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HomeMy WebLinkAboutPC2025-005 - SUPERSEDING USE PERMIT NOS. UP3622 AND UP2006-017 AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) ALCOHOL BEVERAGE CONTROL LICENSE FOR AN EXISTING EATING AND DRINKING ESTABLISHMENT AND A PARKIRESOLUTION NO. PC2025-005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPERSEDING USE PERMIT NOS. UP3622 AND UP2006-017 AND APPROVING A CONDITIONAL USE PERMIT TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE – EATING PLACE) ALCOHOL BEVERAGE CONTROL LICENSE FOR AN EXISTING EATING AND DRINKING ESTABLISHMENT AND A PARKING WAIVER FOR THE PROPERTY LOCATED AT 325 OLD NEWPORT BOULEVARD (PA2024-0088) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sohrab Rowshan of Newport Business Consulting Inc. (“Applicant”), with respect to property located at 325 Old Newport Boulevard, and legally described as Lot 24 in Block 9 of Tract No. 27 (“Property”). 2. On March 19, 1998, Use Permit No. UP3622 was approved by the Planning Commission. The approval was for a full-service, small-scale eating and drinking establishment (coffee shop) and included a waiver of seven parking spaces. UP3622 included a condition of approval requiring that four parking spaces be allocated in the adjacent public parking lot for the restaurant’s use to help guarantee the availability of parking for the restaurant. Therefore, an encroachment agreement (EP 98-231) was executed allowing private use of the public right of way for parking. The existing restaurant continues to provide those four parking spaces pursuant to EP 98-231. 3. On December 22, 1998, Outdoor Dining Permit No. 52 was administratively approved allowing an accessory outdoor dining patio with a limit of eight seats adjacent to the main entrance on the south side of the building. No additional parking was required. 4. On January 9, 2003, an amendment to UP3622 (PA2002-172) was approved by the Planning Commission. The approval allowed for the sale of alcoholic beverages (Type 41 license) and a change to the hours of operation to between 6:00 a.m. to 12:00 a.m., daily (10:00 p.m. closure for the outdoor dining patio). 5. On September 15, 2006, Planning Director’s Use Permit No. UP2006-017 (PA2006-163) was administratively approved superseding UP3622 and its amendment with the exception of the parking waivers. The approval allowed an expansion of the existing establishment from 650 square feet to 1,564 square feet, and an increase in seating from 20 to 24 seats. The approval maintained a maximum allowance for eight seats within the 228-square-foot outdoor patio. Hours of operation were revised to between 6:00 a.m. to 10:00 p.m., daily (outdoor dining patio included). Lastly, a condition added prohibiting the service of alcohol without an amendment to the use permit. The existing Pom & Olive restaurant currently operates under this use permit and is prohibited from serving alcohol. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 2 of 14 6. The Applicant requests a conditional use permit (“CUP”) to obtain a Type 41 (On-Sale Beer and Wine – Eating Place) ABC License for an existing food service, eating and drinking establishment and a waiver of 18 parking spaces (based on current parking requirements). No late hours (after 11 p.m.), and no live entertainment, are proposed as part of the Project. Additionally, no physical changes to the suite or other changes to the existing operational characteristics are proposed. 7. The Property is categorized General Commercial Office (CO-G) by the General Plan Land Use Element and is located within the Office-General (OG) Zoning District. 8. The Property is not located within the coastal zone; therefore, a coastal development permit is not required. 9. A public hearing was held on March 6, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code 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 (Existing Facilities) exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Project involves the continued operation of an existing restaurant use with the addition of a Type 41 (On-Sale Beer and Wine – Eating Place) ABC license to allow the sale of beer and wine. No physical alterations or expansion of use is proposed. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the NBMC, the findings and facts in support of such findings are set forth as follows: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 3 of 14 Facts in Support of Finding: 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 25 (“RD 25”) which encompasses the area west of Newport Boulevard and north of Pacific Coast Highway. The Newport Beach Police Department (“NBPD”) is required to report offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft (all Part I crimes), combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to ABC. These figures make up the “Crime Count.” RD 25 exceeds the citywide average and is considered a higher crime area as compared to other reporting districts in the City. The Crime Count in RD 25 is 134, which is 14% over the citywide crime count average of 118. This area has 20% or greater reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City; therefore, the area is found to have undue concentration. In comparison, neighboring RD 15 is 375% above the citywide average, RD 24 is 151% above the citywide average, and RD 26 is 31% above the average. Therefore, the RD 25 has lower crime count than nearby reporting districts. 2. The NBPD has reviewed the proposed use. Based on the location, operational characteristics, and closing hours (i.e. no late hours), the NBPD has no objection to the proposed Type 41 (On-Sale Beer and Wine – Eating Place) ABC License, subject to appropriate conditions of approval, which have all been included in Exhibit “A” attached to this resolution. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the higher concentration of commercial land uses, RD 25 is reported to ABC as a high crime area as compared to other reporting districts in the City. The highest volume crime in this area is theft and the highest volume arrest in the area is driving under the influence. Driving under the influence, public intoxication, and liquor law violations make up 48% of arrests in RD 25. In comparison, the corresponding figure for neighboring RD 15 is 42%, RD 24 is 27%, and RD 26 is 22%. 