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HomeMy WebLinkAboutPC2021-023 - APPROVING MINOR USE PERMIT NO. UP2021-020 TO AMEND AND SUPERSEDE USE PERMIT NO. UP2017-025 ALLOWING A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AT AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISRESOLUTION NO. PC2021-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2021-020 TO AMEND AND SUPERSEDE USE PERMIT NO. UP2017-025 ALLOWING A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AT AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 3432 VIA OPORTO (PA2021-107) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bear Flag Restaurant Group (“Applicant”), with respect to property located at 3432 Via Oporto, and legally described as Lot 24 and the northwesterly half of Lot 23 in Tract 1622 in the City of Newport Beach, County of Orange (“Property”) requesting approval of a minor use permit. 2. The Applicant proposes to upgrade an existing Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (“ABC”) license to a Type-47 (On-Sale General – Eating Place) ABC License to serve an existing restaurant (“Project”). The existing food service, eating and drinking establishment (i.e., “restaurant”), Circle Hook, is currently open from 9 a.m. through 10 p.m., daily with both an indoor dining room and an outdoor dining patio area adjacent to the public access easement which runs along the marina. There are no changes to the hours of operation or the current floor plan and no physical alternations to the building proposed. If approved this Minor Use Permit would supersede Minor Use Permit. No. UP2017-025 (PA2017-189). 3. The Property is categorized MU-W2 (Mixed-Use Water 2) by the General Plan Land Use Element and is located within the MU-W2 (Mixed-Use Water) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is MU-W (Mixed-Use Water Related) and it is located within the MU-W2 (Mixed Use Water) Coastal Zone District. The Project is exempt from coastal development permitting requirements because, if approved, the proposal would only allow for an additional menu offering. There is no increase in floor area or building height or parking demand; therefore, there is no development nor is there any anticipated change in the intensity of the land use. 5. Pursuant to Table 5-1 in Section 20.50.020 (Authority for Land Use and Zoning Decisions) of the Newport Beach Municipal Code (“NBMC”), the review authority for a minor use permit is the Zoning Administrator. In this case, the Community Development Director referred the Project to the Planning Commission and is authorized to do so pursuant to footnote (3) of Table 5-1. Planning Commission Resolution No. PC2021-023 Page 2 of 14 6. A public hearing was held on August 19, 2021 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public 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 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Project does not include any interior or exterior alterations to the existing eating and drinking establishment. No increase of gross floor area or net public area would occur with the approval of the requested amendment. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. In accordance with Sections 20.48.030(C)(3) (Alcohol Sales, Permit Requirements, Required Findings) and Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding 1. In finding that the Project is consistent with Section 20.48.030 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. Planning Commission Resolution No. PC2021-023 Page 3 of 14 a. The Property is in an area the Newport Beach Police Department (NBPD) has designated as Reporting District 15 (RD 15). RD 15 stretches from 20th Street to 37th Street along the Newport Beach Peninsula. 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 ABC. Part One Crimes are the eight (8) most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 15 is considered a higher crime area, as compared to other reporting districts in the City. The RD 15 crime count is 540, which is 363 percent over the citywide crime count average of 140. The higher crime rate is largely due to the number of visitors to the Peninsula, the high concentration of restaurants, and the high ratio of non- residential to residential uses. In comparison, RD 13 (8th Street to 20th Street) is 30 percent over the citywide average, RD 12 (B Street to 8th Street) is 46 percent below the citywide average, and RD 16 (37th Street to 54th Street) is 25 percent over the citywide average. RD 13 and RD 16 are similar to RD 15 with regards to the high ratio of non-residential to residential uses whereas RD 12 contains a higher ratio of residential to commercial uses. b. The Property is located within the Lido Marina Village. The Lido Marina Village was designed to accommodate multiple restaurants near each other. Expanding the privileges of the current restaurant would provide additional menu options for customers and would enhance the economic viability of the business. There would be no added late hour operations resulting from this Project, as the current hours are not proposed to change. c. The NBPD has reviewed the proposal, provided operating conditions of approval incorporated into Exhibit “A” of this Resolution, and has no objection to the addition of the alcoholic beverage license subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan, no separate bar counter, and a closing hour of 11 p.m. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. a. RD 15 had a higher percentage of alcohol-related crimes in 2020, compared to all adjacent reporting districts; however, this is to be expected given that this figure includes driving under the influence, public intoxication, and liquor law violations, and the area is highly concentrated with commercial establishments. There has been one (1) dispatch event for the Property in 2021 thus far and no dispatch events occurred in 2020. The dispatch event in 2021 was for an injured animal and not due to over-service of alcohol or neglect in responsibility by the Applicant. 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. Planning Commission Resolution No. PC2021-023 Page 4 of 14 a. The Property is in a mixed-use district where residential development is permitted above the first floor. However, Lido Marina Village does not include any residential development and there are no current plans to add residential use to the shopping area. b. A mixed-use development that includes two (2) residential units is located approximately 375 feet to the south along Via Oporto. Residentially zoned properties are located approximately 430 feet to the west across Newport Boulevard. Additionally, multi-family residential development is located 625 feet northeast of the Property, across Newport Harbor. c. The nearest park, Lido Park, is located approximately 1125 feet to the southeast. The nearest church, St. James Episcopal Church, is located approximately 500 feet to the south of the Property along Via Lido, and substantially separated by commercial properties and the Lido Villas residential development. The nearest school, Newport Elementary School, is located approximately one (1) mile to the southeast along West Balboa Boulevard. The Property is not located close to any known daycare center. The Project is otherwise surrounded by other commercial retail and office uses. The existing restaurant has been in operation for more than three (3) years and has not created nuisances to neighboring uses. d. 