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HomeMy WebLinkAboutPA2021-266_20221215_Resolution_ZA2022-080Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL December 16, 2022 Blake & Ayaz c/o Mike Ayaz 2107 N. Broadway, Suite 106 Santa Ana, CA 92706 legal@blakeandayaz.com Subject: Minor Use Permit (PA2021-266) 103 Palm Street The Boardwalk Wine & Spirits Dear Mr. Ayaz, It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on December 15, 2022 and effective on January 4, 2023. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. For additional information on filing an appeal or should you have any questions, please contact our office at 949-644-3200 or you may contact me directly at jperez@newportbeachca.gov, 949-644-3312. Sincerely, BMZ/jp RESOLUTION NO. ZA2022-080 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT FOR A NEW TYPE 21 (OFF-SALE GENERAL) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE IN CONJUNCTION WITH A RETAIL STORE LOCATED AT 103 PALM STREET (PA2021-266) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Liquor Cheaper, LLC, dba The Boardwalk Wine & Spirits (Applicant), with respect to property located at 103 Palm Street, and legally described as Lot 15 and Lot 16 of Block 6 of the Balboa Tract, requesting approval of a minor use permit (MUP). 2. The Applicant has applied for a new Type 21 (Off-Sale General) Alcoholic Beverage Control (ABC) License to establish a beer, wine, and distilled spirits retail store. The project involves minor tenant improvements to convert an approximately 886-square-foot space, last occupied by a professional office, into a retail store. The proposed hours of operation are from 9 a.m. to 10 p.m., daily, and no on-site consumption of alcohol is requested. 3. The subject property is categorized as Mixed-Use Vertical (MU-V) by the General Plan Land Use Element and is located within the Mixed-Use Vertical (MU-V) Zoning District and the Parking Management (PM) Overlay District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Vertical (MU-V) and is located within the Mixed-Use Vertical (MU- V) Coastal Zoning District with a Parking Management (PM) Overlay District designation. Due to equivalent required parking ratios and no expansion of floor area, the proposed retail store does not represent an intensification of use from the previous professional office use. The project is not considered “development” and a coastal development permit is not required. 5. A public hearing was held on December 15, 2022, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2022-080 Page 2 of 12 10-18-21 2. The Class 1 exemption includes minor alterations to existing structures involving negligible or no expansion of use. The proposed project involves alterations to the interior floor plan of an existing commercial space with no expansion in floor area. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, the Zoning Administrator shall consider the following findings prior to the approval of a new or amended alcohol sales establishment: 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 (Alcohol Sales) of the NBMC, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. a. The subject property is in an area the Newport Beach Police Department (NBPD) designates as Reporting District (RD) 12. RD 12 is located on the Balboa Peninsula. It begins at the intersection of West Balboa Boulevard and 7th Street and terminates approximately one (1) mile east at East Balboa Boulevard and B Street. RD 12 includes the Balboa Pier area of the Peninsula and the Balboa Fun Zone. RD 12 is abutted to the west by RD 13, with RD 15 beyond, and to the east by RD 11. b. The NBPD 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 California Department of Alcoholic Beverage Control (ABC). Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 12 is not considered or reported to ABC as a higher crime area, as compared to other RDs within the City. The RD 12 crime count for 2021 is 100, which is one (1) percent under the citywide average of 101 crimes per RD. c. The NBPD has reviewed the project and has no objection to the new Type 21 ABC license, subject to appropriate conditions of approval which have all been incorporated into Exhibit “A” of this Resolution. These conditions include provisions such as the requirement that all owners, managers, and employees selling alcoholic beverages shall undergo and complete a certified training program in responsible methods and skills for selling alcoholic Zoning Administrator Resolution No. ZA2022-080 Page 3 of 12 10-18-21 beverages, a prohibition of the store from operating as a bar, tavern, cocktail lounge or nightclub, and the requirement that any substantial operational change require a subsequent review. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. a. In 2021, RD 12 had a higher percentage of alcohol-related crimes than RD 11 but a lower percentage than RD 13 and RD 15. The higher number of alcohol-related crimes compared to RD 11 is expected, given that the crime figure includes driving under the influence, public intoxication, and liquor law violations. These alcohol-related crimes are typically associated with commercial establishments. RD 11, which is primarily residential, is unlikely to have similar crime incidents and the difference was not substantial enough to warrant objection from the NBPD. The alcohol-related crimes of RD 13 were 313 percent higher than that of the subject RD and the alcohol-related crimes of RD 15 were 578 percent higher than that of the subject RD. 