HomeMy WebLinkAbout2011-27 - Crow BurgerRESOLUTION NO. 2011 -27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. UP2010 -036
TO ALLOW A FOOD SERVICE, EATING AND DRINKING
ESTABLISHMENT WITH NO LATE HOURS, A COVERED
OUTDOOR PATIO, AND A TYPE 41 (ON SALE, BEER AND
WINE, EATING PLACE) ALCOHOLIC BEVERAGE CONTROL
(ABC) LICENSE LOCATED AT 3107 NEWPORT BOULEVARD
(PA2010 -155).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Steve Geary, with respect to property located at 3107
Newport Boulevard, and legally described as Lots E, F, and H on Parcel Map, as per
map filed in book 32, page 41 of Parcel Maps, in the office of the County Recorder in the
County of Orange, together with that portion of Lake Avenue shown as Parcel "G" on
said Parcel Map, vacated and abandoned by Resolution No. 1012 of the City Council of
Newport Beach, recorded May 15, 1981 as Instrument No. 40308 in book 14079, page
939 of official records in the office of said County Recorder, also together with a portion
of Section 28, Township 6 south, range 10 west, San Bernardino Meridian, as per Parcel
Nos. 1, 2, and 3 of the official plat filed in the district land office August 4, 1980
requesting approval of a minor use permit.
2. The applicant proposes a food service, eating and drinking establishment with no late
hours, a covered outdoor patio, and a Type 41 (On Sale Beer and Wine, Eating Place)
Alcoholic Beverage Control (ABC) license. The proposed gross floor area of the
establishment is 1,878 square feet, the interior net public area is 650 square feet, and the
outdoor patio is 259 square feet in area. The establishment provides a maximum of 42
interior seats and 22 seats on the outdoor dining patio. The hours of operation are from
9:00 a.m. to 11:00 p.m., daily, for the interior of the establishment and from 9:00 a.m. to
10:00 p.m., daily, for food and alcohol service on the outdoor dining patio.
3. The subject property is located within the Commercial Neighborhood (CN) zoning district
and the General Plan Land Use Element category is Neighborhood Commercial (CN).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Neighborhood Commercial (CN).
5. A public hearing was held by the Zoning Administrator on January 13, 2011, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The
Zoning Administrator continued Use Permit No. UP2010 -036 to a date certain on
January 27, 2011. 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 Planning Commission at this meeting.
City Council Resolution No. 2011 -27
Page 2 of 14
6. A public hearing was held by the Zoning Administrator on January 27, 2011, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The
Zoning Administrator approved Use Permit No. UP2010 -036 based on the findings and
conditions of approval contained in the Zoning Administrator Action Letter. 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 Planning Commission at this meeting.
7. On February 7, 2011, the Zoning Administrator's decision to approve Use Permit No.
UP2010 -036 was appealed by Planning Commissioner Charles Unsworth. The appeal
was filed to review the process by which the use permit was approved, alcohol service on
the outdoor dining patio, and the applicability of the operator's license ordinance.
8. On February 9, 2011, the Zoning Administrator's decision to approve Use Permit No.
UP2010 -036 was further appealed by Planning Commissioner Robert Hawkins. The
appeal was filed to review the process by which the use permit was approved, alcohol
service on the outdoor dining patio, the applicability of the operator's license ordinance,
the required findings for the subject application, and a typographical error in the Zoning
Administrator Action Letter.
9. At a noticed public hearing held on March 3, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California, the Planning Commission
considered the application, plans, and written and oral evidence presented at this
meeting, and approved Use Permit No. UP2010 -036 based on the findings and
conditions of approval in the Planning Commission Resolution. 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 Planning Commission at this meeting.
10. Pursuant to Section 20.95.060.C, the public hearing was conducted "de novo,"
meaning that it is a new hearing and the decision being appealed has no force or
effect as of the date the call for review was filed.
11. On March 6, 2011, the Planning Commission's decision to approve Use Permit No.
UP2010 -036 was appealed by City Council Member Steven Rosansky. The appeal was
filed to review the authorized hours for alcohol service on the outdoor dining patio.
12. The City Council held a public hearing on March 22, 2011, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. The City Council
considered evidence, both written and oral presented at this meeting. 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 Planning Commission at this meeting.
