HomeMy WebLinkAbout24 - China Palace Use Permit - PA2010-082CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 24
September 28, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Makana Nova, Assistant Planner
949 - 644 -3249, mnova(cDnewportbeachca.gov
SUBJECT: China Palace Use Permit (PA2010 -082)
2800 West Coast Highway
• Use Permit No. 2010 -015
ISSUE
On August 5, 2010, the Planning Commission approved Use Permit No. UP2010 -015
allowing live entertainment and dancing at an existing restaurant. Due to the changes in
operational character, additional off -site parking was required and the hours of
operation were limited. On August 17, 2010, Council Member Rosansky appealed the
approval of the Use Permit to review the hours for late night activities and parking
(Attachment No. CC 1).
RECOMMENDATION
1) Conduct a de novo hearing; and
2) Adopt a resolution denying the appeal and upholding and affirming the decision of
the Planning Commission to approve Use Permit No. UP2010 -015, subject to the
findings and conditions of approval included within the attached draft resolution
(Attachment No. CC 2).
DISCUSSION
Proiect Setting and Description
The project site is located at the northwest corner of West Coast Highway and Riverside
Avenue. The project site is also served by two off -site parking lots. The first off -site
parking lot is located at the Wells Fargo Bank building across Riverside Avenue at 2750
West Coast Highway and the second is located at the adjacent Mariner's Center at 149
Riverside Avenue.
VICINITY MAP
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Project Site fs�
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Off -Site Lots
China Palace Use Permit Review
September 28, 2010
Page 2
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Municipal Lot
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GENERAL PLAN ZONING
If
LOCATION
GENERAL PLAN
I ZONING
CURRENT USE
ON -SITE
Mixed -Use Horizontal 1
Mariner's Mile Specific
Eating and Drinking
(MU -H1 )
Plan SP -5, RSC
Establishment
NORTHWEST
Mixed -Use Horizontal 1
Mariner's Mil ific
Vehicle Rental Facilities
(MU-H1)
Plan , RSC
SOUTHEAST
Mixed -Use Horizontal 1
Mariner's Mile Specific
Bank
(MU -H1 )
I Plan SP -5, RMC
NORTHEAST
Mixed -Use Horizontal 1
Mariner's Mile Specific
Retail
MU -H1
Plan SP -5, R S C)
SOUTHWEST
Mixed -Use Water
Mariner's Mile Specific
Eating and Drinking
Related 1 (MU -W1)
L Plan (SP -5, RSC)
Establishments and Office
China Palace Use Permit Review
September 28, 2010
Page 3
The application is for a new use permit to allow live entertainment and dancing from
6:00 p.m. to 2:00 a.m., daily, within an existing full - service eating and drinking
establishment, which has a Type 47 (On Sale General- Eating Place) Alcoholic
Beverage Control(ABC) license. The existing restaurant that has 2,129 square feet of
net public area and the proposed dance floor is 200 square feet in area. The application
also includes a Parking Management Program for 30 off - street parking spaces.
Planning Commission Action
The Planning Commission held a public hearing on August 5, 2010. The application was
approved unanimously and live entertainment and dancing were limited between 6:00
p.m. and 1:00 a.m and 30 off -site parking spaces were required. In addition, the hours
of operation of the outdoor patio were limited from 7:00 a.m. to 12:00 midnight. The
minutes and resolution from the Planning Commission hearing have been attached for
reference (Attachment Nos. CC 3 and CC 4).
City Council Review Hearing
Pursuant to Section 20.95.060.C, a public hearing on an appeal is conducted "de novo ",
meaning that it is a new hearing and the prior decision of the Planning Commission to
approve Use Permit No. UP2010 -015 has no force or effect. The City Council is not
bound by the Commission's prior decision or limited to the issues raised by the appeal.
Analysis
Hours of Operation
The applicant requests allowing live entertainment and dancing until 1:30 a.m., instead
of 1:00 a.m as limited by the Planning Commission. The applicant is also requesting
that the condition limiting the hours of operation for the outdoor patio to 7:00 a.m. to
12:00 midnight be removed, which would allow the outdoor patio to operate with the
same hours for the restaurant (7:00 a.m. to 2:00 a.m.).
At the Planning Commission meeting, staff recommended that the Planning
Commission require a 12:00 midnight closing time for the restaurant, based on the
Police Department's concern that the establishment would likely operate as a nightclub,
which could result in an increase in the demand for their services (see Attachment No.
CC 5 for the Police Department Recommendation). Staff was also concerned about
potential land use conflicts in the future should the area be developed with mixed -use
residential units allowed by the General Plan. A full analysis of the project is provided in
the Planning Commission staff report (Attachment No. CC 6).
The limits applied by the Planning Commission on the hours for live entertainment and
dancing and for the outdoor patio area were viewed as a compromise between the
requests of the applicant and the concerns raised by the Police Department and staff.
China Palace Use Permit Review
September 28, 2010
Page 4
Staff recommends that the City Council uphold the Planning Commission's limits on the
hours of operation.
Parking
Section 20.66.070 of the Zoning Code requires parking for eating and drinking
establishments within a range of one space per 30 to 50 square feet of net public area'
based upon the physical and operational characteristics of the use. The original
approval of the restaurant established a parking rate of one parking space per 50
square feet of net public area (43 spaces) given that the use was considered a low
turnover, fine dining establishment. Use Permit No. UP3095 required the establishment
to purchase 13 city parking passes for employees to park in the Avon municipal lot.
In its recommendation to the Planning Commission, staff recommended a parking rate
of one parking space per 35 square feet of net public area (61 parking spaces) after
6:00 p.m. due to the anticipated increased occupancy associated with live entertainment
and dancing. The proposed maximum occupancy for the establishment is 197 people
(approximately 3 people per required parking space). With 13 parking passes, the off -
site parking requirement would be 22 spaces. A staff report to the Planning Commission
containing a full analysis of the project is attached (Attachment No. CC 6).
The Planning Commission found that the 30 parking spaces available at 2750 West
Coast Highway should be required due to the difficulty of finding adequate parking in the
Mariner's Mile area. The Planning Commission also found that these 30 spaces could
be provided at 2750 West Coast Highway (Wells Fargo) or 149 Riverside Avenue (C'est
Si Bon) given that the applicant has approval from both businesses for the use of their
parking after 6:00 p.m. (Attachment No. CC 7). The 30 additional parking spaces off -site
results in a parking rate of one parking space per 31 square feet of net public area.
The available evening parking for the establishment is shown in Table 1.
T.. kle 1 A. ;1i 6ln rdM n m to 7 -nn a m
Location
Address
Number of Spaces
Notes
On -Site
2800 West Coast Highway
26
Valet parking is not required
Avon Municipal
Lot
200 Tustin Avenue
13
UP3095, employee parking
Well's Fargo
2750 West Coast Highway
30
6:00 p.m. to 2:00 a.m.
C'est Si Bon
149 Riverside Avenue (A & B)
10
6:00 p.m. to 2:00 a.m.
TOTAL
79
Net Public Area (NPA): The Zoning Code defines net public area as the total area used to serve
customers, including, but not limited to, customer sales and display areas, customer seating areas,
service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens,
storage and utility areas, and similar areas used by the employees of the establishment.
China Palace Use Permit Review
September 28, 2010
Page 5
The applicant requests a parking rate of one parking space per 40 square feet of net
public area. This parking rate would result in a parking requirement of 54 parking
spaces on and off -site. With 13 parking passes previously approved, the off -site parking
requirement would be 15 spaces. Historically, the City has used the 1 per 40 ratio for
most family -style restaurants with a turn -over of approximately one hour or less, but has
applied higher ratios for establishments with higher occupancies.
Table 2 identifies the number of spaces based upon the Zoning Code standards.
Table 2.
Net Public Area: 2.129 so ft
Parking Rate
Required Spaces
Notes
1 per 30
71 spaces
1/31 required by Planning Commission
1 per 35
61 spaces
as recommended by staff
1 per 40
54 spaces
as requested by the applicant
1 per 45
48 spaces
1 per 50
43 spaces
as approved by UP3095
Based on the physical and operational characteristics of the establishment coupled with
the location of the property, the applicant's proposal would not provide adequate
parking in staff's opinion and staff recommends City Council uphold the Planning
Commission's approval to require 30 off -site parking spaces.
Alternatives
If the City Council does not wish to sustain the decision of the Planning Commission,
the City Council may revise the conditions of approval or reverse the decision of the
Planning Commission and deny the application. Should the City Council choose to do
so, staff will return with a resolution incorporating new findings and or /or conditions.
ENVIRONMENTAL REVIEW
The project is categorically exempt under Section 3, of the California Environmental
Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small
Structures). The project consists of minimal change to the physical characteristics of the
existing structure. The conversion of the eating and drinking establishment to allow for
the addition of live entertainment includes only minor interior modifications to the
existing structure for the installation of a new dance floor.
China Palace Use Permit Review
September 28, 2010
Page 6
PUBLIC NOTICE
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
FUNDING AVAILABILITY
Not applicable.
Prepared by:
Maka a No a, Assistant Planner
Attachments:
Submitted by:
�� 4� _
Jar6es Campbell, Acting Planning Director
CC 1 Appeal Letter
CC 2 Draft City Council Resolution
CC 3 Planning Commission Minutes
CC 4 Planning Commission Resolution No. 1818
CC 5 Police Department Recommendation
CC 6 Planning Commission Staff Report
CC 7 Letters from adjacent businesses
CC 8 Project Plans
CC 9 Parking Management Program
Attachment No. CC 1
Appeal Letter
From: Parandigm@aol.com [mailto:Parandigm@aol.com]
Sent: Tuesday, September 21, 2010 1:28 PM
To: Smith, Dana
Subject: China Palace
Dana:
I am calling up the approval of the China Palace CUP to
review the operating hours and the parking conditions.
Thanks
Steve Rosansky
Attachment No. CC 2
Draft City Council Resolution
Jb
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. UP2010 -015
TO ALLOW LIVE ENTERTIAINMENT AND DANCING WITHIN AN
EXISTING RESTAURANT LOCATED AT 2800 WEST COAST
HIGHWAY IN CONJUNCTION WITH A PARKING MANAGEMENT
PROGRAM FOR THE PROVISION OF OFF -SITE PARKING
LOCATED AT 2750 WEST COAST HIGHWAY (PA2010 -082).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Yu -Ter Mau, representing China Palace, lessee of property
located at 2800 West Coast Highway, legally described as the southeasterly 129.15 -foot
by 130 -foot portion of Lot F, Tract No. 919, in the City of Newport Beach, County of
Orange, State of California, as per map recorded in Book 29, Pages 31 to 34, inclusive of
miscellaneous maps, in the office of the county recorder of the County of Orange.
2. The applicant proposed a new use permit to allow live entertainment and dancing from
6:00 p.m. to 2:00 a.m., daily, within an existing full - service eating and drinking
establishment that has a Type 47 (On Sale General- Eating Place) Alcoholic Beverage
Control license. The proposed dance floor is 200 square feet in area and is located
within the existing 2,129- square -foot net public area. The application also includes a
Parking Management Program for 30 off - street parking spaces.
3. The subject property is located within the Retail and Service Commercial land sub -area
of the Mariner's Mile Specific Plan (SP -5) Zoning District and the General Plan Land Use
Element category is Mixed -Use Horizontal 1 (MU -1-11).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed -Use Horizontal (MU -H).
5. At a noticed public hearing held on August 5, 2010, the Planning Commission considered
the application, plans, and written and oral evidence presented at this meeting, and
approved Use Permit No. UP2010 -015 based on the findings and conditions of approval
in Planning Commission Resolution No. 1818.
6. On August 17, 2010, the Planning Commission's decision to approve Use Permit No.
UP2010 -015 was appealed by the City Council by Council Member Rosansky. The
appeal was filed to review the authorized hours for late night activities and parking.
7. The City Council held a public hearing on September 28, 2010, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. The City Council
considered evidence, both written and oral presented at this meeting, and affirmed and
upheld the Planning Commission's decision and approved Use Permit No. UP2010-
015.
City Council Resolution No. _
Page 2 of 14
8. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo,"
meaning that it is a new hearing and the decision being appealed has no force or
effect as of the date the call for review was filed.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 3 (New Construction or
Conversion of Small Structures).
