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HomeMy WebLinkAboutPC2019-022 - APPROVING CONDITIONAL USE PERMIT NO. UP2019-023, WHICH SUPERSEDES USE PERMIT NO. UP3578, TO ALLOW A TYPE 47 (ON SALE GENERAL - EATING PLACE) ALCOHOL LICENSE AT AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 2816 LAFAYERESOLUTION NO. PC2019-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2019-023, WHICH SUPERSEDES USE PERMIT NO. UP3578, TO ALLOW A TYPE 47 (ON SALE GENERAL — EATING PLACE) ALCOHOL LICENSE AT AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 2816 LAFAYETTE AVENUE (PA2019-075) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Overstreet LLC dba The Dock ("Applicant") representing Christine Overstreet ("Owner") with respect to property located at 2816 Lafayette Avenue, and legally described as Lot 9 in Block 425 of Lancaster's Addition to Newport Beach, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 5, Page(s) 14 of Miscellaneous Maps, in the office of the County Recorder of said County ("Property"). 2. The Applicant seeks a conditional use permit to allow a Type 47 (On Sale General — Eating Place) license with the Alcoholic Beverage Control ("ABC License") at an existing eating and drinking establishment (restaurant). The Dock currently operates with a Type 41 (On Sale Beer and Wine) alcoholic beverage license with hours of operation from 6:00 a.m. through 11:00 p.m., daily. The existing establishment consists of 1,060 square feet of net public area, including a 597-square-foot covered outdoor patio fronting the Rhine Channel. No change to hours of operation and no physical interior or exterior alterations are proposed. The Applicant also requests a continuation of historical parking reductions. If approved, this use permit would supersede Use Permit No. UP3578. The Property is designated MU-W2 (Mixed Use Water Related) by the General Plan Land Use Element and located within the MU-W2 (Mixed -Use Water Related) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed -Use Water Related) and located within the MU-W2 (Mixed -Use Water Related) Coastal Zoning District. A coastal development permit is not required because the request to change the type of permitted Alcoholic Beverage Control ("ABC") license does not intensify or expand the existing eating and drinking establishment use. 5. A public hearing was held on August 8, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. Planning Commission Resolution No. PC2019-022 Paoe 2 of 13 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 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 does not include any interior or exterior alterations to the existing eating and drinking establishment. No increase of gross floor area or net public area would occur with the approval of the requested amendment. 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: The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The Property is located in Reporting District 15 (RD 15). The Part One Crimes (The eight most serious crimes defined by the FBI Uniform Crime Report — homicide, rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and arson) crime rate in RD 15 was 159 crimes reported in 2018, which is higher than adjacent reporting districts RD 12, RD 16, and RD 13 and the citywide average. The higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of Planning Commission Resolution No. PC2019-022 Paae 3 of 13 nonresidential to residential uses. The findings can be made despite higher concentrations of crimes and the area was designed to accommodate restaurants. The service of alcoholic beverages would 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, provided operating conditions of approval, and has no objection to the addition of the Type 47 alcoholic beverage license subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan and a closing hour of 11:00 p.m. ii. The numbers of alcohol -related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The total number of alcohol -related calls for service, crimes, or arrests in RD 15 is higher than RD 13, RD 16 and RD 12. The Property had two (2) dispatch calls for 2018, neither of which were related to alcohol service. The NBPD has reviewed the Project and has no objection to the Applicant's request. 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 Property is located in a mixed -use district where residential development is permitted above the first floor. There is an existing residence located on the second floor above the establishment and mixed -use developments that include residential units are located on nearby properties along Lafayette Avenue. The change from a Type 41 to a Type 47 ABC License with an existing eating and drinking establishment is not anticipated to significantly impact these adjacent land uses. 2. The nearest place of recreation, Lido Park, is located approximately 850 feet to the northeast. The nearest church, St. James Episcopal Church, is located approximately 550 feet to the north of the Property. The nearest school, Newport Elementary School, is located approximately 1 mile to the southeast along West Balboa Boulevard. The nearest hospital, Hoag Hospital, is located approximately 0.6 mile to the northwest. The nearest childcare center, Children's Center by the Sea, is located approximately 0.6 mile to the southeast. The Project is otherwise surrounded by other commercial, retail, office, and residential uses. 3. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another. 4. Eating and drinking establishments with incidental alcohol service are common in the area. The proposed change to a Type 47 ABC License is not anticipated to alter the operational characteristics of the use such that it becomes detrimental Planning Commission Resolution No. PC2019-022 Pape 4 of 13 to the area. 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. iv. The proximity to other establishments selling alcoholic beverages for either off -site or on -site consumption. 1. The Cannery Village area was designed to accommodate multiple restaurants and the Project is located in close proximity to other food service establishments. This includes Tupelo Junction Cafe, a food service with a Type 47 (On Sale General) ABC License located at 508 29th Street, and Cannery Seafood of the Pacific, a food service with outdoor dining, a Type 47 (On Sale General) ABC License and no late hours (open after 11:00 p.m.) located at 3010 Lafayette Avenue. The RD 15 statistics indicate an over concentration of alcohol licenses within this statistical area. 2. The per capita ratio of one (1) ABC License for every sixty-four (64) residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, alcohol licenses attributed to adjacent marina operations, lower number of residential properties, and high number of restaurants in Lido Marina Village, Cannery Village, and McFadden Square. While the license -to -resident ratio is higher than average and the Project is located in close proximity to other establishments, the location in Cannery Village, an established commercial area, together with the proposed operational characteristics would make the Type 47 ABC License acceptable. 