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City Council Resolution No. 2011 -27
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13. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo,"
meaning that it is a new hearing and the decision being appealed has no force or
effect as of the date the call for review was filed.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 3, (New Construction or
Conversion of Small Structures). The Class 3 exemption includes a store, motel, office,
restaurant or similar structure not involving significant amounts of hazardous
substances, and not exceeding 2,500 square feet in floor area. This exemption also
includes accessory (appurtenant) structures including garages, carports, patios,
swimming pools, and fences.
2. The proposed project involves the establishment of a restaurant in an existing retail
tenant space and the construction of a new outdoor patio. The proposed use is less
than 2,500 square feet. Therefore, proposed use and outdoor patio qualifies for a
categorical exemption under Class 3.
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 Subsection 20.48.030 (Alcohol
Sales) of the Zoning Code.
Facts in Support of Finding
A -1. 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 beer and wine 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.
In accordance with Section 20.52.020.F of the Newport Beach Municipal Code, the following
findings and facts in support of the findings for a use permit are set forth:
Finding
B. The use is consistent with the General Plan and any applicable specific plan.
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Facts in Support of Finding
B -1. The General Plan land use designation for this site is CN (Neighborhood Commercial).
The CN designation is intended to provide for a limited range of retail and service uses
developed in one or more distinct centers oriented to serve the needs of and maintain
compatibility with residential uses in the immediate area. An eating and drinking
establishment with alcohol sales and accessory outdoor dining is a consistent use within
this land use designation. Restaurant uses can be expected to be found in this area and
similar locations and are complimentary to the surrounding commercial and residential
uses.
B -2. Eating and drinking establishments are common in the vicinity along the Balboa
Peninsula and are frequented by visitors and residents alike. The establishment is
compatible with the land uses permitted within the surrounding neighborhood. The
new establishment will improve and revitalize the existing retail building and the
surrounding neighborhood.
B -4. 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
C -1. The site is located in the CN (Commercial Neighborhood) Zoning District. The CN
zoning district is intended to provide for areas appropriate for a limited range of retail
and service uses developed in one or more distinct centers oriented to serve primarily
the needs of and maintain compatibility with residential uses in the immediate area.
The proposed food service, eating and drinking establishment with beer and wine
alcohol service and an outdoor patio is consistent with land uses permitted by the CN
Zoning District.
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
D -1. The operation of the interior of the restaurant will be restricted to the hours between 9:00
a.m. and 11:00 p.m., daily. The operation of the outdoor patio will be restricted to the
hours between 9:00 a.m. and 10:00 p.m., daily.
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D -2. A restaurant has been operated in this location since 1971 pursuant to Use Permit No.
1551 and has not proven detrimental to the area. The tenant space within the shopping
center 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.
D -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 located approximately 225 feet from residential properties across
32nd Street. The use permit has been conditioned to require the folding doors and the
outdoor patio area to be closed by 10:00 p.m. so that the establishment will comply
with exterior noise standards and shield the restaurant activity from the residential
uses across 32 "d Street. The applicant is also required to control trash and litter around
the subject property.
D -4. 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 the welfare of the surrounding community so 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.
D -5. 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.
Finding
E. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and medical)
access and public services and utilities.
Facts in Support of Finding
E -1. The project site is located within an existing retail 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.
E -2. Adequate public and emergency vehicle access, public services, and utilities are
provided within the renovated shopping center.
E -3. 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.
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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
F -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. The outdoor patio and louvered
folding doors must be closed by 10:00 p.m. to limit the exterior noise to the surrounding
residents.
F -2. The food service, eating and drinking establishment will serve the surrounding
residential community. The proposed establishment will provide dining services as a
public convenience to the surrounding neighborhood. This will revitalize the project site
and provide an economic opportunity for the property owner to update the retail
tenants and services, which best serve the quality of life for the surrounding residential
community.
SECTION 4. DECISION.
NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
SECTION 1: The City Council of the City of Newport Beach does hereby approve Use
Permit No. UP2010 -036 subject to the conditions contained in Exhibit 'A," which is attached
hereto and incorporated by reference.
SECTION 2: This resolution was approved and adopteO at a regular meeting of the City
Council of the City of Newport Beach, held on the 22nd day of arch, 2011.
ATTEST:
CITY CLERK
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MAYOR
City Council Resolution No. 2011 -27
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EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
Planning Department 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 Use Permit may be modified or revoked by the City Council, Planning
Commission, or 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.
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 Use
Permit or the processing of a new Use Permit.
4. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
5. Use Permit No. UP2010 -036 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.
6. 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.
7. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
8. 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.
9. Prior to the issuance of a buildinq permit, the applicant shall pay any unpaid
administrative costs associated with the processing of this application to the Planning
Department.
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10. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the
outdoor dining area in excess of 25 percent of the interior net public area in accordance
with Chapter 15.38 of the Newport Beach Municipal Code.
11. A copy of this approval letter shall be incorporated into the Building Department and
field sets of plans prior to issuance of the building permits.
12. The hours of operation for the interior of the eating and drinking establishment are limited
from 9:00 a.m. to 11:00 p.m., daily. The hours of operation for the outdoor patio are
limited from 9:00 a.m. to 10:00 p.m., daily. The hours of operation for alcohol service on
the outdoor patio are limited from 9:00 a.m. to 10:00 p.m., daily. All activities within the
outdoor dining area, including cleanup activities, shall cease at the specified closing hour
and no later.
13. The doors to the outdoor patio area shall be closed by 10:00 p.m., daily, to limit the
impact of interior noise to residents in the vicinity.
14. [deleted]
15. Live entertainment and dancing shall be prohibited as a part of the regular operation.
16. 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.
17. The patio floor area in excess of the 25 percent allowance will be deducted from the
15 percent of gross floor area limitation for eating and drinking establishment uses.
18. The accessory outdoor dining shall be used only in conjunction with the related adjacent
establishment.
19. The outdoor patio shall be limited to 259 square feet in area and provide seating for
twenty two persons maximum.
20. The seating and dining in the outdoor area shall be limited to dining table height
(approximately 30 inches) and table surface area of 24 inches by 30 inches minimum.
The use of elevated counters, tables, and barstools are prohibited in the outdoor dining
area.
21. Prior to issuance of building permits, plans for the outdoor dining /patio areas shall be
reviewed and approved by the Planning Department. Final material, height, and
location of the fence shall be subject to approval by the Building and Planning
Department staff.
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22. The boundary of the accessory outdoor dining area shall be marked through the use of
a 36- inch -high rail as shown on the approved plans. Fences, walls, or similar barriers
shall serve only to define the outdoor dining area and not constitute a permanent all
weather enclosure.
23. The material and color of any awning or umbrella located on the outdoor dining /patio
areas shall be subject to review and approval by the Planning Department. No form of
advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor
patio dining areas. The outdoor patio dining areas, including any awning or umbrella,
shall be maintained in a clean orderly condition at all times.
24. The installation of roof coverings in addition to the proposed fabric awning shall not
have the effect of creating a permanent enclosure. 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 Planning Director and may require an
amendment to this permit.
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. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control shall be a Type 41 in conjunction with the service of food as the
principal use of the facility.
27. 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. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifying /licensing body, which the State may designate. The establishment shall
comply with the requirements of this section within 180 days of the issuance of the
certificate of occupancy. Records of each owners, 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.
28. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge,
or nightclub as defined by the Newport Beach Municipal Code.
29. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
30. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed
except when offered in conjunction with food ordered from the full service menu. There
shall be no reduced price alcoholic beverage promotion after 9:00 p.m.
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31. The petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based up on monies collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
32. 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 command.
33. There shall be no on -site radio television, video, film, or other electronic or media
broadcasts, including recordings to be broadcasted at a later time, which include the
service of alcoholic beverages, without first obtaining an approved special event permit
issued by the City of Newport Beach.
34. [deleted]
35. No games or contests requiring or involving the consumption of alcoholic beverages shall
be permitted.
36. The approval is only for the establishment of a restaurant type facility as defined by Title
20 of the Municipal Code, with the principal purpose for the sale or service of food and
beverages with sale and service of alcoholic beverages incidental to the food use.
37. Full meal service shall be provided during all hours of operation.
38. Strict adherence to maximum occupancy limits is required.
39. 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.
40. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge is
prohibited.
41. The proprietor shall actively control any noise generated by the patrons of the facility.
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42. The operator of the facility shall be responsible for the control of noise generated on
the subject facility. Pre - recorded music may be played in the tenant space, provided
exterior noise levels outlined below are not exceeded. The noise generated by the
proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach
Municipal Code. The maximum noise shall be limited to no more than depicted below
for the specified time period unless the ambient noise level is higher:
43. 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. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code.
44. [deleted]
45. No amplified music, outside paging system, loudspeaker or other noise generating
device are permitted in conjunction with the outdoor dining area.
46. No outside paging system shall be utilized in conjunction with this establishment.
47. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, 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 and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays.
48. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.67 of the Newport Beach
Municipal Code.
49. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on-
site or off -site, to advertise the restaurant.
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Between the hours
Between the hours
of 7:OOAM and
of 10:OOPM and
10:OOPM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located
within
45dBA
6OdBA
45dBA
50dBA
100 feet of a commercial
property
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
43. 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. All noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 and other applicable noise control
requirements of the Newport Beach Municipal Code.
44. [deleted]
45. No amplified music, outside paging system, loudspeaker or other noise generating
device are permitted in conjunction with the outdoor dining area.
46. No outside paging system shall be utilized in conjunction with this establishment.
47. Construction activities shall comply with Section 10.28.040 of the Newport Beach
Municipal Code, 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 and 8:00 a.m. and 6:00 p.m. on Saturday. Noise - generating construction
activities are not allowed on Sundays or Holidays.
48. All proposed signs shall be in conformance with the approved Comprehensive Sign
Program for the project site and provisions of Chapter 20.67 of the Newport Beach
Municipal Code.
49. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on-
site or off -site, to advertise the restaurant.
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50. Temporary signs shall be prohibited in the public right -of -way unless otherwise
approved by the Public Works Department in conjunction with the issuance of an
encroachment permit or encroachment agreement.
51. 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. The trash dumpsters shall have a top, which shall remain closed at all
times, except when being loaded or while being collected by the refuse collection
agency.
52. Prior to the final of building permits, the refuse storage facilities should be upgraded to
meet the requirements specified by Title 20 by providing self - locking gates.
53. The applicant shall provide a minimum of one common trash enclosure evenly
distributed throughout the project site. The size, design and location of trash
enclosures shall be subject to the review and approval of the Public Works and
Planning Departments prior to issuance of a building permit for new construction. The
enclosures shall be located on a four inch concrete pad screened by a six foot high
decorative concrete block wall that is compatible with the architectural design of the
residential buildings. The enclosures shall incorporate a cover of decorative beams or
other roofing material to provide security and visual screening from above.
54. 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.
55. 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.
56. 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
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).
57. Prior to final of the building permits, the applicant shall prepare and submit a practical
program for controlling litter, spills, and stains resulting from the use on the site and
adjacent areas to the Planning Department for review. The building permit shall not be
finaled and use cannot be implemented until that program is approved. The program
shall include a detailed time frame for the policing and cleanup of the public sidewalk
and right -of -way in front of the subject property as well as the adjacent public right -of-
way (25 feet north and south of the subject property) not just in front of the subject
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tenant space. Failure to comply with that program shall be considered a violation of the
use permit and shall be subject to administrative remedy in accordance with Chapter
1.05 of the Newport Beach Municipal Code that includes issuance of a citation of
violation and monetary fines.
58. 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 Planning Director,
and may require an amendment to this use permit.
59. 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.
60. 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 Crow Burger Kitchen including, but not limited to Use
Permit No. 2010 -036 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
61. 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.
62. A building permit is required to allow the change in use to an eating and drinking
establishment. The construction plans must comply with the most recent, City- adopted
version of the California Building Code.
63. 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 exiting and
fire protection requirements as specified by the California Building Code and shall be
subject to review and approval by the Building Department.
64. The construction plans must meet all applicable State Disabilities Access requirements.
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City Council Resolution No. 2011 -27
Page 14 of 14
65. Approval from the Orange County Health Department is required prior to the issuance of
a building permit.
66. A grease interceptor shall be installed prior to the establishment opening for business.
67. Complete sets of drawings including architectural, electrical, mechanical, and plumbing
plans shall be required at plan check.
68. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform
Mechanical Code. The issues with regard to the control of smoke and odor shall be
directed to the South Coast Air Quality Management District.
69. The applicant shall provide a Type 1 hood with a kitchen suppression system for cooking
equipment.
70. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric
heaters are allowed if installed per their listing and the California Electrical or Plumbing
Code.
71. 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.
72. All exits shall remain free of obstructions and available for ingress and egress at all
times.
73. Strict adherence to maximum occupancy limits is required.
Public Works Department Conditions
74. County Sanitation District fees shall be paid prior to the issuance of any building
permits.
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing resolution,
being Resolution No. 2011 -27 was duly and regularly introduced before and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of
March, 2011, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Selich, Curry, Daigle, Mayor Henn
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 23rd day of March, 2011.
—
City Clerk I
Newport Beach, California
(Seal