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HomeMy WebLinkAbout20171116_Resolution_ZA2017-092Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL November 16, 2017 Crab Cooker Restaurant Attn: James Wasko 2200 Newport Boulevard Newport Beach, CA 92663 jw@crabcooker.com Subject: Minor Use Permit No. UP2016-029 Coastal Development Permit No. CD2017-069 (PA2016-112) 2200 and 2202 Newport Boulevard The Crab Cooker Restaurant Dear Jim, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on November 16, 2017 and is now within the required City appeal period until December 1, 2017. If no appeals are filed with the City, a Notice of Final Action will be mailed to the California Coastal Commission. Upon receipt of the notice by the Coastal Commission, the action will be subject to an additional 10-working-day appeal period. You may track status of the Coastal Commission appeal period via the following link: Statewide Appealable Projects PDF At the conclusion of both appeal periods, a building permit may be issued for the project. 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, Benjamin M. Zdeba, AICP, Associate Planner JWC/bmz Tmplt:-05/02/17 cc: MConsensus Attn: Marice DePasquale 3609 W. MacArthur Boulevard, #812 Santa Ana, CA 92704 marice@mconsensus.com 08-15-2017 RESOLUTION NO. ZA2017-092 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2016-029 AND COASTAL DEVELOPMENT PERMIT NO. CD2017-069 TO REPLACE AN EXISTING LEGAL NONCONFORMING STRUCTURE AND ALLOW THE CONTINUED OPERATION OF ITS USE (THE CRAB COOKER RESTAURANT) LOCATED AT 2200 AND 2202 NEWPORT BOULEVARD (PA2016-112) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by The Crab Cooker Restaurant, with respect to property located at 2200 and 2202 Newport Boulevard, and legally described as Lots 15 and 16 of Tract No. 814, requesting approval of a coastal development permit. 2. The applicant proposes the replacement of a legal nonconforming building and the continued operation of an existing restaurant (The Crab Cooker). The structure was involuntarily damaged beyond repair due to recent construction on the abutting property. The replacement structure will maintain the same gross floor area, but will include an outdoor dining patio as well as a small second floor office and storage area. No operational changes (i.e., hours or alcohol license type) are requested for the restaurant. 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 Related (MU-W) and it is located within the Mixed-Use Water Related (MU-W2) Coastal Zoning District. 5. A public hearing was held on November 16, 2017, in the Corona del Mar Conference Room (Bay E-1st Floor) 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. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator 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 15302 under Class 2 (Replacement or Reconstruction) 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. Zoning Administrator Resolution No. ZA2017-092 Page 2 of 14 08-15-2017 2. Class 2 exempts the replacement of a commercial structure with a new structure of substantially the same size, purpose and capacity. The proposed project is the replacement of an existing structure with a new structure of the same gross floor area, same land use (restaurant) and similar occupancy. SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Newport Beach Municipal Code (NBMC) Section 20.48.030 (Alcohol Sales), the following findings and facts in support of such findings are set forth: 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: In finding that the proposed use is consistent with NBMC Section 20.48.030, 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 subject property is located in Reporting District 15 (RD 15). The Part One Crimes (Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report – homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson) crime rate in RD 15 are higher than adjacent RD 13, RD 16 and RD 25, which are predominantly residential, and lower than the Citywide average. 2. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the continuation of the alcoholic beverage license subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan with no separate bar counter or area and a closing hour of 11 p.m. 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 15 is higher than all adjacent RDs 13, 16 and 15. These reporting districts are primarily comprised of residential properties, so the lower amount of alcohol-related incidents is expected. The Police Department has reviewed the proposal and has no objection. Zoning Administrator Resolution No. ZA2017-092 Page 3 of 14 08-15-2017 2. In 2016, 40 calls for service representing less than one percent of all calls for service in the RD were reported at the subject property. All calls for service were not specifically related to the existing restaurant and were only listed for geographical purposes. 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 restaurant will be located in a renovated commercial building fronting Newport Boulevard and 22nd Street. There are residential units immediately adjacent to the project site within the Vue Newport development. The property is not located within close proximity to any day care centers, hospitals, places of worship, schools, or similar uses that typically attract minors. The closest park is Marina Park, which is approximately 1,300 feet southeast of the property. 2. The nature of McFadden Square is to provide goods, services, and entertainment, including eating and drinking establishments, designed to foster visitor and resident activity from travelers down the Peninsula and residents nearby. 3. The restaurant has existed at this location since the 1950s, and has not proven detrimental to the neighborhood. The proposed project will improve the existing restaurant with no change to the alcohol license type. Restaurants with incidental alcohol service are common in the McFadden Square area and alcohol service in conjunction with an early closing hour is not anticipated to alter the operational characteristics of the existing use such that it becomes detrimental to the area. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The closest establishment selling alcoholic beverages is the Old Spaghetti Factory immediately east across 22nd Street. Several other full service restaurants and bars with alcohol licenses operate to the south and southwest of this project site; however, those uses are across the 200-foot-wide Newport/Balboa Boulevard right-of-way. As there has been a restaurant operated at this location since the 1950s, and there is no change to the alcohol license type, there is no evidence to suggest the continuation of this use will be detrimental to surrounding properties or the neighborhood. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. An eating and drinking establishment has operated at the subject property since the 1950s with no operating issues or complaints. No objectionable conditions are presently occurring at the site and this minor use permit as conditioned is intended to avoid future objectionable conditions. 2. The project has been reviewed and conditioned to help 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 Zoning Administrator Resolution No. ZA2017-092 Page 4 of 14 08-15-2017 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. 3. The existing hours of operation of the establishment will minimize the potential effects on land use. The establishment closes by 11 p.m., daily, which will ensure the use does not become a late night bar, tavern, or nightclub. 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: B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The site is designated MU-W2 by the General Plan Land Use Element, which applies to waterfront locations in which marine-related uses may be intermixed with buildings that provide residential on upper floors. The proposed project is the continued operation of an existing restaurant, which serves the surrounding neighborhood and visitors to the area. A restaurant is permissible in the Zoning Code (implementation of the General Plan) subject to the approval of a use permit. 2. The existing restaurant is located along Newport Boulevard adjacent. The renovated restaurant will help to maintain a vibrant visitor-serving commercial use, consistent with the MU-W2 land use designation. The earlier closing hour of 10 p.m. will help to ensure the use remains compatible with adjacent residential units and the surrounding neighborhood. 3. Inasmuch as the proposed project will not result in an increase in the floor area ratio, the project is consistent with the Land Use Element development limitations. 4. The proposed renovation and continued operation will be consistent with General Plan Land Use Policy LU6.8.2 (Component Districts), which emphasizes that McFadden Square should be utilized as one of the primary activity centers within the City. The project will help to ensure the continued successful operation of a visitor- and local-serving land use, which has existing since the 1950s. 5. The subject property is not a part of a specific plan area. 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; Zoning Administrator Resolution No. ZA2017-092 Page 5 of 14 08-15-2017 Facts in Support of Finding: 1. The site is located within the MU-W2 Zoning District consistent with the General Plan Land Use Element. See Fact in Support of Finding B1. 2. The subject building was constructed in 1938, according to County records, and exceeds the allowable floor area ratio of 0.5 for this site. The existing restaurant commenced operation in the 1950s, prior to the requirement for a use permit; therefore, the development is considered legal nonconforming. 3. In April 2014, the subject building was involuntarily damaged by adjacent construction, such that complete replacement is required if repaired under the current Building Code. 4. Pursuant to NBMC Section 20.38.080 (Repair of Damaged or Partially Destroyed Nonconformities), a nonconforming use may be reestablished when restoration work is commenced within twelve (12) months of the date of damage, unless otherwise allowed by the Director. In this case, the applicant has been diligently pursuing reparation. 5. As the existing restaurant operates as a legal nonconforming use, approval of this Minor Use Permit would add operational conditions of approval to ensure the continued operation is not detrimental to the surrounding neighborhood. 6. The renovated restaurant will include an outdoor dining area and a small office/storage area on a new second level. Also included is a new trash enclosure that relocates dumpsters from the public right-of-way onto private property. 7. The net public area of the restaurant will remain the same at 1,774 square feet. The new outdoor dining area will be 434 square feet, which is less than 25 percent of the net public area (443.5 square feet). Pursuant to NBMC Section 20.40.040 (Off-Street Parking Spaces Required), an outdoor dining area does not require additional parking when it is equal to or less than 25 percent of the interior net public area. 8. There are no changes proposed to the existing Alcoholic Beverage Control (ABC) license. The hours of operation will remain the same with a closing hour of 11 p.m., daily. Finding: D. 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 operation of the eating and drinking establishment will be restricted to the hours between 9 a.m. and 11 p.m., daily. The closing hour is compatible with other restaurants in the area. The Police Department has reviewed the proposed project and has no objections. Zoning Administrator Resolution No. ZA2017-092 Page 6 of 14 08-15-2017 2. A restaurant has been operated in this location without the benefit of a conditional use permit since the 1950s. 3. The floor plan provides a new interior dining area with improved restroom facilities, a small outdoor dining area, a kitchen area, a trash enclosure, additional storage, and a small second floor office space. Live entertainment and dancing are not proposed. 4. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the restaurant is adjacent to residential units at the Vue Newport development, the building is oriented toward Newport Boulevard away from the nearby mixed-use structures and the outdoor patio area will be contained by a roof above. 5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an Operator License, will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community. 6. The applicant is required to install a grease interceptor, provide a wash-out area that drains to the sewer line, obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. 7. The subject property is located in a relatively dense area with multiple uses within a short distance of each other. The McFadden Square area is conducive to a significant amount of walk-in patrons. The area experiences parking shortages in the day time during the summer months, but parking is typically available during the rest of the year. Two municipal parking lots and on-street parking are available in the area to accommodate the project in the off-season months. 8. The proposed project is not expected to noticeably change the parking demand in the McFadden Square area. 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 where an existing commercial building is today. The improved tenant space will be designed and developed for a restaurant use. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. The existing tenant space on the subject property has historically been utilized by a restaurant. Zoning Administrator Resolution No. ZA2017-092 Page 7 of 14 08-15-2017 2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utilities upgrades required for the change in occupancy will be required at plan check for the building permit. 3. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All City ordinances and all conditions of approval will be complied with. Finding: F. 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 help 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 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 continue to service the neighborhood by providing dining services as a public convenience to the surrounding neighborhood as well as visitors. The service of alcohol will continue to complement the principal use of the facility and provide an economic opportunity for the property owner to maintain a successful business in a way that best serves the community. 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. Coastal Development Permit In accordance with NBMC Section 21.52.015 (Findings and Decision), the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed development complies with applicable development standards and under the parameters established by NBMC Chapter 21.38 (Nonconforming Uses and Structures). Zoning Administrator Resolution No. ZA2017-092 Page 8 of 14 08-15-2017 a. The maximum floor area ratio is 0.5 (2,700 square feet). The existing building to be replaced has a gross floor area of 5,084 square feet and the proposed floor area is 5,084 square feet. b. The proposed development complies with the required setbacks, which are 0 feet along the front property line abutting Newport Boulevard, 0 feet along each side property line and 0 feet along the rear property line abutting The Arcade. c. The highest ridge is approximately 25 feet from the finished floor elevation of 9.0 feet (NAVD 88), which complies with the maximum height limitation of 26 feet to a flat roof and 31 feet to the ridge of a sloped roof. d. The existing interior net public area is 1,774 square feet and the proposed net public area is 1,774 square feet. The new outdoor dining area is 434 square feet and less than 25 percent of the interior net public area; therefore, no additional parking is required. 2. The surrounding neighborhood is predominantly developed with one- and two-story nonresidential structures to the south and east. To the north and west is the Vue Newport project, which is a three-story mixed-use development. The proposed design, bulk, and scale of the replacement structure is consistent with the existing neighborhood pattern of development and expected future development consistent with applicable development standards. 3. The finish floor elevation of the proposed structure is 9.00 feet (NAVD88), which complies with the minimum 9.00-foot (NAVD88) elevation standard. 4. The property is located in an area known for the potential of seismic activity and liquefaction. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 5. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), due to the proximity of the development to the shoreline and the development containing more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) is required. To fulfill this requirement, a Water Quality Management Plan (WQMP) has been reviewed and approved by the City’s Engineer Geologist. The WQMP includes a polluted runoff and hydrologic site characterization, a sizing standard for best management practices (BMPs), use of a low-impact development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. Construction plans will be reviewed for compliance with the approved WQMP prior to building permit issuance. Zoning Administrator Resolution No. ZA2017-092 Page 9 of 14 08-15-2017 6. The project design addresses water quality with a construction erosion control plan and a post construction drainage system that includes drainage and percolation features designed to retain dry weather and minor rain event run-off on-site. Any water not retained on-site is directed to the City’s storm drain system. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The project site is not located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. Vertical and lateral access is available immediately adjacent to the project site through the Vue Newport development. The applicant is required to provide a construction management plan that helps to minimize any impacts to access during construction activities. 2. The project site is not located near any designated Coastal View Points or Coastal View Roads, as designated in the Coastal Land Use Plan. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2016-029 and Coastal Development Permit No. CD2017-069, 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 or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF NOVEMBER, 2017. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-092 Page 10 of 14 08-15-2017 EXHIBIT “A” CONDITIONS OF APPROVAL 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. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, wetland or their buffers. 3. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity. 4. Prior to issuance of any building permit, the applicant shall submit a construction management and delivery plan to be reviewed and approved by the Public Works and Community Development Departments. The plan shall include discussion of project phasing; parking arrangements for both sites during construction; anticipated haul routes; and construction mitigation. Upon approval of the plan, the applicant shall be responsible for implementing and complying with the stipulations set forth in the approved plan. 5. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 6. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. 7. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 8. Revisions to the approved operation or construction plans may require an amendment to this Coastal Development Permit and Minor Use Permit or the processing of a new Coastal Development Permit and Minor Use Permit. 9. Prior to the issuance of building permits, the Lot Merger No. LM2016-007 shall be recorded. Zoning Administrator Resolution No. ZA2017-092 Page 11 of 14 08-15-2017 10. The hours of operation for the eating and drinking establishment including the outdoor patio area shall be limited between 9 a.m. and 11 p.m., daily. 11. The outdoor patio area shall not be enclosed and shall remain open in nature at all times the restaurant is in operation. 12. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays, between 10 p.m. and 8 a.m. on Saturdays, and between 10 p.m. and 9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Community Development Director. A request for deliveries or refuse collection outside these hours shall require an amendment to this Minor Use Permit. 13. That the interior net public area of the proposed restaurant shall not exceed 1,774 square feet and the outdoor dining area shall not exceed 434 square feet. 14. 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 Between the hours of 7 a.m. and 10 p.m. 10 p.m. and 7 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 15. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. 16. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 17. All solid waste and recycling shall be stored within the trash enclosure. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control Zoning Administrator Resolution No. ZA2017-092 Page 12 of 14 08-15-2017 odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 18. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 19. 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 Coastal Development Permit. 20. This Minor Use Permit and/or Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined 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. 21. Prior to issuance of building permits, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 22. 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 Coastal Development 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 and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 23. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 24. 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 the current property owner or agent. 25. This Minor Use Permit No. UP2016-029 and Coastal Development Permit No. CD2017- 069 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 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 Zoning Administrator Resolution No. ZA2017-092 Page 13 of 14 08-15-2017 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 Crab Cooker Restaurant including, but not limited to, Minor Use Permit No. UP2016-029 and Coastal Development Permit No. CD2017-069 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. Police Department 18. 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 a Type 41 (On-Sale Beer and Wine – Eating Place) license in conjunction with the restaurant as the principal use of the facility. 19. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 20. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 21. There shall be no live entertainment or dancing allowed on the premises. 22. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 23. There shall be no reduced price alcoholic beverage promotions after 9 p.m. 24. Food service from the regular menu shall be made available to patrons until 30 minutes prior to closing. 25. 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. 26. 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. Zoning Administrator Resolution No. ZA2017-092 Page 14 of 14 08-15-2017 27. 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. 28. 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. 29. 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. 30. Strict adherence to maximum occupancy limits is required. 31. 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.