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 existing eating and drinking establishment has included alcoholic beverage sales at this location since 1996. There were two (2) police dispatch events in 2018, though neither were related to alcohol service. 3. 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. Planning Commission Resolution No. PC2019-022 Paae 5 of 13 4. 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. 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. 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: The MU-W2 (Mixed -Use Water Related) land use designations under the General Plan and Coastal Land Use Plan apply 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. Although the Property and surrounding development does not include residential uses, the proposed eating and drinking establishment is consistent with the visitor -serving land uses intended for the MU-W2 (Mixed -Use Water Related) land use designation. 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: The MU-W2 (Mixed Use Water Related) Zoning District 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. Eating and drinking establishments with alcohol and no late hours require the approval of a minor use permit within the MU-W2 (Mixed -Use Water Related) Zoning District. The requested application is to add additional alcohol service to the existing eating and drinking establishment. The existing food service, eating and drinking establishment does not provide on -site parking. In 1971, the Planning Commission approved Use Permit No. UP1536 to allow the establishment of a take-out restaurant. The restaurant was established prior to the requirement of off-street parking for the use in the zoning district and no off-street Planning Commission Resolution No. PC2019-022 Paqe 6 of 13 parking was provided. In 1996, the Planning Commission approved Use Permit No. UP3578 changing the operating characteristics of the existing restaurant to allow the service of beer and wine, including a waiver of parking requirements. In 2005, the Planning Commission approved a second amendment to the use permit, Use Permit No. UP3578, approving an expansion of the net public area of the restaurant to the present-day 1,060 square feet, including an outdoor patio. Use Permit No. UP3578 included the waiver of three (3) off-street parking spaces associated with the expansion due to proximity to a City -owned parking lot located a walking distance of approximately 360 feet from the restaurant. 3. Under current parking requirements for a food service, eating and drinking establishment, parking is required at a rate of one (1) parking space per 30 to 50 square feet of net public area. In this case, a parking rate of one (1) space per 50 square feet of net public area is appropriate for the proposed use based on several physical design and operational characteristics. For example, there are a total of forty-seven (47) seats in the 597-square-foot dining area. Further, the net public area includes a waiting area and hallways, which does not allow for seating and dining, and the project is conditioned to prohibit live entertainment and dancing. 4. With a net public area of 1,060 square feet and a parking rate of one (1) space per 50 square feet of net public area, twenty-two (22) parking spaces are required to serve the Project under current standards. Due to the location of the municipal parking lot located a walking distance of approximately 360 feet from the restaurant, no additional parking beyond spaces previously waived is required for the Project. 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 outdoor dining patio closing hour of 11:00 p.m. will minimize noise impacts to residents located across the Rhine Channel. 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: The existing establishment has operated at this location since 1971, has included alcohol service since 1996, and has proven compatible with the existing and allowed uses in the area, which consist of retail commercial, office, and residential developments. The Project includes conditions of approval to ensure that the potential for conflicts continues to be minimized to the greatest extent possible. Planning Commission Resolution No. PC2019-022 Paae 7 of 13 2. The Property and surrounding properties on the block are developed with a variety of structures consisting of commercial retail, service, mixed -use, and residential dwelling units. As conditioned, the allowed hours of operation will be 6:00 a.m. to 11:00 p.m., daily, which will minimize late night disturbances to residences near the Property and across the Rhine Channel. 3. The existing food service, eating and drinking establishment has provided a trash enclosure accessible from the side yard that is completely screened from adjacent properties and rights -of -way. 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 47 (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 establishment is accessible from Lafayette Avenue, which provides convenient access for motorists, pedestrians, and bicyclists. 2. The Property is located within an existing commercial building and the 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 and are not proposed to change. 3. No intensification or enlargement is proposed with the addition of a Type 47 ABC License; therefore, no additional on -site parking is required. The Cannery Village area is a relatively dense area with multiple uses within a short distance of each other and is conducive to a significant amount of walk-in patrons. Furthermore, a municipal parking lot and on -street parking is available in the area to accommodate Cannery Village businesses. 4. Although no physical improvements are proposed at this time, future site and tenant improvements must comply with Title 20 of the NBMC and all Building, Public Works, and Fire Codes for permits to be issued. Planning Commission Resolution No. PC2019-022 Page 8 of 13 Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. 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 47 (On Sale General) ABC License will add menu options and continue to provide a public convenience to the surrounding neighborhood and visitors to the area. The changes will also provide an economic opportunity for the business and property owner. 