HomeMy WebLinkAbout2074 - CUP for Mama D's Restuarant reducing the required parking and allowing alcohol sales and serivce with no late hours - 2732 East Coast HighwayI *Ptel -tyl d 161,ki Wk,►101wilirt, I
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2017-022 REDUCING THE
REQUIRED PARKING AND ALLOWING THE ESTABLISHMENT
OF A NEW RESTAURANT (MAMA D'S) WITH ALCOHOL SALES
AND SERVICE AND NO LATE HOURS LOCATED AT 3732 EAST
COAST HIGHWAY (PA2017-162)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1 An application was filed by Laidlaw Schultz Architects ("Applicant"), with respect to property
located at 3732 East Coast Highway, and legally described as Lot 4, Block W of Tract No.
323, in the City of Newport Beach, County of Orange, State of California, as per map
recorded in Book 14, Page(s) 40 and 41 of Miscellaneous Maps in the Office of the County
Recorded of said Orange County, requesting approval of a conditional use permit.
2. The Applicant proposes a new restaurant (food service, eating and drinking establishment)
in the former Sweet Lady Jane's Bakery tenant space. The Conditional Use Permit is
required to allow additional seating, the sale and service of alcohol with a Type 41 (On -
Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) license, and an
adjustment to the parking requirement. No late hours (beyond 11 p.m.) are requested as
part of this application.
3. The subject property is designated Corridor Commercial (CC) by the General Plan Land
Use Element and is located within the Commercial Corridor (CC) Zoning District.
4. The subject property is not located within the coastal zone.
5. In accordance with Newport Beach Municipal Code ("NBMC") Section 20.20.020
(Commercial Zoning Districts, Land Uses and Permit Requirements), food service uses
within 500 feet of a residential zoning district require the approval of a use permit in the
CC Zoning District.
6. A public hearing was held on December 7, 2017, in the Council Chambers located at 100
Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing
was given in accordance with the NBMC. Evidence, both written and oral, was presented
to, and considered by, the Planning Commission at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code
Planning Commission Resolution No. 2074
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of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
2. The Class 1 exemption includes the ongoing use of existing buildings where there is
negligible or no expansion of use. The proposed project involves interior alterations to a
restaurant. The existing tenant space will be remodeled with approval of a tenant
improvement building permit.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBIVIC Section 20.48.030(C)(3) (Alcohol Sales), the following finding and
fact in support of such finding are set forth:
A. 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, 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 subject property is located in Reporting District 44 (RD 44). The Part One Crimes
(Part One Crimes are the eight most serious crimes defined by the FBI Uniform
Crime Report — homicide, rape, robbery, aggravated assault, burglary, larceny -theft,
auto theft, and arson) crime rate in RD 44 is higher than adjacent RD 43, RD 45 and
RD 47, which are predominantly residential, and lower than the Citywide average.
2. The Police Department has reviewed the proposal, provided operating conditions of
approval, and has expressed no objection to the alcoholic beverage license subject
to the attached conditions of approval. The operation of the establishment includes
the approved floor plan with no separate bar counter or area and a closing hour no
later than 11 p.m. (i.e., no patrons within the establishment after 11:30 p.m.).
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
The total number of alcohol-related calls for service, crimes, or arrests in RD 44 is
higher than adjacent RDs 43, 45 and 47. These reporting districts are primarily
comprised of residential properties, so the lower amount of alcohol-related incidents
is expected. The Police Department has reviewed the proposal and has no objection.
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2. In 2016, two calls for service representing less than one percent of all calls for service
in the RD were reported at the subject property. All calls for service were not
specifically related to the existing restaurant and were only listed for geographical
purposes.
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.
The restaurant will be located in a renovated commercial building fronting East
Coast Highway. There are two nonconforming residential units above the tenant
space, which are not be permitted in the CC Zoning District. The properties
immediately across the alley to the north of the project site are within the Two -Unit
Residential (R-2) Zoning District. Primary access to the restaurant will be from the
East Coast Highway frontage away from the residential neighborhood.
2. The property is not located within close proximity to any day care centers, hospitals,
park and recreation facilities, places of worship, schools, or similar uses that
typically attract minors.
3. The nature of the commercial corridor along East Coast Highway in the Corona del
Mar area is to provide goods, services, and entertainment, including eating and
drinking establishments, which are designed to foster pedestrian activity. The
proposed restaurant will occupy a tenant space formerly occupied by another food
service, eating and drinking establishment (Sweet Lady Jane's Bakery).
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
The closest establishment selling alcoholic beverages is Five Crowns Restaurant to
the southeast across East Coast Highway. Several other full service restaurants
and bars with alcohol licenses operate to the west of this project site; however, those
uses are spread out along the corridor. The next closest is El Cholo Restaurant,
which is approximately 600 feet away and separated by several multi -tenant
commercial buildings as well as Poinsettia and Orchid Avenues.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions.
No objectionable conditions are presently occurring at the site.
2. The project has been reviewed and conditioned to help ensure that the purpose and
intent of NBMC Section 20.48.030 (Alcohol Sales) 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 Police Department relative to the sale
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of alcoholic beverages will ensure compatibility with the surrounding uses and
minimize alcohol related impacts.
3. The hours of operation of the establishment will minimize the potential effects on
land use. The establishment would close no later than 11 p.m., daily, which will help
to ensure the use does not become a late night establishment, bar, tavern, or
nightclub.
In accordance with Subsection 20.52.020(F) (Findings and Decision), the following findings
and facts in support of such findings are set forth:
B. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
The General Plan land use designation for this site is Corridor Commercial (CC). The
CC designation is intended to provide a range of neighborhood -serving retail and
service uses along street frontages that are located and designed to foster
pedestrian activity. A restaurant is permissible in the Zoning Code (implementation
of the General Plan) subject to the approval of a minor or conditional use permit.
2. The proposed restaurant is consistent with this designation because it will provide a
service to the surrounding neighborhood that will help to maintain a vibrant
commercial corridor. As conditioned, the outdoor dining area must close by 10 p.m.
and the indoor dining area must close by 11 p.m. All patrons must vacate the
premises by these designated times. The earlier closing hours will help to ensure the
use remains compatible with adjacent residential units and the surrounding
neighborhood.
3. The subject property is not a part of a specific plan area.
C. The use is allowed within the applicable zoning district and complies with all other
applicable provisions in the Zoning Code and Municipal Code.
Facts in Support of Finding:
See Facts in Support of Finding A.
2. See Facts in Support of Finding B(1) and B(2).
3. The proposed use complies with NBMC Section 20.48.090 (Eating and Drinking
Establishments) relating to required operating standards, and conditions of approval
are included in this approval to maintain those requirements. These include, but are
not limited to:
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a. A prohibition of visible outdoor storage and solid waste storage (Conditions
of Approval 18 through 21); and
b. On -sale alcohol operational standards and requirements (Conditions of
Approval 26 through 45).
c. Outdoor dining operational standards (Conditions of Approval 7 and 8).
4. NBMC Section 20.40.060 (Parking Requirements for Food Service Uses)
establishes criteria to determine the parking requirements for uses from one parking
space for every 30 to 50 square feet of net public area. The proposed project has an
interior net public area of 600 square feet with accessory outdoor dining of 150
square feet providing seating for a maximum of 36 customers. One (1) parking space
for every 40 square feet of net public area is a reasonable number to require for the
proposed use, given the operational characteristics. Based on the interior net public
area of the proposed establishment, 15 parking spaces are required (600 sq. ft. / 40
sq. ft. = 15). The accessory outdoor dining area is excluded from the parking
requirement since it is equal to 25 percent of the interior net public area.
5. The existing mixed-use development is considered nonconforming due to parking
and use. No off-street parking is provided to serve the uses on-site; however, the
building was constructed prior to the establishment of parking requirements.
