HomeMy WebLinkAbout07_Wild Strawberry Café Minor Use Permit_PA2021-135CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
October 14, 2021
Agenda Item No. 7
SUBJECT: Wild Strawberry Café (PA2021-135)
▪Minor Use Permit No. UP2021-026
SITE LOCATION: 240 Newport Center Drive, Suite 100
APPLICANT: Wild Strawberry Café
OWNER: 240 Newport Center Drive Associates, L.P.
PLANNER: Afshin Atapour, Planning Technician
949-644-3212, aatapour@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: CO-R (Regional Commercial Office)
•Zoning District: OR (Office-Regional)
PROJECT SUMMARY
A minor use permit to allow an existing food service, eating and drinking establishment
(Wild Strawberry Cafe) to add a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage
Control (ABC) License . The request does not include any physical changes to the existing
establishment. The existing establishment is 867-square-feet including a 300-square-foot
interior net public area and a 75-square-foot outdoor dining patio area. The hours of
operation will remain 8:00 a.m. to 6:00 p.m., daily. This Minor Use Permit will supersede
Use Permit No. UP2003-051 (PA2003-295).
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project 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; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Minor Use Permit No.
UP2021-026 (Attachment No. ZA 1).
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DISCUSSION
Background
On February 13, 2004, The Planning Department approved Use Permit No. UP2003-051
(PA2003-295) to establish a full-service small scale eating and drinking facility limited to
a maximum net public area of 1,000 square feet, with a total seating count of 17 seats,
and with hours of operation from 7:00 a.m. to 6:00 p.m., daily.
On November 19, 2004, The Planning Director approved Staff Approval No. SA2004-018
and Outdoor Dining Permit No. OD2004-002 (PA2004-220), which modified the
conditions of approval of Use Permit No. UP2003-051 (PA2003-295) to reduce the
number of interior seats from 17 to 8 and allowed for an outdoor dining area of 75 square
feet for the remaining 9 seats. The hours of operation of the outdoor dining area limited
from 7:00 a.m. to 6:00 p.m., daily.
Project Description
•The request includes adding a Type 41 Alcoholic Beverage Control (ABC) License
(On-Sale Beer and Wine) license to the existing establishment. There are no other
physical changes proposed. Existing Use Permit No. UP2003-051 (PA2003-295)
will be superseded; however, the existing conditions of approval from Use Permit
No. UP2003-051 (PA2003-295), Staff Approval No. SA2004-018, and Outdoor
Dining Permit No. OD2004-002 (PA2004-220) will be carried over into this new
use permit along with new conditions for the alcohol service (refer to Exhibit A of
Attachment ZA 1).
•The subject property is located in the Office Regional (OR) Zoning District and as
designated Regional Commercial Office (CO-R) within the Land Use Element of
the General Plan. These categories are intended to provide for corporate,
administrative, and professional offices that serve local and regional markets, with
accessory limited financial, retail, service, and entertainment uses. The proposed
full service, eating and drinking establishment with alcohol service and no late
hours requires a minor use permit pursuant to Table 2-5 of Newport Beach
Municipal Code Section 20.20.020 (Commercial Zoning Districts Land Uses and
Permit Requirements) and pursuant to Code Section 20.54.070 C. (Changes to an
Approved Project).
•The existing site operates under existing Use Permit No. UP2003-051(PA2003-
295)and the existing floor area is already accounted for with no increase in floor
area proposed. The proposed addition of alcohol service does not change the
parking requirements.
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• The site has an existing non-compliant outdoor patio area that is over the allowable
75 square feet in area. Staff has worked with the applicant to ensure that the
existing non-compliant outdoor patio area will comply with the originally approved
Outdoor Dining Permit No. OD2004-002 (PA2004-220) by October 8, 2021.
• The Police Department has reviewed the proposed application and has no
objections to the request. The Police Department memorandum, crime and
alcohol-related statistics, and reporting district map are included as Attachment
No. ZA 3. The facts in support of this finding are discussed in the draft resolution
(Attachment ZA 1)
• The minimum required ABC barriers will be provided between the outdoor dining
area and any public areas in the forms of stanchion ropes and planters.
