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HomeMy WebLinkAboutZA2021-043 - APPROVING MINOR USE PERMIT NO. UP2021-014 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHEMENT WITH A TYPE 41 BEER AND WINE ALCOHOLIC BEVERAGE CONTROL LICENSE WITH NO LATE HOURS LOCATED AT 4100 AND 4106 NEWPORT PLACE DRIVE (PA2021-081)RESOLUTION NO. ZA2021-043 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING MINOR USE PERMIT NO. UP2021-014 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHEMENT WITH A TYPE 41 BEER AND WINE ALCOHOLIC BEVERAGE CONTROL LICENSE WITH NO LATE HOURS LOCATED AT 4100 AND 4106 NEWPORT PLACE DRIVE (PA2021-081) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Olen Properties Corp with respect to property located at 4100 and 4106 Newport Place Drive, and legally described as Parcel 1of Resubdivision 0959 requesting approval of a minor use permit. 2. The applicant proposes to convert an existing storage area in a parking structure into a full service, food service eating and drinking establishment (Dandelion Café) with no late hours and a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage Control License. 3. The subject property is designated Mixed-Use Horizontal (MU-H2) by the General Plan Land Use Element and is located within the Newport Place, Planned Community, Professional and Business Office Site 5 (PC-11) Zoning District. 4. The subject property is not located within the coastal zone. 5. A public hearing was held online on August 26, 2021, consistent with Governor’s Executive Orders N-08-21 and N-29-20 related to COVID-19. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). 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 is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction of Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. This exemption allows for the conversion of existing small structures from one (1) use to another where only minor modifications are made in the exterior of the structure. The project primarily involves interior tenant improvements to convert an existing storage space into food service within an existing parking structure. Minor exterior alternations involve the installation of a covered patio structure, perimeter barriers around the outdoor dining area, cosmetic features and relocating the covered parking spaces. Zoning Administrator Resolution No. ZA2021-043 Page 2 of 14 01-25-19 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030(C)(3) (Alcohol Sales – Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding: In finding that the Project is consistent with Section 20.48.030 – (Alcohol Sales) of the NBMC, the following criteria must be considered: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Property is located in Reporting District 34 (RD 34). The Part One (1) Crimes are the eight (8) most serious crimes defined by the FBI Uniform Crime Report – homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. The crime rate in RD 34 was sixty (60) crimes reported in 2020, which is higher than adjacent reporting districts RD 31 and the citywide average, but lower than adjacent RD 33 and RD 36. The higher crime rate is largely due to burglary or theft from vehicles due to the high concentration of office complexes and the high ratio of nonresidential to residential uses. The adjacent reporting districts are predominantly residential uses. The findings can be made despite higher concentrations of crimes and the area was designed to accommodate restaurants in support of the office complex. The service of alcoholic beverages would provide additional menu options for customers and would enhance the economic viability of the business. 2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use and based on the location, operational characteristics, and closing hour of 9:00 p.m., has no objection to the addition of the Type 41 alcoholic beverage license subject to appropriate conditions of approval. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. In RD 34, eighteen (18) percent of the arrests were for public intoxication, DUI, or liquor law violations. In comparison, the figure for neighboring RD 33 is nineteen (19) percent, RD 36 is thirty-one (31) percent and RD 31 is less than one (1) percent. The NBPD has reviewed the Project and has no objection to the Applicant’s request. Zoning Administrator Resolution No. ZA2021-043 Page 3 of 14 01-25-19 iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. Although the Property is located within a planned community for predominantly office uses, the General Plan land use designation is MU_H2 (Mixed Use Horizontal), which allows the horizontal intermixing of uses that may include office, multi-family residential and vertical mixed-use buildings. There is one (1) new residential development (Uptown Newport) located more than 1,000 feet south from the Property and there is potential for additional residential development in the area. The Project will serve as a convenience to the office complex tenants and visitors; and could provide residents seeking dining options. The Type 41 ABC License with an eating and drinking establishment is not anticipated to significantly impact these adjacent land uses. 2. There are no parks, churches, schools, day cares or places of recreation within approximately 1,000 feet of the Project. The Project is surrounded by other commercial and office uses. 3. Eating and drinking establishments