HomeMy WebLinkAboutPC2024-024 - APPROVING A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING RESTAURANT OPERATING WITH LATE HOURS AND A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL LICENSE LOCATED AT 2001 WESTCLIFF DRIVE, SUITE 100 (PA2024-0064)RESOLUTION NO. PC2024-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, SUPERSEDING CONDITIONAL USE
PERMIT NO. UP2016-038 AND APPROVING A CONDITIONAL
USE PERMIT TO EXPAND AN EXISTING RESTAURANT
OPERATING WITH LATE HOURS AND A TYPE 47 (ON-SALE
GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE
CONTROL LICENSE LOCATED AT 2001 WESTCLIFF DRIVE,
SUITE 100 (PA2024-0064)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Russell Bendel (“Applicant”), with respect to property located
at 2001 Westcliff Drive, Suite 100, and legally described as Parcel 1 of Lot Merger No. LM
2013-005 (“Property”).
2. The Applicant requests a Conditional Use Permit (“CUP”) to expand an existing 3,205
square foot restaurant known as Olea (“Restaurant”) into an adjacent commercial suite.
With the expansion, the square footage of the Restaurant is proposed to be approximately
4,345 square feet. The increased area will allow the Restaurant to provide additional
seating, an additional restroom, a private dining room, and space for an unamplified player
piano (“Project”). The player piano does not meet the definition of live entertainment
pursuant to Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Newport
Beach Municipal Code (“NBMC”) and no dancing is proposed. The Restaurant currently
provides 498 square feet of outdoor dining area which will not be changed. The hours of
operation for the outdoor dining patio area shall be limited to the hours between 10:00 a.m.
and 11:00 p.m., Sunday through Wednesday, and 10:00 a.m. and 12:00 a.m., Thursday
through Saturday. There are no proposed changes to the existing Type 47 (On Sale
General – Eating Place) California Department of Alcoholic Beverage Control (“ABC”)
license or the hours of operation. The Restaurant will continue to be open from 10:00 a.m.
to 12:00 a.m., daily, which is considered late hours. Approval of the Project would
supersede Conditional Use Permit No. UP2016-038 (PA2016-142).
3. The Property is located within the Commercial General (CG) Zoning District and the
General Plan Land Use Element category is General Commercial (CG).
4. The Property is not located within the coastal zone; and therefore, a coastal development
permit is not required.
5. A public hearing was held on November 21, 2024, in the Council Chambers at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place, and purpose of the
hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph
M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both
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written and oral, was presented to and considered by, the Planning Commission 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.
2. The Class 1 (Existing Facilities) 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 involves interior improvements to a food service eating
and drinking establishment in an existing commercial suite within an existing building.
While the Project increases the area used for dining, the additional capacity is a
negligible expansion of use considering the Restaurant and its surrounding
development.
SECTION 3. REQUIRED FINDINGS.
In accordance with NBMC Section 20.52.020(F) (Conditional Use Permits and Minor Use
Permits – Findings and Decision) and Section 20.48.030 (Alcohol Sales), the following findings
and facts in support of such findings are set forth:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030(C)(3) (Alcohol
Sales).
Facts in Support of Finding:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The Property is in an area the Newport Beach Police Department (“NBPD”) has
designated as Reporting District 28 (“RD 28”). 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 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. The Part One
Crimes Rate in RD 28 is higher than the Part One Crimes Rate for the City and adjacent
districts. The crime rate in RD 28 is 158% above the Citywide Reporting District average.
However, the Project is not located in an area that has a high concentration of alcohol
licenses; thus, there are no anticipated concerns with allowing the establishment to
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continue to operate with alcohol and late hours. The Police Department does not object
to this Project as conditioned.
2. The NBPD has reviewed the Project. Based on the location and operational
characteristics, the NBPD has no objection to the Project, subject to appropriate
conditions of approval, which are included in Exhibit “A” attached to this resolution.
ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district
and in adjacent reporting districts.
1. RD 28 has a higher number of total arrests and calls for service compared to all adjacent
reporting districts. However, the number of alcohol-related arrests is lower than two of
the adjacent reporting districts and represents only 14% of total arrests.
iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, places of worship, schools, other similar uses, and
any uses that attract minors.
1. The Project site is located in a commercial zoning district and is adjacent to a residential
zoning district, with the Eight 80 Newport Beach apartments located to the southwest of
the Property. It is otherwise surrounded by commercial zoning districts. The restaurant
is separated from the residential zoning district by a parking structure. The proposed
use is surrounded by other commercial uses. There are no day care centers, hospitals,
parks and recreation facilities, places of worship, or similar uses in the immediate
vicinity, except for Bob Henry Park and Newport Harbor High School, which are both
within 3,000 feet of the Project. The Restaurant began serving alcohol in 2016, and
alcohol sales have not been detrimental to the community despite the Restaurant’s
proximity to two sensitive land uses.
iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. The per capita ratio of one license for every 529 residents is lower than all adjacent
reporting districts (with the exception of RD 29 with 0 active licenses) and the average
Citywide ratio. There is no oversaturation of alcohol licenses in this reporting district.
2. Café Sakana is located at 1703 Westcliff Drive to the southeast of the Restaurant, in the
Westcliff Court shopping center. Café Sakana is authorized to operate until 11:00 p.m.
(no late hours) and does not provide live entertainment and dancing. Café Sakana has
a Type 41 (On-Sale Beer & Wine – Eating Place) ABC License. Approximately 750 feet
to the Northeast, Ralphs Supermarket has a Type 21 (Off-Sale General) and Type 86
(Instructional Tasting License) ABC License. CVS Pharmacy, about 300 feet to the
northeast, also has a Type 21 (Off-Sale General) ABC License. Approximately 750 feet
to the northeast, three adjacent restaurants operate with Type 41 (On-Sale Beer & Wine
– Eating Place) ABC Licenses. These three restaurants are the Chicken Shop, Pandor
Bakery and Café, and OEB Breakfast Company.
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v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. There are no current objectionable conditions caused by the sale of alcohol. The Project
is an expansion to an existing restaurant, and the one call for service to the address in
2015 was not for crimes due to the business practice of the Applicant or over service of
alcohol. There is no evidence suggesting that this use has been detrimental to the
neighborhood.
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The Property is categorized as General Commercial (CG) by the Land Use Element of
the General Plan. The General Commercial (CG) designation is intended to provide a
wide variety of commercial activities oriented primarily to serve citywide or regional
needs. A restaurant is consistent with this designation.
2. Eating and drinking establishments with alcohol service (i.e., “restaurants”) are
consistent with the General Commercial (CG) designation. The expanded restaurant
area does not alter the mix of commercial uses within The Walk or change the primary
use of the area away from the wide variety of commercial uses consistent with the
General Commercial (CG) designation.
3. The Restaurant is an up-scale, sit-down restaurant with gourmet food and drink options.
There is bar seating available and an outdoor patio with eight tables for patrons.
4. The Project is in support of General Plan Policy LU 2.1 (Resident-Serving Land Uses)
as it provides for the recreation, culture, and social needs of the city’s residents.
5. The Project will also serve visitors to Newport Beach, which helps ensure the area
remains vibrant and successful. The Project is also in support of General Plan Policy LU
2.4 (Economic Development) which encourages the accommodation of uses that
maintain or enhance Newport Beach’s fiscal health and account for market demands,
while maintaining and improving the quality of life for current and future residents.
6. The 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 the Zoning Code and the Municipal Code.
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Facts in Support of Finding:
1. The Property is located in the Commercial General (CG) Zoning District, which is
intended to provide a wide variety of commercial activities oriented primarily to serve
citywide or regional needs. Food service eating and drinking establishments with alcohol
and late hours are permitted in this zone with approval of a CUP.
2. The proposal does not include a request to increase floor area beyond what was
approved under the original entitlement, Site Development Review No. SD2013-003.
The Restaurant will expand into an adjacent suite that is entirely within the existing
building footprint. Existing Use Permit No. UP2016-038 (PA2016-142) allows Olea to
operate with a Type 47 (On-sale General – Eating Place) Alcoholic Beverage Control
(ABC) license and with late hours (from 10:00 a.m. to 12:00 a.m., daily). The
construction of the building was completed before the Restaurant began operating in
2016. Operator License OL2016-008 was obtained after the approval of the CUP and
prior to operation of the Restaurant.
3. The Project is designed with 2,159 square feet of interior net public area and a 498-
square-foot outdoor patio. The total proposed square footage including non-public areas
is 4,345 square feet. Per Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces
Required) of the Newport Beach Municipal Code, restaurants require parking spaces at
a rate of 1 space per 100 square feet of gross floor area, and 1 space per 150 square
feet for outdoor dining areas. The resulting parking requirement is based on
4,345square feet of interior floor area and 498 square feet of outdoor dining area, with
a total requirement of 48 spaces (498 square feet/150 square feet = 4 spaces + 4,345
/100 square feet = 44 spaces). The total required parking for the site after the proposed
expansion would be 369 spaces, leaving a surplus of 35 on-site parking spaces
remaining.
4. The Property was developed with surplus parking beyond what was required with the
original entitlement and provides sufficient surplus parking for the Restaurant expansion.
The Restaurant is located within an existing commercial center known as The Walk,
which is provided 404 parking spaces, and 369 spaces are required when including the
48 spaces required by the Project. This leaves 35 surplus spaces for the center.
5. A player piano is proposed within the interior expansion area. The intent of the player
piano is to provide music to accompany dining. The player piano does not meet the
definition of live entertainment pursuant to Section 20.70.020 (Definitions of Specialized
Terms and Phrases). “Live entertainment” means entertainment provided by one or
more live performers, including musical, theatrical, dance, cabaret, or comedy acts. For
purposes of this definition, a disc jockey or a person whose performance consists of
selecting or manipulating prerecorded music is considered a performer. This definition
does not include “Adult-oriented businesses” and does not include live, unamplified
musical accompaniment to dining in a restaurant by no more than two performers,
including patrons, without dancing. Condition of Approval No. 18 requires the player
piano to be unamplified, for music to be performed by no more than two performers,
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including patrons, and that no dancing is proposed. Therefore, the proposed piano does
not constitute live entertainment per the NBMC.
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 Restaurant is located on the ground floor of an existing multi-tenant, three-story
commercial building. The adjacent ground floor tenant is Salt and Straw, an ice cream
shop which operates from 11:00 a.m. to 11:00 p.m., daily. There are medical offices
above the subject suite. The Project is the only restaurant use with both alcohol and late
hours in the immediate vicinity and has been operating without conflicting with the other
uses in the area since its inception in 2016. The Restaurant is within a corner suite and
is both easily visible and accessible from the large, shared parking lot.
2. Two trash enclosures on concrete pads with three walls, self-latching gates, and
decorative solid roofs are provided on site in compliance with 20.30.120 (Solid Waste
and Recyclable Materials Storage). Condition of Approval No. 21 requires the Applicant
to control trash and litter around the Property.
3. The operational conditions of approval recommended by the NBPD relative to the sale
of alcoholic beverages, including an operator license, will help ensure compatibility with
the surrounding uses and minimize alcohol related impacts. Condition of Approval No.
28 ensures the welfare of the surrounding community by preventing the food service
eating and drinking establishment from becoming a bar or tavern. The establishment is
required to comply with the requirements of the Alcoholic Beverage Control Department
to ensure the safety and welfare of customers and employees of the establishment. The
Project has been conditioned so that no dancing or live entertainment will be permitted
on the premises.
4. Although the Property is adjacent to a large multi-unit residential property, the tenant
space and outdoor patio are separated from the residential uses by the rest of the
building containing the Project, a parking structure, the public street Sherington Place,
and the off-street surface parking serving the multi-unit residential property.
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:
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1. The tenant space is located within an existing commercial building approved by site
development review in 2014. The design, size, and location were approved by Site
Development Review No. SD2013-003.
2. Vehicular access is provided from four 30-foot-wide vehicular entry drives, two fronting
Sherington Place and two fronting Westcliff Drive. Pedestrian access is available via
sidewalk surrounding the property.
3. Adequate public and emergency vehicle access, public services, and utilities are
provided to the Property. The Fire Department has reviewed the Project and had no
concerns from the perspective of first responders.
4. Condition of Approval No. 4 is included to ensure that the Applicant obtains all necessary
approvals from Orange County Health Department to ensure the safety and welfare of
customers and employees.
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. Condition of Approval No. 29 protects the neighborhood from the proliferation of alcohol
consumption spilling over into adjacent properties as it states that no alcoholic beverages
shall be consumed on any property adjacent to the licensed premises under the control of
the licensee.
2. The Project has been reviewed by the Planning Division, and Condition of Approval No.
24 is included 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
sidewalks and areas surrounding the Property and adjacent properties during business
hours, if directly related to the patrons of the establishment.
3. The Restaurant will provide a service to the neighborhood by providing dining services
as a public convenience to the nearby multiple-unit residential uses as well as the
visitors to the area, which is an intent of the Commercial General Zoning Designation.
The service of alcohol will complement the principal use of the establishment and
provide an economic opportunity for the property owner and business owner to maintain
a successful business in a way that best serves the community.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby approves the Conditional
Use Permit filed as PA2024-0064, subject to the conditions set forth in Exhibit “A,” which
is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this resolution was
adopted unless within such time an appeal is filed with the City Clerk in accordance with
the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code.
4. This resolution supersedes Use Permit No. UP2016-038 (PA2016-142) which upon
vesting of the rights authorized by PA2024-0064, shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF NOVEMBER 2024.