2. The project consists of minimal change to the physical characteristics of the existing
structure. The conversion of the eating and drinking establishment to allow for the
addition of live entertainment includes only minor interior modifications to the existing
structure for the installation of a new dance floor.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.91.035.A of the Newport Beach Municipal Code, the City
Council Finds as follows:
Finding:
A. That the proposed location of the use is in accord with the objectives of the Zoning
Code and the purpose of the district in which the site is located.
Facts in Support of Finding:
A -1. The project is located in the SP -5 (Mariner's Mile Specific Plan) Zoning District within
the Retail Service Commercial Sub -Area. The Retail and Service Commercial Sub -
Area encourages the continuation of "marine- oriented" uses and the "marine" theme or
character of the area; encourages mutually supportive businesses, a continuity of
shopping and pedestrian orientation, and prohibits uses, which would interrupt this
continuity; and minimizes the number of curb cuts on Coast Highway. The eating and
drinking establishment with existing on -sale alcoholic beverage service is a mutually
supportive commercial use that serves visitors, residents, and employees in the area.
Eating and drinking establishments are a permitted use in this land use district with the
approval of a use permit. Therefore, the eating and drinking establishment with on -sale
alcohol service and live entertainment is consistent with the purposes of the Mariner's
Mile Specific Plan for the Retail Service Commercial Sub -Area.
A -2. The location of the eating and drinking establishment is located within Mariner's Mile is
surrounded by land uses that are dominated by retail commercial, professional office
and visitor serving uses. Restaurant uses with live entertainment can be expected to
be found in this and similar locations and are complimentary to the surrounding
commercial uses.
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City Council Resolution No. _
Page 3 of 14
A -3. The project site is located in an area designated for mixed -use development, but not
located in close proximity to residential districts, day care centers, schools, park and
recreation facilities or places of religious assembly.
A -4. The project has been conditioned in such a manner to require strict adherence to
safety and noise regulations. The project design and operational characteristics, as
conditioned, meets the intent of the Zoning Code.
Finding:
B. That the proposed location of the Use Permit and the proposed conditions under which
it would be operated or maintained will be consistent with the General Plan and the
purpose of the district in which the site is located; will not be detrimental to the public
health, safety, peace, morals, comfort, or welfare of persons residing or working in or
adjacent to the neighborhood of such use; and will not be detrimental to the properties
or improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
B -1. The Land Use Element of the General Plan designates the site for Mixed Use
Horizontal 1 (MU -H1). Properties designated MU -H1 on the inland side of Coast
Highway in the Mariners' Mile Corridor are intended for marine - related and highway -
oriented general commercial uses in accordance with CM and CG designations. The
existing eating and drinking establishment and proposed live entertainment is
consistent with this land use designation.
B -2. The existing eating and drinking establishment is located in a commercially designated
area and is consistent with the land uses intended for properties fronting West Coast
Highway within the Mariner's Mile corridor. The updated General Plan, adopted in
2006, provides opportunities for the integration of residential units on the inland
parcels between Riverside Avenue and Tustin Avenue. Due to the potential addition of
residential units in the vicinity of the project site, the project has been conditioned as
reflected in the draft resolution (Attachment No. PC 1) to regulate parking, trash, and
site maintenance.
B -3. The use authorized by this permit is not a bar, tavern, cocktail lounge, or nightclub.
The City has experienced land use conflicts, nuisance issues, and issues requiring
police intervention with these types of activities in the past. Prohibition of these uses or
activities will minimize potential land use conflicts, nuisances and police intervention.
The Police Department has provided Condition Nos. 3, 12, 15 through 20, 22 through 25,
and 52 to ensure the operation is maintained as proposed by the applicant.
B -4. There have been no alcohol related arrests for the subject property from July 1, 2009
through July 1, 2010. Although the number of alcohol licenses within the reporting
district and adjacent reporting districts is higher than the County -wide average and
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City Council Resolution No. _
Page 4 of 14
adjacent districts, this level is not significantly high given the nature of the land uses in
the district. The percentage of alcohol - related arrests in the police - reporting district in
which the project is proposed is lower than the percentage citywide. The preceding
information supports the case that the subject establishment will not become an undo
burden upon police services with the addition of live entertainment.
B -5. Both the General Plan and the CLUP set a development intensity limit of 0.5 floor area to
land area ratio (FAR) for non - residential development. The total square footage of 5,347
gross square feet for the project site results in an FAR of 0.32. The proposed project
complies with the maximum FAR permitted by the General Plan.
Finding:
C. That the proposed use will comply with the provisions of this Zoning Code, including
any specific condition required for the proposed use in the district in which it would be
located.
Facts in Support of Findino:
C -1. The proposed use complies with the development standards for the SP -5 (Mariner's Mile
Specific Plan) District. The existing full - service eating and drinking establishment with
proposed live entertainment will not be detrimental to the site or to the community based
upon the proposed conditions of approval. The proposed conditions of approval ensure
that all conflicts with surrounding land uses are eliminated or minimized to the greatest
extent possible.
C -2. The hours of operation have been conditioned to limit live entertainment at the
establishment from 6:00 p.m. to 1:00 a.m. The hours of operation for the establishment
will be reduced to 7:00 a.m. to 2:00 a.m., daily.
C -3. The approved Parking Management Program will ensure adequate access and
utilization of the parking areas provided both on and off -site for the subject
establishment.
SECTION 4. DECISION.
NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
SECTION 1: The City Council of the City of Newport Beach does hereby denies the
appeal and upholds and affirms the decision of the Planning Commission and approves Use
Permit No. UP2010 -015 subject to the conditions contained in Exhibit 'A," which is attached
hereto and incorporated by reference.
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City Council Resolution No. _
Page 5 of 14
SECTION 2: This resolution was approved and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 28th day of September, 2010, by the following
vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMB
ABSENT COUNCILMEMBERS
MA
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
David R. Hunt, City Attorney
For the City of Newport Beach
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/s
City Council Resolution No. _
Page 6 of 14
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
1. Use Permit No. UP2010 -015 shall be subject to a one year review before the Planning
Commission after the date of approval.
2. Prior to issuance of building permits, the applicant shall obtain a determination, in
writing, from the Coastal Commission that the project as proposed is not development
under the California Coastal Act or obtain Coastal Commission approval of the parcel
map.
3. There shall be no live entertainment or dancing allowed on the premises without first
obtaining a Live Entertainment permit from the City. Prior to the issuance of building
permits for the change of occupancy, the applicant shall obtain a Live Entertainment
Permit from the Revenue Department,
4. 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
Department.
5. The hours of operation for the eating and drinking establishment indoors shall be limited
from 7:00 a. m. to 2:00 a.m., daily. The hours of operation for the outdoor dining area shall
be limited from 7 :00 a.m. to 12.00 midnight.
6. Live entertainment shall be permitted at the subject property from 6:00 p.m. to 1:00 a.m.
7. Dancing is allowed for the hours of live entertainment.
8. The area provided for live entertainment and dancing shall not exceed 400 square feet.
9. The applicant shall provide licensed security personnel while offering live entertainment.
10. A comprehensive security plan for the permitted uses shall be submitted to the Newport
Beach Police Department for review and approval.
11. All owner's, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
serving and selling alcoholic beverages.
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City Council Resolution No. _
Page 7 of 14
12. Approval does not permit China Palace to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Municipal Code, unless the Planning Commission first
approves a use permit.
13. Live entertainment shall be as defined in the Municipal Code.
14. The live entertainment use shall be permitted within the interior dining rooms only. Live
entertainment provided for restaurant patrons shall remain an ancillary use intended to
enhance the dining experience within the restaurant. The live entertainment area shall
be physically identified within the restaurant area.
15. Food service from the regular menu must be available to patrons up to thirty minutes
before the scheduled closing time.
16. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
17. No `happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when offered in conjunction with food ordered from the full service menu. There
shall be no reduced price alcoholic beverage promotion after 9:00 p.m.
18. 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 or sale of
drinks is prohibited.
19. The 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.
20. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the
licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
21. 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.
22. There shall be no on -site radio, television, video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time which include the
service of alcoholic beverages, without first obtaining an approved Special Events Permit
issued by the City of Newport Beach.
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City Council Resolution No. _
Page 8 of 14
23. The use of private (enclosed) "VIP" rooms or any other temporary permanent enclosures
separate from public areas are prohibited.
24. When offering live entertainment, all doors and windows shall remain closed except for
the normal ingress /egress doors. The doors and windows from the primary dining room
to the outdoor dining room shall be closed at all times during the hours of live
entertainment other than for server access.
25. Live entertainment shall be permitted only within the confines of the main building. No
outside paging system shall be utilized in conjunction with this establishment. No
amplified music or entertainment is permitted in the outdoor dining area, sidewalk, or
adjacent areas. No outside paging system, loudspeaker or other noise generating
device shall be utilized in conjunction with this outdoor dining area. No music will be
piped into any sidewalk or adjacent areas.
26. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements of the Newport Beach Municipal
Code. The maximum noise shall be limited to no more than depicted below per the
current Zoning Code for the specified time periods unless the ambient noise level is
higher:
27. All proposed signs shall be in conformance with the provisions of Chapter 20.67 of the
Newport Beach Municipal Code or an approved Comprehensive Sign Program for the
project site.
28. The landscape plan for the restaurant site shall be subject to the review and approval
of the Parks, Beaches, and Recreation Department, the Public Works Department,
and the Planning Department. [COA UP3095]
29. Landscaping shall be regularly maintained free of weeds and debris. All vegetation
shall be regularly trimmed and kept in healthy condition. [COA UP3095]
30. Final design of the project shall provide for adequate security lighting in public areas
and the off -site parking areas. [COA UP3095]
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Between the hours of 7:OOAM
and 10:OOPM
Between the hours of
10:OOPM and 7:OOAM
Interior
Exterior
Interior
Exterior
l Property
FMixed
45dBA
55dBA
40dBA
50dBA
l Property located within
a commercial property
45dBA
60dBA
45dBA
50dBA
Property
45dBA
60dBA
45dBA
50d BA
Commercial Property
N/A
65dBA
N/A
60dBA
27. All proposed signs shall be in conformance with the provisions of Chapter 20.67 of the
Newport Beach Municipal Code or an approved Comprehensive Sign Program for the
project site.
28. The landscape plan for the restaurant site shall be subject to the review and approval
of the Parks, Beaches, and Recreation Department, the Public Works Department,
and the Planning Department. [COA UP3095]
29. Landscaping shall be regularly maintained free of weeds and debris. All vegetation
shall be regularly trimmed and kept in healthy condition. [COA UP3095]
30. Final design of the project shall provide for adequate security lighting in public areas
and the off -site parking areas. [COA UP3095]
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City Council Resolution No. _
Page 9 of 14
31. The project lighting system shall be designed and maintained in such a manner so as
to conceal the light source and to minimize light spillage and glare to the adjacent
area. The plans shall be prepared and signed by a licensed electrical engineer, with a
letter form the engineer stating that, in his opinion, this requirement has been met.
(COA UP30951
32. All trash areas, mechanical equipment, vents, and other service equipment shall be
shielded or screened by architectural design from public streets and adjoining
properties. [COA UP3095]
33. 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.
34. 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.
35. 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.
36. 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
Department. 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).
37. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m., daily, unless otherwise approved by the Planning Director,
and may require an amendment to this Use Permit.
38. 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.
39. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
40. Use Permit No. UP2010 -0015 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
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City Council Resolution No. _
Page 10 of 14
41. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
42. 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.
43. This Use Permit may be modified or revoked by the City Council or 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.
44. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
45. 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.
46. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
47. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the China Palace Use Permit for Live Entertainment
including, but not limited to, Use Permit No. UP2010 -015 (PA2010 -082). 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 Conditions
48. That all access to the building be approved by the Fire Department. [COA UP3095]
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City Council Resolution No. _
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49. That all on -site fire protections (hydrants and Fire Department connections) shall be
approved by the Fire and Public Works Department. [COA UP30951
50. That prior to the issuance of building permits, the Fire Department shall review the
proposed plans and may require automatic fire sprinkler protection. [COA UP3095]
51. The landscape plan shall place heavy emphasis on fire - retardant vegetation. (COA
UP3095]
Building Department Conditions
52. Strict adherence to maximum occupancy limits is required. A building permit is required
to allow the change in occupancy. Plan Check No. 0316 -2010 for tenant improvements
to the subject property shall be revised to reflect the new calculated occupant load to
accommodate live entertainment. The plans shall calculate the occupant load,
including all occupied areas, patio, and dance floor based on the CBC Chapter 4. The
plans shall verify that the existing number of plumbing fixtures complies with Table
CBC 4 -1 (Restaurants). All plans and work must comply with the California Building
Code.
53. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code.
54. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
55. The construction plans must meet all applicable State Disabilities Access requirements.
Handicapped parking shall be provided in a manner and quantity approved by the City
Traffic Engineer. The handicapped parking shall be available for self - parking. jCOA
UP3095]
56. Fugitive dust emissions during demolition and construction shall be minimized by
watering the site for dust control, containing excavated soil on -site until it is hauled
away, and periodically washing adjacent streets to remove accumulated materials.
(COA UP30951
57. A washout area for the restaurant trash containers shall be provided in such a way as
to assure direct drainage into the sewer system and not into the Bay or the storm
drains. [COA UP3095]
58. Grease interceptors shall be installed on all fixtures in the restaurant facilities where
grease may be introduced into the drainage systems in accordance with the provision
of the Uniform Plumbing Code. [COA UP3095]
59. Kitchen exhaust fans shall be designed to control odors and smoke. [COA UP3095]
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City Council Resolution No. _
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60. Final design of the project shall provide for the incorporation of water - saving devices
for project lavatories and other water -using facilities. [COA UP3095]
Public Works Conditions
61. A minimum of one parking space per 50 square feet of "net public area' shall be
provided for the restaurant use from 11:00 a.m. until 6:00 p.m. and that a maximum of
13 of the required restaurant parking spaces may be located in the Mariner's Mile
Municipal parking lot. [COA UP3095]
62. A total of 26 parking spaces shall be provided on -site for the full - service eating and
drinking establishment during operating hours from 6:00 p.m. to closing.
63. A total of 30 parking spaces shall be provided in the off -site parking lot located at 2750
West Coast Highway or at C est Si Bon Bakery at 149 Riverside Avenue, Suites A and B
from 6:00 p.m. to closing. Should the bank or C est Si Bon Bakery at 149 Riverside
Avenue, Suites A and B extend its hours of operation beyond 6:00 p.m. or the property
owner of 2750 West Coast Highway and at C'est Si Bon Bankery at 149 Riverside
Avenue, #B terminate the parking offered to 2800 West Coast Highway, the live
entertainment at the subject property shall be invalidated unless adequate off - street
parking can be obtained fro the subject property.
64. As a condition precedent to the Applicant conducting operations under Use Permit No.
UP2010- 015(PA2010 -082), the Applicant shall obtain the Planning Director's approval
of a written agreement between the Applicant (as lessee) and the owner of the
property located at 2750 West Coast Highway and 149 Riverside Avenue (as lessors)
providing parking for thirty (30) cars. If at any time the bank, located at 2750 West
Coast Highway, extends its hours of operation beyond 6:00 p.m., or if Applicant's
possession of the parking lot is terminated, or if the agreement is terminated for any
reason, then the live entertainment rights of the Applicant to operate under the above -
referenced Use Permit shall immediately terminate until replacement off -site parking,
acceptable to the Planning Director, is obtained for the subject property.
65. Valet parking is not permitted at 2750 West Coast Highway. If valet parking is
proposed at the off -site parking location, the applicant shall submit a new valet
operation plan.
66. Six compact parking spaces shall be permitted within the on -site parking area. (COA
UP3095]
67. Valet parking shall be required on -site during operating hours from 11:00 a.m. to 6:00
p.m. as long as the tandem configuration of parking (parallel parking in the drive aisle)
remains on -site.
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City Council Resolution No. _
Page 13 of 14
68. The valet operation shall not impact the public right -of -way. Vehicle staging, drop off
and pick -up shall occur on -site only and the valet pick -up and delivery station shall not
be located in the public- right -of -way. [COA UP3095]
69. The valet parking service shall not preclude the use of a portion of the independently
accessible spaces by patrons wishing to park their own car. The self -park spaces shall
be clearly designated. [COA UP3095]
70. The applicant shall discourage patrons from crossing Riverside Avenue at mid -block
locations and direct patrons to use to utilize nearby crosswalks.
71. That the on -site parking, vehicular circulation and pedestrian circulation be subject to
further review by the City Traffic Engineer, and that no parking be allowed on the
entrance drive within 16 feet of the property line. [COA UP3095]
72. That all improvements be constructed as required by ordinance and the Public Works
Department.
73. That 13 parking permits shall be purchased from the City on an annual basis. Said
parking permits shall be distributed to the employees of the restaurant for their use in
parking in the municipal lot. [COA UP3095]
74. That employees of the restaurant shall be required to park in the municipal parking lot.
[COA UP3095]
75. The signage for take -out parking in the ADA access pathway shall be removed.
76. That the intersection of streets and drives be designed to provide site distance for a
speed of 35 miles per hour. Landscaping, walls and other obstructions shall be
considered in the sight distance requirements. Landscaping within the sight distance
line shall not exceed twenty -four inches in height. The sight distance requirement may
be approximately modified at non - critical locations, subject to the approval of the
Traffic Engineer. (COA UP30951
77. That the applicant's leasehold interest to a 19 -foot by 19 -foot -45 degree corner cutoff
at the northwesterly corner of Riverside Avenue and West Coast Highway and to 18
feet of right -of -way be dedicated to the public for street and highway purposes along
the West coast Highway frontage, and that the building be relocated towards the
westerly side property line so as to provide for the required corner cutoff. [COA
UP3095]
78. That prior to obtaining building permits, the Applicant shall agree he will not request
adjustments to rental fees based on the City's acquisition of the 18 -foot wide strip and
corner cutoff, reducing the size of the parcel. (COA UP30951
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City Council Resolution No. _
Page 14 of 14
79. That the future street area be landscaped and maintained by the Applicant until such
time as it is needed for street purposes. (COA UP30951
80. That all vehicular access rights to West Coast Highway be released and relinquished
to the City of Newport Beach prior to issuance of any building permits. [COA UP3095]
81. That street and utility improvements be shown on standard improvement plans
prepared by a licensed civil engineer. [COA UP3095]
82. That the Applicant acknowledges and agrees that the proposed development will not
increase the need for on- street parking along West coast Highway and therefore, the
Applicant agrees not to claim any economic loss for the removal of parking for the
restriping or widening of West Coast Highway on the grounds of loss of on- street
parking. (COA UP30951
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Z�
Attachment No. CC 3
Planning Commission Minutes
2v
NEWPORT BEACH PLANNING COMMISSION MINUTES
applicant proposes a winery (wine production with accessory retail
sales and accessory wine tasting).
Fern Nueno, ssistant Planner, gave a brief overview of the staff report,
including amino ange to the project description in the Study Plan.
Cora Newman of Gover ent Solutions, representing the applican nd Gus
Defalco, applicant made co ents and answered questions sed by the
Commission. Detective Bryan e, Newport Beach Police partment made
further comments and was available questions.
Public comment was opened.
No comments were made.
Public comment was closed.
Motion made by C ,pKmissioner Toerge, seconded by Comrni§sioner
Unsworth, to adopt solution, as follows; recommend City Council appro of
Code Amendm No. CA2010 -005.
Motion jodrried with the followina vote
08/05/2010
Ay Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge \
es: None
SUBJECT: China Palace Use Permit - (PA2010 -082) ITEM NO. 7
2800 West Coast Highway PA2010 -082
The application is for a use permit to allow live entertainment and Approved
dancing within an existing full - service eating and drinking
establishment with on -sale alcohol service. Required off - street
parking for the project will be provided at an off -site parking lot
located at 2750 West Coast Highway.
Makana Nova, Assistant Planner, gave a brief overview of the staff report with
a PowerPoint presentation.
Scott Peotter, representing the applicant, presented an aerial map depicting
restaurants surrounding China Palace to the Planning Commission and staff
and made comments. Detective Bryan Moore, Newport Beach Police
Department made comments.
Public comment was opened.
Comments were given by the following:
Michael Pells, 308 Avenida Carlos
Howard Larsen, 407 Kings Place
Craig Hudson, Newport Beach resident
Dr. Cassidy, Cliff Drive resident
Kathy Seymour, Kings Road resident
Mr. West. Newport Beach resident
Page 6 of 8
_j
rTq
CD
7D
CAI
Q
l*J
NEWPORT BEACH PLANNING COMMISSION MINUTES
Public comment was closed.
Motion made by Commissioner Toerge, seconded by Commissioner Eaton, to
adopt a resolution, after debate, to approve Use Permit No. UP2010 -015
subject to the findings and conditions of modified resolution provided by the
applicant's representative as follows:
• Page 3 of 13, Section B -2 — Strike the last portion of last sentence: "and to
limit the hours of operation so that the establishment closes 12:00
midnight.
• Page 4 of 13, Section C -1 — Incorporate all changes: Replace the word
proposed with "existing' and add the word "proposed' before live
entertainment
• Page 4 of 13, Section C -2 — Modify section to read as follows: "The hours
of operation have been conditioned to limit live entertainment at the
establishment from 6:00 p.m. to 1:00 a.m. The hours of operation for the
establishment will be reduced to 7:00 a.m. to 2:00 a.m., daily."
• Page 6 of 13, Exhibit "A ", Condition No. 4 — Modify condition to read:
"The hours of operation for the eating and drinking establishment indoors
shall be limited from 7:00 a.m.to 2:00 a.m., daily. The hours of operation
for the outdoor dining area shall be limited from 7:00 a.m. to 12:00
midnight."
• Condition No. 5 — Modify condition to read: "Live entertainment shall be
permitted at the subject property from 6:00 p.m. to 1:00 a.m."
• Condition No. 6 — Incorporate all changes: "Dancing is allowed for the
hours of live entertainment."
• Condition No. 7 - Incorporate all changes: "The area provided for live
entertainment and dancing shall not exceed 400 square feet."
• Condition No. 12 — Incorporate all changes: "Live entertainment shall be
as defined in the Municipal Code."
• Condition No. 25 — Incorporate all changes: add the words "per current
code" after the word below in the last sentence.
• Condition No. 36 — Incorporate all changes: Change 8:00 a.m. to 700
a.m."
• Condition No. 61 — Incorporate all changes: Change 12:00 midnight to
"closing ".
• Condition No. 62 — Modify condition to require a total of "30 parking
spaces" and incorporate all other changes.
• Condition No. 64 — Incorporate all changes: Replace application with
"applicant"
• Add condition to read "When offering live entertainment, all doors and
windows shall remain closed except for the normal ingress /egress doors.
The doors and windows from the primary dining room to the outdoor
dining room shall be closed at all times during the hours of live
entertainment other than for server access."
• Add condition to read "As a condition precedent to the Applicant
conducting operations under Use Permit No. UP2010 -015 (PA2010 -082),
the Applicant shall obtain the Planning Director's approval of a written
agreement between the Applicant (as lessee) and the owner of the
property located at 2750 West Coast Highway and 149 Riverside Avenue
08/05/2010
Page 7 of 8
b
NEWPORT BEACH PLANNING COMMISSION MINUTES 08/05/2010
#B (as lessors) providing parking for thirty (30) cars and seven (7) cars,
respectively. If at any time the bank, located at 2750 West Coast
Highway, extends its hours of operation beyond 6:00 p.m., or if
Applicant's possession of the parking lot is terminated, or if the
agreement is terminated for any reason, then the live entertainment rights
of the Applicant to operate under the above - referenced Use Permit shall
immediately terminate until replacement off -site parking, acceptable to
the Planning Director, is obtained for the subject property."
• Add a condition to read "Use Permit No. UP2010 -015 shall be subject to
a one year review before the Planning Commission after the date of
approval ".
Scott Peotter stated that the applicant was not agreeable to the hours of live
entertainment being limited to 1:00 a.m.
Motion carried with the following vote:
Ayes:
Eaton, Unsworth, Hawkins, McDaniel, Amen, and Toerge,
Noes:
None
NEW BUSINESS
None
STAFF AND COMMISSIONER ITEMS
City Council Follow -up — meet in djourned prior to considerate f this item
ITEM NO. 8
Planning Commission reports — meeting ourned ' r to consideration of this
ITEM NO. 9
item
Announcements on matters that Co Ssion members ould like placed on a
ITEM NO. 10
future agenda for discussion, a " n, or report. — meeting ourned prior to
consideration of this item.
Requests for excused nces — meeting adjourned prior to considera " of
ITEM NO. 11
this item
11:30 p.m.
