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HomeMy WebLinkAbout13 - Appeal of PC Approval of USe Permit for Nesai Restaurant - Updated ResolutionReceived After Agenda Printed Agenda Item No. 13 June 24, 2014 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. UP2013 -021 FOR AN EATING AND DRINKING ESTABLISHMENT WITH LATE HOURS OF OPERATION AT 215 RIVERSIDE AVENUE (PA2013 -203) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jeff Hall, representing 217 Riverside Ave Merchants, with respect to property located at 215 Riverside Avenue, and legally described as Lot D of Tract 919, including a portion of the abandoned street adjacent, requesting approval of a conditional use permit for the expansion of an existing restaurant. 2. The applicant requests an amendment to Use Permit No. UP1677 (Amended), remodeling the existing restaurant currently operating with a Type 47 (On -Sale General) Alcoholic Beverage Control license, adding an outdoor dining patio, and extending service to include late hours of operation (after 11:00 p.m.). Also included is a request to waive a portion of the required parking and approve a parking management program authorizing off -site parking, annual parking passes for employees, and valet parking. 3. The subject property is located within the Commercial General (CG) Zoning District and the General Plan Land Use Element category is General Commercial (CG). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -B). 5. At a noticed public hearing held on May 8, 2014, the Planning Commission considered the application, plans, and written and oral evidence presented at this meeting, and approved Use Permit No. UP2013 -021 based on the findings and conditions of approval in Planning Commission Resolution No. 1943. 6. On May 22, 2014, the Planning Commission's decision to approve Use Permit No. UP2014 -021 was appealed by Jack Staub and Jade Tran, homeowners at 2911 Cliff Drive. The appeal was filed to review the authorized hours for late night activities and parking area. 7. The City Council held a public hearing on June 24, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. The City Council considered evidence, both written and oral presented at this meeting, and City Council Resolution No. _ Page 2 of 17 affirmed and upheld the Planning Commission's decision and approved Use Permit No. UP2014 -021. 8. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to the State CEQA (California Environmental Quality Act) Guidelines under Section 15301, Class 1 (Existing Facilities) 2. The proposed project involves the minor alteration of an existing structure. The additional area associated with the outdoor dining patio consists of 990 square feet, which is well within the thresholds identified in CEQA Guidelines Section 15301. Therefore, the interior use and outdoor dining patio qualify for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. Pursuant to Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit Requirements) of the Newport Beach Municipal Code, eating and drinking establishments classified as Food Service, Late Hours, require the approval of a conditional use permit within the Commercial General (CG) Zoning District. The existing establishment operates pursuant to Use Permit No. UP1677 (as amended September 11, 1989). The requested extension in the hours of operation, addition of an outdoor dining patio, and new bar are considered substantial changes in operation that require an amendment to the existing conditional use permit. In accordance with Section 20.48.030 (Alcohol Sales), the City Council must make the following finding for approval of a new alcoholic beverage license: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code. Facts in Support of Finding: 1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code is maintained and that a healthy environment for residents and businesses is preserved. While the proposed establishment is located in an area which has a higher concentration of alcohol licenses than some areas, the restaurant is appropriate since the existing Type 47 license is already included within the City Council Resolution No. _ Page 3 of 17 statistics provided and the use permit would acknowledge the existing license type. The subject property's location in relationship to residential zoning districts, day care centers, hospitals, park facilities, places of worship, schools, other similar uses and uses that attract minors have been considered. Operational conditions of approval recommended by the Police Department relative to hours of operation, the sale of alcoholic beverages, including an Operator License will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 2. The subject property is located in an area with a variety of land uses including commercial, retail, residential, and coastal resources. The operational characteristics have been conditioned to maintain the compatibility of the proposed use with surrounding land uses. In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) 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 expanded eating and drinking establishment with late hours and alcoholic beverage service is consistent with the General Commercial (CG) land use designation of the General Plan. 2. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve local or regional needs. Food Service uses are expected to be found in this area and are complementary to the surrounding commercial and residential uses. 3. The project site 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. Eating and drinking establishments classified as Food Service, Late -Hours require the approval of a conditional use permit within the Commercial General (CG) Zoning District. City Council Resolution No. _ Page 4 of 17 2. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. 3. The restaurant, outdoor patio, parking management program, and proposed exterior improvements are consistent with the Mariners' Mile Strategic Vision and Design Framework. The renovation of the existing restaurant will support local establishments in the Mariners' Village core, improve the pedestrian streetscape, and make more efficient use of available parking in the vicinity. 4. Pursuant to Chapter 5.25, an amendment to a use permit requires the operator of the establishment to secure an Operator License from the Police Department to maintain operating hours beyond 11:00 p.m. This requirement is included in the conditions of approval. Finding: D. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Findinq: 1. Adequate parking is provided for the restaurant during all hours of operation as designated in the parking management program. A minimum of six parking spaces are provided for the restaurant's use at the off -site parking lot located across Riverside Avenue from the property at 2660 Avon Street. Public parking also exists in the municipal parking lot at 200 Tustin Avenue, which will accommodate employee parking through the purchase of annual parking passes. 2. The use of the off -site parking with optional valet service reduces any congestion created by restaurant patrons looking for parking and ensures greater usage of the off -site parking facility. 3. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages include the closure of the outdoor dining patio by 10:30 p.m. will promote compatibility with the surrounding uses by minimizing alcohol related impacts. 4. The conditions of approval include the requirement that the exterior windows and doors of the facility be closed after 10:00 p.m. will minimize sound emanating from the property and causing disturbances to residential land uses in the vicinity. 5. Because the conditions of approval prohibit live entertainment and dancing; require that the restaurant close by 11:00 p.m. Sunday through Thursday and by 12:00 midnight on Fridays and Saturdays; and, use of the outdoor dining patio City Council Resolution No. _ Page 5 of 17 after 10:30 p.m. is prohibited, no disturbance to adjacent residential uses is anticipated. 6. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). 7. Existing trash storage for the restaurant is provided within a trash enclosure along Riverside Avenue. The trash enclosure will be modified to provide a solid decorative roof cover in compliance with Newport Beach Municipal Code standards for solid waste and recyclable materials storage. The requested changes to the restaurant operation are not expected to result in an increase in trash collection activities. A condition of approval has been included requiring the trash to be kept within the trash enclosure, except during collection. 8. This is an existing restaurant location and is compatible with other commercial uses in the 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. 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. Adequate public and emergency vehicle access, public services, and utilities exist for the site. 2. The design of the improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 3. Although the site does not provide the minimum number of off - street parking spaces on -site, sufficient off -site parking will be provided pursuant to the parking management program to accommodate the needs of the expanded restaurant. 4. The locations of the off -site parking is in close proximity to the restaurant and does not create a traffic hazard in the surrounding area. A parking agreement will be recorded providing for the availability of a minimum of six off -site parking spaces for the restaurant. City Council Resolution No. Page 6 of 17 Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The renovations to the existing restaurant facility should have a positive impact on the area and may promote further revitalization of commercial properties located in Mariners' Mile. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours for the outdoor dining patio hours reduce impacts to residential land uses nearby and sufficient parking is available in the area to accommodate the restaurant. 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 surrounding residents. 3. In order to maintain late hours, the applicant will be required to obtain an Operator License from the Police Department. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations if objectionable conditions occur. 4. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment, recreational entertainment or dancing is permitted. Prohibition of live entertainment, recreational entertainment or dancing will minimize potential land use conflicts, nuisances, and police intervention. In accordance with Section 20.40.100 (Off -Site Parking) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: G. The parking facility is located within a convenient distance to the use it is intended to serve. City Council Resolution No. Page 7 of 17 Facts in Support of Finding: 1. Sixteen parking spaces are available on -site for the restaurant. 2. The applicant has secured an off -site parking for a minimum of six parking spaces at 2660 Avon Street. The lot is conveniently located across Riverside Avenue from the subject property 125 feet away. 3. A municipal parking lot providing approximately 88 parking spaces is available approximately 600 feet to the southeast down Avon Street. A condition of approval is included requiring the purchase of parking permits on an annual basis for all ten employees to use this lot. Finding: H. On- street parking is not being counted towards meeting parking requirement. Facts in Support of Finding: 1. On- street parking is not being counted towards meeting the parking requirement. Adequate parking is available for the restaurant through a combination of on -site parking (16 spaces), off -site parking (6 spaces), and annual employee parking passes (10 spaces). 2. Valet parking is optional, and will be utilized if additional parking is necessary. 3. Fifteen off - street parking spaces at 2630 Avon Street and ten on- street metered spaces in front of the restaurant are available; while these spaces do not officially contribute to the off - street parking requirement, these spaces will be utilized on an informal basis. Finding: 1. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1. Signage will be provided on -site and at the off -site parking lots to designate the availability of the off -site parking lots for patrons of the restaurant. 2. The use of the off -site parking, with optional valet service, reduces any congestion created by restaurant patrons looking for parking and ensures greater usage of the off -site parking facility. City Council Resolution No. _ Page 8 of 17 3. The City Traffic Engineer has found circulation and access for the optional valet parking plan to be adequate. 4. The off -site parking lot is located in close proximity across Riverside Avenue from the subject property. Finding: J. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: 1. The property owner of 2660 Avon Street will be required to record a parking agreement for a minimum of six parking spaces. The agreement must be approved by the Director and City Attorney and recorded with the County Recorder. 2. Signage will be provided on -site and at the off -site parking lots to designate the availability of the off -site parking lots for patrons of the restaurant. SECTION 4. DECISION. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby resolves as follows: SECTION 1: The City Council of the City of Newport Beach does hereby deny the appeal and upholds and affirms the decision of the Planning Commission to approve Use Permit No. UP2013 -021 subject to the conditions contained in Exhibit "A," which is attached hereto and incorporated by reference. SECTION 2: Conditional Use Permit No. UP2013 -021 (PA2013 -203) replaces and supercedes Use Permit No. UP1677, which upon vesting of the rights authorized by this application, shall become null and void. SECTION 3: This resolution was approved and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 24th day of June, 2014, by the following vote, to wit: MAYOR ATTEST: CITY CLERK City Council Resolution No. Page 9 of 17 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2013 -021 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted by the Director, or the Commission under referral or appeal. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This Conditional Use Permit may be modified or revoked by the City Council or 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. 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. 8. 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. 9. Prior to the issuance of final building permits, the operator as well as future operators of the restaurant shall obtain an Operator License pursuant to Chapter 5.25 (Operator License) of the Municipal Code. The Operator License may be subject to additional and/or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the restaurant. City Council Resolution No. _ Page 10 of 17 10. The hours of operation for the interior of the restaurant shall be limited between 5:00 p.m. to 11:00 p.m., Monday through Thursday, 5:00 p.m. to 12:00 midnight Friday, 10:00 a.m. to 12:00 midnight Saturday, and 10:00 a.m. to 11:00 p.m. Sunday. 11. The restaurant shall be allowed a limited lunch time operation (11:00 a.m. to 5:00 p.m., Monday through Friday) which will include the chef's dining area and chef's dining patio only (764 square feet of "Net Public Area" only). 12. Service on the outdoor dining patio shall end by 10:00 p.m., daily. The outdoor dining patio shall be closed by 10:30 p.m., daily. 13. The interior "net public area" of the restaurant shall not exceed 1,183 square feet. A maximum of 55 seats shall be provided within the interior of the establishment. 14. The accessory outdoor dining shall be used only in conjunction with the restaurant. The outdoor dining patio shall be limited to 990 square feet in area and provide seating for no more than 52 persons. 15. The exterior windows and doors of the facility shall be closed after 10:00 p.m. 16. The height of the boundary wall of the accessory outdoor dining area shall be marked on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. The installation of roof coverings in addition to the proposed cedar trellis shall not have the effect of creating a permanent enclosure. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. 17. Prior to issuance of building permits, the project plans shall be revised to the satisfaction of the Planning Division to include the planting of shrubs and landscaping above the retaining wall behind 2915 Cliff Drive for additional screening and buffering from adjacent residences. 18. The existing parking lot shall be maintained with approved traffic markers or painted white lines not less than four inches wide. All sixteen parking spaces on the site shall be accessible and useable for vehicular parking at all times. A directional sign shall be maintained designating that parking is available to the rear of the building. 19. All asphaltic pavement surfaces of the existing parking areas shall be maintained. No alterations to the existing parking design shall be permitted without the approval of the City Traffic Engineer. City Council Resolution No. _ Page 11 oil 7 20. The restaurant shall comply with the approved Parking Management Program dated May 8, 2014, and any amendment to the Parking Management Program shall be subject to the approval of the Community Development Director. 21. An off -site parking agreement, approved as to form by the City Attorney's Office, shall be recorded prior to the issuance of building permits. The City, applicant, and property owner of 2660 Avon Street shall be a party to the agreement. The agreement shall guarantee that a minimum of six (6) parking spaces shall be provided at 2660 Avon Street (A portion of Lot 42 and all of Lot 43 of Tract 1133) for the duration of the restaurant use at 215 Riverside Avenue. In the event that the use of the off- street automobile parking spaces provided for in the agreement are lost for any reason, the applicant shall notify the Community Development Director 30 days prior to the loss of the parking spaces. Upon notification that the agreements for the required off -site parking has terminated, the Director shall establish a reasonable time in which one of the following shall occur: (a) Substitute parking is provided that is acceptable to the Director; (b) The size or capacity of the use is reduced in proportion to the parking spaces lost; (c) The applicant submits to the Director a new or amended Off -Site Parking Agreement, giving the applicant the use of at least the same number of parking spaces. 22. Restaurant employees shall park their automobiles in the "Mariners' Mile" municipal lot. The applicant or operator of the facility shall purchase parking permits for ten employees on an annual basis for the Mariners' Mile Lot, and shall direct employees to park in said parking lot. 23. Valet operations shall not impact the public right -of -way. Vehicle staging, drop off and pick -up shall occur on -site only and the valet pick -up and delivery station shall not be located in the public- right -of -way. 24. Prior to certificate of occupancy, the applicant shall provide signage on -site indicating the location of additional parking at the off -site parking lot in locations acceptable to the Planning Division. 25. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code. 26. 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. 27. Prior to issuance of building permits, the project plans shall be revised to the satisfaction of the Planning Division to include new exterior lighting at the driveway City Council Resolution No. _ Page 12 of 17 entrance on Riverside Avenue to improve visibility and traffic safety during evening hours. 28. 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. 29. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. 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. Pre- recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code, 30. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. 31. 