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HomeMy WebLinkAboutPA2022-0157_20221123_Resolution_ZA2022-076Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL November 23, 2022 Lugano Prive, LLC 545 Newport Center Drive Newport Beach, CA 92660 idit@luganodiamonds.com Subject: Minor Use Permit No. PA2022-0157 545 Newport Center Drive Lugano Prive, LLC Minor Use Permit Dear Ms. Ferder, 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 23, 2022 and effective on December 8, 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. Sincerely, CC/cnc cc: Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 retail@irvinecompany.com Daisy Rosaia 20 Shelly Place, Danville, CA 94526 daisy.rosaia@gmail.com RESOLUTION NO. ZA2022-076 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT TO ALLOW A TYPE 57 (SPECIAL ON-SALE GENERAL) AND A TYPE 20 (OFF-SALE BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE AT A NEW PRIVATE MEMBERSHIP DINING ESTABLISHMENT WITH LIVE ENTERTAINMENT AND NO LATE HOURS LOCATED AT 545 NEWPORT CENTER DRIVE (PA2022-0157) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lugano Prive, LLC, concerning property located at 545 Newport Center Drive and legally described as Parcel 1, Block 221, Page 30 requesting approval of a Minor Use Permit. 2. The applicant requests a minor use permit for Lugano Prive, a private membership dining establishment, operating with a Type 57 (Special On Sale General) and an accessory Type 20 (Off-Sale Beer and Wine) Alcoholic Beverage Control (ABC) license with no late hours (after 11:00 p.m.). Accessory off-sale alcohol sales are proposed in the form of to- go gift packages. The tenant improvement for the private membership dining establishment is under construction at the site formerly occupied by Canaletto Ristorante. Live entertainment is proposed in conjunction with promotional and special events, up to five (5) times a month consisting of small jazz bands, orchestras, speakers, and other upscale musical performances. Live entertainment may include amplified sound and no late hours of operation (after 11:00 p.m.) are proposed. Since alcoholic beverages are offered with entertainment, approval of an operator’s license by the Chief of Police will be required. 3. The subject property is designated Regional Commercial (CR) by the General Plan Land Use Element and is located within the North Newport Center Planned Community (PC56). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on November 23, 2022, online via Zoom. A notice of the time, place, and purpose of the hearing was given by 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 15303 under Class 3 (New Construction or Conversion of Small Structures) of the Zoning Administrator Resolution No. ZA2022-076 Page 2 of 14 10-18-21 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 Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. 3. The proposed scope of work is a maximum 7,585-square-foot suite and a 754-square- foot outdoor dining area at a new private membership dining establishment in an existing suite formerly occupied by a restaurant and qualifies under the parameters of the Class 3 exemption. Further, the change in use, permitted under the Class 3 exemption, is minor in nature. The only significant changes in operational characteristics are restricted patrons to members and their guests only and the addition of private events and live entertainment. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions. 4. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, 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. Fact in Support of Finding: 1. 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: Finding B. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Fact in Support of Finding Zoning Administrator Resolution No. ZA2022-076 Page 3 of 14 10-18-21 1. In finding that the Project is consistent with Section 20.48.030 (Alcohol Sales) of the NBMC, 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. Reporting District Part One Crimes (Serious offenses) Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people)1 RD No. 39 135 208 4,835 RD No. 43 19 21 1,152 RD No. 47 17 24 719 RD No. 38 29 22 1,032 Newport Beach 1,789 3,222 2,064 a. The RD 39 crime count for 2021 is 261, which is 158 percent over the citywide average of 101 crimes per RD. The higher crime rate is largely attributable to the concentration of commercial land uses and the high ratio of nonresidential to residential uses. For example, the RD to the southeast, RD 44, contains the entire commercial corridor along East Coast Highway within Corona del Mar. RD 44 is smaller in land area than RD 39 yet it maintains a comparable number of crimes due to the similarly high ratio of nonresidential to residential uses. The remaining neighboring RDs, 43 and 47, are primarily residential with few commercial uses. As a result, they have a significantly lower number of crimes. Their crime average is 64 percent and 62 percent below the citywide average, respectively. b. The NBPD has reviewed the project and has no objection to the proposed Types57 (Special On-Sale General) and Type 20 (Off-Sale General) ABC licenses, subject to appropriate conditions of approval which have been incorporated into Exhibit “A” of this Resolution. These conditions include provisions such as the requirement that all owners, managers, and employees selling alcoholic beverages shall undergo and complete a certified training program in responsible methods and skills for selling alcoholic beverages. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and adjacent reporting districts. Reporting District DUI/Drunk Arrests Total Arrests Calls for Service2 RD No. 39 47 199 7,095 RD No. 43 5 18 913 RD No. 47 6 33 1,023 RD No. 38 7 27 903 Newport Beach 796 2,959 97,176 1 Crimes rate data to be provided by the Police Department prior to the Planning Commission hearing. Police has reviewed the crimes and data and confirmed their recommendation as provided in the Police Department memorandum. 