:77" MICHAEL TOERGE, SECRETARY
CITY OF NEWPORT BEACH PLANNING COMMISSION
Page 8 of 8
Attachment No. CC 4
Planning Commission Resolution No. 1818
RESOLUTION NO. 1818
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
UP2010.015 TO ALLOW LIVE ENTERTIAINMENT AND
DANCING WITHIN AN EXISTING RESTAURANT LOCATED AT
2800 WEST COAST HIGHWAY IN :,'ON3UNC?`ION WITH A
PARKING MANAGEMENT PROGRAM FOR THE PROVISION OF
OFF -SITE PARKING LOCATED AT 1750 WEST COAST
HIGHWAY (PA2010 -082)
9 HE PLANNING COMMISSION OF THE CITY fir NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
.Sr('TION 1. STATEMENT OF FACTS,
1. An application was filed by Yu -Ter Mau, representing China Palace, with respect to
property located at 2800 West Coast Highway, and legally described as the
southeasterly 129.15 -foot by 130 -foot portion of Lot F, Tract No. 919, in the City of
Newport Beach, County of Orange, State of California, as per map recorded in Book 29,
Pages 31 to 34, inclusive of miscellaneous maps, in the office of the county recorder of
the County of Orange requesting approval of a use permit.
2. The applicant requests approval of a use permit to allow live entertainment and
dancing within an existing full- service eating and drinking establishment with on -sale
alcohol service with off-street parking at an off -site parking lot located at 2750 West
Coast Highway.
3. The subject property is located within the Retail and Service Commercial land sub -area
of the Mariner's Mile Specific Plan (SP -5) Zoning District and the General Plan Land Use
Element category is Mixed -Use Horizontal 1 (MU -H1).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed -Use Horizontal (MU -H)_
5. A public hearing was held on August 5, 2010 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION,
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 3 (New Construction or
Conversion of Small Structures).
2. The project consists of minimal change to the physical characteristics of the existing
structure. The conversion of the eating and drinking establishment to allow for the
addition of live entertainment includes only minor interior modifications to the existing
structure for the installation of a new dance floor.
3`.
Planning Commission Resolution No. ,1818- -
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.91.035.A of the Newport Beach Municipal Code, the following
findings and facts in support of such findings are set forth:
r_i; fir: hoc_
A. That the proposed location of the use is in accord with the ohjective,s of the Zoning
Code and the purpose of the district in thick the site is located.
Facts in Sripport of Finding_
A -7 Tne project is located in the SP -5 (Mariner's ivlile Specific flan) Zoning District within
the Retail Service Cornmerciai Sub -Area. the Detail arid Service Commercial Sub -
Area encourages the continuation of "marine- oriented" uses and the "marine" theme or
character of the area; encourages mutually supportive businesses, a continuity of
shopping and pedestrian orientation, and prohibits uses, which would interrupt this
continuity, and minimizes the number of curb cuts on Coast Highway. The eating and
drinking establishment with existing on -sale alcoholic beverage service is a mutually
supportive commercial use that serves visitors, residents, and employees in the area.
Eating and drinking establishments are a permitted use in this land use district with the
approval of a use permit. Therefore, the eating and drinking establishment with on -sale
alcohol service and live entertainment is consistent with the purposes of the Mariner's
Mile Specific Plan for the Retail Service Commercial Sub -Area.
A -2. The location of the eating and drinking establishment is located within Mariner's Mile is
surrounded by land uses that are dominated by retail commercial, professional office
and visitor serving uses. Restaurant uses with live entertainment can be expected to
be found in this and similar locations and are complimentary to the surrounding
commercial uses.
A -3. The project site is located in an area designated for mixed -use development, but not
located in close proximity to residential districts, day care centers, schools, park and
recreation facilities or places of religious assembly.
A -4. The project has been conditioned in such a manner to require strict adherence to
safety and noise regulations. The project design and operational characteristics, as
conditioned, meets the intent of the Zoning Code.
Findin
B. Thai the proposed location of the Use Pennit and the proposed conditions under which
it would be operated or maintained will be consistent with the General Plan and the
purpose of the district in which the site is located, will not be detrimental to the public
health, safety; peace, morals, comfort, or welfare of persons residing or working in or
adiacent to the neighborhood of such rise; and will not be detrimental to the properties
or, improvements in the vicinity or to the general welfare of the city,
i ineii: J�?141?0
Planning Commission Resolution No. 1318
Facts in St1p o t of Finding:
B -1. The Land Use Element of the General Plan designates the site for Mixed Use
Horizontal) (MU -H1). Properties designated MU -H1 on the inland side of Coast
Highway in the Mariners' Mile Corridor are intended for marine- related and highway -
orlented' general commercial uses in accordance 4 ;th CNI aril, CG designations. I he
existing eating and drinking establishment and' proposed live nIntcrtaiiment is
consistent with this land use designation.
B -2 The existing eating and drinking establishment is located in a commercially designated
area and is consistent with the'and uses intended for properties fronting West Coast
Highway within the Mariner's Mile corridor. The updated General Plan, adopted in
2006; provides opportunities for the integration of residential units on the inland
parcels between Riverside avenue and Tustin Avenge, Due to the, potential addition of
residential units in the vicinity of the project site, the project has been conditioned as
reflected in the draft resolution (Attachment No PC 1) to regulate parking, trash, and
site maintenance_
B -3. The use authorized by this permit is not a bar, tavern, cocktail lounge, or nightclub,
The City has experienced land use conflicts, nuisance issues, and issues requiring
police intervention with these types of activities in the past. Prohibition of these uses or
activities will minimize potential land use conflicts, nuisances and police intervention.
The Police Department has provided conditions of approval to ensure the safety of the
operation as proposed by the applicant.
B -4. There have been no alcohol related arrests for the subject property from July 1, 2009
through July 1, 2010. Although the number of alcohol licenses within the reporting
district and adjacent reporting districts is higher than the County -wide average and
adjacent districts, this level is not significantly high given the nature of the land uses in
the district. The percentage of alcohol- related arrests in the police- reporting district in
which the project is proposed is tower than the percentage citywide. The preceding
information supports the case that the subject establishment will riot become an undo
burden upon police services with the addition of live entertainment.
B -5. Both the General Plan and the CLUP set a development intensity limit of 0.5 floor area to
land area ratio (FAR) for non- residential development. The total square footage of 5,347
gross square feet for the project site results in an FAR of 0.32. The proposed project
complies with the maximum FAR permitted by the General Plan.
Finding:
C. That the proposed use will comply with the provisions of this Zoning Code, including
any specific condition required for the proposed use in the district in which it would be
located.
Tmpr, �`,04'10 °�%
Planning Commission Resolution No. 1818
of 12
Facts in,Si.T t of Findinct:
C -1. The proposed use complies with the development standards for the SP-5 (Mariner's Mile
Specific Plan) District. The existing full- service eating and drinking establishment with
proposed live entertainment will not be detrimental to the site or to the community based
upon the proposed conditions cf approval. the proposed conditions of app.,ovai ensure
that all conflicts with surrounding land uses are eliminated or #nn, .;_rlizc i t.? the areate'st
extent possible,
C -2. The hours of operation have been conditioned to limit live entertainment at the
establishment from 5:00 p.nn. to 1:00 a.m. The hours of operation for the establis`r, Tent
will be reduced to 7:00 a.m_ to 2:00 a.m.. daily.
C: -3, Fhe approved Parking Management Program will ensure adequate access and
utilization of the parking areas provided both on and off -site for the subject
establishment.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Use Permit
No. UP2010 -015 (PA2010 -082) for live entertainment at the subject establishment,
subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated
by reference.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution 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 Newport Beach Municipal
Code.
3. This resolution supersedes Planning Commission Resolution No. 3095, which upon
vesting of the rights authorized by this use permit, shall become null and void.
AYES: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge
NOES: None
EXCUSED: F illgren
r
BY:
Earl McDaniel, Chairman
f
Michael Toerge Secretary
Tmplt: 04,"W10
G
L)
Planning Commission Resolution No. 18,18
".
M'.II.�il�ie®
CONDITiONS OF APPROVAL
r Prrye"t— sreclfic coo0itions are in italiCSi
PLANNING
1. Use Permit rlo. 41P2010 -015 -shall be subiect to a one year review✓ before the Planning
Corrrnission after the date of approval.
2. Prior to issuance of buildings permits, the applicant shall obtain a determination, in,
vfnting, from the Coastal Commission that the project as proposed is not development
z1. mer thr3 C'a r(. mk-' -Cd- tc l �.%:t C f ' e t�t/m Coastal "') Yrrmssio i rip, novai of the t. gruel
map.
3. There shall be no live entertainment allowed on the premises without first obtaining a
Live Entertainment pennit from the City, Prior to the issuance of building permits for the
change of occupancy, the applicant shall obtain a Live Entertainment Permit from the
Revenue Department.
4. 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
Department.
5. The hours of operation for the eating and drinking establishment indoors shall be limited
from 7:00 a. m. to 2:00 a. m., daily. The hours of operation for the outdoor dining area shall
be limited from 7:00 a.m. to 92:00 midnight.
6. Live entertainment shall be permitted at the subject property from 6:00 p,m. to 9:00 a.m.
7. Dancing is allowed for the tours of live entertainment
8. The area provided for live entertainment and dancing shall not exceed 400 square feet.
9. The applicant shall provide licensed security personnel while offering live entertainment.
10. A comprehensive security plan for the permitted uses shall be submitted to the Rtevlvport
Beach Police Department for review and approval.
11. All owner's, managers, and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
serving and selling alcoholic beverages.
12. Approval does not permit China Palace to operate as a bar. tavern, cocktail lounge, or
nightclub as defined by the Municipal Code, unless the Planning Commission first
approves a use permit.
13. Live entertainment shall be as defined in the Municipal Code.
Planning Commission Resolution No, 9818
14. The live entertainment use shall be permitted within the interior dining rooms only. Live
entertainrrrent provided for restaurant patrons shall remain an ancillary use intended to
enhance the dining experience within the restaurant. The live entertainment area shall
be physically identified within the restaurant area.
15. Food service from the regular rrmeiri exist be ,available to patrons rip to thirty minutes
before the .s•chociL,icr ofr)si;ig tii -,r ,'.
16. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the Controf of the licensee
-
1'. No ''happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except wheri offered in conjunction with food ordered frofn the full service trenm_ There
shall be no reduced price alcoholic beverage promotion after 3:00 p. »r_
18. 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 or sale of
drinks is prohibited.
19. The 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.
20. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the
licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
21. 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.
22. There shall be no on -site radio, television: video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time which include the
service of alcoholic beverages, without first obtaining an approved Special Eve, ts Permit
issued by the City of Newport Beach,
23. The use of private (enclosed) "VIP" roams or any other temporary permanent enclosures
separate from public areas are prohibited.
24. When oflehng live entertainment, all doors and windows shall remain closed except for
the normal ingresslegress doors. The doors and windows from the primary dining roorn
to the outdoor dining room shall be closed at all times during the hours of live
entertainment other than for server access.
25. Live entertainment shall be permitted only within the confines of the main building. No
outside paging system shall be utilized in conjunction with this establishment. No
TMPI', C411411 �Y
Planning COrnivission Resolution No. 1818
amplified music or entertainment is permitted in the outdoor dining area, sidewalk, or
adjacent areas. No outside paging system, loudspeaker or other noise generating
device shall be utilized in conjunction with this outdoor dining area No music will be
biped into any sidewalk or adjacent areas.
26. All noise generated by the proposed use shall comply vm h the provisions of Chapter
0,2t` anc, othe,4 ap p i c Ne r1cde (,Critic! rc qu ,nne 7 ui tilt; Ne J,po't 3 each nFCr al
he rna ii, iurn nois: sh,,fll Y?G 1A " {11tC: to no rnrji. than r1r.;'p lcted bclo'vv lei ti
current Zoning Code for the specified tirre periods unless the ambient noise level is
higher:
27. All proposed signs shall be In conformance with the provisions of Chapter 20.67 of the
Newport Beach Municipal Code or an approved Comprehensive Sign Program for the
project site.
28. The landscape plan for the restaurant site shall be subject to the review and approval
of the Parks, Beaches, and Recreation Department the Public Works Department,
and the Planning Department. [COA UP3095]
29. Landscaping shall be regularly maintained free of weeds and debris. All vegetation
shall be regularly trimmed and kept in healthy condition, [COA UP3095]
30. Final design of the project shall provide for adequate security lighting in public areas
and the off -site parking areas. JCOA UP3095]
31. The project fighting system shall be designed and maintained in such a manner so as
to conceal the light source and to minimize light spillage and glare to the adjacent
area. The plans shall be prepared and signed by a licensed electrical engineer, with a
letter form the engineer stating that, in his opinion, this requirement has been met
(COA UP3095]
31 All trash areas, mechanical equipment, vents, and other service equipment shall be
shielded or screened by architectural design from public streets and adjoining
properties. [COA UP3095]
33. 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 frorn 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.
