HomeMy WebLinkAbout2011-99 - 111 Approve UP2011-012 for Eating & Drinking Establishment at 111 Palm Street (PA2011-062)RESOLUTION NO. 2011 -99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. UP2011 -012
FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED
AT 111 PALM STREET (PA2011 -062)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Lone Oak Newport, LLC, with respect to property located at
111 Palm Street, and legally described as Lot 7 and 8, Block 6, Tract 104, Balboa Tract,
shown as Parcel 1 of Resub. 713, PM- 189_17 -18 requesting approval of a use permit.
2. The applicant proposes a conditional use permit to allow an eating and drinking
establishment with late hours, an outdoor dining patio, a second floor office area, and
a Type 47 (On -Sale General) alcoholic beverage license. The requested hours of
operation are from 6:00 a.m. to 12:00 midnight, Sunday through Thursday, and 6:00
a.m. to 1:00 a.m., Friday and Saturday. The requested hours of operation for the
outdoor dining patio are from 6:00 a.m. to 10:00 p.m., Sunday through Thursday, and
6:00 a.m. to 11:00 p.m., Friday and Saturday. Conditional use permit approval is also
necessary to reduce the required 32 additional parking spaces through the approval of
a parking management program because the subject property does not provide on -site
parking.
3. The subject property is located within the Mixed -Use Vertical (MU -V) Zoning District and
the General Plan Land Use Element category is Mixed -Use Vertical (MUAV .
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed -Use Vertical (MU -V).
5. A public hearing was held on July 7, 2011 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.
6. On July 14, 2011, the Planning Commission's decision to approve Use Permit No.
UP2010 -036 was appealed by Ms. Terry A. Jones, attorney at law. The appeal was filed
to review parking in the immediate area, noise and traffic at late hours, whether an
additional alcohol license would contribute to a public nuisance, the crime rate, the lack
of a known operator for the subject property, the need for an appraiser to determine the
highest and best use for the property, the need for an explanation of the profitability of
the building as a restaurant, and the proximity of residential units to the subject property.
7. The City Council held a public hearing on October 25, 2011, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. The City Council
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considered evidence, both written and oral presented at this meeting. 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 City Council at this meeting.
8. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo,"
meaning that it is a new hearing and the decision being appealed has no force or
effect as of the date the call for review was filed.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. The Class 1 exemption includes the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use. The proposed project involves the reestablishment of a restaurant with an
accessory outdoor dining patio and office within an existing structure. Therefore, the
interior use, outdoor dining patio, and office qualify for a categorical exemption under
Class 1.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales), the City Council must make the
following finding for approval of a new alcoholic beverage license:
Finding:
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of
the Zoning Code.
Facts in Support of Finding:
A -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. Alcohol service is intended for
the convenience of customers dining at the restaurant. Operational conditions of
approval recommended by the Police Department relative to the sale of alcoholic
beverages including an Operator License will ensure compatibility with the surrounding
uses and minimize alcohol related impacts.
A -2. The subject property is located in an area with a significant variety of land uses
including commercial, retail, residential, and coastal resources. The business hours,
operational characteristics, and floor plan have been limited so as to maintain the
compatibility of the proposed use with surrounding land uses.
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In accordance with Section 20.52.050.F (Use Permit, Required Findings) of the Newport
Beach Municipal Code, the following findings and facts in support of such findings are set
forth:
Finding:
B. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
B -1. The General Plan land use designation for this site is MU -V (Mixed -Use Vertical). The
MU -V designation is intended to provide for the development of properties for mixed -
use structures that vertically integrate housing with retail uses including retail, office,
restaurant, and similar nonresidential uses. For mixed -use structures, commercial
uses characterized by noise, vibration, odors, or other activities that would adversely
impact on -site residential units are prohibited. Sites may also be developed exclusively
for retail or office uses in accordance with the CN, CC, CG, or CO -G designations. The
proposed eating and drinking establishment, which is the sole occupant of the subject
property is consistent with these land use designations. Restaurant uses can be
expected to be found in this area and similar locations and are complementary to the
surrounding commercial and residential uses.