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. a. The proposed store would be located on the ground floor of an existing mixed-use building on Palm Street. There are five (5) residential units above the ground floor. The neighborhood is characterized by residential uses near commercial and visitor-serving uses. The subject property is abutted to the west by Two-Unit Residential (R-2) District properties; however, the building’s ground floor commercial spaces are oriented away from this District, toward Palm Street. The space is separated from the Multiple Residential (RM) zoned 24-unit condominium complex across Palm Street by approximately 65 feet. The subject property is bounded to the north by MU-V zoned properties and to the south by the Oceanfront Boardwalk, Balboa Pier, and the Balboa Pier Municipal Parking Lot. The Balboa Fun Zone is also within the surrounding vicinity. While minors are expected to be present in the area, the business intends to stock and sell upscale beer, wine, and spirits marketed toward adults and is not anticipated to attract minors. Both the nearest church and school are over a mile west of the subject property. The nearest park, Peninsula Park, is located 560 feet east of the subject property. b. Condition of Approval no. 25 limits the hours of operation from 9 a.m. to 10 p.m. The mid- morning opening hour and reasonable closing hour should help prevent noise disturbances to the surrounding residential uses. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption.There are several active On-Sale ABC Licenses within the general vicinity of the subject property with the largest concentration at the Balboa Pier area. Most of the On-Sale Licenses are for either restaurants including Type 41 (On-Sale Beer and Wine - Eating Place) and Type 47(On-Sale General - Eating Place) or charter boats with a Type 54 – (On-Sale General Boat) License. Notable restaurants with ABC Licenses include Ruby’s Diner, Cabo Cantina, Cruisers, and Great Mex Grill. There are two active Type 48 (On Sale General - Public Premises) Licenses within the general vicinity, for the Balboa Zoning Administrator Resolution No. ZA2022-080 Page 4 of 12 10-18-21 Saloon and Class of 47, and one active Type 02 (Winegrower) License that allows for onsite wine tasting at Balboa Wines.There are five (5) active Off-Sale Licenses within the general vicinity of the subject property. License Type Address Distance from Subject Property Type 20 (Off-Sale Beer and Wine) 814 Bay Ave 867 feet Type 20 (Off-Sale Beer and Wine) 406 S Bay Front 1,540 feet Type 21 (Off-Sale General) 510 E Balboa Boulevard 175 feet Type 20 (Off-Sale Beer and Wine) 508 W Balboa Boulevard 1,800 feet Type 21 (Off-Sale General) 500 S Bay Front 1,520 feet While this location meets the Business and Professions code section §23958.4 criteria for undue concentration pertaining to ABC licenses, the project’s proximity to other establishments selling alcohol should not raise concern due to the operational characteristics of the proposed project. The store has modest hours of operation and is prohibited from serving alcohol on-site or operating as a bar or tavern. If it is determined that the operation of the store is to the detriment of the public health, welfare, or injurious to property, Condition of Approval no. 7 allows the Zoning Administrator to modify or revoke the MUP. v. Whether or not the proposed amendment will resolve any current objectionable conditions. a. There were 6 police dispatch events in 2021 to the 103 Palm Street vicinity. None of the events resulted in arrests. b. There are no objectionable conditions presently occurring at the property. Minor Use Permit In accordance with Section 20.52.020(F) (Findings and Decision) of the NBMC, the following findings and facts in support of such findings for a use permit are set forth: Finding B. The use is consistent with the General Plan and any applicable specific plan. Zoning Administrator Resolution No. ZA2022-080 Page 5 of 12 10-18-21 Facts in Support of Finding: 1. The Land Use Element of the General Plan categorizes the project site as MU-V. The MU-V designation is intended to provide areas for the development of properties with mixed-use structures that vertically integrate housing with retail uses including retail, office, restaurant, and similar nonresidential uses. The proposed retail store within an existing mixed-use building is consistent with the intent of the MU-V land use designation. 2. General Plan Land Use Policy LU 5.3.2 (Mixed-Use Building Location and Size of Nonresidential Uses) requires that 100 percent of the ground floor street frontage of mixed-use buildings be occupied by retail and other compatible nonresidential uses unless otherwise specified. A retail use on the ground floor of the existing mixed-use building is consistent with this Policy. 3. General Plan Land Use Policy LU 6.8.7 (Property Improvement) suggests that the City provide incentives and work with property owners to improve their properties as well as to achieve the community’s vision for the Balboa Peninsula. The proposed project will take a currently vacant and shuttered suite and replace it with an active storefront. The project will also improve the building by providing required accessibility upgrades for the suite. 