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27. All proposed signs shall be In conformance with the provisions of Chapter 20.67 of the
Newport Beach Municipal Code or an approved Comprehensive Sign Program for the
project site.
28. The landscape plan for the restaurant site shall be subject to the review and approval
of the Parks, Beaches, and Recreation Department the Public Works Department,
and the Planning Department. [COA UP3095]
29. Landscaping shall be regularly maintained free of weeds and debris. All vegetation
shall be regularly trimmed and kept in healthy condition, [COA UP3095]
30. Final design of the project shall provide for adequate security lighting in public areas
and the off -site parking areas. JCOA UP3095]
31. The project fighting system shall be designed and maintained in such a manner so as
to conceal the light source and to minimize light spillage and glare to the adjacent
area. The plans shall be prepared and signed by a licensed electrical engineer, with a
letter form the engineer stating that, in his opinion, this requirement has been met
(COA UP3095]
31 All trash areas, mechanical equipment, vents, and other service equipment shall be
shielded or screened by architectural design from public streets and adjoining
properties. [COA UP3095]
33. 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 frorn 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.
7ITIPI! 04,'14;10
Planning Cot-ninission Resolution No, 1818
Pace 8 of 12
34 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 fight-of-
way.
35. The exterior of the business shall be maintained free of litter and graffiti at 211 times. The
owner, or operator shall provide fo r daify ren''oval o'; trash, litter debris and cmaffifi frorn the
p.,-errdses ands' on L"'I abi fliing Mjthir 'K -e =t of the pvennIS41'-' S.
36. 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 clurripsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Department. Cleaning and maintenance of trash clumpsters shall be done in
compliance with the provisions of Title 14, including all future amendments (including
VVater Quality related requirements).
37. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p-m. and 7:00 a.m., daily, unless otherwise approved by the Planning Director,
and may require an amendment to this Use Permit.
38. 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.
39. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
40. Use Permit No. UP2010-0015 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91,050 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
41. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval,
42. 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.
43 This Use Pert-nit may be modified or revoked by the City Council or 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.
44. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit,
45. 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.
Planning Commission Resolution No, 1818._
46. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions_
47. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City. its Citv Council, its boards and cornrnis,ions, officials, officers, ernployees,
and agents from and against any and all darns, dermandS obiigations, damages,
aCions, Causer cd ;Ctio" suits. losses, iudc
gmemts, f c,.. penalties, liabilities, costs 23?c1
expenses (including without (imitation, attorney's fees, disbursements arid court costs) of
every kind and nature whatsoever which may arise frorn or in any manner relate (directly
or indirectly) to City's approval of the Ching Palace Use Permit for Live Entertainment
including, but not limited to, Use Permit No. UP2010 -015 (P/42010 -082). This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attomeys' fees, and other expenses incurred in connection with such
ciairn, action: causes of action, suit or procceding 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 Conditions
48. That all access to the building be approved by the Fire Department. [COA UP3095]
49. That all on -site fire protections (hydrants and Fire Department connections) shall be
approved by the Fire and Public Works Department. [COA UP3095]
50. That prior to the issuance of building permits, the Fire Department shall review the
proposed plans and may require automatic fire sprinkler protection. (COA UP30951
51. The landscape plan shall place heavy emphasis on fire- retardant vegetation. [COA
UP3095]
Building Department Conditions
52, Strict adherence to maximum occupancy limits is required A building permit is required
to allow the change in occupancy. Plan Check No. 0345 -2010 for tenant improvements
to the subject property shall be revised to reflect the new calculated occupant load to
accommodate live entertainment The plans shad/ calculate the occupant load,
including all occupied areas, patio, and dance floor based on the CB Chapter 4, The
plans shall verify that the existing number of plumbing fixtures complies with Table
CBC 4 -1 (Restaurants}. All plans and work must comply with the California Building
Code,
53. The applicant is required to obtain all applicable permits frorn the City Building and Fire
Departments. The construction plans must comply with the most recent, City - adopted
version of the California Building Code.
54. ,approval from the Orange County Health Department is required prior to the issuance of
a building permit.
TmM lr. OQ11 OJT
Planning Commission Resolution No. 1818
55. The construction plans must meet all applicable State Disabilities Access requirements.
Handicapped parking shall be provided in a manner and quantity approved by the City
Traffic Engmeer_ The handicapped parking shall be available for self - parking. [COA
UP3095]
56. .-ctgl!t ljf; dt{sr :`ittiSSlG(75 1 ��r(r.'y7 'i�a7.41i11i`Jr: u!i'£r G'.,!rISt12r :t10 ;; 5 ?k2il `i,.. rr,�r,177)'2;, i., il'y'
water ng if; e site for dust control, i "c?7I911 t! ?g excavated SGtI on-site t,: lrtrtt( ft is ft fled
away, and periodically washing adjacent streets to remove accumulated materials.
ICOA UP3095]
vi. k washout area for the r'estaararit trash containers shalt be provided u-, such a way as
to assure direct drainage into the sewer system and not into the Bay or the storm
drains. [COA OP3095j
58. Grease interceptors shall be installed on all fixtures in the restaurant facilities where
grease ntay be introduced into the drainage systems in accordance with the provision
of the Uniform Plumbing Code. [COA UP3095]
59. Kitchen exhaust fans shall be designed to control odors and smoke. [COA UP3095]
60. Final design of the project shall provide for the incorporation of water - saving devices
for project lavatories and other water -using facilities. [COA UP30951
Public Works Conditions
61. A minimum of one parking space per 50 square feet of "net public area' shall be
provided for the restaurant use from 11:00 a.m. until 6:00 p.m. and that a maximum of
13 of the required restaurant parking spaces may be located in the Mariners Mile
Municipal parking lot. [COA UP3095]
62. A total of 26 parking spaces shalt be provided on -site for the full - service eating and
drinking establishment during operating hours from 6.'00 p.m. to closing.
63. A total of 30 parking spaces shall be provided in the off -site parking lot located at 2750
West Coast Highway or at C'est Si Bon Bakery at 149 Riverside Avenue, #B from 6:00
p.m, to closing. Should the bank or C'est Si Bon Bakery at 149 Riverside Avenue, t#B
extend its hours of operation beyond 6:00 p.m. or the property owner of 2750 West Coast
Highway and at C'est Si Bon Bankery at 149 Riverside Avenue, #B terminate the parking
offered to 2800 West Coast Highway, the live entertainment at the subject property shalt
be invalidated unless adequate off-street parking can be obtained fro the subject
property.
64. As a condition precedent to the Applicant conducting operations under Use Permit No.
UP2010- 015(PA2010 -082), the Applicant shall obtain fire Planning Director's approval
of a written agreement between the Applicant (as lessee) and the owner of the
property located at 2750 West Coast Highway (as lessor) providing parking for thirty
(30) cars. If at any time the bank, located at 2750 West Coast Highway, extends its
hours of operation beyond 6:00 p.m., or if Applicant's possession of the parking lot is
terminated, or if the agreement is terminated for any reason, then the live
entertainment rights of the Applicant to operate under the above- referenced Use
Tmp!t: 0411 4i U
1/�
Planning Commission Resolution No. 1818
-- - -_ Page 1 gf j 2
Permit shall immediately terminate until replacement off-site parking, acceptable to the
Planning Director, is obtained fnr the subject property.
65. Valet parking is not permitted at 2750 West Coast Highlivay. If valet parking is
proposed at the off site parking location. the applicant shall submit a new valet
Dpeialtior, plan.
+C>. So, i on -rpjci t of �";tiv; soar. s >i+ail .J6- perrPateed 'Wi lift ?e on SiL7 ' parking a n-;)a /"COA
UP3095j
v; Valet parking shall be required ot) -site during operating hours from 11:00 a.tn. to :00
p.m. as long as the tandem confgurab'ori cd panting (parallel parking in the drive aisle)
remains on -site.
`11Y ; he a;et operation shall not impact the ,Dubuc right- ofavay. Vehicle staging, drop of`
and pick -up shall occur on -site only and the valet pick -up and delivery station shall not
be located in the public - right -of -way. (COA UP3095]
69. The valet parking service shall not preclude the use of a portion of the independently
accessible spaces by patrons wishing to park their own car, The self -park spaces shalt
be clearly designated. [COA UP3095]
70. The applicant shall discourage patrons from crossing Riverside Avenue at mid -block
locations and direct patrons to use to utilize nearby crosswalks.
71. That the on -site parking, vehicular circulation and pedestrian circulation be subject to
further review by the City Traffic Engineer, and that no parking be allowed on the
entrance drive within 16 feet of the property line. (COA UP3095]
72. That all improvements be constructed as required by ordinance and the Public Works
Department,
3. That 13 parking permits shall be purchased from the City on an annual basis. Said
parking permits shall be distributed to the employees of the restaurant for their use in
parking in the municipal lot. [COA UP3095]
74. That employees of the restaurant shall be required to park in the municipal parking lot,
(COA UP30951
75. The signage for take -out parking in the ADA access pathway shall be removed
76. That the intersection of streets and drives be designed to provide site distance for a
speed of 35 miles per hour. Landscaping, walls and other obstructions shall be
considered in the sight distance requirements. Landscaping within the sight distance
line shall not exceed twenty -four inches in height. The sight distance requirement may
be approximately modified at non - critical locations, subject to the approval of the
Traffic Engineer. [GOA UP3095]
77. That the applicant's leasehold interest to a 19 -foot by 19 -foot -45 degree corner cutoff
at the northwesterly corner of Riverside Avenue and West Coast Highway and to 18
feet of right -of -way be dedicated to the public for street and highway purposes along
Tmpl#: 04/14110
9's'
PlanningCornmission Resolution No, 1818--,
Paq of i 2
the West coast Highway frontage, arid that the building be relocated towards the
westerly side property line so as to provide for the required corner cutoft. (CO A
UP3095]
78. That prior to obtaining building permits, the Applicant shall agree he will not request
aq` ustinents to renta.' fees based m, the City's acquisition of the 18-foot wide strip end
coroof Cutoff. reducing t6e size Of the pa)cel /COA
70, That the future street area be landscaped and maintained bY the Applicant unlil such,
throe as it is needed for street purposes. [COA UP3095]
80. That all vehiuulai access rights to Wesf Coast Highlova - v be released and r&linquisl�e('-'
to the City of Newpod Beach prior to issuance of any .building permits. [COA UP30951
8t fhat street and Wility impro,Tvn,_Pots be shown or), stpodard in-iprovet-nont! plans
prepared by a licensed civil engineer. [COA UP3095]
81 That the Applicant acknowledges and agrees that the proposed development will not
increase the need for on-street parking along West coast Highway and therefore, tile
Applicant agrees not to claim any economic loss for the removal of pal-king for the
restrijoing or widening of West Coast Highway on the grounds of loss of on- street
parking, [C(DA UP3095]
Tn*t: Q014,1101
15�
Attachment No. CC 5
Police Department Recommendation
City of Newport Beach
Police Department
Memorandum
June 29. 2010
TO: Makana Nova, Assistant Planner
FROM: Detective Bryan Moore
SUBJECT: China Palace Live Entertainment and Dancing Use Permit,
UP2010 -015 (PA2010 -082).
At your request, the Police Department has reviewed the project application for
China Palace, located at 2800 West Coast Highway, Newport Beach. The
applicant requests a use permit to allow live entertainment and dancing with off-
site parking at an existing full - service eating and drinking establishment. The
proposed dance floor is a 200 square foot area located within the existing 2,089
square foot net public area.
The applicant currently has a Type 47 (General — Eating Place) license with the
Department of Alcoholic Beverage Control.
have included a report by Crime Analyst Paul Salenko that provides detailed
statistical information related to calls for service in and around the applicant's
place of business. This report indicates that this location is not within an area
where the number of crimes is at least 75% higher than the average of all
reporting districts in the City as outlined in the City Council "K -7" policy.
Additionally, this location is within an RD that is over the Orange County per
capita of ABC licenses.
Applicant History
China Palace was founded in 1980 by the applicant, Jack (Yu -Ter) Mau. The
original restaurant was located at 2930 West Coast Highway. In the summer of
1985, however, China Palace relocated to its current address of 2800 West
Coast Highway.