6. The gross floor area of the tenant space is 1,780 square feet. A parking credit of
eight (8) spaces is allotted to the tenant space; therefore, a total of seven (7) parking
spaces are waived with this approval. The reduction in the parking requirement is
consistent with NBMC Section 20.40.110 (Adjustments to Off -Street Parking
Requirements) based on alternative modes of travel to the restaurant (a large
number of people residing in Corona del Mar walk to restaurants), availability of
proximate on -street parking and two adjacent off-site private parking lots, for which
the property owner or business operator will maintain a private lease agreement.
7. A parking management plan has been prepared in compliance with NBMC
Subsection 20.40.110(C) to ensure employees park in the adjacent private parking
lot to the east (Opus Bank). Patrons will also be encouraged to park in the adjacent
private parking lot to the west (One West Bank). The hours of operation for the banks
are such that they will be closing as the restaurant is commencing operation, which
is consistent with the spirit of a jointly -used parking facility.
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:
Commercial uses such as restaurants are common in the vicinity along East Coast
Highway and serve visitors and residents. As conditioned, the establishment will be
compatible with the land uses permitted within the surrounding neighborhood.
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2. The proposed use will be located within an existing nonresidential building and will
complement the existing mix of retail, service, and restaurant uses in the immediate
area. A bakery previously operated in this location, and the space is currently vacant.
3. The project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. Although the restaurant is adjacent to
residential units, the building is oriented toward East Coast Highway and the outdoor
dining area will be buffered by a two-story structure at the rear of the property, closest
to the residential neighborhood.
4. As conditioned, the outdoor dining area will close by 10 p.m., daily, and the interior
of the restaurant will close by 11 p.m., daily, with all patrons vacating the premises
by 10:30 p.m. and 11:30 p.m., respectively. The earlier closing hours will help to
ensure there is no detriment to the adjacent residential neighborhood as well as the
nonconforming residential units above, which are permitted to remain pursuant to
NBMC Chapter 20.38 (Nonconforming Uses and Structures).
5. The Police Department has reviewed the proposed project and has no objections.
The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages 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. A condition of approval has been included requiring the business owner to ensure
employees park in the adjacent off-site parking area (Opus Bank) to the east to help
alleviate any impacts to the adjacent residential neighborhood.
7. The proposed restaurant focuses on quick turnovers, such that an expeditious dining
experience is had by all patrons. It is also anticipated that patrons of the restaurant
may use alternative means of transportation to arrive at the restaurant (e.g., walking,
biking, rideshare services, etc.).
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:
The subject tenant space is located within an existing nonresidential building. The
improved tenant space will be designed and developed for a restaurant use. The
design, size, location, and operating characteristics of the use are compatible with the
surrounding neighborhood. The existing tenant space on the subject property has
most recently been occupied by a bakery and caf6.
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2. Although the site does not provide the minimum number of off-street parking spaces
on-site, the site is suitable because the property owner and/or business owner will
be required to maintain a lease for parking in the adjacent private parking lots. Said
lots will be available in the evening as shown by the submitted Parking Management
Plan and accompanying private lease agreements. Additionally, a condition of
approval has been included requiring the business owner to ensure employees park
at the private parking lot to the east of the project site (Opus Bank). Patrons and
employees will not need to walk through the residential neighborhood to access the
restaurant.
3. The Applicant is required to install a grease interceptor, provide a wash-out area that
drains to the sewer line, obtain Health Department approval prior to opening for
business, and comply with the California Building Code to ensure the safety and
welfare of customers and employees within the establishment. All of these required
improvements will be accommodated on-site.
4. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Any additional utilities upgrades required for the
change in occupancy will be required at plan check for the building permit.
5. The tenant improvements to the project site will comply with all Building, Public
Works, and Fire Codes. All City ordinances and all conditions of approval will be
complied with.
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:
See Fact in Support of Finding C(7).
2. See Facts in Support of Finding D(3) and D(4).
3. The project has been reviewed and includes conditions of approval to help 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.
4. The restaurant will provide dining services as a public convenience to the
surrounding residential neighborhood as well as to visitors. The service of alcohol
will complement the principal use of the facility as a restaurant and provide an
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economic opportunity for the property owner to maintain a successful business in a
way that best serves the community.
