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HomeMy WebLinkAboutPC2021-031 - APPROVING MINOR USE PERMIT NO. UP2021-019 SUPERSEDING USE PERMIT NO. UP2008-056 AND ALLOWING A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AND EXPANDED HOURS AT AN EXISTING FOOD SERVICE, EATING AND DRINK RESOLUTION NO. PC2021-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR USE PERMIT NO. UP2021-019 SUPERSEDING USE PERMIT NO. UP2008-056 AND ALLOWING A TYPE 47 (ON-SALE GENERAL – EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE AND EXPANDED HOURS AT AN EXISTING FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT LOCATED AT 407 31st STREET (PA2021-106) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Bear Flag Restaurant Group (“Applicant”), with respect to property located at 407 31st Street, and legally described as Lot 9, Block 431, Lancaster’s Addition Tract 421 in the City of Newport Beach, County of Orange (“Property”) requesting approval of a minor use permit. 2. The Applicant seeks Minor Use Permit UP2021-019 (“Minor Use Permit”) to: 1) upgrade an existing Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (“ABC”) license to a Type 47 (On-Sale General – Eating Place) ABC license at an existing food service, eating and drinking establishment, i.e., restaurant; and 2) expand the hours of operation for the restaurant from 11 a.m. to 9 p.m., daily, to 10 a.m. to 10 p.m., daily (“Project”). The existing restaurant, Wild Taco, has a 625-square-foot indoor dining area and a 156-square-foot outdoor dining area. There are no changes proposed to the current floor plan, no physical alterations proposed to the building, and no late hours proposed. If approved, this Minor Use Permit would supersede Use Permit No. UP2008-056 (PA2011-027) and its subsequent amendments. 3. The Property is categorized MU-H4 (Mixed Use-Horizontal 4) by the General Plan Land Use Element and is located within the MU-CV/15th Street (Mixed-Use Cannery Village/15th Street) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is MU-H (Mixed-Use Horizontal) and it is located within the MU-CV/15th Street (Mixed-Use Cannery Village/15th Street) Coastal Zoning District. The Project is exempt from coastal development permitting requirements because, if approved, the proposal would only allow for additional menu offerings and modified hours of operation. There is no increase in floor area, building height, or parking demand; therefore, there is no development nor is there any anticipated change in the intensity of the land use. 5. Pursuant to Table 5-1 in Section 20.50.020 (Authority for Land Use and Zoning Decisions) of the Newport Beach Municipal Code (“NBMC”), the review authority for a minor use permit is the Zoning Administrator. In this case, the Community Development Director Planning Commission Resolution No. PC2021-031 Page 2 of 15 referred the Project to the Planning Commission. and is authorized to do so pursuant to footnote (3) of Table 5-1. 6. A public hearing was held on November 18, 2021, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. 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 of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 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 Project does not include any interior or exterior alterations to the existing eating and drinking establishment, and no increase of gross floor area or net public area. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030(C)(3) (Alcohol Sales) and Section 20.52.020(F) (Conditional Use Permits and Minor Use Permits) 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 1. In finding that the Project is consistent with Section 20.48.030 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. a. The Property is in an area the Newport Beach Police Department (“NBPD”) has designated as Reporting District 15 (RD 15). RD 15 stretches from 20th Street to 37th Street along the Balboa Peninsula. The NBPD is required to report offenses of Part One Crimes combined with all arrests for other crimes, both felonies and misdemeanors (except traffic citations) to ABC. Part One Crimes are the eight (8) Planning Commission Resolution No. PC2021-031 Page 3 of 15 most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 15 is considered a higher crime area, as compared to other reporting districts in the City. The RD 15 crime count is 540, which is 363 percent over the citywide crime count average of 140. The higher crime rate is largely due to the number of visitors to the Peninsula, the high concentration of restaurants, and the high ratio of nonresidential to residential uses. In comparison, RD 13 (8th Street to 20th Street) is 30 percent over the citywide average, RD 16 (37th Street to 54th Street) is 25 percent over the citywide average, and RD 12 (B Street to 8th Street) is 46 percent below the citywide average. RD 13 and RD 16 are similar to RD 15 with regards to the high ratio of nonresidential to residential uses, whereas RD 12 contains a higher ratio of residential to nonresidential uses. b. The Property is located on an interior parcel of Cannery Village. It is adjacent to Newport Boulevard and the CV (Commercial Visitor-Serving) Zoning District. Cannery Village contains a mix of residential uses, small shops, art galleries, professional