Since that time, China Palace has been known as a local favorite restaurant with
a reputation for serving high quality Asian Cuisine.
There have been very few notable incidents with respect to police related activity.
9
China Palace
UP2010 -015
It should be noted, however, that on July 26, 2009 China Palace was observed
(by a NBPD Sergeant) to be the host of a private party which consisted of live
music and approximately 500 people. It was later determined that a violation of
the City Use Permit occurred.
The applicant (owner /operator) was subsequently advised of the violation by
Newport Code and Water Quality Enforcement and submitted an application to
amend the Use Permit. To date, the Police Department is unaware of any
additional violations.
In December of 2009, the Planning director approved a request by the applicant
to remodel the restaurant's floor plan. The intent of the remodel was to improve
customer dining by constructing a combination block wall and glass fence located
on the street side property line.
Police Activities and Calls for Service Data
The below information represents the time period between July 1, 2009 through
July 1, 2010:
TYPF CALLS /INCIDENTS NOTES
Fights /Disturbance Calls
1
Suicidal Threats
Miscellaneous Calls
3
Vehicle Stop, keep the peace, alarms, etc.
Alcohol Related Arrests
0
(0) DUI and (0) public intoxication
Use Permit Violations
1
Live Entertainment w/o permit
Recommendations
The Police Department has some significant concerns about the proposed
addition of live entertainment and dancing. Although the applicant may have the
best intentions, we know based on our local history that the combination of live
entertainment and dancing often lead to a nightclub type business model;
especially after 10 p.m. Even with stringent conditions in place it has been our
experience (with past and present establishments) that these types of operations
can become a drain on police resources and ultimately have a negative impact
on the health, safety and welfare of the community.
It is for the above reasons that we are projecting that the applicant's proposal will
result in an increase in police related activities and calls for police services. The
resources required to address these events would detract from our ability to
provide police services to the other areas of the community and therefore, we
cannot recommend this application (as submitted) for approval.
The Police Department would not, however, be opposed to the applicant
providing live entertainment (only) with certain restrictions (i.e. type of
entertainment, hours, etc).
2
NO
China Palace
UP2010 -015
It is reasonable to believe that this could serve to enhance the dining experience
for the patrons without creating an unnecessary burden on police services.
Should this application be approved, the Police Department recommends the
following conditions:
Signs and Displays
Any signs or displays would need to conform to City requirements. 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.
Hours of Operation
There are currently no restrictions on the hours of operation for this location.
Security
Should this application be approved (as submitted), the applicant shall provide
licensed security personnel while offering live entertainment. A comprehensive
security plan for the permitted uses shall be submitted for review and approval by
the Newport Beach Police Department.
The procedures included in the plan and any recommendations made by the
Police Department shall be implemented and adhered to for the life of the use
permit.
Employee Training
Require all owners, managers, and employees selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible
methods and skills for serving and selling alcoholic beverages.
Additional Comments
For the purposes of this application, staff may also want to consider establishing
conditions that would require a special event permit. A special event permit may
be required for any event or promotional activity outside the normal operational
characteristics of the proposed operation. For example, events likely to attract
large crowds, events for which an admission fee is charged, events that include
any form of contract promoters, or any other activities as specified in the Newport
Beach Municipal Code to require such permits.
3.
China Palace
UP2010 -015
Other Recommended Conditions
In addition, the Police Department has determined that the following conditions
would be appropriate for the Conditional Use Permit for the business:
1. Approval does not permit China Palace to operate as a bar, tavern,
cocktail lounge or nightclub as defined by the Municipal Code, unless the
Planning Commission first approves a use permit.
1. Food service from the regular menu must be available to patrons up to
thirty (30) minutes before the scheduled closing time.
2. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
3. No "happy hour' type of reduced price alcoholic beverage promotion shall
be allowed except when offered in conjunction with food ordered from the
full service menu. There shall be no reduced price alcoholic beverage
promotion after 9 p.m.
4. 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 or sale of drinks is prohibited.
5. 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.
6. The quarterly gross sales of alcoholic beverages shall not exceed the
gross sales of food during the same period. The licensee shall at all times
maintain records, which reflect separately the gross sales of food and the
gross sales of alcoholic beverages of the licensed business. These
records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Police Department on demand.
7. There shall be no on -site radio, television, video, film or other electronic
media broadcasts, including recordings to be broadcasted at a later time,
which include the service of alcoholic beverages, without first obtaining an
approved special event permit issued by the City of Newport Beach.
8. There shall be no live entertainment allowed on the premises without first
obtaining a permit from the City.
9. There shall be no dancing allowed on the premises without first obtaining
a permit from the City.
4 Sl
China Palace
UP2010 -015
10. Strict adherence to maximum occupancy limits is required.
11.The use of private (enclosed) "VIP" rooms or any other temporary or
permanent enclosures separate from public areas are prohibited.
12.When offering entertainment, all doors and windows shall remain closed
except for the normal ingress /egress doors.
13.Amplified live music or entertainment shall be permitted only within the
confines of the main building. No music will be piped into any sidewalk or
adjacent areas.
If you have any questions, please contact Detective Bryan Moore at (949) 644-
3725.
Bryan Moore, ABC Liaison
Detective Division
Craig Fox, Captain
Detective Division Commander
5
City of Newport Beacn
Police Department
Memorandum
June 16, 2010
TO: Makana Nova, Assistant Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the China Palace at 2800
West Coast Hwy. This area encompasses our reporting district (RD) number 25 as well as
part of Census Tract 634. This report reflects City of Newport Beach crime data for calendar
year 2009, which is the most current data available.
Calls for Service Information
City wide there were approximately 69,294 calls for police services during this time, of which
3,049 were in RD25. A "call for service" is, any contact of the police department by a citizen
which results in the dispatching of a unit or causes the contacted employee to take some sort
of action, such as criminal investigations, alarm responses, traffic accidents, parking
problems, and animal control calls, etc.
Crime Information
There were 6,194 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,884 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
3,350 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,297.31 per 100,000 people. The national Part One crime rate was 3,667.02* per
100,000 people.
Crimes
RD 25
Newport Beach
California*
National*
Part 1
113
2,884
1,265,920
11,149,927
Part 2
88
3,350
N/A
N/A
Part 1Crime Rate
3,868.87
3,297.31
3,444.06
3,667.02
The number of active ABC licenses in this RD is 21 **
Per capita ratio 1 license for every 139 residents.
This reporting district had a total of 248 reported crimes as compared to a City wide
reporting district average of 162 reported crimes. This reporting district is 86 crimes more or
53.09% above the City wide reporting district average. This location is within an RD that is
over the Orange County per capita average of ABC licenses * *.
0
Arrest Information
There were 27 DUI arrests and 20 Plain Drunk arrest in this area during this same period as
compared to 1,270 for the entire city. This RD amounts to 3.7% of the DUI /Drunk arrests
made in the entire City. According to a recent national study by the Department of Justice,
more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time
of their arrest.
Arrests RD 25 Newport Beach
(DUI /Drunk) 47 1,270
Total Arrests 113 3,595
California* National*
336,008 2,094,465
1,547,811 14,005,615
Additional Information
The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 24 and RD 16
Crimes
RD 24
RD 16
Part 1
155
167
Part 2
120
107
Crime Rate
3,096.60
6,003.49
Arrests (DUI/Drunk)
79
110
Total Arrests
220
323
Calls For Service
3,898
3,261
Number of active ABC licenses
9 **
6 **
Per capita ratiol license for every
556* residents
464* residents.
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 86,252.
*These numbers are from the 2008 Uniform Crime Reports, which is the most recent edition.
* *The number of active ABC licenses is the total of all types of licenses known to the police
department as of the date of this document. As of May 1, 2003 the Orange County average of
active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a
population of 2,846,289)
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
W,
Attachment No. CC 6
Planning Commission Staff Report
7-v„
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 5, 2010 Meeting
Agenda Item 7
SUBJECT: China Palace Use Permit - (PA2010 -082)
2800 W Coast Highway
Use Permit No. UP2010 -015
APPLICANT: Yu -Ter Mao
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
PROJECT SUMMARY
The application is for a use permit to allow live entertainment and dancing within an
existing full - service eating and drinking establishment with on -sale alcohol service.
Required off - street parking for the project will be provided at an off -site parking lot
located at 2750 West Coast Highway.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ approving Use Permit No. UP2010 -015 subject to the
findings and conditions (Attachment No. PC 1).
China Palace Use Permit
August 5, 2010
LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON -SITE
Mixed -Use Horizontal 1
Mariner's Mile Specific
Eating and Drinking
MU -H1
Plan SP -5, RSC
Establishment
NORTHWEST
Mixed -Use Horizontal 1
Mariners Mile Specific
Vehicle Rental Facilities
MU -H1
Plan SP -5, RSC
SOUTHEAST
Mixed -Use Horizontal 1
Mariners Mile Specific
Bank
MU -H1
Plan SP -5, RMC
NORTHEAST
Mixed -Use Horizontal 1
Mariners Mile Specific
Retail Tenants
MU -H1
Plan SP -5, RSC
SOUTHWEST
Mixed -Use Water
Mariner's Mile Specific
Eating and Drinking
Related 1 (MU -W1)
Plan (SP -5, RSC)
Establishments and Newport
Bay
I
China Palace Use Permit
August 5, 2010
Page 3
INTRODUCTION
Project Setting
The project site at 2800 West Coast Highway is located in the Retail and Service
Commercial (RSC) Sub -Area of the Mariner's Mile Specific Plan (SP -5) Zoning District.
The project site is located at the northwest corner of West Coast Highway and Riverside
Avenue. The subject property is 16,789 square feet (approximately 0.39 acres) in area
and has an 18- foot -wide right -of -way dedication to the City of Newport Beach along
West Coast Highway. The project site is relatively flat and rectangular in shape,
adjacent to retail tenants and vehicle rental facilities and bounded by a bank building
across Riverside Avenue, and by eating and drinking establishments across West Coast
Highway. The existing development consists of a 5,347 square -foot eating and drinking
establishment and surface parking lot with 30 parking spaces, four of which are tandem
valet spaces located in the drive aisle.
The off -site parking lot, located at 2750 West Coast Highway, is 18,900 square feet
(approximately 0.43 a cres) in area and is located on the southeast corner of the
intersection of West Coast Highway and Riverside Avenue. The off -site parking location
is currently developed with a bank building with a drive -thru teller and 30 off - street
parking spaces.
Project Description
The applicant requests a new use permit to allow live entertainment and dancing from
6:00 p.m. to 2:00 a.m., daily, within an existing full - service eating and drinking
establishment that has a Type 47 (On Sale General- Eating Place) Alcoholic Beverage
Control license. The proposed dance floor is 200 square feet in area and is located
within the existing 2,129- square -foot net public area. The application also includes a
Parking Management Program for 30 off - street parking spaces, which will be provided
at an off -site lot located at 2750 West Coast Highway.
Back-ground
The applicant entered into a lease with the property owner of the project site in 1983 to
construct the existing eating and drinking establishment, China Palace. Two
discretionary applications were approved for the project site: Use Permit No. UP3095 to
allow the establishment of an eating and drinking establishment with on -sale alcoholic
beverages and Variance No. VA1112 to waive 13 of the required parking spaces, which
are provided in the Avon Street Municipal Lot at 200 Tustin Avenue. The applicant is
required to pay an annual fee under the in -lieu parking ordinance in exchange for the
use of these parking spaces, which are intended for use by employees of the eating and
drinking establishment. The practice of in -lieu parking has been suspended through for
all new uses Citywide.
China Palace Use Permit
August 5, 2010
Page 4
In January of 2010, the applicant requested Modification Permit No. MD2009 -029 and
Accessory Outdoor Dining Permit No. OD2009 -003 (PA2009 -113) to allow the
construction of a combination block wall and glass screen -wall necessary to permit a new
outdoor dining area. The outdoor dining area encroaches 14 feet into the 18- foot -wide
right -of -way dedication area along West Coast Highway. The project is conditioned for
the removal of this outdoor dining patio should the City choose to widen West Coast
Highway in the future. This application was approved and construction of the outdoor
dining area is currently underway.
DISCUSSION
Analysis
Hours of Operation
The applicant has requested to maintain the current hours of operation from 11:30 a.m.
to 2:00 a.m. Use Permit No. UP3095 does not specify hours of operation for the
establishment. However, the 2:00 a.m. closing hour is currently regulated by the
Department of Alcoholic Beverage Control (ABC).
