Loading...
HomeMy WebLinkAbout2074 - CUP for Mama D's Restuarant reducing the required parking and allowing alcohol sales and serivce with no late hours - 2732 East Coast HighwayI *Ptel -tyl d 161,ki Wk,►101wilirt, I A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. UP2017-022 REDUCING THE REQUIRED PARKING AND ALLOWING THE ESTABLISHMENT OF A NEW RESTAURANT (MAMA D'S) WITH ALCOHOL SALES AND SERVICE AND NO LATE HOURS LOCATED AT 3732 EAST COAST HIGHWAY (PA2017-162) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1 An application was filed by Laidlaw Schultz Architects ("Applicant"), with respect to property located at 3732 East Coast Highway, and legally described as Lot 4, Block W of Tract No. 323, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 14, Page(s) 40 and 41 of Miscellaneous Maps in the Office of the County Recorded of said Orange County, requesting approval of a conditional use permit. 2. The Applicant proposes a new restaurant (food service, eating and drinking establishment) in the former Sweet Lady Jane's Bakery tenant space. The Conditional Use Permit is required to allow additional seating, the sale and service of alcohol with a Type 41 (On - Sale Beer and Wine — Eating Place) Alcoholic Beverage Control (ABC) license, and an adjustment to the parking requirement. No late hours (beyond 11 p.m.) are requested as part of this application. 3. The subject property is designated Corridor Commercial (CC) by the General Plan Land Use Element and is located within the Commercial Corridor (CC) Zoning District. 4. The subject property is not located within the coastal zone. 5. In accordance with Newport Beach Municipal Code ("NBMC") Section 20.20.020 (Commercial Zoning Districts, Land Uses and Permit Requirements), food service uses within 500 feet of a residential zoning district require the approval of a use permit in the CC Zoning District. 6. A public hearing was held on December 7, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code Planning Commission Resolution No. 2074 Paae 2 of 14 of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the ongoing use of existing buildings where there is negligible or no expansion of use. The proposed project involves interior alterations to a restaurant. The existing tenant space will be remodeled with approval of a tenant improvement building permit. SECTION 3. REQUIRED FINDINGS. In accordance with NBIVIC Section 20.48.030(C)(3) (Alcohol Sales), the following finding and fact in support of such finding are set forth: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales of the Zoning Code. Facts in Support of Finding: In finding that the proposed use is consistent with NBMC Section 20.48.030, the following criteria must be considered: The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. The subject property is located in Reporting District 44 (RD 44). The Part One Crimes (Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report — homicide, rape, robbery, aggravated assault, burglary, larceny -theft, auto theft, and arson) crime rate in RD 44 is higher than adjacent RD 43, RD 45 and RD 47, which are predominantly residential, and lower than the Citywide average. 2. The Police Department has reviewed the proposal, provided operating conditions of approval, and has expressed no objection to the alcoholic beverage license subject to the attached conditions of approval. The operation of the establishment includes the approved floor plan with no separate bar counter or area and a closing hour no later than 11 p.m. (i.e., no patrons within the establishment after 11:30 p.m.). ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. The total number of alcohol-related calls for service, crimes, or arrests in RD 44 is higher than adjacent RDs 43, 45 and 47. These reporting districts are primarily comprised of residential properties, so the lower amount of alcohol-related incidents is expected. The Police Department has reviewed the proposal and has no objection. 07-11-17 Planning Commission Resolution No. 2074 Page 3 of 14 2. In 2016, two calls for service representing less than one percent of all calls for service in the RD were reported at the subject property. All calls for service were not specifically related to the existing restaurant and were only listed for geographical purposes. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. The restaurant will be located in a renovated commercial building fronting East Coast Highway. There are two nonconforming residential units above the tenant space, which are not be permitted in the CC Zoning District. The properties immediately across the alley to the north of the project site are within the Two -Unit Residential (R-2) Zoning District. Primary access to the restaurant will be from the East Coast Highway frontage away from the residential neighborhood. 2. The property is not located within close proximity to any day care centers, hospitals, park and recreation facilities, places of worship, schools, or similar uses that typically attract minors. 3. The nature of the commercial corridor along East Coast Highway in the Corona del Mar area is to provide goods, services, and entertainment, including eating and drinking establishments, which are designed to foster pedestrian activity. The proposed restaurant will occupy a tenant space formerly occupied by another food service, eating and drinking establishment (Sweet Lady Jane's Bakery). iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. The closest establishment selling alcoholic beverages is Five Crowns Restaurant to the southeast across East Coast Highway. Several other full service restaurants and bars with alcohol licenses operate to the west of this project site; however, those uses are spread out along the corridor. The next closest is El Cholo Restaurant, which is approximately 600 feet away and separated by several multi -tenant commercial buildings as well as Poinsettia and Orchid Avenues. v. Whether or not the proposed amendment will resolve any current objectionable conditions. No objectionable conditions are presently occurring at the site. 2. The project has been reviewed and conditioned to help ensure that the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales) 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 07-11-17 Planning Commission Resolution No. 2074 Pape 4 of 14 of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol related impacts. 3. The hours of operation of the establishment will minimize the potential effects on land use. The establishment would close no later than 11 p.m., daily, which will help to ensure the use does not become a late night establishment, bar, tavern, or nightclub. In accordance with Subsection 20.52.020(F) (Findings and Decision), the following findings and facts in support of such findings are set forth: B. The use is consistent with the General Plan and any applicable Specific Plan. Facts in Support of Finding: The General Plan land use designation for this site is Corridor Commercial (CC). The CC designation is intended to provide a range of neighborhood -serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. A restaurant is permissible in the Zoning Code (implementation of the General Plan) subject to the approval of a minor or conditional use permit. 2. The proposed restaurant is consistent with this designation because it will provide a service to the surrounding neighborhood that will help to maintain a vibrant commercial corridor. As conditioned, the outdoor dining area must close by 10 p.m. and the indoor dining area must close by 11 p.m. All patrons must vacate the premises by these designated times. The earlier closing hours will help to ensure the use remains compatible with adjacent residential units and the surrounding neighborhood. 3. The subject property is not a part of a specific plan area. C. The use is allowed within the applicable zoning district and complies with all other applicable provisions in the Zoning Code and Municipal Code. Facts in Support of Finding: See Facts in Support of Finding A. 2. See Facts in Support of Finding B(1) and B(2). 3. The proposed use complies with NBMC Section 20.48.090 (Eating and Drinking Establishments) relating to required operating standards, and conditions of approval are included in this approval to maintain those requirements. These include, but are not limited to: 07-11-17 Planning Commission Resolution No. 2074 Page 5 of 14 a. A prohibition of visible outdoor storage and solid waste storage (Conditions of Approval 18 through 21); and b. On -sale alcohol operational standards and requirements (Conditions of Approval 26 through 45). c. Outdoor dining operational standards (Conditions of Approval 7 and 8). 4. NBMC Section 20.40.060 (Parking Requirements for Food Service Uses) establishes criteria to determine the parking requirements for uses from one parking space for every 30 to 50 square feet of net public area. The proposed project has an interior net public area of 600 square feet with accessory outdoor dining of 150 square feet providing seating for a maximum of 36 customers. One (1) parking space for every 40 square feet of net public area is a reasonable number to require for the proposed use, given the operational characteristics. Based on the interior net public area of the proposed establishment, 15 parking spaces are required (600 sq. ft. / 40 sq. ft. = 15). The accessory outdoor dining area is excluded from the parking requirement since it is equal to 25 percent of the interior net public area. 5. The existing mixed-use development is considered nonconforming due to parking and use. No off-street parking is provided to serve the uses on-site; however, the building was constructed prior to the establishment of parking requirements. 6. The gross floor area of the tenant space is 1,780 square feet. A parking credit of eight (8) spaces is allotted to the tenant space; therefore, a total of seven (7) parking spaces are waived with this approval. The reduction in the parking requirement is consistent with NBMC Section 20.40.110 (Adjustments to Off -Street Parking Requirements) based on alternative modes of travel to the restaurant (a large number of people residing in Corona del Mar walk to restaurants), availability of proximate on -street parking and two adjacent off-site private parking lots, for which the property owner or business operator will maintain a private lease agreement. 7. A parking management plan has been prepared in compliance with NBMC Subsection 20.40.110(C) to ensure employees park in the adjacent private parking lot to the east (Opus Bank). Patrons will also be encouraged to park in the adjacent private parking lot to the west (One West Bank). The hours of operation for the banks are such that they will be closing as the restaurant is commencing operation, which is consistent with the spirit of a jointly -used parking facility. 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: Commercial uses such as restaurants are common in the vicinity along East Coast Highway and serve visitors and residents. As conditioned, the establishment will be compatible with the land uses permitted within the surrounding neighborhood. 07-11-17 Planning Commission Resolution No. 2074 Paae 6 of 14 2. The proposed use will be located within an existing nonresidential building and will complement the existing mix of retail, service, and restaurant uses in the immediate area. A bakery previously operated in this location, and the space is currently vacant. 3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the restaurant is adjacent to residential units, the building is oriented toward East Coast Highway and the outdoor dining area will be buffered by a two-story structure at the rear of the property, closest to the residential neighborhood. 4. As conditioned, the outdoor dining area will close by 10 p.m., daily, and the interior of the restaurant will close by 11 p.m., daily, with all patrons vacating the premises by 10:30 p.m. and 11:30 p.m., respectively. The earlier closing hours will help to ensure there is no detriment to the adjacent residential neighborhood as well as the nonconforming residential units above, which are permitted to remain pursuant to NBMC Chapter 20.38 (Nonconforming Uses and Structures). 5. The Police Department has reviewed the proposed project and has no objections. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The project has been conditioned to ensure the welfare of the surrounding community. 6. A condition of approval has been included requiring the business owner to ensure employees park in the adjacent off-site parking area (Opus Bank) to the east to help alleviate any impacts to the adjacent residential neighborhood. 7. The proposed restaurant focuses on quick turnovers, such that an expeditious dining experience is had by all patrons. It is also anticipated that patrons of the restaurant may use alternative means of transportation to arrive at the restaurant (e.g., walking, biking, rideshare services, etc.). 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: The subject tenant space is located within an existing nonresidential building. The improved tenant space will be designed and developed for a restaurant use. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood. The existing tenant space on the subject property has most recently been occupied by a bakery and caf6. 07-11-17 Planning Commission Resolution No. 2074 Paqe 7 of 14 2. Although the site does not provide the minimum number of off-street parking spaces on-site, the site is suitable because the property owner and/or business owner will be required to maintain a lease for parking in the adjacent private parking lots. Said lots will be available in the evening as shown by the submitted Parking Management Plan and accompanying private lease agreements. Additionally, a condition of approval has been included requiring the business owner to ensure employees park at the private parking lot to the east of the project site (Opus Bank). Patrons and employees will not need to walk through the residential neighborhood to access the restaurant. 3. The Applicant is required to install a grease interceptor, provide a wash-out area that drains to the sewer line, obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. All of these required improvements will be accommodated on-site. 4. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utilities upgrades required for the change in occupancy will be required at plan check for the building permit. 5. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All City ordinances and all conditions of approval will be complied with. F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: See Fact in Support of Finding C(7). 2. See Facts in Support of Finding D(3) and D(4). 3. The project has been reviewed and includes conditions of approval to help ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 4. The restaurant will provide dining services as a public convenience to the surrounding residential neighborhood as well as to visitors. The service of alcohol will complement the principal use of the facility as a restaurant and provide an 07-11-17 Planning Commission Resolution No. 2074 Paae 8 of 14 economic opportunity for the property owner to maintain a successful business in a way that best serves the community. 5. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. SECTION 4. DECISION. 1 The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2017-022, subject to the conditions set forth in Exhibit "A," which is attached hereto and incorporated by reference. This approval allows for the establishment of a restaurant with alcohol sales and no late hours at 3732 East Coast Highway, and reduces the required number of parking spaces due to the availability of alternative forms of transportation (e.g., walking, biking, ridesharing, etc.). 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Zoning Administrator Resolution No. ZA2012-044 for Minor Use Permit No. UP2012-024, which upon vesting of the rights authorized by this Conditional Use Permit, shall become null and void. AYES: Dunlap, Kleiman, Koetting, Lowrey, Weigand, Zak NOES: None ABSTAIN: None ABSENT: Kramer In PeteV Koetting,' Cha 0 BY: -11' " Erik Wiaigand, Secy 07-11-17 Planning Commission Resolution No. 2074 Paae 9 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. 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. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. This Conditional Use Permit may be modified or revoked by the Planning Commission should it determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health and 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. 5. The hours of operation for the interior of the restaurant shall be limited to 5 p.m. and 11 p. m., daily. Operation of the outdoor dining area shall be limited to 5 p. m. to 10 p. m., daily. All customers shall vacate the establishment 30 minutes after these designated closing times. 6. Subject to the securing of a lease for parking, acceptable to the Community Development Director, the restaurant may be open beginning at 11 a.m. on Saturdays, Sundays, and Holidays. 7. The interior net public area shall be limited to 600 square feet. The outdoor dining area shall be limited to 150 square feet. 8. Appropriate barriers shall be placed around the outdoor dining area. Said barriers shall serve only to define the areas and shall not constitute a permanent all-weather enclosure. 9. All physical elements (e.g., awnings, covers, furniture, umbrellas, etc.) related to the outdoor dining area that are visible from the East Coast Highway right-of-way shall be compatible with one another and with the overall character and design of the principal structure. 07-11-17 Planning Commission Resolution No. 2074 Paae 10 of 14 10. All employees shall park in the private parking facility as designated in the Parking Management Plan. 11. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require separate review and approval by the Planning Division and may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 12. Prior to issuance of building permits, a copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans. 13. Prior to issuance of buildinq 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 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. 14. Prior to issuance of building permits, 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 NBMC Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher 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 the leasing agent. 17. Construction activities shall comply with NEMC Section 10.28.040, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7 a.m. and 6 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 federal holidays. 18. No outside paging system shall be utilized in conjunction with this establishment. 07-11-17 Between the hours of 7 a.m. and 10 P.M. Between the hours of 10 p.m. and 7 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 I 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 the leasing agent. 17. Construction activities shall comply with NEMC Section 10.28.040, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7 a.m. and 6 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 federal holidays. 18. No outside paging system shall be utilized in conjunction with this establishment. 07-11-17 Planning Commission Resolution No. 2074 Pa-qe 11 of 14 19. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 20. 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. 21. 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. 22. The exterior of the business shall be maintained free of lifter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 23. 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). 24. 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. 25. 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 Newport Beach Municipal Code. 26. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Mama D's Restaurant Corona del Mar including, but not limited to, Conditional Use Permit No. UP2017-022 (PA2017-162). 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 07-11-17 Planning Commission Resolution No. 2074 Paae 12 of 14 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 27. The removal or relocation of tables, chairs, stools or other furniture to accommodate an area for standing or dancing shall be prohibited. 28. This approval is for an eating and drinking establishment (restaurant) with on -sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control (ABC) shall be a Type 41 (On -Sale Beer and Wine — Eating Place) license in conjunction with the restaurant as the principal use of the facility. 29. All owners, managers and employees must abide by all conditions of the ABC license. 30. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 31. No alcoholic beverages shall be consumed on any property or tenant space adjacent to the licensed premises under the control of the licensee. 32. There shall be no live entertainment or dancing allowed on the premises. 33. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 34. There shall be no reduced price alcoholic beverage promotions after 9 p.m. 35. No off -sales of alcohol shall be permitted. 36. Food service from the regular menu shall be made available to patrons until closing. 37. 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. 38. 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. 39. 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. 07-11-17 Planning Commission Resolution No. 2074 Paqe 13 of 14 40. Any event or activity staged by an outside promoter or entity, where the Applicant, operator, owner or his or her 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. 41. 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. 42. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified by the NEMC to require such permits. 43. 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 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. 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. 44. Strict adherence to maximum occupancy limits is required. 45. The operator shall maintain a security recording system with a 30 -day retention and make those recordings available to the Police Department upon request. 46. 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 Newport Beach Municipal Code. Fire Department 47. Carbon dioxide systems with more than 100 pounds of carbon dioxide used in beverage dispensing applications shall be required to obtain a fire permit as per California Fire Code (CFC) Section 105.6. 48. Where carbon dioxide storage tanks, cylinders, piping and equipment (100 pounds or more of carbon dioxide) are located indoors, rooms or areas containing carbon dioxide 07-11-17 Planning Commission Resolution No. 2074 Paae 14 of 14 storage tanks, cylinders, piping and fittings and other areas where a leak of carbon dioxide can collect shall be provided with either ventilation or an emergency alarm system per CFC Section 5307.5. 49. Mechanical ventilation shall be in accordance with the California Mechanical Code and shall comply with all of the following: a. Mechanical ventilation shall be at a rate of not less than one (1) cubic foot per minute per square foot. b. Exhaust shall be taken from a point within 12 inches of the floor. c. The ventilation system shall be designed to operate at a negative pressure in relation to the surrounding area. 50. An emergency alarm system shall comply with all of the following: a. Continuous gas detection shall be provided to monitor areas where carbon dioxide can accumulate. b. The threshold for activation of an alarm shall not exceed 5,000 parts per million. c. Activation of the emergency alarm system shall initiate a local alarm while in the room or area in which the system is installed. 51. Changes in use or occupancy that would place the structure in a different division of the same group or occupancy or in a different group of occupancies shall be made to comply with the requirements of this code and the California Building Code per CFC Section 102.3. 52. The proposed use is changing the existing occupancy from a B occupancy to an A-2 occupancy. With this change, additional requirements may apply at the discretion of the Life Safety Services Division and Fire Department. Fire sprinklers shall be required if the square footage equals or exceeds 5,000 square feet or the occupant load meets or exceeds 100 persons per CFC Section 903.21.2. 53. 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 prior to the issuance of a building permit. 07-11-17