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 between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction activities are not allowed on Sundays or Holidays. 32. The existing block wall and storage structure adjacent to the driveway on Riverside Avenue shall be lowered to a height of 36 inches so as to provide better sight distance for motorists on the steep driveway. 33. All mechanical equipment and trash areas shall be screened from adjoining streets. 34. Outdoor storage shall conform to the standards of Section 20.48.140 (Outdoor Storage, Display, and Activities). 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. 35. 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, which shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. City Council Resolution No. Page 13 of 17 36. 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). 37. 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. 38. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 39. 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 surrounding residents. 40. A copy of this resolution shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 41. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 42. 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 Nesai Conditional Use Permit including, but not limited to, the Conditional Use Permit No. UP2013 -021 (PA2013 -203). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' City Council Resolution No. _ Page 14 of 17 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 Conditions 43. The approval is only for the establishment of an eating and drinking establishment as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 44. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On -Sale General) in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 45. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 46. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 47. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 48. The operator of the establishment shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 49. 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. 50. There shall be no on -site radio, televisions, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. City Council Resolution No. Page 15 of 17 51. There shall be no live entertainment or dancing allowed on the premises. 52. Strict adherence to maximum occupancy limits is required. 53. 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. 54. 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. 55. 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. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. 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. Fire Department Conditions 56. Areas or rooms with occupant loads of more than 50 persons will require two exits. Exits must be arranged as per California Fire Code Section 1015.2.1. 57. All cooking areas shall provide a Type I hood and an automatic fire extinguishing system. 58. 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. Building Division Conditions 59. Window openings are shown in the exterior wall parallel to Avon Street, which are not shown on the last approved plan from 1983. New openings are proposed in the wall between the restaurant/dining space and kitchen and the northeast exterior wall at the rear of the kitchen has been altered. These walls shall be analyzed by a City Council Resolution No. Page 16 of 17 civil /structural engineer for consideration of decreased capacity due to new openings, compared with seismic demand on them in accordance with the 2013 CBC. 60. Minimum 1 -hour rated construction shall be provided at the patio structure within the 10 -foot width of the exit discharge between building exit doors and the public sidewalk. Refer to CBC 1027.5.2 and CBC 1002 for definition of 'yard' (open to sky). 61. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. 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. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 62. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 63. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 64. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 65. 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 Community Development Director and Public Works Director in conjunction with the approval of an alternate drainage plan. Public Works Conditions 66. All improvements shall be constructed as required by Ordinance and the Public Works Department. 67. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels, curb /gutter, and driveway along the Avon Street frontage. 68. All existing private, non - standard improvements within the public right -of -way and /or extensions of private, non - standard improvements into the public right -of- way fronting the development site shall be removed. City Council Resolution No. _ Page 17 of 17 69. All new and existing water services shall be protected by a City approved back-flow assembly. 70. All new and existing sewer laterals shall have a sewer cleanout, installed with a traffic -grade box and cover, located on the public side of the property line. 71. An encroachment permit is required for all activities within the public right -of -way. 72. The trellis eave shall not encroach more than 1 -foot into the adjacent right -of- way. 73. All improvements shall comply with the City's sight distance requirement. See City Standard 110 -L and Municipal Code 20.30.130. 74. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right - of -way could be required at the discretion of the Public Works Inspector. 75. All on -site drainage shall comply with the latest City Water Quality requirements. 76. All unused water services to be abandoned shall be capped at the main (corporation stop) and all unused sewer laterals to be abandoned shall be capped at property line. 77. The proposed patio shall be constructed on private property. 78. At a minimum, a 6 -foot sidewalk shall be maintained along Avon Street. 79. The parking lot configuration shall be consistent with the previously approved Use Permit No. UP1677 (Amended 1983). 80. The patio overhang shall be covered under a building permit in order to be consistent with Council Policy. If any portion of the overhang is within the public right -of -way, an encroachment permit is required. If an encroachment permit is approved, the patio overhang shall not encroach more than 1 -foot over the public sidewalk and must maintain a minimum vertical clearance of 8 feet. 81. The storage area adjacent to Riverside Avenue shall be lowered to a height of 36 inches in order to comply with sight distance requirements at the intersection of the driveway and Riverside Avenue. 82. County Sanitation District fees shall be paid prior to the issuance of any building permits.