of the NBMC, a Food Service land use (with or without alcohol and with or without late hours) requires one parking space per every 30 to 50 square-feet of NPA. Pursuant to Section 21.40.060 (Parking Requirements for Food Service Uses) of the NBMC, the Planning Commission shall establish the off-street parking requirement for food service uses based upon consideration of the physical design characteristics, operational characteristics, and location of the establishment. 3. A Parking Evaluation was prepared by Urban Crossroads dated October 2, 2024, that included a parking management plan, valet operation plan, and justification for a parking requirement of one parking space per 50 square feet of NPA. The Parking Evaluation has been reviewed and approved by the Public Works Department and the City Traffic Engineer. The Parking Evaluation included parking surveys to evaluate parking needs of nearby high-quality sit-down restaurants such as Sol Grill located at 2400 West Coast Highway and The Winery located at 3131 West Coast Highway. The Parking Evaluation concluded that one space per 50 square feet of NPA was appropriate for the proposed use. 4. The Project will provide parking at a rate of one space per 50 square feet of NPA. The Project includes 48 valet-only parking spaces including 16 parking spaces onsite and 32 parking spaces off-site on a nearby property at 2436 West Coast Highway. This nearby property is developed with professional offices and other daytime commercial uses that typically end operations around 5:00 p.m. To ensure the tenants of 2436 West Coast Highway have time to exit the property, the valet plan requires that the 16 on-site parking spaces be filled first and, once the space are filled, vehicles can be parked at the off-site parking lot. A condition of approval is included for the Applicant to obtain a parking agreement for the off-site lot to ensure the long-term availability of parking for the Restaurant. Valet parking will be monitored by staff during the operational hours of the Restaurant. Based on the valet operation plan and the parking evaluation conducted by Urban Crossroads, adequate parking will be provided for the operation. 5. The Planning Commission previously approved a Traffic Study on March 9, 2023, for the Property to modify the commercial component from an office to retail sales use (i.e., grocery store). This Project will replace the proposed grocery store with a restaurant. A new Traffic Study is not required for the Project as the trip generation for a fine-dining restaurant is less than a grocery store. Conditions of approval from the previous approval of the Traffic Study would still apply. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 8 of 20 10-18-21 Facts in Support of Finding: 1. The Property is located on the inland side of West Coast Highway proximate to Tustin Avenue, within the Mariners’ Mile Corridor, which includes a variety of commercial uses intermixed with residential dwelling units. The Project is part of a mixed-use development that consists of 36 residential dwelling units and a commercial building. The restaurant will remain complementary to the other uses along Mariners’ Mile and will provide an additional commercial amenity for the residential development on-site as well as residents and visitors to the City. 2. The Property is under construction and the commercial building that the Project proposes to occupy is oriented towards West Coast Highway, facing away from the adjacent residential neighborhood. The surrounding properties within the Mixed-Use Mariners’ Mile (MU-MM) Zoning District are developed with a range of commercial uses to serve nearby residential neighborhoods and visitors to the City. The residential zoning districts are located behind the Property towards the rear, separated from the site by Avon Street, and away from the commercial building in the front. 3. The hours of operation for the Restaurant are during typical dinner hours between 5:00 p.m. and 11:00 p.m., daily. The operational hours of the various commercial and office uses at 2436 West Coast Highway are typical daytime hours. The Project’s limited dinner hours are compatible with the off-site lot and would reduce potential traffic. 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; and Facts in Support of Finding: 1. The Project includes on-site parking spaces as well as off-site parking spaces that are all operated through valet. The queueing area for the valet operation is accessible from West Coast Highway where patrons can park their vehicles in one of the four queuing spaces near the front of the Property. If the four queuing spaces are filled, patrons will be directed by valet staff to the nearest available on-site valet space. Once the 16 on-site parking spaces are filled, the valet will access the off-site parking spaces located at 2436 West Coast Highway via Avon Street in the rear. 2. The Restaurant will occupy a commercial building that is under construction and will be serviced by all necessary utilities. The building will be modified to accommodate the Project. The design, location, shape, size, and operational characteristics of the use are compatible with the existing commercial uses in the surrounding area. 3. Adequate public and emergency vehicle access is provided from West Coast Highway, and public services and utilities are provided on-site. The Project, including the proposed valet operation, has been reviewed by the Public Works Department, City Traffic Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 9 of 20 10-18-21 Engineer, and Fire Department to ensure adequate public and emergency vehicle access is provided and there are no concerns with the proposed use. Conditions of Approval No. 29 and 30 have been included to ensure the valet operation does not impact the surrounding area. 