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HomeMy WebLinkAboutZA2013-008 Approved Roll-It Sushi and Teriiyaki MUP - 4221 MacArthur BlvdRESOLUTION NO. ZA2013 -008 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2013 -004 FOR ROLL -IT SUSHI AND TERIYAKI, A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH NO LATE HOURS LOCATED AT 4221 MACARTHUR BOULEVARD, SUITE B -5 (PA2013 -019) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by James Kozono on behalf of Roll -It Sushi and Teriyaki, with respect to property located at 4221 MacArthur Boulevard, Suite B -5, and legally described as Parcel 1 as shown on a map filed in Book 45, Page 23 of Parcel Maps, in the Office of the County Recorder of Orange County, requesting approval of a minor use permit. 2. The applicant proposes a minor use permit to allow a 1,325- square -foot food service, eating and drinking establishment (Roll -It Sushi and Teriyaki) within a 12,351- square- foot commercial center (Newport Place Center). The proposed establishment includes 620 square feet of interior net public area and seating for 26 patrons. The recommended hours of operation are from 7:00 a.m. to 11:00 p.m., daily. No alcohol service is proposed as part of this application. 3. The subject property is located within General Commercial Site 8 of the PC -11 (Newport Place Planned Community) Zoning District and the General Plan Land Use Element category is MU -H2 (Mixed -Use Horizontal). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on February 28, 2013 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting 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 meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Structures). 2. The proposed project involves a food service, eating and drinking establishment within a recently constructed restaurant tenant space. Therefore, the use qualifies for a categorical exemption under Class 1. Zoning Administrator Resolution No. ZA2013 -008 Paqe 2 of 8 SECTION 3. REQUIRED FINDINGS. 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 use permit 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 designation for this site is MU -H2 (Mixed -Use Horizontal). The MU -H2 designation is intended to provide for a horizontal intermixing of uses that may include regional commercial office, multi - family residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The food service, restaurant can be expected to be found in this area and is complementary to the surrounding uses allowed by the MU -H2 land use designation. 2. Eating and drinking establishments are common in the vicinity along MacArthur Boulevard and are frequented by residents, visitors, and workers. The size, location, and operational characteristics of the establishment are compatible with the MU -H2 land use designation. 3. The subject property is not part of a specific plan area. Finding B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code: Facts in Support of Finding 1. The site is located within General Commercial Site 8 of the PC -11 (Newport Place Planned Community) Zoning District. The PC -11 zoning district is intended to provide for commercial and light industrial use because of its central location, ideal topography, availability to four freeways, accessibility to two railroads, and its relation to the Orange County Airport. The proposed food service, eating and drinking establishment is a neighborhood commercial use located on a commercially zoned property that is designed to serve the surrounding commercial and light industrial land uses. A food service, eating and drinking establishment is permitted within the PC -11 Zoning District with the approval of a minor use permit. 2. The proposed use will comply with all applicable development and parking standards including those specific to the food service, eating and drinking use classification. The 81 parking spaces provided for the shopping center are adequate for the mix of tenants. Tmplt: 05116/2012 Zoning Administrator Resolution No. ZA2013 -008 Pape 3 of 8 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. Although the requested hours of operation are from 11:00 a.m. to 9:00 p.m., the recommended hours of operation are from 7:00 a.m. and 11:00 p.m., to allow for greater flexibility. There are no residential properties within the area. The 11:00 p.m. closing hour is compatible with the adjacent commercial uses. 2. Roll -It Sushi and Teriyaki will occupy a vacant tenant space at the southwest corner of the new shopping center, which was constructed earlier in 2012. The shopping center site design was previously reviewed and approved. 3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The restaurant is oriented toward the parking lot and is not near any residential properties. The applicant is also required to control trash and litter around the subject property. 4. The surrounding area contains various business office, retail, and visitor commercial uses including restaurants and take -out eating establishments. The proposed establishment is compatible with the existing and permitted uses within the area, which are predominantly office uses at this time. 5. A restaurant at this size and scale will provide a convenient option to office workers and those passing through the area. Finding D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities: Facts in Support of Finding 1. The existing parking lot areas have been reviewed and approved by the City Traffic Engineer and provides adequate circulation and parking spaces for patrons. 2. This site has been reviewed by the Fire Department to ensure adequate public and emergency vehicle access is provided. Utilities have been provided within the renovated shopping center in compliance with all applicable requirements. 3. The project site is located within an existing retail building and the tenant space is designed and developed to accommodate a food service, eating and drinking establishment. Tmplt: 05116/2012 Zoning Administrator Resolution No. ZA2013 -008 Page 4 of 8 4. The tenant improvements to the project site will comply with all Building, Public Works, and Fire Codes. All ordinances of the City and all conditions of approval will be complied with. Finding E. 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, a 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 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 food service, eating and drinking establishment will serve the surrounding business community. The proposed establishment will provide dining services to workers within the surrounding area and visitors. 3. The applicant is required to install a grease interceptor, obtain Health Department approval prior to opening for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. UP2013 -004 (PA2013 -019), subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 28th DAY OF FEBRUARY, 2013. P, Deputy Director Tmplt: 05116/2012 Zoning Administrator Resolution No. ZA2013 -008 Pape 5 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL Planning Division Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plan(s) and building elevations dated with this date of approval. (Except as modified by applicable conditions of approval.) 2. This Minor Use Permit may be modified or revoked by the Zoning Administrator should it be 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. 3. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Minor Use Permit or the processing of a new use permit. 4. Minor Use Permit No. UP2013 -004 (PA2013 -019) 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 Zoning Code, unless an extension is otherwise granted. 5. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 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 Use Permit. 8. A copy of the conditions of approval shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 9. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 10. The establishment shall provide a maximum net public area of 620 square feet and 26 seats. Tmplt: 05116/2012 Zoning Administrator Resolution No. ZA2013 -008 Paqe 6 of 8 11. The proposed food service, eating and drinking establishment, shall have a parking requirement of 1 space for every 40 square feet of net public area equaling a total of 16 parking spaces. 12. The hours of operation for food service, eating and drinking establishment are limited from 7:00 a.m. to 11:00 p.m., daily. 13. Live entertainment, dancing, and alcohol service shall be prohibited as a part of the regular business operation. 14. A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36 inches wide, 36 inches deep and 72 inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 15. 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). The proprietor shall actively control any noise generated by the patrons of the facility. 16. 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. 17. 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 Roll -It Sushi and Teriyaki including, but not limited to Use Permit No. UP2013 -004 (PA2013 -019) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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. Building and Fire Department Conditions Tmplt: 05116/2012 Zoning Administrator Resolution No. ZA2013 -008 Page 7 of 8 18. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Department. 19. The applicant is 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 California Building Code. The facility shall be designed to meet entrance, path of travel, restroom, dining room seating, and fire protection requirements as specified by the California Building Code and shall be subject to review and approval by the Building Department. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 20. The construction plans must meet all applicable State Disabilities Access requirements. An accessible path of travel and accessible bathroom shall be in compliance with CBC 2010 Chapter 11. 21. Detectable warnings shall be provided as required by access compliance. 22. Plumbing fixtures shall comply with the California Plumbing Code, 2010. 23. 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 Division. 24. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 25. Prior to the issuance of building permits, a Type I hood shall be required if any cooking is conducted that produces grease laden vapors per C.F.C. Section 609.2, if required by the Fire Department. 26. Prior to the issuance of building permits, a wet chemical extinguishing system complying with UL300 will be required if cooking is conducted that produces grease laden vapors per C.F.C. Section 904, if required by the Fire Department. 27. Prior to the issuance of building permits, a portable fire extinguisher shall be provided and maintained per C.F.C. Section 904.11.5. A 2A 10BC shall be required for the serving area, if required by the Fire Department. A fire extinguisher with a class K rating shall be provided where a Type I hood is required and provided with a fire extinguishing system. 28. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 29. Prior to the issuance of building permits, an occupant load analysis shall be provided as required by the CBC for the purpose of existing or exit analysis. 30. Prior to issuance of building permits, an egress or exit analysis from the tenant space shall be provided. All exits shall remain free of obstructions and available for ingress and egress at all times. Tmplt: 05116/2012 Zoning Administrator Resolution No. ZA2013 -008 Pape 8 of 8 Revenue Department Conditions 31. A valid business license from the City of Newport Beach with sellers permit shall be required prior to start of business. Any contractors /subcontractors doing work at the subject site shall be required to obtain a valid business license from the City of Newport Beach prior to the commencement of any work on the subject site. Tmplt: 05116/2012