with incidental alcohol service are common in office areas and will serve as a convenience to future residents in this changing mixed-use neighborhood. The proposed Type 41 ABC License in conjunction with a sit-down restaurant is not anticipated to become detrimental to the area due to its location and limited hours of operation. The 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 office area was designed to accommodate accessory restaurants that are lightly populated throughout. The closest alcoholic establishment is the 7- Eleven with a Type 20 (Beer and Wine) ABC License at 4221 MacArthur approximately 400 feet away at 4221 MacArthur Boulevard. The 7-Eleven is a twenty-four (24)- hour convenience store. The next closest establishment is the Classic Q Restaurant and Bar with a Type 47 (On-Sale General) ABC License located approximately 600 feet away at 4251 MacArthur Boulevard. There are other various small scale eating establishments within the same shopping center as 7- Eleven, but they do not have ABC licenses. 2. The census tract has an approximate population of 6,393 residents with 86 active on-sale alcohol licenses. It should be noted this census tract also includes portions of Irvine, Costa Mesa, and Santa Ana. Only seventeen (17) of the eighty- six (86) active retail licenses are in the City of Newport Beach. The per capita ratio of tract 0626.1 is one (1) license for every 74 residents. Per Section 23958.4 of the Business and Professions Code, we must compare this per capita ratio to Zoning Administrator Resolution No. ZA2021-043 Page 4 of 14 01-25-19 Orange County’s on-sale per capita ratio of one (1) license for every 621 residents. Since the area’s ratio exceeds the ratio of retail licenses to population in the county, the area is deemed to have an undue concentration of alcohol licenses. The NBPD does not anticipate any increase in crime or alcohol-related incidents with the approval of this application subject to the proposed conditions of approval. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the Property. 2. The Project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC 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 NBPD relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. 3. The establishment is required to close by 9:00 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 twenty-one (21) years of age and receive ABC- required Licensee Education on Alcohol and Drugs (“LEAD”) or Responsible Beverage Service (“RBS”) training. In accordance with Subsection 20.52.020(F) (Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan designates the site as MU-H2 (Mixed-Use Horizontal), which is intended for an intermixing of uses in the Airport Area that may include regional commercial office, multifamily residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses such as restaurants. The food service will provide a commercial service to the offices as well as visitors. 2. The Property is not part of a specific plan area, therefore no findings of consistency with a specific plan is necessary. Zoning Administrator Resolution No. ZA2021-043 Page 5 of 14 01-25-19 3. The subject accessory building originally was permitted as a racquet ball court in 1989. In 2003, a small portion of the accessory building wall was opened to provide carport parking spaces. The proposed café will utilize the existing accessory building space including the carport spaces. Thus, there is no increase in gross floor area from the accessory structure originally constructed in 1989. 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 PC-11 (Newport Place, Planned Community) Office Site 5 Zoning District allows for accessory commercial services such as food service uses. A minor use permit is required for the food service eating and drinking establishment with alcohol service and no late hours within the PC-11 Office areas. 2. PC-11 Office Site 5 does not provide a parking standard for restaurants, so the Zoning Code standards apply. The Zoning Code classifies this use as a full-service, food service, eating and drinking establishment and parking is required at a rate of one parking space per 30 to 50 square feet of net public area, as determined by the use permit. In this case, a parking rate of one (1) space per 50 square feet of net public area is appropriate for the proposed use based on several physical design and operational characteristics including: the location is within an office complex surrounded by office uses. Primary customers will be office employees; there will be approximately five (5) employees at any given time; the restaurant has limited seating with nineteen (19) seats in the 674-square-foot interior dining area and twenty-three (23) seats in the 760-square- foot exterior area; the Type 41 Alcoholic Beverage Control License will add an item option to the menu but there is no bar seating or bar area in the establishment; the café food service is also proposed for office catering; there are no late hours, no live entertainment or dancing; employees can walk to the restaurant. 3. The net public area used to determine required parking is the 674 square feet interior net public area and 591.5 square feet exterior dining patio (760 sq. ft. – 168.5 sq. ft.) for a total of 1,265.5 square feet. The Zoning Code required parking includes outdoor dining areas exceeding twenty-five (25) percent of the interior dining area. Based on the Zoning Code parking ratio of 1 space per 50 square feet of net public area (1265.5/50) twenty- six (26) parking spaces are required. 