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HomeMy WebLinkAboutPA2023-0119_20231026_Resolution_ZA2023-064Community Development Department CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment VIA EMAIL October 27, 2023 Eric Lofgran Kelly Investment Group 853 Camino Del Mar, Suite 200 Del Mar, CA 92014 eric@kellyinvestmentgroup.com Subject: Minor Use Permit 2607 West Coast Highway GuacAmigos Dear Mr. Lofgran It was a pleasure working with you on the above referenced application. Please be advised that the subject application was approved by the Zoning Administrator on October 26, 2023 and effective on November 8, 2023. A copy of the approved resolution with findings and conditions is attached. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, Kelly Ribuffo, Consultant Planner DL/kr RESOLUTION NO. ZA2023-064 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT TO REDUCE HOURS OF OPERATION AND ALLOW LIVE ENTERTAINMENT CONSISTING OF A DJ AND/OR PRE-PROGRAMMED AMPLIFIED MUSIC FOR AN EXISTING RESTAURANT (GUACAMIGOS) LOCATED AT 2607 WEST COAST HIGHWAY (PA2023-0119) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Eric Lofgren of Kelly Investment Group (“Applicant”), concerning property located at 2607 West Coast Highway, which is legally described in Exhibit “A,” which is attached hereto and incorporated herein by reference (“Property”). 2. The Applicant proposes to remove late hours (up to 11:30 p.m.) on Fridays, Saturdays, and holidays which were approved under UP3627. The revised hours of operation proposed are: 11:00 a.m. to 10:30 p.m., Monday through Thursday; 11:00 a.m. to 11:00 p.m., Friday, Saturday, and holidays; and 9:30 a.m. to 10:30 p.m. Sundays. Additionally, the request includes live entertainment consisting of a DJ and/or pre-programed amplified music, in addition to singing and dancing of waitstaff previously approved with Use Permit No. 3627, within the interior of the restaurant (“Project”). 3. The existing restaurant was constructed in 1968, prior to the requirement for a use permit a restaurant use in commercial and mixed-use districts. On August 20, 1987, the Planning Commission approved Use Permit No. UP3288 authorizing on-site valet parking and compact parking spaces to accommodate a portion of the required parking. On March 19, 1998, the Planning Commission approved Use Permit No. UP3627 authorizing live entertainment involving singing and dancing performances by waiters and waitresses in association with amplified music, as well as late hours up to 11:30 p.m. on Friday, Saturday, and holidays. Under this use permit, the project plans reflected a net public area of 2,725 square feet. 4. On January 18, 2019, the Community Development Director approved Staff Approval No. SA2018-010 (PA2018-283) to allow an interior remodel and Americans with Disabilities Act (ADA) site improvements related to the parking lot layout at an existing food service establishment with a Type 47 (On-Sale General) alcohol license and late hours of operation (Attachment ZA 5). Newport Beach Municipal Code (NBMC) Section 20.40.110 (Adjustments to Off-Street Parking Requirements), subsection A, authorizes the adjustment of parking spaces to accommodate required ADA improvements. The updated parking layout results in 55 on-site parking spaces where 57 parking spaces were originally required under Use Permit No. UP3288. Additionally, the net public area of the restaurant was reduced to 2,646 square feet and 178 seats. Zoning Administrator Resolution No. ZA2023-064 Page 2 of 15 5. The Property is designated Mixed-Use Water (MU-W1) by the General Plan Land Use Element and is located within the Mixed-Use Water (MU-W1) Zoning District. 6. The Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water (MU-W1) Coastal Zone District. The Project does not require a coastal development permit because the request for changes to hours of operation and live entertainment do not intensify or expand the existing eating and drinking establishment use. 7. A public hearing was held on October 26, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given by 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 categorically exempt pursuant to Title 14 of the California Code of Regulations pursuant to Section 15301, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) 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 subject application is a request to modify hours and operations of an existing restaurant with no expansion of the existing use on the project site. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the Newport Beach Municipal Code (“NBMC”), the findings and facts in support of such findings are set forth as follows: Finding: A. The use is consistent with the purpose and intent of NBMC Section 20.48.030 (Alcohol Sales). Facts in Support of Finding: i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Property is in Reporting District 25 (RD 25). RD 25 exceeds the Citywide average and is considered a higher crime area as compared to other reporting Zoning Administrator Resolution No. ZA2023-064 Page 3 of 15 districts. The crime count in RD 25 is 249, which is 147 percent over the Citywide crime count average of 101. Since this area has 20 percent or greater reported crimes than the average number of reported crimes as determined from all crime reporting districts within the city, the area is found to have undue concentration. However, RD 25 contains many visitor- and tourist-serving nonresidential uses along West Coast Highway. The MU-W1 zoning district applies to waterfront properties along the Mariner’s Mile Corridor, in which nonresidential uses and residential dwelling units may be intermixed. Mariner’s Mile Corridor contains several restaurants that serve residents and visitors to the area. Areas near the water have a higher concentration of visitor-serving commercial land uses and, therefore, tend to have a higher crime rate than other areas in the city. Furthermore, since the existing restaurant currently maintains alcohol sales, the reduction in operating hours and narrowly defined live entertainment are unlikely to increase crime in the area. 2. The Newport Beach Police Department (“NBPD”) has reviewed the proposed use. Based on the location, operational characteristics, and closing hours, the NBPD has no objection to the proposed modifications to the hours of operation for the existing Type 47 Alcoholic Beverage Control (ABC) License, subject to appropriate conditions of approval, which are included as Conditions 31 through 49 in Exhibit “B” attached to this Resolution. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. 1. Due to the higher concentration of commercial land uses, RD 25 is reported to ABC as a high crime area as compared to other reporting districts in the city. The highest volume crime in this area is theft/larceny. The highest volume arrest in the area is for narcotics related offenses. DUI, public intoxication, and liquor law violations make up 25 percent of arrests in this reporting district. However, the area is considered an attractive tourist area in the City, which results in a higher number of alcohol-related calls for service, crimes and arrests. 2. During 2022, the subject restaurant had 20 dispatch events to the location, but these calls did not result in any alcohol-related arrests. The business did not receive any alcohol-related citations within the same period. Therefore, the NBPD has no concerns with the proposed application. In addition, updated conditions of approval have been provided to bring conditions related to alcohol sales to current standards. 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. The Project is located within a mixed use nonresidential and residential district and is a single-tenant commercial building that is situated in a commercial zoning district along West Coast Highway. Nearby residential dwelling units are generally located to the northeast of the Property in an adjacent neighborhood to the commercial corridor, but none are directly abutting to the Property. The nearest residential dwelling is approximately 660 feet from the subject building to the northeast along Zoning Administrator Resolution No. ZA2023-064 Page 4 of 15 Tustin Avenue and is further separated by the business’s parking lot. Furthermore, the restaurant is oriented towards the water and is buffered from residential by the on-site parking lot and nearby commercial uses along West Coast Highway to the north and by the channel to the south. 2. The Project is not directly abutting a religious facility, daycare center, park, recreational facility, school, or similar uses that attract minors. The nearest school is Bright Horizons (2500 West Coast Highway), which is a preschool located approximately 270 feet northeast of the restaurant. The existing restaurant was constructed in 1968, and the current tenant (GuacAmigos) has been in operation at this location with alcohol sales without causing detriment to the surrounding neighborhood. 3. Alcohol sales currently exist on the site and the reduced hours of operation and modified live entertainment provisions are not anticipated to be detrimental to the community because of the proximity to any sensitive land uses, especially with the allowed operation narrowed by the Conditions of Approval. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. The Property is located within Census Tract 634. This census tract has an approximate population of 4,776 residents with 65 active on-sale alcohol licenses which is a per capita ratio of one on-sale license for every 73 residents. The per capita ratio of on-sale alcohol licenses for Orange County is one license for every 822 residents. This location meets the legal criteria for undue concentration pertaining to alcohol establishments. 2. Several other establishments along West Coast Highway currently have active ABC Licenses, most of which are bona fide eating and drinking establishments and are not defined as bars, lounges, or nightclubs by the Zoning Code. The closest establishments selling alcoholic beverages for on-site consumption are directly abutting the project site: The Shamrock Bar &Grill (2633 West Coast Highway, Suite C) to the west operates with a Type 47 (On-Sale General - Eating Place) ABC license and The House (2601 West Coast Highway) to the east operates with Type 57 (Special On-Sale General) and 58 (Caterer Permit) ABC licenses. 3. The Project’s proximity to other establishments selling alcohol does not raise concern due to the limited characteristics of the use, including 2,646 square feet of interior net public area with conditioned hours of operation that are limited from 11:00 a.m. to 10:30 p.m., Monday through Thursday; 11:00 a.m. to 11:00 p.m., Friday, Saturday, and Holidays; and 9:30 a.m. to 10:30 p.m. on Sunday. The proposed cessation of alcohol sales is reduced from the current allowed hours approved by Use Permit No. 3627, resulting in no late hour operations. Conditions of approval will further prevent the establishment from operating as a bar, lounge, or nightclub. 4. Although the per capita ratio of on-sale alcohol licenses to residents is higher than the average in the County and the Property is proximate to establishments selling Zoning Administrator Resolution No. ZA2023-064 Page 5 of 15 alcoholic beverages for on-site and off-site consumption, the operational conditions of approval recommended by the NBPD and requirement to obtain an operator’s license will ensure compatibility with the surrounding uses and minimize alcohol related impacts. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. No objectionable conditions are presently occurring at the Property. The Property has historically been used as a restaurant. There is no evidence that suggests the Project will create objectionable conditions with the proposed hours of operation. 2. The Project has been reviewed by the NBPD, which has provided conditions of approval as provided in the draft resolution. The conditions of approval help to ensure that the purpose and intent of Section 20.48.030 of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. The NBPD do not anticipate detrimental conditions due to the proposed limited operational characteristics and conditions. 3. As conditioned, the owners, managers, and employees selling alcohol are required to undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. 4. The Project proposes to add a DJ and/or pre-programmed amplified music in addition to the existing live entertainment approval for waitstaff singing/performances. Condition of Approval No. 9 limits the hours of operation and Conditions of Approval No. 10 through 12 limits the type and hours of live entertainment allowed within the restaurant. Minor Use Permit In accordance with Section 20.52.020 (F) (Conditional Use Permits and Minor Use Permits – Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: 1. The General Plan Land Use category for this property is Mixed Use Water (MU-W1). The MU-W1 land use designation encompasses waterfront properties along the Mariner’s Mile Corridor, in which marine-related, visitor-serving, commercial and residential uses are intermixed with buildings that provide residential uses above the ground floor. The Project is consistent with the land uses permitted within this land use designation of the General Plan, as it concerns an existing restaurant that intends to serve nearby residents and visitors to the city. Zoning Administrator Resolution No. ZA2023-064 Page 6 of 15 2. The Property is not part of a specific plan area. Finding: B. 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 Property is located in the Mixed-Use Water (MU-W1) Zoning District, which applies to waterfront properties along the Mariner’s Mile Corridor in which nonresidential and residential dwelling units may be intermixed. Food service with no late hours is permitted with the approval of a minor use permit in the MU-W1 Zoning District. The existing restaurant was constructed in 1968, prior to the requirement for a use permit. 2. The existing restaurant operates pursuant to both Use Permit No. UP3288 and UP3627. On August 20, 1987, the Planning Commission approved Use Permit No. UP3288 authorizing on-site valet parking and compact parking spaces to accommodate a portion of the required parking. On March 19, 1998, the Planning Commission approved UP3627 authorizing live entertainment involving singing and dancing performances by waiters and waitresses in association with amplified music. Under this use permit, the restaurant was authorized for a net public area of 2,725 square feet. Use Permit No. UP3627 also incorporated all conditions of UP3288 by reference in the conditions of approval. 3. On January 18, 2019, the Community Development Director approved Staff Approval No. SA2018-010 (PA2018-283) to allow interior remodel and Americans with Disabilities Act (ADA) site improvements related to the parking lot layout at an existing food service establishment with a Type 47 (On-Sale General) ABC license and late hours of operation (Attachment ZA 5). Per Newport Beach Municipal Code (NBMC) Section 20.40.110 (A) (Adjustments to Off-Street Parking Requirements), the Community Development Director administratively reduced the required parking to accommodate required ADA improvements. The updated parking layout resulted in 55 on-site parking spaces where 57 parking spaces were originally required under Use Permit No. UP3288. Additionally, the net public area of the restaurant was reduced to 2,646 square feet and 178 seats. 4. The Project does not increase the required parking for the restaurant and only minor construction is proposed within the existing tenant space to remove two seating booths and construct the DJ/music booth. 5. Approval of this Minor Use Permit supersedes the conditions of approval of Use Permits No. 3288 and 3627. All applicable conditions of approval for Staff Approval No. SA2018- 2010 (PA2018-283) shall remain in effect. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Zoning Administrator Resolution No. ZA2023-064 Page 7 of 15 Facts in Support of Finding: 1. The existing restaurant is located within the Mariner’s Mile Corridor, which includes a variety of commercial uses intermixed with residential dwelling units. The Property is located along West Coast Highway and consists of an existing restaurant surrounded by a mix of commercial uses to the east, north, and west. Nearby businesses include the Shamrock Bar and Grill (2633 West Coast Highway) to the west, The House Restaurant (2601 West Coast Highway) to the east, and Lido Consignment (2700 West Coast Highway, Suite #100) to the north. 2. The existing commercial building is oriented towards West Coast Highway to the north and the water to the south, facing away from the adjacent commercial neighbors. The surrounding properties fronting West Coast Highway are also in the MU-W1 Zoning District to provide a range of commercial uses to serve nearby residential neighborhoods and visitors to the city. The nearest residential dwelling is approximately 660 feet from the subject building to the northeast along Tustin Avenue and is additionally separated by the parking lot of the business. 