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 nearest residential zoning district is located approximately 200 feet to the east of the Property. The Property is located within a multi-tenant commercial building in the Office-General (OG) zoning district. The Property abuts Old Newport Boulevard and Newport Boulevard. An existing medical office to the east of the Property and Newport Boulevard act as a buffer between the Property and residential Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 4 of 14 neighborhood. In addition, the restaurant is oriented towards the public parking lot south of the Property and does not face the residential neighborhood. 2. The Project is not in proximity to a religious facility, daycare center, park, recreational facility, school, or similar use that attracts minors. The nearest school is Newport Heights Elementary School, which is approximately 2,390 feet east of the Property. 3. The proposed alcohol sales are not anticipated to alter the operational characteristics of the multi-tenant building such that it becomes detrimental to the area. There are limited sensitive land uses in the vicinity and the Project will be required to comply with the conditions of approval including closing by 11:00 p.m. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. One other establishment along Old Newport Boulevard currently has an active Type 47 (On-Sale General Eating Place) ABC License. The “Chicken Coop” located at 414 Old Newport Boulevard, is a restaurant eating and drinking establishment and not considered a bar, lounge or nightclub pursuant to Title 20 (Planning and Zoning) of the NBMC. The next closest establishment selling alcoholic beverages is “A Market” which is over 1,000 feet away and located at 3400 West Coast Highway. It operates with a Type 21 (Off-Sale General) ABC license. 2. The Project’s proximity to other establishments selling alcohol does not raise a concern due to characteristics of the proposed use, which is limited to 1,564 square feet. Additionally, the proposed hours of operation are from 11 a.m. to 10 p.m., daily and conditions of approval will further prevent the restaurant from operating as a bar, lounge, or nightclub. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the Property. The Property has historically been used as a multi-tenant office building and has included a restaurant use at the subject suite since 1998. There is no evidence that suggests the Project will create objectionable conditions with the proposed sale of alcohol. The sale of alcohol will complement the existing food service and provide a convenience to customers. 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 relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize any alcohol related impacts. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 5 of 14 3. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. 4. The Project does not propose late hours (after 11 p.m.), live music, or dancing. Condition of Approval Nos. 6 and 7 limit the hours of operation and Condition of Approval No. 9 prohibits live entertainment and dancing. Conditional Use Permit In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the NBMC, 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 General Plan land use category for the Property is General Office Commercial (CO- G), which is intended to provide for areas appropriate for administrative, professional, and medical office with limited accessory retail and service uses. The Project is a request for a Type-41 (On-Sale Beer and Wine – Eating Place) ABC license at an existing restaurant and no physical changes are proposed. The existing restaurant will continue to serve visitors and residents in the area. 2. The Project is consistent with the following General Plan Land Use policies, applicable to the Project: a. Land Use Element Policy LU 1.5 (Economic Health). Encourage a local economy that provides adequate commercial, office, industrial, and marine- oriented opportunities that provide employment and revenue to support high- quality community services; and b. Land Use Policy LU 2.1 (Resident-Serving Land Uses). Accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. The Project provides an existing restaurant the opportunity to continue serving visitors and residents in the area. The Project also provides employment opportunities for restaurant employees. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 6 of 14 3. The Property is not a part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Property is in the Office-General (OG) zoning district, which is intended to provide for areas appropriate for administrative, professional, and medical office with limited accessory retail and service uses. Eating and drinking establishments (including alcohol) are allowed uses, subject to the approval of a use permit. 2. The operational characteristics of the existing restaurant are compatible with the surrounding neighborhood. There are no late hours of operation proposed with the restaurant. As conditioned, the restaurant will operate between 11 a.m. and 10 p.m., daily (patio included). The closing hours will help ensure there is minimal impact to the adjacent residential neighborhood. The proposed hours and operational characteristics are consistent with previous operations within the suite including UP2006-163. 3. Additionally, the site is physically suitable for the existing restaurant, as it is located in an existing multi-tenant commercial building and complements the mix of retail, medical, office, service, and restaurant uses in the immediate area. The existing restaurant and multi-tenant commercial building is adequately served by a shared trash container located within the public parking lot. The 42-space public parking lot which includes the allocation of four spaces abutting the site will continue to provide convenient parking for the restaurant patrons and employees. 