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HomeMy WebLinkAboutPC2020-037 - APPROVING CONDITIONAL USE PERMIT UP2019-056TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE) ALCOHOLIC BEVERAGE LICENCE AND A PARKING WAIVER OF 21 PARKING SPACES AT ARESOLUTION NO. PC2020-037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT UP2019-056TO ALLOW A TYPE 41 (ON-SALE BEER AND WINE) ALCOHOLIC BEVERAGE LICENCE AND A PARKING WAIVER OF 21 PARKING SPACES AT A NEW EATING AND DRINKING ESTABLISHMENT LOCATED AT 5000 BIRCH STREET SUITE 150 (PA2019-259) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Tim Strader Jr. (“Applicant”) on behalf of John Hancock Life Insurance Company (“Owner”), with respect to property located at 5000 Birch Street, Suite 150, and legally described as Parcel 5, Res 0731 of PM 181-13-19 (“Property) requesting approval of a Conditional Use Permit. 2. The Applicant seeks a conditional use permit to allow a Type 41 (On-Sale Beer and Wine) license with the Alcoholic Beverage Control (“ABC License”) at a new 3,027-square-foot restaurant, Pour Vida with 1,620 square feet of net public area (839 square feet interior and 991 exterior) in an existing 10-story office building within Koll Center Planned Community Office Site B (KCN Site B) (“Project”). The proposed hours of operation are 6:00 a.m. to 11:00 p.m., Monday through Friday and 9:00 a.m. to 11:00 p.m., Saturday and Sunday, with no late hours. There will be no live entertainment or dancing. Also included is a request to waive 21 parking spaces. 3. The Property is designated MU-H2 (Mixed-Use Horizontal) by the General Plan Land Use Element and located within the PC-15 (Koll Center Planned Community (Office Site B) Zoning District. 4. The Property is not located within the coastal zone, therefore, an amendment to the Coastal Land Use Plan or a coastal development permit are not required. 5. A telephonic public hearing was held on October 22, 2020 in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 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 Planning Commission Resolution No. PC2020-037 Page 2 of 16 01-25-19 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 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 primarily involves interior tenant improvements to convert office space into restaurant space within an existing office building. Minor exterior alternations involve the installation of perimeter barriers around the outdoor dining area within an existing patio. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030(C)(3) (Alcohol Sales – Required Findings) of the NBMC, 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 NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding: In finding that the Project 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 located in Reporting District 34 (RD 34). The Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report – homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. The crime rate in RD 34 was 78 crimes reported in 2019, which is higher than adjacent reporting districts RD 31, RD 36, and RD 33 and the citywide average. The higher crime rate is largely due to burglary or theft from vehicles due to the high concentration of office complexes and the high ratio of nonresidential to residential uses. The adjacent reporting districts are predominantly residential uses. The findings can be made despite higher concentrations of crimes and the area was designed to accommodate restaurants in support of the office complex. The service of alcoholic beverages would Planning Commission Resolution No. PC2020-037 Page 3 of 16 01-25-19 provide additional menu options for customers and would enhance the economic viability of the business. 2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use and based on the location, operational characteristics, and closing hour of 11: 00 p.m., has no objection to the addition of the Type 41 alcoholic beverage license subject to appropriate conditions of approval. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. In RD 34, seventeen (17) percent of the arrests were for public intoxication, DUI, or liquor law violations. In comparison, the figure for neighboring RD 33 is nineteen (19) percent, RD 36 is thirty (30) percent and RD 31 is twelve (12) percent. The NBPD has reviewed the Project and has no objection to the Applicant’s request. 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. Although the Property is located within a planned community for predominantly office uses, the General Plan land use designation is MU_H2 (Mixed Use Horizontal), which allows the horizontal intermixing of uses that may include office, multi-family residential and vertical mixed-use buildings. There is one (1) new residential development (Uptown Newport) located approximately 600 feet south from the Property and there is potential for additional residential development in the area. The Project will serve as a convenience to residents seeking dining options in closer proximity to their residences. The Type 41 ABC License with an eating and drinking establishment is not anticipated to significantly impact these adjacent land uses. 2. There are no parks, churches, schools, day cares or places of recreation within approximately 1,000 feet of the Project. The Project is surrounded by other commercial and office uses. 3. Eating and drinking establishments with incidental alcohol service are common in office areas and will serve as a convenience to future residents in this changing mixed-use neighborhood. The proposed Type 41 ABC License in conjunction with a sit-down restaurant is not anticipated to become detrimental to the area due to its location and limited hours of operation. The resolution includes conditions of approval to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. Planning Commission Resolution No. PC2020-037 Page 4 of 16 01-25-19 iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 1. The office area was designed to accommodate accessory restaurants that are lightly populated throughout. The closest food service establishment is the Parkstone Restaurant with a Type 47 (On-sale General) ABC License located approximately 650 feet away at 5180 Birch Street. The establishment is for a sit- down restaurant with no late hours. The next closest establishment is the Classic Q Restaurant and Bar with a Type 47 (On-Sale General) ABC License located approximately 1,600 feet away at 4251 MacArthur Boulevard. Approximately 500 feet away are various fast food restaurants on Jamboree Road that do not have ABC licenses. 