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HomeMy WebLinkAbout1882 - APPROVE CUP AND TS _ 4221 MACARTHUR BLVDRESOLUTION NO. 1882 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2012 -003, AND FINDING TRAFFIC STUDY NO. TS2012- 001 IN COMPLIANCE WITH THE TRAFFIC PHASING ORDINANCE TO ALLOW OFF -SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A 24 -HOUR CONVENIENCE STORE LOCATED AT 4221 MACARTHUR BOULEVARD (PA2012 -025) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ridgeway/Whitney, Partnership, with respect to property located at 4221 MacArthur Boulevard, and legally described as Parcel 1 of Portion of Lot 4 of Tract No. 7770, requesting approval of the following: a) A conditional use permit to allow the establishment of a 2,369 square -foot, 24- hour convenience store (7- Eleven) and off -sale alcoholic beverage outlet (beer and wine only). b) A revised traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) as the project, as originally approved, will generate in excess 300 average daily trips (ADT). 2. The revised project is consistent with the City Council approval of October 25, 2011 based on the following facts: a. The gross floor area remains at 12,351 square feet; b. The amount of transferred entitlement from from General Commercial Site 7 (Lexus Dealership at 3901 MacArthur Boulevard) remains at 400 square feet. c. The change in the proposed land use mix of general commercial area from 7,351 square feet to 9,100 square feet; reduced the food service use from 4,000 square feet to 1,417 square feet; and changed the take -out limited use from 1,000 to 1,834 square feet; d. The number of on -site parking spaces provided remains at 65 spaces, the approved parking waiver of 3 parking spaces remains in force; and e. The off -site parking for 16 spaces, located at the parking structure at 4106 Newport Place Drive, are maintained. 3. The subject property has zoning designation of General Commercial Site 8 of the Newport Place (PC -11) Planned Community Zoning District and the General Plan Land Use Element category is Mixed -Use Horizontal 2 (MU- 112). 4. The subject property is not located within the coastal zone. Planning Commission Resolution No. 1882 Page 2 of 16 5. A public hearing was held on July 5, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. 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. An Initial Study and Mitigated Negative Declaration (MND, MN2011 -001) were previously reviewed and adopted by the City Council in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3, on October 25, 2011. 2. On the basis of the entire environmental review record, the approved project is not affected by the revised Traffic Study No. 2012 -001, with the adopted mitigation measures unchanged, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. 3. The MND and Mitigation Monitoring and Report Program (MMRP) were adopted by the City Council and remain in full force. The document and all material, which constitute the record upon which this decision for recommendation was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California 92660. 4. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. 1. The subject property is located in Statistical Area L4 (Airport Area) and has a General Plan designation of Mixed -Use Horizontal 2 ( "MU -112 "). The MU -H2 designation provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The commercial development under construction and the proposed uses are ancillary and supportive to the existing nearby office and light industrial developments. 2. Chapter 15.40 (Traffic Phasing Ordinance, or TPO) of the Municipal Code requires that a traffic study be prepared and findings be made prior to issuance of building permits if a proposed project will generate in excess of 300 average daily trips (ADT). Planning Commission Resolution No. 1882 Page 3 of 16 For the purposes of preparing the revised traffic analysis for this project, the 12,351 - square -foot commercial development is assumed to include 1,834 square feet of fast - food uses (increase of 834 square feet), 1,417 square feet of high turn -over food uses (reduction of 2,583 square feet), and 9,100 square feet of general commercial uses (increase of 1,750 square feet). Combined, this land use mix is forecast to generate a net increase of 761 trips per day over the previous mix, including an additional 68 A.M. peak hour trips and 40 P.M. peak hour trips. This increase is attributed to the introduction of the proposed 7- Eleven convenience store (a high turn -over use); and the allocation /exchange of food service use (restaurant, a low turn -over use) to the take -out food service use (delicatessen, a higher turn -over use). Pursuant to Section 15.04.030.A, the project shall not be approved unless certain findings can be made. The following findings and facts in support of such findings are set forth: Finding: A. That a revised traffic study for the project has been prepared in compliance with this chapter and Appendix A. Facts in Support of Finding: A -1. A traffic study, entitled "4221 Dolphin Striker Project Traffic Impact Analysis (Revised)" dated April 16, 2012, was prepared by Kunzman Associated, Inc. under the supervision of the City Traffic Engineer and in compliance with the code requirements of Municipal Code Chapter 