HomeMy WebLinkAbout2000 - CUP FOR "NOBU" - 3450 Via Oporto RESOLUTION NO. 2000
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2015-040 FOR A FOOD SERVICE, EATING AND
DRINKING ESTABLISHMENT WITH LATE HOURS, A TYPE 47
ALCOHOL LICENSE, LIVE ENTERTAINMENT, AND OUTDOOR
DINING PATIOS LOCATED AT 3450 VIA OPORTO (PA2015-167)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Severine Tatangelo of Studio PCH, Inc. representing Nobu
Newport Beach LLC, with respect to property located at 3450 Via Oporto, and legally
described as Parcel 1 of Resubdivision No. 447, consisting of Lots 1126, 1125, and a
portion of 1123 in Tract 907, as shown on a map recorded in Book 28 Pages 25 thru 36,
Miscellaneous Maps, records of Orange County. The applicant requests approval of a
conditional use permit.
2. The applicant proposes a conditional use permit to allow a food service eating and
drinking establishment, Nobu, with late hours, a Type 47 (On Sale General) Alcoholic
Beverage Control (ABC) license, live entertainment, and an outdoor dining patio. The ,
interior net public area is 5,150 square feet and accomodates up to 155 seats and the
outdoor dining patios total 3,656 square feet and accommodate 126 seats. Live
entertainment is proposed in the form of a disc jockey played at a background level
over the existing sound system during regular business hours. Live entertainment is
also proposed for specific functions up to six times per year in the form of up to three
entertainers prior to 11:00 p.m.
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 MU-W (Mixed-Use Water Related).
5. A public hearing was held on November 19, 2015, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was
given in accordance with the Newport Beach Municipal Code. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this
meeting.
Planning Commission Resolution No. 2000
Page 2 of 15
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 proposed project involves the interior alteration of an existing eating and
drinking establishment. Therefore, the project qualifies for a categorical exemption
under Class 1 .
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make
the following finding for approval of a new alcoholic beverage license:
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:
1. The project has been reviewed and conditioned to 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. Alcohol service is intended for
the convenience of customers dining at the restaurant. Operational conditions of
approval recommended by the Police Department relative to the sale of alcoholic
beverages including the requirement to obtain an Operator License will ensure
compatibility with the surrounding uses and minimize alcohol related impacts.
2. The subject property is located in an area with a significant variety of land uses
including commercial, retail, office, and marine-related resources. The business hours,
operational characteristics, and floor plan have been limited so as to maintain the
compatibility of the proposed use with surrounding land uses.
3. 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. 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.
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Planning Commission Resolution No. 2000
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Pursuant to Section 20.22.020 (Mixed-Use Zoning Districts, Land Uses and Permit
Requirements) of the Newport Beach Municipal Code, eating and drinking establishments
classified as Food Service, Late Hours, require the approval of a conditional use permit within
the MU-W2 (Mixed-Use Water Related) Zoning District.
In accordance with Section 20.52.020.F (Conditional Use Permit, Findings and Decision) 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
location, providing a mix of uses that serve visitors and local residents." The proposed
outdoor dining patios provide an additional amenity for coastal visitors to enjoy the bay
frontage.
3. The proposed live entertainment will be located inside of the eating and drinking
establishment and will be consistent with the overall intent of the MU-W2 land use
designation and policies of the General Plan. 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. Turning music at the patio off at 10:00 p.m. and closing the restaurant windows
and doors when live entertainment is in progress will ensure that noise impacts to
residents across Newport Harbor are minimized.
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 by the Lido
Marina Village Parking Demand Analysis and in accordance with the approved Parking
Management Program (Planning Commission Resolution No. 1966) demonstrates that
an adequate supply of parking will be provided based upon the shared use of parking
within Lido Marina Village.
5. The project site is not located within a Specific Plan area.
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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 (Eating and Drinking Establishments) of the Zoning Code states
that all activities shall be conducted entirely within an enclosed structure, with the
exception of checking patron's identification, valet parking activities, and outdoor
dining. The proposed live entertainment will be conducted entirely within the interior of
the restaurant.
3. 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 12:00 midnight,
daily, will minimize noise impacts to residents located across Newport Harbor.
4. The proposed use and required parking is consistent with the Lido Marina Village
Parking Management Program authorized under Planning Commission Resolution No.
1966.
5. As conditioned, the proposed project will comply with Newport Beach Municipal Code
standards for eating and drinking establishments.
6. 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.
7. The existing development is nonconforming to the 0.5 Floor Area Ratio (FAR). The
existing building and ongoing alterations are allowed by Section 20.38.040
(Nonconforming Structures) of the Zoning Code because the building renovations do not
result in an increase in the gross floor area or FAR.