AYES: Barto, Ellmore, Harris, Langford, Lee, Rosene, Salene
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Mark Rosene, Chair
BY:_________________________
David Salene Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
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. Conditional Use Permit No. PA2024-0064 shall expire unless exercised within 24 months
from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and
Extensions), unless an extension is otherwise granted.
3. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The Applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for revocation of this Conditional
Use Permit.
5. The Conditional Use Permit may be modified or revoked by the Planning Commission
should they determine that the proposed uses or conditions under which it is being
operated or maintained is detrimental to the public health, welfare or materially injurious to
property or improvements in the vicinity or if the property is operated or maintained so as
not to constitute a public nuisance.
6. The operator shall be required to obtain an operator license consistent with Chapter 5.25
of the NBMC.
7. Any change in operational characteristics, expansion in area, or other modification to the
approved plans shall require subsequent review by the Planning Division and may require
an amendment to this Conditional Use Permit or the processing of a new Conditional Use
Permit.
8. 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.
9. 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.
10. Prior to the issuance of a building permit, a copy of this approval letter shall be incorporated
into the Building Division and field sets of plans.
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11. Prior to 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 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 easily discernible from other elements of the plans.
12. The hours of operation for the eating and drinking establishment shall be limited to the
hours between 10:00 a.m. and 12:00 a.m. daily. The hours of operation for the outdoor
dining patio area shall be limited to the hours between 10:00 a.m. and 11:00 p.m., Sunday
through Wednesday, and 10:00 a.m. and 12:00 a.m., Thursday through Saturday. All
customers shall vacate the establishment no later than 30 minutes following this closing
time.
13. 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.
14. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42
(Signs) of the NBMC and with the approved sign program for the site (PA2021-270).
15. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting) of the
NBMC. The Community Development Director may order the dimming of light sources or
other remediation upon finding that the site is excessively illuminated. If new outdoor
lighting is proposed, the Applicant shall submit a photometric survey as part of the plan
check to verify illumination complies with the Zoning Code standards.
16. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 (Community Noise Control) and other
applicable noise control requirements of the NBMC.
17. No loudspeakers or paging system shall be permitted in conjunction with the facility.
18. The proposed player piano for dining accompaniment shall be unamplified, and music shall
be played by no more than two performers, including patrons. Dancing is not permitted
without an amendment to allow live entertainment.
19. Construction activities shall comply with Section 10.28.040 (Construction Activity—Noise
Regulations) of the NBMC, which restricts hours of noise-generating construction activities
to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m.
and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on
Sundays or holidays.
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20. 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).
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 20 feet of the premises. Graffiti shall be
removed within 48 hours of written notice from the City.
22. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates,
containers, building materials, trash receptacles, or similar objects shall not be allowed
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.
23. Storage outside of the building in the front or at the rear of the property shall be prohibited,
with the exception of the trash container on pick-up days.
24. The operator shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding
the alcoholic beverage outlet and adjacent properties during business hours.
25. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site
media broadcast, or any other activities as specified in the Newport Beach Municipal
Code to require such permits.
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 Olea Conditional Use Permit including, but not limited to, Conditional Use
Permit No. PA2024-0064. 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. 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
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27. 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.
28. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the NBMC.
29. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
30. No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
31. 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.
32. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m.
33. Food service from the regular menu must be made available to patrons until 30 minutes
prior to closing.
34. 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 NBPD on demand.
35. 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.
36. Strict adherence to maximum occupancy limit is required.
37. “VIP” passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink orders for the
sale of drinks is prohibited (excluding charges for price fixed meals).
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38. The outdoor dining patio shall be separated from the commercial corridor with a solid
decorative barrier (subject to ADA compliance) at least 26 inches high placed around the
perimeter of the consumption area.
39. The Applicant shall post and maintain professional quality signs measuring 12 inches by
12 inches with lettering no smaller than 2 inches in height that read, “No alcoholic
Beverages Beyond This Point” at all premises exits.
40. Management shall maintain an operational log of daily activities related to the sale and
service of alcoholic beverages, as well as any additional security actions. Management
shall make this log available to the Police Department upon request.
Building Division
41. The occupant load for the private dining room shall be limited as required by the California
Building Code.
42. The Applicant shall provide an accessible path of travel from the parking area and public
right of way to the tenant space pursuant to 11B-202.4 of the California Building Code
(CBC).
43. The Applicant shall provide a minimum of 5%, or 1 (whichever is greater), accessible
seatings for each type of seating present.
Docusign Envelope ID: F4249FA3-2D54-4756-82CF-5F525AA7178B