offices, service establishments, and other nonresidential uses. Expanding the privileges of the restaurant would provide additional menu options for customers and would enhance the economic viability of the business. There are no late hours proposed. c. The NBPD has reviewed the Project and has no objection to the addition of the Type 47 ABC license or the expanded hours, subject to appropriate conditions of approval. These conditions of approval have been incorporated into Exhibit “A” of this Resolution and include a prohibition on a separate bar counter, no live entertainment, and no games or contests requiring or involving the consumption of alcoholic beverages. ii. The number of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. a. RD 15 had a higher percentage of alcohol-related crimes in 2020, compared to all adjacent reporting districts; however, this is to be expected given that this figure includes driving under the influence, public intoxication, and liquor law violations, and the area is highly concentrated with commercial establishments. There were five (5) dispatch events to the property in 2020, and three (3) in 2021. Police dispatch notes suggest that none of the dispatch events were related to the business and, therefore, did not likely result from the over-service of alcohol or from a neglect in responsibility by the Applicant. 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. a. The Balboa Peninsula is generally characterized by a high number of visitors and both commercial and residential zoning districts located near one another. Planning Commission Resolution No. PC2021-031 Page 4 of 15 b. The Property is in a mixed-use district where residential development is permitted. The adjoining property to the east is a commercial building with residential uses beyond, there are residential uses in mixed-use properties across 31st Street and the remaining uses to the north and to the west are nonresidential. c. The nearest public park, Lido Park, is located approximately 890 feet to the northeast. The nearest church, St. James Episcopal Church, is located approximately 563 feet to the northeast and substantially separated by commercial properties and the 32nd Street right-of-way. The nearest school, Newport Elementary School, is located approximately one (1) mile to the southeast along Balboa Boulevard. The Property is not located near any known daycare center. The Project is generally surrounded by other commercial uses and is not anticipated to attract unaccompanied minors. d. Eating and drinking establishments with incidental alcohol service are present in the general area and the proposed ABC license is not anticipated to alter the operational characteristics of the current restaurant such that it becomes detrimental to the area. Exhibit “A” of this Resolution includes conditions of approval, such as the prohibition of late-night happy hour and a closing hour of 10 p.m., to help minimize the potential for negative impacts and nuisances to surrounding land uses and to 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. a. The Project is within Cannery Village and adjacent to Newport Boulevard. Restaurants are common in this area of the Balboa Peninsula. Some of the neighboring restaurants include The Mayor’s Table, Mama D’s Italian Kitchen, Malarky’s Irish Pub, and the Helmsman Ale House on Newport Boulevard and Arc Butcher and Baker on 30th Street. Both Malarky’s Irish Pub and the Helmsman Ale House operate with late hours (i.e., open beyond 11 p.m.), the Mayor’s Table and Malarky’s have Type 47 ABC licenses, and The Helmsman Ale House has a Type 75 (On-Sale General Brew Pub) ABC license. b. The RD 15 statistics indicate an overconcentration of ABC licenses within this statistical area. The per capita ratio of one (1) license for every 69 residents is higher than all adjacent districts and the average citywide ratio. This is due to the higher concentration of commercial and visitor serving uses land uses with a lower number of residential properties. RD 15 includes Lido Marina Village, Cannery Village, and McFadden Square, which are all locations that feature a high number of restaurants. Furthermore, there are additional ABC licenses attributed to adjacent marina operations, including harbor tours and Duffy boat rentals. While the Project is in proximity to other establishments selling alcoholic beverages, staff, including the NBPD, believes the expanded privileges requested, subject to the included conditions of approval, should not prove detrimental to the area. Planning Commission Resolution No. PC2021-031 Page 5 of 15 v. Whether or not the proposed amendment will resolve any current objectionable conditions. a. No objectionable conditions are presently occurring at the Property. b. Approving the Project will allow the existing restaurant to diversify its offerings as a convenience to its patrons. The NBPD acknowledges the addition of liquor to the existing restaurant is a new privilege; however, 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. Finding B. The use is consistent with the General Plan and any applicable specific plan. 1. The MU-H4 (Mixed-Use Horizontal 4) category is intended to establish the character of a distinct and cohesively developed district