B -2. Inasmuch as the proposed application will not result in an increase in the floor area ratio,
the project is consistent with the Land Use element. Land Use Policy LU6.13.5
(Rebuilding of Non - Conforming Structures) of the General Plan states that one of the
goals for the Balboa Village district is to allow existing nonconforming structures to
remain, `Permit existing commercial buildings that exceed the permitted development
intensities to be renovated, upgraded, or reconstructed to their preexisting intensity and,
at a minimum, number of parking spaces." The project is consistent with this policy and
would allow for the reuse of the existing building, thus maintaining the character of the
district.
B -3. Eating and drinking establishments are common in the vicinity along the Balboa
Peninsula and are frequented by visitors and residents alike. The establishment is
compatible with the land uses permitted within the surrounding neighborhood. The
new establishment will improve and revitalize the existing retail building and the
surrounding neighborhood.
B -4. The subject 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 the Zoning Code and the Municipal Code.
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Facts in Support of Finding:
C -1. The site is located in the MU -V (Mixed -Use Vertical) Zoning District. The MU -V zoning
district is intended to provide for areas appropriate for the development of mixed -use
structures that vertically integrate residential dwelling units above the ground floor with
retail uses including office, restaurant, retail, and similar nonresidential uses located
on the ground floor or above. The proposed eating and drinking establishment with
alcohol service, an outdoor patio, and a second floor office is consistent with land uses
permitted by the MU -V Zoning District.
C -2. The subject property does not provide on -site parking but the proposed use is
identified as a short-term objective for this particular intersection within Balboa Village
to provide a focal point for entry into the district. The payment of annual parking
passes for all employees of the establishment will help off -set the costs of providing
public parking for multiple uses in the district and create revenue for the maintenance
and creation of additional parking for the district.
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:
D -1. The operation of the restaurant will be restricted to the hours between 10:00 a.m. and
12:00 midnight, daily. The closing hour varies from other late night restaurants and bars
in the area and this will assist the Police Department with control over public areas in the
district during the late night hours.
D -2. A restaurant has been operated in this location from 1962 to 1998 pursuant to Use
Permit No. 876 and Use Permit No. UP2045.
D -3. The floor plan provides a bar area with counter space, 11 bar stools, and alcohol
service. Tables are provided to accommodate 72 seats indoors and 28 seats on the
outdoor dining patio. Live entertainment and dancing are not proposed and no on -site
parking is provided at the subject property. The commercial building is previously
developed with the infrastructure to accommodate a restaurant use.
D -4. The project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. Although the restaurant is located
approximately 10 feet from residential properties across the alley to the south, the
building is oriented toward Balboa Boulevard and Palm Street away from the nearby
residences. The use permit has been conditioned to require the outdoor patio area to
be closed by 10:00 p.m., daily, to reduce noise impacts to nearby residents.
Restaurant activity will be shielded from the residential uses to the south, west, and
across East Balboa Boulevard. The applicant is also required to control trash and litter
around the subject property.
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D -5. The operational conditions of approval recommended by the Police Department
relative to the sale of alcoholic beverages, including an Operator License, will ensure
compatibility with the surrounding uses and minimize alcohol related impacts. The
project has been conditioned to ensure the welfare of the surrounding community so that
the business remains a restaurant and does not become a bar or nightclub as defined by
the Zoning Code.
D -5. The applicant is required to install a grease interceptor, provide a wash -out area that
drains to the sewer line, obtain Health Department approval prior to opening for business,
and comply with the California Building Code to ensure the safety and welfare of
customers and employees within the establishment.
D -6. The subject property is located in a relatively dense village area with multiple uses
within a short distance of each other. The Balboa Village district is conducive to a
significant amount of walk -in patrons. The area experiences parking problems in the
day time during the summer months. Two municipal parking lots and on- street parking is
available in the Balboa Village district to accommodate the proposed use in the off-
season months. The payment of annual parking passes for all employees will help to
alleviate added costs for maintenance and demand on the Balboa Pier Main Lot.