4. The subject property is not a part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding 1. The subject property is zoned MU-V. Table 2-8 of NBMC Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) specifies that retail uses with off- sale alcohol are allowed in the MU-V District subject to the approval of an MUP. Table 21.22-1 of NBMC Section 21.22.020 (Mixed-Use Coastal Zoning Districts Land Uses and Permit Requirements) also indicates that retail uses with off-sale alcohol are allowed. 2. The subject property was originally developed in the late 1940s. The building has a total of four (4) commercial spaces on the ground floor with five (5) residential units above and provides no onsite parking for commercial uses. The building is considered legally nonconforming due to parking. Additionally, the building is considered a nonconforming structure as it encroaches into both the required front setback and the alley setback. Since the project does not involve any additional floor area or changes to the exterior envelope of the building, there are no implications with this legal nonconforming status. 3. NBMC Section 20.38.060 (Nonconforming Parking) and Section 21.38.060 (Nonconforming Parking) allow for changes in use when a property has nonconforming parking. It specifies that an existing use may be changed to a new use allowed in that Zoning Administrator Resolution No. ZA2022-080 Page 6 of 12 10-18-21 zoning district without providing additional parking, provided no intensification or enlargement (e.g., increase in floor area, or lot area) occurs and the new use requires a parking rate of no more than one space per 250 square feet of gross building area. In this case, the parking requirement for a retail sales use is one space per every 250 square feet, and no intensification or enlargement is proposed. 4. The subject property is located within a Parking Management (PM) Overlay District. This overlay provides additional flexibility to allow intensification of use; however, in this case, the provisions of NBMC Section 20.38.060 allow the change of use without any further consideration required. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding 1. The surrounding vicinity is characterized by residential, commercial, and visitor-serving uses. The Oceanfront Boardwalk and the Balboa Municipal Parking Lot are located to the south of the subject property, the Balboa Pier is approximately two blocks to the east, and the Balboa Fun Zone is less than a quarter of a mile away to the north. The neighborhood sees considerable visitor traffic both by vehicle and on foot during tourist season and is busy and vibrant. The retail store will likely only serve patrons already within the area and is not anticipated to generate additional traffic or congestion. 2. The nearest retail store with an off-sale ABC license is located approximately 175 feet to the north of the subject property, across East Balboa Boulevard. The existing store has operated with an off-sale use for decades. Given the successful and harmonious operation of the nearby store, the new off-sale use should not be incompatible with the vicinity. 3. The proposed use will provide additional shopping options and convenience for both residents living nearby and visitors staying in the surrounding area. 4. Condition of Approval No. 3 explicitly prohibits the onsite consumption of alcohol which should help prevent disorderly conduct, nuisances, or other disruptions from occurring at the store. 5. The project does not include late hours which may otherwise be disruptive to the surrounding residential uses. Condition of Approval No. 25 limits the hours of operation to 9 a.m. to 10 p.m., daily. Any change to open the store earlier or close the store later will require subsequent review and may require an amendment to the MUP. 6. Condition of Approval No. 20 prohibits deliveries and refuse collection for the facility between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the Zoning Administrator Resolution No. ZA2022-080 Page 7 of 12 10-18-21 hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays. This limitation should help minimize disturbance to the surrounding residential uses. 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 retail store is proposed within an existing commercial space of an existing building that is located within a fully developed neighborhood. The neighborhood is adequately served by existing emergency services and utilities. Access to the subject property is provided by Palm Street, the alley in the rear of the property, and the Oceanfront Boardwalk. 2. As a trash enclosure is not currently provided on-site, Condition of Approval no. 17 has been included to require more frequent pick-up of trash should the existing trash storage prove to be inadequate. 3. The proposed project was reviewed by relevant City departments including the Building Division, Public Works Department, and Fire/Life Safety Services. Comments have been incorporated into the project through design and conditions of approval. There are no objections to the project. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. According to the Applicant, the tenant space was last occupied by a professional office and has sat empty for many years. The proposed project will help revitalize the 100 block of Palm Street with tenant improvements to the space and the establishment of a new store to serve visitors and residents in the surrounding area. 2. Although the commercial space is proximate to residential uses with dwelling units above and directly west, it is oriented toward Palm Street, which provides direct access to the space for patrons. The proposed use is not anticipated to be detrimental, especially with the Conditions of Approval included in Exhibit “A” to narrow the operational characteristics. Zoning Administrator Resolution No. ZA2022-080 Page 8 of 12 10-18-21 3. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the store. 4. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible and no impacts to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood are expected. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator 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 Zoning Administrator of the City of Newport Beach hereby approves the Minor Use Permit (PA2021-266), 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 or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the NBMC. PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF DECEMBER, 2022. Zoning Administrator Resolution No. ZA2022-080 Page 9 of 12 10-18-21 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 and floor plans stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. Any tastings and/or the onsite consumption of alcohol are not permitted as part of this MUP and are expressly prohibited. 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 MUP. 5. All proposed signs shall be in conformance the provisions of Chapter 20.42 (Signs) of the NBMC. With the exception of tenant identification sign, no additional public facing signage advertising the availability of alcohol or specific brands shall be permitted. t 6. Minor Use Permit No. PA2021-266 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 7. This MUP may be modified or revoked by Zoning Administrator 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. 8. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and potential amendment of this MUP. 9. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the MUP file. The plans shall be identical to those approved by all City departments for building Zoning Administrator Resolution No. ZA2022-080 Page 10 of 12 10-18-21 permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. 11. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 12. Prior to the issuance of a building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 13. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 14. 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. 15. 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. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 16. No outside paging system shall be utilized in conjunction with this establishment. 17. Trash shall be stored within the building or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. Should existing trash storage areas be inadequate for the increased level of trash generation, the Applicant shall increase the frequency of trash collection service. 18. 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 Zoning Administrator Resolution No. ZA2022-080 Page 11 of 12 10-18-21 with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 19.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. 20.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 MUP. 21.Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of trash containers on pick-up days. 22.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 Boardwalk Wine & Spirits including, but not limited to, Minor Use Permit (PA2021-266). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s 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, attorney’s fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department 23.The ABC License shall be limited to a Type 21 (Off-Sale General). Any substantial change to the ABC license type shall require subsequent review and potential amendment of the MUP. 24.The Applicant shall comply with all federal, state, and local laws, and all conditions of the ABC License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the MUP. 25.The hours of operation shall be limited to 9 a.m. to 10 p.m. daily. 26.Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 27.The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the Zoning Administrator Resolution No. ZA2022-080 Page 12 of 12 10-18-21 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. 28. 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 NBMC to require such permits. 29. The Applicant shall maintain a security recording system with a 30-day retention and make those recordings available to the Police Department upon request. 30. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible beverage service within 60 days of hire. The certified program must meet the standards of the State of California. Records of each owner’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. 31. Wine, champagne, and distilled spirits shall not be sold in containers less than 350 ml in size. 32. Beer or Malt Liquor alcoholic beverages shall not be sold by single container and must be sold in manufacturer pre-packaged multi-unit quantities of four or more. Exception: Craft Beer may be sold in single units. Craft Beer is defined by the Brewers Association as beer produced by small independent breweries with an annual production of 6 million barrels of beer or less, and less than 25% of the brewery is owned or controlled by an alcoholic beverage industry member that is not a craft brewer. Building Division 33. 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. Public Works Department 34. A new sewer cleanout shall be installed on the existing sewer lateral in accordance with City Standard 406. 35. All deliveries shall park legally. No double parking or parking in red curb areas shall be allowed.