or neighborhood containing multi-family residential with clusters of mixed-use and/or commercial buildings. Permitted uses include: (a) multi-family residential, (b) general or neighborhood commercial, and/or (c) mixed-use structures where the ground floor shall be restricted to nonresidential uses along the street frontage such as retail sales and restaurants and the rear and upper floors used for residential including senior units and overnight accommodations (comparable to MU-V). Mixed-use or commercial buildings shall be required on parcels at street intersections and are permissible, but not required, on other parcels. The project site is not located at a street intersection and therefore is not required to be a mixed-use building and the standalone restaurant use is consistent with the allowed uses intended for the MU-H4 category. 2. Land Use Element Policy LU 5.2.2 (Buffering Residential Areas) suggests that commercial uses adjoining residential neighborhoods should be designed to be compatible and minimize impacts to these uses. There is no dancing nor live entertainment proposed and the only music will be pre-recorded ambient or background music. 3. Land Use Element Policy LU 5.2.3 (Alley Design) encourages the improvement and enhancement of the aesthetic quality of alleys without impacting service access. The Property abuts an alley and currently has a trash enclosure with outdoor storage in the rear. The enclosure consists of chain link material which is not permitted. The Project has been conditioned with bringing the area into compliance with NBMC Section 20.30.120 (Solid Waste and Recyclable Materials Storage), which will improve the aesthetic quality of the alley. 4. Land Use Element Policy LU 5.3.5 (Pedestrian-Oriented Architecture and Streetscapes) mentions the inclusion of outdoor seating or other amenities that extend interior uses to the sidewalk, where feasible. The restaurant provides an outdoor patio in the front of Planning Commission Resolution No. PC2021-031 Page 6 of 15 the property. While the patio does not extend all the way to the sidewalk along 31st Street, the patio is inviting to pedestrians which is consistent with this goal. 5. Land Use Element Goal LU 6.8 envisions “a series of commercial, visitor-serving, marine-related, civic, and residential neighborhoods that are vibrant throughout the year, differentiated by their historic and functional characteristics and architectural style, yet integrated by streetscape amenities” for the Balboa Peninsula. The Project choices will encourage the success of a business that provides a service to residents and visitors to the Peninsula alike. 6. Land Use Element Goal LU 6.10 envisions Cannery Village as a “pedestrian-oriented residential neighborhood that provides opportunities for live/work facilities and supporting retail uses.” The Project will help to improve an existing amenity for the surrounding residents to walk to and enjoy. 7. The Property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding 1. The MU-CV/15th Street Zoning District allows eating and drinking establishments subject to approval of a Minor Use Permit. 2. Wild Taco is an existing restaurant. It was found to be an allowable use and consistent with the NBMC through the approval of Use Permit No. UP2008-056 (PA2008-173) in 2008 and the subsequent amendment (Amendment No. 1 to Use Permit No. UP2008-056 [PA2011-027]) in 2011. 3. NBMC Section 20.48.090(G)(3)(b) (Eating and Drinking Establishments, Outdoor Dining) requires that the review authority consider the relationship of outdoor dining to sensitive noise receptors. The outdoor dining area’s closing hour of 10 p.m., daily, will help minimize noise impacts to residents located across 31st Street and to the east. 4. The Property currently provides seven (7) on-site parking spaces. This is less than what is required by Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC. The Project does not increase the net public area of the restaurant and, therefore, does not increase the parking demand. No additional parking is required. 5. While the current trash storage area for the restaurant does not conform to the standards of NBMC Section 20.30.120 (Solid Waste and Recyclable Materials Storage), Condition of Approval Number 24 requires the Applicant bring the area into compliance with the requirements of the section. Planning Commission Resolution No. PC2021-031 Page 7 of 15 6. No physical improvements are proposed as part of this project. 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 restaurant is improved with a kitchen, an indoor dining area, an outdoor dining area, restrooms, and back of house storage. The existing infrastructure is adequate to accommodate the existing restaurant. The location is compatible with other commercial uses in the area and serves as an important visitor-serving use that benefits the area. 2. The Property is in a relatively dense commercial village area where there are multiple uses within a short distance of each other. Cannery Village is conducive to a significant number of walk-in patrons from the surrounding neighborhood and other bustling areas, such as the Lido House Hotel approximately 200 feet to the north. 