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HomeMy WebLinkAbout12 - China Palace Use PermitCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 November 9, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Makana Nova, Assistant Planner 949 - 644 -3249, mnova @city.newport- beach.ca.us 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. 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 draft resolution. BACKGROUND On September 28, 2010, the City Council, at the request of the applicant, continued the appeal hearing to November 9, 2010. A full staff report from the September 28, 2010 hearing is attached (Attachment No. CC 1). No changes in the project application have occurred since this date. PUBLIC NOTICE The September 28, 2010 meeting was noticed pursuant to the Municipal Code. Since this item was continued to a date certain, no additional notice was required. FUNDING AVAILABILITY Not applicable. Prepared by: Makana N va Assistant lanner China Palace Use Permit November 9, 2010 Page 2 Submitted by: Qdmes W Cam bell Acting Planning Director Attachments: CC 1 Staff Report, September 28, 2010 City Council Meeting Attachment No. CC 1 Staff Report, September 28, 2010 City Council Meeting CITY 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(d,)newportbeachca.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. s= VICINITY MAP Project Site Off -Site Lots ��1 114C7_1N:JAa1►� China Palace Use Permit Review September 28, 2010 Page 2 Municipal Lot ZONING �w �Pt a y +rM S ON -SITE Mixed -Use Horizontal 1 Mariner's Mile Specific Eating and Drinking (MU -H1) Plan SP -5, RSC Establishment Mixed -Use Horizontal 1 NORTHWEST Mariner's Mile Specific Vehicle Rental Facilities MU -H1 Plan SP -5, RSC) SOUTHEAST Mixed -Use Horizontal 1 Mariner's Mile Specific Bank MU -H1 Plan SP -5, RMC Mixed -Use Horizontal 1 NORTHEAST Mariner's Mile Specific Retail MU -H1 Plan SP -5, RSC SOUTHWEST Mixed -Use Water Mariner's Mile Specific 11 Eating and Drinking Related 1 (MU -W1) Plan (SP -5. RSC) 11 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. A i China Palace Use Permit Review j 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. Table 1. Available Parkin 6:00 a.m. to 2:00 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. rA 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 sq 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 staffs 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 7TrT1trol . CII161-2 Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the properly 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: JarKes 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 19 Attachment No. CC 1 Appeal Letter 3 /Z 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 13 . Attachment No. CC 2 Draft City Council Resolution '� , �1, 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. 1. 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. FAUsers \PLM3hared1PAsWAs - 2010 \PA2010 -062 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 F:\Users\PLN \SharedlPA's\PAs - 2010 \PA2010 -062 j8 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 Finding: 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. FAUsers\PLN\Shared\PA's \PAs - 2010\PA2010 -062 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, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: CITY CLERK APPROVED AS TO FORM: David R. Hunt, City Attorney For the City of Newport Beach F: SUsersl PLNlSharedlPA's1PAs- 20101PA2010 -062 -0-.o 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. FAUsersIPLN \Shared \PA's \PAs - 2010 \PA2010 -062 _ City Council Resolution No. _ Page 7 of 14 12. Approval does not permit China Palace to operate as a bar, tavem, 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. FAUsers \PLN\ Shared \PA's \PAs — 2010 \PA2010 -062 - City Council Resolution No. _ Page 8 of 14 23. The use of private (enclosed) 'V/P" 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 UP30951 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] F:1Users%PLN \Shared \PA's\PAs - 2010\PA201 M62 Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:00AM Interior Exterior Interior Exterior l Property OMixed 45dBA 55dBA 40dBA 50dBA l Property located within a commercial ro ert 45dBA 60dBA 45dBA 50dBA Property 45dBA 60dBA 45dBA 5OdBA Commercial Property I 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 UP30951 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] F:1Users%PLN \Shared \PA's\PAs - 2010\PA201 M62 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 UP3095] 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 UP30951 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. FA UsersTLN \SharedTA's1PAs- 20MPA2010 -062 - - 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 it 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] FAUsers \PLMShared\PA's1PAs- 2010TA2010 -062 - _ - City Council Resolution No. _ Page 11 of 14 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 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. 