Findin :
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:
E -1. The project site is located within an existing commercial building and the tenant space
is designed and developed for an eating and drinking establishment. The design, size,
location, and operating characteristics of the use are compatible with the surrounding
neighborhood. The existing tenant space on the subject property has historically been
utilized as a restaurant.
E -2. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Any additional utilities upgrades required for the
change in occupancy will be required at plan check and have been included in the
conditions of approval.
E -3. The tenant improvements to the project site will comply with all Building, Public Works,
and Fire Codes. All ordinances of the City and all conditions of approval will be
complied with.
E-4. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
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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:
F -1. The project has been reviewed and 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 in parking areas, sidewalks and areas
surrounding the subject property and adjacent properties during business hours, if
directly related to the patrons of the establishment. The closing hours for the outdoor
dining patio will limit the exterior noise to the surrounding residents.
F -2. The eating and drinking establishment will serve the surrounding residential
community. The proposed establishment will provide dining services as a public
convenience to the surrounding neighborhood. This will revitalize the project site and
provide an economic opportunity for the property owner to update the tenant and
service, which best serve the quality of life for the surrounding residential community.
F -3. The proposed use is located in a district which is subject to a captive market that
results in shared trips, different peak periods for a variety of land uses, and a high
level of pedestrian and bicycle activity. These characteristics reduce the demand of
the proposed eating and drinking establishment and the number of parking spaces
required to serve the proposed use. Adequate parking is provided in the nearby
municipal lots in the off - season months and summer weekdays to accommodate the
proposed use.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Newport Beach does hereby approve Use Permit No.
UP2011 -012 subject to the conditions contained in Exhibit "A," which is attached hereto
and incorporated by reference.
2. This action shall take effect immediately upon its adoption by the City Council, and the
City Clerk shall certify the vote adopting the resolution.
3. This resolution was approved, passed, and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 25th day of October, 2011.
ATTEST:
D\4 /vw`
CITY CLERK
SAY• 7
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval.)
2. Use Permit No. UP2011 -012 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
5. [deleted]
6. 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.
7. 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.
8. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
9. Prior to the issuance of a building permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Division.
10. A copy of this approval letter shall be incorporated into the Building Division and field
sets of plans prior to issuance of the building permits.
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11. Prior to issuance of building permits, the applicant shall submit to the Planning Division
an additional copy of the approved architectural plans for inclusion in the Modification
Permit file. The plans shall be identical to those approved by all City departments for
building permit issuance. The approved copy shall include architectural sheets only
and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately
depict the elements approved by this Modification Permit and shall highlight the
approved elements such that they are readily discernible from other elements of the
plans.
12. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the
change from general commercial to restaurant use in accordance with Chapter 15.38 of
the Newport Beach Municipal Code. The applicant shall be credited for the reduction in
general commercial square footage and the remaining balance shall be charged or
credited to the applicant.
13. The applicant or operator of the facility shall purchase parking pen-nits for all employees
on an annual basis for the Balboa Pier Main Lot, and shall direct employees to park in
said parking lot..
14. rdeleted
15. The hours of operation for the interior of the restaurant shall be limited between 6:00
a.m. and 12:00 midnight, daily. The hours of operation for the outdoor dining patio
shall be limited between 6:00 a.m, and 10:00 p.m., daily.
16. That the "net public area" of the restaurant shall not exceed 2,040 square feet for the
interior of the subject restaurant facility. A maximum of 83 seats shall be provided
within the interior of the establishment.
17. The accessory outdoor dining shall be used only in conjunction with the related adjacent
establishment. The outdoor dining patio shall be limited to 600 square feet in area and
provide seating for 28 persons maximum.
18. The seating and dining in the outdoor area shall be limited to dining table height
(approximately 30 inches) and table surface area of 24 inches by 30 inches minimum.
The use of elevated counters, tables, and barstools are prohibited in the outdoor dining
area.
19. The height of the boundary wall of the accessory outdoor dining area shall be marked
on the approved plans. Fences, walls, or similar barriers shall serve only to define the
outdoor dining area and not constitute a permanent all weather enclosure.
20. The installation of roof coverings in addition to the proposed fabric awning shall not
have the effect of creating a permanent enclosure. The use of umbrellas for shade
purposes shall be permitted. The use of any other type of overhead covering shall be
subject to review and approval by the Community Development Director and may
require an amendment to this permit.
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21. The material and color of any awning or umbrella located on the outdoor dining /patio
areas shall be subject to review and approval by the Planning Division. No form of
advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor
patio dining areas. The outdoor patio dining areas, including any awning or umbrella,
shall be maintained in a clean orderly condition at all times.
22. 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.
23. All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.67 of the Newport Beach
Municipal Code.
24. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to
advertise the restaurant facility. Temporary signs shall be prohibited in the public right -
of -way unless otherwise approved by the Public Works Department in conjunction with
the issuance of an encroachment permit or encroachment agreement.
25. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting).
The Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
26. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code. Pre - recorded music may be
played in the tenant space, provided exterior noise levels outlined below are not
exceeded. The noise generated by the proposed use shall comply with the provisions
of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be
limited to no more than depicted below for the specified time period unless the ambient
noise level is higher:
Between the hours of
7:00 a.m. and 10:00 p.m.
Between the hours of
10:00 p.m. and 7:00 a.m.
interior
exterior
interior
exterior
Measured at the property line of
commercially zoned property:
N/A
65 dBA
N/A
60 dBA
Measured at the property line of
residentially zoned property:
N/A
60 dBA
N/A
50 dBA
Residential property:
45 dBA
55 dBA
40 dBA
50 dBA
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27. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the restaurant facility.
28. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, which restricts hours of noise - generating construction activities that
produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through
Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays.
29. All trash shall be stored within the building, except when placed for pick -up by refuse
collection agencies. The applicant shall ensure that the trash dumpsters and /or
receptacles are maintained to control odors. This may include the provision of either
fully self - contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Division. Cleaning and maintenance of trash dumpsters
shall be done in compliance with the provisions of Title 14, including all future
amendments (including Water Quality related requirements).
30. Trash receptacles for patrons shall be conveniently located inside of the
establishment. The exterior of the business shall be maintained free of litter and graffiti at
all times. The owner or operator shall provide for daily removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
31. Prior to final of the building permits, the applicant shall prepare and submit a practical
program for controlling litter, spills, and stains resulting from the use on the site and
adjacent areas to the Planning Division for review. The building permit shall not be
finaled and use cannot be implemented until that program is approved. The program
shall include a detailed time frame for the policing and cleanup of the public sidewalk
and right -of -way in front of the subject property as well as the adjacent public right -of-
way (25 feet north and south of the subject property) not just in front of the subject
tenant space. Failure to comply with that program shall be considered a violation of the
use permit and shall be subject to administrative remedy in accordance with Chapter
1.05 of the Newport Beach Municipal Code that includes issuance of a citation of
violation and monetary fines.
32. 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 Use Permit.
33. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the trash container on pick -up days.
34. 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
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or indirectly) to City's approval of the Restaurant Conditional Use Permit including, but
not limited to, the Use Permit No. UP2011 -012. 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 Conditions
35. The approval is only for the establishment of an eating and drinking establishment as
defined by Title 20 of the Municipal Code, with the principal purpose for the sale or
service of food and beverages with sale and service of alcoholic beverages incidental to
the food use.
36. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 47 (On -Sale General) in conjunction with the service
of food as the principal use of the facility. Any upgrade in the alcoholic beverage
license shall be subject to the approval of an amendment to this application and may
require the approval of the Planning Commission.
37. The operator of the establishment shall secure and maintain an Operator License
pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be
permitted to operate beyond the hours of 12:00 a.m.
38. The Operator License required to be obtained pursuant to Chapter 5.25 of the Municipal
Code, may be subject to additional and /or more restrictive conditions such as a security
plan to regulate and control potential late -hour nuisances associated with the operation of
the establishment.
39. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Newport Beach Municipal Code.
40. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
41. Food service from the regular menu shall be available to patrons up to thirty (30)
minutes before the scheduled closing time.
42. Food from the full service menu must be made available during any "happy hour' type
of reduced price alcoholic beverage promotion. There shall be no reduced price
alcoholic beverage promotion after 9:00 p.m.
43. There shall be no live entertainment or dancing allowed on the premises.
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44. 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.
45. 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.
46. 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.
47. There shall be no on -site radio, televisions, 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.
48. No games or contests requiring or involving the consumption of alcoholic beverages
shall be permitted.
49. 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.
50. All owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying /licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 180 days of the issuance of the
certificate of occupancy. Records of each owner's, manager's and employee's
successful completion of the required certified training program shall be maintained on
the premises and shall be presented upon request by a representative of the City of
Newport Beach.
Fire Department Conditions
51. Exit hardware for outdoor dining patio shall comply with California Building Code
Section 1008.
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52. With an occupant load of 50 or more persons, the requirements for an Assembly in
C.B.C. Section 1028 will need to be met.
53. A fire suppression system will be required for cooking which involves the production of
grease laden vapors.
54. Fire extinguishers will be required for the restaurant, offices upstairs, and a type -K for
the cooking area.
55. Illuminated exit signs will be required. Emergency power shall be provided for a
duration of not less than 90 minutes.
56. Requirements for wall and ceiling finishes and decorative material must be met from
the C.B.C. Section 803 and 806.
Building Division Conditions
57. The applicant is required to obtain all applicable permits from the City's Building Division
and Fire Department. A building permit is required to allow the change in use to an eating
and drinking establishment. The construction plans must comply with the most recent,
City- adopted version of the California Building Code. The construction plans must meet
all applicable State Disabilities Access requirements. Complete sets of drawings
including architectural, electrical, mechanical, and plumbing plans shall be required at
plan check.
58. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
59. Strict adherence to maximum occupancy limits is required.
60. 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.
61. If required, a grease interceptor shall be installed prior to the establishment opening for
business to the satisfaction of the Building Division.
62. 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.
63. The applicant shall provide a Type I hood with a kitchen suppression system for cooking
equipment.
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64. Kitchen exhaust fans shall be installed /maintained in accordance with the California
Mechanical Code. A permit from the Sough Coast Air Quality Management District
shall be obtained for the control of smoke and odor.
65. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric
heaters are allowed if installed per their listing and the California Electrical or Plumbing
Code.
66. The rear doors of the facility shall remain closed at all times. The use of the rear door
shall be limited to deliveries and employee use only. Ingress and egress by patrons is
prohibited unless there is an emergency. All exits shall remain free of obstructions and
available for ingress and egress at all times.
Public Works Conditions
67. The fountain, curb, and bollards within the rear alley setback shall be removed to
improve alley access.
68. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
Utilities Conditions
69. The applicant is responsible for all upgrades to the City's utilities as required to fulfill
the project's demand.
70. New and existing domestic water services shall be protected by a USC approved
reduced pressure backflow assembly and installed per STD - 520 -L -A.
71. New and existing irrigation services shall be protected by a dedicated USC approved
reduced pressure backflow assembly and installed per STD - 520 -L -A.
72. New and existing fire services shall be protected by a USC approved double check
detector assembly and installed per STD - 517 -L.
73. New sewer laterals and cleanouts shall be installed per STD - 406 -L.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2011 -99 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of
October, 2011, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Curry, Daigle, Mayor Henn
Noes: Selich
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of October, 2011.
du'
City Clerk
Newport Beach, California
(Seal)