15.40 and Appendix A. Finding: B. That based on the weight of the evidence in the administrative record, including the traffic study, one of the findings for approval in subsection (B) can be made in conjunction with the change in the mix of commercial uses, which includes the introduction of a 24 -hour convenience store: 15.40.030.B.1 Construction of the project will be completed within 60 months of project approval; and 15.40.030.B.1(a) The project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection. Facts in Support of Finding: B -1. Construction of the project is anticipated to be completed in 2012. If the Project is not completed within sixty (60) months of this approval, preparation of a new traffic study will be required. Planning Commission Resolution No. 1882 Page 4 of 16 B -2. The revised traffic study indicates that based on the Traffic Analyses of the addendum, the revised project description and use allocations does not alter the findings or recommendations presented in the 4221 Dolphin Striker Traffic Analysis (May 31, 2011). B -3. Utilizing the Intersection Capacity Utilization (ICU) analysis specified by the Traffic Phasing Ordinance, the revised traffic study determined that the primary intersections identified will not be affected by the revised project as described will operate at LOS "C" or better during the AM and PM peak hours, and therefore no mitigation is required. B -4. Based on the weight of the evidence in the administrative record, including the revised traffic study, the implementation of the Project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach. Finding: C. That the project proponent has agreed to make or fund the improvements, or make the contributions, that are necessary to make the findings for approval and to comply with all conditions of approval. Facts in Support of Finding: C -1. Since implementation of the Project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection within the City of Newport Beach, no improvements or mitigations are necessary. 3. Pursuant to Section 15.40.030.6, the Planning Commission must make the following findings in order to approve the traffic study for the revised project that includes the 24- hour convenience store and off -sale alcoholic beverage outlet: Finding D. The phasing of development with circulation system improvements to accommodate project - generated traffic is important to maintaining the high quality of the residential and commercial neighborhoods in Newport Beach; Facts in Support of Finding: D -1. None of the 12 primary intersections evaluated in the traffic study will be adversely affected by the revised project or revised allocation of uses. Therefore, the phasing of the development is consistent with this finding since it will not require any additional circulation improvements. Planning Commission Resolution No. 1882 Page 5 of 16 Finding E. Traffic congestion caused by inadequate phasing of circulation improvements and development is harmful to the public health, safety and general welfare due to the potential for delays in emergency response, air quality impacts and an overall reduction in the quality of life. Facts in Support of Finding: E -1. The addition of the deceleration lane for traffic entering the project will prevent or alleviate any potential traffic congestion that may be caused by the proposed project. Therefore, the traffic study for the revised project is consistent with this finding because the public health, safety and general welfare will be protected from harm associated with any potential delay of response by emergency personnel, air quality impact and the overall quality of life. Findin F. While some development may be important to the continued vitality of the local economy, the City should continue to require mitigation of traffic impacts by project proponents to ensure the circulation system functions as planned, Facts in Support of Finding: F -1. The development as revised continues to be important to the vitality of the local economy and in particular the subject property and surrounding area. The traffic study indicates that the revised project does not raise any issues or traffic impacts that require mitigation measures. Therefore, the revised traffic study is consistent with this finding. Findinq G. Circulation system improvements should not alter the character of neighborhoods or result in the construction of streets and highways which expand the capacity of the roadway system beyond levels proposed in the circulation element; Facts in Support of Finding: G -1. The traffic study is consistent with this finding since the study has determined that no circulation system improvements are recommended in conjunction with the revised project, Planning Commission Resolution No. 1882 Paae 6 of 16 Finding H. This chapter is consistent with the authority of a public entity to ensure that project proponents make or fund improvements that increase the capacity of the circulation system to accommodate project generated traffic. (Ord. 99 -17 § 1 (part), 1999 Facts in Support of Finding: FI -1. The traffic study is consistent with this finding since the project proponent will contribute or make improvements that increase the capacity of the circulation system with the provision of the deceleration lane to accommodate vehicular traffic entering the project and that will also prevent the cuing of that traffic onto MacArthur Boulevard thereby maintaining or improving traffic circulation in the vicinity. 