3. The operational conditions of approval will continue to promote compatibility with the surrounding uses. The floor plan provides tables and counter areas to accommodate 15 interior seats and six (6) outdoor dining patio seats. The hours of operation are 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 – Eating Place) ABC license so that the restaurant’s primary use is an eating and drinking establishment and not a bar, lounge, or night club. 4. The restaurant will be not be granted late hours as part of this Project and is conditioned to close by 10 p.m. This operational characteristic, including no live entertainment and no dancing, will help prevent noise from becoming a nuisance to the surrounding residential properties. 5. The use will not necessitate high levels of lighting or illumination and all outdoor lighting must conform to Section 20.30.070 (Outdoor Lighting) of the NBMC. 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 an existing restaurant. The current floor plan was reviewed and approved by all City Departments through the approval of the restaurant’s initial use permit and the subsequent issuance of building permits. No physical improvements are proposed as part of this Project. Planning Commission Resolution No. PC2021-031 Page 8 of 15 2. The site can be accessed by both 31st Street and the alley in the rear. Adequate public and emergency vehicle access, public services, and utilities are provided for on-site. 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 current restaurant has been in operation since 2008. Its operation has not proven detrimental to the surrounding uses. Adding additional alcoholic beverage options to the menu is not expected to change this, given the attached conditions of approval. 2. The Project was reviewed by the Code Enforcement and Water Quality Division. There were no on-going issues identified as part of their review. The Code Enforcement and Water Quality Division suggested conditions of approval that would prohibit live entertainment and dancing. These conditions have been incorporated into Exhibit “A” of this Resolution. 3. The restaurant with expanded privileges should have a positive impact on the area. The restaurant serves both the surrounding community and visitors to Newport Beach. It promotes economic activity within the Cannery Village and may promote further revitalization of the surrounding commercial properties. 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 operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance within the facility, adjacent properties, or surrounding public areas, sidewalks, or parking lots of the restaurant, during business hours, if directly related to the patrons of the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds the Project is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 under Class 1 (Existing Facilities) 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. Planning Commission Resolution No. PC2021-031 Page 9 of 15 2. The Planning Commission of the City of Newport Beach hereby approves Minor Use Permit No . UP2021-019, 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 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 NBMC . 4. This resolution supersedes Use Permit No. UP2008-056 (PA2011-027) and its prior amendments, which upon vesting of the rights authorized by this Minor Use Permit, shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF NOVEMBER 2021. AYES: Klaustermeier, Kleiman , Lowrey, Rosene, and Weigand NOES: None ABSTAIN : None ABSENT: Ellmore and Koetting BY- Planning Commission Resolution No. PC2021-031 Page 10 of 15 EXHIBIT “A” CONDITIONS OF APPROVAL (project-specific conditions are shown 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. Minor Use Permit No. UP2021-019 shall expire unless exercised with 24 months from the date of the approval as specified in Section 20.54.060 (Time Limits and Extensions) of the NBMC, 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 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 substantial change in operational characteristics, expansion in area, or other modification to the approved plans, shall require subsequent review by the Planning Division and may require an amendment to this Use Permit or the processing of a new Use Permit. 7. The hours of operation for the restaurant (interior and exterior) shall be limited between 10 a.m. to 10 p.m., daily. 8. The net public area shall not exceed 652 square feet for the interior of the subject restaurant facility. 9. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 156 square feet in area (25 percent of the authorized indoor net public area). Planning Commission Resolution No. PC2021-031 Page 11 of 15 10. The seating and dining in the outdoor area shall be limited to dining table height (approximately 30 inches) and table surface area of 24 inches by 30 inches. The use of elevated counters, tables, and barstools are prohibited in the outdoor dining area. 11. The material and color of any awnings or umbrella located on the outdoor dining/patio areas shall be subject to review and approval by the Planning Division. No form of advertisement shall be placed on an awning, umbrella, or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clear orderly condition at all times. 