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HomeMy WebLinkAboutZA2025-008 - APPROVING A MINOR USE PERMIT, COASTAL DEVELOPMENT PERMIT, AND LOT MERGER FOR AN OUTDOOR DINING PATIO AT AN EXISTING RESTAURANT LOCATED AT 5930 WEST COAST HIGHWAY AND 205, 206, AND 207 60TH STREET (PA2023-0191)RESOLUTION NO. ZA2025-008 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT, COASTAL DEVELOPMENT PERMIT, AND LOT MERGER FOR AN OUTDOOR DINING PATIO AT AN EXISTING RESTAURANT LOCATED AT 5930 WEST COAST HIGHWAY AND 205, 206, AND 207 60TH STREET (PA2023-0191) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Government Solutions, Inc., with respect to property located at 5930 West Coast Highway and 206 60th Street, and legally described as Lots 4, 5, 6, and 7 of Block 159 of the River Section Tract and property located at 205 and 207 60th Street, and legally described as Lots 14 and 15 of Block 160 of the River Section Tract. The applicant is requesting approval of a minor use permit, coastal development permit, and lot merger. 2. On June 21, 1962, the Planning Commission approved Use Permit No. 862 to allow the sale of beer and wine for the existing restaurant. Subsequently, on April 23, 1981, the Planning Commission approved Use Permit No. 1980, to allow live entertainment for the existing restaurant. 3. On October 20, 1997, the Planning Commission approved Accessory Outdoor Dining Permit No. 25 to allow a 262 square-foot accessory outdoor dining area for the existing restaurant. 4. As part of the City’s response to the COVID-19 Pandemic with Emergency Order No. 2020-005, on May 28, 2020, the Community Development Director approved Emergency Temporary Use Permit No. UP2020-007 and Emergency Coastal Development Permit No. CD2020-023 that allowed temporary outdoor dining with 12 tables in the rear parking lot of the existing restaurant (i.e., Cappy’s Café). 5. On July 2, 2020, the Community Development Director approved Emergency Temporary Use Permit No. UP2020-063 and Emergency Coastal Development Permit No. CD2020- 052 that allowed an increase for 20 tables of outdoor dining approximately 1,800 square- feet in the parking lot of Cappy’s Café. The outdoor dining temporarily displaced 14 parking spaces. 6. After termination of the Emergency Order on June 22, 2021, the Zoning Administrator approved Limited Term Permit No. XP2021-005 and Coastal Development Permit No. CD2021-036 on December 16, 2021, to allow a reduction to an 800 square-foot outdoor dining area for up to one year term. On December 23, 2022, the Zoning Administrator approved an extension of time of Limited Term Permit No. XP2021-005 and Coastal Zoning Administrator Resolution No. ZA2025-008 Page 2 of 16 10-18-21 Development Permit No. CD2021-036 for a one-year term to expire on December 30, 2023. 7. The applicant is requesting a minor use permit and coastal development permit to remove an existing temporary outdoor dining patio and construct a permanent 440-square-foot outdoor dining patio for an existing restaurant. The existing restaurant has a Type 47 (On- Sale General Eating Place) Alcoholic Beverage Control (ABC) License and provides live entertainment, which would continue as part of the project. No changes to the operational characteristics of the existing restaurant are requested and no late hours (i.e. after 11:00 p.m.) are proposed. Additionally, the applicant is requesting a lot merger to merge three underlying legal lots into one lot. If approved, this Minor Use Permit would supersede Use Permit No. UP1980, Use Permit No. UP862, and Accessory Outdoor Dining Permit No. 25. 8. The subject property is designated Visitor Serving Commercial (CV) by the General Plan Land Use Element and is located within the Commercial Visitor-Serving (CV) Zoning District. 9. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Visitor Serving Commercial – (0.0 – 0.75 FAR) (CV-A) and it is located within the Commercial Visitor-Serving (CV) Coastal Zoning District. 10. A public hearing was held on January 30, 2025, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15315 under Class 15 (Minor Land Divisions) 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 existing use. The project involves the removal of a temporary outdoor dining patio and the construction of a new outdoor dining patio that will be maintained on a permanent basis for an existing restaurant which is considered a negligible expansion of the existing use. 3. The Class 15 exemption allows the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and Zoning; no variances or exceptions are required; all services and access to the proposed parcels are available; the parcel was not involved in a division of a larger parcel within the previous two years; and the parcel does not have Zoning Administrator Resolution No. ZA2025-008 Page 3 of 16 10-18-21 an average slope greater than 20%. This exemption includes a lot merger of three underlying lots that will not result in the creation of any new parcels and will comply with the conditions specified above. SECTION 3. REQUIRED FINDINGS. 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 the property is Visitor Serving Commercial (CV), which is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. The restaurant is located on West Coast Highway in West Newport and accommodates both residents and visitors to the City. The restaurant has a temporary outdoor dining patio that was constructed as a result of the COVID-19 Pandemic and the project proposes to remove the temporary outdoor dining patio and construct a new permanent outdoor dining patio to enhance the existing restaurant. 2. The property is in the West Newport area and pursuant to Land Use Element Policy LU 3.3 (Opportunities for Change) of the General Plan, the West Newport area supports the consolidation of retail and visitor-serving commercial uses, and new residential opportunities. The existing restaurant serves as a visitor-serving commercial use and the project proposes to consolidate three underlying lots into a single lot for the benefit of the restaurant and to allow construction of the outdoor dining patio. 3. The property is not part of a specific plan. 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 in the Commercial Visitor-Serving (CV) Zoning District that is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. The existing restaurant is within an area that is heavily frequented by both residents and visitors to the City and the outdoor patio area will Zoning Administrator Resolution No. ZA2025-008 Page 4 of 16 10-18-21 provide an additional amenity to the restaurant for visitors to enjoy an outdoor dining experience in proximity to the coast. 2. A Food Service, Eating and Drinking Establishment land use (i.e., a restaurant) is allowed in the CV Zoning District with approval of a minor use permit. 3. The property is within the coastal zone and pursuant to Section 21.40.040 (Off-Street Parking Spaces Required), a Food Service use requires one parking space per every 30 to 50 square-feet of net public area, including outdoor dining areas exceeding 25% of the interior net public area. The restaurant operates during daytime hours for breakfast and lunch only and is closed during typical dinner hours. The parking lot also accommodates both bicycle parking and motorcycle parking and during peak hours, restaurant staff is available to direct patrons to available parking spaces to assist in managing the flow of traffic. The restaurant offers live entertainment within the interior of the restaurant; however, no dancing is permitted and there is no stage for patrons to congregate. Therefore, Staff believes a requirement of one parking space per 50 square-feet of net public area is appropriate for the existing restaurant. 4. The indoor net public area for the restaurant is 1,032 square-feet. The restaurant has an existing 228 square-foot outdoor dining patio along the side of the restaurant, and the project proposes a new 440 square-foot outdoor dining patio at the rear of the property for a total outdoor dining area of 668 square-feet. Of the 668 square-feet, 258 square-feet may be excluded from the parking calculations (25% of the indoor net public area). In total, 30 parking spaces are required and there are 33 parking spaces provided. 5. The property at 5930 West Coast Highway will provide 13 parking spaces and the property at 205 and 207 60th Street will provide 20 parking spaces. Although the parking spaces are on different properties, the properties are owned in common, and a recorded parking agreement has been in place since 1961 to ensure the parking remains available for use by the restaurant. 6. Seven parking spaces are located partially on the adjacent property at APN 114-170- 70, known as the Semeniuk Slough. Historical aerial imagery shows the location of the parking spaces in this area for at least 60 years. A condition of approval has been included to require the owner/operator of the restaurant to obtain rights to use this area Location/Description Net Public Area (SQ. FT) Parking Spaces Required Parking Rate Indoor Net Public Area 1,032 21 1 per 50 sq. ft. Outdoor Dining Patio (Excluded from Parking) 258 0 0 Outdoor Dining Patio (Included in Parking) 410 9 1 per 50 sq. ft. Total 1,700 30 1 per 50 sq. ft. Zoning Administrator Resolution No. ZA2025-008 Page 5 of 16 10-18-21 and inform the City should the owner/operator no longer have authorization to park on the adjacent parcel. 7. Use Permit No. 862 approved on June 21, 1962, by the Planning Commission allowed for the sale of beer and wine at the restaurant. Since then, the restaurant has operated with a Type 47 (On-Sale General – Eating Place) ABC License for over 30 years which, at the time the license was modified, did not require an amendment to the use permit. The existing restaurant will continue to operate with a Type 47 ABC License and the Newport Beach Police Department (NBPD) has provided conditions of approval to ensure the restaurant will continue to operate without potential conflicts with the surrounding land uses. Finding: C. 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 new outdoor dining patio does not substantially change the operational characteristics of the existing restaurant. The outdoor dining patio would serve as an accessory to the existing restaurant and would complement the dining experience for patrons of the establishment with additional seating options. 2. Use Permit No. 1980 approved on April 23, 1981, to allow live entertainment for the restaurant and included conditions of approval to confine all live entertainment and any accompanying music to the interior of the restaurant facility. Condition of Approval No. 2 is included to retain this condition. 3. The restaurant will remain complementary to the other uses along West Coast Highway which include retail stores, a hotel, and several restaurants. 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; and Facts in Support of Finding: 1. The project site is located on West Coast Highway in West Newport that has heavy vehicular traffic and pedestrian activity. The property has operated as a restaurant for over 60 years and as Cappy’s Café for over 40 years. The restaurant has operated with a temporary outdoor dining patio since May 2020 with no major issues and the project will allow the restaurant to retain a permanent outdoor dining patio. Zoning Administrator Resolution No. ZA2025-008 Page 6 of 16 10-18-21 2. The property is accessible from West Coast Highway and 60th Street. The additional parking located at 205 and 207 60th Street is accessed through the property with a dedicated unobstructed drive aisle. Additionally, restaurant staff will assist in guiding patrons to available parking spaces during peak hours. 3. The project has been reviewed by the City’s Public Works Department and Fire Prevention Division (Fire Department) to ensure adequate public and emergency vehicle access, public services, and utilities are provided on the property. 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. Fact 7 in support of Finding B is hereby incorporated by reference. 2. 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. 3. The outdoor dining area is situated behind the restaurant towards the rear of the property and is not adjacent to West Coast Highway. Adequate access is provided through the property and the outdoor dining area will not obstruct any required access or parking. 4. The existing restaurant operates primarily during typical breakfast and lunchtime hours and no late hours are proposed. The restaurant has served as a local establishment for residents and visitors to the West Newport area and the outdoor dining area will add an additional amenity for patrons to the restaurant. Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: F. Conforms to all applicable sections of the certified Local Coastal Program; Zoning Administrator Resolution No. ZA2025-008 Page 7 of 16 10-18-21 Facts in Support of Finding: 1. The Coastal Land Use Plan (CLUP) designates the property as Visitor Serving Commercial (CV-A) which is intended to provide for accommodations (e.g., hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach. The property is developed with an existing restaurant that has served the City for over 60 years and the project proposes an outdoor dining patio in an area that currently has a temporary outdoor dining patio. 2. The project complies with applicable development standards including, but not limited to, floor area limitation, setbacks, and height. a. The project proposes to merge three lots that will total approximately 7,991 square-feet. The maximum floor area limitation is 3,999.5 square-feet (0.50 FAR) (after the lot merger) and the total floor area of the existing restaurant is 2,947 square-feet. b. The CV Coastal Zoning District only requires a side setback when a property abuts a residential use and only requires a rear setback when the property abuts either an alley or a residential use. No front setback is required. As the subject property does not abut any residentially zoned properties and abuts open space to the rear, no building setbacks are required. c. The base height limit for the CV Zoning District is 26 feet for flat elements and 31 feet for sloping roofs (minimum 3:12 slope). The proposed outdoor dining patio is approximately 15-feet, six-inches. d. The restaurant, with the proposed outdoor dining patio, requires 30 parking spaces and the property provides 33 on-site parking spaces. No on-street parking spaces along West Coast Highway will be removed or impacted. Therefore, public parking will not be impacted as part of the project. 3. The property has no native vegetation, habitat, or landscaping on-site or along the West Coast Highway frontage. The proposed outdoor dining patio has no potential to impact biological resources. 4. The closest public viewpoint is approximately 180-feet to the north of the property at Newport Shores Park, as designated in the CLUP. An existing structure at 6001 Coast Boulevard sits between Newport Shores Park and the outdoor dining patio and, therefore, is not visible from this viewpoint. 5. The nearest coastal view road is at the intersection of West Coast Highway and Superior Avenue which is over 2,500 feet east of the property. The project is located entirely on private property and is not within proximity of this intersection to inhibit any coastal views. Additionally, the outdoor dining patio is designed to complement the existing restaurant. The project does not have the potential to degrade the visual quality of the coastal zone or result in significant adverse impacts to public view. Zoning Administrator Resolution No. ZA2025-008 Page 8 of 16 10-18-21 Finding: G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone; Facts in Support of Finding: 1. The project site is not located between the nearest public road and the sea or shoreline. Section 21.30A.040 (Determination of Public Access/Recreation Impacts) of the NBMC requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In this case, the project proposes a permanent outdoor dining area for an existing restaurant to complement the existing business and adequate parking is provided. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 2. Vertical and lateral access to the beach is available at the intersection of West Coast Highway and Prospect Street approximately 630-feet west of the property. The project proposes an outdoor dining area that is entirely on private property and does not include any features that would obstruct access along this route. Lot Merger In accordance with Section 19.68.030(H) (Lot Mergers – Required Findings) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: H. Approval of the merger will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot merger is consistent with the legislative intent of this title; Facts in Support of Finding: 1. The project is consistent with the purpose and intent pursuant to Section 19.04.020 (Purpose and Applicability) of the NBMC. The lot merger will not result in the creation of additional parcels, as it will remove two interior lot lines to merge three underlying lots into one single lot. The proposed outdoor dining patio will be constructed entirely within the merged lot. 2. The proposed outdoor dining patio will be subject to the requirements of Title 20 (Planning and Zoning), which is intended to promote orderly development, protect Zoning Administrator Resolution No. ZA2025-008 Page 9 of 16 10-18-21 neighborhood character, and preserve public health, safety, and general welfare of the City. Further, the project has been reviewed by the Building Department, Public Works Department, and Fire Department. Finding: I. The lots to be merged are under common fee ownership at the time of the merger; Fact in Support of Finding: 1. The three underlying lots to be merged are under common ownership, as evidenced by the Preliminary Title Report submitted with the application. Finding: J. The lots as merged will be consistent or will be more closely compatible with the applicable zoning regulations and will be consistent with other regulations relating to the subject property including, but not limited to, the General Plan and any applicable Coastal Plan or Specific Plan; Facts in Support of Finding: 1. Facts in support of Finding A are hereby incorporated by reference. 2. Facts in support of Finding F are hereby incorporated by reference. 3. The existing restaurant and temporary outdoor dining patio are currently constructed across lot lines. The lot merger will allow the existing restaurant and new outdoor dining patio to be constructed entirely on one lot. Finding: K. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result of the merger; Fact in Support of Finding: 1. No adjoining parcels will be deprived of legal access as a result of the merger. The west side of the property will continue to be accessed by 60th Street. Additionally, the alley on the east side of the property will remain. Finding: L. The lots as merged will be consistent with the pattern of development nearby and will not result in a lot width, depth or orientation, or development site that is incompatible with nearby lots. In making this finding, the review authority may consider the following: Zoning Administrator Resolution No. ZA2025-008 Page 10 of 16 10-18-21 i. Whether development of the merged lots could significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. ii. Whether the merged lots would be consistent with the character or general orientation of adjacent and/or adjoining lots. iii. Whether the merged lots would be conforming or in greater conformity with the minimum lot width and area standards for the zoning district. Facts in Support of Finding: 1. Any development on the merged lots will be required to meet all applicable development standards and, therefore, will not significantly deviate from the pattern of development of adjacent and/or adjoining lots in a manner that would result in an unreasonable detriment to the use and enjoyment of other properties. 2. The restaurant currently has a temporary outdoor patio that was installed during the COVID-19 Pandemic that crosses over an underlying lot line. The project will allow a permanent outdoor dining patio to be constructed within a smaller footprint that would not be constructed across lot lines. 3. The parcels that front West Coast Highway vary in size with the adjacent lot at 6000 West Coast Highway approximately at 5,100 square-feet and the next property at 6030 West Coast Highway approximately at 17,700 square-feet. The merged lot for the project will be approximately 7,991 square-feet. The new lot would generally be consistent with the lot sizes in the vicinity of the property. 4. The CV Zoning District does not have a minimum lot area or lot width. The existing property at 5930 West Coast Highway has a lot area of 5,049 square feet and a 0.50 FAR, which allows for a 2,524.5 square-feet structure. The existing restaurant is approximately 2,947 square feet and exceeds the allowed FAR (0.58 FAR) for that single parcel. The lot merger will merge three underlying lots, which will allow the maximum square footage to be 3,999.5 square feet. Therefore, the existing restaurant will be in compliance with the 0.50 FAR limitation. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15315 under Class 15 (Minor Land Divisions) 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. Zoning Administrator Resolution No. ZA2025-008 Page 11 of 16 10-18-21 2. The Zoning Administrator of the City of Newport Beach hereby approves the minor use permit, coastal development permit, and lot merger 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 or call for review is filed with the Community Development Director by the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program (LCP) Implementation Plan), of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. 4. This resolution supersedes Use Permit No. 862, Use Permit No. 1980, and Accessory Outdoor Dining Permit No. 25 which upon vesting of the rights authorized by this minor use permit, coastal development permit, and lot merger (PA2023-0191), shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 30TH DAY OF JANUARY 2025. Zoning Administrator Resolution No. ZA2025-008 Page 12 of 16 10-18-21 EXHIBIT “A” 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 plan dated with the date of approval for Use Permit No. 1980 and Outdoor Dining Permit No. 25 except as modified by this approval. 2. Live entertainment and any accompanying music shall be confined to the interior of the restaurant facility. 3. The hours of operation for the restaurant shall be between 6:00 a.m. and 11:00 p.m., daily. 4. The owner/operator shall obtain rights for the use of private property located at APN 114-170-70 for parking. Should the parking spaces on APN 114-170-70 no longer be available for use by the owner/operator, the owner/operator shall immediately notify the Community Development Director. The Community Development Director shall establish a reasonable period of time in which one of the following shall occur: 1) Substitute parking acceptable to the Director, or 2) the size or intensity of use authorized by this Minor Use Permit is reduced in proportion to the parking spaces lost, or 3) the owner or operator of the project must obtain a parking reduction pursuant to NBMC Section 20.40.110 and Section 21.40.110 (Adjustments to Off-Street Parking Requirements) rendering the parking on APN 114-170-70 unnecessary. 5. The parking and/or stopping of vehicles on 60th Street or in the public right-of-way between the subject property and adjacent buildings is prohibited. A “no customer pickup/drop off” sign shall be posted on the restaurant building on 60th Street. 6. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 7. 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, Coastal Development Permit, and Lot Merger. 8. This Minor Use Permit, Coastal Development Permit, and Lot Merger filed as PA2023- 0191 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 9. This Minor Use Permit, Coastal Development Permit, and Lot Merger may be modified or revoked by the Zoning Administrator if determined that the proposed uses or Zoning Administrator Resolution No. ZA2025-008 Page 13 of 16 10-18-21 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. 10. Any change in operational characteristics, expansion in area, or other modification to the approved plans, may require an amendment to this Minor Use Permit, Coastal Development Permit, and Lot Merger or the processing of a new Minor Use Permit, Coastal Development Permit, and Lot Merger. 11. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 12. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 13. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 14. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control) of the NBMC and other applicable noise control requirements of the NBMC. 15. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or the leasing agent. 16. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the NBMC, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or Holidays. 17. No outside paging system shall be utilized in conjunction with this establishment. 18. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. Zoning Administrator Resolution No. ZA2025-008 Page 14 of 16 10-18-21 19. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 20. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 21. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 22. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 23. Storage outside of the building in the front, sides, or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 24. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 25. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 the City’s approval of Cappy’s Cafe including but not limited to, Minor Use Permit, Coastal Development Permit, and Lot Merger (PA2023-0191). 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 the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages, which the City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Zoning Administrator Resolution No. ZA2025-008 Page 15 of 16 10-18-21 Fire Department 26. Fire extinguishers and emergency exit lighting shall be provided in accordance with the Newport Beach Fire Department. 27. Any heating elements or use of liquid petroleum gas for heating shall be reviewed and approved by the Newport Beach Fire Department. Building Division 28. 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. Public Works 29. Prior to the issuance of building permits, the lot merger shall be submitted to the Public Works Department for final map review and approval. All applicable fees shall be paid and the approved final map (lot merger) shall be recorded with the County recorder. Police Department 30. 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. 31. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 32. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 33. 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. Zoning Administrator Resolution No. ZA2025-008 Page 16 of 16 10-18-21 34. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. 35. All owners, managers and employees must abide by all laws and conditions of the Alcoholic Beverage License. 36. No outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. 37. Proper signs indicating, “No Alcohol Beyond this Point” should be displayed at all patio exits. 38. The outdoor patio must be licensed by the Department of Alcoholic Beverage Control prior to alcohol service being conducted. 39. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee.