HomeMy WebLinkAboutNewport Beach Brewing Company 2920 Newport BlvdCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item 3
May 4, 2006
TO: PLANNING COMMISSION
FROM: James Campbell, Senior Planner
(949) 644 -3210, icampbellCa�city .newoort- beach.ca.us
SUBJECT: Newport Beach Brewing Company
2920 Newport Boulevard
On April 20, 2006 under public comments, the Planning Commission received a letter
from The Cannery Village Concerned, which is a group of residents, property owners
and business persons in Cannery village, contending that the Newport Beach Brewing
Company is violating its Use Permit (Exhibit No. 1). The letter goes on to request that
the Use Permit be reviewed by the Planning Commission. The Commission requested
that a report be prepared.
Receive and file.
DISCUSSION
Background:
The current use was established in 1993 with the approval of Use Permit No. 3485. A
former market/deli was converted into the existing restaurant/brew pub and a 600
square foot outdoor patio was approved. The property is located at 2920 Newport Blvd.
in the Specialty Retail area of the Cannery Village /McFadden Square specific plan.
The Use Permit was approved subject to revisions of the off -site parking agreement
which would have allowed the applicant to use 29 parking spaces in the Cannery Village
Municipal parking lot prior to 5 p.m. However, at the Coastal Commission hearing in
July, the staff and Coastal Commission disagreed with the action that had been taken
by the City and it was their determination that the use of the 29 parking spaces in the
city lot would conflict with the public's ability to use the parking lot prior to 5 p.m.
Newport Beach Brewing Company
May 4, 2006
Page 2
The Coastal Commission approved a modified project subject to four conditions: 1) that
the applicant record a deed restriction which would allow not more than 1500 square
feet of service area being used prior to 5PM ; 2) that 41 off -site parking spaces will be
maintained between 6AM and 5PM and 67 off -site parking spaces between 5 p.m. and
2 a.m., (the 41 off -site parking spaces between 6AM and 5PM are on privately owned
property under the same ownership immediately adjacent to the brewpub and the
additional spaces would be in the Municipal lot prior to 5 p.m.; 3) that the City Council
rescind its earlier action allowing the use of the off -site parking spaces in the Municipal
lot prior to 5PM; 4) that the City will agree to enforce the restrictions on the area of
service (the 1500 square feet being used prior to 5PM). The City Council later modified
the project and conditions to conform to the Coastal Commission special conditions.
In September 1999, the City Council approved an amendment to the Use Permit to
allow Newport Beach Brewing Company full alcoholic beverage service as well as
amending Condition No. 7 related to the hours of operation on Fridays and Saturdays.
The final revised findings and conditions of approval are attached.
DISCUSSION
The letter Mr. Low presented to the Commission on April 20th was received back in
January of 2006. Since that time, Code Enforcement, Planning and Police Department
staff have been investigating and monitoring the use. Police and Code Enforcement
have meet with concerned residents and management of the Brewing Company. As a
result, the Brewing Company has been taking steps to reduce incidents that are
attributable to their patrons as well as to ensure that the use is operated in compliance
with condition. They have increased their efforts to control the parking area by
monitoring and controlling the people waiting to enter the establishment and they have
increased sweeps of the parking lot by security personnel.
The Police Department reports that there were 14 calls for services that are reasonably
attributable to the operation since June of 2005. Seven of the calls were for noise in the
parking lot. There was one fight at the establishment and one arrest of an unconscious
drunk man in the parking area although it is not known if the man was a patron at the
Brewing Company. The Police Department does not believe that the number of calls
and incidents are above average. The Department has stepped up patrols and is
monitoring the establishment. Checks to date have shown no violations of their ABC
license nor any violations of State law related to serving intoxicated or underage
individuals.
The Department of Alcoholic Beverage Control has been contacted and has informed
the City that they are conducting an investigation as a result of the complaints submitted
by Mr. Low. The investigation is not complete and staff will follow up with ABC staff and
will take action if appropriate.
Newport Beach Brewing Company
May 4, 2006
Page 3
Alleged Use Permit Violations
1. Condition No. 6- Net public area (NPA) limitation
This condition requires a reduction of net public area prior to 5PM weekdays.
Staff has monitored this condition periodically and has never observed a violation
as the portion of the dining area designated to be closed prior to 5PM has always
been closed. The condition does not apply to weekends.