12. Should problems arise with regards to umbrellas, tables, chairs or stools encroaching into the public right-of-way, the Planning Division reserves the right to require the relocation of the railing/fencing and/or removal of all or a portion of the outdoor dining area seating and/or the use of unitized table and chair construction. 13. A minimum of seven (7) on-site parking spaces shall be made available for the restaurant at all times. 14. Employees shall park on-site or in a municipal parking lot at all times and not on residential streets in the neighborhood. 15. The seating adjacent to the food use facility shall be limited to the area as delineated on the approved site plan only. The approved outdoor dining area shall be located on a solid surface in accordance with the approved floor plan or seating plan. The rail/fence or screen planting shall be a minimum of 42 inches tall unless otherwise required. 16. The installation of roof coverings in addition to the fabric awnings shall not have the effect of creating a permanent enclosure. Fences, walls, or similar barriers shall serve only to define the outdoor area and not constitute a permanent all-weather enclosure. 17. Building permits shall be obtained for the structure on the roof or the structure shall be removed. 18. Bicycle parking shall be provided adjacent to the outdoor dining patio, as shown in the approved plans for Use Permit No. UP2008-056. 19. The use of the rear door shall be limited to deliveries and employees use only and shall cease at 9 p.m.; ingress and egress by patrons is prohibited unless there is an emergency. 20. 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. Planning Commission Resolution No. PC2021-031 Page 12 of 15 21. 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. 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 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 Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 22. 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. 23. No outside paging system shall be utilized in conjunction with this establishment. 24. All trash shall be stored within the building or in dumpsters that are stored within the existing trash enclosure in the rear of the property. The existing trash enclosure shall be improved to be compliant with NBMC Section 20.30.120 (Solid Waste and Recyclable Materials Storage) no later than one (1) year from the date of issuance of the Type 47 ABC License. 25. 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. 26. 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. 27. 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 (Water and Sewers) of the NBMC, including all future amendments (including Water Quality related requirements). 28. 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. 29. 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. Planning Commission Resolution No. PC2021-031 Page 13 of 15 30. 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 NBMC to require such permits. 31. 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. 32. 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 Wild Taco Alcohol License Upgrade including, but not limited to, Minor Use Permit No. UP2021-019 (PA2021-106). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Police Department 33. 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 (ABC) shall be a Type 47 (On-Sale General – Eating Place) license, in conjunction with the restaurant as the principal use of the facility. 34. The Applicant shall abide by all requirements and 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. 35. 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 Planning Commission Resolution No. PC2021-031 Page 14 of 15 the premises and shall be presented upon request by a representative of the City of Newport Beach. 36. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 37. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall always 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. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 39. There shall be no live entertainment or dancing allowed on the premises. 40. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 41. There shall be no reduced-price alcoholic beverage promotions after 9 p.m. 42. Food service from the regular menu shall be made available to patrons at all times that the establishment is open for business. 43. Applicant 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. 44. Any event or activity staged by an outside promoter or entity, where the Applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 45. “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). 46. Strict adherence to maximum occupancy limits is required. 47. The Applicant shall maintain a security recording system with a 30-day retention and make those recordings available to police upon request. 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 Planning Commission Resolution No. PC2021-031 Page 15 of 15 beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 49. No off-sales of alcohol shall be permitted. Fire Department 50. A hood fire suppression system shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. California Fire Code Section 609.2. Building Division 51. Bathrooms shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division.