2. The census tract has an approximate population of 5,139 residents with 95 active retail licenses. It should be noted this census tract also includes portions of Irvine, Costa Mesa, and Santa Ana. Only 23 of the 95 active retail licenses are in the City of Newport Beach. The per capita ratio of tract 0626.1 is one (1) license for every 54 residents. Per Section §23958.4 of the Business and Professions Code, we must compare this per capita ratio to Orange County’s on-sale per capita ratio of one (1) license for every 446 residents. Since the area’s ratio exceeds the ratio of retail licenses to population in the county, the area is deemed to have an undue concentration of alcohol licenses. The NBPD does not anticipate any increase in crime or alcohol-related incidents with the approval of this application subject to the proposed conditions of approval. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the Property. 2. The Project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC 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 establishment is required to close by 11:00 p.m., daily, which will ensure the use does not become a late-night bar, tavern, or nightclub. 4. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC-required Licensee Education on Alcohol and Drugs (“LEAD”) or Responsible Beverage Service (“RBS”) training. Planning Commission Resolution No. PC2020-037 Page 5 of 16 01-25-19 In accordance with Subsection 20.52.020(F) (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 designates the site as MU-H2 (Mixed-Use Horizontal), which is intended for an intermixing of uses in the Airport Area that may include regional commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses such as restaurants. The full- service restaurant will provide a commercial service to the offices as well as visitors passing through the area on the weekend. The use will also provide a convenient dining option for current and future residents of the new residential development constructed and proposed in the neighborhood. 2. The Property is not part of a specific plan area, therefore no findings of consistency with a specific plan is necessary. 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 PC-15 (Koll Center Planned Community Office Site B) Zoning District applies to Professional and Business Offices, and allows for accessory commercial services such as KCN Site B. A conditional use permit is required for the restaurant use within the Koll Center Office areas. 2. KCN Site B relies on Title 20 (Zoning Code) of the NBMC for restaurant off-street parking requirements. Title 20 (Zoning Code) classifies this use as a full-service restaurant (food service, eating and drinking establishment) and parking is required at a rate of one (1) parking space per 30 to 50 square feet of net public area, as determined by the use permit. In this case, a parking rate of one space per 50 square feet of net public area is appropriate for the proposed use based on several design and operational characteristics, including: the location is within an office complex surrounded by office uses, primary customers will be office employees; there will be only five (5) employees at any given time; there is an accessory bar area with 14 seats; there are only 22 seats in the 839-square-foot interior dining area and only 32 seats in 991-square-foot exterior area; the outdoor dining area is part of a larger existing exterior common seating area for the office building tenants and visitors; there is no late hours, no live entertainment or dancing; the shared parking pool for KCN Site B is via gated entries and paid tickets; and employees and Uptown Newport residents can walk to the restaurant. Planning Commission Resolution No. PC2020-037 Page 6 of 16 01-25-19 3. KCN Site B currently provides a parking supply of 3,045 spaces, where a total of 3,051 spaces is currently required based upon the existing office floor area (6-space deficit). Title 20 (Zoning Code) requires parking for restaurants based on a calculation of net public area. The net public area included for the restaurant includes 839 square feet interior net public area and 781 square feet exterior dining patio (991 sq. ft. – 210 sq. ft.) for a total of 1,620 square feet; and allows for 25 percent of outdoor dining to not be counted towards parking requirements. Based on Title 20 (Zoning Code) the parking ratio of one (1) space per 50 square feet of net public area (1,620/50), 33 parking spaces are required. The existing office provides a credit of 12 parking spaces, so the net required spaces for Pour Vida restaurant is 21 spaces, necessitating a parking waiver in accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC. 4. As discussed in the facts in Support of Finding G, a detailed parking analysis has been provided by LSA Associates Inc. concluding that during peak office hours of the KCN Site B, the Project will primarily serve customers in the same office building and locations within walking distance (i.e., 0.5 mile-radius) to the restaurant and will not generate additional parking demand. Currently, with few options for food use within walking distance, the Project will enable employees to remain on site and not generate new parking demand. When there is reduced office use activities occurring during dinnertime and weekend hours, a significant surplus of parking spaces is available on site to support non-office employee customers. 5. Subsection 20.48.090(F)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) of the NBMC also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The surrounding office area is mostly vacant in the evenings. The closest residential use is Uptown Newport which is more than 500 feet away and is buffered by the subject 10-story office building and existing Jazz Conductor building between the proposed outdoor dining. The outdoor dining patio closing hour of 11:00 p.m. will minimize noise impacts to any potential future residential use in area. 6. As conditioned, the Project will comply with Zoning Code standards for eating and drinking establishments. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The Project will provide an additional service to the office complexes within the neighborhood. The Project includes conditions of approval to ensure that the potential for conflicts is minimized to the greatest extent possible. Planning Commission Resolution No. PC2020-037 Page 7 of 16 01-25-19 2. The Property and surrounding properties on the block and within the vicinity are developed with offices and supporting commercial uses. The closest residential use is more than 500 feet south behind a parking structure at Uptown Newport. There is potential for additional residential uses within the area; however, as conditioned, the allowed hours of operation will be Monday through Friday, 6:00 a.m. to 11:00 p.m., and Saturday through Sunday 9:00 a.m. to 11:00 p.m., which will minimize late night disturbances in the area. 3. The food service, eating and drinking establishment has appropriate trash areas within the dining areas. There is a larger trash enclosure behind the existing office building that will contain a dumpster that is dedicated to the restaurant use. 4. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables to accommodate seats and a dining atmosphere. There is no live entertainment or dance floor. The Applicant is required to maintain the Property in substantial conformance with the approved floor plan in conjunction with a Type 41 (On Sale General - Eating Place) ABC License so that the restaurant’s primary use is a bona fide eating and drinking establishment and not a bar, lounge, or night club. 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 existing office space is accessible from Birch Street and Von Karman Avenue which provides convenient access for motorists, pedestrians and bicyclists. 2. There is a sidewalk around the perimeter of the existing office building and at the entry that provides a path for pedestrians. Ample sidewalks are provided adjacent to the streets and parking lots of KCN Site B. 3. The Property is located within an existing office building and the tenant space will be improved for an eating and drinking establishment. All tenant improvements must comply with Title 20 of the NBMC and all Building, Public Works, and Fire Codes for permits to be issued. 4. The existing office complex provides adequate access for emergency and utility vehicles and services. 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 Planning Commission Resolution No. PC2020-037 Page 8 of 16 01-25-19 constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the Property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The addition of a Type 41 (On Sale Beer and Wine) ABC License provides a service to the surrounding offices and neighborhood. There are few walkable restaurants provided to the office areas and the new residential units at Uptown Newport. The Project will support the surrounding neighborhood as providing a needed service to the area. 3. The eating and drinking establishment is not allowed to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. The proposed use includes limited hours and closes no later than 11:00 p.m. 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. Section 20.40.110(B) of the NBMC allow off-street parking requirements to be reduced with the approval of a conditional use permit. When an applicant has provided sufficient data to indicate that parking demand will be less than the required number of spaces and a parking management plan is prepared in compliance with NBMC Section 20.40.110(C). In this case, the Applicant provided “5000 Birch Street Pour Vida Restaurant Parking Analysis” dated September 2, 2020. The study was prepared by a qualified professional, a traffic engineer, from LSA, Associates Inc. Planning Commission Resolution No. PC2020-037 Page 9 of 16 01-25-19 2. The parking analysis demonstrates the potential parking demand for Pour Vida and the existing offices taking into account the peak parking demand during different hours of the day for the two (2) land uses that would share the same parking supply. The peak parking demand of the existing office complex and the Project would occur during the weekday’s mid-day, with a demand of 3,065 parking spaces that leaves a deficit of 20 parking spaces. The analysis also shows that weekday mornings and evenings and weekends show significant surplus parking. However, it is important to note that both the City’s parking requirement and the shared parking analysis assume the restaurant is operating as a primary standalone location with little interaction with the office employee customers already parking on site or nearby. The parking analysis concludes that in reality, during this peak time weekday times, the restaurant will function primarily as an ancillary use to the office complex and surrounding offices with primary customers being the employees of these offices. Restaurant customers are anticipated to already be on site and would not actually generate additional trips or parking demand for the proposed restaurant. The parking study finds that employees of the office complex and adjacent office buildings and residents of Uptown Newport currently have limited access to food uses within walking distance (approximately 0.5 miles), which requires employees or residents to drive to other destinations to eat. Providing food service within the same office complex and adjacent to their uses will actually service to reduce vehicle trips and the need for additional parking. Based on this, the parking study concludes that a parking deficit will not occur on site with the proposed restaurant added to the office complex. 3. The walkability was also sufficiently demonstrated in the parking analysis provided by LSA Associates Inc. To prove the walkability, the analysis provides pedestrian surveys of a similar restaurant plaza within Jamboree Promenade (located at southwest corner of Jamboree Road and Dupont in Irvine) that is in close proximity to other office buildings. The survey observed 231 pedestrians during the three-hour weekday lunch period and 56 pedestrians during dinner time hours, proving that based on the proximity of the surrounding office uses to the Jamboree Promenade, customers chose to walk and did not need to use (or park) a vehicle. This is evident by the fact that there is a parking surplus currently experienced at Jamboree Promenade. 