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HomeMy WebLinkAbout20200423_Resolution_PC2020-009Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL May 5, 2020 CLK Island Properties, LLC. Attn: Dan Miller 127 Marine Avenue Newport Beach, CA 92662 danvibdt@gmail.com Subject: Conditional Use Permit No. UP2019-053 (PA2019-238) 501 Park Avenue Bistro Dear Mr. Miller, 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 April 23, 2020 and effective on May 7, 2020. 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. Sincerely, David Lee, Assistant Planner GR/dl RESOLUTION NO. PC2020-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2019-053 TO UPGRADE THE CURRENT ALCOHOLIC BEVERAGE CONTROL LICENSE FROM A TYPE 41 (ON-SALE BEER AND WINE -EATING PLACE) TO A TYPE 47 (ON SALE GENERAL -EA TING PLACE) FOR AN EXISTING RESTAURANT AND FOR AN EXTENSION TO THE EXISTING HOURS OF OPERATION LOCATED AT 501 PARK AVENUE (PA2019-238) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by CLK Island Properties, LLC, ("Applicant") with respect to property located at 501 Park Avenue, and legally described as Lots 21 and 22 of Block 9, Resubdivision of Section 1, Balboa Island ("Property"), requesting approval of a conditional use permit. 2. The Applicant requests a conditional use permit to upgrade the current Alcoholic Beverage Control (ABC) license from a Type 41 (On-Sale Beer and Wine -Eating Place) to a Type 47 (On Sale General -Eating Place) for an existing restaurant, and to extend the hours of operation from 7:00 a.m. to 9:00 p.m., daily, to 7:00 a.m. to 10:00 p.m., daily. The Applicant also requests a continuation of a previously approved parking reduction. 3. The subject Property is designated Mixed Use Water Related (MU-W2) by the General Plan Land Use Element and is located within the Mixed-Use Water Related (MU-W2) Zoning District. 4. The subject Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water (MU-W) and it is located within the Mixed-Use Water Related (MU-W2) Coastal Zone District. 5. A public hearing was held on March 19, 2020, in the City Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Planning Commission Resolution No. PC2020-009 Page 2 of 17 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves the continued operation of an existing restaurant use and no construction is proposed. The project includes an upgraded ABC license and a change in the hours of operation. SECTION 3. REQUIRED FINDINGS. Conditional Use Permit Findings In accordance with NBMC Section 20.52.020 (Conditional Use Permits and Minor Use Permits), the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The General Plan designates the Property as Mixed Use Water Related (MU-W2), which applies to waterfront areas in which marine-related uses may be intermixed with buildings that provide residential units on the upper floors. The continued operation of the existing restaurant will serve visitors and residents of the area. The change of ABC license and extension of hours of operation will not result in a use that is inconsistent with the General Plan designation. 2. The existing restaurant is located on Balboa Island, on the corner of a block that is similarly designated for mixed-use development. The Property is surrounded by residential development across Park Avenue to the north, across Agate Avenue to the west, and across the alley to the south. The existing restaurant will continue to provide a service to the surrounding residents on Balboa Island. 3. There are two (2) existing residential apartment units (1,050 square feet and 813 square feet) located above the restaurant. There is an existing one (1)-car garage that exclusively serves the apartments. The residential use on the upper floor is consistent with the General Plan designation. 4. The Property is not a part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 01-25-19 Planning Commission Resolution No. PC2020-009 Page 3 of 17 Facts in Support of Finding: 1. The Property is located in the Mixed-Use Water Related (MU-W2) Zoning District which 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 (including alcohol) are allowed uses, subject to the approval of a use permit. 2. According to historical building records, a restaurant has been in operation at the Property since 1961. The Planning Commission approved Use Permit No. UP1834 on June 30, 1977, which allowed for the restaurant to sell beer and wine. No additional parking was required at that time since there was no increase in intensity to the restaurant. In 1977, the existing restaurant consisted of 360 square feet of net public area (NPA) and a 70-square-foot outdoor patio, with hours of operation from 8:00 a.m. to 8:00 p.m., daily. Other uses on the Property included a real estate office, gift shop, art studio, and two (2) residential apartments. At the time of the approval, a two (2)-car carport served the apartment units upstairs, while four (4) off-street parking spaces served the commercial uses. 3. Sometime after 1977, the restaurant expanded to the suite previously occupied by a gift shop, totaling 665 square feet of NPA. The restaurant also expanded the outdoor seating area from 70 square feet to 503 square feet. There are no permits on file associated with this expansion of the restaurant. The unauthorized additions were discovered when the owners applied for a use permit for further expansions in 2014. 4. On May 22, 2014, the Planning Commission approved Conditional Use Permit No. UP2014-009 to allow the expansion of the restaurant by 79 square feet of interior NPA (7 44 square feet total) and outdoor dining patio by 170 square feet (673 square feet total). Included in the project was a take-out service coffee bar, which occupied an additional 276 square feet. The coffee bar was reviewed as a related yet separate use from the restaurant and required parking was based on the take-out service, limited land use. The restaurant was approved to operate from 8:00 a.m. to 9:00 p.m., daily. As a result of the expansion, it was determined that the Zoning Code required 26 parking spaces, whereas three (3) parking spaces were provided. Due to the heavy walk-up and biking traffic on Balboa Island and its location on Park Avenue, the Planning Commission waived the remaining parking required for the restaurant. At the time of the approval, the two (2) existing residential apartments remained above the restaurant, and the two (2)-car carport had been converted into a garage. Although it was described as a two (2)-car garage, the garage did not meet the Code-required dimensions to park two (2) cars. Instead, it is likely that the garage was converted with a width that could accommodate only one (1) car. 5. On May 29, 2015, Director's Determination No. 002015-003 authorized the reduction of off-site parking spaces from three (3) spaces to two (2) spaces. During the plan check process for the approved restaurant expansion, errors were discovered on the conceptual plans approved with Conditional Use Permit No. UP2014-009 which showed that a portion of a parking space would encroach into the public right-of-way. It was 01-25-19 Planning Commission Resolution No. PC2020-009 Page 4 of 17 determined that it was not feasible to accommodate three (3) parking spaces on-site due to multiple code requirements, including ADA requirements, trash enclosure, and a planter for safety purposes. Therefore, a total of two (2) open parking spaces were provided on-site for the restaurant. 6. Subsequent to the Director's Determination, the trash enclosure was relocated into a portion of the existing, non-conforming one (1)-car garage, which serves the two (2) residential apartments above the restaurant. The one (1)-car garage still complies with the one ( 1 )-car garage interior width standards. As a result of this change, the previous parking space that was lost was restored to have a total of three (3) off-street parking spaces serving the restaurant. There are no permits on file associated with these changes. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1. The upgraded ABC License Type in conjunction with an established eating and drinking place does not significantly change the operating characteristics of the existing restaurant, especially with the proposed closing hour of 10:00 p.m., daily. The Property has been accommodating an eating and/or drinking establishment with beer and wine service since 1977. There have been no historical compatibility issues since the establishment of the original restaurant to present. 2. The Project is conditioned to prohibit the restaurant from operating as a bar, tavern, or nightclub, thereby reducing potential impacts to the neighborhood. The proposed hours of operation of 7:00 am to 10:00 pm, daily, further reduce the possibility of the restaurant impacting surrounding neighborhoods. Additionally, conditions are included to prohibit amplified sound except background music (i.e. not audible from outside the restaurant) and no live entertainment or dancing is allowed on the premises. Lastly, food service from the regular menu shall be made available to patrons during all business hours. 3. The restaurant contains 744 square feet of interior NPA, 673 square feet of outdoor dining area, and a 276-square-foot take-out coffee bar. There are approximately 41 seats in the interior dining areas, 46 seats in the outdoor dining areas, and five (5) seats in the coffee bar. The relatively small size of the restaurant reduces the likelihood of any potential impacts to the surrounding area. 4. The existing restaurant (with an upgraded license type and extended hours of operation) will be complementary to the other uses in the area. The area includes mixed-use developments and residential properties. The restaurant will continue to provide a service for nearby residents and visitors. 01-25-19 Planning Commission Resolution No. PC2020-009 Page 5 of 17 5. The Project provides a trash enclosure outside of the clear parking dimensions and an accessible path of travel for the accessible parking space. The trash enclosure screens trash from the alley, and the top of the dumpster and/or trash bins are fully covered. Finding: D. 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 existing restaurant has proven to be physically suitable in terms of design, location, shape, and size to support the use. The physical characteristics of the Property are not changing with the addition of liquor service and expansion of the hours of operation. The Property has accommodated similar uses since 1961, and has provided beer and wine service since 1977. The use has proven to be physically suitable for the Project. 2. Although the Project site provides three (3) parking spaces dedicated to the restaurant, whereas 27 parking spaces are required, the Planning Commission waived the 23 parking spaces through the approval of Conditional Use Permit No. UP2014-009. The restaurant has operated in its current configuration for several years. Many residents and visitors of Balboa Island rely heavily on walking and biking to patronize local establishments. Agate Avenue is easily accessible by residents and visitors walking or biking from other locations on the Island or from Balboa Village via the ferry. Since there is limited parking in the area, it may be assumed that patrons would not drive to only visit the restaurant. Instead, those opting to drive could park at a remote location and walk or bike to the restaurant. 