In accordance with the Alcoholic Beverage Ordinance, the Police Department has
reviewed the Use Permit application and has significant concerns with live
entertainment and dancing as proposed at the establishment, which currently serves
alcoholic beverages. However, the Police Department is not opposed to live
entertainment with restrictions on the type of entertainment and hours of operation. The
Police Department recommends against allowing dancing under any circumstances as
dancing together with live entertainment are consistent with a nightclub business model
and would create a burden on police services.
Staff is recommending that the Planning Commission limit the hours of operation for the
establishment from 11:30 a.m. to 12:00 midnight to reduce the burden on police
services and ensure that the establishment remains a restaurant and does not convert
to a nightclub. The Police Department is recommending limiting live entertainment to a
maximum of five performers and no amplified music or entertainment. Planning staff is
of the opinion that the conditions prohibiting dancing, restricting the type of
entertainment, and limiting the hours of operation are sufficient to ensure that the
establishment does not become a nightclub.
In addition, the Police Department has recommended conditions of approval that
include a requirement for a security plan, licensed security personnel when live
entertainment is provided, and employee training in the service of alcoholic beverages.
These conditions have been incorporated into the draft resolution (Attachment PC 1).
Parking for the increased intensity of the establishment is only provided after 6:00 p.m.
Therefore, staff is recommending that the hours of operation for live entertainment and
dancing be limited from 6:00 p.m. to 12:00 midnight.
China Palace Use Permit
August 5, 2010
Page 5
Live Entertainment and Dancing
The project plans show that the live entertainment area occupies 200 square feet of
floor area (Attachment No. PC 2). An amendment to the approved use permit would be
required for an increase in size beyond 200 square feet.
Per Section 5.28.020 of the Municipal Code, no person or entity shall operate, or
engage in, any business or commercial enterprise which provides entertainment in a
restaurant, cafe, night club, bar, coffee house, or other place of entertainment, unless
such person has first obtained a Live Entertainment Permit. The project has been
conditioned to require the applicant obtain a Live Entertainment Permit prior to the
issuance of building permits for the occupancy change of the establishment.
Parking
The current parking requirement for China Palace is one parking space per 50 square
feet of net public area. China Palace has a net public area of 2,129 square feet, which
results in a parking demand of 43 off - street parking spaces. The existing Variance and
Use Permit waived 13 on -site parking spaces (provided in the municipal parking lot on
Avon Street) and 30 parking spaces are provided on -site.
Four of the 30 parking spaces provided on -site were approved with valet service, which
is not currently utilized. The applicant will be required to provide valet parking on -site in
compliance with the conditions of approval for Use Permit No. UP3095. The Public
Works Department is recommending the provision of valet parking on -site to ensure that
adequate access to all of the parking spaces is maintained for patrons of the eating and
drinking establishment.
The addition of live entertainment will result in an increased parking demand. Staff
recommends a revised parking requirement of one parking space per 35 square feet of
net public area when live entertainment is provided to accommodate the use. Under the
proposed project, the net floor area of the eating and drinking establishment will remain
the same; therefore, the increased parking ratio would result in a parking requirement of
61 off - street parking spaces.
The proposed off -site parking will provide 30 parking spaces in the parking lot located at
2750 West Coast Highway after 6:00 p.m., daily. Therefore, a total of 73 parking spaces
(including the 13 municipal spaces for employees) will be provided for the establishment
after 6:00 p.m. The parking demand based on the new uses for the subject property will
result in an overall surplus of 12 parking spaces. Because the required parking can be
provided after 6:00 p.m. without the four tandem valet parking spaces, valet parking
spaces will not be required after this time.
6_�
China Palace Use Permit
August 5, 2010
Page 6
Parking Management Program
Due to the additional parking demand for the project site, a Parking Management
Program is required to address the use of the off -site parking lot for 30 off -site parking
spaces provided at 2750 West Coast Highway. The Parking Management Program
outlines the parking requirements as discussed above and is provided as Attachment
No. PC 3.
General Plan /CLOP
The Land Use Element of the General Plan and the Coastal Land Use Plan (CLUP)
designate the site and the adjacent properties as Mixed Use Horizontal (MU -H1 and
MU -H, respectively). Both the Land Use Element and CLUP call for parcels on the
inland side of Coast Highway, generally between Riverside Avenue and the southerly
projection of Irvine Avenue, to evolve as a pedestrian- oriented mixed -use "village"
containing retail businesses, offices, services, and housing. Those inland properties
directly fronting onto Coast Highway are to be developed with highway- oriented general
commercial uses.
The existing eating and drinking establishment is located in a commercially designated
area and is consistent with the land uses intended for properties fronting West Coast
Highway within the Mariner's Mile corridor: Due to the potential addition of residential
units in the vicinity of the project site, staff is recommending conditions to regulate
parking, trash, and site maintenance, and to limit the hours of operation so that the
establishment closes 12:00 midnight.
Both the General Plan and the CLUP set a development intensity limit of 0.5 floor area
to land area ratio (FAR) for non - residential development. The total square footage of
5,347 gross square feet for the project site results in an FAR of 0.32. The proposed
project complies with the maximum FAR permitted by the General Plan and the
proportional FAR designated for commercial uses.
According to the California Coastal Act, a coastal development permit is required when
any improvement to a structure changes the intensity of use of the structure. The
condition of approval provided in the draft resolution (Attachment PC 1) requires the
applicant to obtain a letter from the Coastal Commission waiving the requirement for a
coastal development permit or alternatively, obtain a coastal development permit prior
to the issuance of building permits.
Required Findings
Section 20.91.035(A) of the Zoning Code (Required Findings) requires certain findings
to be made in order to approve a use permit. The required findings and facts in support
of the findings are in the attached draft resolution (Attachment PC 1).
China Palace Use Permit
August 5, 2010
Summary Page 7
Staff recommends Planning Commission adopt the draft resolution recommending City
Council adoption of Use Permit No. UP2010 -015 (PA2010 -082) approving live
entertainment and denying the applicant's request for dancing at the subject property
subject to the conditions of approval (Attachment PC 1).
Alternatives
The Planning Commission may approve the draft resolution and recommend City
Council approval of the proposed project as requested, approve a revised project,
continue the item, or deny the application. Should the Planning Commission choose to
approve a revised project, staff will return with a revised resolution incorporating new
findings and /or conditions.
Environmental Review
The project is categorically exempt under Section 3, of the California Environmental
Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small
Structures). The project consists of minimal change to the physical characteristics of the
existing structure. The conversion of the eating and drinking establishment to allow for
the addition of live entertainment includes only minor interior modifications to the
existing structure for the installation of a new dance floor.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by:
Ma na N va, Assistant Planner
ATTACHMENTS
Submitted by:
F:\Users \PLN\Shared \PA's \PAs - 2010 \PA2010- 0821UP2010 -015 PC Rpt.doc
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m
Attachment No. CC 7
Letters from Two Adjacent Businesses
Mariner's Office
2750 West Coast Highway
Newport Beach, CA 92663
To Whom It May Concern:
This letter will serve as authorization for Jack Mau, owner of China Palace, to use the
Wells Fargo Bank parking lot during `off hours that the bank is not open.
Mr. Mau and his customers may park in the Wells Fargo Bank parking lot after 6pm
Monday through Sunday without recourse. Any vehicles left overnight are subject to
being towed.
Please feel free to contact me if you have any questions regarding the Wells Fargo Bank
parking lot or this agreement between Wells Fargo Bank & Mr. Jack Mau
Sincerely,
Trevor D. Durham
Manager, AVP
Mariners Branch
PA2010 -082 for UP2010 -015
2800 W Coast Highway
China Palace
6 �
C'est Si Bon Bakery
149 Riverside Ave., Ste. B
Newport Beach, Ca. 92663
Phone (949) 645 -0447
To: Newport Beach Planning Dept. and City Manager
As the owner of C'est Si Bon Bakery, I will permit China Palace the use of my allotted
parking spaces of Mariner's Center after 6:00 pm(our closing time) for any overflow that
might occur. My portion of the square footage of the center is 22 %.
Signed: �t Dated: t 4 20 tC)
Paul Kohne
CEO, Cest Si Bon Bakery
PA2010 -082 for UP2010 -015
2800 N1 Coast Highway
China Palace
d
Attachment No. CC 8
Project Plans
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PROPOSED LANOSERGIG IN. GE
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ARTWORK TO COXPLYWITH NE1 CALIFORNIA BUILDING CODES
am TITLE m ANY CALIFORNIA ENERGY EFFICIENCY STANDARDS
2. AR" MUM OCCUPANT SHALL BE POSTER IN EACH DINING
6 WAITING AREA PER DEC I WA3
3. OCCUPANT LOAD PER TABLE 1004. 1.1
NET PUBLIC AREA(INTERIOR DINING AREA WITHNON FIXED SEATING) ORS F.i IS AO
LATIN AREA (AOUTOOORDINING AREA'NITH POI SOUND) 6195F./IS 42
ALUMNI READ OBER 1000 5
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TOTAL OCCUPANT LOAD. 191
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P6.20i0 -Q i. for UP2010 -015
2800 W CLr:;t Highway
China Pule,
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Bryant Palmer Soto Inc
525,10
China Palace Patio
China Palace Restaurant
2800 W Pacific Coast Hwy.
Newport Beach
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Ned Stanton Palmer ARCHITECTS I Jack K. Bryant ENGINEERS
2601 Aitpad Enve, Suite 310, Tonance, CA 90505
Telephone. (310) 326-9111
F. (310)325 271
5 -25 -10
China Palace
Net Public Area &
Furniture Layout Exhibit
/
China Palace Restaurant
2800 W Pacific Coast Hwy.
Newport Beach
PATIO AREA SUMMARY FOR CHINA PALACE RESTAURANT
2,129 S.F. NET PUBLIC AREA PER USE PERMIT NO. 3095
532 S.F. ALLOWED PATIO AREA PER 25% OF ORIGINAL N.P.A. 1Q
+ 87 S.F. (3) x 29 S.F. BOOTH PROJECTIONS REMOVED FROM INTERIOR N.P.A. ❑2
619 S.F. PATIO AREA ALLOWED
1Q NOTE: ACCESSORY OUTDOOR DINING PERMIT: OD 2009 -003
APPROVED 117/2010
�2 NOTE: EXISTING "NET PUBLIC AREA" OF 87 S.F.
(3 — 29 S.F. BOOTH PROJECTIONS)
TRANSFERRED TO THE ALLOWED PATIO AREA
Total Net Public Area: 2,042 S.F.
PROPOSED INTERIOR NET PUBLIC AREA & FURNITURE LAYOUT EXHIBIT
1 of 1
SCALE: 1" = 10' -0"
PA 2009 -113
FOR ILLUSTRATION PURPOSES ONLY
2
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i
Attachment No. CC 9
Parking Management Program
Parking Management Program
2800 West Coast Highway
China Palace
July 21, 2010
The following Parking Management Program for the eating and drinking establishment,
located at 2800 West Coast Highway, is provided per Section 20.66.100 (Modification or
Waiver of Off- Street Parking Requirements) of the Zoning Code. The Parking Management
Program will employ the following management mechanisms to mitigate impacts
associated with a modification of the off - street parking spaces as required by Chapter
20.66 of the Zoning Code:
Off -Site Parking
• 30 off -site parking spaces shall be provided at 2750 West Coast Highway or 149
Riverside Avenue. No more than 10 parking spaces may be available for use by the
establishment at 149 Riverside Avenue. The use of the off -site parking spaces will be
off -set by the businesses which utilize them (the bank at 2750 West Coast Highway,
C'est Si Bon at 149 Riverside Avenue, and the subject establishment, China Palace,
located at 2800 West Coast Highway).
• The property owner of 2750 West Coast Highway may terminate this arrangement
at any time. The establishment's use of these spaces shall no longer be valid if the
tenant at 2750 West Coast Highway expands their operation hours later than 6:00
p. M.
• The property owner of 149 Riverside Avenue may terminate this arrangement at
any time. The establishment's use of a maximum of 10 spaces shall no longer be
valid if the tenant at 149 Riverside Avenue expands their operation hours later than
6:00 p.m.
• The applicant shall provide signage at 2750 West Coast Highway and 149 Riverside
Avenue indicating that overnight parking is not permitted at the off -site parking lot
and vehicles will be subject to tow if left overnight.