Finding:
D. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
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Facts in Support of Finding:
1. An eating and drinking establishment has operated in this location since 1957 and the
commercial building is developed with the infrastructure to accommodate an eating
and drinking establishment. The location is compatible with other commercial uses in
the area and serves as a key retail 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 (Planning
Commission Resolution No. 1966).
3. The operational conditions of approval will promote compatibility with the surrounding
uses. The floor plan provides tables and counter areas to accommodate 155 interior
seats and 126 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 47 (On Sale General) 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 will be limited to the interior of the restaurant with doors and
windows closed to reduce noise impacts to surrounding properties.
4. Live entertainment will be limited to the interior of the establishment. A disc jockey will
play music at a background level during regular business hours. Live entertainment
consisting of no more than three entertainers would perform no more than six times
per year prior to 11:00 p.m. These parameters will effectively ensure that the
restaurant remains compatible with the surrounding land uses.
5. 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 and the tenant space
is designed and developed for an eating and drinking establishment. The design, size,
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location, and operating characteristics of the use are compatible with the surrounding
Lido Marina Village development. The existing tenant space on the subject property has
historically been occupied by an eating and drinking establishment.
2. Adequate public and emergency vehicle access, public services, and utilities exist for
the 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, 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:
1. The tenant improvements to the existing eating and drinking establishment 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 possible. Turning music at
the patio off at 10:00 p.m. and closing the restaurant windows and doors when live
entertainment is present will ensure the restaurant will remain in compliance with
Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code.
Additionally, restaurant windows and doors will be closed when other live entertainment
is in progress.
3. The addition of live entertainment including a disc jockey during regular business hours
and up to three entertainers for specific events up to six times per year will provide an
additional amenity to patrons of the restaurant. The hours for performers during these
events are limited to 11:00 p.m. to minimize noise impacts beyond the restaurant.
4. 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.
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SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2015-040 (PA2015-167), subject to the conditions set forth in Exhibit
A, which is attached hereto and incorporated by reference.
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 Use Permit No. UP1711 and Use Permit No. UP3626,
which upon vesting of the rights authorized by this Conditional Use Permit No.
UP2015-040 (PA2015-167), shall become null and void.
PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF NOVEMBER, 2015.
AYES: Brown, Hillgren, Koetting, Kramer, Zak and Weigand
NOES: None
ABSENT: Lawler
ABSTAIN: None
BY:
11krar,' rma
BY:
P ter Koettin , Secreta
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Planning Commission Resolution No. 2000
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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. Conditional Use Permit No. UP2015-040 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 Conditional Use Permit may be modified or revoked by the City Council or
Planning Commission 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 Conditional Use Permit or the
processing of a new Conditional 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 a building permit, 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 architectural sheets only
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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 conditional use permit shall be reviewed by the Planning Commission one year
from the date of this approval to ensure the conditions of approval have been adhered
to.
12. The hours of operation for the interior of the restaurant shall be limited from 7:00 a.m.
through 12:30 a.m., Sunday through Thursday, and from 7:00 a.m. through 1:00 a.m.,
Friday and Saturday. The doors shall be closed to new customers one hour prior to the
closing hour and last call for alcoholic beverages shall occur one half hour prior to the
closing hour of the restaurant.
13. The hours of operation for the outdoor dining patio shall be limited between 7:00 a.m.
and 12:00 midnight, daily.
14. That the "net public area" of the restaurant shall not exceed 5,150 square feet for the
interior of the subject restaurant facility.
15. The accessory outdoor dining shall be used only in conjunction with the related adjacent
establishment. The outdoor dining patios shall be limited to 3,656 square feet in area.
16. The restaurant and patio seats shall be configured in a dining room setting. The dining
tables and chairs are not permitted to be moved to create standing areas for food and
beverage service to patrons.
17. 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.
18. There shall be no dancing allowed on the premises.
19. Live entertainment in the form of a disc jockey may operate during regular business
hours to select music played at a background level within the restaurant. When a disc
jockey is present, the exterior doors and windows to the restaurant shall be closed at
12:00 midnight.
20. Live entertainment may also consist of a maximum of three entertainers up to ten (10)
times per year performing prior to 12:00midnight on any business day. The operator shall
provide the Planning Division and Police Department with a layout and written description
of the proposed live entertainment at least 14 days in advance to the event. Live
entertainment for these events shall only be conducted within the interior of the
restaurant and doors and windows of the main dining areas shall remain closed while live
entertainment with entertainers other than a disc jockey is present.
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21. Live entertainment shall not be allowed in the eating and drinking establishment unless
the operator has first obtained a live entertainment permit from the Revenue Division.