2 Calls for service data to be provided by the Police Department prior to the Planning Commission hearing. Police has reviewed the alcohol-related data and confirmed their recommendation as provided in the Police Department memorandum. Zoning Administrator Resolution No. ZA2022-076 Page 4 of 14 10-18-21 a. Alcohol-related calls for service, crimes, or arrests in RD 39 make up 23 percent of arrests in this reporting district. This is higher than neighboring RD 43, 47, and 38 (27 percent, 18 percent, and 26 percent, respectively). Based on the operational characteristics of the proposed use, the NBPD has reviewed the proposal and has no objection. b. Compared to the adjacent RDs, RD 39 had a higher percentage of alcohol-related crimes in 2021. The higher number of crimes is to be expected given the crime figure includes driving under the influence, public intoxication, and liquor law violations. These are crimes associated with commercial establishments. RD 43 and 47, which are primarily residential, are unlikely to have similar crime incidents. iii. The proximity of the establishment to residential zoning districts, daycare centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. a. The private membership dining establishment is located on the first floor of the northeastern section of the shopping center. The establishment features an interior dining and entertainment space and an accessory outdoor patio. Fashion Island does not abut any sensitive land uses and is separated from other structures and uses by parking lots, a busy roadway, and other commercial uses. Residential uses are permitted in the northern sections of PC56; however, the private membership dining establishment is separated from the nearest residential use by over 500 feet. There are no daycare centers, hospitals, parks, places of worship, or schools within the mall. While some minors are expected to be present at the private membership dining establishment, the business is intended to attract a variety of users and not specifically minors. b. Eating and drinking establishments, which operate similarly to the proposed private membership dining establishment, with incidental alcohol service are common within the mall. The upgraded ABC license is not anticipated to alter the operational characteristics of the proposed private membership dining establishment such that it becomes detrimental to the area. c. Condition of Approval No. 35 prohibits the private membership dining establishment from operating as a bar or tavern which should help ensure compatibility with the surrounding businesses. Late hours are not proposed as part of this project nor are they allowed by this use permit. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. Zoning Administrator Resolution No. ZA2022-076 Page 5 of 14 10-18-21 Census Tract Active On-Sale ABC License Per Capita Tract 630.08 64 1 per 38 residents Tract 627.01 26 1 per 103 residents Tract 626.42 5 1 per 570 residents Tract 630.07 17 1 per 394 residents County-wide 3,876 1 per 822 residents a. There are several restaurants with accessory alcohol service, which operate similarly to private membership dining establishments, within the mall. These include Fleming’s Steak House, True Food Kitchen, Back Bay Tavern at Whole Foods Market, Cheesecake Factory, and P.F. Chang’s. Generally, these restaurants operate with a Type 41 (On-Sale Beer and Wine) or a Type 47 (On-Sale General) ABC license. There is no evidence suggesting that these uses have been detrimental to the surrounding vicinity. Additionally, there is no evidence to suggest that the approval of this upgraded alcohol sales license would create any new objectionable conditions. A Type 57 ABC license is like a Type 47 (On-Sale General) license in that it allows for the on-site consumption of beer, wine, and spirits. A Type 57 license is required as Lugano Prive does not qualify for a Type 47 (On-Sale General) or Type 51 (Club) license as the establishment will be open to members and their guests only and invitees of the private events (not the general public), and as Lugano Prive will have private events and may facilitate the off-site consumption of beer or wine by members and their guests, respectively. A Type 20 (Off-Sale Beer and Wine) license is required as Lugano Prive will be selling wine in conjunction with to-go boxes of food as an accessory use to the private membership dining establishment. b. Whole Foods Market, to the south of the subject suite, operates with a Type 21 (Off-Sale General) ABC license, among others. This license type is similar, and more intense than the Type 20 ABC license proposed by the private membership dining establishment. v. Whether or not the proposed amendment will resolve any current objectionable conditions. a. No objectionable conditions are presently occurring at the Property. While police dispatched officers to the prior location (Canaletto) 12 times in 2021, arrests were reported for the subject suite. b. The proposed private membership dining establishment will diversify its offerings as a convenience to its patrons. The project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC are maintained and that a healthy environment for residents and businesses is preserved. Zoning Administrator Resolution No. ZA2022-076 Page 6 of 14 10-18-21 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: C. The use is consistent with the General Plan and any applicable specific plan: Facts 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 private membership dining establishment with alcoholic beverage services and live entertainment is a use that serves local and regional residents and is consistent with land uses in the CR land use designation. 2. Land Use Element Policy LU 6.14.1 Fashion Island [“CR” designation] is intended to: Provide the opportunity for an additional anchor tenant, other retail, and/or entertainment and supporting uses that complement, are integrated with, and enhance the economic vitality of existing development. A maximum of 213,257 square feet of retail development capacity specified by Table LU2 (Anomaly Locations) may be reallocated for other permitted uses in Newport Center, provided that the peak hour vehicle trips generated do not exceed those attributable to the underlying retail entitlement. Lugano Prive is intended to serve defining tenants for the Fashion Island Mall and the surrounding area. The applicant requests the addition of alcohol service to a private membership dining establishment, which will complement the fine food served daily and during promotional and special events. Due to this, the project is not expected to result in increased traffic. 3. The subject property is not a part of a specific plan area. Finding: D. 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, which 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 private membership dining establishment with alcoholic beverage sales and live entertainment is a commercial use that serves visitors, residents, and employees in the area and, therefore, is consistent Zoning Administrator Resolution No. ZA2022-076 Page 7 of 14 10-18-21 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 Planned Community Text, live entertainment falls within the definition of “Commercial Recreation and Entertainment,” which is a permitted use within the Fashion Island sub- area. Pursuant to the Planned Community Text, the on-premises sale of alcohol in conjunction with an eating and drinking establishment requires a minor use permit. 3. The proposed private membership dining establishment is within the limits of the cumulative floor area allocated for Fashion Island. Finding: E. 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 dining services like a lounge, the use is compatible with surrounding permitted commercial uses in the vicinity and there are no sensitive land uses located nearby. 2. The proposed hours of operation are 10:00 a.m. to 7:00 p.m., daily, with an extended closing time up to 11:00 p.m. during private events. 3. Typically, there will be no more than 65 patrons and 10 staff on-site at a time; during private events, there will be no more than 100 attendees. 4. The private membership dining establishment proposes live entertainment up to five (5) times a month, the majority of which will occur during special and promotional events. Live entertainment may include amplified sound, and no late hours of operation (after 11:00 p.m.) are proposed. The live entertainment is proposed to consist of small jazz bands, orchestras, speakers, and other upscale musical performances. Condition of approval number No. 3 limits hours of operation for the private membership dining establishment to 10:00 a.m. through11:00 p.m., daily. 5. Due to the inclusion of alcohol service with live entertainment, the approval of an Operator’s License by the Newport Beach Police Department is 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 under 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 private membership dining establishment. Zoning Administrator Resolution No. ZA2022-076 Page 8 of 14 10-18-21 The operator license will help ensure the compatibility of the proposed business with the surrounding uses in the vicinity. 6. The on-site consumption of alcoholic beverages will be incidental to the private membership dining establishment 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 F. 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, as the site is not completely built out, and is currently over-parked. 2. This site has been reviewed by the Fire Department to ensure adequate public and emergency vehicle access is provided. Utilities are provided with all applicable requirements. 3. The site has historically been developed and used as a restaurant location with alcohol service (Canaletto) and the existing suite is currently being reconfigured. The proposed private membership dining establishment will operate similarly to a restaurant, except that admittance into the business will be limited to members and their guests only, and, during promotional and special events, a select and exclusive attendee list. The tenant space is under renovation for an eating and drinking establishment. Finding G. 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 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. Zoning Administrator Resolution No. ZA2022-076 Page 9 of 14 10-18-21 2. The private membership dining establishment with alcohol service and live entertainment will serve visitors and the surrounding business community. The proposed establishment will provide alcohol service as a convenience to members, philanthropic organizations, and general patrons of the adjacent Lugano Diamonds salon, which is a retail tenant open to the public and accepts walk-ins, 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 applicant is required to install a grease interceptor, obtain Health Department approval before 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 under Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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 a minor use permit (PA2022-0157), subject to the conditions outlined 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. UP2008-008 (PA2008-054), which upon vesting of the rights authorized by Minor Use Permit (PA2022-0157) shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF NOVEMBER 2022. Zoning Administrator Resolution No. ZA2022-076 Page 10 of 14 10-18-21 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1.This approval supersedes Use Permit No. UP2008-008 (PA2008-054). 2.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.) 3.The hours of operation shall be limited to between 10:00 a.m. to 11:00 p.m., daily. 4.Live entertainment consisting of small jazz bands, orchestras, speakers, and other upscale musical performances shall be permitted at the subject property up to five (5) times a month, from 10:00 a.m. to 11:00 p.m., maximum. Amplified sound shall be permitted. There shall be no live entertainment allowed on the premises without first obtaining a Live Entertainment Permit from the City. Prior to the issuance of building permits for the change of occupancy, the applicant shall obtain a Live Entertainment Permit from the Revenue Division. 5.The interior net public area of the establishment shall be limited to 5,908 square feet for the interior area and 754 square feet for the outdoor patio. 6.The installation of roof coverings shall not have the effect of creating a permanent enclosure for the outdoor dining patio. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. 7.The restaurant windows and doors shall remain closed while live entertainment is conducted within the establishment. 8.A Special Event Permit is required for any event or promotional activity outside the normal operating characteristics of this private membership dining establishment 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. 