3. The Applicant is proposing the hours of operations between 11:00 a.m. to 10:30 p.m., Monday through Thursday; 11:00 a.m. to 11:00 p.m., Friday, Saturday, and Holidays; and 9:30 a.m. to 10:30 p.m. Sundays, when it is currently permitted to operate until 11:30 p.m. on Fridays, Saturdays, and holidays. The project does not propose late hours (past 11 p.m.) which will minimize any disturbance to nearby properties. 4. Fact 3 in support of Finding B is hereby incorporated as reference. 5. Due to location and operational characteristics of the establishment, the proposed live entertainment is not anticipated to cause noise disturbances to surrounding commercial or residential properties. Per Conditions of Approval #9 through 12 of this resolution, all live entertainment is limited to the interior of the restaurant with all doors and windows closed, hours for performances are limited to between the hours of 11:00 a.m. and 10:00 p.m., sound amplification devices which do not provide volume control are prohibited, and the business are to comply with Chapter 10.26 (Community Noise Control) of the NBMC. The NBPD has reviewed the project and has no objections to the proposed live entertainment. There have been no calls for service for loud music or noise disturbances at this location since January 1, 2019. Finding: D. 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 Property is located on West Coast Highway between Riverside Avenue and Tustin Avenue, within the Mariner’s Mile Corridor. An on-site parking lot is accessible to patrons and employees from West Coast Highway. The proposed reduction in hours of operation Zoning Administrator Resolution No. ZA2023-064 Page 8 of 15 and modification to the existing live entertainment are not expected to result in increased vehicular and pedestrian traffic that would negatively impact access to the Property. 2. The existing restaurant is located within an existing commercial building serviced by all necessary utilities. A minor alteration to remove two seating booths is proposed to create the proposed DJ station. The design, location, shape, size, and operating characteristics of the use are compatible with the existing commercial uses the surrounding areas. 3. The Project has been reviewed by the City’s Public Works and Fire Departments has reviewed the Project to ensure adequate public and emergency vehicle access is provided and does not have any concerns with the proposed use. Finding: E. 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 proposed hours of operation and live entertainment request have been reviewed and this resolution includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The business operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The Project has been conditioned with typical daytime and evening hours of operation (no late hours) that will minimize any detriment to the surrounding area. Condition of Approval No. 9 limits the hours of operation and Conditions of Approval No. 10 through 12 limits the type and hours of live entertainment allowed within the restaurant. 3. As conditioned, all owners, managers, and employees selling alcohol are required to undergo and successful complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. The certified program must meet the standards of the certifying/licensing body designated by the State of California and records of successful completion shall be maintained on the premises. 4. The Project does not increase the parking requirement and only minor alterations are proposed within the existing tenant space to remove two seating booths and construct the DJ booth. The Project will not result in a detriment to the existing retail, service, and residential uses of the surrounding area. Zoning Administrator Resolution No. ZA2023-064 Page 9 of 15 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit PA2023-0119, subject to the conditions set forth in Exhibit “B,” which is attached hereto and incorporated by reference. 2. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act under 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. 3. This resolution supersedes Use Permit No. 3288 and 3627, which vesting of the rights authorized by the Minor Use Permit (PA2023-0119), shall become null and void. 4. This action shall become final and effective 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 by the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF OCTOBER 2023. Zoning Administrator Resolution No. ZA2023-064 Page 10 of 15 EXHIBIT “A” LEGAL DESCRIPTION APN: 049-150-27 Parcel 1: The Northwesterly 87.99 feet of the Southeasterly 1,387.99 feet of Lot "H” of Tract No. 919, in the City of Newport Beach, County of Orange, State of California, as shown on a map thereof recorded in Book 29, Pages 31, 32, 33 and 34 of Miscellaneous Maps, records of said Orange County, said footage being measured along the Southwesterly line of said Lot "H'' and the Northwesterly and Southeasterly lines of said 87.99 feet, being parallel with the Northwesterly line of said Lot "H”. Parcel 2: The Southeasterly 25 feet of the Northwesterly 575 feet of Lot "H'' of Tract No. 919, as shown on a map thereof recorded in Book 29, Pages 31, 32, 33 and 34 of Miscellaneous maps, records of said Orange County, said 575 feet being measured along the Southwesterly line of said Lot "H" and the Southeasterly line thereof being parallel with the Northwesterly line of said Lot "H". Excepting any of Parcels 1 and 2 which was formerly tidelands lying Southerly and Waterward of the U.S. Bulkhead line between Stations U.S. 129 and U.S. 130 which is also the mean high tide line established in Orange County Superior Court Case No. 23687. Commonly known as 2607 West Coast Highway, Newport Beach, California. Zoning Administrator Resolution No. ZA2023-064 Page 11 of 15 EXHIBIT “B” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. 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. 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 Minor Use Permit. 5. This Minor 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 is materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new Use Permit. 7. Approval of this Minor Use Permit supersedes the conditions of approval of Use Permits No. 3288 and 3627. All applicable conditions of approval for Staff Approval No. SA2018-2010 (PA2018-283) shall remain in effect. 8. The hours of operation for the establishment shall be limited to: 11:00 a.m. to 10:30 p.m., Monday through Thursday; 11:00 a.m. to 11:00 p.m., Friday, Saturday, and Holidays; and 9:30 a.m. to 10:30 p.m. on Sundays. 9. Live entertainment shall be limited to 1) Waitstaff performances and patron participation in association with pre-recorded music, and/or 2) A DJ station with live DJ or pre- programmed amplified music only. The sound of these activities shall be confined to the interior of the restaurant and all doors and windows of the establishment shall Zoning Administrator Resolution No. ZA2023-064 Page 12 of 15 remain closed during all performances, except when persons enter and leave by the main entrance of the facility. 10. Live entertainment hall be limited to between the hours of 11:00 a.m. and 10:00 p.m., daily. 11. The use of bull horns, megaphones, sirens and other sound amplification equipment which does not provide volume control capabilities shall be prohibited. 12. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 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 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Single-, two-or multiple-family residential 45dBA 55dBA 40dBA 50dBA Residential portions of mixed- use properties 45dBA 60dBA 40dBA 50dBA Commercial N/A 65dBA N/A 60dBA Industrial or manufacturing N/A 70dBA N/A 70dBA 13. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 14. A copy of the Resolution, including conditions of approval, Exhibit “B,” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 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. No outside paging system shall be utilized in conjunction with this establishment. 17. 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. 18. 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 Zoning Administrator Resolution No. ZA2023-064 Page 13 of 15 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). 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. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Minor Use Permit. 21. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City. 22. 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. 23. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, 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. 24. A Special Event Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permit. 25. Prior to operation of proposed live entertainment, the Applicant shall obtain a Live Entertainment Permit from the Revenue Division. 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 the GuacAmigos Minor Use Permit including, but not limited to, PA2023-0119. 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 Zoning Administrator Resolution No. ZA2023-064 Page 14 of 15 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. Building Division 27. The restaurant shall provide an accessible path of travel to the DJ booth. Fire Department 28. Any changes to the approved seating and occupant load design will require a review by Newport Beach Fire Department. 29. No portion of the design egress pathways can be obstructed by the new equipment. 30. No use of special effects such as, fire, smoke, visual effects created by a chemical compound or other items that would potentially cause fire/panic hazards. Police Department 31. The approval is for an eating and drinking establishment with on-sale alcoholic beverage service. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On-Sale General – Eating Place) license in conjunction with the restaurant as the principal use of the facility. 32. 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 may be cause for revocation of the use permit. 33. Prior to the combination of alcohol service and the live DJ use, the Operator of the establishment shall secure, maintain, and abide by an Operator License pursuant to Chapter 5.25 of the Municipal Code. 34. 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 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 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. 35. Food service shall be made available to patrons until closing. Zoning Administrator Resolution No. ZA2023-064 Page 15 of 15 36. “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 requirement or the sale of drinks is prohibited (excluding charges for prix fixe meals). 37. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 38. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 39. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 40. There shall be no reduced-price alcoholic beverage promotions after 9:00 p.m. 41. The sale of alcoholic beverages for consumption off the premises shall be prohibited. 42. 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. 43. 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. 44. There shall be no dancing allowed on the premises. 45. The removal or relocation of tables, chairs, stools, or other furniture to accommodate an area for standing or dancing shall be prohibited. 46. 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 is prohibited. 47. Strict adherence to maximum occupancy limits is required. 48. The Applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. 49. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code.