22. The applicant/operator shall provide licensed security personnel while offering live
entertainment. A comprehensive security plan for the permitted uses shall be submitted
for review and approval by the Newport Beach Police Department (NBPD). The
procedures included in the plan and any recommendations made by the NBPD shall be
implemented and adhered to for the life of the Conditional Use Permit.
23. The installation of roof coverings shall not have the effect of creating a permanent
enclosure. 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.
24. 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.
25. 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.
26. 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.
27. 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
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:OOAM Between the hours of
and 10:00PM 10:OOPM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55d BA 40dBA 50dBA
Residential Property located within 45dBA 60dBA 45dBA 50d BA
100 feet of a commercial pro ert
Mixed Use Property 45dBA 60dBA 45dBA 50dBA
Commercial Property N/A 65dBA N/A 60dBA
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28. 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 7:00 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.
29. 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
10:00 p.m. daily. Sound shall adhere to Chapter 10.26 of the Newport Beach Municipal
Code,
30. 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.
31. 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.
32. 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).
33. 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.
34. 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.
35. 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 Nobu Conditional Use Permit including, but not
limited to, Conditional Use Permit No. UP2015-040. 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
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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
36. The operator of the establishment shall secure and maintain an Operator License
pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be
permitted to operate beyond the hours of 12:30 a.m., Sunday through Thursday, 1:00
a.m., Friday and Saturday, or 12:00 midnight on the outdoor dining patios.
37. The Operator License required to be obtained pursuant to Chapter 5.25 of the Municipal
Code, may be subject to additional and/or more restrictive conditions such as a security
plan to regulate and control potential late-hour nuisances associated with the operation of
the establishment.
38. 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.
39. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Newport Beach Municipal Code.
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. Petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
42. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
43. Food service from the regular menu shall be available to patrons up to thirty (30)
minutes before the scheduled closing time.
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44. 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.
45. The restaurant and patio areas may be used for private parties provided that said use
is not a promotional activity and/or does not require a City issued Special Event
Permit.
46. 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.
47. 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. Gaffiti shall
be removed within 48 hours of written notice from the City.
48. 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.
Fire Department Conditions
49. A Type I hood 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.
50. Each required commercial kitchen exhaust hood and duct system required by Section
609 with a Type I hood shall be protected with an approved automatic fire-
extinguishing system installed in accordance with the fire code (C.F.0 Section
904.2.1).
51. An operational fire permit 'Places of assembly" will be required prior to occupancy.
52. Fireplaces must be installed with regard to clearances as per manufacturers
recommendations. Bioethanol fueled fireplaces will not be allowed (C.F.C. 308.1.1).
53. All buildings and structures with one or more passenger service elevator shall be
provided with not less than one medical emergency elevator to all landings (California
Building Code Section 3002.4a).
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54. The medical emergency service elevator shall accommodate the loading and transport
of an ambulance gurney or structure size 24 inches by 84 inches with not less than 5-
inch in the horizontal position (C.B.C. Section 3002.4.1a).
55. The elevator designated the medical emergency elevator shall be equipped with a key
switch to recall the elevator nonstop to the main floor (C.B.C. Section 3002.4.4a).
Building Division Conditions
56. 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.
57. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
58. Strict adherence to maximum occupancy limits is required.
59. 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.
60. A grease interceptor shall be installed prior to the establishment opening for business to
the satisfaction of the Building Division.
61. A covered wash-out area for refuse containers and kitchen equipment, with minimum
useable area dimensions of 36-inches wide, 36-inches deep and 72-inches high, shall
be provided, and the area shall drain directly into the sewer system, unless otherwise
approved by the Building Director and Public Works Director in conjunction with the
approval of an alternate drainage plan.
62. Prior to the issuance of building permits, the project plans shall be modified so that the
winder threads are not provided as a means of egress at the stairways. (1009.7.3).
63. Prior to the issuance of building permits, the project plans shall be modified so that the
restroom access shall provide clearances for accessibility (Ch.11 B).
64. Prior to the issuance of building permits, the project plans shall be modified so that
exiting is not provided through the transformer enclosure.
65. The restaurant shall provide accessible access/seating to all functional areas.
66. Based on the outdoor dining patio areas occupant load (greater than 50), panic hardware
and door swings shall be provided to these areas.
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Planning Commission Resolution No. 2000
Page 15 of 15
67. Kitchen exhaust fans shall be installed/maintained in accordance with the California
Mechanical Code. A permit from the South Coast Air Quality Management District
shall be obtained for the control of smoke and odor.
68. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric
heaters are allowed if installed per their listing and the California Electrical or Plumbing
Code.
Public Works Conditions
69. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
10-02-2015