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. [COA 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 UP3095] 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 UP30951 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. jCOA UP30951 59. Kitchen exhaust fans shall be designed to control odors and smoke. (COA UP30951 F:\ Users \PLN \Shared \PA's\PAs - 2010 \PA2010 -062 City Council Resolution No. _ Page 12 of 14 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 Cbst 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 shalt 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. F:%Users\PLN\5hared\PA'sTAs - 20101PA2010 -062 �� 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 UP30951 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 comer cutoff at the northwestedy 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 comer 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 F: \UserslPLNNShared \PA's \PAs - 2010 \PA201 0 -062 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 UP3095] 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 UP3095] FAUserslPLN \Shared\PNs1PAs - .2010 \PA2010 -062 Attachment No. CC 3 Planning Commission Minutes 3, NEWPORT BEACH PLANNING COMMISSION MINUTES 08/05/2010 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 a mino hange to the project description in the Study Plan. Cora Newman of Gover ent Solutions, representing the applican nd Gus Defalco, applicant made cc ents and answered questions sed by the Commission. Detective Bryan M e, Newport Beach Police partment made further comments and was available auestions. Public comment was opened. No comments were made. Public comment was closed. Motion made by C missioner Toerge, seconded by Corrihiksioner Unsworth, to adopt olution, as follows; recommend City Council appro of Code AmendmW No. CA2010 -005. Motion,odrried with the followina vote Ay 9s' Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge "Woes: 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. 7 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 e�j 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. Cn Comments were given by the following: Michael Palls, 308 Avenida Carlos 0 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 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 shalt 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 Hiahwav and 149 Riverside Avenue 08/05/2010 Page 7 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 08105/2010 #13 (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, Ameri, and Toerge, Noes: None NEW BUSINESS None STAFF AND COMMISSIONER ITEMS City Council Follow -up — meel 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 Sion 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 ADJOURNM 11:30 p.m. 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 CONJUNCTION WITH A PARKING MANAGEMENT PROGRAM FOR THE PROVISION OF OFF -SITE PARKING LOCATED AT 2754 WEST COAST HIGHWAY (PA2010 -082) T HE PLANNING COMMISSION OF THE CI T Y OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 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 -Lase Horizontal (MU-H). b. A public hearing was held on August 5, 2010 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of tirne, 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 Strictures), 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. a] Planning Commission Resolution No. 1818 Page') of 12 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.81.035.A of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: 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 shvhich 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 Retai{ 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. 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. Findinc€: 8. 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. Planning Commission Resolution No. 1818 Pace 3 of 12 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 wilt 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 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. 