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HomeMy WebLinkAboutPA2021-263_20211216_Resolution_ZA2021-090Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL December 16, 2021 CAA Planning, Inc. Attn: Shawna Schaffner 30900 Rancho Viejo Road, Suite 285 San Juan Capistrano, CA 92675 sschaffner@caaplanning.com Subject: Minor Use Permit No. UP2021-046 453 Newport Center Drive (PA2021-263) Dear Joey Restaurant Group, 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 December 16, 2021 and effective on January 3, 2022. 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. For additional information on filing an appeal or should you have any questions, please contact our office at 949-644-3200 or you may contact me directly at 949-644- 3249 or mnova@newportbeachca.gov. Sincerely, MKN cc: Irvine Company Attn: Brandon Mucha 110 Innovation Drive Irvine, CA 92617 bmucha@irvinecompany.com Joey Restaurant Group Attn: James Szabatin 2400-1177 West Hastings Street Vancouver, BC V6E 2K3 CANADA jszabatin@joeyrestaurants.com RESOLUTION NO. ZA2021-090 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR USE PERMIT NO. UP2021-046 TO ALLOW AN EXPANDED TYPE 47 (ON SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL LICENSE AREA AT AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT AT 453 NEWPORT CENTER DRIVE (PA2021-263) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by James Szabatin representing Joey Restaurant Group, with respect to property located at 453 Newport Center Drive, and legally described as Parcel 1 of Lot Line Adjustment No. 87-3 in the City of Newport Beach, County of Orange, State of California, requesting approval of a minor use permit. 2.The applicant proposes a minor use permit and operator license for Joey Restaurant Group to expand the alcohol service area previously authorized under Use Permit No. UP3654 for Roy’s Restaurant. The existing restaurant location includes late hours (after 11:00 p.m.), dancing, live entertainment, and a Type 47 (On Sale General) alcohol license. The proposed remodel and tenant improvements will make shell building improvements and add a new 2,590-square-foot outdoor dining patio to the south portion of the building. Pursuant to Newport Beach Municipal Code (NBMC) Chapter 5.25, the operation, as described, requires the owner/operator to obtain an Operator License (OL2021-002) through the City because the proposed building and tenant improvements to the establishment result in a change in occupancy and the restaurant includes late hours of operation (after 11:00 p.m.). This application will supercede the previous Use Permit No. UP3654. 3.The subject property is designated CR (Regional Commercial) by the General Plan Land Use Element and is located within the PC-56 (North Newport Center Planned Community) Zoning District. 4.The subject property is not located within the coastal zone. 5.A public hearing was held on December 16, 2021, online via Zoom. 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 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code Zoning Administrator Resolution No. ZA2021-090 Page 2 of 15 10-18-21 of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2.The proposed project involves the expansion of alcoholic service area at a recently expanded restaurant with late hours (after 11:00 p.m.) and an outdoor dining patio. Therefore, both the existing 7,588-square-foot restaurant and new 2,590-square-foot outdoor dining patio expansion qualify for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit 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 Section 20.48.030 (Alcohol Sales) 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 proposed establishment is located within Reporting District 39, wherein the number of crimes is higher than adjacent Reporting Districts and the City. RD 38, 43, and 44 have a lower number of crimes as they are primarily residential with few commercial uses. RD44 (Corona del Mar Village) has slightly higher crime count averages due to its commercial corridor district. Due to the high concentration of commercial land uses in Fashion Island, the crime rate and shoplifting rate is greater than adjacent residential Reporting Districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. ii.The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1.Due to the high concentration of commercial land uses, the calls for service and number of arrests are greater than adjacent residential Reporting Districts. The Police Department does not consider the rate high because of the concentration of restaurants and commercial uses within Fashion Island and the surrounding North Newport Center. The Newport Beach Police Department has not previously reported any calls for service to the subject property since the proposed use is part of a new development project. Zoning Administrator Resolution No. ZA2021-090 Page 3 of 15 10-18-21 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 shopping center does not abut sensitive land uses and is separated from other uses by parking lots, roadways, and other commercial uses. Residential uses are permitted in the northern sections of the PC-56 (North Newport Center Planned Community) Zoning District within Blocks 500, 600, 800, and San Joaquin Plaza. The property is located approximately 300 feet southwest of Block 500, the nearest area that allows for residential uses. There are currently no residential units developed in Block 500. The proposed use is not located in close proximity to other residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. iv.The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1.Off-sale alcohol sales are located in the vicinity at Whole Foods, at 461 Newport Center Drive, within Fashion Island. Additionally, there are many comparable restaurant establishments within the Fashion Island Shopping Center including True Food Kitchen at 451 Newport Center Drive and Fleming’s Steakhouse at 455 Newport Center Drive in the same pad building. The Type 47 (On Sale, General) alcohol license is the same as those obtained by said establishments and there is no evidence suggesting these uses have been detrimental to the neighborhood. An adequate security plan per the Police Department is in place for the Fashion Island Shopping Center and conditions of approval are proposed to adequately manage the late hour component of the proposed restaurant. 