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HomeMy WebLinkAboutPC2019-018 - APPROVING CONDITIONAL USE PERMIT NO. UP2018-013 TO ALLOW AN INCREASED OCCUPANT LOAD AND REDUCE THE OFFSTREET PARKING REQUIREMENT BY AN ADDITIONAL 13 SPACES FOR AN EXISTING BAR ESTABLISHMENT AT 121 MC FADDEN PLACERESOLUTION NO. PC2019-018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2018-013 TO ALLOW AN INCREASED OCCUPANT LOAD AND REDUCE THE OFF- STREET PARKING REQUIREMENT BY AN ADDITIONAL 13 SPACES FOR AN EXISTING BAR ESTABLISHMENT AT 121 MC FADDEN PLACE (PA2018-196) THE CITY OF NEWPORT BEACH PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Mario Marovic ("Applicant'), with respect to property located at 121 Mc Fadden Place, and legally described as Lots 15 and 16 in Block 21 of Newport Beach, County of Orange, State of California, as per Map recorded in Book 3, Page 26 of Miscellaneous Maps, in the office of the County Recorder of said County ('Property") requesting approval of a conditional use permit ("CUP"). The Applicant requests to increase the allowed occupant load of the existing Stag Bar from 207 persons to a maximum of 260 persons. The bar is currently allowed to operate from 6 a.m. to 2 a.m., daily. In conjunction with the occupant load increase, the Applicant also proposes to modify the allowed hours of operation, such that no new patrons would be permitted to enter after 1 a.m. and last call for alcohol service would occur at 1:30 a.m. The bar is currently permitted to operate with a Type 48 (On Sale General — Public Premises) Alcoholic Beverage Control (ABC) license. There are no substantial changes to the floor plan proposed with this application. With the proposed occupant load increase, the Applicant is required to install fire sprinklers throughout the building. As there is no parking on -site, the applicant also requests a waiver of the required 13 parking spaces incurred by the increased occupant load. The establishment currently operates under Conditional Use Permit No. UP2013-016, which would be superseded if this application is approved. 3. The Property is located within the Mixed -Use Water Related ("MU-W2") Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related ("MU-W2"). 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water Related ("MU-W") and it is located within the Mixed -Use Water Related ("MU-W2") Coastal Zone District. The Property was developed in 1912 without any on -site parking, and based on records research, its floor area has not been increased since original construction. There are no exterior improvements or expansion of building floor area proposed; therefore, there is no intensification of use and a coastal development permit is not required. 5. A public hearing was held on June 20, 2019, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act and Newport Beach Municipal Code ("NBMC") Chapter 20.62 (Public Hearings). Evidence, both written and oral, was presented to, and considered by the Planning Commission at this hearing. Planning Commission Resolution No. PC2019-018 Page 2 of 15 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This Project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption allows interior or exterior alterations involving interior partitions, plumbing and electrical conveyances. The Project is an increase in occupant load with no additional floor area or exterior modifications. The proposal requires minor interior improvements to install fire sprinklers throughout the building. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Subsection 20.48.030(C)(3) (Alcohol Sales), the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding: In finding that the proposed use is consistent with NBMC Section 20.48.030, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The Property is located in Reporting District 15 ("RD 15"). The number of reported Part One Crimes within RD 15 in 2018, was 159 crimes. This amount is higher than adjacent reporting districts and the Citywide average. Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report — homicide, rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and arson. The higher crime rate is largely due to the number of visitors to the Balboa Peninsula, the high concentration of restaurants, and the high ratio of non-residential to residential uses clustered in the commercial and mixed -use districts. The McFadden Square area has historically been a business and recreation hub for residents and tourists, drawing a large number of visitors year-round but particularly in the summer months. While the area does have a high concentration of alcohol licenses, this establishment maintains an existing license. Therefore, the Project will not result in any increase in the number of alcohol licenses. The service of alcoholic beverages provides menu options for customers and potentially enhances the economic viability of the business, while the CUP and Operator License will provide greater enforcement options. 01-25-19 Planning Commission Resolution No. PC2019-018 Paae 3 of 15 2. The Newport Beach Police Department ("NBPD") has reviewed the proposal and has no objection to the Project, subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan, business hours that are more restrictive than the current hours, an improved security plan, and the requirement to obtain an operator license. The Operator License provides an additional tool for the NBPD to control the use, especially should objectionable activities occur at the site. ii. The numbers of alcohol -related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. RD 15 has a higher number of arrests recorded in 2018, compared to adjacent reporting districts. From January 1, 2018, through December 31, 2018, the NBPD reported 581 arrests in RD 15. There were 12 arrests at this Property; however, not every arrest was related to the business and may have been related to a dispatch event in the direct vicinity. 2. The NBPD reviewed the application and does not anticipate any significant increase in crime or alcohol -related incidents with the approval of this application subject to the proposed conditions of approval, which includes more restrictive hours of operation. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The Project site is located in a mixed -use zoning district which allows for residential uses when intermixed with nonresidential uses. The nearest residential zoning district is located approximately 315 feet east of the project site, at the corner of West Balboa Boulevard and 21s1 Street. The nearest residential units are located 10 feet across the side alley to the northwest of the subject property in a mixed -use building. 2. The nearest recreational facilities, the beach and Newport Pier, are located approximately 300 feet to the southwest of the Property. The nearest church, Our Lady of Mount Carmel Church, is located approximately 0.5 miles to the east of the subject property along West Balboa Boulevard. The nearest school, Newport Elementary School, is located 0.7 miles to the east of the subject property along West Balboa Boulevard. The nearest daycare center, Children's Center by the Sea, is approximately 0.6 miles to the east along West Balboa Boulevard. The Project use is surrounded by other commercial, retail, and office uses on the ground level. 3. The Balboa Peninsula is generally characterized by a high number of visitors, in which commercial and residential zoning districts are located in close proximity to one another and eating and drinking establishments with alcohol service are common. The proposed reduction in hours of operation in conjunction with the CUP and Operator License conditions of approval will help minimize nuisances that the 01-25-19 Planning Commission Resolution No. PC2019-018 Page 4 of 15 establishment could have to surrounding uses. This will help to ensure that the use remains compatible with the surrounding community. iv. The proximity to other establishments selling alcoholic beverages for either off -site or on - site consumption. 1. The per capita ratio of one license for every 64 residents is higher than all adjacent Census Tracts and the average City-wide ratio. This is due to the higher concentration of commercial land uses, many of them visitor -serving, in McFadden Square, Lido Marina Village and Cannery Village, and lower number of residential population in the RD 15 area. Nearby establishments selling alcohol include the Taco Bell Cantina, 21 Oceanfront, Dory Deli, Beach Ball, Blackie's and several others located in the McFadden Square area. 2. While the license -to -resident ratio is higher than average and the Property is located in close proximity to other establishments selling alcoholic beverages, staff believes the physical and operational characteristics of the establishment would make the continuation of alcoholic beverage sales appropriate at this location. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the Property. 2. A bar has been operating at the Property since the early 1900s. It was remodeled and expanded in 2015, into an adjacent liquor store to include an enlarged kitchen and outdoor patio dining area. As part of the proposed occupant load increase, the building will be brought into compliance with all current Building and Fire Code requirements. 3. All employees serving alcohol will be required to be at least 21 years of age, and undergo, and successfully complete, Responsible Beverage Service (RBS) training. Approval of this application will require the operator to obtain a new Operator License pursuant to NBMC Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours, Entertainment, and/or Dance). The Operator License will provide enhanced tools to control noise, loitering, litter, disorderly conduct, parking/circulation and other potential disturbances that could result from the use, and will provide the PD with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations. In accordance with NBMC Section 20.52.020(F) (Use Permit, Required Findings), 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. of-25A9 Planning Commission Resolution No. PC2019-018 Pape 5 of 15 Facts in Support of Finding: 1. The General Plan land use designation for this site is Mixed -Use Water Related ("MU- W2"). The MU-W2 designation applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial, and residential dwelling units on the upper floors. The bar was renovated and expanded in 2015, to include a larger kitchen and dining area, and is the primary occupant of the Property. Although it was a nonconforming land use, it was determined to be consistent with this land use designation with the previous Conditional Use Permit approval. Eating and drinking establishment uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. 2. The Project will not result in an increase in the floor area ratio; therefore, it is consistent with the Land Use Element development limitations. 3. The proposed occupant load increase is for a use that is consistent with General Plan Land Use Policy LU6.8.2 (Component Districts), which emphasizes that McFadden Square should be utilized as one of the primary activity centers within the City. The increase in occupant load will allow additional people to enjoy the existing eating and drinking establishment as a visitor- and local -serving convenience. 4. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The increased occupant load will help to allow the Applicant to continue to improve and revitalize the existing building and the surrounding neighborhood. 5. The Property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. Facts in Support of Finding: 1. The Property is located in the Mixed -Use Water Related ("MU-W2") Zoning District. The MU-W2 designation applies to waterfront properties in which marine -related uses may be intermixed with general commercial, visitor -serving commercial and residential dwelling units on the upper floors. Although a bar is not listed as a permitted or a conditionally permitted use within this district, the legal nonconforming use can be expanded subject to a conditional use permit pursuant to NBMC Section 20.38.050 (Nonconforming Uses). 2. A bar has been operating at the Property since the early 1900s. It was expanded and renovated in 2015, to add a kitchen, additional interior dining areas, and an outdoor patio area at the expense of a retail liquor store with a conditional use permit authorized by 01-25-19 Planning Commission Resolution No. PC2019-018 Paae 6 of 15 the Planning Commission in accordance with NBMC Section 20.38.050 (Nonconforming Uses). 