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Home My WebLink About3.0 - Nobu Conditional Use Permit - PA2015-167 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT November 19, 2015 Meeting Agenda Item No. 3: SUBJECT: Nobu Conditional Use Permit 3450 Via Oporto Conditional Use Permit No. UP2015-040 (PA2015-167) APPLICANT: Studio PCH, Inc. representing Nobu Newport Beach, LLC OWNER: DJM Capital Partners, Inc. PLANNER: Makana Nova, Associate Planner (949) 644-3249, mnova@newportbeachca.gov PROJECT SUMMARY A conditional use permit (CUP) to allow a food service eating and drinking establishment, Nobu, with late hours, a Type 47 (On Sale General) Alcoholic Beverage Control (ABC) license, live entertainment, and an outdoor dining patio. The restaurant location previously operated pursuant to Conditional Use Permit No. UP3626 (amended) and Use Permit No. UP1711 , which would be superseded if the subject application is approved. Pursuant to Chapter 5.25 of the Newport Beach Municipal Code (NBMC), the operation, as described, requires the owner/operator to obtain an Operator License. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. _ approving Conditional Use Permit No. UP2015-040 (Attachment No. PC 1) with restaurant hours closing at 12:30 a.m., daily, and outdoor dining patio hours closing at 12:00 midnight, daily. INTRODUCTION Project Setting The proposed restaurant is located at the northeast end of Via Oporto. The property is developed with a 16,377-square-foot, two-story vacant restaurant building. No parking is provided on-site but rather parking is provided in a nearby 357 space parking structure located at 3434 Via Lido. 1 V� QP �P Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 2 VICINITY MAP , r �, ' Subject Property D N �i ,a �♦ x y� I 1 '\ GENERAL PLAN ZONING 6 ON-SITE MU-W2 (Mixed-Use MU-W2 (Mixed-Use Restaurant and Retail Building Water Related) Water Related vacant NORTH MU-W2 (Mixed-Use MU-W2 (Mixed-Use Newport Bay Water Related Water Related SOUTH MU-W2 (Mixed-Use MU-W2 (Mixed-Use Lido Marina Village Retail/Office Water Related) Water Related) Destination EAST MU-W2 (Mixed-Use MU-W2 (Mixed-Use Lido Marina Village Retail/Office Related Water Related Destination MU-W2 (Mixed-Use MU-W2 (Mixed-Use Lido Marina Village Retail/Office WEST Water Related) and PF Water Related) and PF Destination and City Parking Public Facilities Public Facilities Facilit 3 Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 3 The Property is part of Lido Marina Village, a commercial development that historically includes a mix of retail, service, office, and restaurant uses. This development is currently undergoing renovation and the establishment of new tenants throughout the area. Lido Marina Village surrounds the subject property to the south, east, and west. Newport Harbor is directly adjacent to the north. The adjacent marina also accommodates several charter boats, which have operated in the area since the mid 1990's and cater to private parties and special events in Newport Harbor. Site photographs of the subject property are included as Attachment No. PC 3. Project Description The applicant requests approval of a CUP to allow a food service, eating and drinking establishment, Nobu, with late hours, a Type 47 (On Sale General) Alcoholic Beverage Control (ABC) license, live entertainment, and an outdoor dining patio. The building is being remodeled and reduced to 14,144 gross square feet in area and consists of the proposed 12,603-square-foot restaurant space and a smaller 1,541-square-foot retail tenant space at the first floor level. The retail portion is not part of this application. The restaurant includes 2,907 square feet of interior net public area (seating and customer) with 79 seats at the first floor and 2,243 square feet of interior net public area with 76 seats at the second floor level. The accompanying outdoor dining patios facing Newport Harbor are 1,696 square feet in area with 56 seats at the first floor and 1,960 square feet with 56 seats at the second floor. The restaurant location was previously allowed to operate pursuant to Use Permit No. UP3626 (amended) and Use Permit No. UP1711 , which would be superseded if the subject application is approved. A new CUP is required due to modifications to the floor plan and operational characteristics. The applicant has provided a project description (Attachment No. PC 4) and Table 2 provides a summary of the use as requested by the applicant. Table 2. Summary of Applicant's Request UP2015-040 PA2015-167 Alcohol License Type 47 On Sale General Net Public Area 5,150 square feet interior 3,656 square feet patio Seats 155 interior seats and 126 outdoor dining patio seats Hours 7:00 a.m. to 12:30 a.m., Sunday through Thursday 7:00 a.m. to 1:00 a.m., Friday and Saturday 7:00 a.m. to 12:00 midnight, daily, outdoor dining patio Live Entertainment Disc jockey (regular business hours) Specific events (6 times per year before 11:00 p.m.) No dancing Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 4 Pursuant to Chapter 5.25 of the NBMC, the operation as described requires the owner/operator to obtain an Operator License issued by the Chief of Police because the proposed building and tenant improvements to the establishment result in a change in occupancy and the operational characteristics include late hours past 11:00 p.m. in conjunction with alcohol service and live entertainment. Background According to County records, the building was constructed in 1957 and has always been occupied by a restaurant. On December 14, 1972, the Planning Commission approved Use Permit No. 1636 permitting construction of a 367-space, 5-story public parking garage. Over time, the number of uses that rely upon the parking structure (including 3450 Via Lido) to satisfy code required parking increased as various restaurants obtained use permits from the City. On June 22, 1998, the City Council approved Use Permit No. UP3626 (amended) to allow the re-establishment of a full-service restaurant and entertainment facility that included alcoholic beverage service, dancing, live entertainment, outdoor dining, and valet parking. The use permit included specific conditions of approval limiting a large portion of the second floor level for interactive video games. The operator closed for business in 2001 and the building has been vacant since. Lido Marina Village has had a high vacancy rate for the last decade or more and as a result, parking demand has not exceeded supply. Lido Marina Village, including the project site, is currently undergoing an extensive remodeling project including improvements to the existing building facades, tenants, right-of-way, and marina. On December 18, 2014, the Planning Commission approved CUP No. UP2014-014 (PA2014-002) (Planning Commission Resolution No. 1966 provided as Attachment No. 5), authorizing a comprehensive Parking Management Program for Lido Marina Village. The Parking Management Program applies to approximately 112,029 square feet of commercial floor area under the common ownership of DJM Capital Partners, including the proposed restaurant. DISCUSSION The Zoning Code requires an analysis and consideration of the following topics in conjunction with the approval of a conditional use permit with late hours of operation after 11:00 p.m.: consistency with the General Plan, Coastal Land Use Plan, and Zoning District, alcoholic beverage sales, live entertainment, late hours of operation, outdoor dining, parking, and the conditional use permit findings. Discussion of these topics is provided in the following sections. Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 5 Consistency with General Plan/Coastal Land Use Plan/Zoning The Land Use Element of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code designate the properties within Lido Marina Village as Mixed-Use Water Related (MU-W2 and MU-W per CLUP). Permitted uses include commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor-serving and recreational uses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. The project would allow for reuse of an existing restaurant, maintaining the character of the district. A restaurant is consistent with the land use designation and zoning district with the approval of a use permit. The proposed project requires a CUP to authorize late hours of operation after 11:00 p.m. According to the property owner, DJM Capital Partners, Nobu is intended to serve as the primary anchor within Lido Marina Village. Under the General Plan land use designation and Zoning Code of MU-W2, the Floor Area Ratio (FAR) for the subject property is limited to 0.5 for nonresidential development and exceeds the FAR limit at 1.13 FAR. The existing building and ongoing alterations are allowed by Section 20.38.040 (Nonconforming Structures) of the Zoning Code because the building renovations do not result in an increase in the gross floor area or FAR. Alcoholic Beverage Sales When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code requires the Planning Commission to evaluate the potential impacts upon adjacent uses (within 100 feet as measured between the nearest lot lines) and to consider the proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. The adjacent uses are retail, office, recreation & entertainment (Elk's Lodge). The draft resolution includes conditions of approval to minimize negative impacts that the proposed restaurant may have to surrounding land uses and ensure that the use remains compatible with the surrounding community. In order to approve a CUP for alcohol sales, the Planning Commission must also find that the use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales). In doing so, the follow must be considered: a) The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. b) The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 6 c) The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. d) The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. e) Whether or not the proposed amendment will resolve any current objectionable conditions. The establishment is located within Reporting District 15, which includes Lido Village, Cannery Village and McFadden Square. For a map of the City of Newport Beach Reporting Districts, see Attachment No. PC 6. A data sheet, which includes alcohol related statistics from 2014, is provided in Attachment No. PC 7. The Police Department does not object to the operations as proposed by the applicant and the business would be required to obtain an Operator License. A discussion of the factors is provided below: 1. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. Reporting District Part One Crimes Part Two Crimes Part One Crimes (Serious offenses) (All other offenses) Rate (per 100,000 people RD No. 15 182 618 6,519 RD No. 13 68 160 4,124 RD No. 16 75 201 3,170 RD No. 25 78 119 2,777 Newport Beach 2,067 3,572 2,421 The Part One Crimes Rate in Reporting District 15 (RD 15) is higher than the Part One Crimes Rate for the City and adjacent districts. The crime rate in RD15 is 258 percent above the Citywide reporting district average. The higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of non-residential to residential uses. While the area does have a high concentration of alcohol licenses, the findings can be made despite higher concentrations of crimes and Lido Marina Village was designed to accommodate a restaurant and the building has historically been occupied by a restaurant with alcohol service. The service of alcoholic beverages would provide additional menu options for customers and would enhance the economic viability of the business. 2. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and the adjacent reporting districts. Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 7 Reporting District DUI/Drunk Arrests Total Arrests Calls for Service RD No. 15 102 668 9,225 RD No. 13 13 162 4,043 RD No. 16 27 207 4,274 RD No. 25 28 105 4,000 Newport Beach 496 3,151 97,838 RD 15 has a higher number of DUI/Drunk Arrests, Total Arrests, and Calls for service recorded in 2014 compared to adjacent reporting districts. From January 1, 2014 through December 31, 2014, the Police Department reported no calls for service to the subject property, likely because the current restaurant is vacant. 3. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. The subject property is located in a mixed-use district where residential development is permitted above the first floor. However, Lido Marina Village does not currently include any residential development and there are currently no plans to add mixed-use. A mixed-use development that includes two residential units is located approximately 500 feet to the south along Via Oporto. Additionally, multi-family residential development is located 625 feet northeast of the Property across Newport Harbor. The nearest place of recreation, the beach, is located approximately one half mile to the west. The nearest church, St. James Episcopal Church, is located 1,050 feet to the south of the subject property along Via Lido. The nearest school, Newport Elementary School, is located approximately one mile to the southeast along West Balboa Boulevard. The project site is not located in close proximity to a daycare center. The proposed use is otherwise surrounded by other commercial retail and office uses. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. This location in Lido Marina Village has greater distance from sensitive land uses than other commercial areas. The draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. 4. The proximity of the other establishments selling alcoholic beverages for either off- site or on-site consumption. As reflected in the approved Parking Management Program, Lido Marina Village was designed to accommodate multiple restaurants and the proposed restaurant is expected to be located in close proximity to other food service establishments. This includes an application currently under review for Zinque, a food service with late hours, outdoor dining, and a Type 47 (On Sale General) alcohol license located at 3440 Via Oporto. 2 Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 8 The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. Reporting District Active ABC License Per Capita RD No. 15 75 1 per 37 residents RD No. 13 6 1 per 275 residents RD No. 16 6 1 per 394 residents RD No. 25 36 1 per 78residents County-wide 6,299 1 per 494 residents The per capita ratio of one license for every 37 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, alcohol licenses attributed to adjacent marina operations, lower number of residential properties, and high number of restaurants in Lido Marina Village, Cannery Village, and McFadden Square. While the proposed restaurant is located in close proximity to other establishments, the location in Lido Marina Village, an established commercial area, together with the proposed operational characteristics would make the service of alcoholic beverages appropriate. 5. Whether or not the proposed amendment will resolve any current objectionable conditions. The existing commercial building has been vacant for more than a decade. The draft resolution has been conditioned to require building improvements to bring the existing building into compliance with Building and Fire Code requirements. Offering alcohol service will compliment the food service and provide for the convenience of customers. The Police Department has no objections to the operation given the proposed hours of operation, license type, and location of the use. Refer to Attachment No. PC 8 for a copy of the Police Department Memorandum. The draft resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC-required Licensee Education on Alcohol and Drugs (LEAD) or Responsible Beverage Service (RBS) training (Condition No. 42). Approval of this application will require the operator to obtain an Operator License pursuant to Chapter 5.25 of the NBMC. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking/circulation and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late-hour operations. 