5. As conditioned, the owners, managers, and employees selling alcohol are required
to undergo and successfully complete a certified training program in responsible
methods and skills for selling alcohol.
SECTION 4. DECISION.
1 The Planning Commission of the City of Newport Beach hereby approves Conditional Use
Permit No. UP2017-022, subject to the conditions set forth in Exhibit "A," which is attached
hereto and incorporated by reference. This approval allows for the establishment of a
restaurant with alcohol sales and no late hours at 3732 East Coast Highway, and reduces
the required number of parking spaces due to the availability of alternative forms of
transportation (e.g., walking, biking, ridesharing, etc.).
2. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
3. This resolution supersedes Zoning Administrator Resolution No. ZA2012-044 for Minor
Use Permit No. UP2012-024, which upon vesting of the rights authorized by this
Conditional Use Permit, shall become null and void.
AYES: Dunlap, Kleiman, Koetting, Lowrey, Weigand, Zak
NOES: None
ABSTAIN: None
ABSENT: Kramer
In
PeteV Koetting,' Cha
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Erik Wiaigand, Secy
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division
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. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
4. This Conditional Use Permit may be modified or revoked by the Planning Commission
should it determine that the proposed uses or conditions under which it is being operated
or maintained is detrimental to the public health and 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.
5. The hours of operation for the interior of the restaurant shall be limited to 5 p.m. and 11
p. m., daily. Operation of the outdoor dining area shall be limited to 5 p. m. to 10 p. m.,
daily. All customers shall vacate the establishment 30 minutes after these designated
closing times.
6. Subject to the securing of a lease for parking, acceptable to the Community
Development Director, the restaurant may be open beginning at 11 a.m. on Saturdays,
Sundays, and Holidays.
7. The interior net public area shall be limited to 600 square feet. The outdoor dining area
shall be limited to 150 square feet.
8. Appropriate barriers shall be placed around the outdoor dining area. Said barriers shall
serve only to define the areas and shall not constitute a permanent all-weather
enclosure.
9. All physical elements (e.g., awnings, covers, furniture, umbrellas, etc.) related to the
outdoor dining area that are visible from the East Coast Highway right-of-way shall be
compatible with one another and with the overall character and design of the principal
structure.
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10. All employees shall park in the private parking facility as designated in the Parking
Management Plan.
11. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require separate review and approval by the Planning Division
and may require an amendment to this Conditional Use Permit or the processing of a
new Conditional Use Permit.
12. Prior to issuance of building permits, a copy of the Resolution, including conditions of
approval Exhibit "A" shall be incorporated into the Building Division and field sets of
plans.
13. Prior to issuance of buildinq permits, the Applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Conditional
Use Permit file. The plans shall be identical to those approved by all City departments
for building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict
the elements approved by this Conditional Use Permit and shall highlight the approved
elements such that they are readily discernible from other elements of the plans.
14. Prior to issuance of building permits, the Applicant shall pay any unpaid administrative
costs associated with the processing of this application to the Planning Division.
15. All noise generated by the proposed use shall comply with the provisions of NBMC
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
16. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
17. Construction activities shall comply with NEMC Section 10.28.040, which restricts hours
of noise -generating construction activities that produce noise to between the hours of 7
a.m. and 6 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise -
generating construction activities are not allowed on Sundays or federal holidays.
18. No outside paging system shall be utilized in conjunction with this establishment.
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Between the hours of 7 a.m. and
10 P.M.
Between the hours of 10 p.m.
and 7 a.m.
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial property
45dBA
60dBA
45dBA
50dBA
I
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
16. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
17. Construction activities shall comply with NEMC Section 10.28.040, which restricts hours
of noise -generating construction activities that produce noise to between the hours of 7
a.m. and 6 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise -
generating construction activities are not allowed on Sundays or federal holidays.
18. No outside paging system shall be utilized in conjunction with this establishment.
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19. 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.
20. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls and a self -latching gate) or otherwise screened from view of
neighboring properties, except when placed for pick-up by refuse collection agencies.
The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes.
21. 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.
22. The exterior of the business shall be maintained free of lifter 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.
23. 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).
24. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and
9 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.
25. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
26. 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 Mama D's Restaurant Corona del Mar including, but not limited to, Conditional
Use Permit No. UP2017-022 (PA2017-162). 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 set forth in this
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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
27. The removal or relocation of tables, chairs, stools or other furniture to accommodate an
area for standing or dancing shall be prohibited.
28. This approval is for an eating and drinking establishment (restaurant) with on -sale
alcoholic beverage service. The type of alcoholic beverage license issued by the
California Board of Alcoholic Beverage Control (ABC) shall be a Type 41 (On -Sale Beer
and Wine — Eating Place) license in conjunction with the restaurant as the principal use
of the facility.
29. All owners, managers and employees must abide by all conditions of the ABC license.
30. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge
or nightclub as defined by the NBMC.
31. No alcoholic beverages shall be consumed on any property or tenant space adjacent to
the licensed premises under the control of the licensee.
32. There shall be no live entertainment or dancing allowed on the premises.
33. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
34. There shall be no reduced price alcoholic beverage promotions after 9 p.m.
35. No off -sales of alcohol shall be permitted.
36. Food service from the regular menu shall be made available to patrons until closing.
37. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all times maintain records, which
reflect separately the gross sales of food and the gross sales of alcoholic beverages of
the licensed business. These records shall be kept no less frequently than on a quarterly
basis and shall be made available to the Police Department on demand.
38. 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.
39. 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.
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40. Any event or activity staged by an outside promoter or entity, where the Applicant,
operator, owner or his or her 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.
41. There shall be no on-site radio, television, 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.
42. A Special Event 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 by the NEMC to require such
permits.
43. 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.
44. Strict adherence to maximum occupancy limits is required.
45. The operator shall maintain a security recording system with a 30 -day retention and
make those recordings available to the Police Department upon request.
46. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. All noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 and other applicable noise control requirements of
the Newport Beach Municipal Code.
Fire Department
47. Carbon dioxide systems with more than 100 pounds of carbon dioxide used in beverage
dispensing applications shall be required to obtain a fire permit as per California Fire
Code (CFC) Section 105.6.
48. Where carbon dioxide storage tanks, cylinders, piping and equipment (100 pounds or
more of carbon dioxide) are located indoors, rooms or areas containing carbon dioxide
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storage tanks, cylinders, piping and fittings and other areas where a leak of carbon
dioxide can collect shall be provided with either ventilation or an emergency alarm
system per CFC Section 5307.5.
49. Mechanical ventilation shall be in accordance with the California Mechanical Code and
shall comply with all of the following:
a. Mechanical ventilation shall be at a rate of not less than one (1) cubic foot per
minute per square foot.
b. Exhaust shall be taken from a point within 12 inches of the floor.
c. The ventilation system shall be designed to operate at a negative pressure in
relation to the surrounding area.
50. An emergency alarm system shall comply with all of the following:
a. Continuous gas detection shall be provided to monitor areas where carbon
dioxide can accumulate.
b. The threshold for activation of an alarm shall not exceed 5,000 parts per million.
c. Activation of the emergency alarm system shall initiate a local alarm while in the
room or area in which the system is installed.
51. Changes in use or occupancy that would place the structure in a different division of the
same group or occupancy or in a different group of occupancies shall be made to comply
with the requirements of this code and the California Building Code per CFC Section
102.3.
52. The proposed use is changing the existing occupancy from a B occupancy to an A-2
occupancy. With this change, additional requirements may apply at the discretion of the
Life Safety Services Division and Fire Department. Fire sprinklers shall be required if
the square footage equals or exceeds 5,000 square feet or the occupant load meets or
exceeds 100 persons per CFC Section 903.21.2.
53. The Applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. The construction plans must comply with the most recent, City -
adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements, Approval from the Orange County
Health Department is required prior to the issuance of a building permit.
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