• Staff believes allowing the service of alcohol is compatible with existing and
allowed uses within the area. Existing uses in the area reflect the type of offices,
with limited retail, service, and entertainment uses allowed by the regulations for
the Zoning District and are typically expected by residents and the visitors of similar
office and commercial areas.
CONDITIONS
All previous conditions of approval of Use Permit No. UP2003-051 (PA2003-295), Staff
Approval No. SA2004-018, and Outdoor Dining Permit No. OD2004-002 (PA2004-220)
shall remain in full force and effect. Prior conditions of approval are incorporated into the
draft resolution for reference (Attachment No. ZA 1).
ENVIRONMENTAL REVIEW
This project has been determined to be categorically exempt under the requirements of
the California Environmental Quality Act under Section 15301 under Class 1 (Existing
Facilities). The existing establishment consists of 300 square feet of interior net public
area, a 75-square-foot outdoor dining area, kitchen facilities, indoor storage and washing
areas, a restroom, and a covered trash enclosure with gate. The proposed project is a
request for an operational change in use by for the addition of alcohol sales (On-Sale
Beer and Wine) and does not involve any physical improvements and no expansion in
floor area or change in parking requirements.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
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Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal may be filed with the Director of Community Development within 14 days
following the date of action. For additional information on filing an appeal, contact the
Planning Division at (949) 644-3200.
Prepared by:
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 PD Memo and Statistics
ZA 4 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING MINOR
USE PERMIT NO. UP2021-026 TO ADD A TYPE 41 ALCOHOLIC
BEVERAGE CONTROL LICENSE (ON-SALE BEER AND WINE)
TO AN EXISTING FOOD SERVICE EATING AND DRINKING
ESTABLISHMENT LOCATED AT 240 NEWPORT CENTER
DRIVE, SUITE 100 (PA2021-135)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Wild Strawberry Cafe (“Applicant”) with respect to property
located at 240 Newport Center Drive, Suite 100, and legally described as Lot PCL 5 in
Tract 0289, requesting approval of a minor use permit.
2. The applicant proposes to allow an existing food service, eating and drinking establishment
(Wild Strawberry Cafe) to add a Type 41 (On-Sale Beer and Wine) Alcoholic Beverage
Control (ABC) License. The request does not include any physical changes to the existing
establishment. The hours of operation will remain 8:00 a.m. to 6:00 p.m., daily. This Minor
Use Permit will supersede Minor Use Permit No. UP2003-051 (PA2003-295).
3. The subject property is designated Regional Commercial Office (CO-R) by the General
Plan Land Use Element and is located within the Office-Regional (OR) Zoning District.
4. A public hearing was held on October 14, 2021, online via zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. 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) 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 existing establishment consists of 300 square feet of interior net public area, a 75-
square-foot outdoor dining area, kitchen facilities, indoor storage and washing areas, a
restroom, and a covered trash enclosure with gate. The application involves a request
for an operational change (adding beer and wine alcohol sales) and does not involve
any physical expansion to the existing food service use. Therefore, the project qualifies
for a Class 1 exemption.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) of the Newport Beach Municipal Code
(NBMC), the following findings and facts in support of the findings for a use permit are set forth:
Finding
A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of
the Zoning Code.
Facts in Support of Finding
In finding that the proposed use is consistent with Section 20.48.030 (Alcohol Sales) of the
Zoning Code, the following criteria must be considered:
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. The proposed establishment is located within Reporting District 39, wherein the
number of crimes is higher than adjacent Reporting Districts and the City. RD 43,
44, and 47 have a lower number of crimes as they are primarily residential with
few commercial uses. Due to the high concentration of commercial land uses in
Fashion Island, the crime rate and shoplifting rate is greater than adjacent
residential Reporting Districts; however, the Newport Beach Police Department
(NBPD) does not consider the number significant given the type of development
within this Reporting District.
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 high concentration of commercial land uses, the calls for service and
number of arrests are greater than adjacent Reporting Districts. DUI, Public
Intoxication, and liquor law violations make up 16 percent of arrests in this
reporting district. In comparison, the figure for neighboring RD 47 is 23 percent,
RD 43 is 51 percent, and RD 44 is 18 percent. The Police Department does not
consider the rate high because of the concentration of restaurants and
commercial uses at Fashion Island located to the north and the surrounding
Newport Center area.
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 subject site does not abut sensitive land uses and is separated from other uses
by parking lots, roadways, and other commercial uses. The site is located
approximately 1,300 feet to the nearest residential district (Granville Community),
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4,000 feet to the nearest day care center (Del Mar Lincoln Child Development), 800
feet to the nearest park and recreation facility (Civic Center Park), 4,000 feet to the
nearest place of religious assembly (Community Church Congregational), and 3,000
feet to the nearest school (Harbor View Elementary School). Due to the proximity
from these establishments the proposed change of use does not appear to create
foreseeable concern.
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
project site at the intersection of Anacapa and Newport Center Drive. Muldoon’s
is authorized to operate until 2:00 a.m. and provides live entertainment, dancing,
and Type 47 (On Sale General) and Type 68 (Portable Bar) alcohol licenses. Off-
sale alcohol sales are located in the vicinity at Whole Foods, at 461 Newport
Center Drive, within Fashion Island. Additionally, there are many comparable
restaurant establishments with the Fashion Island Shopping Center. These
include other pad restaurant tenants such as Red-O and Fig & Olive. The Type
41 (On-Sale Beer and Wine) alcohol license requested is similar as those
obtained for said establishments and there is no evidence suggesting these uses
have been detrimental to the neighborhood.
2. The per capita ratio of on-sale alcohol license is one (1) license for every 15
residents and is higher than the adjacent districts and the average ratio for Orange
County. The Police Department does not anticipate any increase in crime or
alcohol-related incidents with the approval of this application subject to the
proposed conditions of approval.
3. Due to the type and operation of the restaurant which is conditioned to close at
6:00 p.m. with limited net public areas, and the incorporation of additional
conditions to prevent the restaurant from operating as a bar or lounge, the
proximity to other establishments does not appear to create foreseeable concern.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions
1. The existing commercial building has been occupied by a food service, eating,
and drinking establishment since 2004. The site has an existing non-compliant
outdoor patio area that is over the allowable 75 square feet in area. Staff has
worked with the applicant to ensure that the existing non-compliant outdoor patio
area shall comply with the originally approved Outdoor Dining Permit No.
OD2004-002 (PA2004-220) by October 8, 2021.
2. The Project has been reviewed and conditioned to help ensure that the purpose
and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and
that a healthy environment for residents and businesses is preserved. The
service of alcohol is intended for the convenience of customers dining at the
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establishment. Operational conditions of approval recommended by the Police
Department relative to the sale of alcoholic beverages will ensure compatibility
with the surrounding uses and minimize alcohol-related impacts. All employees
serving alcohol will be required to complete a certified training program in
responsible methods and skills for selling alcoholic beverages, as required by the
State of California.
3. Offering alcohol service will complement the food service and provide a
convenience to customers. The Police Department has no objections to the
operation given the proposed hours of operation, license type, and location of the
use. The resolution includes conditions of approval to limit objectionable
conditions related to noise and trash from the establishment.
Minor Use Permit
In accordance with Section 20.52.020.F (Findings and Decision) of the Newport Beach
Municipal Code, the following findings, and facts in support of the findings for a minor use
permit 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 General Plan designates the site as Regional Commercial Office (CO-R), which
applies to areas where it is the intent to provide for corporate, administrative, and
professional offices that serve local and regional markets, with accessory limited
financial, retail, service, and entertainment uses.
2. The proposed alcohol services are consistent with the CO-R designation as it is
related to the existing commercial food service use intended to serve nearby
residents, the surrounding community, and visitors to the City of Newport Beach.
3. The subject 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,
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Facts in Support of Finding
1.The subject property is located in the Office Regional Commercial (OR) Zoning
District and as designated Regional Commercial Office (CO-R) within the Land Use
Element of the General Plan. These categories are intended to provide for corporate,
administrative, and professional offices that serve local and regional markets, with
accessory limited financial, retail, service, and entertainment uses. The proposed full
service, eating and drinking establishment with alcohol service and no late hours
requires a new minor use permit pursuant to Table 2-5 of Newport Beach Municipal
Code Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit
Requirements) and pursuant to Code Section 20.54.070 C. (Changes to an
Approved Project).
2.The existing food service establishment operates under existing Use Permit No.
UP2013-051 (PA2003-295). Conditions from the existing use permit will remain with
the new use permit and the net public areas and hours of operation will remain
unchanged.
3.As conditioned, the proposed project will comply with Zoning Code standards for
eating and drinking establishments.
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 existing establishment consists of 300 square feet of interior net public area, a
75-square-foot outdoor dining area, kitchen facilities, indoor storage and washing
areas, a restroom, and a covered trash enclosure with gate. No physical changes
are proposed.
2.The hours operation of the existing food service will remain restricted to the hours
between 8:00 a.m. and 6:00 p.m., daily. These hours are consistent with the business
hours of other uses in the area.
3.The surrounding area contains various, retail and visitor serving commercial uses
including restaurants with alcohol service. Adding the alcohol service to the existing
food service is compatible with the existing and permitted uses within the area.
4.The operational conditions of approval relative to the sale of alcoholic beverages will
help ensure compatibility with the surrounding uses and minimize alcohol-related
impacts. The project has been conditioned to ensure that the business remains a
restaurant and does not become a bar or tavern. Additionally, dancing or live
entertainment is not permitted.
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5. The existing common enclosed trash storage area located approximately 140 feet to
the north is adequate to accommodate the proposed food service use and is
conveniently located where materials can be deposited and collected and does not
impede with parking.
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; and
Facts in Support of Finding
1. The existing food service establishment provides adequate public and emergency
vehicle access, public services, and utilities.
2. The site is accessible from both Civic Center Drive to the south and a Anacapa Drive
to the west.
Finding
F. Operation of the use at the location proposed would not be detrimental to the harmonious
and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, and safety, or general welfare of persons
residing or working in the neighborhood of the proposed use.
Facts in Support of Finding
1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible. The limited hours reduce impacts to surrounding land uses and sufficient
parking is available for the existing food service establishment. The 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 outdoor dining patio has been conditioned to provide stanchion and rope barriers
to define the alcohol service area.
3. The food service, eating and drinking establishment serves the surrounding
community in a commercial area designed for such uses. The additional service of
alcohol is provided as a public convenience and is not uncommon in establishments
of this type. Additionally, the service of alcohol will provide an economic opportunity
for the property owner to maintain a successful business that is compatible with the
surrounding community.
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4. All owners, managers, and employees selling or serving alcohol will be required to
complete a Responsible Beverage Service Certification Program.
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) 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 Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit
No. UP2021-026 (PA2021-135), 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 in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF OCTOBER, 2021.
____________________________
Jaime Murillo
Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1.The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3.The existing non-compliant outdoor patio area shall comply with the originally approved
Outdoor Dining Permit No. OD2004-002 (PA2004-220) by October 8, 2021.
4.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.
5.This Minor Use Permit may be modified or revoked by the Zoning Administrator if it is
determined that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
6.Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Minor Use Permit or the
processing of a new minor use permit.
7.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.
8.Fences, walls, or similar barriers shall serve only 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. The barrier shall match the
approved use permit plan, shall be in-line with the existing outdoor dining area and shall
not obstruct the adjacent public walkway.
9.All proposed signs shall be in conformance with any approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.42 of the Newport Beach
Municipal Code.
10.All lighting shall conform with the standards of NBMC Section 20.30.070 (Outdoor
Lighting). The Community Development Director may order the dimming of light sources
or other remediation upon finding that the site is excessively illuminated.
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11.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.
Police Department
12.The Alcoholic Beverage Control License shall be limited to a Type 41 (On-Sale Beer
and Wine). Any substantial change in the ABC license type shall require subsequent
review and potential amendment of the Use Permit.
13.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.
14.Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or
nightclub as defined by the Newport Beach Municipal Code.
15.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.
16.No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
17.There shall be no live entertainment or dancing allowed on the premises.
18.Food service from the regular menu shall be made available to patrons until closing.
19.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.
20.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
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collected as a door charge, cover charge or any other form of admission charge is
prohibited.
21. “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).
22. Strict adherence to maximum occupancy limits is required.
23. The applicant shall maintain a security recording system with a 30-day retention and
make those recording available to police upon request.
24. 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.
25. 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.
26. 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 Newport Beach
Municipal Code.
27. 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 including, but not limited to, Minor Use Permit No.
UP2021-026 (PA2021-135). This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in this
condition. The applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
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CONDITIONS FROM PREVIOUS APPROVALS FOR REFERENCE
Use Permit No. UP2003-051 (PA2003-295)
1.The project shall be in substantial conformance with the approved plot plan, floor plan, and
elevations, except as noted in the conditions of approval. (No longer applicable, refer to
Condition No. 1).
2.Hours of operation shall be limited between 7:00 a.m. and 6:00 p.m. daily. Any increase in
the hours of operation shall be subject to the approval by the Planning Director. Any
request for operating hours between 6:00 p.m. and 7:00 a.m. shall require approval by the
Planning Commission.
3.The “net public area” shall be limited to a maximum of 1,000 square feet (exclusive of
display, aisle and condiment table areas), except as otherwise required by the Building
Department to satisfy handicap access requirements may allow modest deviations from
that requirement. (Replaced by Condition No. 2 of OD2004-002).
4.The operator of the food service establishment shall be responsible for the control of noise
generated by the subject facility. The noise generated by the proposed use shall comply
with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. That is. The
sound shall be limited to no more than depicted below for the specified time periods:
Between the hours of 7:00 a.m.
and 10:00 p.m.;
Between the hours of 7:00 a.m.
and 10:00 p.m.;
Measured at the property line of
commercial zoned property:
65 dBA 60 dBA
Measured at the property line of
residentially zoned property:
60 dBA 50 dBA
5.No outside paging system shall be utilized in conjunction with this food service
establishment.
6.Exclusive customer seating and/or stand-up counter space shall be prohibited outside of
the subject eating and drinking establishment (outdoor dining or seating outside of the
facility is prohibited, unless an accessory outdoor dining permit is first approved). Any
increase of seating and/or stand-up counter space for more than 17 patrons shall require
the approval of an amendment to this use permit (Replaced by Condition No. 1 of SA2004-
018).
7.Trash receptacles for patrons shall be conveniently located both inside and outside of the
proposed facility, however, not located on or within any public property or right-of-way.
8.The applicant shall maintain the trash dumpsters or receptacles so as to control odors that
may include the provision of fully self-contained dumpsters or may include periodic steam
cleaning of the dumpsters, if deemed necessary by the Planning Department.
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Zoning Administrator Resolution No. ZA2021-###
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01-25-19
9.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.
10.Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., unless otherwise approved by an amendment to this use permit.
11.The operator of the food service use shall be responsible for the clean-up of all on-site and
off-site trash, garbage and litter generated by the use.
12.The area outside of the food establishment, including the public sidewalks, walkways or
common walkways, shall be maintained in a clean and orderly manner in accordance with
the practical program for the control of litter, spills and stains on site and on adjacent
properties.
13.If this business is sold or otherwise comes under different ownership, the current business
owner/property owner/leasing company shall notify the future owners/assignees of the
conditions of this approval.
14.The facility shall comply with the provisions of Chapter 14.30 of the Newport Beach
Municipal Code for commercial kitchen grease disposal. Grease interceptors shall be
installed on all fixtures in the restaurant where grease may be introduced into the drainage
systems, unless otherwise approved by the Building Department and the Public Works
Department. A grease interceptor or other grease collection device shall be installed to the
satisfaction of the Building Department.
15.The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to
control odors, which may include the provision of fully self-contained dumpsters or may
include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Department. 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).
16.The applicant ls required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City adopted
version of the Uniform Building Code including any local amendments. The construction
plans must meet all applicable State Disabilities Access requirements. Adequate access
and exiting must be approved by the Building Department, and approval from the Orange
County Health Department is required prior to permit issuance.
Staff Approval No. SA2004-018 (PA2004-220)
1.The existing Condition of Approval No. 6 is revised to read as follows:
6."Exclusive customer seating and/or stand-up counter space shall be prohibited outside
of the subject eating and drinking establishment (outdoor dining or seating outside of the
facility is prohibited, unless an accessory outdoor dining permit is first approved.) Any
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Zoning Administrator Resolution No. ZA2021-###
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01-25-19
increase of seating and/or stand-up counter space for more than 8 patrons 17 patrons shall
require the approval of an amendment to this use permit.
2. The Planning Director or the Planning Commission may add to or modify conditions of
approval to this use permit or revoke this permit upon a determination that the operation,
which is the subject of this approval causes injury, or is detrimental to the health, safety,
peace, morals, comfort, or general welfare of the community.
Outdoor Dining Permit No. OD2004-002 (PA2004-220)
1. Development shall be in substantial conformance with the approved plot plan and floor
plan, except as noted in the following conditions. (No longer applicable)
2. The accessory outdoor dining shall be used in conjunction with the related adjacent food
establishment and shall be limited to Cafe Express, with 75 sq. ft. maximum (gross area),
as proposed (25 percent of the indoor net public area of 300 sq. ft.), unless a use permit is
first approved by the Planning Commission. The area is calculated at 25 square feet for
each table with three accompanying seats for a maximum of three tables and nine seats,
total.
3. The area outside of the food establishment, including the public and common area
sidewalks, shall be maintained in a clean and orderly manner. Public sidewalks may be
subject to periodic steam cleaning as required by the Planning Department.
4. The facility shall be designed to meet exiting and fire protection requirements as specified
by the Uniform Building Code and shall be subject to review and approval by the Building
Department.
5. The project shall comply with State Disabled Access requirements.
6. The seating adjacent to the food use facility shall be limited to the area as delineated on
the approved site plan only. The approved outdoor dining area shall be located on a solid
surface in accordance with the approved floor plan or seating plan. The outdoor dining use
shall be limited to nine seats grouped around three tables.
7. The operator of the restaurant facility shall be responsible for the control of noise generated
by the subject facility. The use of outside loudspeakers, paging system or sound system
shall be prohibited in the outdoor dining area. The noise generated by the proposed use
shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code.
Chapter 10.26 provides, in part, that the sound shall be limited to no more than depicted
below for the specified time periods:
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Zoning Administrator Resolution No. ZA2021-###
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01-25-19
Between the hours of 7:00 a.m.
and 10:00 p.m.;
Between the hours of 7:00 a.m.
and 10:00 p.m.;
interior exterior interior exterior
Measured at the property line of
commercial zoned property:
N/A 65 dBA N/A 60 dBA
Measured at the property line of
residentially zoned property:
N/A 60 dBA N/A 50 dBA
Residential property: 45 dBA 55 dBA 40 dBA 50 dBA
8. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the
sound generated by the outdoor dining activity to ensure compliance with these conditions,
if required by the Planning Director in response to noise complaints.
9. The use of area heaters shall be approved by the Building Department 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.
10. 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.
11. The Planning Department may add to or modify conditions of approval to this outdoor
dining permit or revoke this approval upon a finding of failure to comply with the conditions
set forth in Chapter 20.82 of the Municipal Code or other applicable conditions and
regulations governing the food establishment. The Planning Director or the Planning
Commission may also revoke this permit upon a determination that the operation, which is
the subject of this approval, causes injury, or is detrimental to the health, safety, peace,
morals, comfort, or general welfare of the community.
12. The hours of operation of the outdoor dining area are limited to between 7:00 a.m. and
6:00 p.m. daily. Any increase in the hours of operation shall be subject to the approval by
the Planning Director. Any request for operating hours between 6:00 p.m. and 7:00 a.m.
shall require approval by the Planning Commission.
13. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless approval
is obtained from the Planning Commission in conjunction with an amendment to the use
permit and this application. (no longer applicable)
19
Attachment No. ZA 2
Vicinity Map
20
VICINITY MAP
Minor Use Permit No. UP2021-026
(PA2021-135)
240 Newport Center Drive, Suite 100
Subject Property
21
Attachment No. ZA 3
PD Memo and Statistics
22
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24
25
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27
Attachment No. ZA 4
Project Plans
28
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