HomeMy WebLinkAboutPC2023-016 - APPROVING A CONDITIONAL USE PERMIT FOR A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE WITH LATE HOURS AND AN OUTDOOR DINING PATIO AT AN EXISTING RESTAURANT LOCATED AT 900 NORTH BRISTOL STREET (PA2022-0263RESOLUTION NO. PC2023-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE WITH LATE HOURS AND AN OUTDOOR DINING PATIO AT AN EXISTING RESTAURANT
LOCATED AT 900 NORTH BRISTOL STREET (PA2022-0263)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jose I. Brito of Kalaveras NB, Inc. (“Applicant”), concerning property located at 900 North Bristol Street, and legally described as Parcel 1, as shown on a parcel map filed in Book 81, Page 43 of Parcel Maps, in the office of the County
Recorder of said County in the City of Newport Beach, County of Orange, State of
California (“Property”) requesting approval of a conditional use permit. 2. On July 21, 2020, the Community Development Director approved Emergency Temporary Use Permit No. UP2020-092. UP2020-092 allowed an approximately 1,100
square-foot temporary outdoor dining patio to be improved with a concrete pad and
temporary physical barriers for an existing food service, eating and drinking establishment (i.e., a “restaurant”). The temporary outdoor dining patio was conditioned to close at 9 p.m. and no additional parking was required. The temporary outdoor dining patio was conditioned to be removed at the termination of the City’s Emergency Order
No. 2020-005. A subsequent Limited Term Permit No. XP2021-013 was approved on
November 10, 2021, to allow the use of the outdoor dining patio for up to one year term. This project was conditioned with similar operational characteristics and, similar to UP2020-092, no additional parking was required. The temporary outdoor dining patio was conditioned to be removed at the termination of the limited term permit on
December 31, 2022.
3. The Applicant now proposes to make up to 940 square feet of the temporary outdoor dining patio permanent. The Applicant also requests to expand the licensed premises of the existing Type 47 (On-Sale General – Eating Place) Alcohol Beverage Control (“ABC”)
License to include the outdoor dining patio and to increase the hours of operation between
10 a.m. to 2 a.m., daily. No live entertainment or dancing is requested. If approved, this Conditional Use Permit would supersede Use Permit No. UP1789 and Use Permit No. UP2017-009 (“Project”).
4. The Property is categorized General Commercial (CG) by the General Plan Land Use
Element and is located within the General Commercial Site 2 of the Newport Place Planned Community (PC-11) Zoning District.
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5. The Property is not located within the coastal zone; therefore, a coastal development
permit is not required.
6. A public hearing was held by the Planning Commission on April 20, 2023, in the City Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California
Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapters 20.62
(Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (“CEQA”) under 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 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 existing
use. The Project involves making permanent an outdoor dining patio for an existing
eating and drinking establishment which is negligible expansion of the existing use and therefore, the project qualifies for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS.
Alcohol Sales In accordance with Section 20.48.030(C)(3) (Alcohol Sales) of the NBMC, 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 Project is consistent with Section 20.48.030 of the NBMC, the following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to other
areas in the City.
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1. The Property is in Reporting District 34 (“RD 34”). The Newport Beach Police
Department (“NBPD”) is required to report offenses of criminal homicide, forcible rape,
robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to ABC. RD 34 is reported as a high crime area as compared to adjacent reporting districts in the City, RD 33, RD 35, and RD 36. The RD’s Crime Count is 159, which is
57 percent over the City-wide crime count average of 101. The highest volume of crime
in this area is fraud and the highest volume of arrests in the area are drug-related offenses. 2. Since RD 34 has a 20 percent greater number of reported crimes than the average
number of reported crimes as determined from all crime reporting districts within the
City, the area is found to have undue concentration. In comparison, neighboring RD 33 is 14 percent above the City-wide average, RD 35 is 56 percent below the average, and RD 36 is 16 percent over the average. Of the 38 RDs in Newport Beach, 12 are reported to ABC as high crime areas.
3. The NBPD has reviewed the Project and does not have any objection to the request to increase the hours of operations to 2 a.m. and to make the outdoor dining patio permanent where alcoholic beverages will be served subject to appropriate conditions of approval. This is a retail and commercial area and residences are not immediately
adjacent. All NBPD recommended conditions of approval have been included in Exhibit
“A” of this Resolution.
ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts.
Reporting District Alcohol Related Arrests0F1 Total Arrests
RD 34 16 102
RD 33 12 50
RD 35 6 19
RD 36 10 61
Newport Beach 800 2,959
1. In RD 34, DUI, public intoxication, and liquor law violations make up roughly 16 percent of arrests. In comparison, the figure for neighboring RD 33 is roughly 24 percent, RD 35 is roughly 32 percent, and RD 36 is roughly 16 percent. These statistics reflect the City of Newport Beach’s data for 2021, which is the latest available data.
