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HomeMy WebLinkAboutZA2024-064 - APPROVING A MINOR USE PERMIT TO UPGRADE AN EXISTING TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE WITH A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ABC LICENSE AT AN EXISTING EATING AND DRINKING ESTABLISRESOLUTION NO. ZA2024-064 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING A MINOR USE PERMIT TO UPGRADE AN EXISTING TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) ALCOHOL BEVERAGE CONTROL (ABC) LICENSE WITH A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ABC LICENSE AT AN EXISTING EATING AND DRINKING ESTABLISHMENT WITH AN OUTDOOR DINING PATIO LOCATED AT 3408 VIA OPORTO, SUITES 102 AND 103 THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Rand Kruse (Applicant) concerning the property located at 3408 Via Oporto, Suites 102 and 103, and legally described as Parcel 1 of Parcel Map No. 59- 17 (Resubdivision No. 416), consisting of Lots 16 through 21 in Tract 907, as shown on a map recorded in Book 47 Pages 39, of Miscellaneous Maps, records of Orange County, California (Property). The Applicant requests approval of a minor use permit (MUP). 2. The Applicant requests a MUP to upgrade an existing Type 41 (On Sale Beer and Wine) Alcohol Beverage Control (ABC) license to a Type 47 (On-Sale General - Eating Place) ABC license at an existing eating and drinking establishment known as Lido Bottle Works (Restaurant). In conjunction with this request, the daily hours of operation are proposed to be reduced from between 10:00 a.m. and 12:30 a.m. to between 10:00 a.m. and 11:00 p.m., thereby eliminating late hour operations after 11:00 p.m. The Restaurant will continue to utilize a Type 20 (Off-Sale Beer & Wine) ABC license for accessory off-sale beer and wine operations from 10:00 a.m. to 10:00 p.m., daily. There are no physical alterations or changes to floor area or seating of the restaurant. If approved, this minor use permit will supersede Conditional Use Permit (CUP) No. UP2016-027 (Project). 3. The Property is located within the Mixed-Use Water (MU-W2) Zoning District and categorized as Mixed-Use Water 2 (MU-W2) by the General Plan Land Use Element. The MU-W2 zone is intended to apply to waterfront locations in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. 4. The Property is located within the coastal zone, within the Mixed-Use Water (MU-W2) Coastal Zoning District and the Mixed-Use Water Related (MU-W) Coastal Land Use category. The MU-W2 Coastal 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. The Project does not result in an increase in parking intensity of the existing use; therefore, a coastal development permit (CDP) is not required for the Project. Zoning Administrator Resolution No. ZA2024-064 Page 2 of 15 01-17-23 5. On September 1, 2016, the Planning Commission adopted Resolution No. 2023 (PA2016-102) approving CUP No. UP2016-027 for the Restaurant to operate with late hours (past 11:00 p.m.) and with a Type 41 (On-Sale Beer & Wine – Eating Place) ABC license. The Restaurant also has a Type 20 (Off-Sale Beer & Wine) ABC license for accessory off sale of beer and wine which is allowed by right. Table 2-9 (Mixed – Use Zoning District Permit Requirements) of Section 20.22.020 (Mixed-Use Zoning Districts) the Newport Beach Municipal Code (NBMC) allows restaurants with alcohol sales and no late hour operations through approval of a MUP and accessory off-sale of alcohol as permitted by right within the MU-W2 (Mixed-Use Water) Zoning District. Although the Applicant is requesting to upgrade the existing Type 41 ABC license to a Type 47 ABC license, the Applicant has also proposed to eliminate late hour operations (after 11:00 p.m.); therefore, the Project is eligible for consideration by the Zoning Administrator through approval of a MUP and consideration by the Planning Commission for a CUP amendment is not required. 6. A public hearing was held on December 12, 2024, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (CEQA) under 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 Class 1 exemption authorizes minor alterations of existing structures involving negligible or no expansion of use. The Project is to upgrade an existing Type 41 ABC license to a Type 47 license for an existing restaurant and does not involve any physical alterations to tenant space. Therefore, the Class 1 exemption is applicable. 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 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. Zoning Administrator Resolution No. ZA2024-064 Page 3 of 15 01-17-23 Facts in Support of Findings: In finding that the proposed use is consistent with Section 20.48.030 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. 1. The Property is in Reporting District 15 (RD 15). The Newport Beach Police Department (NBPD) is required to report offenses of Part One Crimes combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to the ABC. Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report – criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. The crime rate average in RD 15 is higher than adjacent RD 13, RD 16 and the City-wide Reporting District Average. Adjacent RD 13 and RD 16 are predominantly residential properties compared to the subject RD 15 which includes many commercial and mixed-use areas including the Lido Marina Village, Cannery Village, the Landing shopping center and McFadden Square which are all highly traveled and visited areas by residents and tourists. RD 15 is found to have undue concentration, as it has more than 20% over the citywide average crime count. While the area does have a high concentration of alcohol licenses, the Lido Marina Village was designed to accommodate restaurants within a smaller walkable area concentrated with other commercial uses. 2. The NBPD reviewed the Project and has no objections and has provided recommended operational conditions of approval. Operational conditions of approval recommended by the Police Department include the requirement to not allow the Restaurant to operate as a bar, tavern, cocktail lounge, or night club and a closing hour of 11:00 p.m. as to ensure compatibility with the surrounding uses and minimize alcohol-related impacts. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. RD 15 has the highest number of total arrests throughout the City, 41% of which were alcohol related. RD 15 includes most of the commercial and mixed-use properties on the peninsula, which are highly traveled and visited areas by residents and tourists for accessing the coastal destinations of water-front restaurants, boating and marine activities. The NBPD memo indicates that RD 15 is the highest crime area in the City. 2. In 2023, there two dispatch events coded to the Restaurant, but none of the calls appear to be directly related to alcohol and no arrests were made. 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. Zoning Administrator Resolution No. ZA2024-064 Page 4 of 15 01-17-23 1. The Restaurant is within Lido Marina Village and is consistent with the Mixed-Use Water Related (MU-W) coastal land use category. The Lido Marina Village an area with a significant variety of land uses including restaurants, retail, offices, and marine-related resources. The Property’s location within the Lido Marina Village is a greater distance from sensitive land uses than other commercial areas. The nearest residential property is approximately 400 feet to the north of the Property along Via Lido; however, there are many intervening mixed-use structures in between. Other residential properties are located approximately 1,100 feet to the west of the Property across the Newport Harbor on Lido Isle. The draft resolution includes conditions of approval including a reduction in hours of operation to 11:00 p.m. to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. 2. Eating and drinking establishments with incidental alcohol service are common in the Lido Marina Village and the proposed change in alcohol license type in conjunction with an earlier closing hour is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. iv. The proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption. 1. The Lido Marina Village was designed to accommodate multiple restaurants. The Restaurant is in close proximity to other food service establishments. This includes Nobu, a restaurant with late hours, outdoor dining, and a Type 47 (On-Sale General - Eating Place) ABC license located at 3450 Via Oporto; Circle Hook, a restaurant with outdoor dining, a Type 47 (On-Sale General - Eating Place) ABC license and no late hours located at 3432 Via Oporto; and Malibu Farm Lido, a restaurant with outdoor dining, no late hours and a Type 47 (On-Sale General - Eating Place) ABC license located at 3420 Via Oporto. The RD 15 statistics indicate an overconcentration of ABC licenses within this reporting district. 2. The per capita ratio of 1 license for every 76 residents is higher than the average ratio for Orange County. This is due to the higher concentration of commercial land uses, ABC licenses attributed to adjacent marina operations, lower number of residential properties, and high number of restaurants in Lido Marina Village, Cannery Village, the Landing shopping center and McFadden Square. While the license-to-resident ratio is higher than average, and the Restaurant is located in close proximity to other establishments, the location in Lido Marina Village (an established commercial area), together with the proposed operational characteristics of the Project would make the proposed Type 47 ABC license upgrade 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. Zoning Administrator Resolution No. ZA2024-064 Page 5 of 15 01-17-23 1. No objectionable conditions are presently occurring at the Restaurant or retail site. The Restaurant has operated at the Property since 2016 with a Type 41 and Type 20 ABC license without operating issues or complaints related to alcohol. 2. The Project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC 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 Applicant requests an upgrade to a Type 47 ABC license and proposes a reduction in hours of operation of the Restaurant to have a closing time of 11:00 p.m. which will ensure the use does not become a late-night bar, tavern, or nightclub and appropriately mitigates the potential for further alcohol related impacts. 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 complete a certified training program in responsible methods and skills for selling alcoholic beverages, as required by the State of California. Minor Use Permit Pursuant to Section 20.22.020 (Mixed-Use Zoning Districts, Land Uses and Permit Requirements) of the Newport Beach Municipal Code, eating and drinking establishments classified as Food Service, No Late Hours, require the approval of a minor use permit within the MU-W2 (Mixed-Use Water Related) Zoning District. In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The Mixed-Use Water Related (MU-W2) General Plan and Coastal Land Use Plan (CLUP) land use categories 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 do not include residential uses, the Restaurant with the proposed Type 47 ABC license is consistent with the visitor-serving land uses intended for the MU-W2 land use categories of the General Plan and CLUP. Zoning Administrator Resolution No. ZA2024-064 Page 6 of 15 01-17-23 2. The requested reduction in hours of the outdoor dining patio is compatible with the goals established for Lido Marina Village. Goal LU 6.9 (Lido Village) of the General Plan Land Use Element 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 Restaurant and its outdoor dining patio will continue to be an additional amenity for visitors to enjoy the bay frontage. 3. Land Use Element Policy LU 5.2.2 (Buffering Residential Areas) requires that commercial uses adjoining residential neighborhoods should be designed to be compatible and minimize impacts to these uses. The reduction of the interior and outdoor patio hours of operation to 11:00 p.m., daily, will ensure that noise impacts to residents across Newport Harbor are minimized. 4. Circulation Element Policy CE 8.1.9 (Shared Parking Facilities) encourages the City to allow sharing parking facilities in mixed use and pedestrian oriented areas throughout the City. On December 21, 2023, the Planning Commission adopted Resolution No. PC2023-046 approving a parking management plan for the Lido Marina Village which demonstrates that an adequate supply of parking is provided for all uses based upon the shared use of parking structure within the Lido Marina Village. The Project does not result in an increase in parking intensity; therefore, parking is satisfied. 5. The Property is not located within 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. Facts in Support of Finding: 1. The Mixed-Use Water Related (MU-W2) 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. Table 2-9 (Mixed – Use Zoning District Permit Requirements) of the NBMC allows restaurants with alcohol sales and no late hour operations through approval of a MUP within the MU-W2 (Mixed-Use Water) Zoning District. As conditioned, the Project will comply with all applicable NBMC standards for eating and drinking establishments. 2. Section 20.48.090 (A) (1) (Standards – All Eating and Drinking Establishments) of the NBMC states that all activities shall be conducted entirely within an enclosed structure, with the exception of checking patron’s identification, valet parking activities, and outdoor dining. The Restaurant will continue to comply with these provisions based on the existing Restaurant plans and conditions of approval. 3. Section 20.48.090(F)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) of the NBMC requires that the review authority consider the relationship of outdoor dining to Zoning Administrator Resolution No. ZA2024-064 Page 7 of 15 01-17-23 sensitive noise receptors. The outdoor dining patio will close at 11:00 p.m., daily to minimize noise impacts to residents located across Newport Harbor and along Via Lido. 4. The Restaurant will continue to be consistent with the Lido Marina Village Design Guidelines as there are no proposed physical alterations to the Restaurant. 5. The existing development is nonconforming to the maximum 0.5 Floor Area Ratio (FAR) for nonresidential uses, as required by the Zoning Code. The Project does not include physical alterations to the Restaurant; therefore, the nonconformity will remain unchanged. 6. Fact 4 in Support of Finding C is hereby incorporated by reference. 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. Eating and drinking establishments have operated in these suites since 1977 and 1979. The Restaurant has operated on the Property since 2016 with a Type 41 and Type 20 ABC license. The Project is compatible with other commercial uses in the area and serves as a supporting use within the Lido Marina Village retail commercial area. The Restaurant 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 Act. 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 number 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 streets (Central Avenue and Via Oporto) as authorized under the approved Parking Management Program for Lido Marina Village (Planning Commission Resolution No. PC2023-046). 3. The recommended operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables and counter areas to accommodate 40 interior seats and 24 outdoor dining patio seats. The Restaurant proposes to reduce the closing hour from 12:30 a.m. to 11:00 p.m., daily, which is earlier than other uses on the Peninsula and reduces demand for police services in the area. The Applicant is required to maintain substantial conformance with the approved floor plan in conjunction with a Type 47 ABC license so that the Restaurant’s primary use is an eating and drinking establishment and not a bar, cocktail lounge, or night club. 4. The business operation does not include live entertainment or dancing. Zoning Administrator Resolution No. ZA2024-064 Page 8 of 15 01-17-23 5. The Project will not necessitate high levels of lighting or illumination, and all outdoor lighting must conform to Section 20.30.070 (Outdoor Lighting) of the NBMC. 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 Property is located within an existing commercial building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding Lido Marina Village development. The existing tenant space on the Property has historically been occupied by an eating and drinking establishment and the Restaurant has occupied the tenant space since 2016. 2. The outdoor dining area will not inhibit the width of the boardwalk area and pedestrian easement adjacent to the harbor. The proposed outdoor dining patio provides an additional amenity for coastal visitors to enjoy the bay frontage. 3. Adequate public and emergency vehicle access, public services, and utilities exist for the existing development. Access is provided by Via Oporto and Central Avenue from Via Lido. All utilities presently exist in the vicinity. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The Restaurant will continue serve both residents and visitors of the City. The requested Type 47 ABC license will allow the Applicant to provide additional menu options for its patrons. 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 the music off at 10:00 p.m. on the outdoor patio will ensure the Restaurant will remain in compliance with Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. 3. The Restaurant does not include live entertainment or dancing. Zoning Administrator Resolution No. ZA2024-064 Page 9 of 15 01-17-23 4. The Project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The reduced hours of operation to 11:00 p.m., daily reduces impacts to surrounding land uses and sufficient parking is available in the parking structure 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 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. Based on the NBMC requirements and the proposed conditions of approval, the Project will not result in a detriment to the surrounding community. 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 15301 under Class 1 (New Construction and 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 Minor Use Permit filed as PA2024-0145 subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference. 3. This resolution supersedes Planning Commission Resolution No. 2023, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. 4. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal if filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF DECEMBER, 2024. Zoning Administrator Resolution No. ZA2024-064 Page 10 of 15 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The Project 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. A material violation of any of those laws in connection with the use may be caused the revocation of this Minor Use Permit. 4. 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 are detrimental to the public health, welfare, or materially injurious to the Property or improvements in the vicinity or if the Property is operated or maintained to constitute a public nuisance. 5. Any change in operational characteristics, expansion in the area, or other modification to the approved plans shall require review by the Planning Division. An amendment to this Minor Use Permit or the processing of a new Minor or Conditional Use Permit may be required. 6. 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. 7. This Resolution supersedes Planning Commission Resolution No. 2023 (PA2016-102), which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. 8. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 9. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. Zoning Administrator Resolution No. ZA2024-064 Page 11 of 15 01-17-23 10. 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. 11. 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, and 8:00 a.m. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 12. 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 NBMC. Pre-recorded music may be played in the tenant space, provided exterior noise levels complies with Chapter 10.26 (Community Noise Control) of the NBMC. 13. The hours of operation for the interior and outdoor patio of the Restaurant shall be limited from 10:00 a.m. through 11:00 p.m., daily. The doors shall be closed to new customers one half hour prior to the closing hour. 14. That the “net public area” of the Restaurant shall not exceed 644 square feet for the interior of the Restaurant facility. 15. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 324 square feet in area. 16. The Restaurant and patio seats shall be configured in a dining room setting. The dining tables and chairs are not permitted to be moved to create standing areas for food and beverage service to patrons. 17. 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. 18. The Restaurant and patio areas may be used for private parties provided that said use is not a promotional activity and/or does not require a City issued Special Event Permit. 19. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all-weather enclosure. 20. There shall be no live entertainment or dancing allowed on the premises. 21. The installation of roof coverings shall not have the effect of creating a permanent enclosure. The use of umbrellas for shade purposes shall be permitted. The use of any Zoning Administrator Resolution No. ZA2024-064 Page 12 of 15 01-17-23 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. 22. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the Property and provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code. 23. Temporary “sandwich” signs shall not be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 24. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 25. An outdoor sound system shall be permitted within the outdoor dining areas for music played at a background level. Music on the outdoor dining patios shall be turned off at 10:00 p.m. daily. Sound shall adhere to Chapter 10.26 of the Newport Beach Municipal Code. 26. 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. 27. 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. 28. All trash shall be stored within the building, except when placed for pick-up by refuse collection agencies. 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. Trash receptacles for patrons shall be conveniently located inside of the establishment. 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. 30. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick-up days. Zoning Administrator Resolution No. ZA2024-064 Page 13 of 15 01-17-23 31. 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 leasing agent. 32. 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 the Lido Bottle Works MUP including, but not limited to, Minor Use Permit No. PA2024-0145 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 33. The Restaurant shall close at 11:00 p.m. daily, including the interior and outdoor dining area. 34. The Restaurant shall not operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 35. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 36. 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. 37. Food service from the regular menu shall be available to patrons up to 30 minutes before the scheduled closing time. 38. 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. 39. 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 Zoning Administrator Resolution No. ZA2024-064 Page 14 of 15 01-17-23 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. 40. 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. 41. “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). 42. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Police Department upon request. 43. There shall be no exterior signs advertising off-sales of alcohol. 44. There shall be no off-sales of alcohol permitted after 10:00 p.m., daily. 45. Off-sale retail alcohol sales shall consist of bottles only. Retail sales of growlers or kegs (64 oz. or more) shall not be permitted. 46. The walk-in/reach-in cooler area shall be limited to 50 square feet in area. 47. 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. 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. 48. 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. 49. The Alcoholic Beverage Control License shall be limited to a Type 47 (On-Sale General). Any substantial change in the ABC license type shall require subsequent review and potential amendment of the Use Permit. Building Division 50. Strict adherence to maximum occupancy limits is required. Zoning Administrator Resolution No. ZA2024-064 Page 15 of 15 01-17-23 51. 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. 52. A covered wash-out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 53. The restaurant shall provide accessible access/seating to all functional areas. 54. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. Code Enforcement 55. Shall comply with Section 6.06 (State Mandated Municipal Solid Waste Diversion Programs) of the NBMC. Contact the Code Enforcement Division to schedule an inspection within 30 days of commencing business activities.