HomeMy WebLinkAboutZA2012-030 Park Stone Kitchen Taps Minor Use PermitRESOLUTION NO. ZA2012 -030
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT
NO. UP2012 -014 TO ALLOW A TYPE 47 (ON -SALE GENERAL)
ALCOHOLIC BEVERAGE LICENSE AT AN EXISTING
RESTAURANT LOCATION WITH A DRIVE - THROUGH
LOCATED AT 5180 BIRCH STREET (PA2012 -082)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by CA Burger Partners, LLC, representing Park Stone Kitchen +
Taps, with respect to property located at 5180 Birch Street, and legally described as
Parcel 3 of Resubdivision No. 557 as recorded in Book 108 Pages 27 -28 of
Miscellaneous Maps in the County of Orange, California requesting approval of a minor
use permit.
2. A minor use permit to allow a Type 47 (On -Sale General) Alcoholic Beverage Control
(ABC) license in conjunction with a food service eating and drinking establishment with
no late hours and a drive - through window, previously approved under Use Permit No.
UP3635, and an outdoor dining patio, previously approved under Outdoor Dining
Permit No. OD65. If approved, this Minor Use Permit would supersede Use Permit No.
UP3635 and Outdoor Dining Permit No. OD65. The gross floor area of the
establishment is 2,531 square feet, the interior net public area will be 973 square feet,
and the outdoor patio will be 243 square feet in area. The establishment will provide a
maximum of 74 interior seats and 12 seats on the outdoor dining patio. The requested
hours of operation are from 6:00 a.m. to 11:00 p.m., daily.
3. The subject property is located within the Koll Center Planned Community (PC -15)
Zoning District within the Office Site G sub -area and the General Plan Land Use Element
category is Mixed -Use Horizontal (MU -1-12).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on August 15, 2012 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 Facilities).
• The proposed project involves the addition of alcoholic beverages to an existing
restaurant with an outdoor dining patio. Therefore, both the interior use and outdoor
dining patio qualify for a categorical exemption under Class 1.
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SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.48.030 (Alcohol Sales) 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 purpose and intent of Section 20.48.030 (Alcohol Sales of
the Zoning Code.
Facts in Support of Finding
i. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
1. Due to the high concentration of commercial land uses, the calls for service, number of
arrests, and crime rate are greater than adjacent residential Reporting Districts;
however, the Newport Beach Police Department 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, number of
arrests, and crime rate are greater than adjacent residential Reporting Districts;
however, the Newport Beach Police Department does not consider the number
significant given the type of development within this Reporting District.
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 General Plan designates the site as mixed -use where residential development is
permitted above the first floor. The subject and surrounding properties are not
currently developed with residential dwelling units. The nearest recreational facility,
Newport Back Bay, is located approximately 6,000 feet to the east of the subject
property. The nearest church, Temple Bat Yahm, is located approximately 10,700 feet
to the south of the subject property. The project site is located across the street from
UC Irvine property and a tutoring facility is located approximately 4,100 feet to the
southwest of the subject property along Bristol Street but the project site is not in close
proximity to any other daycare center or other school. The proposed use is surrounded
by other commercial and office uses in the Koll Center area including several other
eating and drinking establishments along Jamboree Road.
iv. The proximity to other establishments selling alcoholic beverages for either off -site or
on -site consumption.
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1. There are four comparable establishments along Jamboree which provide alcohol
service to patrons. These include Kimera, The Melting Pot, The Daily Grill, and
Phans55. The Type 47 (On Sale, General) alcohol license requested is the same as
those obtained for said establishments and there is no evidence suggesting these
uses have been detrimental to the neighborhood.
v. Whether or not the proposed amendment will resolve any current objectionable
conditions
1. The property has historically been used by restaurants that did not include alcohol
service. As such, there are no current objectionable conditions to be resolved since
alcohol service has not previously been a part of the business operation at this
location.
2. The project has been reviewed and conditioned to ensure that the purpose and intent of
Section 20.48.030 (Alcohol Sales) of the Zoning Code 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 restaurant. 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.
3. The hours of operation will minimize the potential effects on land use. The 11:00 p.m.
closing hour will ensure the restaurant does not become a late night bar, tavern, or
nightclub.
4. The restaurant pad is adjacent to a highly - traveled commercial area that is occupied
by a mixture of office and retail uses. It is anticipated that the establishment will serve
employees of the nearby businesses and visitors to stop and eat within the airport area.
Adding alcohol service to the menu will compliment the food service and provide for
the convenience of customers.
In accordance with Section 20.52.020.17 (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 land use designation for this site is MU -H2 (Mixed -Use Horizontal).
The MU -H2 land use category applies to properties located in the Airport Area. It
provides for a horizontal intermixing of uses that may include regional commercial
office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and
ancillary neighborhood commercial uses. The proposed eating and drinking
establishment is consistent with this land use category.
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2. Eating and drinking establishments are common in the vicinity along Jamboree and
are frequented by visitors and local employees alike. The establishment is compatible
with the land uses permitted within the surrounding neighborhood.
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;
Facts in Support of Finding
1. The site is located in the PC -15 (Koll Center Planned Community) Zoning District
within the Office Site G sub -area. The PC -15 district is planned for development with a
hotel, banquet and convention facilities, a small retail and service center, service
stations, restaurants, bars and theater /nightclubs, a site for the proposed Orange
County Courthouse with the balance of the acreage developed as a business and
professional office park emphasizing open space. The proposed eating and drinking
establishment is consistent with this zoning district.
2. Site improvements, which are required by the conditions of approval for compliance with
the Zoning Code, will be checked by the Community Development Department in
conjunction with building permit inspections.
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 operation of the restaurant will be restricted to the hours between 6:00 a.m. and
11:00 p.m., daily.
2. The existing site provides ample parking (63 parking spaces) to accommodate the
existing and proposed eating and drinking establishments on -site.
3. A restaurant has been operated in this location since 1979 pursuant to Use Permit No.
UP1896, Use Permit No. UP3635, Accessory Outdoor Dining Permit No. OD 18, and
Outdoor Dining Permit No. OD65. During this period, the use has not proven detrimental
to the area. The tenant space has operated as an eating and drinking establishment in
the past and demonstrated the location's capability of operating as a compatible use
with other land uses in the vicinity.
4. The applicant is required to provide a solid roof cover for the existing trash enclosure and
will control trash and litter around the subject property.
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5. The 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. The project has been
conditioned to ensure that the business remains a restaurant and does not become a bar
or tavern. The project has been conditioned so that no dancing or live entertainment
will be permitted on the premises.
6. The applicant has a grease interceptor on -site and will obtain Health Department
approval. The establishment will comply with the California Building Code and
requirements of the Alcoholic Beverage Control Department to ensure the safety and
welfare of customers and employees within the establishment.
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 on -site vehicle circulation, including the drive - through, has functioned
satisfactorily with the existing configuration.
2. The project site is located within an existing restaurant pad building and the tenant
space is designed and developed for an eating and drinking establishment. The
design, size, location, and operating characteristics of the use are compatible with the
surrounding neighborhood.
3. Adequate public and emergency vehicle access, public services, and utilities are
provided within the existing tenant space.
4. The tenant improvements 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
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, 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
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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
courthouse, office, and business park community. The proposed establishment
provides dining services as a public convenience to the surrounding neighborhood.
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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use
Permit No. UP2012 -014, 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.
3. This resolution supersedes Use Permit No. UP3635 and Outdoor Dining Permit No.
OD65, which upon vesting of the rights authorized by Minor Use Permit No. UP2012-
014 (PA2012 -082), shall become null and void.
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF AUGUST, 2012.
Wisneski, AIPP, Zoning Administrator
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
This approval supersedes Use Permit No. UP3635 and Accessory Outdoor Dining
Permit No. OD65.
2. 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.)
3. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Minor Use Permit or the
processing of a new Use Permit.
4. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
5. 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.
6. 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.
7. One parking space for each 40 square feet of interior net public area shall be provided
on -site.
8. All employees shall park on -site.
9. The gross floor area of the food service, no late hours eating and drinking establishment
shall be limited to a maximum of 2,531 sq. ft.
10. The net public area of the food service, no late hours eating and drinking establishment
shall be limited to a maximum of 973 sq. ft.
11. The hours of operation for the restaurant and outdoor dining patio shall be limited to the
hours of 6:00 a.m. and 11:00 p.m., daily.
12. The accessory outdoor dining area shall be used in conjunction with the related adjacent
food establishment and shall be limited to 243 sq. ft. in area.
13. Alcohol service shall be limited to a Type 47 (On Sale General) Alcoholic Beverage
Control License. Alcohol service shall be prohibited at the drive -thru.
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14. There shall be no exterior advertising or signs of any kind 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.
15. Require all owners, managers, and employees selling alcoholic beverages to undergo
and successfully complete a certified training program in responsible methods and skills
for serving and selling alcoholic beverages.
16. A special even permit may be required for any even or promotional activity outside the
normal operational characteristics of the proposed operation. For example, events likely
to attract large crowds, events for which an admission fee is charged, events that include
any form or contract promoters, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
17. Approval does not permit the restaurant to operate as a bar, tavern, cocktail lounge, or
nightclub as defined by the Municipal Code.
18. Full menu food service shall be available for ordering at all times that the restaurant
establishment is open for business.
19. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
20. Food from the full service menu must be made available during any "happy hour" type of
reduced price alcoholic beverage promotion. There shall be no reduced price alcoholic
beverage promotion after 9:00 p.m.
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 or sale of
drinks is prohibited.
22. The use of private (enclosed) "VIP" rooms or any other temporary or permanent
enclosures separate from public areas are prohibited.
23. 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.
24. 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.
25. There shall be no on -site radio, television, video, film, or other electronic media
broadcasts, including recordings to be broadcasted at a later time, which include the
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service of alcoholic beverages, without first obtaining an approved special event permit
issued by the City of Newport Beach.
26. There shall be no live entertainment allowed on the premises.
27. There shall be no dancing allowed on the premises.
28. Strict adherence to maximum occupancy limits is required.
29. No games or contests requiring or involving the consumption of alcoholic beverages shall
be permitted.
30. The boundary of the accessory outdoor dining area shall be marked through the use of a
36 -inch high boundary rail, unless a higher rail or other marking is otherwise approved by
the Community Development Director. Fences, walls, or similar barriers shall serve only
to define the outdoor dining area and not constitute a permanent all weather enclosure.
31. Prior to issuance of building permits, plans for the outdoor dining /patio areas shall be
reviewed and approved by the Planning Division. Final material, height, and location of
the boundary rail shall be subject to approval by the Building and Planning Division staff.
32. The use of umbrellas for shade purposes shall be permitted. The use of any other type of
overhead covering shall be subject to review and approval by the Community
Development Director and may require an amendment to this permit.
33. 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.
34. 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.
35. The trash enclosure shall have a decorative solid roof for aesthetic and screening
purposes, which shall remain closed at all times, except when being loaded or while
being collected by the refuse collection agency.
36. The size, design, and location of trash enclosures shall be subject to the review and
approval of the Public Works and Planning Division prior to issuance of building
permits.
37. 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).
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38. Trash generated by the establishment shall be adequately contained in sealed plastic
bags to control odors prior to placement in the trash dumpster.
39. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community
Development Director, and may require an amendment to this Minor Use Permit.
40. No live entertainment or dancing shall be permitted in conjunction with the permitted
use.
41. No outside loudspeaker or paging system shall be permitted in conjunction with the
proposed operation and outdoor dining establishment.
42. Should problems arise with regard to noise associated with the outdoor dining areas, the
Planning Division shall require the removal of all or a portion of the outdoor dining area
seating in the areas which contribute to the noise problems or complaints.
43. 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.
44. 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 and shall submit a detailed
plan for the policing of the surrounding vicinity for compliance with this condition.
Additionally, the area outside of the food establishment, including the public sidewalks,
shall be maintained in a clean and orderly manner and may be subject to periodic steam
cleaning of the public sidewalks as required by the Community Development
Department.
45. Prior to the issuance of the Certificate of Occupancy, the applicant shall schedule an
inspection by Planning Division to confirm that all landscaping was installed in
accordance with the approved plan.
46. This Minor Use Permit may be modified or revoked by the Zoning Administrator should
they determine that the proposed uses or conditions under which it is being operated
or maintained is detrimental to the public health, welfare or materially injurious to
property or improvements in the vicinity or if the property is operated or maintained so
as to constitute a public nuisance.
47. Use Permit No. UP2012 -014 shall expire unless exercised within 24 months from the
date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code,
unless an extension is otherwise granted.
48. 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,
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actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Park Stone Kitchen + Taps Minor Use Permit
including, but not limited to, Minor Use Permit No. UP2012 -014 (PA2012 -082). 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.
Fire Department Conditions
49. Exiting requirements for A Occupancies per Chapter 10 CBC shall be met. Panic
hardware, door swing and two means of egress shall be required.
50. Illuminated exit signs and emergency lighting shall be provided.
51. A fire extinguisher (2A 10BC) will be required in the seating area. If a hood fire
suppression system is required, a "K" type extinguisher shall also be required in the
kitchen area.
52. A hood fire suppression system will be required if cooking produces grease laden vapors.
Plans will need to be submitted and approved prior to installation.
53. The canopy shall comply with C.B.C. Section 3105. Canopies shall be constructed of a
rigid framework with an approved covering that meets the fire propagation performance
criteria of NFPA 701 or has a flame spread index not greater than 25 when tested in
accordance with ASTM E 84 or UL 723. The canopy shall be labeled by the State Fire
Marshall or a certificate will be required indicating the fabric is flame retardant.
54. All fabrics and all interior decorative fabrics or materials shall be flame resistant in
accordance with appropriate standards set forth in CCR, Title 19, Division 1, Chapter 8.
55. The use and storage of area heaters and propane containers shall be approved by the
Building and the Fire Department prior to installation or use.
56. A "Knox Box" shall be required containing the building keys for emergency personnel
use.
57. The trash enclosure shall be located a minimum of 5 -feet from any structures.
Buildinq Division Conditions
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58. 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.
59. The proposed restaurant that will be renovated from an existing restaurant shall comply
with the requirements of Chapter 10 of the California Building Code 2010.
60. The project shall comply with State Disabled Access requirements.
61. The restaurant shall provide the number of plumbing fixtures to satisfy the requirements
of Chapter 4 of the California Building Code, 2010.
62. The site plan shall clearly identify the parking, path of travel, entrance, restrooms, fixed
seating, and bar seating to comply with accessibility requirements.
63. Kitchen exhaust fans shall be installed in accordance with the Uniform Mechanical Code
prior to the issuance of a Certificate of Occupancy for the subject business and approved
by the Building Division. That issues with regard to the control of smoke and odor shall
be directed to the South Coast Air Quality Management District.
64. 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.
65. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
Public Works Conditions
66. A new sewer cleanout shall be provided on the existing sewer lateral, installed per
STD - 406 -L.
67. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
68. The final design of all on -site parking, vehicular circulation, and pedestrian circulation
systems shall be subject to the approval of the City Traffic Engineer.
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