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HomeMy WebLinkAboutPC2019-016 - APPROVING MINOR USE PERMIT NO. UP2018-022 AND COASTAL DEVELOPMENT PERMIT CD2018-094 TO ADD AN OUTDOOR DINING AREA TO AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 2823 NEWPORT BOULEVARDRESOLUTION NO. PC2019-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2018-022 AND COASTAL DEVELOPMENT PERMIT CD2018- 094 TO ADD AN OUTDOOR DINING AREA TO AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 2823 NEWPORT BOULEVARD (PA2018-241) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Sessions Sandwiches Newport Beach, LLC ("Applicant'), with respect to property located at 2823 Newport Boulevard, and legally described as Lots 18, 19, 20, and 21 of subdivision of Block 227, Section "A" of Newport Beach, as shown on a map recorded in Book 4 and Page 26 of Miscellaneous Maps, Records of Orange County ('Property") requesting approval of a minor use permit and coastal development permit. The Applicant proposes to add a 130-square-foot outdoor dining area with alcohol service to an existing eating and drinking establishment ('Project'). The existing restaurant currently operates with a Type 41 (On -Sale Beer and Wine for Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) license and has hours of operation between 6:00 a.m. and 9:00 p.m., daily. No other operational changes are requested or proposed. The Property is located within the Commercial Visitor -Serving (CV) Zoning District and the General Plan Land Use Element category is Visitor Serving Commercial (CV). 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Visitor Serving Commercial (CV -A) (0.0 — 0.75 FAR). 5. A public hearing was held on May 16, 2019, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time place and purpose of the meeting was given in accordance with the Ralph M. Brown Act and the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. 6. At the conclusion of the hearing on May 16, 2019, the Zoning Administrator directed the application to the Planning Commission for consideration and review based on public concern regarding the expansion of alcohol service on the proposed patio. 7. A public hearing was held on June 6, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Ralph M. Brown Act and Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. Planning Commission Resolution No. PC2019-016 Paae 2 of 14 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Project has been determined to be categorically exempt pursuant to Title 14, Division 6, Chapter 3 Section 15315 of the California Code of Regulations (Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. Sessions Sandwiches is an existing restaurant. The Project involves the addition of a 130-square-foot outdoor dining area in conjunction with the existing restaurant. SECTION 3. REQUIRED FINDINGS. Minor Use Permit In accordance with Section 20.52.020.E (Findings and Decision) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of the findings for a minor use permit are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: The General Plan Land Use Element designates the site as Visitor Serving Commercial (CV) which is intended to provide for accommodations, goods, and services to primarily serve visitors to the City of Newport Beach. 2. The existing restaurant includes alcohol sales and service to the restaurant and is consistent with the CV designation as it is intended to provide service not only to visitors, but also to residents within the immediate neighborhood and surrounding area. The proposed outdoor dining area will remain consistent with the General Plan designation, as it will provide additional outdoor seating for the restaurant. Restaurants are common within the vicinity and are complementary to the surrounding commercial uses along the Newport Boulevard business corridor. 4. The subject property is not part of a specific plan area. 07-22-2014 Planning Commission Resolution No. PC2019-016 Page 3 of 14 Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The zoning designation for the Property is Commercial Visitor -Serving (CV) which is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. Pursuant to Zoning Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements), food service, eating and drinking establishments with alcohol service and no late hours (after 11:00 p.m.) are permitted subject to the approval of a minor use permit. 2. The restaurant operates under an existing minor use permit (UP2014-050), which was approved on March 5, 2015, to add a Type 41 (On -Sale Beer and Wine) Alcoholic Beverage Control (ABC) license and reduce the hours of operation to the existing restaurant. Prior to this use permit, operation of the restaurant with 523 square feet of net public area (N.P.A.) was authorized by a minor use permit (UP2013-012), which was approved on September 12, 2013. The addition of an outdoor dining area will not affect compliance with conditions established by the existing minor use permit. All applicable conditions of approval have been incorporated herein. 3. As established by the restaurant's original use permit (UP2013-012), the parking for the restaurant is considered legal nonconforming due to parking because 11 parking spaces are provided on -site, whereas, based on a parking ratio for the previous retail use of one space per 250 gross square feet ("sq. ft."), a total of 14 parking spaces (3,307 sq. ft./250 = 13.2 = 14) were required. Pursuant to NBMC Chapter 20.38.060 (Nonconforming Parking), a nonconforming use in a nonresidential zoning district may be changed to a new use allowed in that zoning district without providing additional parking, provided no intensification or enlargement (e.g. increase in floor area) occurs. The restaurant was approved with a parking rate of one space per 40 square feet of N.P.A. With this ratio, 14 spaces (523 sq. ft. of N.P.A./40 = 13.1 = 14) would also be required on -site; therefore, the use was found not to intensify the parking requirement above what was required for the previous retail use. 4. The existing commercial center consists of the subject restaurant and a dry cleaning facility. The dry cleaning facility, which was authorized by a use permit (UP3431) on October 24, 1991, has a parking rate of one space per 250 square feet of gross floor area. With this ratio, 9.4 spaces are required. Combined with the required restaurant parking (13.1), 23 total spaces (9.4 + 13.1 = 22.5 = 23) would be required on -site. Since 11 spaces are currently provided, the Property has a parking deficit of 12 parking spaces and is considered legal nonconforming. 07-22-2014 Planning Commission Resolution No. PC2019-016 Paqe 4 of 14 The proposed location of the 130-square-foot outdoor dining area is in an existing parking space in the southeastern corner of the parking lot. Pursuant to Sections 20.40.040 and 21.40.040 (Off -Street Parking Spaces Required) of the Municipal Code, parking required for restaurant uses may range from a rate of one space per 30 square feet to one space per 50 square feet of interior N.P.A. based on physical and operational characteristics of the Project. No additional parking is required for outdoor patio areas that are less than 25 percent on the interior N.P.A. Staff has re-examined the required parking for the restaurant and concluded that a parking rate of one space per 44 square feet of N.P.A. is appropriate in this case based on a parking study prepared by LSA dated March 22, 2019 and the following location and operational characteristics of the proposed use: a) There is no live entertainment or dancing and no presence of pool tables and other attractions; b) The proposed 130-square-foot outdoor patio is less than 25 percent of the interior N.P.A.; c) Due to the restaurant's location on the Balboa Peninsula, which consists of a higher density residential and close proximity to the beach, a higher percentage of customers are expected to walk or bike to the restaurant. As observed by the parking study, more than 25 percent of observed customers arrived by a travel mode not requiring a parking space; and d) The observed parking demand revealed that during peak hours, there were still vacant parking spaces in the parking lot to accommodate the restaurant and the dry cleaning customers. 6. With a required parking rate of one space per 44 square feet of N.P.A., the total parking required between the restaurant and dry cleaning facility is 22 spaces (9.4 + 11.9 = 21.3 = 22). Since 10 spaces are proposed, the parking lot would remain deficient by 12 parking spaces. The addition of the outdoor dining area would not intensify the nonconforming parking situation. The parking study observed that some customers parked within the six on -street metered spaces located immediately adjacent to the building along each side of Newport Boulevard for convenience; however, when taking into account the peak parking demand based on all areas where customers were observed parking (including the metered spaces), a total demand of nine parking spaces is observed. This observed peak parking demand of nine spaces can be accommodated by the 10 parking spaces remaining after construction of the proposed outdoor dining area and no impacts related to parking are anticipated. 8. The use will remain a restaurant and, as conditioned, the Project will continue to comply with Zoning Code standards for eating and drinking establishments. 07-22-2014 Planning Commission Resolution No. PC2019-016 Pape 5 of 14 Finding: C. 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 surrounding area contains various, retail, business office and visitor serving commercial uses including restaurants that serve alcoholic beverages. The proposed addition of the outdoor dining area provides additional seating for restaurant patrons and would be consistent with the existing and permitted nonresidential uses within the area. 2. The restaurant will continue to adhere to the existing hours of operation between 6:00 a.m. and 9:00 p.m., daily, consistent with the hours of other similar establishments and uses in the commercial area. 3. The operational conditions of approval relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol -related impacts. The Project has been conditioned to ensure that the business remains a restaurant and does not become a bar, club, or tavern. 4. The restaurant, including the proposed outdoor dining area, is required to comply with the City's noise ordinance and no outside paging system or outside amplified music is allowed. 5. The Police Department has reviewed the request, including the ability to serve alcohol on the patio, and has no objections to the Project as the use has not been a burden on police resources. The operational conditions of approval relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol - related impacts. 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 Property and adjacent properties during business hours, if directly related to the patrons of the establishment. Finding: D. 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 restaurant is currently operating, and the tenant space was previously reviewed and permitted. 2. Prior to occupancy, the tenant space and Property were reviewed to ensure adequate public and emergency vehicle access, public services, and utilities were provided for on- 07-22-2014 Planning Commission Resolution No. PC2019-016 Page 6 of 14 site. The tenant improvement plans were reviewed for compliance with applicable building and fire codes. 3. The proposed outdoor dining area has been reviewed by the Public Works department to ensure that the patio structure provides a sufficient site distance triangle and does not interfere with motorists traveling on Newport Boulevard. Finding: E. 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, and safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in SUDDOrt of Findin 1. The Project has been reviewed and includes conditions of approval that 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 Property during adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The Police Department believes that with the conditions of approval, the Project will not have a negative impact on the community and police services. 3. The Project has been reviewed by the City's Traffic Engineer for traffic safety visibility. The proposed outdoor dining area has been set back from the sidewalk adjacent to Newport Boulevard to avoid traffic visibility issues with oncoming motorists. 4. Compliance with the Municipal Code standards related to noise, lighting and other performance standards will help ensure that the proposed use will be compatible with the surrounding area. 5. The restaurant will serve the surrounding community. The additional outdoor dining area will provide patrons with additional seating options and is not uncommon in establishments of this type. Additionally, the outdoor dining area will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. 6. The Applicant is required to comply with the requirements of the California Department of Alcoholic Beverage Control to ensure the safety and welfare of customers and employees within the establishment. All owners, managers, and employees selling or serving alcohol will be required to complete a certified training program in responsible methods and skills for selling alcoholic beverages. 07-22-2014 Planning Commission Resolution No. PC2019-016 Paqe 7 of 14 Coastal Development Permit The Minor Use Permit is consistent with the legislative intent of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code and approves the Coastal Development Permit based on the following findings per Section 21.52.015.F of Title 21: Finding: F. That the proposed map conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: The Minor Use Permit is for the addition of an outdoor dining area for an existing restaurant and meets all of the requirements of the Local Coastal Program. 2. Pursuant to Section 21.20.020 (Commercial Coastal Zoning Districts Land Uses, Table 21.20-1) of the Implementation Plan, eating and drinking establishments located in the CV Coastal Zoning District that are classified as Food Service, No Late Hours, are allowed uses. The on -site parking provided for the commercial building is legal, nonconforming. Staff has re-evaluated the required parking and determined that the loss of one parking space for the addition of the outdoor dining area does not intensify the nonconforming parking for the site. 4. The Minor Use Permit is for a property within a developed neighborhood that is approximately 600 feet from the harbor and is not near any natural landforms or environmentally sensitive areas. Finding: G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: The Property is not between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. The subject property is located a large distance from a public beach (+800 feet) or harbor (+600 feet) and is not located near a public viewpoint designated by the Coastal Land Use Plan. As stated in the parking study, the 10 on -site parking spaces is adequate to accommodate the total observed peak parking demand of nine spaces and no impacts to the availability of public parking is expected. 07-22-2014 Planning Commission Resolution No. PC2019-016 Page 8 of 14 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No. UP2018-022 and Coastal Development Permit No. CD2018-094, subject to the conditions set forth in Exhibit 'A" which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. 3. This resolution supersedes Planning Commission Resolution No. 1971, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 6t' DAY OF JUNE, 2019. AYES: Ellmore, Kleiman, Koetting, Lowrey, Weigand and Zak NOES: ABSTAIN: ABSENy ramer 07-22-2014 Planning Commission Resolution No. PC2019-016 Page 9 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL (Applicable Conditions required by Minor Use Permit No. UP2014-050 (Planning Commission Resolution No. 1971) have been incorporated into the conditions herein) 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. This Minor Use Permit and Coastal Development 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. 3. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, may require an amendment to this Minor Use Permit and Coastal Development Permit or the processing of new use permits. Any amendments or processing of new permits shall require approval of the Planning Commission. 4. Minor Use Permit No. UP2018-022 and Coastal Development Permit No. CD2018-094 shall expire unless exercised within 24 months from the date of approval as specified in Section 20. 54.060 (Time Limits and Extensions) of the Newport Beach Zoning Code, unless an extension is otherwise granted. 5. 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. 6. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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 Minor Use Permit and Coastal Development Permit. 8. Live entertainment and dancing shall be prohibited at the premises. 9. The eating and drinking establishment is allowed a Type 41 (On -Sale Beer and Wine for Bona Fide Public Eating Place) ABC license. The sale of alcohol for off -site consumption is prohibited. 07-22-2014 Planning Commission Resolution No. PC2019-016 Paqe 10 of 14 10. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 11. Interior net public area shall be limited to 523 square feet. Exterior net public area shall be limited to 130 square feet. 12. The hours of operation for the food service use are limited to between 6:00 a.m. and 9:00 p.m., daily. 13. The outdoor dining area dimensions shall be modified to accommodate a 9-foot wide parking space adjacent to the outdoor dining area. 14. No outside paging system or amplified music shall be utilized in conjunction with this establishment. 15. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 6OdBA 16. The Applicant shall receive necessary approval from the California Department of Alcoholic Beverage Control to serve alcohol in the outdoor dining area. 17. The Applicant shall take reasonable steps to ensure that noise created by music and or video in the interior of the establishment does not impact surrounding residential land uses. 18. 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. 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. The trash dumpster within the trash enclosure shall be covered with a solid lid. 07-22-2014 Planning Commission Resolution No. PC2019-016 Page 11 of 14 21. 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). 22. 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. 23. 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 Director of Community Development, and may require an amendment to this Minor Use Permit and Coastal Development 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. All proposed signs shall conform to Title 20, Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code regulations or any sign program applicable to the property. 26. 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 Sessions Sandwiches Patio Expansion including, but not limited to, Minor Use Permit No. UP2018-022 and Coastal Development Permit No. CD2018-094 (PA2018- 241). 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. 07-22-2014 Planning Commission Resolution No. PC2019-016 Page 12 of 14 BUILDING AND FIRE DEPARTMENT 27. The Applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City -adopted version of the California Building Code. The facility shall be designed to meet exiting and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Division. 28. The construction plans must meet all applicable State Disability Access requirements. 29. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 30. All exits shall remain free of obstructions and available for ingress and egress at all times. 31. 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. REVENUE DIVISION 32. A valid business license from the City of Newport Beach with a seller's permit shall be required prior to start of business. Any contractors/subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. PUBLIC WORKS DEPARTMENT 33. All improvements shall be constructed as required by Ordinance and the Public Works Department. 34. The Applicant shall reconstruct the existing broken and/or otherwise damaged concrete sidewalk panels, curb and gutter along the Newport Boulevard frontages. 35. An encroachment permit is required for all work activities within the public right-of-way. 36. All improvements shall comply with the City's sight distance requirement, pursuant to City Standard 110-L and Municipal Code Section 20.30.130. 37. In case of damage done to public improvements surrounding the development site by the private construction, additional reconstruction within the public right-of-way may be required at the discretion of the Public Works Inspector. 38. All on -site drainage shall comply with the latest City Water Quality requirements. 07-22-2014 Planning Commission Resolution No. PC2019-016 Page 13 of 14 39. The existing water meter servicing the project site shall be protected with a reduced pressure backflow assembly and shall be sized to match the water meter. 40. Bicycle parking shall be provided on -site and be positioned to ensure that the bicycle rack and bicycles do not encroach into the public right-of-way. 41. No persons shall be permitted to stand at the outside of the outdoor dining area. 42. The proposed raised planter shall be located entirely on private property and shall be limited to a maximum height of 24-inches. 43. Planting within the raised planter shall be limited to a maximum of 24 inches above adjacent public sidewalk grade. POLICE DEPARTMENT 44. The approval of Minor Use Permit No. UP2018-022 and Coastal Development Permit No. CD2019-094 does not permit Sessions Sandwiches to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 45. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 46. Alcoholic beverages shall only be served and consumed inside the subject establishment, except for the outdoor patio area. 47. No "happy hour" -type of reduced price alcoholic beverage promotion shall be allowed. 48. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 49. 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 otherform of admission charge, including minimum drink orders or the sale of drinks. 50. The quarterly gross sales of alcoholic beverages shall not exceed 30 percent of 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. 51. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved special event permit issued by the City of Newport Beach. 07-22-2014 Planning Commission Resolution No. PC2019-016 Pape 14 of 14 52. Strict adherence to maximum occupancy limits is required. 53. 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 three 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. 54. The use of pitchers or other large volume serving devices shall be prohibited. 55. Alcoholic beverages shall be sold with food, and not sold separately 56. The Applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage Control 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 Minor Use Permit and Coastal Development Permit. 07-22-2014