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Home My WebLink About3.0_The Nice Guy Restaurant_Staff Presentation_PA2025-0252THE NICE GUY RESTAURANT (PA2025-0252) Planning Commission, Public Hearing March 5, 2026 Laura Rodriguez, Assistant Planner 949-644-3216, lrodriguez@newportbeachca.gov Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 2 PROJECT LOCATION Subject Property Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 3 BACKGROUND •In 1968, developed with 5,260 square-foot restaurant •No use permit required •March 1998, UP3627 approved •Permitted late hour operations & live entertainment •October 2023, Minor Use Permit (PA2023-0119) approved •Eliminated late hour operations, added DJ Property formally occupied by Guac Amigos. Vacant as of late 2024. Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) PROJECT DESCRIPTION 4 Existing (PA2023-0119)Proposed Gross Floor Area 5,260 SF No change Outdoor Dining Area N/A N/A Total Seats 144 (dining area) 34 (bar seating) 104 (dining area) 17 (bar seating) Occupancy 196 140 Hours of Operation 11 a.m. to 10:30 p.m., Monday to Thursday 11 a.m. to 11 p.m., Friday Saturday, holidays 9:30 a.m. to 10:30 p.m. on Sunday 11 a.m. to 12 a.m., Monday to Saturday 9:30 a.m. to 12 a.m. on Sunday Live Entertainment DJ, pre-programmed amplified music, singing DJ, piano, small ensemble, or pre- programmed amplified music Dancing Waitstaff only, within the interior of the restaurant Prohibited Alcoholic Beverage Sales Type 47 (On-Sale General – Eating Place) No change* Parking 57 spaces required 55 spaces provided 53 spaces required 55 spaces provided Conditional Use Permit required. No Coastal Development Permit required. Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 5 FLOOR PLAN Bar 140 SF Dining area 1,184 SF Back of House 2,256 SF Live entertainment 115 SF Exterior renovations proposed Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 6 ALCOHOL SALES •Reporting District 25 (RD 25) •RD 25 had 20% higher number of reported crimes than citywide average •RD 25 found to have undue concentration •Property has historically operated as a restaurant with alcohol service, live entertainment, and late hour operations •Police Department does not object to the request Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 7 LIVE ENTERTAINMENT Noise Study Prepared By RK Engineering Group •Evaluated noise levels during the day and night •Recommended doors and windows facing bay to be closed after 10 p.m. Project complies with the Exterior Noise Standards Subject Property Lido Isle 800 feet 485 feet Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) LATE HOUR OPERATIONS 8 Subject Property -Restaurants operating past 11 p.m. -Mariners’ Mile Corridor Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 9 CUP FINDINGS •Consistent with General Plan and Zoning •Compatible with the surrounding uses •Site has historically operated as a restaurant with alcohol service, live entertainment, and late hours •Lack of noise complaints or violations from Code Enforcement •Police Department has reviewed and provided conditions of approval incorporated in Resolution Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 10 NOTABLE CONDITIONS No. 4: Restaurant to close at 12:00 a.m. No. 5: During any live entertainment after 10:00 p.m., all doors and windows facing the bay shall remain closed. No. 7: Should noise complaints arise, the Operator shall perform a follow-up analysis to determine whether a violation is occurring and how the noise would be mitigated, if needed. No. 10: Signs shall be posted at the on-site parking area requesting patrons to keep noise to a minimum. No. 39: No live entertainment allowed on the premises without obtaining an Operator License. No. 43: Not to operate as bar, tavern, cocktail lounge, or nightclub Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 11 REVISIONS •Condition of Approval No. 10 intended to be two conditions Conditions will now read as follows: 10. The owner/operator shall post signs at clearly visible locations on the establishment at the on-site parking area under the owner/operator’s control. The signs shall request patrons to keep noise to a minimum. 11. Tenant identification signage shall be designed in accordance with the Mariners’ Mile Strategic Vision and Design Framework Guidelines. •Strike Condition of Approval No. 38 •Add a condition: All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) QUESTIONS AND DISCUSSION Laura Rodriguez, Assistant Planner 949-644-3216, lrodriguez@newportbeachca.gov 12 Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) LATE HOUR OPERATIONS 13 Subject Property -Restaurants operating past 11 p.m. -Mariners’ Mile Corridor Subject Property Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) KEY CHANGES 14 Existing Proposed Gross Floor Area 5,260 SF No change Outdoor Dining Area N/A N/A Total Seats 144 (dining area) 34 (bar seating) 114 (dining area) 17 (bar seating) Occupancy 196 140 Hours of Operation 11 a.m. to 10:30 p.m., Monday to Thursday 11 a.m. to 11 p.m., Friday Saturday, holidays 9:30 a.m. to 10:30 p.m. on Sunday 11 a.m. to 12 a.m., Monday to Saturday 9:30 a.m. to 12 a.m. on Sunday Live Entertainment DJ, pre-programmed amplified music, singing DJ, piano, small ensemble, or pre- programmed amplified music Dancing Waitstaff only, within the interior of the restaurant Prohibited Alcoholic Beverage Sales Type 47 (On-Sale General – Eating Place) No change Parking 57 spaces required 55 spaces provided 53 spaces required 55 spaces provided Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 15 SURROUNDING ZONING Subject Property Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) ADDITIONAL CONSIDERATIONS Alcohol Sales •consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) Live Entertainment •Complies withSection 10.26.025(Exterior NoiseStandards) Late Hour Operations •Impacts from music •Impacts from lighting •Impacts from increased traffic •Impacts from increased trash •Impacts from increased occupancy load •Impacts from any other factor 16 Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 17 PROJECT DESCRIPTION •Conditional Use Permit •Type 47 (On-Sale General – Eating Place) ABC License •Late Hours (past 11:00 p.m.) are requested •Live entertainment •No dancing or outdoor dining •No Coastal Development Permit required Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 18 PARKING •1 parking space per 100 SF •Restaurant square footage – 5,260 SF •53 parking spaces required •55 spaces provided on property Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 19 LATE HOUR OPERATIONS •Consider potential impacts from music, dancing and voices associated with allowed indoor and outdoor uses and activities upon adjacent or nearby uses •Consider potential impacts from high levels of lighting and illumination upon adjacent or nearby uses •Consider potential impacts from increased pedestrian and vehicular traffic activity during late night and early morning hours upon adjacent or nearby uses •Consider potential impacts from increased trash and recycling collection activities upon adjacent or nearby uses •Consider potential impacts from occupancy loads of the use upon adjacent or nearby uses Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252) 20 RECOMMENDED ACTION •Conduct a public hearing •Find this project exempt from CEQA under Class 1 of the CEQA guidelines •Adopt Resolution No. PC2026-005 approving the Conditional Use Permit Planning Commission - March 5, 2026 Item No. 3a Additional Materials Presented at the Meeting by Staff The Nice Guy Restaurant (PA2025-0252)