4. Conditions of approval are included to ensure that potential conflicts are minimized to the greatest extent possible. The applicant is required to comply with all City ordinances, as well as the California Building Code to ensure the safety and welfare of customers and employees within the establishment. Finally, a condition of approval is included which requires all on-premise alcohol servers and managers to be trained and certified for responsible alcoholic beverage service. 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. Commercial uses, including restaurants, are allowed along Old Newport Boulevard per the Office-General (OG) zoning district with the approval of a use permit. Conditions of Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 7 of 14 approval are included to ensure that the Project is compatible with the land uses permitted within the surrounding neighborhood. 2. The Property is located within an existing multi-tenant commercial building and will complement the existing mix of retail, service, and restaurant uses in the immediate area. The tenant space is an existing restaurant that has operated at that location under different ownership since 1998. No physical changes to the tenant space are proposed. 3. The nearest residential zoning district is located approximately 200 feet to the east of the Property. The Property is located within a multi-tenant commercial building that is situated in the Office-General (OG) zoning district. The Property abuts Old Newport Boulevard and Newport Boulevard. An existing medical office to the east of the Project site and Newport Boulevard act as a buffer between the Property and the residential neighborhood. In addition, the restaurant is oriented towards the public parking lot south of the Property and does not face the residential neighborhood. 4. No late hours of operation are allowed nor proposed. As conditioned, the restaurant will operate between 11:00 a.m. and 10:00 p.m., daily. The closing hours will help ensure there is no detriment to the adjacent residential neighborhood. 5. The NBPD has reviewed the Project and has no objections. The operational conditions of approval recommended by the NBPD related to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The Project has been conditioned to ensure the welfare of the surrounding community. 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 physically suitable for the existing restaurant, as it is located in an existing multi-tenant commercial building and complements the mix of retail, medical, office, service, and restaurant uses in the immediate area. The existing restaurant and multi- tenant commercial building is adequately served by a shared trash container located within the public parking lot. The 42-space public parking lot which includes the allocation of four spaces abutting the site will continue to provide convenient parking for the restaurant patrons and employees. The Project would allow the existing restaurant to serve beer and wine to customers, with no other changes proposed. The sale of alcohol would not alter the existing physical conditions of the Property. 2. Adequate public and emergency vehicle access, public services, and utilities are provided for the Property. The site is accessible via Old Newport Boulevard and the public parking located along Old Newport Boulevard. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 8 of 14 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. There are no late hours of operation proposed with the Project. As conditioned, the Restaurant will operate between 11:00 a.m. and 10:00 p.m., daily. The closing hours will help ensure there is no detriment to the adjacent residential neighborhood. 2. The Type 41 (On-Sale Beer and Wine – Eating Place) ABC License will provide dining services as a public convenience to the surrounding residential neighborhood as well as to visitors. The service of alcohol will complement the principal use of the facility as a restaurant and provide an economic opportunity for the Applicant to maintain a successful business in a way that best serves the community. 3. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. Off-Street Parking Reduction In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC, off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) as follows: Finding: G. The Applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development); Facts in Support of Finding: 1. When Use Permit No. UP3622 was first approved by the Planning Commission on March 19, 1998, one parking space was required for every three seats, resulting in a parking deficiency and associated parking waiver of seven spaces (20 seats/3 = 6.7 or seven spaces). When Outdoor Dining Permit No. 52 was approved authorizing the eight additional seats within the 228-square-foot patio, no additional parking was required pursuant to a code exception for accessory patios. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 9 of 14 2. On September 15, 2006, when Planning Directors Use Permit No. UP2006-017 (PA2006-163) was approved to expand the restaurant from 650 square feet to its current size of 1,564 square feet, the total allowed interior seating increased from 20 seats to 24 seats. As a result of the change in allowed seating, the parking deficiency increased to eight spaces (24 seats/3 = 8 spaces). 3. Under current parking standards pursuant to Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC, the parking required for restaurant uses (outside of the coastal zone) is one parking space per 100 square feet of gross floor area and one parking space per 150 square feet of outdoor dining areas. Since the existing restaurant consists of 1,564 square feet of interior dining area and 228 square feet of outdoor dining area, a total of 18 parking spaces are required (1,564 sq. ft./100 =15.64 spaces; 228 sq. ft./150= 1.52 spaces; 17.16 or 18 spaces total). 4. Although the Project request to add alcohol service involves no changes to the size or seating capacity of the existing restaurant, changes in parking requirements results in a higher parking deficiency. Since the existing restaurant does not provide any off-street parking within the subject property and relies on public parking in the area, approval of an increased parking waiver of 18 spaces is required. 