3. Adequate public and emergency vehicle access, public services, and utilities are provided for on-site. The continued use of the restaurant with a Type 47 ABC License and a new closing time of 10:00 p.m. would not impact public services or utilities. The Police Department has reviewed the proposed ABC License Type change and is comfortable with it based on the hours of operation and operational characteristics. The Public Works Department and Life Safety Services (Fire) Division have reviewed the application and have no concerns regarding the operation. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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 Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent 01-25-19 Planning Commission Resolution No. PC2020-009 Page 6 of 17 possible. Alcohol service is already authorized at the restaurant; only the addition of liquor is new. No alcohol-related calls for service have been reported for the business in 2018 (the most recent data set). Additionally, the operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject Property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The restaurant will serve the neighborhood by providing a dining option with alcohol service as a public convenience to visitors as well as residents to the surrounding area, which is the intent of the MU-W2 land use designation. The service of alcohol will complement the principal use of the facility and provide an economic opportunity for the Property owner to maintain a successful business in a way which best serves the community and visitors. The restaurant will close by 10:00 p.m. and conditions of approval are included to ensure that the business does not operate as a bar, lounge, or nightclub. 3. As conditioned, the owners, managers and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. Off-Street Parking Reduction In 2014, the Property's parking requirement was reduced from 26 spaces to three (3) spaces, resulting in a reduction of 23 spaces. However, due to a mathematical error, an actual 27 spaces were required while three (3) spaces were provided, resulting in a parking deficit of 24 spaces. Staff is recommending that the Planning Commission waive the additional parking space requirement which was not addressed in Conditional Use Permit No. UP2014-009. In accordance with NBMC Section 20.40.110 (Adjustments to Off-Street Parking Requirements), off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) as follows: Finding: F. 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); Facts in Support of Finding: 1. NBMC requires parking for restaurants to be based upon the individual operational characteristics with a parking ratio between one (1) space per 30 to 50 square feet of NPA as a food service use. Due to the mixed use characteristics and prominence of walk-up traffic in the area, a parking ratio of one (1) space per 50 square feet of NPA was used to determine the required parking. The existing establishment contains 744 square feet of interior NPA, and 673 square feet of exterior NPA. The Zoning Code 01-25-19 Planning Commission Resolution No. PC2020-009 Page 7 of 17 allows outdoor dining areas up to 25 percent of the interior net public area without an increase in the parking requirement. Therefore, the total net public area is required to be parked is 1,231 square feet, which requires a total of 27 parking spaces. Due to mathematical errors, Conditional Use Permit No. UP2014-009 waived 23 of the required 27 parking spaces, which did not resolve the entire parking deficit. Since there are 27 spaces required, 23 spaces waived, and three (3) spaces provided, there is an existing deficit of one ( 1) on-site parking space. 2. The continuation of the previous parking reduction, with an additional reduction of one ( 1) space, is appropriate for the restaurant. Balboa Island is the most densely-populated neighborhood in the County, where pedestrian and biking is prominent year-round. A parking study conducted by the City in 2008, recognized parking limitations during peak periods. The existing clientele are known to be local residents or vacation visitors who walk to the restaurant. The take-out coffee bar also encourages walk-up service or quick stops. The nearest public parking facility is located within Balboa Village, which is easily accessible via the ferry. A condition of approval from Conditional Use Permit No. UP2014-009 will remain, which requires the business owner to purchase parking permits for employees who travel by vehicle to utilize the municipal lots in Balboa Village. 3. The proposed Project is to upgrade the restaurant's ABC license from a Type 41 to Type 47 license, as well as extend the closing time from 9:00 p.m. to 10:00 p.m., daily. The Applicant is not proposing any changes to the building's footprint and is not adding any additional floor area. The reduction of an additional parking space is not a result of the proposed Project, but instead to amend an error from Conditional Use Permit No. UP2014-009. Alcohol Sales Finding In accordance with NBMC Section 20.48.030 (Alcohol Sales), a change in type of ABC license requires the following finding in addition to the conditional use permit findings. The facts in support of such finding is set forth: Finding: G. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: In finding that the proposed use is consistent with NBMC Section 20.48.030 of the Zoning Code, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Property is located in Reporting District (RD) 42, which covers Balboa Island. The Police Department is required to report offenses of Part One Crimes combined with all 01-25-19 Planning Commission Resolution No. PC2020-009 Page 8 of 17 arrests for other crimes, both felonies and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control. Part One Crimes are the eight (8) most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 42 is considered a low crime area as compared to other reporting districts in the City. The RD 42 crime count is 93, which is 33 percent under the Citywide crime count average of 134. Since the area does not have a 20 percent greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City, the area is not found to have undue concentration. In comparison, RD 43 is 70 percent below the Citywide average, RD 41 is 19 percent over the Citywide average, and RD 12 is 19 percent below the Citywide average. 2. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the change in ABC license for the existing restaurant given that the area does not have undue concentration and there are no late hours. Alcohol is not new to this establishment, but the addition of liquor is a new privilege. The active use permit allows the business to operate until 9:00 p.m., daily. The proposed use permit amendment would expand operating hours to no later than 10:00 p.m. The proposed closing hour is commensurate with other approved restaurants on Balboa Island. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The total number of alcohol-related calls for service, crimes, or arrests in RD 42 is lower than neighboring reporting districts. DUI, public intoxication, and liquor law violations make up 29 percent of arrests in RD 42. In comparison, the figures for neighboring RD 43 is 33 percent, RD 41 is 26 percent, and RD 12 is 40 percent. 2. According to the latest data set from 2018 (2019 statistics not available yet), there was one (1) dispatch event for the subject address, leading to one (1) arrest. However, there were no alcohol-related calls for service. iii. 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. 1. The existing restaurant is located on Park Avenue between Agate Avenue and Opal Avenue, and is consistent with the General Plan designation, Mixed Use Water Related (MU-W2). The area includes mixed-use buildings, Balboa Island Park, and residential uses. The Property is not located in close proximity to any daycare centers, hospitals, places of worship, schools, or similar uses that attract minors. However, the restaurant is located approximately 450 feet from the bay and the area attracts a large number of visitors including minors. The nature of the mixed-use block along Agate Avenue is to provide marine-related uses which include a mix of general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. The existing restaurant is surrounded by residential uses across Park Avenue, Agate Avenue, and behind the 01-25-19 Planning Commission Resolution No. PC2020-009 Page 9 of 17 alley. The Property has supported an eating and/or drinking operation with a beer and wine license since 1961 and is considered an established use in the area. Eating and drinking establishments with incidental alcohol service are common on Balboa Island and the proposed Alcoholic Beverage Control license type is not anticipated to alter the operational characteristics of the restaurant such that it becomes detrimental to the area. The Project does not include any late hours that could potentially impact residential areas. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. There are multiple restaurants on Balboa Island that are authorized for the sale of alcoholic beverages, including The Village Inn, Ciao Italian Restaurant, and Royal Hen. The subject restaurant currently serves beer and wine, without any issues. The addition of liquor service at the restaurant is acceptable to the Police Department, as late hours are not proposed. There is no evidence suggesting this use has been detrimental to surrounding properties or the neighborhood. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 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. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. 2. The proposed hours of operation of the establishment will minimize the potential effects of the upgraded ABC License type. The establishment will close by 10:00 p.m., daily, which will ensure the use does not become a late night bar, tavern, or nightclub. 3. The establishment is located within an existing mixed-use and residential area which is developed with other mixed use and residential properties. The upgrade in ABC license in conjunction with an existing restaurant will not alter the existing conditions, but will complement the proposed food service and provide a convenience to customers. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 01-25-19 Planning Commission Resolution No. PC2020-009 Page 10 of 17 2 . The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No . UP2019-053 , subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference . 3. 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 . 4 . This resolution supersedes Planning Commission Resolution No. 1945 , which upon vesting of the rights authorized by this Conditional Use Permit , shall become null and void . PASSED, APPROVED, AND ADOPTED THIS 19rH DAY OF MARCH, 2020. AYES : NOES : ABSTAIN : ABSENT: 01-25-19 Ellmore , Klaustermeier , Koetting , Lowrey , Rosene , and Weigand Kleiman Planning Division Planning Commission Resolution No. PC2020-009 Page 11 of 17 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. 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. 4. Use Permit No. UP2019-053 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 5. This 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. 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. 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. 8. Prior to operating with a Type 47 ABC License and extending the closing hour to 10:00 P:.fil.,_ the Applicant shall secure building permits for the previously unpermitted trash enclosure. 9. The existing parking lot shall be maintained with the approved traffic markers or painted white lines not less than four-inches wide. All three parking spaces on the site shall be accessible and useable for vehicular parking at all times. 10. Restaurant employees shall park their automobiles in the municipal lots on the Balboa Peninsula. The applicant or operator of the facility shall purchase parking permits for 01-25-19 Planning Commission Resolution No. PC2020-009 Page 12 of 17 eight employees on an annual basis for the municipal lots and shall direct employees to park in said lot. 11 . The existing non-conforming one-car garage shall be clear of all obstructions and shall be used as parking for the residential units above. 12. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only 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. 13. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 14. 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. 15. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM Between the hours of and 10:00PM 10:00PM and 7:00AM 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 16. 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. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three [3] walls and a self-latching gate) or otherwise screened from view of 01-25-19 Planning Commission Resolution No. PC2020-009 Page 13 of 17 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. 19. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 20. 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. 21. 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). 22. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 23. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 24. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 25. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 26. 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 501 Park Avenue Bistro including, but not limited to, Conditional Use Permit No. UP2019-053 (PA2019-238). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other 01-25-19 01-25-19 Planning Commission Resolution No. PC2020-009 Page 14 of 17 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. Police Department Planning Commission Resolution No. PC2020-009 Page 15 of 17 24. The approval is for an eating and drinking establishment with on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be Type 47 (On-Sale General -Eating Place). 25. The Applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 26. 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 within 60 days of hire. This training must be updated every three (3) years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days of approval. 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. 27. The quarterly gross sales of on-sale 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. 28. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 29. The full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 30. 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 that are clearly visible to the exterior shall constitute a violation of this condition. 31. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 32. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 33. Live entertainment and dancing is prohibited. 34. Strict adherence to maximum occupancy limits is required. 01-25-19 Planning Commission Resolution No. PC2020-009 Page 16 of 17 35. 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. 36. 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. 37. "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 (excluding charges for prix fixe meals). 38. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of onsite media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 39. The Applicant shall maintain a security recording system with a 30-day retention and make those recordings available to police upon request. Building Division 40. 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. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 41. 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. 42. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 43. 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 Community Development Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 01-25-19 Public Works Department Planning Commission Resolution No. PC2020-009 Page 17 of 17 44. All improvements shall be constructed as required by Ordinance and the Public Works Department. 45. All new and existing water services shall be protected by a City-approved backflow assembly. 46. All new and existing sewer laterals shall have a sewer cleanout, installed with a traffic- grade box and cover, located on the public side of the property line. 47. An encroachment permit is required for all activities within the public right-of-way. 48. All improvements shall comply with the City's sight distance requirement. See City Standard 110-L and Municipal Code 20.30.130. 49. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way could be required at the discretion of the Public Works Inspector. 50. All on-site drainage shall comply with the latest City Water Quality requirements. 01-25-19