Municipal Parking Spaces
• 13 employee parking spaces are waived by Variance No. VA1112 and provided off -
site at the Avon municipal parking lot at 200 Tustin Avenue. The applicant shall pay
in -lieu fees to the City for these spaces on an annual basis.
On -Site Parking and Valet Service
• Valet service is required on -site during operating hours from 11:00 a.m. to 6:00 p.m.
to ensure that all 30 parking spaces provided on -site are accessible for customers of
the eating and drinking establishment. Valet parking is not permitted at the off -site
location.
'�I)
• Valet service shall not impact the public right -of -way. Vehicle staging, drop -off, and
pick -up shall occur on -site only.
• The applicant shall discourage patrons from crossing Riverside Avenue at mid -block
locations and shall direct patrons to utilize nearby crosswalks.
• The applicant shall provide signage on -site indicating the location of additional
parking available at the off -site parking lot.
• The signage for take -out service parking shall be removed from the ADA access
pathway near the entrance to the establishment.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a public hearing will be conducted in the City
Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will
consider the following application
China Palace Use Permit— An appeal of Planning Commission's approval of Use Permit No. UP2010 -015 for the China Palace
Restaurant. The applicant is requesting modifications to the conditions of approval to allow longer hours for live entertainment and
dancing, to allow longer hours for outdoor dining, and a less restrictive parking requirement.
The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class
(New Construction or Conversion of Small Structures).
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, yo:
may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or h
written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be
reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City
of Newport Beach website at www.newportbeachca.gov on the Thursday prior to the hearing. For more information please
call 939 -644 -3204.
For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249
mnova@newl>ortbeachca.gov
Project File No.: PA2010 -082
Zone: SP -5 (Mariner's Mile Speck Plan, Retail and Service
Commercial Sub -Area)
Location: 2800 W Coast Highway
Activity No.: UP2010 -015
General Plan: MU -H1 (Mixed -Use Horizontal 1)
Applicant: China Palace
S411AJ, V 1p,.*�
Leilani own, City le c
City of Newport Beach
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a public hearing
will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport
Beach. The City Council of the City of Newport Beach will consider the following application:
China Palace Use Permit— An appeal of Planning Commission's approval of Use Permit No.
UP2010 -015 for the China Palace Restaurant. The applicant is requesting modifications to the
conditions of approval to allow longer hours for live entertainment and dancing, to allow longer
hours for outdoor dining, and a less restrictive parking requirement.
The project is categorically exempt under Section 15303, of the California Environmental Quality
Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures).
All interested parties may appear and present testimony in regard to this application. If you
challenge this project in court, you may be limited to raising only those issues you or someone
else raised at the City Council meeting (described in this notice) or in written correspondence
delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be
reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach,
California, 92663, or at the City of Newport Beach website at www.newportbeachca.Qov on
the Thursday prior to the hearing. For more information please call 939 - 644 -3204.
For questions regarding details of the project please contact Makana Nova, Assistant Planner, at
(949) 644 -3249, mnova @newportbeachca.gov.
Project File No.: PA2010 -082
Zone: SP -5 (Mariner's Mile Specific Plan, Retail
and Service Commercial Sub -Area)
Location: 2800 W Coast Highway
Activity No.: UP2010 -015
General Plan: MU -H1 (Mixed -Use Horizontal 1)
Applicant: China Palace
r
Leilani Brown, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a public hearing will be conducted in the City
Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will
consider the following application:
China Palace Use Permit - An appeal of Planning Commission's approval of Use Permit No. UP2010 -015 for the China Palace
Restaurant. The applicant is requesting modifications to the conditions of approval to allow longer hours for live entertainment and
dancing, to allow longer hours for outdoor dining, and a less restrictive parking requirement.
The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3
(New Construction or Conversion of Small Structures).
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you
may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in
written correspondence delivered to the City, at or prior to, the review. The agenda, staff report, and documents may be
reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City
of Newport Beach website at www.newportt>eachca.gov on the Thursday prior to the hearing. For more information please
call 939- 644 -3204.
For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249,
mnova@newportbeachca.gov.
Project File No.: PA2010 -082
Zone: SP -5 (Mariner's Mile Specific Plan, Retail and Service
Commercial Sub -Area)
Location: 2800 W Coast Highway
Activity No.: UP2010 -015
General Plan: MU -H1 (Mixed -Use Horizontal 1)
Applicant: China P lace
Leilani Brown, City Clerk
City of Newport Beach
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, September 28, 2010, at 7:00 p.m., a public hearing will be conducted in the City
Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach. The City Council of the City of Newport Beach will
consider the following application:
China Palace Use Permit- An appeal of Planning Commission's approval of Use Permit No. UP2010 -015 for the China Palace
Restaurant. The applicant is requesting modifications to the conditions of approval to allow longer hours for live entertainment and
dancing, to allow longer hours for outdoor dining, and a less restrictive parking requirement.
The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3
(New Construction or Conversion of Small Structures).
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you
may be limited to raising only those issues you or someone else raised at the City Council meeting (described in this notice) or in
written correspondence delivered to the City, at or prior lo, the review. The agenda, staff report, and documents may be
reviewed at the City Clerk's Office (Building B), 3300 Newport Boulevard, Newport Beach, California, 92663, or at the City
of Newport Beach website at www.newportbeachca.00v on the Thursday prior to the hearing. For more information please
Gail 939 -644 -3204.
For questions regarding details of the project please contact Makana Nova, Assistant Planner, at (949) 644 -3249,
mnova@newportbeachca.gov.
Project File No.: PA2010 -082
Zone: SP -5 (Mariner's Mile Speck Plan, Retail and Service
Commercial Sub -Area)
Location: 2800 W Coast Highway
Activity No.: UP2010 -015
General Plan: MU -Ht (Mixed -Use Horizontal 1)
Applicant: China Pal ce
Leilani Fown, City Cerk
City of Newport Beach
Waiter S Seitz
1700 Broadway
Oakland. CA 94612
Walter S Seitz
2800 W Coast Hwy
Newport Beach. CA 92663
Extra Labels Below for Staff Report
Ruthann Independent Special Doezie
Attn Barry & Pat Bolin
606 S Bayfront
Tustin. CA
Extra Labels Below for Staff Report
Mau Yu -Ter (Jack)
2800 W Coast Highway
Newport Beach, CA 92663
Easy Peel LaLels &N i A See Instruction Sheet ® ® AVEW ®5960^' r
Use Avery® TEMPLATE 5960— !Feed Pape► �� for Easy Peel Feature 1
1
049 11009 049 110 17 049 110 19
Wayne Minor Mariners LLC W B Two Properties
PO Box 490 456 Montgomery St #I 7TH 31752 Coast Hwy #200
San Jacinto, CA 92581 San Francisco, CA 94104 Laguna Beach, CA 92651
049 110 21 049 110 27 049 110 30
Robert Brandy ers LL
1 113 Pine Island Ct 456 Mo ery St # 17 ?H Z56 St # 17TH
Las Vegas, NV 89134 San F cisco, A 94104 CA 94104
049 110 3 049 11032 049 121 18
a mor KB490 Newport Beach Waterfront
PO Bo PO 2895 Roy ston PI
San 1 into, CA 92581 San A 92581 Beverly Hills, CA 90210
9 121 2 049 12124 049 122 03
M r ile Co Mariners Mile Co Donna Carpenter
124E I St 424E 16th St 2600 Avon St
Cos CA 92627 Costa Mesa, CA 92627 Newport Beach, CA 92663
049 12204 049 12205 049 122 06
Mariners Village & Investments LLC Earls Partners LLC & Grander Inc Jerry Wynn
2610 Avon St PO Box 19068 11900 W Olympic Blvd #100
Newport Beach, CA 92663 Irvine, CA 92623 Los Angeles, CA 90064
049 12222 049 13007 130 08
Tim Moultrup Ear rs LLC &Grander Inc Ear ls LLC &Grander Inc
21055 Carlos Rd PO Bo 8 PO Bo
Yorba Linda, CA 92887 Irvine, A 92623 Irvin , CA 92623
049 13009 049 130 10 049 130 11
Dicks Dock LLC & Pelican Rusty Larson Group James Parker
209 Avenida Fabricante #200 2717 W Coast Hwy 4695 Macarthur Ct # 1040
San Clemente, CA 92672 Newport Beach, CA 92663 Newport Beach, CA 92660
049 130 14
Newport Beach Waterfront
2895 Royston PI
Beverly Hills, CA 90210
049 15005
Cg Enterprises Group LLC
177 E Reno Ave #G3
Las Vegas, NV 89119
049 130 18
B Jakosky & 1 B Jakosky
PO Box 3977
Palm Desert, CA 92261
049 15027
Pch Restaurant & Marina LLC
2607 W Coast Hwy
Newport Beach, CA 92663
049 1500
1 P er
4695 hur Ct # 1040
New n Be h, CA 92660
Eticluettes faciles 0 peler ♦ Consultez la feuille www.avery.com
Utilisez le gabarit AVERY® 5960"` Sens de chargement d'instruction 1- 800 -GO -AVERY
AFFIDAVIT OF POSTING
On l -z:�, . zu 10. 1 posted the Notice of Public Hearing regarding:
China Palace Use Permit.
Date of Hearing;: September 28, 2010
14s4 cs
From:
Kiff, Dave
Sent:
Tuesday, September 28, 2010 1:39 PM
To:
Nova, Makana; Campbell, James; Curry, Keith; Brown, Leilani
Subject:
FW: China Palace
FYI.
From: AY, Inc. [mailto:cp2800 @yahoo.com]
Sent: Tuesday, September 28, 2010 12:21 PM
To: Kiff, Dave
Subject: RE: China Palace
Dear Mr. Miff,
Yes, Mr. Scott Baugh represents me on this matter and we are seeking continuance for 45 days.
Thank you & best regards,
Jack
China Palace Restaurant
1
Authrnittd to Publish Advcrhsclmnts of all kinds including public mHrc t\ Ir D
Dmrce C
of the Superim ('ourt of (hangc ount). Caldurnia Nu5T3
SepicMxr 29. 1961, and A 2483 3unc 11. 1963 1 l I,._ '
^�0 SEP 29 Ati 9.00
PROOF OF PUBLICATION
STATE OF CALIFORNIA) ^`
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
September 18, 2010
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on September 24, 2010 at
Costa Mesa, California.
Signatur
l CIC.7YS'
NOW011 NKWIN
NOTICE IS HEREBY GIV
EN that on Tuesday.
September td, 2010,
N 7N0 pis-. a public
hearing will be conduct-
ed m the City Council
Chambers (Building A)
at 3300 Newport BOOIe'
raid. Newport Beach.
The City Council o) the
City of Newport Beach
will consider the loadw
mg appbca6on-
OiYt prism Yin raraall
. An appeal of Phnnig
Commvssmrs approval OI
Use Permit No. td'2010-
015 he it* China Palace
Restarvam. The applic rd
is repuestirq modd-rabom
to the condition of W
proval to aloes lorQm
hours No ere entyti-
,We yid bK+ng to al
low longer noun fm out
door doing. yd a less
restrictive pulling re
Oma wn.
The protect a c degyical-
ly e.errpt under SeUion
15303. d the California
Emvaimemal Weary An
(CEQA) Guidelines; Class
3 (New CcOstrucirw Of
Convemon of Small
Structures).
N enaested psrbn may
appear and presem test
momy in regard M this
apphcsrt M1 n you chat.
Wigs ten WIWI In court.
you may be kVVW to
"'M only, those issues
you or someone elm
raped at the city Gonad
mmtaN (de scribed in this
notice) W n Mitten W
respondence daaroiul to
the City. at or prior to,
the renew. The Penh.
04 nrat, and
wwwas way be
viewed at tit CNy
Gw►'a oNm pdOq
n 3300 "ew wtwpe. a
crPwd, 92663, er •
N.wIs ,
a..w widre M seww. ,
4111,106 M de M.F«
polar , do more idormabon please
w 9396"3209
For question regarding
detan of the project
Dlem contact abMaN
Nova. Asystam Ptanrw.
at (949) 644.3249,
ne"i
baled F& Nu PA2010-
Dez
Zeam, "P , ,5 , 1IP(Whe 5
Iae Sk (NUirwi
Idle SgG6c Plan. fkue
and Service Commercial
Sub Ares)
Beaarad Plate NU-HI
Oth'addlse Horironbl I
twellw 2800 W COW
China Papa
Labor- Broi .
bd cny ckrji
Pubilea BeVW
Cash IAssa Dap P-M
SaDtamber 18. 9576
1