5. Besides changes in parking standards, circumstances for which the previous parking waivers were granted have not changed. The Project is a request to allow the existing restaurant to operate with a Type 41 ABC License, and no physical expansion is proposed. The existing indoor and outdoor dining area of the restaurant will remain the same and no additional seating is proposed. The requested addition of alcohol service is intended to complement existing food sales but is not anticipated to generate increased parking demand. The existing restaurant has operated since 2023, with previous restaurants dating back to 1998, utilizing the current parking arrangement. The 42-space public parking lot abutting the site will continue to provide convenient parking for the restaurant patrons and employees. Further, Condition of Approval No. 4 will require the applicant to maintain an encroachment agreement to allocate four of the public parking spaces specifically to this use as a parking management component. The remaining 38 parking spaces in the public parking lot will be available for the restaurant’s use as well as other uses in the building and in the vicinity. Therefore, staff believes adequate public parking remains available to serve the use and a continuation of the historical parking waiver is appropriate. Finding: H. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). Facts in Support of Finding: 1. Consistent with Use Permit Nos. UP3622 and UP2006-017, an encroachment agreement (EP 98-231) was executed, to allocate a minimum of four parking spaces Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 10 of 14 within the public parking lot adjacent to the building to the restaurant. The four parking spaces continue to remain and are included as a condition of approval to act as the parking management plan. 2. Facts 1 through 5 in support of Finding G are incorporated herein by reference. 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 the Project involves the continued operation of an existing restaurant with no physical alteration or expansion of the use. Therefore, the Project has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby approves PA2024-0088, superseding Use Permit No. UP3622 and Use Permit No. UP2006-017, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 3. Approval of the Conditional Use Permit 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 NBMC. PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF MARCH, 2025. AYES: Ellmore, Harris, Langford, Lowrey, Reed, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: None BY:_________________________ Mark Rosene, Chair BY:_________________________ David Selene, Secretary Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 11 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 and floor plan stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The hours of operation for the indoor and outdoor dining area shall be limited between the hours of 11 a.m. and 10 p.m., daily. 3. There shall be no live entertainment or dancing. 4. The Applicant shall maintain an encroachment agreement to allocate four of the parking spaces within the public parking lot adjacent to the site specifically for the restaurant use. 5. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6. 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 CUP. 7. This CUP 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. 8. Any change in operational characteristics, expansion in area, or other modification to the approved plans of the restaurant, shall require subsequent review and approval by the Planning Division. If deemed significant, an amendment to this CUP or the processing of a new use permit may be required. 9. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. 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 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 12 of 14 the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 11. 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. 12. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. 13. 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. 14. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays, or Holidays. 15. No outside paging system shall be utilized in conjunction with this establishment. 16. All trash shall be stored within the building or within dumpsters. 17. 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. 18. 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. 19. 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. 20. 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). 21. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this CUP. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 13 of 14 22. 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 NBMC to require such permits. 23. 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. 24. 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 Pom & Olive including, but not limited to, the Conditional Use Permit filed under PA2024-0088. 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 Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorney’s 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 25. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer and Wine). Any substantial change in the ABC license type shall require subsequent review and potential amendment of the Use Permit. 26. 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. 27. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within 60 days of hire. The certified program must meet the standards of the State of California. Records of each owner’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. 28. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-005 Page 14 of 14 29. 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. 30. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 31. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 32. Food service from the regular menu shall be made available to patrons until closing. 33. 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. 34. 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. 35. 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. 36. 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. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C