9 NOW Conditional Use Permit Planning Commission, November 19, 2015 Page 9 Live Entertainment Live entertainment is proposed in the form of a disc jockey that would select music to play over the in-house sound system throughout the restaurant and patio during regular business hours. Music from a disc jockey is generally expected to be played in the evening hours at a background level. The draft resolution includes conditions of approval that require the closing of the interior windows and doors at 10:00 p.m. when a disc jockey is present to minimize noise across Newport Harbor. Additionally, the applicant requests the opportunity to allow live entertainment acts with no more than three entertainers up to six times per year in conjunction with specific events or private parties. Live entertainment would occur strictly at the interior of the establishment. The draft resolution includes a condition that requires the closing of the interior windows and doors during live entertainment to minimize noise impacts to residents across Newport Harbor. The City will be notified of these occasions two weeks in advance and provided with a layout and written description of the proposed event. Live entertainment will not continue after 11:00 p.m. on these occasions. The operator may request larger live entertainment events through the special event application process. Dancing is not proposed. Staff believes the request for live entertainment is appropriate and will minimize nuisances to surrounding properties. Late Hours of Operation Pursuant to Section 20.48.090 (Eating and Drinking Establishments) of the Newport Beach Municipal Code, the Planning Commission must consider the following potential impacts upon adjacent or nearby uses when reviewing an application to allow late-hour operations': 1. Noise from music, dancing, and voices associated with allowed outdoor uses and activities; 2. High levels of lighting and illumination; 3. Increased pedestrian and vehicular traffic activity during late and early morning hours; 4. Increased trash and recycling collection activities; 5. Occupancy loads of the use; and 6. Any other factors that may affect adjacent or nearby uses. Late Hour Operations. Facilities that provide service after 11:00 p.m. any day of the week. (NBMC Sec.20.70.020) 10 Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 10 Planning and Police Department staff recommend a closing hour of 12:30 a.m., daily. However, the applicant has requested a later closing hour of 1:00 a.m. on Friday and Saturday. Last call for alcoholic beverages would occur one half hour prior to the closing hour for the business. In comparison with other restaurants that close at 2:00 a.m., the 12:30 a.m. closing hour will assist the Police Department by not adding an additional restaurant with a 2:00 a.m. closing hour on the Peninsula. Staggered closing hours assist the Police so that not all patrons of late hour establishments leave the area at the same time. The outdoor dining patio provides 56 seats on the first floor level and 70 seats on the second floor level and is proposed to close at 12:00 midnight, daily. Patio speakers will be oriented toward the interior dining room where the music is expected to be played for background level ambiance. The nearest residential uses are located approximately 500 feet to the south at 3388 Via Lido, which is developed with two dwelling units on the upper three floors above two levels of retail/office. The nearest residential properties across Newport Harbor are 625 feet to the northeast at 3121 West Coast Highway, a multi-family condominium building. Since these residential uses are located several hundred feet away, noise impacts are not anticipated and compliance with the noise ordinance is required. Conditions of approval provided in the draft resolution require the music on the outdoor dining patio to be turned off at 10:00 p.m. The Police Department supports closing hour of 12:00 midnight for the outdoor dining patio (Attachment No. PC 8) and Planning Division staff concurs to diminish the effects of exterior noise resulting from the outdoor dining patio. Dancing is not proposed and live entertainment in the form of a disc jockey would occur at the interior of the establishment with music played within the restaurant and outdoor dining patio. Music is generally expected to be played at a background level during the evening hours. The interior doors and windows will be required to close at 10:00 p.m. Live entertainment for special events is proposed up to six times a year but would not include late hours of operation after 11:00 p.m. When live entertainment for specific events is conducted on-site, the operator will be required to close all doors and windows to limit live entertainment to the interior of the restaurant. These conditions are expected to minimize negative impacts to surrounding properties. The proposed use will not necessitate high levels of lighting or illumination and any outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). The hours of operation will result in increased late-hour pedestrian and vehicular activity in and around Lido Marina Village. Most traffic is likely to access the area via Newport Boulevard and Via Lido. In conjunction with the operator license application, the applicant has submitted a security plan for both the tenant (Attachment No. PC 9) and the Lido Marina Village development (Attachment No. PC 10). The Police Department has reviewed the security plans to ensure that adequate security measures are in place for Lido Marina Village as a whole. Two security personnel would be provided on-site 11 Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 11 during all business hours. At times when live entertainment is provided (six times per year), security will be provided at a rate of one security personnel per 50 occupants. The applicant has demonstrated that sufficient trash and recycling areas will be provided throughout the center. Based on the size of the remodeled building, a total of 96 square feet of trash and recycling areas are required per Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of the Zoning Code. A 148-square-foot trash enclosure is provided at the front of the restaurant and is adequate to serve the needs of the proposed restaurant. Outdoor Dining The requested outdoor dining patio hours are compatible with the goals established for Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes the need for, "a pedestrian-oriented village environment that reflects its waterfront location, providing a mix of uses that serves visitors and local residents." The proposed outdoor dining patios provide an additional amenity for coastal visitors to enjoy the bay frontage. Parking The proposed restaurant is located in an area that is subject to a captive market and results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics will reduce the parking demand to a number lower than the required parking. Parking for Lido Marina Village is provided nearby in a structure at 3434 Via Lido and along Via Lido and Via Oporto that accommodate the proposed use. In November, 2014, a parking study was prepared in conjunction with a Parking Management Program for Lido Marina Village. The study details the availability of parking in the street and in the nearby parking structure. The Parking Management Program approved by Planning Commission Resolution No. 1966 (Attachment No. PC 5) for Lido Marina Village allows the center to be occupied up to a certain occupancy threshold whereupon a new parking study will be conducted based on real-time data to determine whether additional off-site parking is necessary or if the existing parking available is sufficient. When this occurs, the Parking Management Program will be reviewed by the Planning Commission again. The proposed restaurant does not exceed the identified occupancy thresholds as indicated in the attached tracking table (Attachment No. PC 11) and thus, a new parking study and subsequent Planning Commission review of the parking are not required at this time. CUP Findings The floor plan and operational changes to accommodate a new restaurant at this location are considered substantial changes in operation that require the approval of a new CUP. 12 Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 12 Pursuant to Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the Planning Commission must make the following findings in order to approve a CUP: 1. The use is consistent with the General Plan and any applicable Specific Plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities;and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Staff believes sufficient facts exist in support of each finding. The operation is defined as a Food Service, Late Hours and is consistent with the purpose and intent of MU-W2 (Mixed-Use Water Related) General Plan land use designation and Zoning District. The MU-W2 designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial uses through compliance with the proposed conditions of approval. The proposed restaurant is expected to serve as the primary anchor tenant within Lido Marina Village. The building is physically suitable and the location is compatible with the area as the location has previously been utilized as a restaurant and is not located in area directly adjacent to residential land uses. Live entertainment acts (six times per year) will be conducted within the restaurant with doors and windows closed. As conditioned, it is expected to operate in an effective manner that is compatible with the surrounding land uses in Lido Marina Village. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for restaurants. The proposed renovations are expected to have a positive impact on the overall economic health of the community and promote further revitalization of the other commercial properties within Lido Marina Village. Therefore, staff believes that the proposed restaurant and operational characteristics are appropriate for this location. 13 Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 13 Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application request (Attachment No. PC 2). Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the interior alteration of an existing building developed as a restaurant. Therefore, the project qualifies for a categorical exemption under Class 1. If denied, projects which a public agency rejects or disapproves are not subject to the California Environmental Quality Act (CEQA) review, pursuant to Section 15270 of the CEQA Guidelines. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Maka6a N a r n a Wisneslfi, ICP, Deputy Director Associate Planner 1-� Nobu Conditional Use Permit Planning Commission, November 19, 2015 Page 14 ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 Draft Resolution for Denial PC 3 Site Photos PC 4 Applicant's Project Description PC 5 Planning Commission Resolution No. 1966 PC 6 Police Reporting Districts Map PC 7 Police Department Crime and Alcohol-Related Statistics PC 8 Police Department Memorandum PC 9 Nobu Security Plan PC 10 Lido Marina Village Security Plan PC 11 Restaurant Square Footage Tracking Table PC 12 Project Plans .docx:10i0615 15 V� QP �P 2� Attachment No. PC 1 Draft Resolution with Findings and Conditions 17 V� QP �P sg RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2015-040 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS, A TYPE 47 ALCOHOL LICENSE, LIVE ENTERTAINMENT, AND OUTDOOR DINING PATIOS LOCATED AT 3450 VIA OPORTO (PA2015-167) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Severine Tatangelo of Studio PCH, Inc. representing Nobu Newport Beach LLC, with respect to property located at 3450 Via Oporto, and legally described as Parcel 1 of Resubdivision No. 447, consisting of Lots 1126, 1125, and a portion of 1123 in Tract 907, as shown on a map recorded in Book 28 Pages 25 thru 36, Miscellaneous Maps, records of Orange County. The applicant requests approval of a conditional use permit. 2. The applicant proposes a conditional use permit to allow a food service eating and drinking establishment, Nobu, with late hours, a Type 47 (On Sale General) Alcoholic Beverage Control (ABC) license, live entertainment, and an outdoor dining patio. The interior net public area is 5,150 square feet and accomodates up to 155 seats and the outdoor dining patios total 3,656 square feet and accommodate 126 seats. Live entertainment is proposed in the form of a disc jockey played at a background level over the existing sound system during regular business hours. Live entertainment is also proposed for specific functions up to six times per year in the form of up to three entertainers prior to 11:00 p.m. 3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water Related). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed-Use Water Related). 5. A public hearing was held on November 19, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 19 Planning Commission Resolution No. l Page 2 of 15 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the interior alteration of an existing eating and drinking establishment. Therefore, the project qualifies for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding: 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. Alcohol service is intended for the convenience of customers dining at the restaurant. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages including the requirement to obtain an Operator License will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. The subject property is located in an area with a significant variety of land uses including commercial, retail, office, and marine-related resources. The business hours, operational characteristics, and floor plan have been limited so as to maintain the compatibility of the proposed use with surrounding land uses. 3. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. This location in Lido Marina Village has greater distance from sensitive land uses than other commercial areas. The draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. 10-02-2015 20 Planning Commission Resolution No. ##tai# Page 3 of 15 Pursuant to Section 20.22.020 (Mixed-Use Zoning Districts, Land Uses and Permit Requirements) of the Newport Beach Municipal Code, eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the MU-W2 (Mixed-Use Water Related)Zoning District. In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) General Plan and CLUP land use designations apply to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Although the subject property and surrounding development does not include residential uses, the proposed eating and drinking establishment is consistent with the visitor-serving land uses intended for the MU-W2 (Mixed-Use Water Related) land use designation of the General Plan and CLUP. 2. The requested outdoor dining patio hours are compatible with the goals established for Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes the need for, "a pedestrian-oriented village environment that reflects its waterfront location, providing a mix of uses that serve visitors and local residents." The proposed outdoor dining patios provide an additional amenity for coastal visitors to enjoy the bay frontage. 3. The proposed live entertainment will be located inside of the eating and drinking establishment and will be consistent with the overall intent of the MU-W2 land use designation and policies of the General Plan. Land Use Element Policy LU5.2.2 (Buffering Residential Areas) suggests that commercial uses adjoining residential neighborhoods should be designed to be compatible and minimize impacts to these uses. Turning music at the patio off at 10:00 p.m. and closing the restaurant windows and doors when live entertainment is in progress will ensure that noise impacts to residents across Newport Harbor are minimized. 4. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis provided by the Lido Marina Village Parking Demand Analysis and in accordance with the approved Parking Management Program (Planning Commission Resolution No. 1966) demonstrates that an adequate supply of parking will be provided based upon the shared use of parking within Lido Marina Village. 5. The project site is not located within a Specific Plan area. 10-02-2015 21 Planning Commission Resolution No. #### Page 4 of 15 Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) zoning district applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor- serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments classified as Food Service, Late-Hours require the approval of conditional use permit within the MU-W2 (Mixed-Use Water Related) Zoning District. 2. Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code states that all activities shall be conducted entirely within an enclosed structure, with the exception of checking patron's identification, valet parking activities, and outdoor dining. The proposed live entertainment will be conducted entirely within the interior of the restaurant. 3. Section 20.48.090.3.b (Eating and Drinking Establishments, Outdoor Dining) also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The outdoor dining patio closing hour of 12:00 midnight, daily, will minimize noise impacts to residents located across Newport Harbor. 4. The proposed use and required parking is consistent with the Lido Marina Village Parking Management Program authorized under Planning Commission Resolution No. 1966. 5. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. 6. The eating and drinking establishment is consistent with the Lido Marina Village Design Guidelines. The renovation of the existing establishment will support local establishments within Lido Marina Village and improve the pedestrian streetscape. 7. The existing development is nonconforming to the 0.5 Floor Area Ratio (FAR). The existing building and ongoing alterations are allowed by Section 20.38.040 (Nonconforming Structures) of the Zoning Code because the building renovations do not result in an increase in the gross floor area or FAR. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 10-02-2015 22 Planning Commission Resolution No. #I##I# Page 5 of 15 Facts in Support of Finding: 1. An eating and drinking establishment has operated in this location since 1957 and the commercial building is developed with the infrastructure to accommodate an eating and drinking establishment. The location is compatible with other commercial uses in the area and serves as a key retail anchor within Lido Marina Village. The eating and drinking establishment also serves as an important visitor-serving use that benefits the area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act. 2. The subject property is located in a relatively dense commercial village area with multiple uses within a short distance of each other. Lido Marina Village is conducive to a significant amount of walk-in patrons. No on-site parking is available for the subject property but adequate parking is provided in the Lido Marina Village parking structure and adjacent streets (Central Avenue and Via Oporto) as authorized under the approved Parking Management Program for Lido Marina Village (Planning Commission Resolution No. 1966). 3. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables and counter areas to accommodate 155 interior seats and 126 outdoor dining patio seats. The hours of operation have been limited to stagger and minimize the demand for police services in the area. The applicant is required to maintain substantial conformance with the approved floor plan in conjunction with a Type 47 (On Sale General) alcohol license so that the restaurant's primary use is an eating and drinking establishment and not a bar, lounge, or night club. Live entertainment will be limited to the interior of the restaurant with doors and windows closed to reduce noise impacts to surrounding properties. 4. Live entertainment will be limited to the interior of the establishment. A disc jockey will play music at a background level during regular business hours. Live entertainment consisting of no more than three entertainers would perform no more than six times per year prior to 11:00 p.m. These parameters will effectively ensure that the restaurant remains compatible with the surrounding land uses. 5. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The project site is located within an existing commercial building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, 10-02-2015 23 Planning Commission Resolution No. Page 6 of 15 location, and operating characteristics of the use are compatible with the surrounding Lido Marina Village development. The existing tenant space on the subject property has historically been occupied by an eating and drinking establishment. 2. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. Findin : F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The tenant improvements to the existing eating and drinking establishment should have a positive impact on the area and may promote further revitalization of commercial properties located in Lido Marina Village. The eating and drinking establishment will serve the surrounding community. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Turning music at the patio off at 10:00 p.m. and closing the restaurant windows and doors when live entertainment is present will ensure the restaurant will remain in compliance with Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. Additionally, restaurant windows and doors will be closed when other live entertainment is in progress. 3. The addition of live entertainment including a disc jockey during regular business hours and up to three entertainers for specific events up to six times per year will provide an additional amenity to patrons of the restaurant. The hours for performers during these events are limited to 11:00 p.m. to minimize noise impacts beyond the restaurant. 4. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours reduce impacts to surrounding land uses and sufficient parking is available in the area to accommodate the eating and drinking establishment. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment. 10-02-2015 24 Planning Commission Resolution No. ###### Page 7 of 15 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2015-040 (PA2015-167), 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 14 days following the date this Resolution was adopted 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 Use Permit No. UP1711 and Use Permit No. UP3626, which upon vesting of the rights authorized by this Conditional Use Permit No. UP2015-040 (PA2015-167), shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF NOVEMBER, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 10-02-2015 2.5 Planning Commission Resolution No. ###### Page 8 of 15 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1 . 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.) 2. Conditional Use Permit No. UP2015-040 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. This Conditional 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 7. 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. 8. 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 Division. 9. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only 10-02-2015 20 Planning Commission Resolution No. ###### Page 9 of 15 and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 11. The conditional use permit shall be reviewed by the Planning Commission one year from the date of this approval to ensure the conditions of approval have been adhered to. 12. The hours of operation for the interior of the restaurant shall be limited from 7:00 a.m. through 12:30 a.m., daily. The last call for alcoholic beverages shall occur one half hour prior to the closing hour of the restaurant. 13. The hours of operation for the outdoor dining patio shall be limited between 7:00 a.m. and 12:00 midnight, daily. 14. That the "net public area" of the restaurant shall not exceed 5,150 square feet for the interior of the subject restaurant facility. 15. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining patios shall be limited to 3,656 square feet in area. 16. The restaurant and patio seats shall be configured in a dining room setting. The dining tables and chairs are not permitted to be moved to create standing areas for food and beverage service to patrons. 17. The height of the boundary wall of the accessory outdoor dining area shall be marked on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 18. There shall be no dancing allowed on the premises. 19. Live entertainment in the form of a disc jockey may operate during regular business hours to select music played at a background level within the restaurant. When a disc jockey is present, the interior doors and windows to the restaurant shall be closed at 10:00 P.M. 20. Live entertainment may also consist of a maximum of three entertainers up to six times per year performing prior to 11:00 p.m. on any business day. The operator shall provide the Planning Division and Police Department with a layout and written description of the proposed live entertainment at least 14 days in advance to the event. Live entertainment shall only be conducted within the interior of the restaurant and doors and windows of the main dining areas shall remain closed while live entertainment with entertainers other than a disc jockey is present. 21. Live entertainment shall not be allowed in the eating and drinking establishment unless the operator has first obtained a live entertainment permit from the Revenue Division. 10-02-2015 27 Planning Commission Resolution No. #### Page 10 of 15 22. The applicant/operator 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 (NBPD). The procedures included in the plan and any recommendations made by the NBPD shall be implemented and adhered to for the life of the Conditional Use Permit. 23. The installation of roof coverings shall not have the effect of creating a permanent enclosure. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. 24. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 25. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right- of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 26. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 27. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. 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. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: Between the hours of 7:OOAM Between the hours of and 10:OOPM 10:OOPM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 28. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that 10-02-2015 22 Planning Commission Resolution No. #### Page 11 of 15 produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 29. An outdoor sound system shall be permitted within the outdoor dining areas for music played at a background level. Music on the outdoor dining patios shall be turned off at 10:00 p.m. daily. Sound shall adhere to Chapter 10.26 of the Newport Beach Municipal Code. 30. 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. 31. 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. 32. All trash shall be stored within the building, except when placed for pick-up by refuse collection agencies. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 33. Trash receptacles for patrons shall be conveniently located inside of the establishment. 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. 34. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick-up days. 35. 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 Nobu Conditional Use Permit including, but not limited to, Conditional Use Permit No. UP2015-040. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification 10-02-2015 �9 Planning Commission Resolution No. #### # Page 12 of 15 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. Police Department Conditions 36. The operator of the establishment shall secure and maintain an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to operate beyond the hours of 12:30 a.m., Sunday through Thursday, 1:00 a.m., Friday and Saturday, or 12:00 midnight on the outdoor dining patios. 37. The Operator License required to be obtained pursuant to Chapter 5.25 of the Municipal Code, may be subject to additional and/or more restrictive conditions such as a security plan to regulate and control potential late-hour nuisances associated with the operation of the establishment. 38. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 39. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 40. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited. 41. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 42. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 43. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 44. 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 10-02-2015 so Planning Commission Resolution No. ###### Page 13 of 15 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. 45. The restaurant and patio areas may be used for private parties provided that said use is not a promotional activity and/or does not require a City issued Special Event Permit. 46. 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. 47. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Gaffiti shall be removed within 48 hours of written notice from the City. 48. 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. Fire Department Conditions 49. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. California Fire Code Section 609.2. 50. Each required commercial kitchen exhaust hood and duct system required by Section 609 with a Type I hood shall be protected with an approved automatic fire- extinguishing system installed in accordance with the fire code (C.F.0 Section 904.2.1). 51. An operational fire permit "Places of assembly" will be required prior to occupancy. 52. Fireplaces must be installed with regard to clearances as per manufacturers recommendations. Bioethanol fueled fireplaces will not be allowed (C.F.C. 308.1.1). 53. All buildings and structures with one or more passenger service elevator shall be provided with not less than one medical emergency elevator to all landings (California Building Code Section 3002.4a). 54. The medical emergency service elevator shall accommodate the loading and transport of an ambulance gurney or structure size 24 inches by 84 inches with not less than 5- inch in the horizontal position (C.B.C. Section 3002.4.1 a). 10-02-2015 31 Planning Commission Resolution No. #### Page 14 of 15 55. The elevator designated the medical emergency elevator shall be equipped with a key switch to recall the elevator nonstop to the main floor (C.B.C. Section 3002.4.4a). Building Division Conditions 56. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 57. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 58. Strict adherence to maximum occupancy limits is required. 59. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 60. A grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 61. A covered wash-out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 62. Prior to the issuance of building permits, the project plans shall be modified so that the winder threads are not provided as a means of egress at the stairways. (1009.7.3). 63. Prior to the issuance of building permits, the project plans shall be modified so that the restroom access shall provide clearances for accessibility (Ch.11 B). 64. Prior to the issuance of building permits, the project plans shall be modified so that exiting is not provided through the transformer enclosure. 65. The restaurant shall provide accessible access/seating to all functional areas. 66. Based on the outdoor dining patio areas occupant load (greater than 50), panic hardware and door swings shall be provided to these areas. 10-02-2015 32 Planning Commission Resolution No. #### Page 15 of 15 67. Kitchen exhaust fans shall be installed/maintained in accordance with the California Mechanical Code. A permit from the South Coast Air Quality Management District shall be obtained for the control of smoke and odor. 68. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. Public Works Conditions 69. County Sanitation District fees shall be paid prior to the issuance of any building permits. 10-02-2015 33 V� QP �P 31{ Attachment No. PC 2 Draft Resolution for Denial 35 V� QP �P 3C RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING CONDITIONAL USE PERMIT NO. UP2015-040 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS, A TYPE 47 ALCOHOL LICENSE, LIVE ENTERTAINMENT, AND OUTDOOR DINING PATIOS LOCATED AT 3450 VIA OPORTO (PA2015-167) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Severine Tatangelo of Studio PCH, Inc. representing Nobu Newport Beach LLC, with respect to property located at 3450 Via Oporto, and legally described as Parcel 1 of Resubdivision No. 447, consisting of Lots 1126, 1125, and a portion of 1123 in Tract 907, as shown on a map recorded in Book 28 Pages 25 thru 36, Miscellaneous Maps, records of Orange County. The applicant requests approval of a conditional use permit. 2. The applicant proposes a conditional use permit to allow a food service eating and drinking establishment, Nobu, with late hours, a Type 47 (On Sale General) Alcoholic Beverage Control (ABC) license, live entertainment, and an outdoor dining patio. The interior net public area is 5,150 square feet and accomodates up to 155 seats and the outdoor dining patios total 3,656 square feet and accommodate 104 seats. Live entertainment is proposed in the form of a disc jockey played at a background level over the existing sound system during regular business hours. Live entertainment is also proposed for specific functions up to six times per year in the form of up to three entertainers prior to 11:00 p.m. 3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water Related). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed-Use Water Related). 5. A public hearing was held on November 19, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 37 Planning Commission Resolution No. ###### Page 2 of 3 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020.E (Findings and Decision) and Section 20.48.030 (Alcohol Sales) of the Zoning Code, eating and drinking establishments classified as "Food Service, Late Hours" located within the MU-W2 (Mixed-Use Water Related) Zoning District require the approval of a conditional use permit. The Planning Commission may approve a use permit only after making each of the five required findings set forth in Section 20.52.020.F. In this case, the Planning Commission was unable to make the required findings based upon the following: 1. The Planning Commission determined, in this case, that the proposed use permit for the food service, late hours use is inconsistent with the legislative intent of Title 20 of the NBMC. 2. The proposed alcohol license would lead to a proliferation of alcohol licenses in an area that is already over-concentrated with alcohol licenses. 3. The design, location, size, and operating characteristics of the use are not compatible with the allowed uses in the vicinity. 4. The site is not physically suitable in terms of design, location, shape, size, operating characteristics. The property does not provide on-site parking to accommodate the proposed use. The Planning Commission does not consider the existing structure on the subject property a unique circumstance resulting in any necessity to warrant approval for a reduction in the off-site parking requirement through the approval of a parking management program. 5. The proposed eating and drinking establishment is neither required by code nor necessary for the enjoyment of the property. If desired, and as shown through previously approved building permits, the subject property can be utilized to comply with the requirements of the NBMC and be used for general commercial or retail uses. 6. The subject property is consistent in orientation, size and shape with typical lots in this neighborhood which are designed with commercial and mixed-use development. Although, the existing structure is currently developed with infrastructure for an eating and drinking establishment, less parking than what the Zoning Code provides for could prove detrimental to Lido Marina Village. Parking is already deficient in this district. Operation of the use at the location proposed would be detrimental to the harmonious and orderly growth of the City. 10-02-2015 38 Planning Commission Resolution No. #### Page 3 of 3 7. Granting of the use permit would provide special privileges to the subject property as the City has required the minimum parking provided by the Zoning Code in similar circumstances with nonconforming commercial uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2015-040 (PA2015-167), 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 14 days following the date this Resolution was adopted 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. PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF NOVEMBER, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 10-02-2015 39 V� QP �P �o Attachment No. PC 3 Site Photos 41 V� QP �P 01 100000 00.000 ht� ' r••. ` I Y C- 1' ^.F Site Photo 09-29-2014. View from marina with shell building improvements under Site Photo 01-30-2015. View from Via Oporto with shell building improvements way. under way. / Site Photo 05-28-2015.View from Via Oporto with shell building improvements Site Photo 11-04-2015. View from Via Oporto with shell building ffrovements under way. under way. V� QP �P Attachment No. PC 4 Applicant's Project Description 45 V� QP �P 3436 Coast View Drive,Malibu CA 90265 (T)310.456.3607 (F)310.456.7201 STUDIOPCHm PROJECT DESCRIPTION FOR CUP No. UP2015-040 (PA2015-167) 3450 Via Oporto, Newport Beach, CA 92663 Revisions 11.04.15 The proposed project consists of the renovation/tenant improvement of an existing commercial structure into a high end Japanese restaurant. Nobu, world renowned Japanese restaurant recognized for pioneering a New-style Japanese cuisine,started as a business partnership in 1994 between Chef Nobu Matsuhisa and his partners:Actor Robert De Niro, Meir Teper, and restaurateur Drew Nieporent. Originating in New York as the flagship restaurant, the Nobu brand is now an empire that spans across five continents,with international locations in London,Tokyo, Hong Kong, Beijing, Milan,The Bahamas, Melbourne, Dubai, Cape Town, Moscow, Mexico City, Budapest, Perth, Monte Carlo, Kuala Lumpur, Manila, Doha and national locations in Las Vegas, Malibu, Miami Beach, Dallas, San Diego, Los Angeles, Waikiki, Lana'i. Nobu restaurants, simultaneously a visual and culinary delight, continue to receive unprecedented praise and rave reviews from publications such as the New York Times,the Zagat Surveys, and the Michelin Guides.The restaurants'popularity and devoted following are a tribute to Chef Nobu Matsuhisa's innovation in traditional Japanese cooking. For additional information, please visit www.noburestaurants.com The proposed project will contribute to the success of the Lido Marina Village development. On the first floor, lounge and dining seating surround the oval shaped bar.The covered patio allows contained seating within the premises while enjoying the breeze of the manna. A grand curved staircase leads to the second floor dining,where guests enjoy the performance of the sushi chefs preparing their traditional but innovative meals.The second floor patio gives an unprecedented view of the marina. Site Information Lot Area 12,485 SOFT Lot Width 106'-0" Lot Depth 188'-0" Setbacks North=0'-0" (Existing) East=24'-0"to closest building (Existing) South =8'-6"(Existing) West=0'-1"(Existing) Building/Lot Coverage 63% Building Height 26-0"(Max allowable =29'-0") Floor Area Ratio 0.5 47 3436 Coast View Drive,Malibu CA 90265 (T)310.456.3607 (F)310.456.7201 STUDIOPCHm Proposed CUP Calculations LEVEL 1 NOBU TOTAL 6,592 SQFT LEVEL 2 NOBU TOTAL 6,011 SOFT TOTAL NOBU AREA 12,603 SOFT OUTDOOR SEATING LEVEL 1 1,391 SOFT OUTDOOR PATIO LEVEL 1 305 SOFT OUTDOOR SEATING LEVEL 2 1,960 SQFT GRAND TOTAL NOBU 16,259 SQFT Landscaping Refer to approved CUP UP2014-014 (PA2014-002). No site work improvement under Nobu's scope of work See attached Sheet L-10 by SMS Architects Paving Refer to approved CUP UP2014-014(PA2014-002). No site work improvement under Nobu's scope of work See attached Sheet L-10 by SMS Architects Parking Refer to approved CUP UP2014-014 (PA2014-002). No site work improvement under Nobu's scope of work See attached master parking plan by SMS Architects. Operations, Food and Beverage (Revised per Comments on 10.28.15) • Revised hours of operations to serve breakfast, lunch and dinner. (See attached menus). Food service will be provided at all business hours. • INTERIOR DINING: Monday—Thursday and Sunday: lam to 12.30am Friday and Saturday: up to lam • EXTERIOR DINING: Monday—Sunday: 7am to 12am • The facility will provide a full range of beverage items including soft drinks, coffee, beer, and wine,along with all brands of liquor and specialty drinks. The number of employees per shift is about 50 employees serving. • The seating capacity is about 255 seats(+/- 155 indoor and +/- 100 outdoor). Please refer to the furniture plans sheet A1.61 and A1.62 for a detailed layout. 42 3436 Coast View Drive,Malibu CA 90265 (T)310.456.3607 (F)310.456.7201 STUDIOPCHm The Public Net Area is as follows LEVEL 1 INDOOR 2,907 SQFT OUTDOOR 1,584 SOFT LEVEL 2 INDOOR 2,243 SOFT OUTDOOR 1,960 SOFT • Please refer to attached Utility Plan for the grease interceptor location. Located in the courtyard. Entertainment (Revised per Comments on 10.28.15) • To enhance the dining experience, the operator is proposing to play ambient/background amplified music through a series of indoor and outdoor speakers(very typical in restaurants).A music coordinator will be in charge of controlling the music to ensure that sound level is controlled within the space. • Outdoor speakers will point inward at the patio areas(towards the building)to contain the music within the premises. See attached letter from acoustical engineer. Speakers are to be individually controlled pairs through a digital sound processor for a better sound/volume control by area. Our acoustical and AV/sound engineers are providing the best design to ensure that the noise level is controlled and per the City Ordinance. The noise level will be comprised between 60db and the ambient noise level, per Chapter 10.26 (Community Noise control)of the Municipal Code. • No dancing is proposed as part of the restaurant operations. • Live entertainment(such as band, musicians, etc..) is to be proposed on a limited basis, only inside the restaurant. Operator is asking to permission for 6 events a year(not part of the special permits)to allow them flexibility in their private events under the following conditions: • Operator will givea two week notice to the City of Newport Beach for these 6 live entertainment events. • Live entertainment will be stopped at 11 pm. • Additional private events will be requested to the City under special permit and will follow the City regulations. V� QP �P �o Attachment No. PC 5 Planning Commission Resolution No. 1966 51 V� QP �P �EwPoq� COMMUNITY DEVELOPMENT DEPARTMENT 04 �� PLANNING DIVISION 100 Civic Center Drive,P.O. Box 1768, Newport Beach, CA 92658-8915 o (949)644-3200 Fax: (949) 644-3229 �i c4tieoxN'P www.newportbeachca.gov VIA EMAIL January 29, 2015 Lido Group Retail, LLC Attn: Ron Lorntzen 3700 Newport Boulevard, 100 Newport Beach, CA 92663 Subject: Conditional Use Permit No. UP2014-014 (PA2014-002) 3600-3700 Newport Boulevard, 3400-3444 Via Lido, and 3400-3505 Via Oporto Lido Marina Village Dear Mr. Lorntzen, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Planning Commission on December 18, 2014 and effective on January 2, 2015. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Should you have any questions, please contact our office at (949) 644-3200 or you may contact me directly at (949) 644-3249, mnova@newportbeachca.gov. Sincerely, ro'� Ma ana V0va Assistant Planner JWC/mkn Tmplt:-10/10/14 53 RESOLUTION NO. 1966 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2014- 014 AUTHORIZING A PARKING MANAGEMENT PLAN, A PARKING REDUCTION, AND OFF-SITE PARKING FOR LIDO MARINA VILLAGE (PA2014-002) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lido Group Retail, LLC, with respect to Lido Marina Village located at 3636 Newport Boulevard, 3418-3444 Via Lido, 3400-3450 Via Oporto, and 3431-3505 Via Oporto requesting approval of a conditional use permit for a parking reduction, parking management plan, and off-site parking. The properties are legally described as a portion of Lot 2 of Tract 1117, Lots 1 through 9 of Tract 1235, and Lots 1112 through 1125 of Tract 907. 2. The applicant requests a conditional use permit for a reduction in on-site parking requirements in conjunction with the renovation of uses within a shopping area known as Lido Marina Village. The requested reduction in on-site parking requirements is based upon anticipated parking demand over time taking into account the various uses at the site. The proposal also includes a parking management plan (PMP) pursuant to Section 20.40.110 (Adjustments to Off-Street Parking Requirements) and off-site parking pursuant to Section 20.40.100 (Off-Site Parking). 3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water Related). 4. The subject property is located within the coastal zone and the Coastal Land Use Plan category is MU-W (Mixed-Use Water Related). 5. Use Permit No. UP1636 was approved in 1972 and authorized the construction of a public parking garage that exceeds the basic height limit within the 26/35 foot height limitation zone, and the acceptance of an Environmental Impact Report (EIR/NB 72-020). 6. A Parking Demand Analysis dated November 14, 2014, was prepared by Linscott, Law, & Greenspan, on behalf of the applicant, to determine the specific parking needs of the center. 7. A public hearing was held on December 4, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. The Planning Commission voted to continue the item to the December 18, 2014, meeting. Planning Commission Resolution No. 1966 Page 2 8. A public hearing was held on December 18, 2014, in the Council Chambers at 100 Civic Center Drive, Newport Beach. The meeting was continued to a date certain from the December 4, 2014, Planning Commission meeting. 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. The proposed project is a parking reduction and PMP associated with the renovation and re-occupancy of an existing 112,029 square feet commercial area (Lido Marina Village). Interior and exterior changes to the existing commercial buildings are largely cosmetic, necessary repair and maintenance, or seismic upgrades. The gross floor area will not be increased and a maximum of 430 square feet of existing commercial floor area will be converted from retail uses to restaurant uses and approximately 3,127 square feet of additional outdoor dining areas will be located adjacent to existing commercial buildings. With the implementation of the proposed PMP, parking necessary to meet actual parking demand will be provided by a combination of on-site parking and off-site parking consistent with Section 20.40.100 (Off-Site Parking). 2. The project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15303 (New Construction or Conversion of Small Structures). This Section exempts the construction and location of limited numbers of new, small facilities or structures (up to 10,000 square feet in area) and the conversion of existing small structures from one use to another where only minor modifications are made to the interior or exterior of the structure. Additionally, the proposed project is exempt from pursuant to Section 15301 (Existing Facilities). This section exempts interior and exterior alterations and small additions to existing structures when the changes involve a negligible or no expansion of existing uses. SECTION 3. FINDINGS. The existing parking structure was constructed pursuant to Use Permit No. UP1636 (as approved on December 14, 1972). The parking structure is in substantial conformance with UPI 636 and requires no amendment. The request to modify parking is considered a substantial change where this Conditional Use Permit shall supersede UPI 636. In accordance with Section 20.40.110.6.1 (Reduction in Off-Street Parking) of the Newport Beach Municipal Code), the following conditions are set forth for the parking reduction and PMP: Finding: A. The applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on- street parking available, greater than normal walk in trade, mixed-use development). 55 Planning Commission Resolution No. 1966 Page 3 Facts in Support of Finding: 1. A Parking Demand Analysis dated November 14, 2014, prepared by Linscott, Law, & Greenspan, concluded that parking demand for the renovated Lido Marina Village can be accommodated within a combination of private and public spaces in the immediate area for most of the planned uses. The Parking Demand Analysis includes two partial occupancy scenarios referred to therein as Scenario A and Scenario B (attached as Exhibits C and D to this resolution) where only portions of the vacant spaces in Lido Marina Village could be leased and occupied and parking demand would be observed to see if additional parking intensive uses could be accommodated given limited parking resources within Lido Marina Village. If not, the applicant will be required to secure off-site parking, consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code in order to be allowed to occupy further building area. 2. Parking within Lido Marina Village includes a multi-level parking structure, parking within Central Avenue, Via Oporto (planned), and along the north side of Via Lido. All of these spaces are within a convenient distance to the uses they serve. The most remote spaces are located within 650 feet of the most remote uses; however the majority of the spaces are located within the parking structure and are located within 300 feet of uses. 3. The parking demand analysis is reliant upon modifications to the pedestrian and parking areas within the Central Avenue and Via Oporto rights-of-way. The parking demand analysis, proposed right-of way improvements, modifications to the Lido Marina Village parking structure, and proposed valet operations plan have been reviewed and found convenient, safe and effective by the City Traffic Engineer. Finding: B. A parking management plan (PMP) shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). Facts in Support of Finding: 1. The applicant has provided a PMP dated November 13, 2014, and prepared by LAZ Parking. The PMP provides a comprehensive strategy to manage the existing parking structure in Lido Marina Village including: valet operations, improvements to facilitate increased mobility for bicycles, pedestrians, & boats, the provision for future off-site parking when parking demand exceeds on-site supply, and limits on uses which generate higher parking demand. The Parking Demand Analysis includes two partial occupancy scenarios where only portions of the vacant spaces in Lido Marina Village would be leased and occupied and parking demand would be observed to see if additional parking intensive uses could be accommodated given the limited parking resources within Lido Marina Village. If not, the applicant will be required to secure off- site parking, consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code. Planning Commission Resolution No. 1966 Page 4 In accordance with Section 20.40.100 (Off-Site Parking) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: C. The parking facility is located within a convenient distance to the use it is intended to serve. On-street parking is not being counted towards meeting parking requirement. Facts in Support of Finding: 1. The Planning Commission shall review any proposed off-site parking locations to ensure that they are located a convenient distance from Lido Marina Village. If the distance necessitates it, a shuttle service will be provided for employees or patrons. 2. Fifty four (54) public and municipal metered spaces are available within Lido Marina Village with the planned improvements within the Central Avenue and Via Oporto public rights-of-way. These spaces do not contribute to satisfying the off-street parking requirement for Lido Marina Village; however, these public spaces will likely be utilized by visitors to Lido Marina Village due to proximity. The public spaces will remain available to the public and will not be controlled by the applicant. Finding: D. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1. The Planning Commission and City Traffic Engineer shall review any proposed off-site parking locations to ensure that they are located and operated to avoid undue traffic hazards or impacts to surrounding uses prior to implementation. Prior to the approval of any off-site parking lot, notice shall be provided to residents, businesses, and property owners within 300 feet of the proposed parking lot. Finding: E. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. Recorded or other binding agreements shall be provided to demonstrate that parking will be available to serve the uses within Lido Marina Village when the project demand requires. Planning Commission Resolution No. 1966 Page 5 2. Off-site parking for marine entertainment and excursion services may be provided at an off-site parking consistent with this Conditional Use Permit and Section 20.40.100 (Off-Site Parking) of the Zoning Code. 3. Appropriate signage shall be provided, indicating the availability of any off-site parking provided, subject to the review of the Community Development Director. 4. Off-site parking will be provided in accordance with Section 20.40.100 (Off-Site Parking). In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: F. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) land use designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. Although Lido Marina Village does not include residential uses, the proposed mix of retail, marine-related commercial, service commercial, office, and restaurant uses are consistent with the MU-W2 (Mixed-Use Water Related) land use designation of the General Plan. 2. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis under the proposed Parking Demand Analysis and Implementation of the proposed PMP will ensure that an adequate supply of parking is provided for Lido Marina Village based upon the shared use of parking within Lido Marina Village and future off-site parking for patrons or employees when parking demand warrants it. Any future off-site parking must meet the conditions of Section 20.40.100 (Off-Site Parking) of the Zoning Code to ensure the parking is convenient and available when it is necessary while minimizing other conflicts or nuisance to surrounding properties. 3. The project site is not located within a Specific Plan area, Finding: G. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 58 Planning Commission Resolution No. 1966 Page 6 Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) zoning district applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor- serving commercial and residential dwelling units on the upper floors. The proposed mix of retail, marine-related commercial, service commercial, office, and restaurant uses are permitted or conditionally permitted in the MU-W2 (Mixed-Use Water Related) Zoning District. 2. The existing development within Lido Marina Village is nonconforming to the 0.5 Floor Area Ratio (FAR). The proposed renovation of the existing structures will not result in increases to the existing gross floor area and resulting FAR. 3. The proposed parking reduction and PMP are consistent with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the Zoning Code based upon the findings contained within this resolution and implementation of the conditions of approval. 4. Off-site parking may be required and must be found consistent with Section 20.40.100 (Off-Site Parking) if it is required by the parking demand study for the implementation of Occupancy Scenario A or B (provided as Exhibits C and D to this resolution). Finding: H. The proposed project is consistent with applicable policies of the Coastal Land Use Plan that require public access to and along the waterfront. Facts in Support of Finding: 1. The project will include an improved public waterfront walkway no less than 6-feet wide, but preferably 10-feet wide across the entire project site 3400-3450 Via Lido. Public access between Via Oporto and the waterfront walkway will be provided by a minimum of three separate public walkways that will also be 6 feet in width. 2. The walkways will be improved and provided prior to issuance permits for outdoor patios in the existing public easement as identified in the approved PMP. 3. All public walkways will be open to the public at all times and appropriate coastal access signage will be provided. Finding: I. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. �9 Planning Commission Resolution No. 1966 Page 7 Facts in Support of Finding: 1. The Lido Marina Village commercial area has been operating from its current location in Lido Village since the early 1970's and has been compatible with the commercial, institutional, and residential uses in the Lido Village area. The site has been operating with a significant number of vacancies for quite some time and revitalization of the area has been a priority of the City for a number of years. As a result, the City adopted the Lido Village Design Guidelines in 2012, to guide property owners toward making improvements to promote revitalization and compatibility. The proposed parking reduction and PMP will allow for the re-occupancy of Lido Marina Village with uses consistent with the General Plan and Zoning Code in an orderly way while ensuring that parking meets actual parking demand overtime. 2. Lido Marina Village is a developed site. The applicant is not seeking any additional building area; however, the proposed changes in uses and the provision of exclusive restaurant dining areas will increase required parking as identified by the Zoning Code. Lido Marina Village will provide 368 private parking spaces and 54 public parking spaces for visitors to the area with the implementation of the proposed PMP. The PMP is a comprehensive parking management solution that includes additional off-site parking consistent with the requirements of the Zoning Code, should it prove necessary in the future as Lido Marina Village is re-occupied. As a result, the project site, with the implementation of the PMP, is physically suitable for the proposed mix of uses planned as parking will be supplied to meet actual parking demands. 3. This is an existing mixed-use district that is compatible with other commercial uses in the area. The restaurant uses included within Lido Marina Village will serve visitors, area businesses, and residents in furtherance of the City's Coastal Land Use Plan and the Coastal Act. 4. Adequate lateral and vertical public access, consistent with Coastal Land Use Plan policies, will be provided to Newport Bay as required by the conditions of approval. Finding: J. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The facts in support of Finding F support this finding and are incorporated by reference. 2. Emergency access to and through Lido Marina Village is currently provided from Central Avenue, Via Lido, and Via Oporto. Fire access driveways and fire hydrants are currently provided and proposed changes to the rights-of-way have been reviewed and �D Planning Commission Resolution No. 1966 Page 8 approved by the City Traffic Engineer and Fire Department as being safe, convenient and adequate to provide public and emergency vehicle access. 3. Lido Marina Village is presently served by public services and utilities and the overall renovation of the site involves very limited intensification that can be accommodated by existing public services and utilities. 4. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and any restaurant uses will be reviewed by the Orange County Health Department. Finding: K. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The facts in support of findings A through G support this finding and are incorporated by reference. 2. The renovations to Lido Marina Village should have a positive impact on the area and may promote further revitalization of commercial properties in the Lido Village area. Potential restaurants within Lido Marina Village will require either a subsequent Minor Use Permit or Conditional Use Permit or an amendment to existing permits that will provide a public review process to ensure that the parking for said uses are consistent with the PMP and parking demand analysis. Additionally, the process will ensure that these uses will be compatible and not detrimental to the neighborhood or City. 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots, during business hours, if directly related to the patrons of the district. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2014-014 (PA2014-002), subject to the conditions set forth in Exhibit "A", which is attached hereto and incorporated by reference, to replace and supersede Use Permit No. 1636. As a result, Use Permit No. 1636 is hereby rendered null and void. C1 Planning Commission Resolution No. 1966 Page 9 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF DECEMBER, 2014. AYES:BROWN, HILLGREN, KOETTING, LAWLER, MYERS AND TUCKER NOES: ABSTAIN: ABSENT: KRAMER BY: � 2i:2 Larry Tucker, Chair-man/ BY:71 ?a0yer , Se retary 02 Planning Commission Resolution No. 1966 Page 10 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO, UP2014-014 1. Parking at Lido Marina Village is intended to operate in an integrated manner under one permit. Therefore, each portion of subject property shall comply with the approved Parking Management Plan (PMP) dated November 13, 2014, prepared by LAZ Parking, and any amendments to the PMP shall be reviewed and be approved by the Community Development Director with notice on the Planning Commission agenda prior to expiration of the appeal period for decisions of the Community Development Director. 2. In no case shall higher intensity land uses (e.g. restaurant and nail salon that have a higher parking requirement than the base retail rate) exceed the maximum gross floor area of uses identified the Land Use Summary dated November 3, 2014, attached as Exhibit "B" to this resolution. 3. Conditional Use Permit No. UP2014-014 (PA2014-002) authorizes a parking reduction from what would otherwise be required by the Zoning Code and establishes the maximum intensity of uses within Lido Marina Village that may be allowed. This Use Permit does not authorize further conditional use permits or minor use permits for any other activity where the Zoning Code requires said permits. 4. Prior to the approval of permits for uses in excess of Occupancy Scenario A or Occupancy Scenario B as shown in Exhibits C and D, attached, the applicant shall submit a new Parking Demand Analysis prepared by a qualified traffic consultant or traffic engineer that identifies expected parking demands for the remainder of unoccupied spaces within Lido Marina Village for review and approval by the City Traffic Engineer and Planning Commission. If the approved study does not show that sufficient parking is available within Lido Marina Village to serve said uses, the applicant may secure off-site parking to meet anticipated parking demands. Off-site parking shall be reviewed and approved by the City Traffic Engineer and Planning Commission prior to the implementation of Occupancy Scenario A or B and shall be consistent with Section 20.40.100 (Off-Site Parking) of the Zoning Code. Prior to the approval of any off-site parking lot, notice and an opportunity to comment shall be provided to residents, businesses, and property owners within 300 feet of the proposed parking lot. In the event that the right to use any off-street automobile parking spaces provided for in an offsite parking agreement ceases for any reason, the applicant shall immediately notify the Community Development Director of the loss of such offsite parking spaces. Upon notification that the agreement for any of the required off-site parking has terminated, one of the following shall occur within 60 days of the date applicant was obligated to so notify the Community Development Director: (a) Substitute parking is provided that is acceptable to the Director; (b) The size or capacity of the use is reduced in proportion to the off-site parking spaces no longer available; (c) The applicant submits to the Director a new or amended Off-Site Parking Agreement, giving the applicant the use of at least the same number of parking spaces as were originally covered by the off-site parking agreement. o3 Planning Commission Resolution No. 1966 Page 11 5. If off-site parking is secured and made available for patron use, the applicant shall provide appropriate signage indicating the availability and location of the off-site parking to the satisfaction of the Community Development Director. 6. Prior to the issuance of occupancy for restaurants within Lido Marina Village, the existing triple tandem parking spaces on fifth level of the parking structure shall be shall be removed. The parking structure shall provide a minimum of three hundred forty five (345) parking spaces and 13 tandem parking spaces. 7. Valet parking operations may be provided and shall be conducted consistent with the PMP or as otherwise authorized in writing by the City Traffic Engineer. Valet parking service shall be provided when parking demand is expected to exceed 85 percent utilization of the parking structure. 8. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs Standards) of the Newport Beach Municipal Code. The applicant shall install and maintain appropriate public access signage for all public walkways. The size, location, and message of said public access signs shall be subject to the review and approval of the Director of Community Development. 9. 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 Division. 10. Fair share traffic fees apply for the addition of new exclusive outdoor dining patios and additional use intensity within Lido Marina Village. The applicant will be credited for existing uses and the loss of any gross floor area. Fair share fees shall be applied in accordance with the current fee schedule that is effective at the time each building permit is issued. 11. Should the property be sold or otherwise come under different ownership or control, 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. 12. A Special Event 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. 13. Conditional Use Permit No. UP2014-014 (PA2014-002) shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060.A (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. Planning Commission Resolution No. 1966 Page 12 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. The project 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. 15. This Conditional Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 16. To the fullest extent permitted by law, the 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 Conditional Use Permit No. UP2014-014 (PA2014- 002), the including, but not limited to the Lido Marina Village PMP, valet parking, any future off-site parking agreements, all non-standard or private improvements within the public right-of-way, and encroachments within any easements or access walkways. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 17. Adequate lateral public access along the entire project waterfront (3400-3450 Via Lido) shall be provided and maintained consistent with Coastal Land Use Plan policies. The walkway shall be a minimum of 6 feet in width but preferably 10 feet wide or more. Minor encroachments may be permitted into the existing public access easement with the approval of a Public Works encroachment permit, provided adequate access will be maintained. The final location, width, design of the walkway shall be reviewed and approved by the Harbor Resources Division and Community Development Director. Public access to the waterfront walkway shall be maintained at all times. 18. A minimum of three vertical public walkways shall be maintained between Via Oporto and the lateral public access walkway along the waterfront, consistent with Coastal Land Use Plan policies. The walkways shall be a minimum of 6 feet in width but preferably wider. Minor encroachments may be permitted by the Community Development Director provided adequate access will be maintained. The three public walkways shall not be gated or otherwise blocked and shall be open for public access at all times. 05 Planning Commission Resolution No. 1966 Page 13 a. One walkway shall be provided and maintained at 3448 Via Oporto (APN 423-123- 04). b. The second walkway shall be provided and maintained between 3424 and 3432 Via Oporto (APN 423-123-06) where an existing public access easement is currently located. c. The third walkway shall be located at 3400-3420 Via Oporto (APN 423-123-07) with the final location to be reviewed and approved by the Community Development Director. 19. Off-site parking for marine entertainment and excursion services may be provided at off-site parking locations with this Conditional Use Permit and Section 20.40.100 (Off- Site Parking) of the Zoning Code. 20. For existing fire access roadways, the minimum street width shall be 20 feet, with no parking on either side. The width shall be increased to 26 feet within 30 feet of a fire hydrant, with no vehicle parking allowed on either side of the street. Existing nonconforming conditions may remain until such time when the project site is redeveloped and all nonconformities shall be removed. No new structures will be allowed within fire access roadways without the prior review and approval of the Fire Department. 21. Where areas of no parking are required due to access and roadway widths, "No Parking" signs and/or red curbing will be required and must comply with Newport Beach Fire Department Guideline C.02. 22. Valet drop-off and pick-up may be conducted in designated parking spaces along the Via Oporto curb and shall not be conducted in fire access roadways. 23. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 24. All improvements subject to an encroachment agreement or encroachment permit shall be constructed as required by Ordinance and the Public Works Department. 25. An encroachment permit shall be required for all work activities or development within the public right-of-way, any public easements, on City-owned utilities or City-owned property. 26. All non-standard or private improvements within Via Lido, Central Avenue, and Via Oporto (between Via Lido and Central Avenue) shall be reviewed and approved by the Public Works Department and City Council. An updated encroachment agreement and permit shall be completed for non-standard or private improvements prior to installation. 00 Planning Commission Resolution No. 1966 Page 14 27. Prior to final inspection of encroachment permits for work within Via Lido, Via Oporto, and Central Avenue, the applicant shall remove and replace any damaged concrete curb, gutter, sidewalk, or roadway per City Standards. Limits of repair or reconstruction shall be determined by the Public Works Department. 28. All parking spaces shall comply with City Standard #805-L-A&B. In addition, parking spaces and parking aisle widths within the parking structure shall comply with City Standard #805-L-A&B. 29. All improvements shall comply with the City's sight distance requirement, City Standard #110-L. 30. This conditional use permit supersedes Use Permit No. UP1636, except this Use Permit continues to authorize the existence of a public parking garage that exceeds the basic height limit up to 35 feet in height. Lido Marina Village Floor Area Summary 11/3(2014 Use Existing Demo Addition New Rate Parking GRA%Total Net change Retail 36598 to take-out limited,nail salon and Market-3530-1467-12,071 9,146(from h&f,boat rentals,nail salon&restaurant) 28,676 1/250 gross 114.7 0.26 -7,922 Market 0 0 12,071 12,071 1/250 gross 48.3 0.11 12,071 Take-Out Limited 0 0 3530(from retail) 3,530 1/250 gross 14.1 0.03 3,530 Office 30,217 0 0 30,217 1/250 net 120.9 0.27 0 Restaurant 23566 to retail,outdoor dining area and demo.2,626 3,056(from boat rentals&building revisions) 23,996 1/40 npa 246.7 0.21 430 Outdoor Dining" 3223 0 3,127 5,463 1140 npa(-25%inpa) 74.9 0.05 2,240 Nail Salon 263 to retail-263 1,467(from retail) 1,467 1/80 gross 18.3 0.01 1,204 Health and Fitness'*' 14027 to retail-1,955 0 12,072 1/200 gross 60.4 0.11 -1955 Boat Rental and Sales 7,358 to retail and restaurant-7,358 0 0 1/350 gross 0.0 0.90 -7,358 Marina 47 -4 0 43 0.75/slip 32.3 N/A -4 TOTAL 112029 -27,120 27,120 112,029 TOTAL Including Exclusive 115252 -27,120 30,247 117,492 730.5L 30.5 1.00 Outdoor Dining NETCHANGE 1 1-1085 1,085 0 0 'exclusive dining areas only,Existing nonexclusive dining 887 sq it -New restaurant area includes building revisions 1,085 sf '*"Curl CUP to be amended -'assumes Electra boats will be parked off-site with an LTP Parking Available Parking Source Existing New Total Street Parking 46 181 64 Parking Structure 1 362 -41 358 TOTAL 1 4081 141 422 Exhibit "Brr: Land Use Summary �8 TEASEWERT 11974 I _r _ p$42 sf _216 sf r 228 sfi 25,sy r I 75�- i 762 sf 865 sf� �825sf� 110188T345 . �•. • !'. 2310 s.f. I ,� - k, i •«t .? _ S 113,7 sl] _1147 s1 I ! 1248 d 7251 n< H KS / I ))) Of r �� L_I 101)(4- • • • 2244 s.f �� -, 2171 sf �15 �1039 1626 std`' Il.. ,532 Sf — �— Lw J w 1063 sf i _-16399- t9�' "_`�_l C VIA OPORTO 3131MOPM .. I10 O 2825 sf 2985 sf ~' SITE SUMMARY n C 1955 sf GROSS BUILDING AREA > m 4 RETAIL 27.235 W e FOODSERVICE 8,075 fn --I 2575f _ RESTAURANT PATIO 3,253 M0 \v \' OFFICE 30,217 sf > 28928f 3418 NA 1100 \ �1 NAIL SALON 1467 sf O =3 /- 1971's'f r• `^ HEALTH&FITNESS 12,072 sfD o 3121V[AUDO 785 sr �`l TAKE OUT F&B 3,530 sf 3 .. / 816 sf ` _ �OV MARKET 12,071 sf N 3191 VIA 1100BUILDING REVISIONS O �' (FOOD SERVICE) 1,085 sf G�FG TOTAL WILDING 97.293 y5p (Fk POD) _3 0 O Scenario A-3450 Via Oporto to 3tgMUDO remain vacant: � Restaurant to remain Represents floor area to remain -0 Z • vacant under the occupancy m o vacant-14,836 sq. ft. scenario until a new parking m • Patio to remain vacant- demand analysis is provided rn 2,210 sq.ft. demonstrating sufficient parking • Retail to remain vacant- is available. 1,541 sq. ft. O9 . . 1316 sf _._ 7E45E1@M .�u N•,V oe• 1197 sf I i ♦ �- 8Y28B( -rMi� 75651 762 sr o,e,, -� 7988•.1. f, _ 2310 s.l. LOIIGE • U V ✓_. �, •.e—f 11�375v(OsJ 1147 I I 1218�s1 —j2;A diELKS 10394f 2244 s.f. 15s L26 aJ1541J VIA OPORTO 34311MOPORTO IL ' 7121 MOP(M00 e.lip •�,� '2025 5f 2505 sr `r +9555( SITE SUMMARY O 3636 Newport • r RetailTenants GROSS BUILDING AREA Boulevard 7,j.69 sq ft n C:973-sqft RETAIL 7,16g rn l2515 sf (� FOOD SERVICE 17.904 n 2 RESTAURANT PATIO 1,995 C W \ 2892 sf 3119WAIDO [ m OFFICE 30,217 s� O D NAIL SALON 1467 sf! Z m </ 785 sr 312/NAIdO Q� ® HEALTH BFITNESS 12,072sf1 TAKE OUT F&B 3,530 sfl 07 0 it 'i• 2646 s _ MARKET 12,071 sf! 3 �� i BUILDING REVISIONS (FOODSERVICE) 1,0655(1 N. ✓ TOTAL BUILDING 8 (1k paw) 5,515 i"...> `. W4VK DO N Represents floor area to remain o Scenario B: vacant under the occupancy E • Restaurant to remain scenario until a new parking 3 vacant-5,007 sq. ft. demand analysis is provided -0 Z • Patio to remain vacant- demonstrating sufficient parking fo 1,574 sq ft is available. C rn • Retail to remain vacant- V O7 7,169 sq.ft. jO Attachment No. PC 6 Police Reporting Districts Map 71 V� QP �P eJ 1 NMI MEONE -- _ , .�� + � z ill► ��w{ • V" td1 wU .y A•, - � I V� QP �P Attachment No. PC 7 Police Department Crime and Alcohol- Related Statistics 75 V� QP �P NEWPORT BEACH POLICE DEPARTMENT Heyy "T m� .. CrL"t&Ana.lybi k UnW S Chief lay R.Johnson 870 Santa Barbara Drive- Newport Beach -CA 92660-949.644.3791 2014 CRIME AND ALCOHOL-RELATED STATISTICS Calls For Crimes Arrests Citations ABC Info Service Part I Crimes Part 11 Crimes Crime Rate All Arrests DUI Public Liquor Law Alcohol Active License Per Intoxication Related Licenses Capita Subject: 0 0 not oppbcoble 0 0 0 0 0 not opplkable Subject RD: 9,225 182 618 6,518.62 . 668 102 302 6 360 75 37 RD15 Adjacent RD: 4,043 68 160 71 162 13 62 0 106 6 275 RD13 Adjacent RD: RD16 4,274 75 201 3,169.91 207 4 217 6 394 RD2.S , 4 000 78 119 9 4 0 6 36 78 Adja n Newport Beach 97,838 2,067 3,572 2,421.06 3,151 496 691 16 1,090 450 189 California not available 1,210,409 not available 3,249.08 - 5,904 not available 82,597 451 National not available 10,189,900 not available 3,300.42 12,408,899 1,215,077 534,218 500,648 not ovulluble notopplicable notopplicable Summary for Nobu at 3450 Via Oporto (RD15) In 2014,RD15 had a total of 800 reported crimes,compared to a city-wide reporting district average of 148 reported crimes. This reporting district is 652 crimes,or 441%,OVER the city-wide average. The number of active ABC licenses in this RD is 75,which equals a per capita ratio of one license for every 37 residents. Orange County averages one license for every 494 residents and California averages one license for every 451 residents. This location is within an RD that is OVER the Orange County and OVER the California per capita averages of ABC licenses. Part I Crimes are the 8 most serious crimes as defined by the FBI Uniform Crime Report-Homicide,Rape,Robbery,Aggravated Assault,Burglary,Larceny-Theft,Auto Theft,and Arson. This report reflects City of Newport Beach raw crime data for 2014, through December 31,before unfounded crimes are removed. California and Notional crime figures are based on the 2012 Uniform Crime Report, which is the most recent edition. Crime Rate refers to the number of Part 1 Crimes per 100,000 people. Number of Active ABC Licenses is the total of all types of retail licenses known to the NBPD as of the date of this document. All Population figures token from the 2010 US Census. ..9/29/2015 Additional Information Highest Volume Crime in Calls for Service RD15 at i Via Oporto Vandalism o 0 0 0 Simple Assault 0 0 0 0 0 0 0 0 Highest Volume Crime in 0 0 0 0 •D 0 0 0 0 Simple Assault 0 0 0 0 0 0 0 0 0 0 0 0 Highest Volume Crime in 0 0 0 0 'D 0 0 0 0 Residential Burglary 0 0 0 0 Vandalism 0 0 0 0 Highest Volume Crime In RD25 Burg/Theft From Auto Attachment No. PC 8 Police Department Memorandum �9 V� QP �P go Ailk NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION 43 MEMORANDUM TO: Makana Nova, Associate Planner FROM: Wendy Joe, Police Civilian Investigator DATE: November 5, 2015 SUBJECT: Studio PCH (Nobu) Conditional Use Permit 3450 Via Oporto Use Permit No. UP2015-040 (PA2015-167) Operator License No. OL2015-006 At your request, the Police Department has reviewed the project application for Nobu, located at 3450 Via Oporto, Newport Beach. Per the project description, the applicant is applying for a conditional use permit with alcohol sales. The requested hours of operation are from 7:00 a.m. to 12:30 Thursday through Sunday, 7:00 a.m. to 1:00 a.m. on Friday and Saturday on the interior, and 7:00 a.m. to 12:00 a.m. daily on the outdoor patio. An Operator License is required due to the late hours with the addition of alcohol. The applicant anticipates acquiring a Type 47 (On-Sale General - Eating Place) Alcoholic Beverage Control license. Statistical Crime Data Attached is a report compiled by Newport Beach Police Department (NBPD) Crime Analyst Caroline Staub, which provides detailed statistical information related to calls for service in and around the applicant's current place of business at 3450 Via Oporto. The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 15 which stretches from 37`h Street to 20th Street. RD 15 is our highest crime area in Newport Beach with significant quality-of-life concerns for the residents, as well as the Police Department. • In 2014, RD 15 had a total of 800 reported crimes, compared to a city-wide RD average of 148 reported crimes • In 2014, RD 15 was 441% over the city-wide average of reported crime • In 2014, RD 15 had 668 total arrests • Of those arrests, 102 were for Driving Under the Influence (DUI) and 302 were for Public Intoxication • 60% of arrests in that area are directly related to alcohol 21 Nobu U P2015-040 The Police Department understands the demographics and crime problems within RD 15 vary greatly by neighborhood, and that Lido Village may be poorly represented by the whole. We note the crime statistics of the entire reporting district because our resources are responsible for policing the entire area. Each neighborhood is affected by the calls for service of another within an RD. Due to the recent construction in the areas adjacent to the proposed restaurant space, it is difficult to determine the crime issues of the Lido Village neighborhood, or what the potential crime problems in this neighborhood will look like once all businesses are occupied. Over-Saturation and Public Convenience or Necessity The applicant premise is located within census tract 0635.00. This census tract has an approximate population of 6,342 with 61 on-sale licenses. That is a per capita ratio of 1 license for every 104 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's per capita ratio of 1 license for every 737 residents. This location meets the legal criteria for undue concentration. • RD 15 has 75 on-sale ABC licenses ® RD 15 is over the Orange County per capita ratio of 1 to 494 • RD 15 is significantly over saturated with a total per capita ratio of 1 license for every 37 residents Public Convenience or Necessity (PCN) is a tool utilized by the Department of Alcoholic Beverage Control (ABC) and local governing authorities to circumvent undue concentration. The subject establishment must be a public convenience or a necessity to the surrounding community. While there is no definitive or uniform guideline defining the application of PCN, local authorities can utilize this outlet in order to interject formal say into the state liquor license process. PCN for a type 47 license will be determined by ABC. Comments and Recommendations The Police Department anticipates the entire development project on Via Oporto will be successful. The area will undoubtedly become lively which may carry with it some potential crime problems and quality of life concerns. Our goal is to draw from our public safety experience and mitigate these