2. RD 34 has a lower percentage of arrests than adjacent reporting districts and a similar percentage of arrests as RD 36. Of the 102 alcohol related arrests in RD 34, no alcohol related arrests were attributed to the Property.
1 Alcohol Related Arrests includes DUI (alcohol), public intoxication, and liquor law related arrests.
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iii. The proximity of the establishment to residential zoning districts, day care centers,
hospitals, park and recreation facilities, place of worship, schools, other similar uses, and
any uses that attract minors.
1. The Property is developed with a restaurant located in a single tenant building that fronts North Bristol Street and Dove Street. It is within and surrounded by the Newport Place
Planned Community that is intended for commercial and light industrial uses. The
Property is not located in the immediate proximity of residential zoning districts, daycare centers, hospitals, park and recreation facilities, place of worship, schools, other similar uses, or any uses that attract minors.
2. The closest residential zoning district is approximately 750-feet away across Bristol
Street and California State Route 73. The closest school, Tutor Time, is approximately 0.4 miles to the west along Bristol Street. The closest medical facility, Newport Urgent Care, is approximately 290-feet away to the west along Bristol Street. The closest mental health care services, Pathways to Potential, is approximately 0.3 miles north along Dove
Street.
3. Restaurants with incidental alcohol services are common in the Newport Place Planned Community and the proposed ABC license with late hours and outdoor dining patio are not anticipated to alter the operational characteristics of the use such that it becomes
detrimental to the area. The Project includes conditions of approval and the requirement
of an operator license to further minimize negative impacts to surrounding land uses and ensure that the use remains compatible with the surrounding community. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-
site consumption.
1. The Property is located within census tract 626.10. This census tract has an approximate population of 11,867 residents with 19 active on-sale alcohol licenses which is a per capita ratio of one on-sale license for every 625 residents. The per capita ratio of on-
sale alcohol licenses for Orange County is one license for every 822 residents. This
location meets the legal criteria for undue concentration pertaining to alcohol establishments. 2. The closest establishment selling alcoholic beverages for on-site consumption is Nana
San, a full-service restaurant in the commercial center across Dove Street that is
approximately 300-feet away. The closest establishment selling alcoholic beverages for off-site consumption is Bay Court Liquor, a convenience market located in the same commercial center across Dove Street, also approximately 300-feet away.
3. Although the per capita ratio of on-sale alcohol licenses to residents is higher than the
average in the County and the Property is proximate to establishments selling alcoholic beverages for on-site and off-site consumption, the operational conditions of approval recommended by the NBPD and requirement to obtain an operator’s license will ensure compatibility with the surrounding uses and minimize alcohol related impacts.
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v. Whether or not the proposed amendment will resolve any current objectionable conditions.
1. No objectionable conditions are presently occurring at the site. Conditional Use Permit
In accordance with Section 20.52.020(F) (Use Permit, Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding:
B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding:
1. The General Plan Land Use category for this site is General Commercial (CG), which is
intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. The existing restaurant is in a commercial area and is surrounded by retail commercial and professional office uses. Restaurant uses of this type with alcoholic beverages services are complementary to the surrounding commercial uses
and are typically found in this and similar locations. The proposed change of hours, addition
of the outdoor dining patio, and expanded premise for the ABC License all serve to enhance the existing restaurant as an amenity to the area that is consistent with the underlying land use.
2. The Property is also within the Airport Area of the General Plan Land Use Element which
encompasses properties abutting and east of the John Wayne Airport (“JWA”). The proximity has influenced the area’s development and the CG area is intended to encourage the development of retail, financial services, dining, hotel, and other uses supporting JWA and the Airport Area’s office uses. The existing restaurant is consistent with the intended
development and the outdoor dining patio and increase in hours of operations is consistent
with the General Plan’s intentions of revitalizing the Airport Area with income-generating land uses. 3. The Property is not part of a specific plan.
Finding:
C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding: 1. The Property is within General Commercial Site 2 of the Newport Place Planned Community (PC-11) Zoning District. A Food Service, Eating and Drinking Establishment use (i.e., a
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“restaurant”) with late hours and alcohol services requires approval of a conditional use
permit.
2. The restaurant has operated under Use Permit No. UP1789 and, subsequently, Use Permit No. UP2017-009. The PC-11 Development Plan requires parking to be required consistent with Section 20.40.040 (Off-Street Parking) of the NBMC. A Food Service use with or
without alcohol and with or without late hours requires one parking space per every 30 to
50 square-feet of net public area, including outdoor dining areas exceeding 25 percent of the interior net public area. UP1789 calculated the parking based on the rate of one parking space for each 40 square-feet of net public area. Staff believes this parking rate continues to be adequate for the restaurant, since no live entertainment or dancing is proposed.
3. The net public area for the restaurant is 2,070 square-feet, which requires 52 parking spaces. The portion of outdoor net public area exceeding 25 percent of the indoor net public area is 422.5 square-feet, which requires 11 parking spaces for a total of 63 parking spaces. There are 63 existing onsite parking spaces to serve the restaurant.
Location/Description Net Public Area
(SQ. FT)
Parking Spaces
Required
Requirement for
Parking Spaces
Public Area 203 5 1 per 40 sq. ft.
Dining Area 1867 47 1 per 40 sq. ft.
Outdoor Patio Area 422.5 1F2 11 1 per 40 sq. ft.
Total 2,492.5 2 63 1 per 40 sq. ft.
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 outdoor dining patio and increase in hours of operations to include late hours does not
substantially change the operating characteristics of the previously approved restaurant. The outdoor dining patio would serve as an accessory to the existing restaurant and would complement the dining experience for patrons of the establishment with additional seating options. The Project is conditioned to not allow approval of the premise to operate as a bar,
tavern, cocktail lounge, or nightclub, as defined by the NBMC and no alcoholic beverages
shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The restaurant will remain complementary to the other uses in the PC-11 Zoning District,
which includes retail stores, medical offices, restaurants, services, and other commercial
2 The total square footage of the outdoor patio area is 940 square-feet. For parking calculation purposes, only the total square footage of the outdoor patio area exceeding 25 percent of the interior net public area is shown.
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uses. The restaurant will continue to provide a convenient commercial service for nearby
businesses, residents, and visitors to the area.
3. The NBPD’s 2021 Crime and Alcohol-Related Statistics indicates that no alcohol related arrests were made on the Property. The increase in the hours of operations to include late hours until 2 a.m. is not expected to cause a detriment to the other commercial and retail
uses in the vicinity. The restaurant is not located near any residential communities.
4. Staff, including the Newport Beach Police Department (NBPD), supports the proposed hours of operations between 10 a.m. and 2 a.m., daily. However, to further ensure that the characteristics are compatible with the surrounding area as well as any future developments
including residential use, staff is recommending that the hours of operation for the outdoor
dining patio be limited to between 10 a.m. and midnight daily. This will help limit exterior noise impacts during late hours for the surrounding businesses and potential future residential developments, including the entitled project at 1300 Bristol Street North.
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 Project involves an existing restaurant with an existing outdoor dining patio that was previously permitted on a temporary basis as a result of the COVID-19 Pandemic. The
guardrails that were constructed to delineate the outdoor use space will be relocated in
order to reduce the size of the outdoor dining patio commensurate with the required parking spaces on-site. No waivers or reduction in required parking are proposed as part of this Project.
2. Adequate public and emergency vehicle access is provided from North Bristol Street and
Dove Street, and public services and utilities are provided on-site. The Project has been reviewed by the Life Safety Services Division (Fire Department) and the retention of the outdoor patio area increases the occupancy of the facility such that fire sprinklers will be required if the building is not currently protected. The existing building is equipped with a
fire sprinkler system. Awnings for the outdoor patio area must be equipped with a fire
sprinkler system and Condition of Approval No. 48 and 49 have been added to ensure the project is reviewed and approved by the Fire Department. 3. The operational conditions of approval recommended by the NBPD have all been
incorporated into Exhibit “A” of this Resolution and will help ensure compatibility with the
surrounding commercial uses while minimizing any alcohol-related impacts. The establishment must comply with the requirements of the California Building Code, Orange County Health Department, and the State Department of Alcoholic Beverage Control to
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ensure the safety and welfare of customers and employees within and surrounding the
establishment.
4. Any physical alterations to the restaurant, including the outdoor dining patio, require a building permit prior to any construction. The Project 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, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons residing or
working in the neighborhood of the proposed use. Facts in Support of Finding:
1. The restaurant will continue to service the surrounding commercial area by providing dining services, alcohol service, and an option for outdoor dining areas as a public convenience to the surrounding businesses, residents, and visitors to the area. This will provide an economic opportunity for the new restaurant owner to operate successfully while potentially
revitalizing the Property.
2. The Project has been reviewed and includes conditions of approval and the requirement of an operator’s license 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 related to litter
and graffiti on the exterior of the building and noise generated by the subject facility. 3. As conditioned, all owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and
skills for selling alcoholic beverages within 60 days of hire. The certified program must meet
the standards of the certifying/licensing body designated by the State of California and records of successful completion shall be maintained on the premises. SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act under 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.
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2. The Planning Commission of the City of Newport Beach hereby approves the Conditional
Use Permit subject to the conditions outlined in Exhibit A, which is attached hereto and
incorporated by reference. 3. 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 by the
provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code.
4. This Resolution supersedes Use Permit No. UP1789 and Zoning Administrator Resolution No. ZA2017-083 (Use Permit No. UP2017-009), which upon vesting of the rights authorized by this Conditional Use Permit (PA2022-0263), shall become null and
void.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF APRIL, 2023. AYES: Barto, Harris, Klaustermeier, Langford, Lowrey, and Rosene
NOES: None ABSTAIN: None
ABSENT: Ellmore
BY:_________________________
Mark Rosene, Vice Chair
BY:_________________________ Sarah Klaustermeier, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans, and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval.
3. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be cause for the revocation of this Use Permit.
4. The allowed hours of operation for the interior of the restaurant shall be between 10 a.m.
and 2 a.m., daily. 5. The allowed hours of operation for the outdoor dining patio shall be between 10 a.m. and midnight, daily. The outdoor dining patio shall remain closed after midnight and
patrons shall not occupy this area once closed.
6. The interior “net public area” of the restaurant shall not exceed 2,070 square feet for the
subject restaurant.
7. The accessory outdoor dining shall be used only in conjunction with the related
restaurant. The outdoor dining patio shall be limited to no more than 940 square feet in
area.
8. The restaurant and patio seats shall be configured in a dining room setting. The dining
tables and chairs are not permitted to be moved to create standing areas for food and
beverage service to patrons.
9. All proposed signs shall be in conformance with the provisions of Chapter 20.42 (Signs) of the NBMC.
10. All employees and patrons of the restaurant shall park in the parking spaces that are on
the restaurant property. Parking in the adjoining shopping center shall be prohibited
without authorization from the property owner.
11. This Use Permit may be modified or revoked by the Planning Commission should they
determine that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare, or materially injurious to
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property or improvements in the vicinity or if the property is operated or maintained to
constitute a public nuisance.
12. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new use permit.
13. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits.
14. Before 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. 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 NBMC. The maximum
noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher:
Between the hours of 7 AM and 10 PM Between the hours of 10 PM and 7 AM
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 60dBA
16. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent.
17. Construction activities shall comply with Section 10.28.040 of the NBMC, which restricts
hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday through Friday, and 8 a.m. and 6 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays, or Holidays.
18. No outside paging system shall be utilized in conjunction with this establishment. 19. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies.
20. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way.
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21. The exterior of the business shall be always maintained free of litter and graffiti. The owner
or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 22. The 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).
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7 a.m. on weekdays and Saturdays and between the hours of 10 p.m. and 9 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit.
24. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 25. A Special Events Permit is required for any event or promotional activity outside the
normal operating characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits.
26. This approval shall expire and become void unless exercised within 24 months from the
actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the NBMC. 27. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold
harmless the City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any 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 Kalaveras Restaurant including, but not limited to, Conditional Use Permit (PA2022-0263). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the Applicant, City, and/or the parties initiating or bringing
such proceeding. The Applicant shall indemnify the City for all the City's costs, attorneys'
fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The Applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition.
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Police Department
28. The operator of the establishment shall secure and maintain an Operator License pursuant to Chapter 5.25 of the NBMC. In no case shall the establishment be permitted to operate beyond midnight on the outdoor dining patio.
29. The Operator License required to be obtained pursuant to Chapter 5.25 of the NBMC
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.
30. The Alcoholic Beverage Control (ABC) License shall be limited to a Type 47 (On-Sale
General – Eating Place) license. Any substantial change in the ABC license type shall require subsequent review and potential amendment of the Use Permit.
31. The Applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit.
32. 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 (3) years regardless of certificate expiration date. The certified program must
meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner’s, manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of
Newport Beach.
33. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the NBMC. 34. 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.
35. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.
36. Live Entertainment is prohibited.
37. Dancing by patrons as defined in Section 5.32.010 of the NBMC is prohibited.
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38. No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed. 39. There shall be no reduced prices of alcoholic beverage promotions after 9 p.m. 40. Food service from the regular menu shall be made available to patrons until closing.
41. 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.
42. 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.
43. “VIP” passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for prix fixe meals). 44. Strict adherence to maximum occupancy limits is required.
45. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City.
46. 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.
47. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the NBMC. Fire Department 48. Automatic fire sprinklers shall be required for the building and any awnings or covered areas of the outdoor dining patio. The sprinkler system shall be monitored by a UL-certified alarm service company.
DocuSign Envelope ID: 68982DC6-0510-4B3B-A036-EE12BE28C34B
Planning Commission Resolution No. PC2023-016 Page 15 of 15
01-17-23
Building Division
49. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements. Approval from the Orange County
Health Department is required before the issuance of a building permit.
DocuSign Envelope ID: 68982DC6-0510-4B3B-A036-EE12BE28C34B