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HomeMy WebLinkAboutPC2022-009 - APPROVING CONDITIONAL USE PERMIT NO. UP2022-003 TO ALLOW A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITHOUT LATE HOURS, TYPE 41 (ON-SALE BEER AND WINE) ALCOHOL LICENSE, AND PARKING WAIVER AT 1501 WESTCLIFF DRIVE (PA2022-018)RESOLUTION NO. PC2022-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. UP2022-003 TO ALLOW A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITHOUT LATE HOURS, TYPE 41 (ON-SALE BEER AND WINE) ALCOHOL LICENSE, AND PARKING WAIVER AT 1501 WESTCLIFF DRIVE (PA2022-018) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by DMP Properties (“Applicant”) with respect to property located at 1501 Westcliff Drive, and legally described as a portion of Lot 8, Tract 4225 in the City of Newport Beach as shown on a map recorded in Book 153, pages 23 and 24 of Miscellaneous Maps (“Property”). 2. The Applicant proposes a conditional use permit to establish a 3,584-square foot retail and food service, no late hours with a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage Control (“ABC”) license within a vacant tenant space previously occupied by a retail bank (“Project”). The Project will include 530 square feet of interior net public area and a 1,200- square-foot outdoor patio area. There are no late hours (after 11:00 p.m.) and no dancing or live entertainment area proposed. The application also includes a request to reduce the code required parking by 20 parking spaces. 3. The Property is located within the Mixed-Use Dover/Westcliff (MU-DW) Zoning District and the General Plan Land Use Element category is Mixed Use Horizontal 1 (MU-H1). 4. A public hearing was held on May 12, 2022, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. 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 Newport Beach Municipal Code (“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 15303 under Class 3 (New Construction or Conversion of Small Structures) 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 3 (New Construction or Conversion of Small Structures) exemption includes construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion Planning Commission Resolution No. PC2022-009 Page 2 of 14 of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. In urbanized areas, this exemption includes a store, motel, office, restaurant or similar structure not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. 3. The Project involves the establishment of a 3,584-square-foot eating and drinking establishment with a 1,200-square-foot outdoor dining patio within an urbanized area where all necessary public services and facilities are available. Therefore, the use qualifies for a categorical exemption. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030 (Alcohol Sales) of the NBMC, 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 NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding 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. Reporting District Part One Crimes (Serious offenses) Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people)0F1 RD No. 28 140 157 2852 RD No. 25 68 109 1884 RD No. 26 51 132 1820 RD No. 29 36 48 1225 Newport Beach 1,877 3,454 3060 The Part One Crimes Rate in Reporting District 28 (RD 28) is higher than the Part One Crimes Rate for the City and adjacent districts. The higher crime rate is largely due to burglary or theft from automobiles. Driving Under Influence (DUI), Public Intoxication and liquor law violations 1 Crimes rate data to be provided by the Police Department prior to the Planning Commission hearing. Police has reviewed the crimes and data and confirmed their recommendation as provided in the Police Department memorandum. Planning Commission Resolution No. PC2022-009 Page 3 of 14 make up 15 percent of arrests in RD 28. In comparison, the figure for neighboring RD 25 is 26 percent, RD 26 is 17 percent and RD 29 is 10 percent. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Reporting District DUI/Drunk Arrests Total Arrests Calls for Service1F2 RD No. 28 16 107 3,096 RD No. 25 27 105 3,210 RD No. 26 17 127 3,032 RD No. 29 4 39 1,837 Newport Beach 476 3,402 94,915 Alcohol-related calls for service, crimes, or arrests in RD 28 make up 15 percent of arrests in this reporting district. This is higher than neighboring RD29 (10 percent) and lower than neighboring RD 25 (26 percent) and RD 26 (17 percent). Based on the operational characteristics of the proposed use, the NBPD has reviewed the proposal and has no objection. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. The establishment is located within RD 28, which includes a mix of commercial, multi-family residential, and Mariners’ Elementary school. The nearest recreational facility and nearest church, Bob Henry Park and the Church of Latter-day Saints, are located approximately two- tenths of a mile south of the project site near Dover Drive and 16th Street. A YMCA day care center is located on the Mariners Elementary School campus. The draft resolution includes conditions of approval to 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. Reporting District Active On-Sale ABC License Per Capita RD No. 28 8 1 per 837 residents RD No. 25 19 1 per 251 residents RD No. 26 42 1 per 99 residents RD No. 29 25 1 per 248 residents County-wide 4,875 1 per 654 residents 1. There are eight establishments selling alcoholic beverages within the area, including four small food service establishments (Café Gratitude, Olea, Haute Cakes and Café Sakara) within a few hundred feet of the Project. The nearby Westcliff Shopping Center includes Ralphs, CVS, Pandora Bakery and The Chicken Shop, which also have ABC licenses. 