potential problems from the start. The Police Department has discussed security concerns with the applicant and we are currently working together to build a security plan for the establishment. A detailed security plan must be submitted by the applicant and approved by the Police Department prior to approval of an Operator License. This security plan will act as an amendment to the Operator License. Any changes to the security plan must be submitted to the Police Department. The Police Department has no objections to the restaurant; however we have concerns that we request City Staff and the Planning Commission address. • The proposed closing time is 1:00 a.m. on the weekends. It is our experience that a late night closing time such as this lends itself to over-service and potential alcohol-related crime problems. We request the Commission condition the hours of operation to a 12:30 a.m. closing time with a 12:00 a.m. last call daily in order to maintain a restaurant 2 22 Nobu UP2015-040 atmosphere as opposed to a bar atmosphere. In the same regard, we recommend food service be made available until last call. • The Police Department also recommends the installation of security cameras with a one- month recording retention. It is our experience that cameras in conjunction with proper signage will not only deter, but help us to solve crime. • The applicant has requested live entertainment 6 nights a year, dates to remain flexible. The Police Department recommends the applicant give notice to Civilian Investigator Wendy Joe at least 24 hours in advance. • Noise may be a potential problem for this space given the expansive outdoor patio area. There is one residential building across the waterway at 3121 Coast Hwy. The Police Department suggests exterior ambient music be kept low, in strict accordance with our municipal code. Restaurant music should not be heard from the neighboring businesses. CONDITIONS OF APPROVAL Police Department has determined the following conditions would be appropriate for the business: 1. The business shall comply with Title 20 (Zoning Code) and any other applicable provisions of the Newport Beach Municipal Code. 2. The approval is for the operation of Nobu, a food service, eating and drinking establishment with late hours, outdoor dining, and on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On-Sale General) Alcoholic Beverage Control License in conjunction with the restaurant as the principal use of the facility. 3. The applicant shall comply with all other conditions of approval set forth by Use Permit No. UP2015-040. 4. There shall be no dancing allowed on the premises. 5. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's, and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 3 g3 Nobu UP2015-040 i 6. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 7. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 8. 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. 9. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 10. Food service from the regular menu must be made available to patrons until 30 minutes prior to closing. 11. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business 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. 12. 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. 13. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City._ 14. 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. 15. Strict adherence to maximum occupancy limit is required. 16. No exterior amplified music, public address speakers, outside paging system, loudspeaker, sound system, or other noise generating device shall be utilized in conjunction with this restaurant. 17. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. 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. 4 Nobu UP2015-040 If you have any questions as to the content of this memorandum, please contact Civilian Investigator Wendy Joe at 949.644.3705 or wjoe@nbpd.org. gWendoe vilian Investigator, Special Investigations Brad Miler Sergeant, Special Investigations Jay Short Lieutenant, Detective Division S O�-m37- Jon Lewis Deputy Chief 5 25 V� QP �P g� Attachment No. PC 9 Nobu Security Plan 27 V� QP �P gg ?VOBU Newport Beach Security Plan E Investigative&Protection Services Ca License# 17646,28115 800-429-5010 Nobu Newport Beach ,with an address of Via Oporto,Newport Beach , Ca 92663, Agency Personnel The AGENCY will provide agents (2)with specific training and experience related to the clients business. The majority of the Agencies staff will comprised of former law enforcement personnel with the appropriate state licensing and training as outlined in the California Bureau of Security and Investigative Services/Department of Consumer Affairs guard cards . The Client may request a personnel change at their sole discretion. Agent Post Order of Operation The agents will adhere to all standing orders policies and procedures outlined by the Client, such as Emergency Action Plans(described below), general liability protocol and any activity or behavior deemed inappropriate, disruptive or unsafe to the Client and or its guest. Physical security is a major part of the work in this modern environment.The Agency will provide a professional evaluation of the establishment/property technical security posture and normally will consist of a thorough visual and physical examination in and about the surveyed location, as defined in this plan. Number/Utilization of Security Personnel For live music events, one in-house security person for each 50 patrons shall be on duty. All security personnel shall be attired in a manner to readily identify them as such. From the time a live music event ends and for 30 minutes thereafter, one-half of all security personnel shall be stationed outside the premises to assist and encourage patrons to leave safely. For live events,pre-sale and day-of-sale ticket sales shall not exceed capacity. Security staff shall regularly patrol both the women's and men's bathroom facilities. Hand-held counters shall be used by staff at the entrance at all times when open. Control& Clearance of Parking Lot Video cameras mounted to cover the entrance, exits and entire premises. Digital Video will be made available upon request to the Newport Beach Police Department. Security staff shall regularly patrol the immediate exterior of the building at least once every half-hour, doing so on a random basis. Licensee shall conspicuously post in its parking lot area the following signage: No Trespassing/Loitering. California Penal Code Section 602.1 (a),makes it unlawful for any person refusing to leave the premises of the business after being asked to leave the premises. Any violator will be subject to a penalty up to 90 days in jail or$400 fine. Newport Beach police officers are authorized to arrest any person violating this provision without any further additional warning or notice to you. If you are not a patron or not here on official business with the owner or the owner's agent, or you are a patron,but you are loitering in the parking area, leave the parking area immediately. Unruly Patrons Licensee will familiarize all security staff with provisions of California Penal Code Section 415. Newport Beach Ordinances Section 10.66.0 10 definition,the unruly patron ordinance.When a patron acts in a manner that is violent, abusive,indecent,profane, boisterous, or otherwise disorderly, licensee will immediately contact the police and request that the police invoke the g9 7VOBU Newport Beach Security Plan provisions of the ordinance. Patrons who are Intoxicated Licensee,its agents,and employees, may not sell, dispense, or give away alcohol to any person who is under the influence of alcoholic beverages at that term nor shall such a person be permitted on the premises. When a customer has been"cut off,"the server will notify the other employees. Management will support the server's decision to terminate service to any customer. If a customer is too impaired to drive safely, licensee will try to persuade the customer not to drive,and arrange for a safe ride. If the customer refuses,management will notify the Newport Beach Police Department with a description of the person and the license plate number of the vehicle, if possible. Patrons Presenting False IDs All identification cards used to prove age must be valid(i.e., may not be expired), and must be government-issued. If the identification card is expired or appears at all questionable to the employee, the employee shall request a second form of identification. The employee shall make sure that the individual purchasing the liquor resembles the identification card.All employees are encouraged to ask purchasers questions relating to their identification in order to verify the information. If the employee checking an ID has a strong suspicion that an ID is false, altered, or belongs to someone other than the person presenting the ID, he/she shall confiscate the ID and turn it over to management,to be presented to the police. Control/Supervision of Patrons under 21 (restaurant applicants) Licensee will request proof of age from any customer who appears to be 30 years of age or younger, and will refuse service to any customer who cannot produce adequate ID. ID will be requested for each person receiving a glass. Separate types of glassware will be used to distinguish alcohol drinks from non-alcohol drinks. Circumstances under which the Police will be called The police will be called, in a timely manner, any time management or staff has information to believe a crime has been or is about to be committed and/or whenever a threat of or act of violence occurs on the premises or off premises in areas that would be considered in view or earshot of the establishment. Handling of Physical Disturbances,including Fights Security or management will ask anyone who is fighting to leave. If necessary, security or management will call the local law enforcement agency for assistance. Licensee will permanently refuse admittance to any chronic problem customer. 9L) AFOBV Newport Beach Security Plan First Floor security station EH,E 0 ELETT TAIR GNI a#Jg fiE ipNBAXRIER � INATEN R 11L6. [Oi D,`9 W UG6GLOORA. R BULD LTRALIEVI NEOFCEIUry0A6V. ? N N NEIDSR FYI F E —RE6TR PO ° iia M ,R.PORDININGlONING 4LC 'i @, REI0.6TEELGOLUMN � m `LC� _ r ® 14 SIIUICIVRPL `. s6' EIA TY I TDCOLVMN9. VP ]1? \ \ 5 5- m.se<.. LLl N. LNE0FS0FTR<8V. k' OIE j LOW WNLAT<6"AFF Entrance i HWQStEES COUNTER® a� IIRE .AFF. pi LOfiRY i' CABINS RNGVIEHERIN 1°p G461NET i 'At HER tl� FIREAL16NTVSIGN 1 1 R 1 i E%TINGUI6HER FIREAVAMETAPON. ______ __________________ E_!____ _____ ____ _ _ 9EEA68°____ • 4p LINEOFPCOF _N INCINE CF °Z ROOF TB 90�IV OxT O oesx - 1 R EMXfI � EF R pIGN.1GG �QUORSTOR ' rd O AT ® MIP UP LOOK — .N,EN L O CWNIERSEFNCK W CE AT 3G' 90 P �- KF. SERVILE BAR COUNTER y HEIGHT AT,,4E- r ✓ /// , sEE DAR DETeILs p^^^!!i oA'' yy �EjWOODLOLUMNS \ ' nx TYF. j� Ey.W i PER STRUCTURAL \ � 4 W �60 LINE OFSOFFIT ABV- DPFFYRHITUREPLANr I YILLWWtR DEFMIB.ALY1 i0 4 ------------------------------------- r KITCHEN NCURTAIN E O 14 9� AFOBV Newport Beach Security Plan Second Floor Security Station �„—OCOLUMNS Tw ----------- fl =' --------- OF-HT 2 u. ter. wo.°. 0„{ 9� Attachment No. PC 10 Lido Marina Village Security Plan 93 V� QP �P 9� NEWPORT BEACH , CA I EST. 1971 LIDO MARINA V I L L A G E Lido Marina Village Security Plan 3424 Via Oporto, Newport Beach, California 91663 112,029 sq.ft. of Boutique Retail, Restaurant, Creative Office, and 47-Slip Marina 95 INTRODUCTION: Lido Group Retail, LLC("Lido Marina Village") understands the importance of being proactive and partnering with the City of Newport Beach in order to create a successful shopping center environment that not only protects the owner's physical asset, but assists the Newport Beach Police Department as well as protects LMV tenants, guests and the community of Newport Beach.To that end, and pursuant to the City's request, Lido Marina Village has created a comprehensive Security Plan for City review. Lido Marina Village employs MPP Security Services as its contracted security service. The agency employs Security Officers who have the appropriate state training and licensing as well as current Guard Cards. SECURITY PERSONNEL: NUMBER OF OFFICERS: Officers patrol the entire Lido Marina Village project.This includes the street of Via Oporto in front of buildings 3400- 3450,the boardwalk where these buildings face the water, restrooms at the 3412/3416 &3242/3432, elevators in the village,the 3700 building,the parking lot in front of the 3700 building,the parking lot between 3636 and 3700,the alley way, parking structure and restrooms, and trash enclosures. The following will be the Shift Schedule: Number of Officers: 2 Shift Hours:4pm-12am Number of Officers: 2 Shift Hours: 12am-7am The first shift of two (2) officers not only handle the routine foot patrol duties for the property but also ensure that Electra guests follow the correct path of travel to and from the Electra boats in a safe manner. Once Electra boat guests come back from their cruise,they will be monitored to make sure they arrive back to their vehicles safely. The second shift of two (2) officers will walk the property from 12pm to 7am. In addition to their regular foot patrol duties, this shift will ensure that there are no trespassers and/or homeless sleeping in the elevators or restrooms throughout the project and that no uninvited guests remain in the parking structure or the property overnight. They will also assist in obtaining rides for intoxicated patrons and will notify the Newport Beach Police Department should the intoxicated patron refuse their assistance and leave the property in an impaired state. UTLTIZATION OF OFFICERS: Retail/Office Patrol: Officers are to patrol the retail shops, office upstairs, and restrooms in the village section of the property. While patrolling they are instructed to observe and report on any buildings for vandalism, damage, and suspicious odors.They are to report any type of this activity immediately to the Lido Marina Management and LMV Engineer.They also monitor and report on all other assigned vendors arriving and leaving the property such as janitorial, awning, sweeping, steam cleaning, and trash collection. Retail Parking Structure Patrol: Officers are to patrol all levels of the parking structure on a regular basis.This includes restrooms at the parking structure, elevator at the parking structure, and stairwells. If a tenant employee (who is assigned to off-site parking) is found parking in the structure, officers are to advise Lido Marina Village Management right away as they may not be authorized to park in the parking structure. /o SECURITY CENTERAL DISPATCH/CAMERA LOCATION: The Security Central dispatch and monitoring room is located in the garage adjacent to the main garage entry off of Via Lido.The parking structure will have six(6) security cameras. These will monitor the vehicles entering and exiting the parking structure. In addition,these will monitor the public leaving the parking structure by foot towards the village, as well as any activity at the fountain. Lastly,the cameras will monitor the parking structure equipment for any damage and vandalism.The footage from the cameras is recorded and can be reviewed for up to 30 days from the incident.Video will be made upon request to the Newport Beach Police Department. INTOXICATED GUESTS: Those that are showing signs of intoxication in the common areas of the Shopping Center will be instructed by Security not to drive their vehicle off property and persuaded to allow the Security Officers to obtain a ride from an outside party to their place of destination.There will be designated area on the project where Security will stay in contact with the intoxicated party until an Uber/Lyft/alterative vehicle can pick them up for a ride home. If the individual or party refuses,Security will notify the Newport Beach Police Department with a description of the individual or individuals and the license plate of the vehicle if possible. UNRULY/TRESSPASSERS: - Security will respond to all reports of a group or of individuals whose behavior has become unruly and unacceptable to the security, safety, of the property, its tenants and guests. Security will first assess the situation to determine the level of danger and then in a calm, non-physical, reasonable manner encourage a diplomatic resolution of the matter with the goal of escorting the