Loading...
HomeMy WebLinkAboutPA2021-149_20211209_Resolution_PC2021-033Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL January 21, 2022 Rand Kruse A+I Attn: Rand Kruse 3404 Via Oporto, Suite 201 Newport Beach, CA 92663 rand@randkruse.com Subject: Minor Use Permit No. UP2021-029 (PA2021-149) 3400 Via Oporto, Suite 104 Skal Minor Use Permit Dear Mr. Kruse, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Planning Commission on December 9, 2021 and effective on December 24, 2021. 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, Liz Westmoreland, Associate Planner law RESOLUTION NO. PC2021-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR USE PERMIT NO. UP2021-029 FOR A NEW FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH A TYPE 47 (ON-SALE GENERAL - EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AND OUTDOOR DINING WITH NO LATE HOURS LOCATED AT 3400 VIA OPORTO (PA2021-149) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by John Stockwell (“Applicant”) with respect to property located at 3400 Via Oporto, and legally described as Parcel 1 of Parcel Map No. 59-17 (“Property”) requesting approval of a minor use permit. 2. The Applicant proposes a minor use permit to operate a 1,453-square-foot food service, eating and drinking establishment with a Type 47 (On-Sale General - Eating Place) Alcoholic Beverage Control (ABC) license (“Project”) within a vacant tenant space. The Project will include 347 square feet of interior net public area and a 199-square-foot outdoor dining area. There are no late hours (after 11:00 p.m.). 3. The Property is located within the Mixed-Use Water (MU-W2) Zoning District and the General Plan Land Use Element category is Mixed Use Water 2 (MU-W2). 4. The 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 (MU-W2) Coastal Zoning District. The Project is exempt from coastal development permitting requirements because there is no increase in floor area or building height authorized under this action. New restaurants and conversions (as well as the associated parking requirements) were previously authorized under Conditional Use Permit No. UP2017-019, which included a parking management plan for Lido Marina Village. The area dedicated to restaurant use under this project is consistent with conditional use permit No UP2017-019 thus, there would be no intensification of use. 5. A public hearing was held on December 9, 2021 in the 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 California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of 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. Planning Commission Resolution No. PC2021-033 Page 2 of 14 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, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. Class 1 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of public or private structure, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Project involves the interior alteration of an existing commercial building. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales) and NBMC Subsection 20.52.020(F) (Conditional Use Permits and Minor Use Permits), 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 NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding In finding that the Project 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 Newport Beach Police Department (NBPD) divides the City into areas referred to as Reporting Districts. The Project is located within Reporting District (RD) 15 which stretches from 20th Street to 37th Street along the Newport Beach Peninsula. The Part One Crimes0F1 crime rate in RD 15 was 136 crimes reported in 2020, which is higher than adjacent reporting districts RD 13, RD 16, and RD 12 and the Citywide average. The higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of non-residential to residential uses. While the area does have a high concentration of alcohol licenses, the findings can be made despite higher concentrations of crimes. Further, Lido Marina Village (LMV) was designed to accommodate restaurants. The service of alcoholic beverages would provide additional menu options for customers and would enhance the economic viability of the business. 2. The NBPD has reviewed the proposed use, provided operating conditions of approval, and has no objection to the addition of the Type 47 alcoholic beverage license subject 1 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. Planning Commission Resolution No. PC2021-033 Page 3 of 14 to appropriate conditions of approval. The operation of the establishment includes the approved floor plan and a closing hour of 11 p.m. ii. The number 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 RD 13, RD 16 and 12. There have been seven police dispatch events since January 1, 2019 at the subject location. Based on the operational characteristics of the proposed use, the NBPD has reviewed the proposal and has no objection. 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 Property is located in a mixed-use district where residential development is permitted above the first floor. However, Lido Marina Village does not include any residential development and there are no current plans to add residential use to the shopping area. 2. The nearest place of recreation, the beach, is located approximately one-half mile to the west. The nearest church, St. James Episcopal Church, is located approximately 600 feet to the south of the subject property along Via Lido. The nearest school, Newport Elementary School, is located approximately one mile to the southeast along West Balboa Boulevard. The project site is not located in close proximity to a daycare center. The proposed use is otherwise surrounded by other commercial retail and office uses. 3. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. This location, Lido Marina Village, has greater distance from sensitive land uses than other commercial areas on the peninsula. The nearest residential uses are located in the adjacent mixed-use building with the residential units being located on the upper levels away from the ground floor restaurant. 4. Eating and drinking establishments with alcohol service are common in Lido Marina Village and the proposed ABC license in conjunction with an early closing hour (11:00 p.m.) is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. The draft resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The Lido Marina Village was designed to accommodate multiple restaurants and the Project is expected to be located in close proximity to other food service establishments. Planning Commission Resolution No. PC2021-033 Page 4 of 14 This includes approved applications for Nobu, a food service with late hours, outdoor dining, and a Type 47 (On-Sale General) alcohol license located at 3450 Via Oporto; Circle Hook, a food service with outdoor dining, a Type 47 (On-Sale General) alcohol license and no late hours located at 3432 Via Oporto; Lido Bottle Works, a food service with late hours, outdoor dining, a Type 41 alcohol license, and a Type 20 (Off Sale Beer and Wine) alcohol license; and Malibu Farm, a food service with outdoor dining, a type 47 (On-Sale General) alcohol license, and no late hours. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. 