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 has greater distance from sensitive land uses than other commercial areas. e. Eating and drinking establishments with incidental alcohol service are common in Lido Marina Village and the proposed ABC license in conjunction with an early closing hour is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. 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 iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption.The location of the project is within the Lido Marina Village which was designed to accommodate multiple restaurants. These include Nobu, a restaurant with late hours and a Type 47 On Sale-General ABC license, Malibu Farms, a restaurant with no late hours and a Type 47 On Sale-General ABC license, and Lido Bottle Works, a restaurant with late hours and both Type 41 On Sale- Beer and Wine and Type 20 Off Sale- Beer and Wine ABC licenses. The RD 15 statistics indicate an overconcentration of ABC licenses within this statistical area. b. The per capita ratio of one (1) license for every 69 residents is higher than all adjacent districts and the average citywide ratio. This is due to the higher concentration of commercial and visitor serving uses land uses with a lower number of residential properties. RD 15 includes Lido Marina Village, Cannery Village, and McFadden Square which are all locations that feature a high number of restaurants. Planning Commission Resolution No. PC2021-023 Page 5 of 14 Furthermore, there are additional ABC licenses attributed to adjacent marina operations including harbor tours and Duffy boat rentals. While the Project is in proximity to other establishments selling alcoholic beverages, staff believes the physical and operational characteristics of the establishment would make the continuation of alcoholic beverage sales appropriate at this location. Staff, including the NBPD, believes the expanded privileges requested, subject to the included conditions of approval, should not prove detrimental to the area considering the number and proximity of nearby establishments that serve alcohol. v. Whether or not the proposed amendment will resolve any current objectionable conditions. a. No objectionable conditions are presently occurring at the restaurant or retail site. b. Approving the Project will allow the existing restaurant to diversify its offerings as a convenience to its patrons. The NBPD acknowledges the addition of liquor to the existing restaurant is a new privilege, however, the Project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. Finding B. The use is consistent with the General Plan and any applicable specific plan. 1. The Mixed-Use Water Related (MU-W2) General Plan category 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. Although the Property and surrounding development do not include residential uses, the Project is consistent with the visitor-serving land uses intended for the MU-W2 category. 2. The Land Use Element of the General Plan has a goal for the Lido Marina Village to be “a pedestrian-oriented village environment that reflects its waterfront location, providing a mix of uses that serve visitors and local residents.” A restaurant with an outdoor dining patio is consistent with this goal and allowing an additional offering as a convenience to patrons will help to ensure the economic viability of the existing restaurant. 3. Land Use Element Policy LU 5.2.2 (Buffering Residential Areas) suggests that commercial uses adjoining residential neighborhoods should be designed to be compatible and minimize impacts to these uses. There is no dancing nor live entertainment proposed and the only music will be ambient or background music. 4. Consistent with the Coastal Land Use Plan, the Project will continue to provide public access via a public walkway along the waterfront with a minimum width of 6 feet along the bay. 5. The Circulation Element Goal 7.1 (Parking) of the General Plan is to ensure an adequate supply of convenient parking is available throughout the City, and Land Use Analysis Planning Commission Resolution No. PC2021-023 Page 6 of 14 provided by the Lido Marina Village Parking Demand Analysis and in accordance with the approved Parking Management Program (Conditional Use Permit No. UP2014-014) demonstrates that an adequate supply of parking will be provided based upon the shared use of parking within Lido Marina Village. The Project complies with the assumptions identified in Use Permit No. UP2014-014 (PA2014-002) for anticipated restaurant build-out of Lido Marina Village and no additional parking waivers are required. 6. The Property is not 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 MU-W2 Zoning District allows eating and drinking establishments subject to approval of a Minor Use Permit. 2. Circle Hook is an existing restaurant. It was found to be an allowable use and consistent with the NBMC through the approval of Minor Use Permit No. UP2017-025 (PA2017- 189). 3. NBMC Section 20.48.090(G)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The outdoor dining patio closing hour of 11 p.m., daily, will help minimize noise impacts to residents located across Newport Harbor. 4. Fact 3 in Support of Finding B incorporated by reference 5. The use and required parking are consistent with the Lido Marina Village Parking Management Program authorized under Use Permit No. UP2014-014 (PA2014-002). 6. No physical improvements are proposed as part of this project. The existing restaurant design is consistent with the Lido Marina Village Design Guidelines. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Planning Commission Resolution No. PC2021-023 Page 7 of 14 Facts in Support of Finding 1. The restaurant suite is improved with a kitchen, a small dining area, and a small outdoor dining area. There is an existing common restroom shared between first floor suites. The existing infrastructure is adequate to accommodate the existing restaurant. The location is compatible with other commercial uses in the area and serves as a key restaurant anchor within Lido Marina Village. The restaurant 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 Property is 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 number of walk-in patrons. No on-site parking is available for the 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 (Use Permit No. UP2014-014 [PA2014-002]). 3. The operational conditions of approval will continue to promote compatibility with the surrounding uses. The floor plan provides tables and counter areas to accommodate 20 interior seats and 10 outdoor dining patio seats. The hours of operation are limited to stagger and minimize 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 47 (On Sale General – Eating Place) ABC license so that the restaurant’s primary use is an eating and drinking establishment and not a bar, lounge, or night club. Live entertainment and dancing are not permitted. 4. The use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Section 20.30.070 (Outdoor Lighting) of the NBMC. 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 an existing restaurant within a multi-tenant commercial building. No physical improvements are proposed. The restaurant is compatible with the surrounding Lido Marina Village development. 2. Adequate public and emergency vehicle access, public services, and utilities are provided for on-site. Finding Planning Commission Resolution No. PC2021-023 Page 8 of 14 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 current restaurant has been in operation since 2018. Its operation has not proven detrimental to the surrounding uses. Adding additional alcoholic beverage options to the menu is not expected to change this, given the attached conditions of approval. 2. The restaurant with expanded privileges should have a positive impact on the area. The restaurant serves both the surrounding community and visitors to Newport Beach. It promotes economic activity within the Lido Marina Village and may promote further revitalization of its commercial properties. 3. The Project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds the Project is categorically 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 and none of the exceptions to the Class 1 exemption apply. 2. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2021-020, 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 NBMC. 4. This resolution supersedes Zoning Administrator Resolution No. ZA2017-090, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. Planning Commission Resolution No. PC2021-023 Page 9 of 14 PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF AUGUST 2021. AYES: NOES: ABSTAIN : ABSENT: Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand Ellmore BY:_~C--,,,~~~======,,::-,.,,.,__ Curtis Ellmore, Secretary Planning Commission Resolution No. PC2021-023 Page 10 of 14 EXHIBIT “A” CONDITIONS OF APPROVAL (project-specific conditions are shown in italics) Planning Division 1. Minor Use Permit No. UP2021-020 shall expire unless exercised with 24 months from the date of the approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC, unless an extension is otherwise granted. 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. This 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. 5. Any substantial 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 Use Permit or the processing of a new Use Permit. 6. Future alterations to the restaurant will be evaluated for compliance with City standards and respective codes, and if a building permit is required, will be during the plan check process. 7. The hours of operation for the restaurant (interior and exterior) shall be be limited between 9 a.m. to 11 p.m., daily. All customers must vacate the establishment no more than 30 minutes after closing. 8. The “net public area” shall not exceed 295 square feet for the interior of the subject restaurant facility. 9. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 129 square feet in area. Planning Commission Resolution No. PC2021-023 Page 11 of 14 10. 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. 11. 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. 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 12. 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. 13. No outside paging system shall be utilized in conjunction with this establishment. 14. 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. 15. 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. 16. 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. 17. 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 (Water and Sewers) of the NBMC, including all future amendments (including Water Quality related requirements). Planning Commission Resolution No. PC2021-023 Page 12 of 14 18. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 19. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 20. A special events permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the NBMC to require such permits. 21. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 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 Circle Hook Alcohol License Upgrade including, but not limited to, Minor Use Permit No. UP2021-020 (PA2021-107). 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 23. The approval is for an eating and drinking establishment with on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On-Sale General – Eating Place) license, in conjunction with the restaurant as the principal use of the facility. 24. All owners, managers, and employees must abide by all requirements and conditions of the Alcoholic Beverage License. 25. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for Planning Commission Resolution No. PC2021-023 Page 13 of 14 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. 26. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 27. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall always maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 28. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 29. There shall be no live entertainment or dancing allowed on the premises. 30. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 31. There shall be no reduced-price alcoholic beverage promotions after 9 p.m. 32. Food service from the regular menu shall be made available to patrons until closing. 33. 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. 34. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 35. “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). 36. Strict adherence to maximum occupancy limits is required. Planning Commission Resolution No. PC2021-023 Page 14 of 14 37. The Applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. 38. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 39. No off-sales of alcohol shall be permitted. Fire Department 40. A hood fire suppression system 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. Building Division 41. 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. Public Works Department 42. The 6-foot pedestrian easement along the bayfront shall always remain open and clear of all obstructions. This includes any signage, overhangs, coverings, or similar structures related to the restaurant and its outdoor dining area.