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 person residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The Restaurant will provide a service to the surrounding mixed-use area by providing dining as a public convenience to the surrounding businesses, residents, and visitors to the area. This will provide an economic opportunity for the Restaurant owner to operate while potentially revitalizing the Property. 2. The Project has been reviewed by the NBPD and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance related to litter and graffiti on the exterior of the building and noise generated by the subject facility. 3. As conditioned, all owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. The certified program must meet the standards of the certifying/licensing body designated by the State of California and records of successful completion shall be maintained on the premises. Off-site Parking In accordance with Section 20.40.100(B) (Off-Site Parking – Findings) of the NBMC, in order to approve a conditional use permit for an off-site parking facility, the following findings and facts in support of such findings are set forth: Finding: G. The parking facility is located within a convenient distance to the use it is intended to serve; Facts in Support of Finding: 1. The off-site parking lot is located approximately 60 feet away at 2436 West Coast Highway and is accessed by Avon Street in the rear of the Property. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 10 of 20 10-18-21 2. The off-site parking lot will be provided via valet. Patrons to the Restaurant will park their cars on-site within the four queuing spaces towards the front of the Property and valet service staff will drive vehicles to the off-site parking lot and return vehicles to patrons on-site. Additionally, the off-site parking lot is close and convenient for valet staff to walk between the two properties. Finding: H. On-street parking is not being counted towards meeting parking requirements; Fact in Support of Finding: 1. The restaurant requires a total of 48 parking spaces with 16 valet parking spaces provided on-site, and 32 valet parking spaces provided off-site. Although on-street parking is available along West Coast Highway, the Project does not include a waiver of parking spaces nor does the valet operation rely on any on-street parking. Finding: I. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area; and Fact in Support of Finding: 1. The parking facility will be accessed via Avon Street towards the rear of the Property and is not anticipated to impact traffic on West Coast Highway. The parking facility will also be primarily accessed by valet service staff dropping vehicles off and returning vehicles to patrons of the Restaurant which will further minimize the amount of traffic along Avon Street. Finding: J. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. The off-site parking is located on a site with office suites that operate during typical daytime hours, and the parking lot consists of 38 striped parking spaces that are maintained for the office uses. Thirty-two of the 38 parking spaces on the property will be made available for the Project. The Project’s hours of operation are between 5:00 p.m. and 11:00 p.m., daily, and are not anticipated to overlap with the hours of operation of the property’s office uses. 2. Condition of Approval No. 6 is included to ensure a parking agreement or covenant is recorded between the owner of operator of the Project and the off-site location to guarantee the availability of the required off-street parking spaces. Additionally, should Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 11 of 20 10-18-21 the off-site parking spaces become unavailable, the condition will require the owner to provide substitute parking, reduce the size of the Restaurant operation in proportion to the parking spaces lost, or obtain a parking reduction pursuant to Section 21.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permit) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: K. Conforms to all applicable sections of the certified Local Coastal Program; and Facts in Support of Finding: 1. The CLUP designates the Property as Mixed-Use Horizontal (MU-H), and is intended to provide a horizontally distributed mix of uses, which may include general or neighborhood commercial, commercial offices, multifamily residential, visitor-serving and marine-related uses, and/or buildings that vertically integrate residential with commercial uses. The Project is consistent with the MU-H CLUP designation by developing a restaurant use along West Coast Highway with a previously approved multi-family residential building to the rear of the Property. The Project is consistent with the following CLUP policies applicable to the Project: a. Policy LU 2.1.4-1. For properties located on the inland side of Coast Highway in the Mariners’ Mile Corridor that are designated as MU-H, (a) the Coast Highway frontages shall be developed for marine-related and highway oriented general commercial uses in accordance with CM and CG categories; and (b) portions of properties to the rear of the commercial frontage may be developed for free-standing neighborhood-serving retail, multi-family residential units, or mixed-use buildings that integrate residential with retail uses on the ground floor in accordance with the CN, RM , CV, or MU-V categories respectively. The Restaurant will front West Coast Highway with multi-family residential development towards the rear of the building. The Restaurant will serve as a commercial use oriented to serve neighbors, residents, and visitors to the City, consistent with the General Commercial (CG) land use category of the CLUP. b. Policy LU 2.1.4-5. Development shall be designed and planned to achieve high levels of architectural quality and compatibility among on-site and off-site uses. Adequate pedestrian, non-automobile and vehicular circulation and parking shall be provided. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 12 of 20 10-18-21 The Project provides the required parking through a valet operation plan that incorporates adequate vehicular circulation. Valet services will ensure efficient use of the parking spaces on-site and, additionally, will utilize Avon Street in the rear of the Property to access the off-site parking spaces at a nearby property. Adequate queueing areas on-site will ensure queueing doesn’t extend onto Coast Highway. c. Policy LU 2.3.1-1. Permit visitor-serving retail and eating and drinking establishments in all commercially designated areas. The Property is intended for a mixed-use of commercial and residential development and the Project provides an eating and drinking establishment consistent with this policy. 2. The Property is in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (“CBC”) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved before the issuance of building permits, which was completed as part of the building permit issuance for PA2019-249. 3. A preliminary Water Quality Management Plan (“WQMP”) was approved by the City as part of the approval for the mixed-use development (PA2019-249). The WQMP concluded that implementation of the development would not result in potentially significant impacts to the drainage patterns on-site. Project storm water must comply with all applicable Municipal Separate Storm Systems (“MS4”) requirements to ensure that impacts to surface and ground water quality do not occur. Water quality objectives will be achieved through the incorporation of Best Management Practices (“BMPs”) identified in the preliminary WQMP during construction and post-project implementation. The Project to convert the previously approved grocery store to a restaurant does not affect the conclusions of the approved WQMP. 4. The Property has no native vegetation and/or habitat. The proposed tenant improvement to build out the Restaurant use would not impact the exterior of the Property. For this reason, no impacts to biological resources would occur. 5. The Project requires 48 parking spaces and adequate parking spaces will be provided between on-site and off-site parking lots. No on-street parking spaces on West Coast Highway will be eliminated and all parking circulation, including the valet parking, will occur on Avon Street instead of West Coast Highway. No coastal resources will be impacted as part of this Project. 6. The closest public viewpoint is adjacent and above the Property to the northeast at John Wayne Park. The inland location of the Property combined with the elevated and sloping location of the adjacent park minimizes impact to coastal views. The building that is under construction was designed to avoid impacts to public views. The Project does not involve exterior changes to the building that would increase the height, bulk, or massing and, therefore, will not impact coastal views. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 13 of 20 10-18-21 7. The nearest coastal view road is West Coast Highway, which is located to the south, as designated in the CLUP. The Project is located entirely on private property and will not inhibit coastal views of the Bay from the highway since the Project will occupy a suite that is being constructed on the inland side of West Coast Highway. The architecture is designed to provide an attractive appearance that is compatible with the surrounding area with high quality materials, neutral colors, and architectural treatments to prevent building monotony. The Project does not change the previously approved design. Therefore, the Project does not have the potential to degrade the visual quality of the coastal zone or result in significant adverse impacts to public views. Finding: L. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Facts in Support of Finding: 1. The Property is located in the Mariners’ Mile Corridor on the inland side of West Coast Highway and is not located between the nearest public road and the sea. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC, requires that the provision of public access bear a reasonable relationship between the requirement and the Project’s impact and be proportional to the impact. The Project will occupy a vacant commercial suite, and the use complies with all applicable development standards including required parking. The Project is not anticipated to result in a significantly increased demand on public access and recreation opportunities. The Property is located on the inland side of West Coast Highway approximately 300 feet from Newport Harbor and does not impact any public access easements. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the Project has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit and Coastal Development Permit (PA2024-0068), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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 Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 14 of 20 10-18-21 with the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan), of the Newport Beach Municipal Code. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the City Clerk in accordance with the provisions of Title 21, of the Newport Beach Municipal Code. 4. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified Local Coastal Program and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF DECEMBER, 2024. AYES: Ellmore, Salene, Rosene, Barto, Lowrey, Langford NOES: RECUSED: Harris ABSENT: BY:_________________________ Mark Rosene, Chair BY:_________________________ David Salene, Secretary Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 15 of 20 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved plans 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 Use Permit and Coastal Development Permit. 4. The Use Permit and Coastal Development Permit (PA2024-068) shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. The Applicant shall maintain a minimum of 16 parking spaces on-site at 2510 West Coast Highway and a minimum of 32 parking spaces off-site at 2436 West Coast Highway for a total minimum of 48 parking spaces for customer and employee parking. 