individual off the property. However, in the case that the individual or individuals become a danger to themselves, other guests, tenants, or the property, the Newport Beach Police Department will be notified. REPORTING -The purpose of a written or oral report is to communicate the facts of an incident in a timely, concise and accurate manner. A good written or oral report is a representation of an incident exactly as it happened. Written reports preserve the details of the incident for future reference or court presentation. Officers should be specific and make a clear distinction between what was stated or claimed by others and any factual evidence discovered. Reports should include;who did what,when,where, how and when possible,why. These reports are reviewed by the Security Director and Property Management. • DAILY ACTIVITY REPORT/INCIDENT REPORTS: All officers must complete a daily activity report for their shift. In addition, if there are specific incidents such as the ones below, an Incident Report will be written and delivered to management by the end of the Officer's Shift. • Disorderly Conduct/Disturbances/Public Intoxication o Assaults/Batteries— Exterior Premises o Auto Thefts/Attempted Auto Thefts o Burglaries/Attempted Burglaries/External Theft from Motor Vehicles o Robberies/Armed Robberies within Interior Premises o Personal Accident—Injury Slip and Fall-Exterior Premises o Personal Accident—Injury Not Slip and Fall—Exterior Premises o Personal Accident- Property Damage o Vehicle Accident—Injury o Vehicle Accident—Property Damage I 97 EMERGENCY NUMBERS: If a Tenant feels a situation is of a life threatening nature,they have been instructed to call 911. Property or non-injury emergencies are handled by Security and Lido Marina Engineering Staff. Non-Life Threatening Emergency Contacts Noe Espinoza, Lido Engineer 949-514-1249 Quyen Tran, Director of Operations 714-863-9119 Dorothy Augustyniak, Property Manager 949-201-5152 Mary Vu, Assistant Property Manager 714-448-2922 Bella Terra 24/7 Security Dispatch 714-799-7537 SERVICE/DESCRIPTION TELEPHONE Police/Fire/Ambulance 911 Police Department- Non-Emergency 949-644-3681 Fire Department—Non-Emergency 949-644-3106 Animal Control (OC Pest Control) 949-568-8700 Poison Control 800-222-1222 Utilities Electric(SOCAL Edison) 1-800-990-7788 Gas (So. Cal) 1-800-427-2000 Water/Sewer (City Of NB) 949-644-3311 Telephone (Telepacific) 877-487-8722 Hospitals Hoag Hospital Newport Beach 1 Hoag Drive, Newport Beach, CA(949) 764-4624 College Hospital Costa Mesa 301 Victoria St., Costa Mesa, CA(949) 642-2734 CONCLUSION: Lido Marina Village encourages the support of the Newport Beach Police Department in assisting the Security Staff and Management with the well-being, safety and security of the shopping center for the benefit of, its patrons,guests, tenants, invitees,the City and the Community of Newport Beach. 92 Attachment No. PC 11 Restaurant Square Footage Tracking Table 99 V� QP �P soo Lido Marina Village Summary of Restaurants Updated 10/29/2015 Code Required Address Restaurant Tenant Code Parking Rate Parking GFA* NPA** Patio*** Use Permit Operational Notes 3450 Via Oporto Nebo 1/40 sq ft NPA+(Patio-25%NPA)/40 182 12,603 5,150 3,386 UP2015-040(PA2015-167) Type 47,Late Hours,Live Entertainment,Outdoor Dining Patio 3440 Via Oporto Zinque 1/40 sq It NPA+(Patio-25%NPA)/40 67 2,238 1,451 795 UP2015-042(PA2015-178) Type 47,Late Hours,Outdoor Dining Patio LMVTOTALCurrent TOTAL 249 14,841 6,601 4,181 LMVTOTAL Max.to Trigger Parking Study 1 3381 17,9041 10,011 5,463 LMV ISO FT REMAINING 1 891 3,0631 3,9001 1,282 *Total Maximum Restaurant GFA for LMV is 22,911 sq it,total identified in the table triggers a new parking study and PC approval per the Parking Management Program **Net Public Area Maximum is based on prior restaurant net public area research conducted and inmporated into the LMV Parking Study,exceeding this threshold will trigger a new parking study and PC approval ***Outdoor dining patio areas are calculated based on existing entitlements(2,411 square feet plus the code requirement for additional projected patio areas) ****Represents the maximum code required parking anticipated under the LMV Parking Study 202 �� d d� tib, �� j� �O �� ^ 1�/ 102 Attachment No. PC 12 Project Plans 10s V� QP �P �o� PROECT INFORMATION PRO=TEAM .J: -PCH �NINGMOEwEE _� ::m raxTpE ❑❑❑❑ VIA OPORTO ...., CON,Rx R RASEBULDNIGAPellhacTNEWPORT BEACH, CA PLANNING INFORMATION -- - - r .eaccuunuxs cupc—ca ...r LU ". read, »,..,,�.�...,,�..�.a....a.............. �.®,.�<w I. r_rn.. Xl ..m.. ..... ......�.. ., .. ....oxo,. �, `I• �>' _ sEmncs xE sx.cucuunaxs�om,. sono xc xoFEA�ar®. I F. 2 ��' ��.I �� NOBURESTAURANT mre - I m^; m ,..6;r1` 2450 V' Oporto ...i...„.,re.— Newport Beach.CA 92662 PA... xixroxx.nox sEreu._ocu�IamicnFrox•,� Emmy "�}' n..am µ E. muMir�m......... BUILDING DEPARTMENT INFORMATION 1� --ee— E=ZFrl .mx PRO[ECT CONSULTANTS PRO ECT DESCRIPTION Ilae cu FxomEIRUNG E>Fpmicu aucwrimxoPLumBlac mGmEafflau Fnw1 Peca CTGUIMAHP e -T' FOOYfERIICEmwITTaICTURALOGINIReelaNG .rev _ r LGHTNGDOICNICt CODEOTULTEM. VICINIT]MAP Fee NR COVER SHEET v au . PARCEL PROFILE REPORT _ G 0.00 ISSUE FOR CONSTRUCTION DOCUMENT RELE45E CHART SUD2pa-i�^ Y� e..e. m.—w ecu AANIIAIG.1 av7........e�...,._.......s–. llA a�enes.Ru<ruxu. ism vu GENERAL ps STRUMML zm.sn xEEr —N.. ooni GENERA NATER iAVE - asvvlAuwsurtemo oim osuswvrvm[s utwroI ekxx,4nus' ARCNITECTURAL SPCH DRAWINGS Aim _ M __. KA INL ya PROPOSED ZNo cOoPdusi 6w{ NOEU RESTAURANT IA Nl NNN Via.R.pU6m MS➢VIAWDHTSO -LOOP xcr NEWGURTBEACH,CP At. �wwwa aria. I ATF—ERaar=un MECHANICAL ,....-' rNSIGN,E. ELECTRICAL Azm euuauoouuiRtevpi- - ITTu UER REDULDE END `N&RRAN IR KAN AS KAN REARS KAN HE PLUMBING PARKING AND CML AARRAA L-11 CAPPER PIPE—PLAID LID KANTING PLAN A. R . AN lido eulxi L-u IRzcATrry srEGR NS I ED AD SHEET IRs D� aAI L,l x,a .�w ,.aa ecN a:D AI�s. INDED oLLL �Au DE,.. G0.01 DOCK A DOCK B DOCK C (Multi—Use pDock) (Single Berth Slips) (Single Berth Slips) AA P gq°es a iM[nluL wloTx�e'o� L°11mlas�c GA 9 mrvu wl°mNa _�� IvNI�PE a Nc S �8 u GH aelau ¢°'m1. AS GANGwar ` CGRG.PUIFOR N 11T C.G.I.PIAiFO L GhYGwAV PUIFORu 3 90 NO GIAY NI e �.N2 r m ou�� ae'aR n �GFAwacuNE L rn w w ro o ann:aSCLR. / ' WIDTH �v All ' snuL AT sMn1 aonr ' �� / ' BASIN 'SIN / 14 TOO SIDE `A ., ... y i...... T... .... .—... .... SE"GE / q 6 a M1O G AF.O. NE / VMPOIIi A �' (OKI k ;ai aA/ s - c /ra G (No1 Fm or wh Fea6usE LAG L � aaa uG o�ALH � / ' * „/ EIXs (FR F sm) 1a Laos L Ga La°o ��® anuauc � 2� ;9 va Goono — 7 80 ANGN'AY O icc ----------- IVIOiN'.6fi"RFPOP m n >\\ fANC1VAY�o FO 1 � ILL / C � O l� ° EXII Loyout ShOdiNA Tocol 2z612t 5F Dack ?Ion 'A3" SM1odin9 TONI 22,7953 SF B ft' 0verIJGn9 Addlti—I 1'6GdiTK— 8801 SF TRt.1 23,6]0} SF Eell GRAPHIC � SNApING DIFF. 1,053 SF d F • ., im ,A/,v ENGINEER OHM SCALE Q LIDO GROUP RETAIL, LLC re N°TE° Lido Group Retail, LLC N a• GEEIGNER °°Ft B6°`„' GA CAO°PERAiOR PROJECT 002DER aamm,oFmro N�.��e..e�OA eacvy iI�s°ilios`Auo°a°' RER PROPOSED DOCK PLAN Loaa°azz N°. GATE GLsCHIenom av cxecxEe w1u w� LANDSIDE BOARDWALK — 6 it OVERHANG °RAGnNc N°mHER REVISIONS FdOJECT mANAGCR RHIA sol ST iaoPI H �NEocS6HT MS na 1 FGTS he PES!UIG"T _ p1u1 1T. SIGHT-LINE SECTION CIAGRAM�1 L NUSU RESTAURANT 3450VIO . porto}I Newport V,aCA92663 ae \ v / / �//�/�\\'/� � ♦♦ � � SETE PLAN A \ ` VIAA.l OPOcT. f l lo o � o D C- Na . �. �� a oPORr ♦ wCINITO MAP � ♦� r.,.MAP NOTES "R22PCH M. .�.: FOR PARKING CALCIRATIONS REFER T - TO GU.P.UP2010-14(PA2010-002 ' ' \ 2 FOR SIGNAGE INFO REFER TO ELEVATIONS ON .00 • a , 1 REFER TO SHEETA2 ICO. FOR SIGHT Sx ' a\ , LINE ' xe Neeex rve. 1 00 00 00 00 o � _ in.wirvu o, a - ONOSU RESTAURANT D Xo E.rt a Oporto Newport BeacM1,CA 92663 B O A , SITE PLAN A1.01 ��A oPpRTO .�:. STUDIOPCH ♦♦♦ II r` �� ♦♦ LflIMNICN RISiPxLNML ♦♦ XWXEEeIHrX[ ♦ —.—.—. ♦♦ ISI o'NGPrtu �'H1 NOBO RESTAURANT 3450 VIa0 ort. B ♦� kn Ne n.,Beach,CA 92663 Y —_—. II - —.—._ \mu O o _.—_ ej ole LL* ce F-I e r n li I o 0 ,,,, NOTES 1, REFER TO FORNRORE PLN, SEEM 81 •°•'" ``- - \� LOBBv .L SRO gal. nE exrow. INT oIMxG rG 1 eW SO ERI.ONIRG 3G.Fi INCL TREW _E. S PgTIO MSHEG ON PLAN) FIRST SEGMOH = a.2,.Gags FLOOR RESTROOMS µsca 59:Fi, PLAN TRASH AREA = H-iae sp.ErILL . .c.vuu3..a ELEG.HGGx - -t-270 GG.FT. A1.11 PE Q PROPOSED FIRST FLOOR PLIUJ.I v¢. Sea scxE:�lanv I STUDOpCH \ "NIEEXNMeeT Rp L uiiiurrtu I }i j' III `l NDBII RESTAURANT Da \ p 3450Vn Oporto wp Neort BeacM1.CA 92663 j . a I lY---.-- - -- O ; I h 0 o I ,I o I NOTES 1. REFER TO FURNOURE PLAN, Q— SEE Al 02 INTDINING =H-1530 SO FT. EXT DINING =+A I,9fA So FT L — (INCL OPEN PATIO) aIF NECIDGN =+1-2,30 SFT. O SECOND ^ FLOOR 2ND FLOOR L4NOING= +1-B303Q.FT. PSN RESTROOMS +l-WOSQ.FT, - A1.12 Q e.x. PROPOSED SECOND FLOOR PLAN aca[.pie-i.o STUDOPCH I XW EFX NFIICTPIICIYPdL I I j a�Ee v�aw�A NUSU RESTAURANT y m... 3450 VIa0 ort. Iµ NewportSeach.CA 92663 I ---------- @ -- ---- � NOTES 1 NO SCREENING CAL REQEpUIPMENTR ----- --- 6 SCREENING RECUIREO PER SITE LINE DIAGRAM,SHOWN ON VICINITY MAP Al 00 ROOF J PLAN A1.41 Q v¢. PROPOSED ROOF PLAN.I srrE:�irvv I STUDIOpCH I s LflIMNICN ENSiP4LNML I XWXEEPIHrX[. COT 5 O 1 v� � NOBU RESTAURANT L 3450 V'a0 rt � O Newport Beach,CA 92669 0 � EjoFl I EL o � r 4 r O ANET PUBLIC AREA CALCULATIONS IN—. .1,1ma11 ,lcee *s a / `` -� oxnNu xtpmso fT �wssnis Iib"- -II I ma \ 15TFLOOR FURNITURE PLAN A1.61 Q PROPOSED FIRST FLOOR FURNITURE PLAN 1 m¢. scu[:i,anv STUDIOPCH I XWEFX NFIlCiP11RYPdL artiEa I I a z��np ti a+ Vt: NOBU RESTAURANT 3450 va opertc Newport Beach,CA 92663 - � t ., �a �.. _L SII i I _ / I I ----- --- NET PUBLIC AREA CALCULATIONS INomNnuw. .i e,maurr, ..xeen acs "ayusnuc- { `\ Q oumooxnNu --.1 .nmst-w .. ,.._. ------ { 2ND FLOOR`P —�--_ FURNITURE PLAN A1.62 Q PROPOSED SECOND FLOOR FURNITURE PLAN eea1 scu[: iry iv `o G O o\ G G /7O 0 FIRST FLOOR EGRESS PLAN 115 IWI � I L, �ci II m �I L o \ NIj, o C_'�IO 22� STUDIOPCH sus�gire�v*sE' EPINNti CHER ftPYLNML oiryumu ` "�" PROPOSED WEST EEVATrONG —� i°N JJ PROPOSED SOIRN ELEVATION NURU RESTAURANT 3450 V'n Oporto Newport Seach,CA92663 WIT PROPOSED WEST ELEVATION A NOTES —I 1 REFER TO VICIN"MP AND SKsNf DIAGRAM FOR NECK.EQUIPMENT Y ...oma... PROPOSED EAST ELEVATIONn ONE ue.a...r.r wiwryvsnurn.x PROPOSED W U M t I ELEVATIONS PROPOSED NORTH ELEVATION A sw� T I A2.00 E�111E KRI .:.:.v-.: STUDIOPICH 2eI NSiPettYfl<L r}pq I e. r-?` ^'y!I". I 1 oivurrtnL FRONT ENTR MAIN STAIR NUSU RESTAURANT _ — -'�� 3450 VIa0porto Newport Beach,CA 92663 J � 2SINING PATIO 6SLIGIR 2C A lCaLE na FIRST FLOOR-ED PUN SECOND FLOOR-EC PIAN RENDERINGS A8.10 S I------' -- ------ - --' ----=-X- ---- - Nobu Conditional Use Permit - y �1 Planning Commission Public Hearing .• November 19, 2015 UP2015-040 (PA2014-179) . Planning Commission - November 19, 2015 ting 79) Introduction ` - Project Location 3450 Via Lido Lido Marina Village Conditional Use Permit No . UP2015 -040 Food Service, Eating and Drinking Establishment Late Hours Type 47 (On Sale General) Alcohol License Outdoor Dining Patios Live Entertainment 07/13/2012 Community Development Department - Planning Division 2 Planning Commission - November 19, 2015 ting 79) Vicinity � i Map a cqC/FORN�P A� 4 A00. lop }f3 � V 07/13/2012 Community Development Department - Planning Division 3 Planning Commission - November 19, 2015 ting 79) Background .n a a.C'dt/FORNP ■ 1957- building constructed and occupied by a restaurant 1972- UP1636 authorizes a 5 -story parking garage in Lido Marina Village ■ 1998- UP3626 (amended ) allows a full -service restaurant where the second floor is utilized for interactive video games ■ 2001-the restaurant goes out of business and remains vacant 2014-A CUP is approved to address parking on a comprehensive level for Lido Marina Village . 07/13/2012 Community Development Department - Planning Division 4 • • 111I - • � I Nobu Entry A_ INdw. I6.k , ill Ul t s a I I I I I ll mill! I I ll I I m� � !�' � k".j A�'• y �f �l i.l _ R.. Kms. . Planning Commission - November 19, 2015 ting 79) Nobu : View of Courtyard UFFIR � I 4 . - - 07/13/2012 Community Development Department- Planning Division 6 Planning Commission - November 19, 2015 ing 79) l , t 1 y T. -T - i o7/s3/zol2 Community Development Department- Planning Division 7 Planning Commission - November 19, 2015 ting 79) • of Entry fromBar Dining dWOM' APN- 07/13/2012 Community Development Department- Planning Division 8 Planning Commission - November 19, 2015 ting 79) Nobum. InteriorView of Skylight i *-07I � 1 - �� I 07/13/2012 Community Development Department- Planning Division 9 Age =11111111, --- - --- -- ---' —1111-- -— - - First Floor Plan - NET PUBLIC AREA CALCULATIONS 11 m n v III '• .i s �� •o ® Sri• e �� o ♦ iu 1 a � �7�■P� ® • •••• • .1 • I Planning Commission - November • , 2015 79) Second Floor Plan NET PUBLIC AREA CALCULATIONS 0 00 INDOORAREk +A 2,243 SQ.FF. 76 SEATS tl � �a'_a •�' i�� ams °• -•+��• m m +0 - h Di 1 S :� .4�.-. SII' .nct .I S Y•C y 9 0®.� ®� _ E] OUTDOOR •- 961 . I Planning Commission - November 19, 2015 2�411ing 79) Project Details • • 1 1 1 1 • • Alcohol License Type 47 (On Sale General) license PublicNet - , 5, 150 square feet ( 155 seats) ' Outdoor Dini • 3,656 square feet (126 seats) Patio • • - . 7:oo a.m. to 12:3o a .m., Sunday through Thursday 7:oo a.m. to Z:oo a.m., Friday and Saturday 7:oo a.m. to Zz:oo midnight, daily, outdoor dining patio Live Entertainmen-' Disc jockey (regular business hours) Specific events (6 times per year before 11:oo p.m.) No dancing 07/13/2012 Community Development Department - Planning Division 12 Planning Commission - November 19, 2015 ting 79) Parking Management Program " 1316 sf TEASEMENT y.w•Nk.�.V f 1197 st __- --- i 7542 sf 216 sf 228 sf f 254 sf � �-- _� 756 sf 762 s1 , - 865 sf� 8255f�'' 7016 s� 7996 s.f. �. 2310 s.f. � _ � �.11375f� _11475f b l iC'odn 8(� r�sf� 5 10 9 f r –1LT IO A� r- o, LUDGF 22 4 f /� ,�� 918f1 155 - , s 620 sf! 626 sf' -- � 1532 -,1541 e. VIA OPOR lO 3431VIA OPWO 1 3421 VIA OPOU0 — X826 sf 2985 J p r 19 SITE SUMMARY f 4J�$ , GROSS BUILDING AREA GSR ^ RETAIL 28.676 sf FOOD SERVICE 22,911 sf 2575 st 0 RESTAURANT PATIO 5,463 sf \ 28928f 8vNmo� F7 OFFICE 30,217 sf r7 NAIL SALON 1487 sf sIS / las sf \ ® LTH 8 FITNESS 12 072 of TAKE OUT F&B 3,530 8f L MARKET 12,071 sf est - (BUILDING FOOD SERVEVIISI NS 1,085 sf r� TOTAL BUILDING 112,029>d Planning Commission - November 19, 2015 ing 79) Recommendation Va Conduct a public hearing ■ Adopt the draft resolution : Approving the requested restaurant: Closing at 2.2 :3o a . m ., daily, interior of the restaurant Closing at 12 :00 midnight, daily, outdoor dining patio 05/21/203.5 Community Development Department - Planning Division sq Planning Commission - November 19, 2015 ting 79) CEQA Review a .Sdt/FORN�P The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class i. ( Existing Facilities) . ■ The proposed project involves tenant improvements of an existing building to accommodate a new eating and drinking establishment, which is within the thresholds identified in CEQA Guidelines Section 15301. 05/21/2015 Community Development Department - Planning Division 15 Planning Commission - November 19, 2015 ting 79) Next Steps � i a a.C'dt/FORNP ■ CUP will supersede UP1711 and UP3626, and their subsequent amendments . ■ If final action is taken, appeal period expires Thursday, December 3, 202-5 . ■ If CUP is approved, Operator License is scheduled for review on or after Monday, November 30, 203-5 . If no appeal, applicant may proceed to final design, permitting and construction . 05/21/2015 Community Development Department - Planning Division 16 r *i a ti 4 IM111111111 Age as . 46 I - For more information contact: - Makana Nova,Associate Planner 949-644-3249 mnova@newportbeachca.gov www.newportbeachca.gov Planning Commission - November 19, 2015 ting 79) Vicinity Map i Iff r t e4 tI�1+`moi r a " A y . +Q • x 77 18 �••�;��i� ;iii ` t NY Planning Commission - November 19, 2015 ting 79) Site Photographs .n cqC/FORN�P t I 07/13/2012 Community Development Department - Planning Division 19 Planning Commission - November 19, 2015 ting 79) Parking Parking Management Program approved in 2014 for Lido Marina Village . Development may be occupied up to an occupancy threshold where a new parking study will be prepared based on real -time occupancy of the development . Restaurant does not trigger the occupancy threshold and sufficient parking is available for this use in Lido Marina Village . 07/13/2012 Community Development Department - Planning Division 20