4. In accordance with Section 20.52.020.E of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit to allow the 24- hour convenience store and off -sale alcoholic beverage outlet are set forth: Finding I. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding 1 -1. The proposed commercial development and uses are consistent with MU -H2 General Plan land use designation. The Newport Place (PC -11) Planned Community Development Plan zoning designation of the subject property is General Commercial Site 8 which allows general commercial uses in addition to food service uses. 1 -2. The subject property is not part of a specific plan area. Finding J. 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 J -1. The retail sales use is consistent with the Newport Place Planned Community Zoning District, which is intended to provide for areas appropriate for a range of neighborhood- serving retail, professional offices and service uses. The addition of off -sale beer and wine sales is for the convenience of persons working in the area and traveling on MacArthur Boulevard. The beer and wine service is Planning Commission Resolution No. 1882 Page 7 of 16 allowed upon the approval of a use permit by the Planning Commission in this particular case, due to the required review and approval of the Traffic Study No. TS2012 -001 and the proposed late hours of the establishment. J -2. The proposed off -sale beer and wine sales is considered accessory to the retail use and not considered an intensification of use; therefore, there is no change in the parking requirement. J -3. The proposed conditions of approval ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible or eliminated. Finding K. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding K -1. The retail store is located within a highly - traveled commercial area that is occupied by a mixture of professional business offices, retail, service, and eating and drinking establishments. K -2. There are no nearby residential properties, the operational conditions of approval recommended by the Police Department relative to the sale of beer and wine will ensure compatibility with the surrounding uses and minimize related impacts. The project has been conditioned to ensure the welfare of the surrounding community so that the business remains a convenience market with no dining area and not a bar or tavern. K -3. The retail store is required to comply with the California Building Code and requirements of the Alcoholic Beverage Control Department to ensure the safety and welfare of customers and employees within the market. Findin L. 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; and Facts in Support of Finding L -1. The project site will be located within a multi- tenant commercial building currently under construction. L -2. Adequate public and emergency vehicle access, public services, and utilities are provided within the existing infrastructure. Planning Commission Resolution No. 1882 Paqe 8 of 16 L -3. The tenant improvement for the proposed retail store will be reviewed for compliance with all Building, Public Works, and Fire Codes, L -4. All ordinances of the City and all conditions of approval will be complied with. Finding M. 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, a safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding M -1. The project has been reviewed and subjected to 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 nuisance areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the retail store. M -2. As conditioned, the owners, managers and employees selling beer and wine shall undergo and successfully complete a certified training program in responsible methods and skills for selling beer and wine. M -3. The off -sale beer and wine with the restrictions on the size of beverage containers and exterior advertising will promote the retail aspect of the use and not the sale of alcoholic beverages. M -4. Since there are no residential uses nearby, the proposed 24 -hou1' operation is not anticipated to create any nuisance to the neighboring uses. 5. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a use permit to allow the 24 -hour convenience store and off -sale alcoholic beverage outlet are set forth: Finding N. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. Planning Commission Resolution No. 1882 Paae 9 of 16 Facts in Support of Finding N -1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The addition of beer and wine is intended for the convenience of patrons working in the area or traveling nearby. Operational conditions of approval recommended by the Police Department relative to the service of beer and wine will ensure compatibility with the surrounding uses and minimize related impacts. N -2. Due to the high concentration of commercial land uses, the calls for service, number of arrests, and crime rate are greater than adjacent residential Reporting Districts; however, the Newport Beach Police Department does not consider the number significant given the type of development within this Reporting District. N -3. The proposed use is not located in close proximity to day