8 -5. Both the General Plan and the Cl_UP set a development intensity limit of 0.5 floor area to land area ratio (FAR) for non - residentlal 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. Tmpli: Q41 OG Planning Commission Resolution No. 1818 Facts in — Su of Finding: 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 {he greatest extent possible. G -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. NOW, THEREFORE, BE IT RESOLVED: 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. PASSED, APPROVED AND ADOPTED THIS 5"' DAY OF AUGUST, 2010. AYES: Eaten, Unsworth, Hawkins, McDaniel, Ameri, and Toerge NOES: None EXCUSED: Hillgren By:( u vv Earl McDaniel, Chairman BY:! x '° Mickrae3 --TV rge, Secretary Tmpit: W14110 0 Planning Commission Resolution No. 1818 -- Page 5 of 12 r EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING I Use Permit No. UP2010 -095 shall be subject to a one yearrevieiw before the Planning Commission after the date of approval. 2. Prior b issuance of buildings 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 A& or obtain Coastal Commission approval of the parcel map. 3. There shall be no live entertainment allowed on the premises without fist 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 ermit, 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- i. Dancing is allowed for the hours of live entertainment. 8. The area provided for live entertainment and dancing shall not exceed 400 square feet. 3, The applicant shall provide licensed security personnel white 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. 12. Approval does not permit China Palace to operate as a bar, tavem, 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, Tmpit 04i4/10 Planning Commission Resolution No. 1818 --- a Pane 6 of 12 14. The live entertainment use shall be permitted within the interior dining roms 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 tirre. 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 prce 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, 21 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 ingresslegress 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 Tmnit: ©;itdri fi Planning Commission Resolution No, 1818 Page 7 of 12 amplified musk 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 witil the provisions of Chapter 10.26 and other- applicable noise control requirennents or the Ne;nvport 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 shalt 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 UP30951 30. Final design of the project shall provide for adequate security fighting in public areas and the off -site parking areas. CCOA UP3095] 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 she# 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. jCOA UP3095] 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 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. Between the hours cf `.00AM j Bee`•d02e it le hou,s of j __ -.... — _ - - - -- 10,00PM ; 10'OOPlv1 and 7 00AM ---,- -' Location —and Interior — --- Exre nor _T Interior — -- Cxterior Residential Property �45d,�A 5adB� --, [ 40dBA 5Od33A ...._._ ._. __.._.. ... _.__._— Residential Property located Mthrn 100 feet of commer raf property _� .._._.r. 45dBA i 60dBA 45dBA 50d5A Mixed Use Property 45dBA j 60dBA 145dBA 50dBA 1.2ommercial Property N/A 165dBA N/A 600A 27. All proposed signs shalt 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 UP30951 30. Final design of the project shall provide for adequate security fighting in public areas and the off -site parking areas. CCOA UP3095] 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 she# 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. jCOA UP3095] 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 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. Planning Commission Resolution No. _1818 Paye8of12 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 small be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily rernoval ottrash, litter debris and graffiti from the premises and on all abu—mi ig sGde?"aa il"s vt ithin 20 feet of the pier nise5. 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 of 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. 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. Tmplt: 04/14/10 - - 1�► Planning Commission Resolution No. 1818 Page 9 of 12 4.6. 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 maims, 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 (PA2 010 -082). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, aitomeys' flees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, andlor 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 UP30951 Building Department conditions 52, Strict adherence to maximum occupancy limits is required: A building permit is required to allow the change in occupancy. Plan Cheek No. 039& -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 ail 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 Ca €ifomia Building Code. 54. , Approval from the Orange County Health. Department is required prior to the issuance of a building permit. Tmplt 44!14174 Planning Commission Resolution No. 1818 —_... Parry in mf 1,) 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 UP3095j 56_ Fugitive dust emissions during demolition and construction shall be rrrinimized by waterng 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 UP30951 58. Crease 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] rag. 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 `fret public area' shah be provided for the restaurant use from 11:00 a.m. until 6:00 pm. and that a maximum of 13 of the required restaurant parking spaces may be located in the Mariner's Mite 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; #B from 6.00 p.m, to closing. Should the bank or C'est Si Bon Bakery at 149 Riverside Avenue, #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 Lirector'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 Tmpft: 04114110 Planning Commission Resolution No, 1818 Page 1 i of 12 Permit shall immediately terminate until replacement off -site parking, acceptable to the Planning Director, is obtained for the subject property, pis. 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 snail be permitted within the cn -site parking area. lCOA UP3095J 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. 68. T';e 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 Traffrc Engineer; and that no parking be allowed on the entrance drive within 16 feet of the property line. (COA UP30951 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. jCOA UP30951 74. That employees of the restaurant shall be required to park in the municipal parking lot. jCOA UP3095J 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 fine shaft 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 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 TmpR: 04114110 Planning Commission Resolution No. 1818 Paste '12 of 12 the West coast Highway frontage, and that the building be relocated towards the westerly side property line so as to provide for the required comer cutoff: jCO A UP3095j 7 8. That prior to obtaining building pen-nits, the Applicant shall agree he will not request adjustments to yenta+ fees based ore the City's acquisition of the 18 -foot wide, strip and corner cutoff. reducing the size of the parcel. fCOA UP3095j 79. That the future street area be landscaped and maintained by the Applicant until such time as it is needed for street purposes, [COA UP3095] 80. That all vehicular access rights to West Coast Highway be released and relinquishes: to the City of Newport Beach prior to issuance of any building permits. jCOA UP30951 81, That street and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. [COA UP30951 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 econornic loss for the removal of parking for the restriping or widening of West Coast Highway on the grounds of loss of on- street parking. jCOA UP30951 Tmpt 04114il 0 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. I 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 X -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. z3v 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: TYPE 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 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 �;6 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 J Cbina 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 Fo P Detective Division Commander 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 * *. Arrest Informati on 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 California* National* (DUI/Drunk) 47 1,270 336,008 2,094,465 Total Arrests 113 3,595 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 ratios 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 la. Attachment No. CC 6 Planning Commission Staff Report i 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 Mariner's Mile Specific Vehicle Rental Facilities MU -H1 Plan SP -5, RSC SOUTHEAST Mixed -Use Horizontal 1 Mariner's Mile Specific Bank MU -H1 Plan SP -5, RMC NORTHEAST Mixed -Use Horizontal 1 Mariner's Mile Specific Retail Tenants MU -H1 Plan SP -5, RSC SOUTHWEST Mixed -Use Water Mariners Mile Specific Eating and Drinking Related 1 (MU -W1) Plan (SP -5, RSC) Establishments and Newport Bay In China Palace Use Permit August 5, 2010 _ Page 3 INTRODUCTION Proiect 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. Background 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. Live Entertainment and Dancing China Palace Use Permit August 5, 2010 Page 5 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. W kNI 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 /CLUP 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 Page 7 Summary 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 Council approval of the proposed projec t continue the item, or deny the application, approve a revised project, staff will return findings and /or conditions. Environmental Review the draft resolution and recommend City as requested, approve a revised project, Should the Planning Commission choose to with a revised resolution incorporating new 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:1UserslPLN\Shared\PA's1PAs - 20101PA2010- 0821UP2010 -015 PC Rpt.doc Attachment No. CC 7 Letters from Two Adjacent Businesses �2� 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 forUP2010 -015 2800 W Coast Highway - China Palace 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: Dated : t `f 20 tc:) Paul Kohne CEO, Cest Si Bon Bakery PA2010 -082 for UP2010 -015 2800 W Coast Highway China Palace -�/ Attachment No. CC 8 Project Plans 7�- c iii I mv�. w /1 VICINITY MAP (AERIAL PHOTOGRAPH n.. R -_ eunowc o< Qo P A C I F I C PLAN VIEW Tol- Bryant Palmer Solo Ina. 5 25-10 China Palace Patio China Palace Restaurant 2840 W Pacific Coast Hwy. Newport Beach ooOv_ WEST ELEVATION �� ENTERTAINMENT AREA PA2010 -0 for UP2010015 2800 W Cdsl Highway China pe!,- 1of1 :l Qo P A C I F I C PLAN VIEW Tol- Bryant Palmer Solo Ina. 5 25-10 China Palace Patio China Palace Restaurant 2840 W Pacific Coast Hwy. Newport Beach ooOv_ WEST ELEVATION �� ENTERTAINMENT AREA PA2010 -0 for UP2010015 2800 W Cdsl Highway China pe!,- 1of1 :l !? 1 1 L- -I A1331, 10, .A <NAR T 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. 10 ♦ 07 S.F. (3) x 29 S.F. BOOTH PROJECTIONS REMOVED FROM INTERIOR N. PA Q2 619S.F. PATIOAREAALLOWED �1 NOTE: ACCESSORY OUTDOOR DINING PERMIT: OD 2009003 APPROVED 1912010 �2 NOTE: EXISTING 'NET PUBUCAREA'OF 87S.F. 13 - 29 S F. BOOTH PROJECTIONS) TRANSFERRED TO THE ALLOWED PATIO AREA Ej J1 =I.E I "a�a' i,E,rulat i lEI ErvTHV -` W (E)Fb^HTAM<', / �LINE o- NETPUBUCAPFAmv1 0 REMOVE (E) SUSHI BAI I I 15 s I Brypnt Palmer Soto Inc. Ngl6anl n1.1 —P .gE^TSm I.KBryenl Ef4IAR l Td Rn plo)m eilj 5 -25 -10 - \X China Palace Net Public Area & (I Furniture Layout Exhibit China Palace Restaurant y 2800 W Pacific Coast Hwy. Newport Beach A y J I FIRE FEATURE 1 '� WJ ROCK BED ✓�;�\ o 95F SMOOTH PLASTER WA_L - VV/ GLASS WINDSCREEN �� J (E) SIGN HIBISCUS HEDGE (E) BUS BENCH EXISTING CURB FACE Total Net Public Area: 2,042 S.F. PROPOSED INTERIOR NET PUBLIC AREA & FURNITURE LAYOUT EXHIBIT SCALE 1- =1a -D^ 1 of 1 PA 2009 -113 FOR ILLUSTRATION PURPOSES ONLY �y .— F:Ei4fOVF. ,— p1iCPOSED SUSHI l j (EI BO011iS COCKTAIL BAR TYP OF R .A <NAR T 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. 10 ♦ 07 S.F. (3) x 29 S.F. BOOTH PROJECTIONS REMOVED FROM INTERIOR N. PA Q2 619S.F. PATIOAREAALLOWED �1 NOTE: ACCESSORY OUTDOOR DINING PERMIT: OD 2009003 APPROVED 1912010 �2 NOTE: EXISTING 'NET PUBUCAREA'OF 87S.F. 13 - 29 S F. BOOTH PROJECTIONS) TRANSFERRED TO THE ALLOWED PATIO AREA Ej J1 =I.E I "a�a' i,E,rulat i lEI ErvTHV -` W (E)Fb^HTAM<', / �LINE o- NETPUBUCAPFAmv1 0 REMOVE (E) SUSHI BAI I I 15 s I Brypnt Palmer Soto Inc. Ngl6anl n1.1 —P .gE^TSm I.KBryenl Ef4IAR l Td Rn plo)m eilj 5 -25 -10 - \X China Palace Net Public Area & (I Furniture Layout Exhibit China Palace Restaurant y 2800 W Pacific Coast Hwy. Newport Beach A y J I FIRE FEATURE 1 '� WJ ROCK BED ✓�;�\ o 95F SMOOTH PLASTER WA_L - VV/ GLASS WINDSCREEN �� J (E) SIGN HIBISCUS HEDGE (E) BUS BENCH EXISTING CURB FACE Total Net Public Area: 2,042 S.F. PROPOSED INTERIOR NET PUBLIC AREA & FURNITURE LAYOUT EXHIBIT SCALE 1- =1a -D^ 1 of 1 PA 2009 -113 FOR ILLUSTRATION PURPOSES ONLY �y Attachment No. CC 9 Parking Management Program l� ,�,i 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. wwi • 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. i r- 6 12 City Council Resolution No. Page 12 of 14 I 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 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. 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 1A9 Rh4e. side Avepue (as lessors) providing parking for thirty (30) cars from 6:00 p.m. to closing. 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 and dancing 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 62:00 pa.m. as long as the tandem configuration of parking (parallel parking in the drive aisle) remains on -site. F: \Users \PLMShared \PA's\PAs - 2010\PA2010 -062