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HomeMy WebLinkAbout2015-75 - Approving an Amendment to Conditional Use Permit No. UP2011-010 (and Re-Numbering as UP2015-037) to Modify Opening Hours and Closing Hours; Design and Operational Conditions of Approval Related to the Outdoor Dining Area Patio; Day Patron DancinRESOLUTION NO. 2015-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. UP2011-010 (AND RE -NUMBER AS UP2015-037) TO MODIFY OPENING HOURS AND CLOSING HOURS; DESIGN AND OPERATIONAL CONDITIONS OF APPROVAL RELATED TO THE OUTDOOR DINING AREA PATIO; DAYS PATRON DANCING IS ALLOWED; USE OF THE EASTERLY OUTDOOR PATIO; AND MODIFYING OPERATIONAL CONDITIONS OF APPROVAL AT AN EXISTING EATING AND DRINKING ESTABLISHMENT LOCATED AT 2318 NEWPORT BOULEVARD (PA2015-158). WHEREAS, the subject property is located within the Mixed Use — Water Related Zoning District (MU -W2) and the. General Plan Land Use Element category is also Mixed Use — Water Related District (MU -W2); WHEREAS, the subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use — Water Related District (MU -W); WHEREAS, a public hearing before the Planning Commission was held on September 5, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code (NBMC). Following consideration of all evidence, both written and oral, the Planning Commission at this meeting approved: 1) extending the opening hour of the restaurant and outdoor dining area from 11:00 a.m. to 10:00 a.m., daily; 2) extending the closing hour of the outdoor dining area from 11:00 p.m. to 2:00 a.m. on Friday and Saturday nights; 3) the introduction of patron dancing within the interior of the restaurant on Friday and Saturday nights; 4) removing tables and chairs within the outdoor dining area on Friday and Saturday nights; 5) the use of the valet parking on an as -needed basis; and 6) waiver of a portion of the required parking; WHEREAS, on September 9, 2013, former Council Member Henn filed a written call for review of the Planning Commission's decision with the City Clerk. On October 8, 2013, the City Council held a public hearing on Respondent Henn's call for review. Following the public hearing, on November 12, 2013, the City Council adopted Resolution 2013-75, that allowed for an earlier opening time for the restaurant, relaxed the valet parking requirements, and approved a variance to construct the enclosure over the outdoor dining area, but in all other respects, overturned the Planning Commission decision, including allowing patron dancing, allowing the outdoor dining area to be open until 2:00 a.m., and allowing the removal of tables and chairs from any section of the restaurant after 10:00 p.m.; WHEREAS, on November 13, 2013, Woody's Wharf filed a petition and complaint in the Superior Court for the State of California, County of Orange in an action entitled Woody's Group, Inc., dba Woody's Wharf, et al., v. City of Newport Beach, et al., Case No. 30-2013- 00687091, challenging the City Council's November 12, 2013 decision; Resolution No. 2015-75 Page 2 of 7 WHEREAS, on May 19, 2014, the Honorable Judge Derek Hunt issued an order denying Woody's Wharf challenge and upholding the City Council's November 12, 2013 decision; WHEREAS, on January 29, 2015, the California Court of Appeal, Fourth Appellate District, Division 3, reversed Judge Hunt's decision and reinstated the Planning Commission's September 5, 2013 decision; WHEREAS, Woody's Wharf has requested the following changes in the operational characteristics of the existing restaurant: 1) to extend the opening hour of the restaurant from 10:00 a.m. to 9:30 a.m., daily; 2) to extend the closing hour of the restaurant's outdoor dining area from 11:00 p.m. to 2:00 a.m., on Thursday nights as well as up to twelve (12) additional nights per year, which are in addition to the permitted 2:00 a.m. closing hour on Friday and Saturday nights; 3) to allow patron dancing within the interior of the restaurant on Thursday nights and up to twelve (12) additional nights per year, which are in addition to the permitted patron dancing on Friday and Saturday nights; 4) to allow the easterly outdoor area, adjacent to the boat dock ramp, to be used by patrons for smoking, eating, and/or drinking on a daily basis until 8:00 p.m. daily; 5) to delete conditions of approval related to the outdoor dining area patio cover requirement; and 6) to modify and/or delete various operational conditions of approval related to the restaurant's operations; WHEREAS, a public hearing before the City Council held on September 22, 2015, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. The request before the City Council did not include sustaining the variance for the outdoor dining patio area (Variance No. VA2013-006) as approved by the Planning Commission. Therefore, the variance will expire when not implemented by the applicant. NOW, THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: In accordance with NBMC Sections 20.48.030 (Alcohol Sales) and 20.52.020 (Conditional Use Permit), the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support Finding: A-1. The project has been reviewed and conditioned to ensure that the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) is maintained and that a healthy environment Resolution No. 2015-75 Page 3 of 7 for residents and businesses is preserved. The service of