3. The Property does not provide on -site parking, but the proposed increase in occupant load is not anticipated to change the parking demand significantly. The Applicant provided a parking study prepared by a qualified professional. The McFadden Square area is adequately served by the two adjacent municipal lots throughout most of the year and the close proximity to multiple commercial uses and coastal resources will result in shared trips to the project site area. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: 1. The operation of the eating and drinking establishment will be restricted such that no new patrons would be allowed to enter after 1 a.m. and last call for alcohol service would occur at 1:30 a.m., whereas it was previously allowed to operate until 2 a.m. without any further restrictions. The closing hour is compatible with other late -night eating and drinking establishments in the area. The NBPD has reviewed the proposed increase and is supportive of the reduced late hour operation and an improved security plan. 2. The existing floor plan is not changing as a result of the Project. Live entertainment and dancing are not proposed nor are they allowed activities. 3. The Project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the eating and drinking establishment is located approximately 10 feet from residential units across the alley to the northwest, the building is oriented toward Newport and West Balboa Boulevards away from the nearby mixed -use structures. The outdoor patio area is contained by the hotel roof deck above and a 6-foot-1-inch tall glass barrier. Activity from the establishment will be buffered from the residential uses across Newport and West Balboa Boulevards. The Applicant is also required to control trash and litter around the Property. 4. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an operator license, will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community. 5. As part of the previous remodel, the Applicant installed a grease interceptor, provided a wash -out area that drains to the sewer line, obtained Health Department approval prior to opening for business, and complied with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. 01-25-19 Planning Commission Resolution No. PC2019-018 Paae 7 of 15 6. The Property is located in a relatively dense area with multiple uses within a short distance of each other. The McFadden Square area is conducive to a significant amount of walk-in patrons. The area experiences parking shortages in the daytime during the summer months, but parking is typically available during the rest of the year. Two municipal parking lots and on -street parking is available in the area to accommodate the proposed use in the off-season months. 7. The Applicant provided a parking study for the Property that was prepared by a qualified professional. The Project is not expected to noticeably change the parking demand in the McFadden Square area. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: 1. The Property is developed with an existing commercial building and the tenant space is designed 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 Property has historically been utilized by an eating and drinking establishment and a liquor store, which was replaced by the bar's expansion in 2015. 2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utility upgrades required for the occupant load increase will be required at plan check and have been included in the conditions of approval. 3. In conjunction with the occupant load increase, the Applicant is required to install a fire sprinkler system throughout the building. This improvement will enhance the safety of the existing building and benefit the surrounding structures and area. 4. A building permit is required prior to any occupant load increase. Any tenant improvements to the Property will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. 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. 01-25-19 Planning Commission Resolution No. PC2019-018 Paqe 8 of 15 Facts in Support of Finding: 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. 2. The establishment will continue to provide dining and entertainment as a public convenience to the surrounding neighborhood and visitors to the area. This will continue to help revitalize the Property and provide an economic opportunity for the Property owner to update the building and surrounding area, which best serve the quality of life for the surrounding visitor- and local -serving community. 3. The Applicant provided a parking study prepared by a qualified professional. The Project 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 expanded bar 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. 4. The triangular outdoor patio area is open on only one side facing eastward towards Newport and West Balboa Boulevards and is delineated by a 6-foot-1-inch tall glass barrier to provide sound attenuation. The increased occupant load is not anticipated to increase noise, as the additional persons are calculated for inside the bar area. The occupant load of the outdoor dining area will not increase as part of the Project. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2018-013, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. 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 NBMC Title 20 Planning and Zoning. This Resolution supersedes Planning Commission Resolution No. 1938, which upon vesting of the rights authorized by this Conditional Use Permit, shall become null and void. 01-25-19 Planning Commission Resolution No. PC2019-018 Page 9 of 15 PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JUNE, 2019. AYES: Ellmore, Kleiman, Koetting, Kramer, Lowrey, Weigand, Zak NOES: ABSTAIN: ABSENT: BY: �. Peter Zak—Ch 01-25-19 Planning Commission Resolution No. PC2019-018 Paae 10 of 15 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Conditional Use Permit No. UP2018-013 shall expire unless exercised within 24 months from the date of approval as specified in NBMC Section 20.54.060 (Time Limits and Extensions), 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 Conditional Use Permit ("CUP"). 5. This CUP 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this CUP or the processing of a new CUP. 7. 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. 8. 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. 9. Prior to the issuance of a buildinq permit, a copy of this resolution shall be incorporated into the Building Division and field sets of plans. 10. Prior to the issuance of a building permit, the Applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural D1-25-19 Planning Commission Resolution No. PC2019-018 Paoe 11 of 15 sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this CUP and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 11. The hours of operation for the bar shall be limited to between 6 a.m. and 2 a.m., daily; however, no new patrons shall be allowed to enter the bar after 1 a.m. and last call for alcohol service shall occur at 1:30 a.m. The Applicant shall be responsible for encouraging patrons to vacate the premise in a timely manner. 12. The occupant load for customers (not including employees) of the eating and drinking establishment shall not exceed 260 persons, including the outdoor patio area (211 persons interior and 49 persons outdoor patio), subject to compliance with the California Building Code ("CBC') and the approval of the Building Division. A building permit is required prior to any occupant load increase. 13. The removal or relocation of pool tables, tables, chairs, stools, or other furniture to accommodate an area for dancing or increased occupancy above that allowed by Condition of Approval No. 12 shall be prohibited. 14. 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. 15. 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 NBMC Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. 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 NBMC Chapter 10.26. 16. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. 17. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 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). 18. 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. 01-25-19 Planning Commission Resolution No. PC2019-018 Paae 12 of 15 19. The Applicant is responsible for washing the adjacent sidewalk area in front of the entire linear frontage of the building at an appropriate frequency to ensure it is kept clean. 20. 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 NBMC Chapter 1.05 (Administrative Code Enforcement Program) that includes issuance of a citation of violation and monetary fines. 21. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 8 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this CUP. 22. All doors and windows of the facility shall remain closed after 10 p.m. except for the ingress and egress of patrons and employees. 23. 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. 24. 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 Stag Bar Occupancy Increase including, but not limited to, the Conditional Use Permit No. UP2018-013 (PA2018-196). 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. 01-25-19 Planning Commission Resolution No. PC2019-018 Pape 13 of 15 Police Department 25. The operator of the establishment shall secure and maintain an operator license pursuant to NBMC Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On -Site Consumption in Combination with Late Hours, Entertainment, and/or Dance). 26. The Operator License required to be obtained pursuant to NBMC Chapter 5.25, 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. 27. A revised comprehensive security plan that includes one additional security guard due to the increase in customer occupancy count for the eating establishment shall be submitted forreview and approval by the NBPD. The procedures included in the security plan shall be implemented and adhered to for the life of the Conditional Use Permit. There shall be at least one security staff member on duty for every 50 patrons after 10 p.m. There shall further be at least four security staff members on duty Friday and Saturday evenings after 10 p.m. At least one security staff member shall be posted at each entrance. All security staff must possess a guard card and be trained in responsible beverage service. After 2 a.m. closing, there shall be at least two security staff members posted outside to deter any potential problems until the crowd has dispersed from the immediate area. 28. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 29. There shall be no live entertainment or dancing allowed on the premises. 30. 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. 31. 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. 32. 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. 33. 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 01-25-19 Planning Commission Resolution No. PC2019-018 Paqe 14 of 15 media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 34. 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 program 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. 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. 35. Strict adherence to maximum occupancy limits is required. Security staff shall be posted at each entrance and must keep an accurate occupant load count. Security staff shall provide that count to City officials on command. Fire Department 36. Prior to implementinq any increased occupant load, the Applicant shall install a fire sprinkler system throughout the restaurant and bar areas with any increase in occupant load above 207 persons, as required by the Califomia Building Code ('CBC') and California Fire Code ("CFC'). 37. Any room having an occupant load of 50 or more persons where fixed seats are not installed shall have the capacity of the room posted in a conspicuous place near the main exit from the room. 38. Illuminated exit signs are required and shall be installed. Emergency power shall be provided for a duration of not less than 90 minutes. Building Division 39. Prior to implementing any increased occupant load, the Applicant shall apply for and obtain a building permit for the increase. 40. Immediately after building permit final, the Applicant shall ensure a new certificate of occupancy is issued and posted on -site in a conspicuous location. 41. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division. 42. 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. 01-25-19 Planning Commission Resolution No. PC2019-018 Page 15 of 15 43. 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. 01-25-19