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 restaurant. Operational conditions of approval relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2.The restaurant use will be located within a shopping center designated to include such development. The Regional Commercial (CR) designation of the General Plan allows eating and drinking establishments. The service and consumption of alcohol at the restaurant, pursuant to a Type 47 Alcoholic Beverage Control license under the conditions imposed by this Minor Use Permit that it will be operated and maintained, complies with the provisions of the Zoning Code and the North Newport Center Planned Community District Regulations. Zoning Administrator Resolution No. ZA2021-090 Page 4 of 15 10-18-21 3.The restaurant pad is part of a highly-traveled commercial area that is occupied by a mixture of office and retail uses. It is anticipated that the establishment will serve visitors and employees of the nearby businesses who stop and eat within the North Newport Center area. Adding alcohol service and a new bar area in the new outdoor dining patio will complement the food service and provide for the convenience of customers. 4.The proposed restaurant is located within an existing restaurant pad building and is designed as a restaurant that includes on-site service and consumption of alcoholic beverages. Minor Use Permit In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit are set forth: Finding B.The use is consistent with the General Plan and any applicable specific plan: Fact in Support of Finding 1.The Land Use Element of the General Plan designates the project site as Regional Commercial (CR), which is intended to provide retail, entertainment, service, and supporting uses that serve local and regional residents. The proposed restaurant with alcoholic beverage sales and an outdoor dining patio is a use that serves local and regional residents and is consistent with land uses in the CR land use designation. 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 project is located in the Fashion Island Sub-Area of the PC-56 (North Newport Center Planned Community) Zoning District. Fashion Island is intended to be a regional retail and entertainment center and a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. The restaurant with alcoholic beverage sales and an outdoor dining patio is a commercial use that serves visitors, residents, and employees in the area and, therefore, is consistent with the purposes of the North Newport Center Planned Community District for the Fashion Island Sub-Area. 2.Eating and Drinking Establishments are permitted uses within the Fashion Island Sub- Area of the North Newport Center Planned Community Zoning District. Pursuant to the Zoning Administrator Resolution No. ZA2021-090 Page 5 of 15 10-18-21 Planned Community Text, the expansion of on-premise sale of alcohol in conjunction with an eating and drinking establishment requires a minor use permit amendment. 3.The proposed outdoor dining area and the restaurant area are within the limits of the cumulative floor area allocated for Fashion Island. In this case, the addition of the 2,590- square-foot patio to the existing 1,470,097-square-foot development is well below the 1,523,416-square-foot floor area limit set for Fashion Island. 4.The PC-56 (North Newport Center Planned Community) parking rate is 3 per 1,000 square feet for regional commercial (Fashion Island). The existing gross floor area of 1,470,097 square feet for Fashion Island requires 4,411 parking spaces where 6,106 parking spaces are provided in Fashion Island per Plan Check No. 2163-2020. 5.Prior to the final of building permits, a lot line adjustment will be recorded to include the new building footprint created by the outdoor dining patio within the pad parcel currently established by Lot Line Adjustment No. 87-3. 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 Fashion Island Sub-Area permits a range of retail, dining, and commercial entertainment uses within the PC-56 (North Newport Center Planned Community) Zoning District. While the proposed establishment provides a component of late-night dining services similar to a lounge, the use is compatible with surrounding permitted commercial uses in the vicinity and there currently are no sensitive land uses located nearby. 2.The proposed hours of operation are from 11:00 a.m. to 1:00 a.m., daily. While the proposed hours of operation for Joey’s Restaurant Group are later than the hours for other restaurants within Fashion Island, an adequate security plan is in place for the Fashion Island Shopping Center and conditions of approval are proposed to adequately manage the late hour component of the proposed restaurant. 3.Due to the late hours of operation (after 11:00 p.m.), approval of Operator’s License No. OL2021-002 by the Newport Beach Police Department will be required. A copy of the Fashion Island Security Plan will be provided as part of the operator license process for the proposed business. An operator license required pursuant to NBMC Chapter 5.25 may be subject to additional and/or more restrictive conditions to regulate and control potential nuisances associated with the operation of the restaurant. The operator license will help ensure compatibility of the proposed business with the surrounding uses in the vicinity. Zoning Administrator Resolution No. ZA2021-090 Page 6 of 15 10-18-21 4.The on-site consumption of alcoholic beverages will be incidental to the restaurant use. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period, per the conditions of approval. Alcoholic beverage service will be under the supervision of LEAD-trained employees. 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 Fashion Island shopping center provides adequate parking and circulation within the surface parking lots and parking structures on site. 2.This site has been reviewed by the Fire Department to ensure adequate public and emergency vehicle access is provided. Fire sprinklers will be required within the new outdoor dining patio and retractable awning area. Utilities are provided with all applicable requirements. 3.The site has historically been developed and used as a restaurant location with alcohol service and the new outdoor dining patio is intended for the same use. The tenant space is designed and developed for an eating and drinking establishment. 4.Improvements to the building and new outdoor dining patio will comply with all Building, Public Works, and Fire Codes. All ordinances of the City 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, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, a 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 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 food service, eating and drinking establishment with alcohol service will serve visitors and the surrounding business community. The proposed establishment will Zoning Administrator Resolution No. ZA2021-090 Page 7 of 15 10-18-21 provide alcohol service as a public convenience to visitors and workers within the surrounding area. 3.Fashion Island management has historically provided efficient on-site security and cooperates with the Newport Beach Police Department. The provision of an operator license will further enable the Police Department to regulate the operation of the proposed business. 4.The location will utilize an existing grease interceptor, 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1.The Zoning Administrator 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. 2.The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2021-046, 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 or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 4.This resolution supersedes Use Permit No. UP3654, which upon vesting of the rights authroized by this Minor Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF DECEMBER, 2021. Zoning Administrator Resolution No. ZA2021-090 Page 8 of 15 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 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 Minor Use Permit. 4.This approval is for alcoholic beverage service only. The off-sale of alcoholic beverages for off-site consumption is prohibited. 5.This Use Permit for an alcoholic beverage control outlet granted in accordance with the terms of this chapter (Chapter 20.89 of the Newport Beach Municipal Code) shall expire within 12 months from the date of approval unless a license has been issued or transferred by the California State Department of Alcoholic Beverage Control prior to the expiration date. 6.The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 7.Alcoholic beverage sales from drive-up or walk-up service windows shall be prohibited. 8.The exterior of the alcoholic beverage outlet 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. 9.Prior to issuance of final building permits, a lot line adjustment shall be recorded to incorporate the expanded dining area into the pad building Parcel 1 of Lot Line Adjustment No. 87-3 in accordance with Section 19.04.035 of the Subdivision Code. 10.The hours of operation shall be limited from 9:00 a.m. to 1:00 a.m., daily. 11.The expanded outdoor dining area shall not exceed 2,590 square feet in area. Zoning Administrator Resolution No. ZA2021-090 Page 9 of 15 10-18-21 12.The installation of roof coverings shall not have the effect of creating a permanent enclosure. 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 minor use permit. 13.The operator as well as any future operators of the restaurant shall obtain an Operator License pursuant to Chapter 5.25 of the Municipal Code to ensure the business is operated in a safe manner. The Operator License may be subject to additional and/or more restrictive conditions to regulate and control potential late-hour nuisances associated with the operation of the restaurant. The applicant may choose to limit their closing hour to 11:00 p.m., daily, in-lieu of obtaining an Operator License. In this case, the applicant shall provide written notification to the City to exercise this option. 14.All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 (Community Noise Control) of the Municipal Code. 15.All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 16.Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 17.All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape plan. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 18.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. 19.Prior to the issuance of a building permit, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are “1” or less at all property lines. 20.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 Zoning Administrator Resolution No. ZA2021-090 Page 10 of 15 10-18-21 the Newport Beach Municipal Code. 21.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 and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 22.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 7:00 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. 23.No outside paging system shall be utilized in conjunction with this establishment. 24.All trash areas shall be screened from adjoining properties and streets. 25.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 and drain to the sewer system. 26.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. 