alcoholic beverages is intended for the convenience of customers. Operational conditions of approval relative to the sale of alcoholic beverages will ensure compatibility with the surrounding use and minimize alcohol-related impacts. A-2. Pursuant to NBMC Chapter 5.25, the project has been conditioned to require that the applicant, as well as any future operators, obtain an Operator License to ensure the establishment is operated in a safe manner and compatible with the neighborhood. A-3. The subject property is located within a mixed use district developed primarily with commercial uses. Across the Rhine Channel, the closest residential district is approximately 570 feet away. To the north, the closest residential use is approximately 200 feet away and residential uses associated with the future Newport Bay Marina Project will be approximately 100 feet away. To the west, the nearest residential uses are 230 feet away; and to the north the nearest residential uses are approximately 200 feet away. The nearest park is the public beach adjacent to the West Ocean Front Boardwalk over 650 feet from the subject property. There are no day care centers, recreation facilities, places of religious assembly, or schools in proximity to the subject property. In accordance with NBMC Section 20.52.020, eating and drinking establishments classified as "Food Service, Late Hours" require the approval of a Conditional Use Permit within the Mixed -Use Water. Related (MU -W2) Zoning District. In accordance with NBMC Section 20.52.020(F), 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: B-1. The Mixed -Use Water Related (MU -W2 and MU -W) land use designations of the General Plan and Coastal Land Use Plan are intended to encourage water related uses intermixed with general commercial, visitor -serving commercial and residential uses. The operation of a "Food Service, Late Hours" use with alcoholic beverage sales is consistent with the purpose and intent of this land use designation. B-2. Food service uses including those with live entertainment and dancing are expected to be located in commercial areas, and are complementary to the existing commercial and residential uses in the area. Such uses are frequented by visitors, tenants of the nearby commercial uses, and residents. B-3. The subject property is not part of a specific plan area. Resolution No. 2015-75 Page 4 of 7 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: C-1. The subject property is located in the Mixed Use — Water Related Zoning District (MU - W2), and eating and drinking establishments classified as "Food Service, Late Hours" require the approval of a Conditional Use Permit. Food Service including those with late hours and live entertainment can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. C-2. As conditioned, the project will comply with Zoning Code standards for eating and drinking establishments. Conditions are included related to on -sale alcoholic beverage activities, including the training of personnel, and the provision of security personnel while live entertainment is offered. C-3. Pursuant to NBMC Chapter 5.25, the applicant and any future operator of the eating and drinking establishment is required, to obtain an Operator License from the Newport Beach Police Department (NBPD). 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: D-1. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. D-2. In order to reduce the potential impact on neighboring properties, a condition of approval is included that prohibits recorded music or other types of sound amplification within the outdoor dining patio area after 10:00 p.m. daily. Additionally, conditions of approval require the doors exiting the building to the outdoor dining patio area to remain closed whenever live entertainment is performed inside the building after 10:00 p.m., except when persons are entering and exiting the building. D-3. The location of the valet parking pick-up and drop-off area is shielded from the residences by the restaurant building, thereby mitigating noise impacts from this activity to residential uses across and along the Rhine Channel. Resolution No. 2015-75 Page 5 of 7 D-4. Adequate number of parking spaces are available on-site and there is available public parking in municipal lots located in the vicinity. The use of the valet parking service when live entertainment occurs and on an as -needed basis will maximize on-site utilization of the parking lot and in the case that the lot is full, parking is available in the municipal metered parking lot across the street (the meters are not in effect after 6:00 p.m. daily). Findincr 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: E-1. This is an eating and drinking establishment that has existed in this location since the 1960's. The project site has proven to be physically suitable in size to accommodate the restaurant use. E-2. The project site is located on Newport Bay between 24"' and 26th Street overlooking the Rhine Channel and is surrounded by similar commercial uses located to the north (next door), and the northwest of the use. This is an appropriate location for an eating and drinking establishment. The restaurant use is complementary to the existing commercial uses in the area, as well as convenient to serve the residential uses located to the north and east across the Rhine Channel in relation to the project site. E-3. The Traffic Engineer has previously reviewed the configuration of the parking lot, as well as the valet parking plan, and has determined the parking lot design functions safely and does not prevent emergency vehicle access to the establishment. E-4. The site is currently served by public services and utilities. 