2. The per capita ratio of one license for every 69 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, alcohol licenses attributed to adjacent marina operations, lower number of residential properties, and high number of restaurants in Lido Marina Village, Cannery Village, and McFadden Square. While the license-to-resident ratio is higher than average and the Project is located in close proximity to other establishments, the location in Lido Marina Village, an established commercial area, together with the proposed operational characteristics would make the service of alcoholic beverages acceptable. The NBPD does not anticipate any increase in crime or alcohol-related incidents with the approval of this application subject to the proposed conditions of approval. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the site. 2. The Project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of Title 20 (Planning and Zoning) 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 NBPD relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 3. The hours of operation of the establishment will minimize the potential effects on land use. The establishment closes by 11 p.m., food service from the regular menu shall be made available to patrons until closing, and there will be no live entertainment or dancing, which will ensure the use does not become a late night bar, tavern, or nightclub. 4. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to receive ABC-required training in responsible methods and skills for selling alcohol beverages. 5. The subject suite was previously utilized as an office and alcohol storage space for a charter boat operation, which had ABC licenses for several boats in their fleet (Type 54 – On-Sale General Boat). At least three of the charter boats received Type 54 Licenses. Planning Commission Resolution No. PC2021-033 Page 5 of 14 The charter boat operation is no longer operating at Lido Marina Village and the Project would result in an overall reduction of ABC licenses at this location. Finding B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding 1. The MU-W2 (Mixed-Use Water 2) General Plan and MU-W (Mixed-Use Water Related) Coastal Land Use Plan land use designations apply to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Although the Property and surrounding development does not include residential uses, the proposed eating and drinking establishment is consistent with the visitor-serving land uses intended for the MU-W2 and MU-W land used designations. 2. The requested outdoor dining patio is compatible with the goals established for Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes the need for a “pedestrian-oriented village environment that reflects its waterfront location, providing a mix of uses that serve visitors and local residents.” The proposed outdoor dining patio provides an amenity for coastal visitors to enjoy the bay frontage. 3. The Circulation Element Goal 7.1 (Parking) is to ensure an adequate supply of convenient parking is available throughout the City. Analysis provided by the Lido Marina Village Parking Demand Analysis and in accordance with the approved Parking Management Program (Use Permit No. UP2017-019) demonstrates that an adequate supply of parking will be provided based upon the shared use of parking within Lido Marina Village. 4. Pursuant to Coastal Land Use policies the project will provide public access via a public walkway along the waterfront with a 6-foot minimum width along the bay. 5. The Property is not 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. Fact in Support of Finding 1. The MU-W2 (Mixed Use Water) Zoning District applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. Eating and drinking establishments with alcohol and no late hours require the approval of a minor use permit within the MU-W2 (Mixed-Use Water) Zoning District. Planning Commission Resolution No. PC2021-033 Page 6 of 14 2. NBMC Subsection 20.48.090(G)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The outdoor dining patio is only 199 square feet and would close at 11 p.m. minimizing noise impacts to residents located across Newport Harbor. 3. The proposed restaurant use and required parking is consistent with the Lido Marina Village Parking Management Program authorized under Use Permit No. UP2017-019, which authorized a specific amount of restaurant space in the shopping center. The proposed tenant improvement for this project is compliant with the approved maximum area allowed for restaurant uses in Lido Marina Village. Due to the limited amount of restaurant square footage remaining, the Applicant has voluntarily forfeited their approved entitlement (UP2019-022) for the expansion of the existing Malibu Farm restaurant at 3424 Via Oporto. The expansion authorized under Use Permit No. UP2019-022 has not been constructed. The square footage allocated to the Malibu Farm expansion has been reallocated to the Project. A condition of approval has been included that would allow reinstatement of the existing UP2019-022 by the Community Development Director should the proposed use permit No. UP2021-029 expire. 4. As conditioned, the Project will comply with NBMC standards for eating and drinking establishments. 5. The eating and drinking establishment is consistent with the Lido Marina Village Design Guidelines. The renovation of the existing tenant space will support local establishments within Lido Marina Village and improve the pedestrian streetscape. 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 commercial tenant space is being improved with a kitchen and indoor and outdoor dining areas. Communal restrooms would be utilized pursuant to the approved Master Restroom Plan. The existing infrastructure is adequate to accommodate the eating and drinking establishment. The location is compatible with other commercial uses in the area and serves as a supporting restaurant use within Lido Marina Village. The eating and drinking establishment also serves as an important visitor-serving use that benefits the area, which is in furtherance of the City’s Coastal Land Use Plan and the Coastal codified in California Public Resources Code Section 30000 et. seq. 2. The Property is located in a relatively dense commercial village area with multiple uses within a short distance of each other. Lido Marina Village is conducive to a significant amount of walk-in patrons. No on-site parking is available for the Property but adequate parking is provided in the Lido Marina Village parking structure and adjacent street as authorized under the approved Parking Management Program for Lido Marina Village (Use Permit No. UP2017-019). Planning Commission Resolution No. PC2021-033 Page 7 of 14 3. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables and counter areas to accommodate seats and a dining atmosphere. There is no live entertainment or dance floor. Applicant is required to maintain substantial conformance with the approved floor plan in conjunction with a Type 47 (On Sale General - Eating Place) alcohol license so that the restaurant’s primary use is an eating and drinking establishment and not a bar, lounge, or night club. 4. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to NBMC Section 20.30.070 (Outdoor Lighting). Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding 1. The Project is located within an existing commercial building. The design, size, location, and operating characteristics of the use are compatible with the surrounding Lido Marina Village development. 2. Adequate public and emergency vehicle access is provided from Via Oporto and from Via Lido, and public services and utilities are provided for on-site. 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will require approval by the Orange County Health Department. 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, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The tenant improvements to the existing commercial building should have a positive impact on the area and may promote further revitalization of commercial properties located in Lido Marina Village. The eating and drinking establishment will serve the surrounding community. 2. The Project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. Turning music on the patio off at 10 p.m. will ensure the restaurant will remain in compliance with NBMC Chapter 10.26 (Community Noise Control). Planning Commission Resolution No. PC2021-033 Page 8 of 14 3. The hours of operation reduce impacts to surrounding land uses and sufficient parking is available in the area to accommodate the eating and drinking establishment. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the restaurant facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment. 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. 2. The Planning Commission of the City of Newport Beach hereby approves UP2021-029 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. PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF DECEMBER, 2021. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Rosene, and Weigand NOES: None ABSTAIN: None ABSENT: Lowrey BY: -----------Lauren Kleiman, Vice Chair BY: Curtis Ellmore, Secretary Planning Commission Resolution No. PC2021-033 Page 9 of 14 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 Use Permit. 4. Upon exercising this use permit (UP2021-029), the previously approved Use Permit No. UP2019-022 (PA2019-057) shall be deemed void. The Community Development Director may reinstate UP2019-022 if the subject use permit expires (UP2021-029). 5. No off-sale of alcoholic beverages is permitted. 6. Pursuant to NBMC Section 20.48.090 the sale or service of alcoholic beverages from the pass through window is prohibited. A sign shall be installed at the pass through/walk up window that states this requirement. 7. The hours of operation for the restaurant (interior and exterior) shall be limited to 9:00 a.m. to 11:00 p.m., daily. 8. Music on the outdoor patio shall cease by 10:00 p.m., daily. 9. The “net public area” shall not exceed 347 square feet for the interior of the subject restaurant facility. 10. The outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining area shall be limited to 199 square feet in area. 11. Fences, walls, or similar boundaries shall serve only to define the outdoor dining area and not constitute a permanent all-weather enclosure. 12. There shall be no dancing allowed on the premises. Planning Commission Resolution No. PC2021-033 Page 10 of 14 13. Live entertainment shall not be permitted unless an amendment to this use permit is approved and the operator has obtained a live entertainment permit from the Revenue Division. 14. The installation of roof coverings shall not have the effect of creating a permanent enclosure of the outdoor dining area. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this use permit. 15. 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 of the Newport Beach Municipal Code, Community Noise Control. 16. Prior to permit issuance, the applicant shall pay fair share traffic fees for the proposed restaurant use. 17. 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. 18. Use Permit No. UP2021-029 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. 19. 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. 20. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 21. Prior to the 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. 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. Planning Commission Resolution No. PC2021-033 Page 11 of 14 23. 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. 24. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) 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 25. 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. 26. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) 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. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 27. No outside paging system shall be utilized in conjunction with this establishment. 28. 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. 29. 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. 30. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 31. The owner/operator 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 Planning Commission Resolution No. PC2021-033 Page 12 of 14 compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 32. 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. 33. 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. 34. 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. 35. 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. 36. 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 Skal Minor Use Permit including, but not limited to, Minor Use Permit No. 2021-029 (PA2021-149). 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. Fire Department 37. The project shall comply with the following Codes: a. CMC Chapter 517 (2019) b. CFC Chapter 607, 906.4, 904 (2019) c. NFPA 96 Chapter 14 38. A fixed suppression system shall be required for all cooking appliances. Planning Commission Resolution No. PC2021-033 Page 13 of 14 Building Division 39. Prior to the issuance of building permits, Health Department approval is required. Public Works Department 40. Grease interceptor shall be located outside of the utility easement and shall not impact the existing storm drain. 41. The 6-foot pedestrian easement shall remain open and clear of any obstructions. Police Department 42. The owner/operator 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. 43. 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. 44. The eating and drinking establishment shall close no later than 11:00 p.m. 45. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 46. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 47. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 48. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 49. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m. Planning Commission Resolution No. PC2021-033 Page 14 of 14 50. Food service from the regular menu shall be made available to patrons until closing. 51. The owner/operator 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. 52. 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 is prohibited. 53. “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). 54. Strict adherence to maximum occupancy limits is required. 55. The owner/operator shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. 56. 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.