2 Calls for service data to be provided by the Police Department prior to the Planning Commission hearing. Police has reviewed the alcohol-related data and confirmed their recommendation as provided in the Police Department memorandum. Planning Commission Resolution No. PC2022-009 Page 4 of 14 2. The project site is located within census tract 630.1. This census tract has an approximate population of 6,698 residents with 8 active on-sale alcohol licenses, a per capita ratio of 1 license for every 837 residents. This is approximately 22 percent lower than Orange County which has a per capita ratio of 1 license for every 654 residents. The lack of undue concentration in the area and proposed operational characteristics of the Project would make the on-sale service of alcoholic beverages appropriate. Conditional Use Permit Pursuant to Section 20.22.020 (Mixed-Use Zoning Districts, Land Uses and Permit Requirements) of the NBMC, a conditional use permit is required to establish a food service use including on-sale alcohol sales within 500 feet of a residential district. Additionally, pursuant to Section 20.40.110(B) (Adjustments to Off-Street Parking Requirements, Reduction of Required Off-Street Parking), a conditional use permit is required to reduce the Code required parking. In accordance with 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 B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding 1. The General Plan designates the Property as Mixed-Use Horizontal (MU-H1), a land use designation intended for a horizontal intermixing of uses that may include professional offices or mixed-use buildings that integrate residential with retail, service or office uses on the ground floor in accordance with the CM, CG, CN, RM, CV, CO and MU-V designations respectively. The Project will provide a retail service and convenient daytime food service dining option for surrounding office employees and visitors, and neighborhood residents. The Project is consistent with the General Plan Designation. 2. The Property is not part of a specific plan area, therefore no findings of consistency with a specific plan are necessary. 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. Fact in Support of Finding 1. The Property is zoned Mixed-Use Dover/Westcliff (MU-DW), which allows a mix of residential and commercial uses as specified in Table 2-8 of Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) of the NBMC. A food service use including on-sale alcohol sales within 500 feet of a residential district is a Planning Commission Resolution No. PC2022-009 Page 5 of 14 conditionally permitted land use within the Mixed-Use Dover/Westcliff (MU-DW) zoning district. Accessory off-sale alcohol sales associated with the retail component of the business is permitted in conjunction with the Type 41 (On-Sale Beer and Wine) ABC license. 2. Based on Title 20’s requirement to provide one parking space per 40 square feet of net public area (1,598 square feet) and one parking space per 250 square feet of retail space (670 square feet), 43 parking spaces are required for the Project. A total of 190 parking spaces are required for all on-site uses (currently professional office and medical office) including the Project. The existing shared parking lot provides 170 parking spaces, therefore a 20-space reduction of Title 20’s required parking in accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC is required. 3. As conditioned, the Project will comply with Title 20 of the NBMC standards for food service businesses. No late hours of operation (after 11:00 p.m.) are proposed. 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 operational conditions of approval will promote compatibility with surrounding land uses. The business emphasizes casual dining and to-go orders via online mobile apps. Customers opting to eat on-site will place orders at the service counter and self-seat either inside or in the adjacent outdoor patio area. Beer and wine alcohol service would be provided as an additional amenity and menu item for the restaurant. 2. The business shall be limited to 530 square feet of interior seating area and 1,200 square feet of exterior patio seating area. The outdoor patio area is existing and does not eliminate parking or pedestrian access. 3. The business will operate between the hours of 8:00 a.m. and 10:00 p.m. daily, consistent with the surrounding commercial uses. No late hours (after 11:00 p.m.), dancing or live entertainment are proposed. 4. The retail component of the business features a wide variety of coffee, bakery, and wine-related products, as well as pre-packaged take-away items. This retail component includes an off-sale alcohol component under the Type 41 ABC license. 5. The Project 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 Planning Commission Resolution No. PC2022-009 Page 6 of 14 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 is located within an existing commercial office/medical office building and the tenant space will be improved for a retail and food service business. The design, size, location, and operational characteristics of the Project are compatible with the surrounding development in the Dover-Westcliff area. There are other food service uses currently located along Westcliff Drive and the proposed food service will be compatible with those existing operations and surrounding residential neighborhoods. 2. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will require approval by the Orange County Health Department. 3. Adequate public and emergency vehicle access, public services, and utilities exist for the existing development. Access is provided by Westcliff Drive and Sherington Place. All utilities presently exist in the vicinity. 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 commercial building should have a positive impact on the area. Improvements are designed to enhance the aesthetics and viability of an existing underutilized office space. The business will provide a convenient retail and dining option for on-site office employees, visitors, and nearby residents. 2. The Project includes conditions of approval to ensure that any potential conflicts with the surrounding land uses are minimized to the greatest extent possible. 3. Retail sale of alcohol is permitted within this zoning district. The addition of a Type 41 (On-sale Beer and Wine) ABC License is intended for the convenience and enjoyment of those customers opting to dine on-site. 4. The Project will operate with similar hours as the surrounding commercial uses. No late hours (after 11:00 p.m.), dancing or live entertainment are allowed. Off-Street Parking Reduction Planning Commission Resolution No. PC2022-009 Page 7 of 14 In accordance with Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC, off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) as follows: Finding: A. The Applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk-in trade, mixed-use development). Facts in Support of Finding: 1. Section 20.40.110(B) (Adjustments to Off-Street Parking Requirements, Reduction of Required Off-Street Parking) of the NBMC allows off-street parking requirements to be reduced with the approval of a conditional use permit when sufficient data has been provided demonstrating that parking demand will be less than the required number of spaces and a parking management plan is prepared in compliance with NBMC Section 20.40.110(C) (Adjustments to Off-Street Parking Requirements, Parking Management Plan). In this case, the Applicant has provided a parking analysis in support of the parking waiver request, prepared by RK Engineering Group, Inc. dated January 14, 2022. 2. The parking analysis evaluated the square footage of the commercial center, existing and potential tenancies, number of existing onsite parking spaces and applicable City parking requirements. Based upon a full-occupancy scenario, including the proposed café and market, a total of 190 spaces are required. A total of 170 onsite spaces are provided, resulting in a parking code deficiency of 20 spaces. Due to this deficiency, a manual parking survey was undertaken to determine if the existing on-site parking is adequate to serve the proposed business assuming 100 percent occupancy of the center. The parking survey was conducted between the hours of 7:00 a.m. and 8:00 p.m. on a weekday (Thursday, November 5, 2021) and on a weekend day (Saturday, November 7, 2021). The survey was conducted by an independent third party (Counts Unlimited, Inc.) during the normal operating hours of the businesses on-site. On the weekday, peak parking demand occurred at 12:00 p.m. with 116 vehicles parked onsite. On the weekend, peak parking demand also occurred at 12:00 p.m. with 54 vehicles parked on-site. Based on the results of the survey, the parking analysis determined the number of on-site parking spaces is sufficient to support the proposed business. 3. the café and market will serve customers from other on-site businesses, providing a convenient retail service and daytime dining option for surrounding office employees and visitors, as well as neighborhood residents. During the peak weekday lunch hour, some customers will likely already be on-site and not generate additional parking demand. Weekend parking should not be an issue if customers drive to the site because most on-site uses operate during daytime hours Monday through Friday. Planning Commission Resolution No. PC2022-009 Page 9 of 14 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. The hours of operation for the café and market (interior and exterior) shall be limited to 8:00 a.m. to 10:00 p.m., daily. 5. The “net public area” shall not exceed 530 square feet for the interior of the subject restaurant facility. 6. The outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining area shall be limited to 1,200 square feet in area. 7. Appropriate barriers shall be placed between the outdoor dining area and common dining and pedestrian areas. Barriers shall serve only to define the areas and shall not constitute a permanent all-weather enclosure. 8. There shall be no dancing allowed on the premises. 9. Live entertainment shall not be permitted unless an amendment to this use permit is approved and the operator has obtained a live entertainment permit from the Revenue Division. 10. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 11. This 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 to constitute a public nuisance. Planning Commission Resolution No. PC2022-009 Page 10 of 14 12. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 13. Prior to the issuance of building permits, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 14. 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. 15. 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. 16. Should the Property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 17. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) 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 Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays or Holidays. 18. No outside paging system shall be utilized in conjunction with this establishment. 19. 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. 20. 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. 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. 22. The owner/operator 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 Commission Resolution No. PC2022-009 Page 11 of 14 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). 23. Deliveries and refuse collection for the facility shall be prohibited 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, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 24. 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. 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. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 27. 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 Juliette’s Café and Market including, but not limited to, Conditional Use Permit No. UP2022-003 (PA2022-018). 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. Fire Department 28. Fire sprinklers shall not be required as long as the occupancy is under 100 persons. 29. If the patio is covered, the occupancy of both the indoor and outdoor dining area shall require fire sprinklers. Planning Commission Resolution No. PC2022-009 Page 12 of 14 Building Division 30. 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 a retail and eating & drinking establishment. The construction plans must comply with the most recent, City-adopted version of the Building Code (2019 California Code Edition). 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. 31. Approval from the Orange County Health Department is required prior to issuance of a building permit. 32. Restrooms shall be fully accessible. 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. 33. A grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 34. 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. 35. Prior to plan check submittal, the Applicant may schedule a preliminary code review with Building Division to identify and address major code issues prior to submitting for plan check. A full building code, accessibility, and structural review will be performed at the time of plan review submittal. 36. Prior to plan check submittal, the applicant shall provide full building code analysis on occupancy, type of construction, actual/allowable floor area, actual/allowable height, number of stories, sprinkler system, etc. Record shows existing building is a Type V-A construction. 37. Prior to the issuance of building permits, the applicant shall provide a full egress analysis plan. 38. Prior to the issuance of building permits, the applicant shall provide plumbing fixture counts analysis for restaurant use. 39. Prior to the issuance of building permits, provide accessible path of travel from accessible van parking and the public sidewalk to the entrances of the subject suite and its nearest restrooms. Planning Commission Resolution No. PC2022-009 Page 13 of 14 40. Prior to the issuance of building permits, occupancy separation may be required between restaurant (A occupancy) and general offices/retail (B and M Occupancy). 41. Automatic fire sprinkler system is required when restaurant has occupant load of 100 or more, or fire area exceeds 5,000 square feet (CBC Section 903.2.1.2.). Current record shows building is not sprinklered. Police Department 42. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer and Wine). Any substantial change in the ABC license type shall require subsequent review and potential amendment of the Use Permit. 43. The owner/operator shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 44. 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 within 60 days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days of approval. 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. 45. The eating and drinking establishment shall close no later than 10:00 p.m. 46. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 47. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 48. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 49. There shall be no live entertainment or dancing allowed on the premises. 50. Petitioner shall not share any profits or pay any percentage or commission to a 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 Planning Commission Resolution No. PC2022-009 Page 14 of 14 person based upon money collected as a door charge, cover charge or any other form off admission charge is prohibited. 51. 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. 52. “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). 53. Strict adherence to maximum occupancy limits is required. 54. 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. 55. 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.