care centers, park and recreation facilities, places of religious assembly, and schools, or abutting any residential zoning district. The addition of a conditional Type 20 license is not considered or anticipated to be detrimental to the neighborhood. In accordance with the Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal, the Police Department has reviewed the use permit application and has added conditions to ensure that the design and security within the retail store are properly addressed. N -4. The use authorized by this permit is not a bar, tavern, cocktail lounge, nightclub or an establishment where live entertainment or dancing is provided. The City has experienced land use conflicts, nuisance issues, and issues requiring police intervention with these types of activities in the past. These uses or activities are prohibited in conjunction with this establishment. N -5. The retail store is located within a highly - traveled commercial area that is occupied by a mixture of professional business offices, retail, service, and eating and drinking establishments. N -6. The retail store is permitted in the Newport Place Planned Community Zoning District. The off -sale of beer and wine provides a public convenience by allowing beer and wine for sale in addition to the convenience store items offered for sale. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach does hereby find, on the basis of the whole record, that there is no substantial evidence that the revised project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects Planning Commission Resolution No. 1882 Paae 10 of 16 the Planning Commission's independent judgment and analysis and satisfies the CEQA requirements. 2. The proposed development complies with the Traffic Phasing Ordinance and Appendix A, based on the weight of the evidence in the administrative record, including Traffic Study No. TS2012 -001. 3. The Planning Commission of the City of Newport Beach does hereby approve Conditional Use Permit No. UP2012 -003, and Traffic Study No. TS2012 -001, subject to the conditions set forth in Exhibit A. PASSED, APPROVED AND ADOPTED THIS 5 1 DAY OF JULY, 2012. AYES: Brown, Kramer, Toerge, and Tucker NOES: Ameri, Hillgren, and Myers ABSTAIN: None ABSENT: None BY: Micha 1 Toerge, Charm n VB Fred Ameri, Secretary Planning Commission Resolution No. 1882 Page 11 of 16 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2012 -003 AND TRAFFIC STUDY NO. 2012 -001 4221 MACARTHUR BOULEVARD (PA2012 -025) (Project - specific conditions are in italics) PLANNING 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. Prior to final of the building permit for this use, completion of all applicable mitigation measures and standard conditions contained within the approved Mitigation Monitoring and Reporting Program of the adopted Mitigated Negative Declaration MN2011 -001, Transfer of Development Rights TD2010 -002, Conditional Use Permit No. UP2011- 101, Modification Permit No. MD2011 -014 (City Council Resolution N0. 2011 -101, Exhibit A) shall be completed for the project. Conditional Use Permit No. UP2012 -003 and Traffic Study No. TS2012 -001 shall expire unless exercised within 24 months from the elate of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 4. Required parking for this project has been determined based on documentation and G number of assumptions previously reviewed and adopted by City Council Resolution No. 2011 -101, on October25, 2011. 5. The hours of operation for the proposed convenience store use are 24- hours, daily. 6. All employees are required to park off -site at a parking structure located 4100 Newport Place Drive (4106 Newport Place Drive) at all times, except when the 16 project reserved spaces are occupied, unless otherwise approved by the Community Development Director and may require an amendment to this use permit. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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 Conditional Use Permit No. UP2012 -003. Planning Commission Resolution No. 1882 Page 12 of 16 9. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 10. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed development, uses, and/ 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. 11. 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. 12. 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. 13. 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. 14. 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). 15. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Conditional Use Permit. 16. Storage outside of the building or within the parking lot of the property shall be prohibited, with the exception of the required trash container enclosure. 17. All proposed signs shall be in conformance with the provisions of Chapter 20.42 of the Newport Beach Municipal Code (and /or any approved comprehensive sign program) and shall be approved by the City Traffic Engineer if located adjacent to the vehicular ingress and egress. 18. Lighting shall be in compliance with applicable standards of the Zoning Code. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public Planning Commission Resolution No. 1882 Page 13 of 16 nuisance. "Walpak" type fixtures are not permitted. Parking area lighting shall have zero cut -off fixtures. 