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HomeMy WebLinkAboutPC2020-010 - APPROVING CONDITIONAL USE PERMIT NO. UP2019-050 TO ALLOW A CHANGE IN THE HOURS OF OPERATION, HAPPY HOUR, THE SALE OF ALCOHOL FOR OFF-SITE CONSUMPTION, AND LIVERESOLUTION NO. PC2020-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2019-050 TO ALLOW A CHANGE IN THE HOURS OF OPERATION, HAPPY HOUR, THE SALE OF ALCOHOL FOR OFF-SITE CONSUMPTION, AND LIVE ENTERTAINMENT FOR AN EXISTING RESTAURANT LOCATED AT 111 21sr PLACE (PA2019-162) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by ii Farro Gaffe & Restaurant, Inc. dba ii Farro Restaurant ("Applicant"), with respect to property located at 111 21 st Place, and legally described as Lot 17 and a Portion of the Abandoned Street in Block 21 of Tract No. 512 ("Property"), requesting approval of a conditional use permit. 2. The Applicant requests to amend the currently effective Use Permit No. UP3690 and Outdoor Permit No. OD0032 in order to change operational restrictions for an existing restaurant. The Applicant specifically requests the following: (1) to change the allowed hours of operation to 6 a.m. to 1 :30 a.m., daily, with alcohol service not beginning until 11 a.m.; (2) to allow a happy hour prior to 9 p.m.; (3) to allow the sale of alcohol for off-site consumption on a limited basis with a Type 21 Alcoholic Beverage Control ("ABC") License; and (4) to allow limited live entertainment ("Project"). The Property is designated by the City of Newport Beach General Plan Land Use Element and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC") as Mixed Use Water Related (MU-W2). 3. The Property is located within the coastal zone. The City of Newport Beach Local Coastal Program Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and it is within the Mixed-Use Water Related (MU-W2) Coastal Zoning District under Title 21 (Local Coastal Program Implementation Plan) of the NBMC. The present use of the Property is a restaurant. There is no physical expansion proposed as part of the Project nor is there any change proposed that is anticipated to significantly change the intensity of the existing use; therefore, a coastal development permit is not required. 4. A public hearing was held on April 23, 2020, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. Planning Commission Resolution No. PC2020-010 Page 2 of 16 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 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 is limited to operational changes and aesthetic upgrades to the interior of the existing restaurant space. SECTION 3. REQUIRED FINDINGS. Conditional Use Permit Findings In accordance with Section 20.52.020(F) (Use Permit, 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 General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan land use designation for the Property is MU-W2. The MU-W2 designation applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. The eating and drinking establishment is consistent with this land use designation. Eating and drinking establishment uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. 2. Inasmuch as the proposed application will not result in an increase in the floor area ratio, the project is consistent with the Land Use Element development limitations. 3. The Project is consistent with General Plan Land Use Policy LU6.8.2 (Component Districts), which emphasizes that McFadden Square should be utilized as one of the primary activity centers within the City. Changing the operational characteristics of the existing eating and drinking establishment to allow an earlier opening hour for coffee and breakfast service and to allow limited alcohol sales for off-site consumption help to diversify the use and provide an additional visitor-and local-serving convenience. 4. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. 01-25-19 Planning Commission Resolution No. PC2020-010 Page 3 of 16 5. The Property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Property is located in the MU-W2 Zoning District. The MU-W2 applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. Food service uses are permitted subject to the approval of either a minor or a conditional use permit. 2. A restaurant has been operating at the Property since 1991. The proposed changes will diversify the use by allowing the opportunity for the Applicant to serve coffee and breakfast and to allow patrons to purchase wine for off-site consumption with their meals. 3. The Property does not provide on-site parking, but the proposed changes are not anticipated to change the parking demand significantly. The McFadden Square area is adequately served by the two adjacent municipal lots throughout most of the year and the close proximity to multiple commercial uses and coastal resources will result in shared trips to the project site and surrounding area. Finding: C. 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 operation of the eating and drinking establishment will be restricted to the hours between 6 a.m. to 1 :30 a.m., daily, with alcohol sales and service not commencing until 11 a.m., daily. The hours are compatible with other late night eating and drinking establishments in the area. 2. A restaurant has been operating in this location since 1991. The design of the restaurant space, its operation, and the location have all proven to be compatible with the vibrant McFadden Square entertainment area. 3. The Project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the eating and drinking establishment is located approximately 10 feet from residential units across the alley to the north, the building is oriented toward the adjacent multi-tenant commercial structure and the parking lot, away from the nearby mixed-use structures. The existing outdoor 01-25-19 Planning Commission Resolution No. PC2020-010 Page 4 of 16 dining area is bounded by a wrought iron guardrail. Activity from the establishment will be buffered from the residential uses across 22 nd Street. The Applicant is also required to control trash and litter around the Property. 4. The restrictions on the proposed live entertainment to only allow acoustic sets and to cease any live entertainment by 11 p.m. are intended to help ensure there are no noise impacts to any surrounding sensitive land uses. 5. The operational conditions of approval recommended by the Newport Beach Police Department relative to the sale of alcoholic beverages, including an Operator License, will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community. 6. The Property is located in a relatively dense area with multiple uses within a short distance of each other. The McFadden Square area is conducive to a significant amount of walk-in patrons. The area experiences parking shortages in the day time during the summer months, but parking is typically available during the rest of the year. Two (2) municipal parking lots and on-street parking are available in the area to accommodate the proposed use in the off-season months. 7. The Project is not expected to noticeably change the parking demand in the McFadden Square area. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The Project is located within an existing commercial building. The existing tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. 2. Adequate public and emergency vehicle access, public services, and utilities are provided to the Property. The proposed operational changes to the restaurant would not impact public services or utilities. 3. The Public Works Department and Life Safety Services (Fire) Division have reviewed the application and have no concerns regarding the operation. 4. Any tenant improvements to the Project will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 01-25-19 Finding: Planning Commission Resolution No. PC2020-010 Page 5 of 16 E. 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 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 subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The establishment will provide an expanded offering of coffee and breakfast items, as well as the sale of alcoholic beverages as a public convenience to the surrounding neighborhood and visitors to the area. This will help continue to revitalize the project site and provide an economic opportunity for the property owner to update the retail tenant and service, which best serve the quality of life for the surrounding visitor-and local- serving community. 3. The Project is located in a district that is subject to a captive market, which results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics reduce the demand of the expanded eating and drinking establishment and the number of parking spaces required to serve the proposed use. Adequate parking is provided in the nearby municipal lots in the off-season months and summer weekdays to accommodate the proposed use. 4. The existing outdoor dining area is facing southeastward towards the adjacent multi- tenant commercial building and the public parking lot. Alcohol Sales Finding In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Planning Commission must make the following finding for approval of a new alcoholic beverage license: Finding: F. The use is consistent with the purpose and intent of Section 20.48. 030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: In finding that the proposed use is consistent with NBMC Section 20.48.030 of the Zoning Code, the following criteria must be considered: 01-25-19 Planning Commission Resolution No. PC2020-010 Page 6 of 16 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 (RD) 15, which includes most of the commercial establishments for the Balboa Peninsula south of Coast Highway and 20 th Street. The Police Department is required to report offenses of Part One Crimes combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to the Department of Alcoholic Beverage Control. Part One Crimes are the eight (8) most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 15 is considered a higher crime area, as compared to other reporting districts in the City. The RD 15 crime count is 614, which is 357 percent over the Citywide crime count average of 140. The higher crime rate within this reporting district is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, visitor-serving uses, and the high ratio of nonresidential to residential uses in RD 15. In comparison, RD 13 is 23 percent over the Citywide average, RD 12 is 9 percent over the Citywide average, and RD 16 is 91 percent over the Citywide average. 2. While the proposed project is located in an area that has a high concentration of alcohol licenses, staff feels it is acceptable to allow the proposed expansion of the privileges of the current establishment. The expanded privileges would provide enhanced opportunities for customers and could improve the viability of the business. The Police Department does not object to this project as conditioned and the business would be required to obtain an Operator License. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. RD 15 had a higher percentage of alcohol-related crimes in 2019, compared to all adjacent reporting districts; however, this is to be expected given that this figure includes driving under the influence (DUI), public intoxication, and liquor law violations, and the area is highly concentrated with commercial establishments. From January 1, 2019, through December 31, 2019, the Police Department reported no Part One Crime incidents and one Part Two Crime incident. None of the calls received were a result of over-service of alcohol or neglect in responsibility by the applicant. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The Project site is located in a mixed-use zoning district, which allows for residential uses when intermixed with nonresidential uses. Although not a residential use, there is a boutique hotel (Doryman's Inn) immediately across 21 st Place, above Rockin' Baja Lobster and 21 Oceanfront restaurants. The nearest residential district is located approximately 350 feet east of the project site, halfway down Court Avenue. The nearest residential units are located 10 feet across the rear alley to the northeast of the subject 01-25-19 Planning Commission Resolution No. PC2020-010 Page 7 of 16 property in a mixed-use building. The existing restaurant is separated from nearby residences due to the orientation of the tenant space, which faces the adjoining commercial buildings across the 21 st Place right-of-way and the public parking lot. The nearest recreational facilities, the beach and the Newport Pier, are located approximately 260 feet to the southwest of the subject property. The nearest church, Our Lady of Mount Carmel Church, is located approximately 0.5 miles to the east of the subject property along West Balboa Boulevard. The nearest school, Newport Elementary School, is located 0.7 miles to the east of the subject property along West Balboa Boulevard. The nearest day care center, Children's Center by the Sea, is approximately 0.6 miles to the east along West Balboa Boulevard. The proposed use is surrounded by other commercial, retail, and office uses on the ground level. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The location of the establishment is in close proximity to several establishments with alcohol licenses on the Balboa Peninsula including the Stag Bar, Rockin' Baja Lobster, 21 Oceanfront Restaurant, The Blue Beet, and Baja Sharkeez, among others. All of these establishments have late-night and early-morning hours, and most are also are open for breakfast. The RD 15 statistics indicate an over-concentration of alcohol licenses within this statistical area. 2. The per capita ratio of one license for every 63 residents is higher than all adjacent census tracts and the average citywide ratio. This is due to the higher concentration of commercial land uses, many of them visitor-serving, and lower number of residential properties in the RD 15 area. While the proposed establishment is located in close proximity to other establishments selling alcoholic beverages, staff believes the physical and operational characteristics of the proposed establishment would make the continuation of alcoholic beverage sales appropriate at this location. Staff, including the Police Department, believes the expanded privileges requested, subject to the included conditions of approval, should not prove detrimental to the area considering the number and proximity of nearby establishments that serve alcohol. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. Expanding the privileges of the existing establishment will allow the restaurant to diversify its offerings as a convenience to its patrons. There are no current objectionable conditions to resolve through approval of this Conditional Use Permit. Additional Considerations In accordance with 20.48.090 (Eating and Drinking Establishments), the review authority shall make the following considerations when reviewing an application to allow an eating or drinking place to sell, serve, or give away alcohol: i. Evaluate the potential impacts upon adjacent uses outlined in subsection (F)(3)(a) of this section (Late-Hour Operations). For the purposes of this subsection, "adjacent uses" 01-25-19 Planning Commission Resolution No. PC2020-010 Page 8 of 16 shall mean those uses within one hundred (100) feet of the proposed use, as measured between the nearest lot lines; 1. See facts in support of Finding F. ii. Consider the proximity to other establishments selling alcoholic beverages for either off- site or on-site consumption; 1. See facts in support of Finding F.iii. iii. Make the findings in Section 20.48.030(C)(3) (Alcohol Sales-Off-Sale). 1. See facts in support of Finding F. 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. 2. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2019-050, 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 NBMC Title 20 Planning and Zoning. 4. This Resolution supersedes Use Permit No. UP3690 and Outdoor Dining Permit No. 01-25-19 OD0032, which upon vesting of the rights authorized by this Conditional Use Permit, shall become null and void. However, the vested rights granted by Use Permit No. UP3690 and Outdoor Dining Permit No. OD0032 shall continue and are incorporated into this Conditional Use Permit. Planning Commission Resolution No . PC2020-010 Page 9 of 16 PASSED, APPROVED, AND ADOPTED THIS 2JRD DAY OF APRIL, 2020. AYES : Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey , Rosene , and Weigand . NOES: ABSTAIN : ABSENT: 01 -25 -19 Planning Division Planning Commission Resolution No. PC2020-010 Page 10 of 16 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) 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. Conditional Use Permit No. UP2019-050 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the NBMC, unless an extension is otherwise granted. 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. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional 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, may require an amendment to this Conditional Use Permit or the processing of a new Conditional 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 any building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to the issuance of any building permit, 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 01-25-19 Planning Commission Resolution No. PC2020-010 Page 11 of 16 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. 11. The accessory outdoor dining area shall be used in conjunction with the related adjacent food establishment and shall be limited to a maximum of 179 square feet. 12. The seating within the accessory dining area shall be in substantial conformance with the approved outdoor dining plan entitled "Outdoor Dining Permit No. 32, Detail Seating Plan." The approved outdoor dining area shall be located on a solid surface in accordance with this approved seating plan. 13. The use of umbrellas only for sunshade purposes shall be permitted; however, awnings or other covering over the dining area shall be prohibited, unless otherwise approved by an amendment to this Conditional Use Permit and may also be subject to the approval of the Public Works Department. 14. There shall be no use of the accessory outdoor dining area separate from the interior of the restaurant. 15. No furniture, tables, or chairs shall extend more than 10 feet from the face of the building into the public right-of-way. 16. A minimum 10-foot clear pedestrian pathway shall be provided between any vertical obstructions (i.e., light standards, parking meters, walls, furniture or chairs), unless otherwise approved by the Public Works Department. Umbrellas may not encroach beyond the dining area into the public right-of-way. 17. The hours of operation for the eating and drinking establishment shall be limited to the hours between 6 a.m. and 1:30 a.m., daily. All customers shall vacate the establishment no later than 30 minutes following this closing time. Alcohol sales and service shall not commence prior to 11 a.m., daily. 18. The use of elevated counters, tables, and barstools are prohibited in the outdoor patio area. 19. Alcoholic beverage sales from drive-up or walk-up service windows are prohibited. 20. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for standing or dancing shall be prohibited. 21. This approval is for a food service, eating and drinking establishment (i.e., a restaurant). 01-25-19 The off-sale alcohol component authorized by a Type 21 (Off-Sale General) ABC license shall be limited to beer and wine only and shall remain incidental to the restaurant operation. There shall be no retail display of alcohol allowed that is visible from outside the restaurant. Planning Commission Resolution No. PC2020-010 Page 12 of 16 22. There shall be no reduced price alcoholic beverage promotions affer 9:00 p.m. 23. Food sales from the walk-up service windows shall be prohibited affer restaurant closing. 24. 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. 25. All proposed signs shall be in conformance with applicable provisions of NBMC Chapter 20.42 (Signs). 26. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting) of the NBMC. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. If outdoor lighting is proposed, the Applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 27. 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 of the NBMC. 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 of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: Between the hours of Between the hours of 7 a.m. and 10 P.m. 10 p.m. and 7 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40dBA 50 dBA 28. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. 29. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 01-25-19 Planning Commission Resolution No. PC2020-010 Page 13 of 16 30. 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). 31. 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. Graffiti shall be removed within 48 hours of written notice from the City. 32. Prior to final of the building permits, the Applicant shall prepare and submit a practical program for controlling litter, spills, and stains resulting from the use on the site and adjacent areas to the Planning Division for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program shall include a detailed time frame for the policing and cleanup of the public sidewalk and right-of-way in front of the subject property as well as the adjacent public right-of- way (25 feet north and south of the subject property) not just in front of the subject tenant space. Failure to comply with that program shall be considered a violation of the use permit and shall be subject to administrative remedy in accordance with Chapter 1.05 of the NBMC that includes issuance of a citation of violation and monetary fines. 33. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 8 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Conditional Use Permit. 34. All doors and windows of the facility shall remain closed after 11 p.m., daily, except for the ingress and egress of patrons and employees. 35. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick-up days. 36. 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 ii Farro Gaffe Trattoria Use Permit Amendment including, but not limited to, the Conditional Use Permit No. UP2019-050 (PA2019-162). 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 01-25-19 Planning Commission Resolution No. PC2020-010 Page 14 of 16 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 37. The operator of the establishment shall secure and maintain an Operator License pursuant to NBMC Chapter 5.25. 38. The Operator License required to be obtained pursuant to Chapter 5.25 of the NBMC, may be subject to additional and/or more restrictive conditions such as a security plan to regulate and control potential late-hour nuisances associated with the operation of the establishment. 39. The Applicant shall maintain a security recording system with a 30-day retention and make those recordings available to the Police Department upon request. 40. A comprehensive security plan for the eating establishment shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the security plan shall be implemented and adhered to for the life of the Conditional Use Permit. 41. The approval is for the operation of ii Farro Gaffe Trattoria, a food service, eating and drinking establishment with late hours, outdoor dining, and on-sale and off-sale alcoholic beverage service. The type of alcoholic beverage licenses issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On-Sale General -Eating Place), a Type 58 (Caterer) and a Type 21 (Off-Sale General) in conjunction with the restaurant as the principal use of the facility. The off-sale component shall remain incidental and accessory to the principal use. 42. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 43. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 44. There shall be no amplified live entertainment allowed on the premise. Live entertainment shall be limited to acoustic sets only. Any live entertainment shall cease by 11 p.m., daily. 45. There shall be no dancing allowed on the premises. 46. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 47. The service and sale of packaged alcoholic beverages (i.e., bottled or canned) on the outdoor dining area shall be prohibited. 48. Food service from the regular menu shall be made available to patrons until closing. 01-25-19 Planning Commission Resolution No. PC2020-010 Page 15 of 16 49. Management shall maintain an operational log of daily activities related to the sale and service of alcoholic beverages, as well as any additional security actions. Management shall make this log available to the Newport Beach Police Department upon request. 50. 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 Newport Beach Police Department on demand. 51. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 52. 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. 53. 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. 54. 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. 55. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 56. 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. 57. Strict adherence to maximum occupancy limits is required. 01-25-19 Building Division Planning Commission Resolution No. PC2020-010 Page 16 of 16 58. 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. 59. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 01-25-19