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: F-1. Although the establishment will operate late hours and offer live entertainment and dancing, the project has been reviewed and appropriately conditioned to ensure the continued operation of the establishment as a bona fide eating and drinking establishment based on the approval of the Type 47 Alcoholic Beverage Control license. Resolution No. 2015-75 Page 6 of 7 F-2. The applicant has operated the existing eating and drinking establishment in this location since 2002, and is required to proactively control noise generated by patrons of the restaurant. The operator will be required to obtain an Operator License from the NBPD. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking/circulation, and other potential disturbances resulting from the existing establishment, and will provide the NBPD with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations if an objectionable condition occur. Section 2: The City Council of the City of Newport Beach hereby approves Amendment No. 1 to Use Permit No. UP2011-010 (Re -numbered to UP2015-158). 'The business owner has requested the following changes in the operational characteristics of the existing restaurant: 1) to extend the opening hour of the restaurant from 10:00 a.m. to 9:30 a.m., daily; 2) to extend the closing hour of the restaurant's outdoor dining area from 11:00 p.m. to 2:00 a.m., on Thursday nights as well as up to twelve (12) additional nights per year, which are in addition to the permitted 2:00 a.m. closing hour on Friday and Saturday nights; 3) to allow patron dancing within the interior of the restaurant on Thursday nights and up to Twelve (12) additional nights per year, which are in addition to the permitted patron dancing on Friday and Saturday nights; 4) to allow the easterly outdoor area, adjacent to the boat dock ramp, to be used by patrons for smoking, eating, and/or drinking on a daily basis until 8:00 p.m.; 5) to delete conditions of approval related to the outdoor dining area patio cover requirement; and 6) to modify and/or delete various operational conditions of approval related to the restaurant's operations as included in Exhibit A, which is attached hereto and incorporated by reference. This resolution supersedes the Conditional Use Permit No. UP2011-010 as authorized by Planning Commission Resolution No. 1922 which upon vesting of the rights authorized by this Amendment No. 1 to Conditional Use Permit No. UP2011-010 (re -numbered as UP2015- 158) shall become null and void. Section 3: This project has been determined to be categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines — Class 1 (Existing Facilities). This exemption applies to facilities where it can be demonstrated the project involves negligible or no expansion of the existing use. The proposed project does not include building additions or alterations. The change in hours of operation, including additional days when live entertainment and dancing are allowed and other business-related operational conditions of approval, do not constitute an expansion of use pursuant to CEQA. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2015-75 Page 7 of 7 Section 5: The recitals provided above are true and correct and are incorporated into the substantive portion of this resolution. Section 6: The Mayor shall sign and the City Clerk shall certify the vote adopting passage of this resolution. ADOPTED this 13th day of October, 2015. ATTEST: Ati Leilani I. Brown City Clerk Ed'waFd D. Selich nnayor Attachment: Exhibit A -Conditions of Approval EXHIBIT' A" CONDITIONS OF APPROVAL 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). Prior to implementation of the activities approved by this application, the applicant shall submit a revised floor plan for approval by the Community Development Director that reflects the limitations and restrictions imposed by the conditions of approval. 2. Conditional Use Permit No. UP2011-010 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code (NBMC), unless an extension is otherwise granted. 3. The hours of operations of the restaurant shall be limited to between 9:30 a.m., and 2:00 a.m., daily. The hours of the outdoor dining area are limited to 9:30 a.m. and 11:00 p.m. daily, however, on Thursdays, Fridays and Saturdays, as well as twelve (12) other nights throughout the year, the closing hour may be extended to 2:00 a.m. The applicant/operator shall notify the City's Community Development Director, or his or her designee, in writing at least twenty-four (24) hours prior to extending the closing hour of the outdoor dining area for each of the twelve (12) other nights throughout the year. The easterly outdoor area, adjacent to the boat dock ramp, is permitted to be used by customers for smoking, eating, and/or drinking on a daily basis until 8:00 p.m. The applicant/operator, including any future operator, shall secure and maintain an Operator License issued by the Chief of Police, pursuant to Chapter 5.25 of the NBMC. In no case shall the eating and drinking establishment be permitted to operate beyond the hour of 2:00 a.m., daily. 4. All doors and windows of the interior of the eating and drinking establishment shall remain closed whenever live entertainment occurs after 10:00 p.m., except for the ingress and egress of patrons and employees. Doors shall not be propped open, or remain open longer than necessary, to allow for the ingress and egress of patrons and employees. 5. The Operator License required to be obtained pursuant to Condition No. 3 and Chapter 5.25 will be subject to the same conditions of approval in this Use Permit that are intended to regulate and control potential late -hour nuisances associated with the operation of the establishment. 6. Full meal service shall be provided; however the closing time of the kitchen will be at the discretion of the applicant/operator. 7. The outdoor dining area shall be used in conjunction with the eating and drinking establishment. 8. The outdoor dining area shall be limited to 709 square feet in area. 9. The outdoor dining area shall be limited to a maximum of 66 seats, including disabled seats/table space, consistent with the floor plans as approved by Plan Check set of plans PC 1141-2011. The seating and dining in the outdoor dining patio shall be limited to dining table height (approximately 30 inches) and the use of the elevated counters and barstools is prohibited. Removal of dining tables and chairs shall be prohibited on Sundays, Mondays, Tuesdays and Wednesdays. 10. All employees shall park on-site or in the municipal parking lots in the vicinity. 11. The net public area of the interior portion of the eating and drinking establishment shall not exceed 1,173 square feet and the outdoor dining area shall not exceed 709 square feet for a total of 1,882 square feet of net public area. 12.. A minimum of 26 parking spaces shall be provided on-site and payment of in lieu parking fees for 10 spaces for the operation of the eating and drinking establishment. A total of 40 parking spaces shall be provided on-site and by payment of in lieu fees (annually for four parking spaces) for all hours of operation of the establishment (one parking space for each 40 square feet of net public area, 1,589 sq. ft.). Valet parking service shall be provided whenever live entertainment occurs and on an as -needed basis. 13. The applicant/operator shall conspicuously post and maintain signs at all outdoor dining, waiting, smoking and parking areas indicating to patrons the proximity of the restaurant and public dock and boat slip areas to the residential areas, requesting patrons; "Be courteous and respectful of our residential neighbors while outside the establishment." 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 15. The applicantloperator 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 Conditional Use Permit. 16. The applicant/operator shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. 17. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 18. This Conditional Use Permit shall run with the land; however, 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. 19. Approval of Conditional Use Permit No. 2011-010 is for the operation of an eating and drinking establishment defined as "Food Service, Late Hours" per Title 20 of the NBMC, and does not permit or authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. This condition is not intended to supersede any activity explicitly authorized in this Conditional Use Permit (e.g., dancing, consuming alcoholic beverages, etc.). 20. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 21. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 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. 22. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 23. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 24. The washing of the outdoor dining patio or any other outdoor area with any cleaning solutions or the use of high pressure or steam cleaning devices is prohibited. 25. Lighting shall be in compliance with applicable standards of the Zoning Code. 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 Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 26. All noise generated by the existing eating and drinking establishment use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 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: Between the hours of 00 a.m. and 10: 00 p. 10: 00 p. m. and 7: 00 M. a. m. Measured at the property 65 dBA 60 dBA line of commercial) zoned Measured at the property 55 dBA 50 dBA line of residentially zoned Measured in the interior of a 45 dBA 40 dBA residential structure: 27. Deleted 28. Deleted 29. The applicant/operator of the facility shall be responsible for and shall actively control any noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. 30. 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. 31. Live entertainment shall be allowed in the interior of the eating and drinking establishment in conjunction with the operator obtaining and maintaining a live entertainment permit from the City. In conjunction with the approval of this Use Permit, the operator shall amend the existing live entertainment permit consistent with the conditions of approval and the authorized operational changes. 32. No outside paging system or loudspeaker device shall be used in conjunction with this establishment. 33. No live entertainment shall be permitted in the outdoor dining area or any other outdoor area. Recorded music or other types of sound amplification within the outdoor areas shall only be audible to the audience within this area, and shall cease after the hour of 10:00 p.m. daily. 34. Dancing shall be allowed on the premises on Thursdays, Fridays, and Saturdays, as well as twelve (12) other nights throughout the year. The applicant/operator shall notify the City's Community Development Director, or his or her designee, in writing at least twenty-four (24) hours prior to allowing dancing for each of the twelve (12) other nights throughout the year. 35. The applicantloperator shall provide licensed security personnel while offering live entertainment and/or dancing. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department (NBPD). The procedures included in the plan and any recommendations made by the NBPD shall be implemented and adhered to for the life of the Conditional Use Permit. 36. 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. 37. 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. The applicant/operator 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 Code Enforcement 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). 39. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. the following morning, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 40. 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. 41. No recreational vehicles, boats, food trucks, portable street kitchens or similar vehicles shall be stored at any time at the subject site. 42. 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. 43. Kitchen exhaust fans shall be installed/maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 44. All exits shall remain free of obstructions and available for ingress and egress at all times. 45. The occupancy load shall be set or established pursuant to Section 1004, et.seq., of the California Building Code. The determination should initially be made by the building official of the City of Newport Beach whose decision is appealable to the Building and Fire Board of Appeals in accordance with Chapter 15.80 of the Newport Beach Municipal Code. The decision of the Building and Fire Appeals Board is subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. 46. The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 47. All owners, managers and employees selling, serving or giving away 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. 48. Any event or activity staged by an outside promoter or entity, where the restaurant 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, including minimum drink orders or sale of drinks is only permitted after 10 p.m. on Thursday, Friday, and Saturday nights, as well as twelve (12) other nights throughout the year. Additionally, the applicant/operator may collect a door charge, cover charge, or any other form of admission charge, including minimum drink orders or sale of drinks only after 10 p.m. on Thursday, Friday, and Saturday nights, as well as twelve (12) other nights throughout the year. 49. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 50. Any "happy hour" type of reduced price alcoholic beverage promotion shall only be allowed in conjunction with food service. There shall be no reduced price alcoholic beverage promotion after 10:00 p.m. 51, Deleted 52. The licensee shall comply with the California Board of Alcoholic Beverage Control Requirements for a Type 47 alcoholic beverage control license, including, but not limited to, the service of food shall be the principal use of the facility. 53. No on-site radio, television, video, film or other media broadcasts from the establishment that includes the service of alcoholic beverages shall be permitted without first obtaining an approved Special Event Permit issued by the City. This prohibition of media broadcasts includes recordings to be broadcasted at a later time. 54. All signs shall be in conformance with the provisions of Chapter 20.42 of the Newport Beach Municipal Code. 55. Applicant/operator shall comply with the City's sign code. 56. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 57. Deleted 58. Occupant Load shall be determined by the Chief Building Official, based upon the California Building Code and Newport Beach Municipal Code. 59. Deleted 60. Deleted 61. Deleted 62. Deleted 63. Deleted 64. To the fullest extent permitted by law, any operator exercising any rights under this permit 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 subject restaurant facility (currently operating as Woody's Wharf Restaurant) including, but not limited to, the Use Permit No. 2011-010 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 operator, City, and/or the parties initiating or bringing such proceeding. The operator 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 operator shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2015-75 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of October, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Muldoon, Mayor Selich NAYS: Council Member Petros, Council Member Curry, Mayor Pro Tem Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of October, 2015. r 'h" - City Clerk Newport Beach, California (Seal) cy