9.There shall be no dancing allowed on the premises. This shall not be misconstrued as prohibiting dancing as part of a live performance in conjunction with live entertainment up to five (5) times a month. 10.The restaurant and patio seats shall be configured in dining room settings. The dining tables and chairs are not permitted to be moved to create standing areas for food and beverage service to patrons. Zoning Administrator Resolution No. ZA2022-076 Page 11 of 14 10-18-21 11.The operator of the private membership dining establishment 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. 12.All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets and shall be sound attenuated by Chapter 10.26 of the Municipal Code, Community Noise Control. 13.All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three [3] walls and a self-latching gate) or otherwise screened from view of 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. 14.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). 15.The operator of the food service use shall be responsible for the clean-up of all on-site and off-site trash, garbage, and litter generated by the use. 16.Storage outside of the building shall be prohibited, except the required trash container enclosure. 17.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. 18.All proposed signs shall be in conformance with the provisions of the PC-56 (North Newport Center Planned Community), Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code, or an approved Comprehensive Sign Program for the project site. 19.The applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be cause for revocation of this permit. 20.The Zoning Administrator may add to or modify conditions of approval to this Minor Use Permit, upon a determination that the operation which is subject to this Minor Use Permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 21.Any changes in operational characteristics, hours of operation, expansion in the area, or modification to the floor plan, shall require an amendment to this Minor Use Permit unless otherwise approved by the Planning Division. Zoning Administrator Resolution No. ZA2022-076 Page 12 of 14 10-18-21 22.Should the business, subject to the Minor Use Permit conditioned herein, be sold or otherwise come under different ownership or a change in operators, any future owners, operators, or tenants shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 23.This Minor Use Permit shall expire unless exercised within twenty-four months from the date of approval as specified in Section 20.91.50 of the Newport Beach Municipal Code. 24.To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Lugano Prive, LLC including, but not limited to, Minor Use Permit (PA2022-0157). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Fire Department 25.Before to the issuance of final building permits, automatic fire sprinklers, and a fire alarm system shall be required for the new establishment. The sprinkler and alarm systems shall be monitored by a UL-certified alarm service company. Building Division 26.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 shall be obtained, before the issuance of a final building permit. 27.A covered wash-out area (36 inches wide by 36 inches deep by 6 feet high) for refuse containers and kitchen equipment shall be provided and shall drain directly into the sewer system unless otherwise approved by the Community Development Director and Public Works Director in conjunction with the approval of an alternative drainage plan. The washout area shall be specifically shown on the construction drawings submitted for building permits. 28.The facility shall comply with the provisions of Chapter 14.30 of the Municipal Code for commercial kitchen grease disposal, as determined by the Building Division and the Utilities Department. Zoning Administrator Resolution No. ZA2022-076 Page 13 of 14 10-18-21 29.The private membership dining establishment shall provide the number of plumbing fixtures to satisfy the requirements of Chapter 4 of the California Building Code, 2010. 30.Prior to the issuance of building permits, an exit analysis shall be provided for the outdoor dining patio. 31.The site plan shall identify the parking, path of travel, entrance, restrooms, fixed seating, and bar seating to comply with accessibility requirements. 32.The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Division. 33.The project shall comply with State Disabled Access requirements. 34.Public sanitation facilities shall be available to the public (patrons) during regular business hours of the operation unless otherwise approved by the Building Division. Police Department 35.Alcohol service shall be limited to a Type 57 (Special On Sale General) and Type 20 (Off- Sale Beer and Wine) Alcoholic Beverage Control License. 36.The operator as well as any future operators of the private membership dining establishment shall obtain an Operator License under Chapter 5.25 of the Municipal Code to ensure the business is operated safely. 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 establishment. 37.Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code unless the Zoning Administrator first approves an amended minor use permit. This Minor Use Permit shall be terminated if the operation is no longer maintained as a “bona fide public eating place” as defined by the California Department of Alcoholic Beverage Control. 38.No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 39.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. 40.Strict adherence to maximum occupancy limits is required. 41.The applicant shall maintain a security recording system with 30-day retention and make those recordings available to police upon request. Zoning Administrator Resolution No. ZA2022-076 Page 14 of 14 10-18-21 42. 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 visible to the exterior shall constitute a violation of this condition. 43. The applicant shall provide shopping center and individual suite security plans as part of their operator’s license submittal package. 44. 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 sixty (60) days of hire. This training must be updated every three (3) years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within sixty (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. 45. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed.