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HomeMy WebLinkAboutPC2024-020 - SUPERSEDING ALL PRIOR APPROVALS AND APPROVING A CONDITIONAL USE PERMIT TO WAIVE A PORTION OF THE REQUIRED OFF-STREET PARKING AND ALLOW AN EXPANDED OUTDOOR DINING AREA FOR AN EXISTING RESTAURANT OPERATING WITH A TYPE 41 (ON-SALE BEER AND WINERESOLUTION NO. PC2024-020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SUPERSEDING ALL PRIOR APPROVALS AND APPROVING A CONDITIONAL USE PERMIT TO WAIVE A PORTION OF THE REQUIRED OFF- STREET PARKING AND ALLOW AN EXPANDED OUTDOOR DINING AREA FOR AN EXISTING RESTAURANT OPERATING WITH A TYPE 41 (ON-SALE BEER AND WINE) ALCOHOL BEVERAGE CONTROL LICENSE LOCATED AT 240 NEWPORT CENTER DRIVE, SUITE 100 (PA2021-309) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Natasha Kazic (“Applicant”) with respect to property located at 240 Newport Center Drive, Suite 100, and legally described as Parcel 5 of Resubdivison 289 (“Property”), requesting approval of a conditional use permit. 2. The Applicant operates a restaurant known as Wild Strawberry Cafe (“Restaurant”) within the Design Plaza business center (“Design Plaza”) in the 200 Block of Newport Center Drive. The Restaurant is approximately 873 gross square feet and is permitted to operate with 300 square feet of interior customer area and 75 square feet of outdoor dining area. The Applicant requests to expand the outdoor dining area to approximately 658 square feet. Alcohol service would be offered on a portion of the expanded outdoor dining area, delineated with planters, through the restaurant’s existing Type 41 (On-Sale Beer and Wine – Eating Place) Alcoholic Beverage Control (“ABC”) License. The hours of operation will remain from 7 a.m. to 6 p.m., daily. Aside from the expanded patio and alcohol service area, there are no other operational changes proposed. In order to authorize the larger outdoor dining area, the Applicant requests to waive the additional parking spaces required (“Project”). Approval of the Project would supersede Use Permit Nos. UP2021-026 (PA2021-135) and UP2003-051 (PA2003-295), Outdoor Dining Permit No. OD2004-002 (PA2004-220), and Staff Approval No. SA2004-018 (PA2004-220). 3. The Property is categorized as Regional Commercial Office (CO-R) by the Land Use Element of the General Plan and located within the Office-Regional (OR) Zoning District. 4. The Property is not located within the coastal zone; and therefore, a coastal development permit is not required. 5. A public hearing was held on September 5, 2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 2 of 16 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 (Existing Facilities) 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 will increase the area dedicated to outdoor dining for an existing restaurant within a fully developed business center from 75 square feet to 658 square feet. The Project does not involve new construction, rather, outdoor furniture will be placed within the breezeway adjacent to the Restaurant. While the Project increases the area used for outdoor dining, the additional capacity is a negligible expansion of use considering the Restaurant and its surrounding development. SECTION 3. REQUIRED FINDINGS. Alcohol Sales In accordance with Section 20.48.030(C)(3) (Alcohol Sales – Permit Requirements) of the 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 an area the Newport Beach Police Department (“NBPD”) has designated as Reporting District (“RD”) 39. RD 39 is bordered to the north by San Joaquin Hills Road, to the east by MacArthur Boulevard, to the south by East Coast Highway, and to the West by Jamboree Road. 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 the California Department of Alcoholic Beverage Control (“ABC”). Part One Crimes are the eight most serious crimes defined by the FBI Uniform Crime Report: criminal homicide, rape, robbery, aggravated assault, burglary, larceny-theft, auto theft, and arson. RD 39 is considered a higher crime area, as compared to other RDs within the City. The RD 39 crime count for 2023 is 430, which is 312% over the citywide average of 118 crimes per RD. The higher crime rate is largely attributable to the concentration of Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 3 of 16 commercial land uses and the high ratio of nonresidential to residential uses. For example, the RD to the southeast, RD 44, contains the entire commercial corridor of Corona del Mar. RD 44 is smaller in land area than RD 39, yet it also demonstrates a high number of crimes compared to the citywide RD average due to the similar ratio of nonresidential to residential land use. The remaining neighboring RDs, 43 and 47, are primarily residential with few commercial uses. As a result, they have a significantly lower number of crimes. Their crime counts are 40 and 65, respectively. 2. The NBPD has reviewed the Project and has no objection based on the location, operational characteristics, and early closing hour. As part of its review, the NBPD recommended carrying over all conditions of approval from Use Permit No. UP2021- 026, which have all been incorporated in Exhibit “A” 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. RD 39 is reported to ABC as a high crime area as compared to other reporting districts in the City. For RD 39, the highest volume crime is theft/larceny and the highest volume arrest is for narcotics. DUI, public intoxication, and liquor law violations make up just 12% of arrests in this RD. All adjacent RDs have lower reported crime and arrests, due in part to low ratio of nonresidential to residential land uses. 2. According to the NBPD memorandum, there were 15 calls for service to the Property and one arrest in 2023. A review of the calls however revealed they were not related to the Restaurant, rather the 240 Newport Center Drive address was used to geographically tag the general area. None of the calls for service or arrests were related to alcohol, suggesting the calls are not indicators of poor business practices. Furthermore, no calls were due to the outdoor dining currently occurring. Therefore, the NBPD has no concerns with the Project. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. The Property and surrounding business center do not abut sensitive land uses and are separated from other uses by parking lots, roadways, and other commercial buildings. The Property It is approximately 1,300 feet from the nearest residential district (Granville Community), 4,000 feet from the nearest day care center (Del Mar Lincoln Child Development), 800 feet from the nearest parks and recreation facility (Civic Center Park), 4,000 feet from the nearest place of religious assembly (Community Church Congregational), and 3,000 feet from the nearest school (Harbor View Elementary School). Due to the distances from these uses, the continued sale and service of alcohol is not anticipated to create concerning conditions. Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 4 of 16 iv. The proximity to other establishments selling alcoholic beverages for either off-site or on- site consumption. 1. Muldoon’s Irish Pub is located at 202 Newport Center Drive to the north of the Restaurant, at the intersection of Anacapa and Newport Center Drive. Muldoon’s is authorized to operate until 2 a.m. and provides live entertainment and dancing. Muldoon’s holds a Type 47 (On-Sale General – Eating Place) and a Type 68 (Portable Bar) ABC License. Approximately 3,600 feet away to the northeast, Whole Foods Market provides off-sale alcohol service with a Type 21 (Off-Sale General) ABC License. Korker Liquor, approximately 2,600 feet to the southeast, also provides off-sale alcohol service with a Type 21 (Off-Sale General) ABC License. Additionally, there are many restaurants with the Fashion Island Shopping Center with on-sale ABC licenses. For example, Red-O holds a Type 47 (On-Sale General – Eating Place), Type 58 (Caterer’s Permit), and Type 68 (Portable Bar) ABC License. JOEY Newport Beach and True Food Kitchen hold a Type 47 (On-Sale General – Eating Place). There is no evidence suggesting these uses have been detrimental to the neighborhood. 2. The Property is in Census Tract 630 for which the per capita ratio of on-sale alcohol license is one license for every 75 residents. This is higher than the citywide and countywide per capita ratios; however, the NBPD does not anticipate any increase in crime or alcohol-related incidents with the approval of this Project given the limited operational characteristics and early closing hour. Additionally, the Restaurant has operated with alcohol service for approximately 3 years without any notable issue. 3. The Restaurant’s proximity to other establishments selling alcohol does not raise concern due to the Project’s limited alcohol service restricted by the conditions of approval. Specifically, Condition of Approval No. 27 explicitly prohibits the establishment from operating as a bar, lounge, or nightclub and Condition of Approval No. 28 requires the quarterly gross sales of alcoholic beverages to not exceed the gross sales of food during the same period and. Alcohol service will maintain accessory to the primary function of the business as a restaurant. v. Whether or not the proposed amendment will resolve any current objectionable conditions. 1. A restaurant with outdoor dining has been at this location since 2004. However, the Restaurant currently uses an unpermitted outdoor dining area configuration that exceeds the 75-square-foot limitation. The project will formally recognize and authorize the expanded area. There are no other objectionable conditions occurring. 2. The Project has been reviewed by the NBPD, which required that all previous conditions of approval related to alcohol service be incorporated into the approval for this Project. These conditions of approval will 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. For example, Condition of Approval No. 26 requires the owners, managers, and employees selling Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 5 of 16 alcohol undergo and successfully complete a certified training program in responsible methods and skills for selling alcohol. This should help ensure that no patron is overserved and that objectionable conditions are avoided. Conditional 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: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding 1. The Property is categorized as Regional Commercial Office (CO-R) by the Land Use Element of the General Plan. Regional Commercial Office (CO-R) applies to areas where it is the intent of the Land Use Element to provide areas appropriate for corporate, administrative, and professional offices with accessory limited financial, retail, service, and entertainment uses. 2. Eating and drinking establishments with alcohol service (i.e., “restaurants”) are consistent with the Regional Commercial Office (CO-R) designation by providing a complementary service to the nearby corporate, administrative, and professional office workers. The expanded outdoor dining area does not alter the mix of commercial uses within Design Plaza or change the primary use of the area away from corporate, administrative, or professional offices. 3. The Project will also serve residents of and visitors to Newport Beach, which helps ensure the area remains vibrant and successful. The Project is in support of General Plan Policy LU 2.4 (Economic Development) which encourages the accommodation of uses that maintain or enhance Newport Beach’s fiscal health and account for market demands, while maintaining and improving the quality of life for current and future residents. 4. 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 Property is located within the Office Regional Commercial (OR) Zoning District. Similar to the Land Use categorization of Regional Commercial Office (CO-R), the Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 6 of 16 OR Zoning District is also intended to provide for corporate, administrative, and professional offices that serve local and regional markets, with accessory limited financial, retail, service, and entertainment uses. 2. Table 2-5 of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC allows for a full service, eating and drinking establishment with alcohol service and no late hours within the Office-Regional (OR) Zoning District subject to the approval of a minor use permit. However, the proposed expanded outdoor dining area requires additional parking where no surplus is available. As such, the Applicant is requesting to waive the additional required parking pursuant to Section 20.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC. The requested parking adjustment elevates the requirements for a minor use permit to a conditional use permit. Facts 1 through 8 in support of Finding G substantiate the request and are incorporated herein by reference. 3. The Restaurant operates pursuant to Minor Use Permit No. UP2021-026 (PA2021- 135), Use Permit No. UP2003-051 (PA2003-295), Outdoor Dining Permit No. OD2004-002 (PA2004-220), and Staff Approval No. SA2004-018 (PA2004-220). Aside from the expanded outdoor dining area and alcohol service, all other characteristics, including the type of alcohol license, the interior configuration of the restaurant, and the hours of operation will remain unchanged. The success of the restaurant with the historic conditions of approval suggests that the conditions are appropriate and working well to help ensure compatibility with surrounding uses. All relevant conditions have been carried forward as part of Exhibit “A” of this resolution. 4. During the COVID-19 pandemic, the outdoor dining area expanded beyond the permitted 75 square feet. Condition of Approval No. 3 of UP2021-026 required the Applicant to return the outdoor dining area to the configuration approved by Outdoor Dining Permit No. OD2004-002 (PA2004-220). Due to the popularity and use of the expanded outdoor dining area, the Applicant instead opted to file the subject application to make the temporary improvement permanent. Once approved, the Restaurant will comply with Section 20.48.090 (Eating and Drinking Establishments) of the NBMC. 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 located on the ground floor existing multi-tenant, two-story, commercial building within a business center. Adjacent ground floor tenants include medical offices and other service uses. There are professional offices above. The walkway between tenant suites is generally covered and creates a protected Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 7 of 16 breezeway. The Restaurant is within a corner suite and is both easily visible and accessible from the large, shared, parking lot. 2. The Restaurant consists of 300 square feet of interior area dedicated to customer service and seating with the remaining 573 square footage developed as a unisex restroom, and back of house areas for food prep. The outdoor dining area is immediately adjacent to the Restaurant’s space within the breezeway. There is no construction proposed with this Project, rather, tables, chairs, umbrellas, planters, and any barriers required by ABC will be placed within the breezeway. A path of travel will be maintained through the breezeway and as required to provide unobstructed exiting from the interior of the Restaurant. 3. The Restaurant’s current hours of operation from 7 a.m. to 6 p.m. are consistent with the business hours of other uses in Design Plaza and reiterate its primary intent as an amenity for businesses in and visitors to the Newport Center area. 4. Fact 2 in support of Finding A(v) is incorporated herein by reference. 5. There is a common trash enclosure with a gate located approximately 140 feet to the north. It is conveniently located where materials can be deposited and collected without impeding parking. The existing trash storage area is adequate to accommodate the waste generated from the business and complies with Section 20.30.120 (Solid Waste and Recyclable Materials Storage) 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. Design Plaza is accessible from both Civic Center Drive to the south and Anacapa Drive to the west. There is a large, 649-space, surface parking lot that is shared by all buildings within the complex. 2. The Project was reviewed by the Fire Marshal, Public Works Department, and Building Division. It was determined that adequate public and emergency vehicle access is provided, and that adequate public services and utilities are provided to the Property. 3. As conditioned, the Applicant is required to obtain all necessary approvals from Orange County Health Department to ensure the safety and welfare of customers and employees. Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 8 of 16 Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The Project includes conditions of approval to help ensure potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The outdoor dining area will also need to comply with the City’s noise ordinance, as stated in Condition of Approval No. 15. Additionally, Conditional of Approval No. 30 prohibits live entertainment, an activity with the potential to disrupt the surrounding businesses. 2. The Project was reviewed by the Code Enforcement Division. There were no complaints on file, suggesting the expanded outdoor dining area does not 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. 3. The Restaurant provides dining services as a convenience to the adjacent office workers and visitors to Design Plaza. The expanded outdoor dining area complements the principal use of the tenant suite as a restaurant and provides economic opportunity for the Applicant to maintain a successful business in a way that best serves the community. 4. Fact 2 in support of Finding B is incorporated herein by reference. 5. Fact 2 in support of Finding A(v) is incorporated herein by reference Off-Street Parking Reduction In accordance with Section 21.40.110 (Adjustments to Off-Street Parking Requirements) of the NBMC, off-street parking requirements may be reduced with the approval of a conditional use permit in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC. The following findings and facts in support of such findings are set forth: Finding: G. The Applicant has provided sufficient data, including a parking study if required by the Director, to indicate that parking demand will be less than the required number of spaces or that other parking is available (e.g., City parking lot located nearby, on-street parking available, greater than normal walk in trade, mixed-use development); Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 9 of 16 Facts in Support of Finding: 1. Pursuant to Table 3-10 of Section 20.40.040 (Off-Street Parking Spaces Required) of the NBMC, a full-service restaurant requires one parking space per every 100 square feet of gross floor area and one parking space per every 150 square feet of outdoor dining area. As the Restaurant operates in an 873-square-foot tenant space and proposes 658 square feet of outdoor dining, 14 parking spaces are required. 2. Under previous approvals, the Restaurant was parked at a rate of one space required for every 250 square feet of gross floor area. The outdoor dining patio was not required to provide parking. This formula resulted in a parking requirement of four spaces. 3. The Project results in an increase of 10 required parking spaces over the permitted condition. To permit the Project, a parking waiver of 10 spaces is required. 4. Design Plaza provides approximately 649 parking spaces within a shared parking pool. The parking pool is distributed between five zones and serves nine, multi- tenant, buildings. The Restaurant is located adjacent to the area designated as Parking Zone 1. 5. Staff performed observational parking counts of the entire parking pool on Wednesday April 3, 2024, and Wednesday April 10, 2024. Counts were conducted at one-hour intervals beginning at 9 a.m., 12 p.m., and 4 p.m. Parking demand for the overall parking pool peaked on April 3, at 12 p.m., with approximately 66 percent of the overall parking pool occupied, or a 34% of parking spaces available. Parking demand for the adjacent parking area, Parking Zone 1, peaked at 12 p.m. on April 3 with 20% of parking spaces available, or 35 parking spaces available. At no point during the observational counts were any of the zones observed to be fully occupied. 6. The Restaurant benefits from a high number of walk-in customers. With Design Plaza having multiple office and service uses in proximity to the Restaurant, it serves many customers that were originally patronizing other businesses within the center. Additionally, the Restaurant is in proximity to customers that work within the business center, the nearby offices in Newport Center to the north, and Corporate Plaza to the south. These customers are likely to walk in, especially during the lunch hour, when parking demand peaks. 7. Given the Restaurant is already operating with the expanded outdoor dining area, it is unlikely that approval of the Project will generate additional parking demand beyond what was already observed. 8. The City Traffic Engineer has reviewed and accepted the observational counts as a valid indicator of the parking demand and supply at Design Plaza and has no concerns with the Project. Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 10 of 16 Finding: H. A parking management plan shall be prepared in compliance with subsection (C) of this section (Parking Management Plan). Fact in Support of Finding: Given the observational counts conclude that on-site parking provided within Design Plaza is adequate to accommodate the expanded outdoor dining area, no parking management plan has been required. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby finds this Project is categorically exempt from 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 Planning Commission of the City of Newport Beach hereby approves PA2021-309, 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 Minor Use Permit No. UP2021-026 (PA2021-135) and UP2003-051 (PA2003-295), Outdoor Dining Permit No. OD2004-002 and Staff Approval No. SA2004-018 (PA2004-220), which upon vesting of the rights authorized by PA2021- 309, shall all become null and void. PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF SEPTEMBER, 2024. AYES: Barto, Ellmore, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: Harris Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 11 of 16 BY:_________________________ Mark Rosene, Chair BY:_________________________ Dave Salene, Secretary Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 12 of 16 CONDITIONS OF APPROVAL Planning Division 1. The development shall be in substantial conformance with the approved floor plan stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the NBMC. 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 CUP. 5. This CUP may be modified or revoked by the 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 of the restaurant, shall require subsequent review and approval by the Planning Division. If deemed significant, an amendment to this CUP or processing of a new permit may be required. 7. Hours of operation shall be limited between 7 a.m. and 6 p.m. daily. 8. The use of area heaters shall be approved by the Building Division and the Fire Department prior to installation or use. The use of propane heaters and the storage of propane containers on the premises is prohibited, unless otherwise approved by the Fire Department. 9. Fences, walls, or similar barriers shall serve to define the outdoor dining area, shall meet the minimum requirements required by the Alcoholic Beverage Control License, and shall not constitute a permanent all-weather enclosure. 10. The approved outdoor dining area shall be located on a solid surface. The seating adjacent to the Restaurant shall be limited to the areas as delineated on the approved floor plan only. 11. 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. Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 13 of 16 12. All trash shall be stored within the building or within dumpsters stored in the trash enclosure or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 13. Storage outside of the building, apart from the required trash containers, shall be prohibited. 14. 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). 15. 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. 16. No outside paging system shall be utilized in conjunction with this food service establishment. 17. 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 CUP. 18. 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. 19. 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. 20. Prior to the issuance of any building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 21. Prior to the issuance of any building permit, the Applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 14 of 16 22. Should this business 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 owner or the leasing company. 23. 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 Strawberry Cafe Outdoor Dining Expansion including, but not limited to, PA2021-309. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s 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, attorney’s 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 24. The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer and Wine – Eating Place). Any substantial change in the ABC license type shall require subsequent review and potential amendment of the Use Permit. 25. The expanded outdoor dining area must be licensed by ABC prior to use. 26. 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 three 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. 27. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the NBMC. 28. 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. Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 15 of 16 29. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 30. There shall be no live entertainment or dancing allowed on the premises. 31. Food service from the regular menu shall be made available to patrons until closing. 32. 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. 33. 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. 34. “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). 35. Strict adherence to maximum occupancy limits is required. 36. The Applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. 37. 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. 38. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Building Division 39. Approval from the Orange County Health Department is required. 40. Accessible outdoor seating shall be provided. 41. An accessible path to the outdoor seating area shall be maintained . 42. Outdoor seating areas are not permitted to obstruct exit paths. Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7 Planning Commission Resolution No. PC2024-020 Page 16 of 16 Fire Department 43. Egress to the public walkway shall be maintained at all times. Docusign Envelope ID: D230CFDF-16B8-4BA9-8474-FD422DD812F7