HomeMy WebLinkAbout2023 - WORKS, A FOOD SERVICE EATING AND DRINKING ESTABLISHMENT WITH TYPE 41 AND TYPE 20 ABC LICENSE AND LATE HOURS OF OPERATION -3408 Via Oporto RESOLUTION NO. 2023
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. UP2016-027 FOR A FOOD
SERVICE, EATING AND DRINKING ESTABLISHMENT WITH
LATE HOURS, A TYPE 41 ALCOHOL LICENSE, AND
OUTDOOR DINING PATIO LOCATED AT 3408 VIA OPORTO,
SUITES 102 AND 103 (PA2016-102)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS,
1. An application was filed by Eric Paine representing Lido Bottle Works, LLC, with respect
to property located at 3408 Via Oporto, Suites 102 and 103, and legally described as
Parcel 1 of Parcel Map No. 59-17 (Resubdivision No. 416), consisting of Lots 16 through
21 in Tract 907, as shown on a map recorded in Book 47 Pages 39, of Miscellaneous
Maps, records of Orange County, California. The applicant requests approval of a
conditional use permit.
2. The applicant proposes a conditional use permit to allow a restaurant, Lido Bottle
Works, with late hours, a Type 41 (On Sale Beer and Wine) Alcoholic Beverage
Control (ABC) license, and an outdoor dining patio. As requested, the floor plan
includes a 49-square-foot walk-in refrigeration unit to facilitate off-sale beer and wine
sales.
3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning
District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water
Related),
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related).
5. A public hearing was held on September 1, 2016, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was
given in accordance with the Newport Beach Municipal Code. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
Planning Commission Resolution No. 2023
Page 2 of 14
2. The Class 1 exemption includes the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use. The proposed project involves the interior alteration of an existing eating and
drinking establishment. Therefore, the project qualifies for a categorical exemption
under Class 1.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make
the following finding for approval of a new alcoholic beverage license:
Finding:
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:
1. The purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is to
maintain a healthy environment for residents and businesses. Alcohol service is intended
for the convenience of customers dining at the restaurant. Operational conditions of
approval recommended by the Planning Division and Police Department relative to the
sale of alcoholic beverages including the requirement to obtain an Operator License
will ensure compatibility with the surrounding uses and minimize alcohol-related
impacts.
2. The subject property is located in an area with a significant variety of land uses
including commercial, retail, office, and marine-related resources. The business hours,
operational characteristics (without the retail sales of alcohol for off-site consumption),
and floor plan have been limited so as to maintain the compatibility of the proposed
use with surrounding land uses.
3. The Balboa Peninsula is generally characterized by a high number of visitors, in which
commercial and residential zoning districts are located in close proximity to one
another. This location in Lido Marina Village is a greater distance from sensitive land
uses than other commercial areas. The draft resolution includes conditions of approval
to further minimize negative impacts to surrounding land uses and ensure that the use
remains compatible with the surrounding community.
4. The off-sale request is an additional component beyond what the existing restaurant
had and could increase the demand for Police Services in an over-concentrated area
for alcohol licenses within Reporting District No. 15.
Pursuant to Section 20.22.020 (Mixed-Use Zoning Districts, Land Uses and Permit
Requirements) of the Newport Beach Municipal Code, eating and drinking establishments
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classified as Food Service, Late Hours, require the approval of a conditional use permit within
the MU-W2 (Mixed-Use Water Related) Zoning District.
In accordance with Section 20.52.0205 (Conditional Use Permit, Findings and Decision) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings
are set forth:
Finding:
B. The use is consistent with the General Plan and any applicable Specific Plan.
Facts in Support of Finding:
1. The MU-W2 (Mixed-Use Water Related) General Plan and CLUP land use
designations apply to waterfront properties in which marine-related uses may be
intermixed with general commercial, visitor-serving commercial, and residential
dwelling units on the upper floors. Although the subject property and surrounding
development does not include residential uses, the proposed eating and drinking
establishment is consistent with the visitor-serving land uses intended for the MU-W2
(Mixed-Use Water Related) land use designation of the General Plan and CLUP.
2. The requested outdoor dining patio hours are compatible with the goals established for
Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes
the need for "a pedestrian-oriented village environment that reflects its waterfront
location, providing a mix of uses that serve visitors and local residents." The proposed
use and outdoor dining patio provides an additional amenity for visitors to enjoy the
bay frontage.
3. Land Use Element Policy LU5.2.2 (Buffering Residential Areas) suggests that
commercial uses adjoining residential neighborhoods should be designed to be
compatible and minimize impacts to these uses. Turning music at the patio off at 10:00
p.m. will ensure that noise impacts to residents across Newport Harbor are minimized.
4. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of
convenient parking is available throughout the City. Analysis provided by the Lido
Marina Village Parking Demand Analysis and in accordance with the approved Parking
Management Program [Planning Commission Resolution No. 1966, Conditional Use
Permit No. UP2014-014 (PA2014-002)] demonstrates that an adequate supply of
parking will be provided based upon the shared use of parking within Lido Marina
Village.
5. The project site is not located within 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.
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Facts in Support of Finding:
1. The MU-W2 (Mixed-Use Water Related) zoning district applies to waterfront properties
in which marine-related uses may be intermixed with general commercial, visitor-
serving commercial, and residential dwelling units on the upper floors. Eating and
drinking establishments classified as Food Service, Late-Hours require the approval of
conditional use permit within the MU-W2 (Mixed-Use Water Related) Zoning District.
2. Section 20.48.090 (Eating and Drinking Establishments) of the Zoning Code states
that all activities shall be conducted entirely within an enclosed structure, with the
exception of checking patron's identification, valet parking activities, and outdoor
dining. The restaurant will comply with these provisions based upon the project plans
and conditions of approval.
3. Section 20.48.090.F.3.b (Eating and Drinking Establishments, Outdoor Dining) also
requires that the review authority consider the relationship of outdoor dining to
sensitive noise receptors. The outdoor dining patio closing hour of 11:00 p.m., Sunday
through Wednesday and 12:00 midnight, Thursday through Saturday, will minimize
noise impacts to residents located across Newport Harbor and along Via Lido.
4. The proposed use and required parking is consistent with the Lido Marina Village
Parking Management Program [Conditional Use Permit No. UP2014-014 (PA2014-
002)].
5. As conditioned, the proposed project will comply with Newport Beach Municipal Code
standards for eating and drinking establishments.
6. The eating and drinking establishment is consistent with the Lido Marina Village
Design Guidelines. The renovation of the existing establishment will support local
establishments within Lido Marina Village and improve the pedestrian experience.
7. The existing development is nonconforming to the 0.5 Floor Area Ratio (FAR). The
existing building and ongoing alterations are allowed by Section 20.38.040
(Nonconforming Structures) of the Zoning Code because the building renovations do not
result in an increase in the gross floor area or FAR.
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. An eating and drinking establishment has operated in these suites since 1977 and
1979. The location is compatible with other commercial uses in the area and serves as
a supporting use within the Lido Marina Village retail commercial area. The eating and
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drinking establishment also serves as an important visitor-serving use that benefits the
area, which is in furtherance of the City's Coastal Land Use Plan and the Coastal Act.
2. The subject property is located in a relatively dense commercial village area with
multiple uses within a short distance of each other. Lido Marina Village is conducive to
a significant amount of walk-in patrons. No on-site parking is available for the subject
property but adequate parking is provided in the Lido Marina Village parking structure
and adjacent streets (Central Avenue and Via Oporto) as authorized under the
approved Parking Management Program for Lido Marina Village [Conditional Use
Permit No. UP2014-014 (PA2014-002)].
3. The operational conditions of approval will promote compatibility with the surrounding
uses. The floor plan provides tables and counter areas to accommodate 40 interior
seats and 24 outdoor dining patio seats. The restaurant closes at 12:00 midnight,
which is earlier than other uses on the Peninsula and minimizes the demand for police
services in the area. The applicant is required to maintain substantial conformance
with the approved floor plan in conjunction with a Type 41 (On Sale Beer and Wine)
alcohol license so that the restaurant's primary use is an eating and drinking
establishment and not a bar, lounge, or night club.
4. The business operation does not include live entertainment or dancing.
5. The proposed use will not necessitate high levels of lighting or illumination and all
outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070
(Outdoor Lighting).
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 project site is located within an existing commercial building and the tenant space
is designed and developed for an eating and drinking establishment. The design, size,
location, and operating characteristics of the use are compatible with the surrounding
Lido Marina Village development. The existing tenant space on the subject property has
historically been occupied by an eating and drinking establishment.
2. The outdoor dining area will not inhibit the width of the boardwalk area and pedestrian
easement adjacent to the harbor. The proposed outdoor dining patio provides an
additional amenity for coastal visitors to enjoy the bay frontage.
3. Adequate public and emergency vehicle access, public services, and utilities exist for
the existing development. Access is provided by Via Oporto and Central Avenue from
Via Lido. All utilities presently exist in the vicinity.
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4. The design of the tenant improvements will comply with all Building, Public Works, and
Fire Codes, and must be approved by the Orange County Health Department.
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. The tenant improvements to the existing eating and drinking establishment should
have a positive impact on the area and may promote further revitalization of
commercial properties located in Lido Marina Village. The eating and drinking
establishment will serve the surrounding community.
2. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. Turning the music
off at 10:00 p.m. on the patio will ensure the restaurant will remain in compliance with
Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code.
3. The restaurant does not include live entertainment or dancing.
4. The project includes conditions of approval to ensure that potential conflicts with the
surrounding land uses are minimized to the greatest extent possible. The alcohol service
on-site has been conditioned to prohibit off-sale alcohol sales. The limited hours reduce
impacts to surrounding land uses and sufficient parking is available in the parking
structure to accommodate the eating and drinking establishment. 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 restaurant, during business hours, if directly related to
the patrons of the establishment.
5. Staff will return at a future noticed hearing to revoke Use Permit No. UP1849 and its
subsequent amendment, Outdoor Dining Permit No. 005, Use Permit No. UP1906,
Planning Director's Use Permit No. 18, and Outdoor Dining Permit No. OD45.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2016-027 (PA2016-102), subject to the conditions set forth in Exhibit
A, which is attached hereto and incorporated by reference.
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Planning Commission Resolution No. 2023
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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.
PASSED, APPROVED, AND ADOPTED THIS 1ST DAY OF SEPTEMBER, 2016.
AYES: Hillgren, Koetting, Kramer, Lawler, and Zak
NOES: Dunlap
ABSTAIN: None
ABSENT: Weigand
BY:
—
o Kr er Chairman
BY:
Peter Zak, Sec eta
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Planning Commission Resolution No. 2023
Page 8 of 14
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Conditional Use Permit No. UP2016-027 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 Newport Beach Municipal Code, 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 Use
Permit.
5. This Conditional Use Permit may be modified or revoked by the City Council or
Planning Commission should they determine that the proposed uses or conditions
under which it is being operated or maintained is detrimental to the public health,
welfare or materially injurious to property or improvements in the vicinity or if the
property is operated or maintained so as to constitute a public nuisance.
6. This Conditional Use Permit shall be reviewed by the Planning Commission one year
following the occupancy of the restaurant to ensure the business operation has not
resulted in detrimental impacts.
7. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall 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. 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.
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11. Prior to issuance of building 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.
12. The hours of operation for the interior of the restaurant shall be limited from 10:00 a.m.
through 12:30 a.m., daily. The doors shall be closed to new customers one half hour
prior to the closing hour.
13. The hours of operation for the outdoor dining patio shall be limited between 10:00 a.m.
and 12:00 midnight, Thursday through Saturday, and between 10:00 a.m. and 11:00
p.m., Sunday through Wednesday. No patrons shall be on the patio after the stated
hours.
14. That the "net public area" of the restaurant shall not exceed 644 square feet for the
interior of the subject restaurant facility.
15. The accessory outdoor dining shall be used only in conjunction with the related adjacent
establishment. The outdoor dining patio shall be limited to 324 square feet in area.
16. The restaurant and patio seats shall be configured in a dining room setting. The dining
tables and chairs are not permitted to be moved to create standing areas for food and
beverage service to patrons.
17. 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.
18. The restaurant and patio areas may be used for private parties provided that said use
is not a promotional activity and/or does not require a City issued Special Event
Permit.
19. The height of the boundary wall of the accessory outdoor dining area shall be marked
on the approved plans. Fences, walls, or similar barriers shall serve only to define the
outdoor dining area and not constitute a permanent all weather enclosure.
20. There shall be no live entertainment or dancing allowed on the premises.
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21. A comprehensive security plan for the permitted uses shall be submitted for review and
approval by the Newport Beach Police Department (NBPD). The procedures included in
the plan and any recommendations made by the NBPD shall be implemented and
adhered to for the life of the Conditional Use Permit.
22. The installation of roof coverings shall not have the effect of creating a permanent
enclosure. The use of umbrellas for shade purposes shall be permitted. The use of
any other type of overhead covering shall be subject to review and approval by the
Community Development Director and may require an amendment to this permit.
23. All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 (Sign Standards) of the
Newport Beach Municipal Code.
24. No temporary "sandwich" signs shall be permitted, either on-site or off-site, to
advertise the restaurant facility. Temporary signs shall be prohibited in the public right-
of-way unless otherwise approved by the Public Works Department in conjunction with
the issuance of an encroachment permit or encroachment agreement.
25. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The
Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
26. 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 and other applicable noise control
requirements of the Newport Beach Municipal Code. Pre-recorded music may be
played in the tenant space, provided exterior noise levels outlined below are not
exceeded. The noise generated by the proposed use shall comply with the provisions
of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be
limited to no more than depicted below for the specified time period unless the ambient
noise level is higher:
Between the hours of 7:OOAM Between the hours of
and 10:OOPM 10:OOPM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50dBA
100 feet of a commercial property
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
27. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise-generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
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Planning Commission Resolution No. 2023
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Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction
activities are not allowed on Sundays or Holidays.
28. An outdoor sound system shall be permitted within the outdoor dining areas for music
played at a background level. Music on the outdoor dining patios shall be turned off at
10:00 p.m. daily. Sound shall adhere to Chapter 10.26 of the Newport Beach Municipal
Code.
29. 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.
30. Prior to occupancy of the restaurant, a separate building permit shall be finaled for a
minimum 32-square-foot trash and recycling area to serve the restaurant on the
subject property.
31. 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.
32. All trash shall be stored within the building, except when placed for pick-up by refuse
collection agencies. 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).
33. Trash receptacles for patrons shall be conveniently located inside of the
establishment. 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.
34. 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.
35. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Lido Bottle Works CUP including, but not limited
to, Conditional Use Permit No. UP2016-027 (PA2016-102). This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
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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 Conditions
36. The operator of the establishment shall secure and maintain an Operator License
pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be
permitted to operate beyond the hours of 12:00 midnight, daily.
37. The Operator License required to be obtained pursuant to Chapter 5.25 of the Municipal
Code, may be subject to additional and/or more restrictive conditions such as a security
plan to regulate and control potential late-hour nuisances associated with the operation of
the establishment.
38. 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.
39. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Newport Beach Municipal Code.
40. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
41. 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.
42. Food service from the regular menu shall be available to patrons up to thirty (30)
minutes before the scheduled closing time.
43. 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
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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.
44. 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 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.
45. 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.
46. "VIP" passes or other passes to enter the establishment, as well as door charges, cover
charges, or any other form of admission charge, including minimum drink order of the
sale of drinks is prohibited (excluding charges for prix fixe meals).
47. 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.
48. There shall be no exterior signs advertising off-sales of alcohol.
49. There shall be no off-sales of alcohol permitted after 10:00 p.m., daily.
50. Off-sale retail alcohol sales shall consist of bottles only. Retail sales of growlers or
kegs (64 oz. or more) shall not be permitted.
51. The walk-in/reach-in cooler area shall be limited to 50 square feet in area.
Fire Department Conditions
52. A Type I hood shall be installed at or above all commercial cooking appliances and
domestic cooking appliances used for commercial purposes that produce grease
vapors. California Fire Code Section 609.2.
53. Each required commercial kitchen exhaust hood and duct system required by Section
609 with a Type I hood shall be protected with an approved automatic fire-
extinguishing system installed , complying with UL300, in accordance with the fire
code (C.F.0 Section 904.11).
54. As per California Building Code Table 1015.1, two exits are required when the
occupant load exceeds 49. Exits are not allowed to pass through kitchen areas. If
there is not a direct exit from the patio area, then two exits will be required from the
restaurant area. Where two exits are required, the exit doors shall be placed a
distance apart equal to not less than one-half of the length of the maximum overall
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diagonal dimension of the building or area to be served measured in a straight line
between exit doors.
Building Division Conditions
55. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. A building permit is required to allow the change in use to an eating
and drinking establishment. The construction plans must comply with the most recent,
City-adopted version of the California Building Code. The construction plans must meet
all applicable State Disabilities Access requirements. Complete sets of drawings
including architectural, electrical, mechanical, and plumbing plans shall be required at
plan check.
56. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
57. Strict adherence to maximum occupancy limits is required.
58. Public sanitation facilities shall be available to the general public (patrons) during regular
business hours of the operation, unless otherwise approved by the Building Division.
59. A grease interceptor shall be installed prior to the establishment opening for business to
the satisfaction of the Building Division.
60. A covered wash-out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall
be provided, and the area shall drain directly into the sewer system, unless otherwise
approved by the Building Director and Public Works Director in conjunction with the
approval of an alternate drainage plan.
61. Prior to the issuance of building permits, the project plans shall demonstrate that the
restroom access shall provide clearances for accessibility (Ch.11 B).
62. The restaurant shall provide accessible access/seating to all functional areas.
63. Kitchen exhaust fans shall be installed/maintained in accordance with the California
Mechanical Code. A permit from the South Coast Air Quality Management District
shall be obtained for the control of smoke and odor.
64. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric
heaters are allowed if installed per their listing and the California Electrical or Plumbing
Code.
Public Works Conditions
65. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
05-26-2016