The complaint indicates that the Coastal Commission special condition applies
daily and that the Condition No. 6 was not amended correctly to reflect what the
Coastal Commission requires. The Coastal Commission's condition requires that
a deed restriction be recorded and it makes no reference to when the net public
area restriction would apply. Staff has requested a copy from Coastal
Commission staff and will transmit it to the Commission when it is received. Prior
to Coastal Commission consideration, the City's original condition applied the
area limitation to weekdays and not weekends and this would have been the
starting point for discussion with the Coastal Commission. There is no record in
the City's possession to indicate that the Coastal Commission intended to limit
the net public area on weekends; however the deed restriction may shed some
light on the issue. When the City amended its conditions after Coastal
Commission action, the City maintained the NPA limitation to weekdays so one
can safely conclude that changing it was not an issue with the City at that time.
2. Condition No. 9 - Ancillary alcohol sales
The complaint does not provide any evidence of a violation. The condition does
not provide any method to gauge compliance. The condition could be modified in
the future to indicate a percentage of alcohol sales to food sales.
3. Condition No. 10 — Bar prohibition
This condition indicates that the allowed use is a "restaurant/brewpub" and it
prohibits the use from becoming a bar, cocktail lounge, or other use serving
alcoholic beverages during hours not corresponding to regular meal service. It is
staffs belief that the use remains primarily a restaurant/brewpub although the
use takes on characteristics of a bar during late evening hours. A strict
interpretation of this condition would prohibit alcohol sales outside traditional
meal times; however, the operation is open to 11 PM Sunday to Wednesday and
1 AM from Thursday to Saturday. The City has taken the position with similar
uses that so long as the operator provides full meal service when open, the use
would not be considered a bar. Staff understands that the operation has a limited
menu later in the evening primarily consisting of appetizers.
Newport Beach Brewing Company
May 4, 2006
Page 4
4. Condition No. 17 — BBQ usage and alcohol use in the parking lot
Condition No. 17 requires a special events permit for events or promotional
activities outside normal operational characteristics of the use that would attract
large crowds. The complaint speaks to the use of a BBQ and the consumption of
alcohol in the parking lot. The Use Permit does not prohibit the use of a BBQ and
the operator must not interfere with the use of the parking lot or exiting. The
consumption of alcohol by anyone outside of the building or patio is not
consistent with the operating characteristics and would constitute a violation.
5. Condition D — Objectionable conditions
The complaint indicates many objectionable activities. As noted previously, the
operator has agreed to monitor and moderate the activities in the parking lot.
Further monitoring of the operator's efforts is needed. Some of the complaints
regarding patron behavior are violations of law and if witnessed, the Police
Department should be summoned. Due to the fact that the Police Department
cannot patrol the establishment as often as possibly necessary, uniformed
security in addition to the bouncers on the busiest nights may be considered.
With regards to the trash area and trash dumping, the operator indicates that
they have instructed their employees to secure the trash area and dump trash in
a more sensitive manner. The trash dumpster is not located in a superior location
as newly constructed residential units, including Mr. Low's unit, are located in
close proximity. One simple way to eliminate trash dumping noise after hours is
to prohibit it with a new condition. Trash would then need to be stored within the
building or possibly on the patio overnight and dumped in the morning as a
reasonable hour assuming that this practice is consistent with the Health
Department rules. Staff is looking into the possibility of relocating or covering the
trash enclosure.
6. Condition E — grounds maintenance
This condition requires the operator to remove all trash or debris from the
property and sidewalks daily. The operator indicates that they will ensure
compliance with this condition. Staff has visited the site on several occasions
since receiving the initial complaint letter and found the site to be free of trash as
required.
7. Condition F — Employee alcohol service training
The operator has been directed to submit evidence of compliance with this
condition.
Newport Beach Brewing Company
May 4, 2006
Page 5
Summary
The complaint indicates that the operator has no regard for the neighborhood. Staffs
collective impression is that this statement is not correct as the operator has been
responsive to addressing the nuisances that do occur from time to time at the
establishment.
The complaint is correct in that the Cannery Village is a neighborhood in transition.
Several mixed use projects have been built and occupied in the immediate area of the
NBBC and staff believes that the trend will continue. Staff does not agree with the
complainant's contention that the Council erred in the approval of this operation. The
NBBC has been co- existing fairly well, although not perfectly, with the neighborhood
since 1993. Staff agrees with the complainant in that the immediate neighborhood is
changing with the introduction of additional residents. The neighborhood is a mixed use
neighborhood in which nuisances do and will occur more often than purely residential
neighborhoods.
The applicant is aware of fact that it is their responsibility to be a good neighbor as well
as the fact that they must comply with the Use Permit. They have been responsive to
living up to their obligations and staff believes that continued monitoring is needed.
The City will continue to monitor the situation and take enforcement actions necessary
to ensure compliance with the Use Permit.
Potential courses of action
The Planning Commission can set this use permit for review and possible amendment
or revocation at a future noticed public hearing. This agenda item is for discussion
purposes only and no amendments to the conditions can be made at this time.
Prepared by: Submitted by:
� � W(29WLA -
es Campb II, Senior Planner
Attachments:
. E��4
Patricia L. Temple, Planning Director
1. Complaint letter from The Cannery Village Concerned
2. Current conditions of approval
The Cannery Vlllage Concerned
A group of residents, property owners and business persons In the Cannery Vlllage
January 25, 2006
City of Newport Beach
330 Newport Boulevard
Newport Beach, California 92663
Attn: Code Enforcement
Police Department
Planning Commission
RE: Newport Beach Brewing Company
2920 Newport Boulevard, Newport Beach
Use Permit Number 3485 (9/13/1999)
Dear Sir /Madame:
The purpose of this letter Is to request compliance enforcement with "Use Permit" number 3485,
Issued to the Newport Beach Brewing Company and a formal request for a "Use Permit" review by
the Planning Commission.
BACKROUND•
The Newport Beach Brewing Company, hereinafter referred to as (NBBC), operates a restaurant/pub
at the above location, which was established on or about 1990. The most recent "Use Permlt" was
granted In 1999, subsequent to a request by NBBC to add an ABC No. 75 alcohol license, which
allowed the NBBC to add hard liquor, over and above, beer and wine (ABC type 23 license) at the
subject location. The Planning Commission denied the request. The request was overturned and
approved by the City Council.
The applicant's main argument for the addition of the ABC 75 alcohol license as stated by Keith
Vohr, a shareholder In the NBBC; "the Idea of adding alcohol service Is to stay competitive and
Improve the restaurant." Additionally, the applicant represented "We have from day one attempted
to be more of a restaurant than a bar." And "We are not and do not have any desires to become a
nightclub .. And Rot Salomon, the owner of NBBC stated "i live In the area and will do everything
possible to maintain harmony." And Mike Madlock, vice president of NBBC, represented "As a local
resident, I want to keep peace In the neighborhood. One of the problems that existed In the past Is
being taken care of with the closing of Snug Harbor and the Cannery Restaurant." (Above quotes
from Planning Commission minutes August 5, 1999 and "Supplemental Information for Agenda
kern No. 17 dated 9/13/99. Both documents are enclosed).
Upon the representations of the applicant, the Planning Commission and the California Coastal
Commission Imposed conditions upon the applicant's "Use Permit:" The Planning Commission and
the California Coastal Commission anticipated the "parade of horribles" with respect to the
neglectful behavior of the NBBC, however, after Planning Commission denial and an appeal by the
NBBC, the City Council approved the NBBC request The City Council did not fully consider the needs
of the Cannery Village "mixed use community In transition and was over optimistic with respect to
Exhibit No. 1
the operators of the NBBC and the adverse Impact of the NBBC to the health, safety, peace, morals,
comfort and general welfare of the community.
ERROR IN "USE PERMIT"•
The California Coastal Commission Imposed conditions on the NBBC. The conditions are
Incorporated In the "Coastal Development Permit" dated January 21,1994. (Copy enclosed) Under
"Special Conditions" Item 1. "Deed Restriction Limiting Daytime Use" specifically states "... no
more than 1,500 square feet of service area of the subject ne;ttaurant/brewpub shall be open before
5 p.m"
The California Coastal Commission, at It's meeting in July 1993, made a determination that the
offsite parking agreement between the NBBC and the City of Newport Beach "would conflict with the
public use of the same spaces prior to the hour of 5 p.m. and therefore took action to modify the
approval, subject to four conditions ... 4) that the City will agree to enforce the restrictions of the
area of service (the 1500 square feet being used prior to 5 p. m.p. (quote from the City of Newport
Beach Council meeting minutes of September 27, 1993 volume 47 pages 253 & 254 (copy
enclosed)).
Furthermore, When Mayor Turner opened the public hearing on "Use Permit" number 3485, he
specifically stated "reduce the allowable daytime "net public area" to 1500 square feet before 5:00
p.m." (Council Meeting minutes Volume 47 page 253 Item 9). "James Person, representing the
applicant, stated they feel this Is a reduction of intensity of use from the time it was approved by the
City Council last March; however they do agree to the conditions of approval Imposed by both the
City and the Coastal Commission." (Council Meeting minutes September 27,1993 Volume 47 page
254).
The "Use Permit" as executed on September 13, 1999 (copy enclosed) mistakenly, in condition
number 6, only restricts the 1500 square feet of net public area devoted to daytime use on Monday
through Friday. It does not Include Saturday and Sunday which was a specific condition of the
California Coastal Commission and the City Council. We are unable to find any evidence to the
contrary.
Therefore, we request a review of "Use Permit" 3485 to correct the serious error in the wording of
the "Use Permit" and the Planning Commission needs to review the "Use Permit" to ensure that the
health, safety, peace, morals, comfort and general welfare of the community are protected.
JURISDICTION and CONTROL:
The City of Newport Beach has jurisdiction over the NBBC and Is obligated to enforce the conditions
of the "Use Permir Imposed by the City of Newport Beach and the California Coastal Commission.
The City of Newport Beach has control over the NBBC and may review the "Use Permit" under section
(K) of said permit.
K The Planning Commission may add or modify conditions of approval to this use
permit upon a determination that this use permit causes Injury, or Is
detrimental to the health, safety, peace, morals, comfort, or general welfare of
the community.
POLICE DEPARTMENT COMPLAINTS;
The Newport Basch Police Department has been called repeatedly to correct Infractions and
disturbances by the NBBC. The police department generally responds to the complaints by residents,
property owners and business persons. it Is clear the police department Is "numb" and the
neighborhood Is "frustrated and outraged" from the frequent Infractions and disturbances; however,
it Is not acceptable that most police officers cannot do very much to resolve the complakrts and
verbally respond to the neighborhood by saying "you should not live next to a bar." We respect the
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authority of the Police Department; however, the rights of all parties deserve the protection afforded
by the applicable codes and laws.
SPECIFIC CRITICAL VIOLATIONS;
The NBBC blatantly violates, on a continual basis, several conditions of the "Use Permit." Residents,
property owners and business persons have attempted to effectuate responsible cooperation and
adherence to the "Use Permit" by way of open dialogue with the owners and management of the
NBBC. The dialogue falls on deaf ears. No change has occurred.
A copy of the "Use Permit" Is enclosed and Incorporated with this document.
The specific violations are as follows:
1. Condition 6. The NBBC operates In a net public area greater than 1500
square feet prior to 5 pm daily. Routinely (weekends), and during special
events sponsored by the NBBC (televised sporting events, e.g. college
sports, Super Bowl and World series, to mention a few) there is total
disregard for this condition.
2. Condition 9. The operation of the NBBC and the service of alcoholic
beverages is not ancillary to the primary food service operation.
3. Condition 10. The NBBC is a "bar, cocktail lounge, or other use serving
alcoholic beverages . .
4. Condition 17. The NBBC routinely Cooks with a BBQ outside the front
door (by the parking lot) on Saturdays and Sundays. Patrons and
employees are permitted to consume alcoholic beverages in the parking lot
during the "food service" operation from the BBQ.
S. Condition D. The NBBC has failed to correct objectionable conditions
that constitute a nuisance In the parking areas, sidewalks, alleys and areas
surrounding the alcoholic beverage outlet and adjacent properties.
a. The NBBC allows a noisy "cue -up" line in the parking lot In the
day and night which can swell to 75 patrons, or more, waiting
to gain entrance to the establishment. The patrons "scream
and yell" in a party atmosphere waking to gain entrance.
b. There are no toilet facilities for the crowd. The patrons
routinely vomit, urinate and defecate In the surrounding
residences and business properties.
a Patrons have been observed In various sexual acts In the
stairways and corners of adjacent properties. Panties and bras
are often found on the adjacent properties In the mornings.
d. Destruction, by the drunken patrons, to private property and
the residences and businesses Is a common occurrence.
e. Since smoking is not permitted In the building, patrons are
Instructed and permitted to smoke tobacco In the parking lot.
The patrons continue the "party atmosphere" with no regard
for the peace or general welfare of the neighbors.
f. Patrons loiter in the parking lot and adjoining areas,
%creaming and yelling" sometimes for hours after the
establishment closes. This prevents residents from sleeping In
their homes usually until 3 am on Friday and Saturday and 1
am on many weekdays. The loitering of ovemerved patrons
often erupts Into fights and confrontation.
IR
g. The trash containers are full and left open. The disposal of
"hops and barley" from the brewing operation are left open for
the birds to eat at their leisure. The odor is disgusting. The
procedure of 'cleaning up" the bar operation results In bottles
and trash being dumped by employees well after the NBBC
hours of operation have expired.
S. Condition E. The parking lot and surrounding areas are riddled with
litter and trash which requires the residents and business owners to pick up
trash continually to maintain an acceptable environment.
6. Condition F. The employees of the NBBC do not receive their
certified training as required by the "Use Permit.-
The NBBC allows unbearable conditions to exist, all of which are critical violations of the "Use
Permit." The NBBC has no regard for their neighbors or neighborhood.
In the spirit of •peaceful coexistence" and WIRY* RY* the City of Newport Beach, the Alcohol and
Beverage Control, The California Coastal Commission and the Newport Beach Police Department
must act promptly and effectively to restore order to the neighborhood.
Sincerely,
The Cannery Village Concerned
ca Alcohol and Beverage Control
California Coastal Commission
E7mrr uB"
FINDINGS AND CONDITIONS FOR APPROVAL
FOR
USE PERMIT NO. 3485 (AMENDED)
APPRovED BY CITY CouNaL 09/13/1999
FINDINGS:
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1. The Land Use Element of the General Plan designates the site for "Retail and
Service Commercial' uses and a restaurant/brewpub is considered a permitted
use within this designation.
2. The project is located within the Cannery Village/McFadden Square Specific
Plan (SP -6) - Specialty Retail (SR) District that permits eating and drinking
establishments with a use permit.
3. On -sale alcoholic beverage outlets are permitted with the approval of a use
permit.
4. This project has been reviewed, and it has been determined that it is
categorically exempt from the requirements of the California Environmental
Quality Act under Class I (Existing Facilities).
5. The approval of the amendment to Use Permit No. 3485 to allow a full on -sale
alcoholic beverage service will not, under the circumstances of the case, be
detrimental to the health, safety, peace, morals, comfort and general welfare of
persons residing or working in the neighborhood or be detrimental or injurious to
property or improvements in the neighborhood or the general welfare of the
City, for the following reasons:
■ The restaurant/brewpub use is compatible with
the surrounding commercial and nearby
residential uses since eating and drinking
establishments are typically allowed in mixed
commercial districts.
■ Conditions have been added to address potential
problems associated with traffic, parking, trash
disposal, odors, and unsightly conditions.
■ A Condition has been added to require a special
events permit for any event or promotional
activity outside the normal operational
characteristics of this restaurant business.
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Exhibit No. 2 /p
b. The proposed project is consistent with the purpose and intent of Chapter 20.89 of
the Zoning Code (Alcoholic Beverage Outlets) for the following reasons:
■ The convenience of the public will be served by the sale of distilled
beverages in a restaurant/brewpub setting.
■ The project is in an area where the crime rate exceeds the citywide
average by more than 20 %. However, there is no evidence that this
high crime rate is attributable to the proposed project.
The number of alcohol licenses per capita in the reporting district and
adjacent reporting districts is above the average for Orange County.
However, the project has the only alcohol license for a brewpub, and
the convenience of the public can be served by the sale of distilled
spirits in a restaurantlbrewpub setting.
■ The percentage of alcohol- related arrests in the reporting district in
which the project is proposed and in the adjacent reporting district is
higher than the percentage of alcohol - related arrests citywide.
However, there is no evidence that the alcohol- related arrests are
attributable to the project.
No day care centers, places of religious assembly, park and
recreation facilities, or schools are located in the vicinity of the
project site. Residential uses are located in the vicinity of the
project site. However, the project has been conditioned so as to
address any potential impacts.
CONDITIONS:
1. The proposed development shall be in substantial conformance with the approved site
plan, floor plan and elevations, except as noted below.
2. That a covenant or other suitable, legally binding agreement shall be recorded against
the off -site parking lot assuring that all of the requirements of Section 20.63.080 (I) of
the Municipal Code, will be met by the current and future property owners. Said
covenant or agreement may include provisions for its future termination at such time
as the development on the building site is removed or at such time as the floor area
devoted to the restaurant/brewpub reverts back to a base FAR use.
3. The applicant shall provide a minimum of one parking space for each 50 square feet
of net public area before 5:00 p.m. and one parking space for each 40 square feet of
net public area after 5:00 p.m. in conjunction with the restaurant/brewpub.
4. An amended off -site parking agreement shall be approved by the City Council,
guaranteeing that a minimum of 41 parking spaces shall be provided on property
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located on .Lots 18 -21 and portions of Lots 17 and 22, Block 230, Lancaster's
Addition, for the duration of the existing and proposed uses located on Parcel 1,
Parcel Map 9240 (Resubdivision No. 527).
5. The property owner shall pay for 29 in -lieu parking spaces in the Cannery Village
Municipal Parking Lot on an annual basis for the nighttime operation (after 5:00
p.m.) of the restaurant/brewpub use as agreed upon by the Sales Agreement between
the City of Newport Beach and the property owner.
6. The net public area of the restaurant/brewpub, which is devoted to daytime use
Monday through Friday (prior to 5:00 p.m.) shall be limited to 1,500 square feet. The
balance of the net public area shall be physically closed off to the public by a fixed
barrier and shall not be used until after 5:00 p.m. daily.
7. The hours of operation for the restaurant/brewpub shall be limited to the hours
between 6:00 a.m. and 11:00 p.m. Sunday through Thursday and between 6:00 a.m.
and 1:00 a.m. on Friday and Saturday.
8. All employees shall park either in the privately owned off -site parking area or in one
of the municipal parking lots in the area.
9. The operation of the brewery and the service of alcoholic beverages shall be ancillary
to the primary food service operation of the restaurant.
10. The approval of this use permit is for a restaurant /brewpub and shall not be construed
as the approval of a bar, cocktail lounge, or other use serving alcoholic beverages
during hours not corresponding to regular meal service hours (food products sold or
served incidentally to the sale or service of alcoholic beverages shall not be deemed
as constituting regular meal service) nor as the approval of a cabaret, nightclub, or
other use with the principal purpose of providing live entertainment and/or dancing.
11. No outdoor loudspeakers or paging system shall be permitted in conjunction with the
proposed location.
12. A washout area for refuse containers shall be provided in such a way as to allow
direct drainage into the sewer system and not into the Bay or storm drains, unless
otherwise approved by the Building Department.
13. Kitchen exhaust fans shall be designed to control smoke and odor to the satisfaction
of the Building Department.
14. All mechanical equipment and trash areas shall be screened from surrounding public
streets and alleys and adjoining properties.
15. The development standards regarding walls surrounding the restaurant site and
underground utilities shall be waived.
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16. Should prerecorded music be played within the restaurant facility, such music shall be
confined to the interior of the building, and all doors and windows shall be kept
closed while such music is played.
17. A special events permit is required for any event or promotional activity outside the
normal operational characteristics of this restaurant business 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.
18. Should this business 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 company.
STANDARD CITY RFOUIREMENTS:
A. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
B. Signs and displays shall not obstruct the sales counter, cash register, seller and
customer from view from the exterior.
C. Loitering, open container, and other signs specified by the Alcoholic Beverage Control
Act shall be posted as required by the ABC.
D. The applicant shall take reasonable steps to discourage and correct objectionable
conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas
surrounding the alcoholic beverage outlet and adjacent properties must be taken
during business hours if directly related to the patrons of the subject alcoholic
beverage outlet.
E. The exterior of the alcoholic beverage outlet 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.
F. All owners, managers and employees serving and/or selling alcoholic beverages shall
undergo and successfully complete a certified training program in responsible methods
and skills for serving and selling alcoholic beverages. To qualify to meet the
requirements of this section a certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying/licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 180 days of the issuance of the
certificate of occupancy.
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G. The project.will comply with the provisions of Chapter 14.30 of the Newport Beach
Municipal Code for commercial kitchen grease disposal.
H. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code.
I. This use permit for an alcoholic beverage outlet granted in accordance with the terms of
this chapter shall expire within 12 months from the date of approval unless a license has
been issued or transferred by the California State Department of Alcoholic Beverage
Control prior to the expiration date.
J. Coastal Commission approval shall be obtained prior to issuance of any building
permits.
K. The Planning Commission may add to or modify conditions of approval to this use
permit upon a determination that this use permit causes injury, or is detrimental to the
health, safety, peace, morals, comfort, or general welfare of the community.
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