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Home My WebLink About2015-69 - Approving an Outdoor Dining Pilot Program for a Period of One Year within Balboa Village (PA2015-137) RESOLUTION NO. 2015-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN OUTDOOR DINING PILOT PROGRAM FOR A PERIOD OF ONE YEAR WITHIN BALBOA VILLAGE (PA2015-137) WHEREAS, the seven-member Balboa Village Advisory Committee (BVAC) was established by the City Council to oversee the implementation of the Balboa Village Master Plan adopted in September 2012 and to provide recommendations on Balboa Village revitalization strategies; WHEREAS, Balboa Village is a mixed use area located on the Balboa Peninsula bounded by Adams Street to the west, A Street to the east, Newport Harbor to the north, and the Pacific Ocean to the south. The area attracts summertime visitors and is in need of revitalization to attract local residents and other visitors year-round, which will improve the economic vitality of the area; WHEREAS, Balboa Village restaurants are an attraction to the area and they serve residents, visitors, and employees. Outdoor dining areas can improve the dining experience, contribute to a more pedestrian-oriented village, and improve the overall ambiance of the neighborhood; WHEREAS, on September 11, 2013, an Urban Land Institute Technical Assistance Panel (TAP) was held to discuss findings and create recommendations for Balboa Village. The TAP subsequently presented the information and provided a written report with recommendations, which included adding outdoor dining, especially in public spaces, to activate and revitalize Balboa Village; WHEREAS, due to Newport Beach Municipal Code requirements, applications for the addition of accessory outdoor dining to an existing eating and drinking establishment can be expensive and take several months to process; WHEREAS, Municipal Code Chapter 3.36 and the City of Newport Beach Master Fee schedule establish the fees for dining encroachment permits; WHEREAS, at a noticed public meeting on June 10, 2015, the BVAC reviewed and provided comments on the outdoor dining program and directed staff to prepare a pilot program to forward to the City Council for review; and WHEREAS, A public meeting was held by the City Council on September 8, 2015, in the City Hall Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting, Resolution No. 2015-69 Page 2 of 3 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 (City) approves an outdoor dining pilot program for a period of one (1) year for Balboa Village, subject to the guidelines within Exhibit A, which is attached hereto and incorporated by reference. Unless extended or terminated earlier by the City Council, this pilot program shall automatically expire without further action upon the passage of one (1) year. Section 2: The City Council waives the dining encroachment permit fee and related City fees for outdoor dining zoning clearance applications reviewed under the pilot program. Section 3: The City Council temporarily suspends any Municipal Code requirement for a conditional use permit, minor use permit, or staff approval for substantial conformance to allow for outdoor dining within Balboa Village for the duration of the pilot program. Section 4: The City Council finds the adoption of this resolution and the pilot program are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The pilot program for outdoor dining involves minor improvements to existing eating and drinking establishments and has no potential to have a significant effect on the environment. Additionally, any future development application would be reviewed for compliance with CEQA requirements. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. Section 6: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 7: The Mayor shall sign and the City Clerk shall certify the vote adopting the passage of this resolution. Resolution No. 2015-69 Page 3 of 3 ADOPTED this 8t" day of September, :01 Edward D. Seltch Mayor ��rv1 FART 6 ATTEST: O� CgCt FORS` Leilani I. Brown City Clerk Attachment: Exhibit A - Balboa Village Outdoor Dining Guidelines EXHIBIT A Balboa Village Outdoor Dining Pilot Program Guidelines A. A zoning clearance application shall be filed with the Community Development Director together with all information and materials specified by the Director. No fee shall be required for this application. B. For applications on public property, additional permits may be required by the Public Works Department, and shall be filed with the Public Works Director. No fee shall be required for a dining encroachment permit. C. Eligibility requirements: 1. The property shall be located within a nonresidential zoning district within Balboa Village, which is defined as the area bounded by Adams Street to the west, A Street to the east, Newport Harbor to the north, and the Pacific Ocean to the south as shown below. Balboa Village Boundary Mixed-Use VedKai po q✓� „. ' + ,q0 CoMemal Vishor-Serving + Pubhc Padlihes yti� i"�caa IN MuRVeResidenhal XF Two-Unk ResidenBa( �kFEu lr rtl}\ i�qt 1111 1I �'E tY �+}W��ul. ri 111 iyi=p �i 1 u�rri. 11 s1 eorw ° }Or 6' i t e*r ,z"i,d vel S cEoq it 4 r tint �iy��✓e i t't1i� N 4✓0 3a' 't to .} }Y lutA EE E i r 'St t ri trt tr r t ttil r 4' v d E ` 1Wgust?015 2. The use of the existing building or suite shall be an eating and drinking establishment. D. Review criteria: 1. The outdoor dining area is limited to 25 percent of the interior net public area area. 2. The outdoor dining shall not open earlier than the interior of the eating and drinking establishment and shall close by 11:00 p.m. 3. The outdoor dining shall be designed to minimize impacts to sensitive noise receptors (e.g., hospitals, schools, and residential uses). 4. The outdoor dining shall be designed to eliminate potential impacts related to glare, light, loitering, and noise. 5. Outdoor dining on public property shall comply with Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the standards of the Public Works Department, including, but not limited to, City Council Policy L-21 (Sidewalk Cafe Standards and Procedures). 6. Outdoor dining shall include appropriate barriers separating the outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Pedestrian access shall not be impeded by the barriers. Barriers shall serve only to define the area and shall not constitute a permanent all-weather enclosure. 7. Physical elements (furniture, awnings, covers, umbrellas, etc.) shall be compatible with one another and with the overall character and design of the building. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2015-69 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8t" day of September, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of September, 2015. am� , City Clerk I — Newport Beach, California (Seal) 04 NEWP- U n 0 Z 9�'FO aN�P