3. The eating and drinking establishment is not allowed to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 4. The proposed use includes limited hours and closes no later than 11 p.m. and there is no increased parking demand. Based upon the requirements in Title 20 of the NBMC, the proposed use will not result in a detriment to the surrounding community. Off -Street Parking Reduction Based on current parking requirements, the Property's existing parking deficiency is twenty- two (22) spaces. 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: 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); 1. Title 20 of the NBMC requires a parking rate of one (1) parking space per 30 to 50 square feet of net public area for food service, eating and drinking establishments. The existing establishment contains 1,060 square feet of net public area, including the 597- square-foot outdoor dining area. Using a rate of one (1) space per 50 square feet of net public area, twenty-two (22) parking spaces are required. The Property provides no parking spaces on -site. The continuation of historical parking reductions remains Planning Commission Resolution No. PC2019-022 Pape 9 of 13 appropriate for the Project because the addition of alcohol service does not intensify the use or increase parking requirements. In keeping with historical conditions, walk-up traffic is common in this mixed -use area of the peninsula. The restaurant is small, with only 597 square feet of dining area. On -street parking is available throughout this area and a municipal lot is located a walking distance of 360 feet away. This has proven to be sufficient to support the existing restaurant and nearby businesses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project 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. UP2019-023, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. This approval allows a food service, eating and drinking establishment with no late hours and a Type 47 (On Sale General) Alcoholic Beverage Control License located at 2816 Lafayette Avenue. 3. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 4. This resolution supersedes Use Permit No. UP3578, which upon vesting of the rights authorized by this Conditional Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 8T" DAY OF AUGUST, 2019. AYES: Ellmore, Klaustermeier, Koetting, Rosene and Weigand NOES: ABSTAIN: ABSENT: Kleiman and Lowrey Planning Commission Resolution No. PC2019-022 Pape 10 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. This Use Permit may be modified or revoked by the Planning Commission if determined 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. 4. 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. 5. The hours of operation shall be limited to 6:00 a.m. through 11:00 p.m., daily. 6. The net public area of the eating and drinking establishment (restaurant) shall not exceed 1,060 square feet. 7. The food service establishment shall be prohibited from providing a physical bar or separate area to serve alcoholic beverages. 8. All signs shall conform with NBMC Chapter 20.42 (Sign Standards). No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off -site, to advertise the restaurant. 9. Temporary signs shall be prohibited in the public right-of-way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 10. Kitchen exhaust fans shall be designed to control odors and smoke in accordance with Rule 50 of the South Coast Air Quality Management District. 11. A washout area for the restaurant trash containers shall be provided in such a way as to ensure direct drainage into the sewer system and not into the Bay or storm drains, if required by the Building Division. Planning Commission Resolution No. PC2019-022 Page 11 of 13 12. Grease interceptors shall be installed on all fixtures in the restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, if required by the Building Division. 13. 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 may be cause for revocation of this Use Permit. 14. The eating and drinking establishment (restaurant) is allowed a Type 47 (On Sale General) ABC License. The sale of alcohol for off -site consumption is prohibited. 15. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. 16. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 17. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 18. There shall be no live entertainment or dancing allowed on the premises. 19. Full meal service shall be provided during all hours of operation. 20. Applicant and/or operator shall not share any profits, or pay any percentage or commission to a promoter or any other person based on money collected as a door charge, cover charge or any form of admission charge, including minimum drink order or sale of drinks. 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 twenty (20) feet of the premises. Graffiti shall be removed within forty-eight (48) hours of written notice from the City. 22. Strict adherence to maximum occupancy limits is required. 23. 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 sixty (60) days of hire. This training must be updated every three (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 sixty (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 by required by a representative of the City of Newport Beach. Planning Commission Resolution No. PC2019-022 Page 12 of 13 24. The operator of the eating and drinking establishment (restaurant) 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 NBMC Chapter 10.26 and other applicable noise control requirements of the NBMC. 25. 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. 26. No outside paging system shall be utilized in conjunction with this establishment. 27. 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). 28. All trash areas shall be screened from adjoining properties and streets. 29. 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. 30. 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. 31. 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. 32. For any physical tenant improvements, 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 for tenant improvements. 33. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful Planning Commission Resolution No. PC2019-022 Paae 13 of 13 fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). 34. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of NBMC Title 20 Planning and Zoning. 35. 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 Dock Conditional Use Permit including, but not limited to, Use Permit No. UP2019-023 (PA2019-075). 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. Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.