4. A parking summary was provided by the applicant, showing the breakdown of the office uses that use the shared parking pool. The summary concludes that the existing required parking is 1,138 parking spaces, with 1,186 existing parking spaces provided. With the required reconfiguration of the drive aisles in front of the accessible parking spaces for the proposed Dandelion café, there is a loss of eight (8) parking spaces reducing the parking pool to 1,178 parking spaces. The total required parking spaces Zoning Administrator Resolution No. ZA2021-043 Page 6 of 14 01-25-19 including the proposed café, is 1,164 parking spaces therefore, the existing parking is adequate to accommodate the proposed café. 5. Subsection 20.48.090(F)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) of the NBMC also requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The surrounding office area is mostly vacant in the evenings. The closest residential use is Uptown Newport which is more than 1,000 feet away and is across the intersection of Newport Place Drive, MacArthur Boulevard and Von Karman Avenue. The outdoor dining patio closing hour of 9:00 p.m. will minimize noise impacts to any potential future residential use in area. 6. As conditioned, the Project will comply with Zoning Code standards for eating and drinking establishments. 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 Project will provide an additional service to the office complexes within the neighborhood. The Project includes conditions of approval to ensure that the potential for conflicts is minimized to the greatest extent possible. 2. The Property and surrounding properties on the block and within the vicinity are developed with offices and supporting commercial uses. The closest residential use (Uptown Newport) is more than 1000 feet across the intersection of MacArthur Boulevard and Von Karman Avenue and Newport Place Drive. The hours of operation of 7:30 a.m. to 9:00 p.m. will minimize any potential for late night disturbances to the area. 3. The food service, eating and drinking establishment has appropriate trash areas within the dining areas. There is a larger trash enclosure behind the existing office building that will contain a dumpster that is dedicated to the restaurant use. 4. The operational conditions of approval will promote compatibility with the surrounding uses. The floor plan provides tables to accommodate seats and a dining atmosphere. There is no live entertainment or dance floor. The Applicant is required to maintain the Property in substantial conformance with the approved floor plan in conjunction with a Type 41 (On Sale General - Eating Place) ABC License so that the café’s primary use is a bona fide eating and drinking establishment and not a bar, lounge, or night club. Finding: Zoning Administrator Resolution No. ZA2021-043 Page 7 of 14 01-25-19 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 existing space is accessible from Newport Place Drive and Dolphin-Striker Way which provides convenient access for motorists, pedestrians, and bicyclists. 2. There is a sidewalk around the perimeter of the existing office building and at the entry that provides a path for pedestrians. Ample sidewalks are provided adjacent to the streets and parking lots of PC-11 Office Site 5. 3. The Property is located within an existing office building and the space will be improved for an eating and drinking establishment. All tenant improvements must comply with Title 20 of the NBMC and all Building, Public Works, and Fire Codes for permits to be issued. 4. The existing office complex provides adequate access for emergency and utility vehicles and services. 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 Project has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the Property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The addition of a Type 41 (On Sale Beer and Wine) ABC License provides a service to the surrounding offices and neighborhood. The café will provide an option for office tenants and visitors as well as catering for the offices. The Project will support the surrounding neighborhood as providing a needed service to the area. 3. The eating and drinking establishment is not allowed to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the NBMC. The proposed use includes limited hours and closes no later than 9:00 p.m. SECTION 4. DECISION. Zoning Administrator Resolution No. ZA2021-043 Page 8 of 14 01-25-19 NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15303 under Class 3 (New Construction of Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2021-014, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective fourteen (14) days following the date this Resolution was adopted unless within such time an appeal or call for review is 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 26th DAY OF AUGUST, 2021. Zoning Administrator Resolution No. ZA2021-043 Page 9 of 14 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Prior to the issuance of the building permit, a fair share fee shall be paid for the net change in trips from storage to restaurant. 5. The hours of operation shall not exceed 7:30 a.m. to 9:00 p.m., daily. 6. Parking shall be provided at one (1) space per 50 square feet of net public area, including outdoor dining areas exceeding 25% of the interior net public area . 7. Use Permit No. UP2021-014 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 8. This Use Permit may be modified or revoked by the Zoning Administrator if determined 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. 9. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 10. 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. 11. Prior to the issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Minor 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 Zoning Administrator Resolution No. ZA2021-043 Page 10 of 14 01-25-19 and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Minor Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 13. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 14. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 – (Community Noise Control) 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: Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM 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 15. 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. 16. Construction activities shall comply with Section 10.28.040 – (Construction Activity— Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three (3) 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. Zoning Administrator Resolution No. ZA2021-043 Page 11 of 14 01-25-19 19. 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. 20. 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. 21. 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). 22. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 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. 23. 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. 24. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 25. This approval shall expire and become void unless exercised within twenty-four (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 Dandelion Café including, but not limited to, Minor Use Permit No. UP2021- 014 (PA2021-081). 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 Zoning Administrator Resolution No. ZA2021-043 Page 12 of 14 01-25-19 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 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 Type 41 (On Sale Beer and Wine). 28. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 29. There shall be no live entertainment or dancing allowed on the premises. 30. The Applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 31. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within sixty (60) days of hire. This training must be updated every 3 years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within sixty (60) days of approval. Records of each owner’s, manager’s, and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 32. The quarterly gross sales of on-sale 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. 33. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 34. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 35. 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 that are clearly visible to the exterior shall constitute a violation of this condition. Zoning Administrator Resolution No. ZA2021-043 Page 13 of 14 01-25-19 36. 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. 37. Any event of 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. 38. “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). 39. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 40. Strict adherence to maximum occupancy limits is required. 41. 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 – (Community Noise Control) and other applicable noise control requirements of the NBMC. 42. 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 forty-eight (48) hours of written notice from the City. 43. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, or involve the sale of alcoholic beverages. 44. The Applicant shall maintain a security recording system with a thirty (30)-day retention and make those recordings available to police upon request. Fire Department 45. If the occupancy is determined to be 100 persons or more, fire sprinklers shall be required during the plan check process. Building Division 46. 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 Zoning Administrator Resolution No. ZA2021-043 Page 14 of 14 01-25-19 applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 47. The type of construction for the restaurant space shall match the parking structure type of construction per the California Building Code. 48. The canopy for the outdoor dining shall be constructed as the same type of construction as the existing building. 49. Verify if there are existing fire sprinklers of parking structure. If the existing parking structure is sprinklered then the attached restaurant space shall be sprinklered. 50. Provide a Type one (1) Hood with complete mechanical plans for makeup air and exhaust for a balanced system. The exhaust shall be a minimum of 10 feet clear from any outside ari intake. 51. A grease interceptor is required and the location and size must be identified on the building permit plans for plan check. Public Works Department 52. Parking layout shall comply with City Standard 805. 53. Adequate pavement markings and signage shall be installed to accommodate the proposed one (1)-way circulation. Final design shall be reviewed and approved by the Public Works Department.