19. The site shall not be excessively illuminated based on the outdoor lighting standards contained within Section 20.30.070 of the Zoning Code, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 20. Prior to the issuance of a building permit the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are "1" or less at all property lines. 21. Prior to issuance of the certificate of occupancy or final of building permits the applicant shall schedule an evening inspection by the Code Enforcement Division to confirm control of all lighting sources. 22. 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 Official and Public Works Director in conjunction with the approval of an alternate drainage plan. 23. 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 Newport Place Retail Center project including, but not limited to, Conditional Use Permit No. UP2012 -003, and revised Traffic Study No. TS2012 -001. 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 indernify 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 Conditions 24. Provide 2A10BC fire extinguishers inside the tenant space as required by the Fire Department during plan check. Planning Commission Resolution No. 1882 Paae 14 of 16 Police Department Conditions 25. In addition to compliance with the city sign code, 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. It is also recommended that the displays, shelving. Etc. be positioned in such a way that the clerk can be seen from outside the building. 26. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. 27. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 28. The Petitioner(s) for the ABC License shall post and maintain a professional quality signs facing the premises parking lot(s) that read as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST The signs shall be at least two feet square with two inch block lettering. The signs shall be in English and Spanish. 29. Beer, malt beverages, and wine coolers in containers of 16 oz or less cannot be sold by single container, but must be sold in manufacturers pre- packaged multi -unit quantities. 30. Wine shall not be sold in bottles or containers smaller than 750 ml. 31. No person under the age of 21 shall sell or deliver alcoholic beverages. 32. The Petitioner for the ABC license shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted on the approved plans. 33. No alcoholic beverages shall be sold between the hours of 2:00 a.m. and 6:00 a.m. Building Division Conditions 34. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City - adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Planning Commission Resolution No. 1882 Paqe 15 of 16 35. Exit access to rear exit shall comply with CBC 1014.2. 36. Access and entry to restrooms shall comply with CBC 1115.B.3.2, 1133.13.6, and 1133B.8.6, and any other applicable code requirements, unless other approved by the Building Official. Public Works Conditions 37. All improvements shall be constructed as required by Ordinance and the Public Works Department. 38. Reconstruct the existing broken and /or otherwise damaged concrete sidewalk panels and curb & gutter along the Dolphin- Striker Way and MacAithur Blvd frontage. 39. All on -site drainage shall comply with the latest City Water Quality requirements. 40. An encroachment permit is required for all work activities within the public right -of -way. 41. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right -of -way could be required at the discretion of the Public Works Inspector. 42. Parking spaces and drive aisles shall be per City Standards STD - 805 -L -A and STD - 805-L-B. 43. Parking layout and on -site circulation is subject to further review by the City Traffic Engineer. 44. Applicant is responsible for all upgrades to the City's utilities as required to fulfill the project's dernand, if applicable. 45. New and existing fire services shall be protected by a University of Southern California approved double check detector assembly and installed per STD - 517 -L, if required by the Fire Department. 46. New and existing commercial domestic water meter(s) shall be protected by a USC approved reduced pressure backflow assembly and installed per STD - 520 -L -A. 47. Landscaping lines shall be protected by a dedicated USC approved reduced pressure backflow assembly. 48. All traffic signage shall comply with the current California Manual of Uniform Traffic Control Devices. All traffic striping shall comply with the current CalTrans standard plans. Planning Commission Resolution No. 1882 Page 16 of 16 49. There is an existing OCSD easement along MacArthur Blvd. All encroachments, including the walkway and stair ramp, into the OCSD easement will require approval from OCSD. Provide a copy of the approval letter or permit. 50. That the time - restricted parking spaces shall be prohibited within the first four spaces located directly in front of the establishment and four spaces opposite and across the drive aisle; and in close proximity to the entry driveway, unless otherwise approved by the Traffic Engineer. The parking space locations shall be subject to further review and relocation if conflicts occur with vehicular traffic entering and exiting the project, and /or causes or contributes to the back -up of vehicular traffic in the entry driveway extending onto MacArthur Boulevard..