4. The analysis and conclusions of the study were reviewed and accepted by the City Traffic Engineer. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Planning Commission Resolution No. PC2020-037 Page 10 of 16 2. The Planning Commission of the City of Newport Beach hereby approves application No . UP2019-059, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3 . This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 22 DAY OF OCTOBER 2020. AYES : Klaustermeier, Kleiman, Koetting, Rosene, and Weigand NOES: ABSTAIN : Ellmore and Lowrey ::SE tnµ);a Erik Weigand, Chairman BY:_~ ____ / ___ _ Lauren Kleiman , Secretary 01-25-1 9 Planning Commission Resolution No. PC2020-037 Page 11 of 16 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Use Permit No. UP2019-059 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code (“NBMC”), unless an extension is otherwise granted. 5. Prior to the issuance of any required building permits or initiation of a restaurant use, applicable Fair Share Traffic Fees shall be paid to convert the space from office to restaurant in accordance with Chapter 15.38 (Fair Share Traffic Contribution Ordinance) of the NBMC. The Owner shall be credited for the existing office use and shall pay the net difference for the restaurant use. 6. If there is a change in the restaurant operations or a change in the uses within the surrounding area that creates a deficiency in parking supply or results in a parking impact to surrounding businesses, the Applicant shall prepare and submit a parking management plan for review and approval by the City Traffic Engineer and Community Development Director. Additionally, if there are changes the parking analysis shall be updated, reviewed and approved by the City Traffic Engineer. 7. The hours of operation shall be between 6:00 a.m. to 11:00 p.m., Monday through Friday and 9:00 a.m. to 11:00 p.m., Saturday and Sunday. 8. The net public area of the interior of the restaurant shall not exceed 1,830 square feet of net public area (839 square feet interior and 991 square feet exterior). Any increase to these areas requires an amendment to this use permit and an updated parking analysis. 9. Appropriate barriers shall be placed between the outdoor dining area and common dining and pedestrian areas. Barriers shall serve only to define the areas and shall not constitute a permanent all-weather enclosure. 10. This Use Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or Planning Commission Resolution No. PC2020-037 Page 12 of 16 01-25-19 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. 11. 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. 12. 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. 13. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 14. 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. 15. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 16. 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. 17. 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 7:00 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. 18. No audible outside paging system shall be utilized in conjunction with this establishment. Planning Commission Resolution No. PC2020-037 Page 13 of 16 01-25-19 19. 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. 20. 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. 21. 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. 22. 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). 23. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 24. 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. 25. 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. 26. 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 NBMC. 27. 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 Planning Commission Resolution No. PC2020-037 Page 14 of 16 01-25-19 approval of Pour Vida Restaurant and Parking Waiver including, but not limited to, PA2019- 259. 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 28. The approval is for an eating and drinking establishment with on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be Type 41 (On Sale Beer and Wine). 29. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 30. 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. 31. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner’s, manager’s, and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 32. The quarterly gross sales of on-sale 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. 33. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 34. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 35. 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 Planning Commission Resolution No. PC2020-037 Page 15 of 16 01-25-19 beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 36. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m. 37. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 38. Strict adherence to maximum occupancy limits is required. 39. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. 40. 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. 41. 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, or involve the sale of alcoholic beverages. 42. The Applicant shall maintain a security recording system with a 30-day retention and make those recordings available to police upon request. Fire Department 43. An automatic sprinkler system shall be provided throughout establishements containing Group A-2 occupancies and throughout all stores from the Group A-2 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: • The fire area exceeds 5,000 square feet • The fire area has an occupant load of 100 or more. • The fire area is located on a floor other than a level of exit discharge serving such occupancies. • The structure exceeds 5,000 square feet, contains more than one fire area containing a Group A-2 occupancy, and is separated into two or more buildings by firewalls of less than 4-hour fire-resistance rating without openings. (California Fire Code Section 903.2.1.2) Building Division Planning Commission Resolution No. PC2020-037 Page 16 of 16 01-25-19 44. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 45. The restaurant shall comply with Disable Access requirements. 46. All doors shall swing in direction of travel and shall be equipped with panic hardware when serving 50 or more occupants. 47. All doors in the series shall be separated a minimum four (4) feet plus the swing of door.