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HomeMy WebLinkAboutZA2017-090 - MUP FOR A FOOD SERVICE AND EATING AND DRINKING ESTABLISHENT WITH A TYPE 41 (BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE, OUTDOOR DINING WITH NO LATE HOURS AT 3232 VIA OPORTO SUITE 104RESOLUTION NO. ZA2017-090 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2017-025 FOR A FOOD SERVICE EATING AND DRINKING ESTABLISHMENT WITH A TYPE 41 (BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE, OUTDOOR DINING WITH NO LATE HOURS AT 3432 VIA OPORTO SUITE 104 (PA2017-189) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dawn Simone for Lido Group Retail, LLC, with respect to property located at 3432 Via Oporto, and legally described as Lot 24 and northwesterly half of Lot 23 in Tract 1622 in the City of Newport Beach, County of Orange requesting approval of a minor use permit. 2. The applicant proposes to operate a food service, eating and drinking establishment including a Type 41 (Beer and Wine) Alcoholic Beverage Control (ABC) license, an outdoor dining area, with no late hours. 3. The subject property is located within the MU-W2 (Mixed-Use Water Related) Zoning District and the General Plan Land Use Element category is MU-W2 (Mixed-Use Water Related). 4. The subject 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. 5. A public hearing was held on November 16, 2017 in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15315, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Zoning Administrator Resolution No. ZA2017-090 Page 2 of 14 07-11-17 proposed project involves the interior alteration of an existing commercial building. Therefore, the project qualifies for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code, 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 Section 20.48.030 of the Zoning Code, 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. 1. The Part One Crimes Rate in Reporting District 15 (RD 15) is higher than the Part One Crimes Rate for the City and adjacent districts. The crime rate in RD15 is 243 percent above the Citywide reporting district average. 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. While the area does have a high concentration of alcohol licenses, the findings can be made despite higher concentrations of crimes and Lido Marina Village was designed to accommodate restaurants. The service of alcoholic beverages would provide additional menu options for customers and would enhance the economic viability of the business . 2. The Police Department has reviewed the proposal, provided operating conditions of approval, and has no objection to the addition of the alcoholic beverage license subject to appropriate conditions of approval. The operation of the establishment includes the approved floor plan with no separate bar counter or area and a closing hour of 10 p.m. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. The total number of alcohol-related calls for service, crimes, or arrests in RD 15 is higher than RD 13, RD 16 and 25. The subject property has zero calls for service. The Police Department has reviewed the proposal and has no objection. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other s imilar uses, and any uses that attract minors. Zoning Administrator Resolution No. ZA2017-090 Page 3 of 14 07-11-17 1. The subject property is located in a mixed-use district where residential development is permitted above the first floor. However, Lido Marina Village does not include any residential development and there are no plans to add mixed-use. 2. A mixed-use development that includes two residential units is located approximately 375 feet to the south along Via Oporto. Residential properties are located approximately 430 feet to the west across Newport Boulevard. Ad ditionally, multi-family residential development is located 625 feet northeast of the Property across Newport Harbor. 3. The nearest place of recreation, the beach, is located approximately one half mile to the west. The nearest church, St. James Episcopal Church, is located 1,050 feet to the south of the subject property along Via Lido. The nearest school, Newport Elementary School, is located approximately one mile to the southeast along West Balboa Boulevard. The project site is not located in close proximity to a daycare center. The proposed use is otherwise surrounded by other commercial retail and office uses. 4. 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. This location in Lido Marina Village has greater distance from sensitive land uses than other commercial areas. 5. Eating and drinking establishments with incidental alcohol service are common in Lido Marina Village and the proposed ABC license in conjunction with an early closing hour is not anticipated to alter the operational characteristics of the use such that it becomes detrimental to the area. The draft resolution includes conditions of approval 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 Lido Marina Village was designed to accommodate multiple restaurants and the proposed restaurant is expected to be located in close proximity to other food service establishments. This includes a recently approved application for Nobu, a food service with late hours, outdoor dining, and a Type 47 (On Sale General) alcohol license located at 3450 Via Oporto. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. 2. The per capita ratio of one license for every 69 residents is higher than the adjacent districts and the average ratio for Orange County. This is due to the higher concentration of commercial land uses, alcohol licenses attributed to adjacent marina operations, lower number of residential properties, and high number of rest aurants in Lido Marina Village, Cannery Village, and McFadden Square. While the proposed restaurant is located in close proximity to other establishments, the location in Lido Marina Village, an established commercial area, together with the proposed operational characteristics would make the service of alcoholic beverages appropriate. Zoning Administrator Resolution No. ZA2017-090 Page 4 of 14 07-11-17 v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. The existing commercial building has been vacant since renovations of Lido Marina Village began at the end of 2013. The draft resolution has been conditioned to require building improvements to bring the building into compliance with Building and Fire Code requirements. 2. The project has been reviewed and conditioned to hel p ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the establishment. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 3. The existing hours of operation of the establishment will minimize the potential effects on land use. The establishment closes by 10 p.m., daily, which will ensure the use does not become a late night bar, tavern, or nightclub. 4. The resolution includes conditions of approval to limit objectionable conditions related to noise and trash from the establishment. All employees serving alcohol will be required to be at least 21 years of age and receive ABC -required Licensee Education on Alcohol and Drugs (LEAD) or Responsible Beverage Service (RBS) training In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) General Plan and CLUP land use designations apply 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 the subject property and surrounding development does not include residential uses, the proposed eating and drinking establishment is consistent with the visitor-serving land uses intended for the MU-W2 (Mixed-Use Water Related) land use designation of the General Plan and CLUP. 2. The requested outdoor dining patio hours are compatible with the goals established for Lido Marina Village. Land Use Goal 6.9 (Lido Village) of the General Plan emphasizes the need for “a pedestrian-oriented village environment that reflects its waterfront Zoning Administrator Resolution No. ZA2017-090 Page 5 of 14 07-11-17 location, providing a mix of uses that serve visitors and local residents.” The proposed outdoor dining patio provides an amenity for coastal visitors to enjoy the bay frontage. 3. Land Use Element Policy LU5.2.2 (Buffering Residential Areas) suggests that commercial uses adjoining residential neighborhoods should be designed to be compatible and minimize impacts to these uses. There is no dancing or live entertainment proposed and the only music will be ambient or background music . 4. The Circulation Element Goal 7.1 (Parking) is to ensure that an adequate supply of convenient parking is available throughout the City. Analysis provided b y the Lido Marina Village Parking Demand Analysis and in accordance with the approved Parking Management Program (Use Permit No. UP2014-014) demonstrates that an adequate supply of parking will be provided based upon the shared use of parking within Lido Marina Village. 5. Pursuant to Coastal Land Use policies the project will provide public access via a public walkway along the water front with a width of minimum 6-feet along bay and vertical. 6. The subject property is not a 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 this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The MU-W2 (Mixed-Use Water Related) zoning district 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 . Eating and drinking establishments classified as Food Service, Late-Hours require the approval of conditional use permit within the MU-W2 (Mixed-Use Water Related) Zoning District. 2. Section 20.48.090.F.3.b (Eating and Drinking Establishments, Outdoor Dining) also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The outdoor dining patio closing hour of 10 p.m., daily, will minimize noise impacts to residents located across Newport Harbor. 3. The proposed use and required parking is consistent with the Lido Marina Village Parking Management Program authorized under Use Permit No. UP2014-014. 4. As conditioned, the proposed project will comply with Newport Beach Municipal Code standards for eating and drinking establishments. 5. The eating and drinking establishment is consistent with the Lido Marina Village Design Guidelines. The renovation of the existing establishment will support local establishments within Lido Marina Village and improve the pedestrian streetscape. Zoning Administrator Resolution No. ZA2017-090 Page 6 of 14 07-11-17 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 commercial space is being improved with a new kitchen, a small dining area, and a small outdoor dining area. There is an existing common restroom shared between first floor suites. The existing infrastructure is adequate to accommodate the new eating and drinking establishment. The location is compatible with other commercial uses in the area and serves as a key restaurant anchor within Lido Marina Village. The eating and drinking establishment also serves as an important visitor -serving use that benefits the area, which is in furtherance of the City’s Coastal Land Use Plan and the Coastal Act. 2. The subject property is located in a relatively dense commercial village area with multiple uses within a short distance of each other. Lido Marina Village is conducive to a significant amount of walk-in patrons. No on-site parking is available for the subject property but adequate parking is provided in the Lido Marina Village parking structure and adjacent streets (Central Avenue and Via Oporto) as authorized under the approved Parking Management Program for Lido Marina Village (Use Permit No. UP2014-014). 3. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables and counter areas to accommodate 20 interior seats and 10 outdoor dining patio seats. The hours of operation have been limited to stagger and minimize the demand for police services in the area. The applicant is required to maintain substantial conformance with the approved floor plan in conjunction with a Type 41 (On Sale Beer and Wine) alcohol license so that the restaurant’s primary use is an eating and drinking establishment and not a bar, lounge, or night club. Live entertainment is not permitted. 4. The proposed use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Newport Beach Municipal Code Section 20.30.070 (Outdoor Lighting). 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 site is located within an existing commercial building with the sp ace previously used for retail. The interior construction for the small scale establishment Zoning Administrator Resolution No. ZA2017-090 Page 7 of 14 07-11-17 includes a new kitchen and dining area, and an outdoor dining area. The design, size, location, and operating characteristics of the use are compatible with the surrounding Lido Marina Village development. 2. Adequate public and emergency vehicle access, public services, and utilities are provided for on-site. 3. The design of the tenant improvements will comply with all Building, Public Works, and Fire Codes, and will be approved by the Orange County Health Department. 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 tenant improvements to the existing commercial building should have a positive impact on the area and may promote further revitalization of commercial properties located in Lido Marina Village. The eating and drinking establishment will serve the surrounding community. 2. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent p ossible. Turning music at the patio off at 10 p.m. will ensure the restaurant will remain in compliance with Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code . 3. The project includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours reduce impacts to surrounding land uses and sufficient parking is available in the area to accommodate the eating and drinking establishment. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2017-025, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. Zoning Administrator Resolution No. ZA2017-090 Page 8 of 14 07-11-17 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF NOVEMBER, 2017. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2017-090 Page 9 of 14 07-11-17 EXHIBIT “A” CONDITIONS OF APPROVAL PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Minor Use Permit No. UP2017-025 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This Minor Use Permit may be modified or revoked by the Zoning Administrator 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, shall require an amendment to this Minor Use Permit or the processing of a new Minor Use Permit. 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 building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 9. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the 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 Zoning Administrator Resolution No. ZA2017-090 Page 10 of 14 07-11-17 architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit 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 restaurant (interior and exterior) shall be of the restaurant shall be limited between 9 a.m. to 10 p.m., daily. 12. That the “net public area” shall not exceed 295 square feet for the interior of the subject restaurant facility. 13. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 129 square feet in area. 14. The height of the boundary wall of the accessory outdoor dining area shall be marked on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 15. There shall be no dancing allowed on the premises. 16. Live entertainment shall not be permitted unless an amendment to this Use Permit is approved and the operator has obtained a live entertainment permit from the Revenue Division. 17. The installation of roof coverings shall not have the effect of creating a permanent enclosure of the outdoor patio area. The use of umbrellas for shade purposes shall be permitted. The use of any other type of overhead covering shall be subject to review and approval by the Community Development Director and may require an amendment to this permit. 18. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 19. No temporary “sandwich” signs shall be permitted, either on-site or off-site, to advertise the restaurant facility. Temporary signs shall be prohibited in the public right-of-way unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 20. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting ). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 21. 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 Zoning Administrator Resolution No. ZA2017-090 Page 11 of 14 07-11-17 comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: Between the hours of 7 a.m. and 10 p.m. Between the hours of 10 p.m. and 7:00 a.m. 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 22. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7 a.m. and 6:30 p.m., Monday th rough Friday and 8 a.m. and 6 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 23. An outdoor sound system shall be permitted within the outdoor dining areas for music played at a background level. Music on the outdoor dining patios shall be turned off at 10 p.m. daily. Sound shall adhere to Chapter 10.26 of the Newport Beach Municipal Code. 24. 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. 25. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 26. All trash shall be stored within the building, except when placed for pick-up by refuse collection agencies. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). Zoning Administrator Resolution No. ZA2017-090 Page 12 of 14 07-11-17 27. Trash receptacles for patrons shall be conveniently located inside of the establishment. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 28. 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. 29. 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 Circle Hook Minor Use Permit including, but not limited to, Minor Use Permit No. UP2017-025. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department Conditions 30. All customers must vacate the establishment 30 minutes after closing. 31. The approval is for an eating and drinking establishment with on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 41 (on-sale beer and wine) license, in conjunction with the restaurant as the principal use of the facility. 32. All owners, managers, and employees must abide by all requirements and conditions of the Alcoholic Beverage License. 33. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 34. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 35. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. Zoning Administrator Resolution No. ZA2017-090 Page 13 of 14 07-11-17 36. There shall be no reduced price alcoholic beverage promotions after 9 p.m. 37. No off-sales of alcohol shall be permitted. 38. 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 de mand. 39. 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. 40. “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). 41. 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. 42. There shall be no on-site radio, television, video, film, or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 43. 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. 44. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the s tandards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner’s, manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 45. Strict adherence to maximum occupancy limits is required. Zoning Administrator Resolution No. ZA2017-090 Page 14 of 14 07-11-17 46. The applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. Fire Department Conditions 47. A hood fire suppression system shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. California Fire Code Section 609.2. Building Division Conditions 48. The applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 49. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 50. 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. Public Works Conditions 51. Along the Bayfront, the minimum 6-foot pedestrian easement including vertical shall remain open and clear of all obstructions including the outdoor dining area.