6. A parking agreement or covenant, in a form approved by the City Attorney and the Director that guarantees the availability of the required off-site parking at an approved off-site location shall be recorded with the County Recorder’s Office against the subject property. The agreement or covenant shall require the owner or operator of the project to immediately notify the Director of any change of ownership or use of the property where the required off-site parking is located, or changes in the use or availability of the required off-site parking, or of any termination or default of the agreement between the parties. Upon notification that the private lease agreement for the required off-site parking has terminated or the required off-site parking is otherwise unavailable for the use authorized by this Conditional Use Permit (PA2024-0068), the Director shall establish a reasonable period of time in which one of the following shall occur. 1) Substitute parking acceptable to the Director, or 2) the size or intensity of use authorized by this Conditional Use Permit is reduced in proportion to the parking spaces lost, or 3) the owner or operator of the project must obtain a parking reduction pursuant to NBMC Section 20.40.110 and Section 21.40.110 (Adjustments to Off-Street Parking Requirements) rendering the required off-site parking unnecessary. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 16 of 20 10-18-21 7. With the exception of Condition of Approval Nos. 8 and 19 of Planning Commission Resolution No. PC2023-013, all conditions of approval from Resolution No. PC2023-013 shall remain applicable to this Project. 8. The hours of operation shall be between 5:00 p.m. and 11:00 p.m., daily. 9. This Use Permit and Coastal Development Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 10. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Use Permit and Coastal Development Permit or the processing of a new permit. 11. 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. 12. All landscape materials and irrigation systems shall be 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. 13. 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. 14. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 15. 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. 16. 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. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 17 of 20 10-18-21 17. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 18. No outside paging system shall be utilized in conjunction with this establishment. 19. 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. 20. 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. 21. 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. 22. 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). 23. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 24. 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. 25. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 26. 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 Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 18 of 20 10-18-21 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 Uchi Sushi Restaurant including, but not limited to, Conditional Use Permit and Coastal Development Permit (PA2024-0068). 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. Fire Department 27. Fire lanes shall be a minimum of 20 feet in width and shall be identified in accordance with Newport Beach Fire Department (NBFD) Guideline C.02. Building Division 28. 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 29. Valet operations and vehicle queueing shall be prohibited from impacting the public right-of-way including West Coast Highway and Avon Street. Valet parked vehicles shall be prohibited from parking in drive aisles. 30. The off-site valet parking lot shall only be used during the restaurant hours of operations and shall only be used when the business(es) located on the off-site parking lot are closed. 31. All deliveries shall occur on-site and shall be prohibited from impacting the public right- of-way including West Coast Highway and Avon Street. Police Department 32. The Alcoholic Beverage Control (ABC) License shall be limited to a Type 47 (On-Sale General – Eating Place). Any substantial change in the ABC license type shall require subsequent review and potential amendment of the Use Permit. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 19 of 20 10-18-21 33. The Applicant shall comply with all federal, state, and local laws, and all conditions of the ABC 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 Use Permit. 34. 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. 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. 35. The eating and drinking establishment shall close no later than 11:00 p.m., daily. Food or alcohol service after 11:00 p.m. is prohibited. 36. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 37. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 38. There shall be no live entertainment or dancing allowed on the premises. 39. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 40. Food service from the regular menu shall be made available to patrons until closing. 41. 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. 42. 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. 43. “VIP” passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 44. Strict adherence to maximum occupancy limits is required. 45. The Applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523 Planning Commission Resolution No. PC2024-026 Page 20 of 20 10-18-21 46.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 beremoved within 48 hours of written notice from the City. 47.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 tothe exterior shall constitute a violation of this condition. Docusign Envelope ID: 181C86E0-90F4-450B-8C87-553E84FF7523