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 debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 28.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). 29.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. Zoning Administrator Resolution No. ZA2021-090 Page 11 of 15 10-18-21 30.Dancing and live entertainment shall be permitted in accordance with a Café Dance Permit and Live Entertainment Permit issued by the Revenue Manager in accordance with Title 5 of the Newport Beach Municipal Code. 31.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. 32.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. 33.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. 34.This Minor Use 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. 35.Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Minor Use Permit. 36.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. 37.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 Minor 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 and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Minor Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 38.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. Zoning Administrator Resolution No. ZA2021-090 Page 12 of 15 10-18-21 39.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 Joey Restaurant Group including, but not limited to, Minor Use Permit No. UP2021-046 (PA2021-263). 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 40.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. 41.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 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. 42.Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 43.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. 44.No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 45.No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. Zoning Administrator Resolution No. ZA2021-090 Page 13 of 15 10-18-21 46.There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 47.Food service shall be made available to patrons until closing. 48.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. 49.Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or the sale of drinks is prohibited. 50.“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). 51.Strict adherence to maximum occupancy limits is required. 52.The applicant shall maintain a security recording system with a 30-day retention and make those recordings available to police upon request. 53.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. 54.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. 55.An Operator License required 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. Fire Department 56.Automatic fire sprinklers shall be required for the new outdoor dining patio and retractable patio cover. The sprinkler system shall be monitored by a UL certified alarm service company. Building Division Zoning Administrator Resolution No. ZA2021-090 Page 14 of 15 10-18-21 57.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. 58.The restaurant shall provide the number of plumbing fixtures to satisfy the requirements of Chapter 4 of the California Building Code, 2010. 59.Prior to issuance of building permits, an exit analysis shall be provided for the outdoor dining patio. 60.A washout area for refuse containers shall be provided to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and Public Works Department. 61.Grease interceptors shall be installed on all fixtures in the restaurant where grease may be introduced into the drainage systems, unless otherwise approved by the Building Department and the Public Works Department. Grease interceptors shall be located to be easily accessible for routine cleaning and inspection. 62.Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction of the Building Department. 63.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. 64.The site plan shall clearly identify the parking, path of travel, entrance, restrooms, fixed seating, and bar seating to comply with accessibility requirements. 65.The applicant shall employ the following best available control measures (“BACMs”) to reduce construction-related air quality impacts: Dust Control Water all active construction areas at least twice daily. Cover all haul trucks or maintain at least two feet of freeboard. Pave or apply water four times daily to all unpaved parking or staging areas. Sweep or wash any site access points within two hours of any visible dirt deposits on any public roadway. Cover or water twice daily any on-site stockpiles of debris, dirt or other dusty material. Suspend all operations on any unpaved surface if winds exceed 25 mph. Emissions Require 90-day low-NOx tune-ups for off road equipment. Limit allowable idling to 30 minutes for trucks and heavy equipment Off-Site Impacts Encourage carpooling for construction workers. Zoning Administrator Resolution No. ZA2021-090 Page 15 of 15 10-18-21 Limit lane closures to off-peak travel periods. Park construction vehicles off traveled roadways. Wet down or cover dirt hauled off-site. Sweep access points daily. Encourage receipt of materials during non-peak traffic hours. Sandbag construction sites for erosion control. Fill Placement The number and type of equipment for dirt pushing will be limited on any day to ensure that SCAQMD significance thresholds are not exceeded. Maintain and utilize a continuous water application system during earth placement and compaction to achieve a 10 percent soil moisture content in the top 6-inch surface layer, subject to review/discretion of the geotechnical engineer. Public Works Department 66.County Sanitation District fees shall be paid prior to the issuance of any building permits. 67.A lot line adjustment shall be submitted and approved with the Public Works Department prior to recordation and building permit final. 68.The on-site parking, vehicular circulation, and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer.