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HomeMy WebLinkAbout1849 - APPROVE UP FOR AN EATING AND DRINKING ESTABLISHMENT_111 PALM STREETRESOLUTION NO. 1849 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2011 -012 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 111 PALM STREET (PA2011- 062) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Lone Oak Newport, LLC, with respect to property located at 111 Palm Street, and legally described as Lot 7 and 8, Block 6, Tract 104, Balboa Tract, shown as Parcel 1 of Resub. 713, PM- 189_17 -18 requesting approval of a use permit. 2. The applicant proposes a conditional use permit to allow an eating and drinking establishment with late hours, an outdoor dining patio, a second floor office area, and a Type 47 (On -Sale General) alcoholic beverage license. The requested hours of operation are from 6:00 a.m. to 12:00 midnight, Sunday through Thursday, and 6:00 a.m. to 1:00 a.m., Friday and Saturday. The requested hours of operation for the outdoor dining patio are from 6:00 a.m. to 10:00 p.m., Sunday through Thursday, and 6:00 a.m. to 11:00 p.m., Friday and Saturday. Conditional use permit approval is also necessary to reduce the required 32 additional parking spaces through the approval of a parking management program because the subject property does not provide on -site parking. 3. The subject property is located within the Mixed -Use Vertical (MU -V) Zoning District and the General Plan Land Use Element category is Mixed -Use Vertical (MU -V). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Vertical (MU -V). 5. A public hearing was held on July 7, 2011 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 Planning Commission at this meeting. 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 1 (Existing Facilities). 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, Planning Commission Resolution No. 1849 Paoe 2 of 14 facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project involves the reestablishment of a restaurant with an accessory outdoor dining patio and office within an existing structure. Therefore, the interior use, outdoor dining patio, and office qualify for a categorical exemption under Class 1. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: 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: 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. Alcohol service 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 including an Operator License will ensure compatibility with the surrounding uses and minimize alcohol related impacts. A -2. The subject property is located in an area with a significant variety of land uses including commercial, retail, residential, and coastal resources. The business hours, operational characteristics, and floor plan have been limited so as to maintain the compatibility of the proposed use with surrounding land uses. In accordance with Section 20.52.050.E (Use Permit, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: B -1. The General Plan land use designation for this site is MU -V (Mixed -Use Vertical). The MU -V designation is intended to provide for the development of properties for mixed - use structures that vertically integrate housing with retail uses including retail, office, restaurant, and similar nonresidential uses. For mixed -use structures, commercial uses characterized by noise, vibration, odors, or other activities that would adversely impact on -site residential units are prohibited. Sites may also be developed exclusively Tmplt: 03/08/11 Planning Commission Resolution No. 1849 Page 3 of 14 for retail or office uses in accordance with the CN, CC, CG, or CO -G designations. The proposed eating and drinking establishment, which is the sole occupant of the subject property is consistent with these land use designations. Restaurant uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. B -2. Inasmuch as the proposed application will not result in an increase in the floor area ratio, the project is consistent with the Land Use element. Land Use Policy LU6.13.5 (Rebuilding of Non - Conforming Structures) of the General Plan states that one of the goals for the Balboa Village district is to allow existing nonconforming structures to remain, 'Permit existing commercial buildings that exceed the permitted development intensities to be renovated, upgraded, or reconstructed to their preexisting intensity and, at a minimum, number of parking spaces." The project is consistent with this policy and would allow for the reuse of the existing art-deco building, thus maintaining the character of the district. B -3. 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 the Zoning Code and the Municipal Code. Facts in Support of Findinq: C -1. The site is located in the MU -V (Mixed -Use Vertical) Zoning District. The MU -V zoning district is intended to provide for areas appropriate for the development of mixed -use structures that vertically integrate residential dwelling units above the ground floor with retail uses including office, restaurant, retail, and similar nonresidential uses located on the ground floor or above. The proposed eating and drinking establishment with alcohol service, an outdoor patio, and a second floor office is consistent with land uses permitted by the MU -V Zoning District. C -2. The subject property does not provide on -site parking but the proposed use is identified as a short-term objective for this particular intersection within Balboa Village to provide a focal point for entry into the district. The payment of annual parking passes for all employees of the establishment will help off -set the costs of providing public parking for multiple uses in the district and create revenue for the maintenance and creation of additional parking for the district. Tmpit: 03/08/11 Planning Commission Resolution No. 1849 Page 4 of 14 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 restaurant will be restricted to the hours between 10:00 a.m. and 12:00 midnight, daily. The closing hour varies from other late night restaurants and bars in the area and this will assist the Police Department with control over public areas in the district during the late night hours. D -2. A restaurant has been operated in this location from 1962 to 1998 pursuant to Use Permit No. 876 and Use Permit No. UP2045. D -3. The floor plan provides a bar area with counter space, 11 bar stools, and alcohol service. Tables are provided to accommodate 72 seats indoors and 28 seats on the outdoor dining patio. Live entertainment and dancing are not proposed and no on -site parking is provided at the subject property. The commercial building is previously developed with the infrastructure to accommodate a restaurant use. D -4. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the restaurant is located approximately 10 feet from residential properties across the alley to the south, the building is oriented toward Balboa Boulevard and Palm Street away from the nearby residences. The use permit has been conditioned to require the outdoor patio area to be closed by 10:00 p.m., daily, to reduce noise impacts to nearby residents. Restaurant activity will be shielded from the residential uses to the south, west, and across East Balboa Boulevard. The applicant is also required to control trash and litter around the subject property. D -5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an Operator License, 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 nightclub as defined by the Zoning Code. D -5. The applicant is required to install a grease interceptor, provide a wash -out area that drains to the sewer line, 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. D -6. The subject property is located in a relatively dense village area with multiple uses within a short distance of each other. The Balboa Village district is conducive to a significant amount of walk -in patrons. The area experiences parking problems in the day time during the summer months. Two municipal parking lots and on- street parking is Tmpll: 03/08111 Planning Commission Resolution No. 1849 Paqe 5 of 14 available in the Balboa Village district to accommodate the proposed use in the off- season months. The payment of annual parking passes for all employees will help to alleviate added costs for maintenance and demand on the Balboa Pier Main Lot. 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 commercial 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. The existing tenant space on the subject property has historically been utilized as a restaurant. E -2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utilities upgrades required for the change in occupancy will be required at plan check and have been included in the conditions of approval. 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. 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, 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 closing hours for the outdoor dining patio will limit the exterior noise to the surrounding residents. F -2. The 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 Tmpit: 03/08/11 Planning Commission Resolution No. 1849 Paqe 6 of 14 provide an economic opportunity for the property owner to update the retail tenant and service, which best serve the quality of life for the surrounding residential community. F -3. The proposed use is located in a district which is subject to a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics reduce the demand of the proposed eating and drinking establishment and the number of parking spaces required to serve the proposed use. Adequate parking is provided in the nearby municipal lots in the off - season months and summer weekdays to accommodate the proposed use. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2011 -012, 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 City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 3. This resolution supersedes Use Permit No. UP876 and Use Permit No. UP2045, which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY, 2011. AYES: Kramer, Myers, Toerge, and Unsworth NOES: Ameri, Hawkins, and Hillgren ABSTAIN: None. ABSENT: None. Charles Unsworth, Chairman BY: Bra le I gre , Secretary Tmplt 03108/11 Planning Commission Resolution No. 1849 Paae 7 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING 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. Use Permit No. UP2011 -012 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. 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. 6. This Use Permit may be modified or revoked by the City Council or Planning Commission 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. 7. Any change in operational characteristics, 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. 8. 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. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 10. A copy of this approval letter shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. TmpIC 03/08/11 Planning Commission Resolution No. 1849 Paae 8 of 14 11. 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 Modification 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 Modification Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to restaurant use in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 13. The applicant or operator of the facility shall purchase parking permits for all employees on an annual basis for the Balboa Pier Main Lot, and shall direct employees to park in said parking lot. 14. deleted 15. The hours of operation for the interior of the restaurant shall be limited between 6:00 a.m. and 12:00 midnight, daily. The hours of operation for the outdoor dining patio shall be limited between 6:00 a.m. and 10:00 p.m., daily. 16. That the "net public area" of the restaurant shall not exceed 2,040 square feet for the interior of the subject restaurant facility. A maximum of 83 seats shall be provided within the interior of the establishment. 17. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. The outdoor dining patio shall be limited to 600 square feet in area and provide seating for 28 persons maximum. 18. 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. 19. The height of the boundary wall of the accessory outdoor dining area shall be marked 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. 20. 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 Community Development Director and may require an amendment to this permit. TmpIC 03108/11 Planning Commission Resolution No. 1849 Paqe 9 of 14 21. 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 Division. 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. 22. 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. 23. All proposed signs shall be in conformance with any approved Comprehensive Sign Program for the project site and provisions of Chapter 20.67 of the Newport Beach Municipal Code. 24. That no temporary "sandwich" signs shall be permitted, either on -site or off -site, to advertise the restaurant facility. 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. 25. All lighting shall conform with the standards of 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. 26. 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. 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: Tmplt: 03108/11 Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially 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 Tmplt: 03108/11 Planning Commission Resolution No. 1849 Page 10 of 14 27. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the restaurant facility. 28. 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. 29. All trash shall be stored within the building, except when placed for pick -up by refuse collection agencies. 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). 30. Trash receptacles for patrons shall be conveniently located inside of the establishment. 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. 31. 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 Division 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 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. 32. 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 Use 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 trash container on pick -up days. 34. 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 Tmpil: 03/08/11 Planning Commission Resolution No. 1849 Paae 11 of 14 or indirectly) to City's approval of the Restaurant Conditional Use Permit including, but not limited to, the Use Permit No. UP2011 -012. 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. Police Department Conditions 35. The approval is only for the establishment of an eating and drinking establishment 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. 36. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 (On -Sale General) in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 37. The operator of the establishment shall secure and maintain an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to operate beyond the hours of 12:00 a.m. 38. The Operator License required to be obtained pursuant to Chapter 5.25 of the Municipal Code, may be subject to additional and/or more restrictive conditions such as a security plan to regulate and control potential late -hour nuisances associated with the operation of the establishment. 39. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Newport Beach Municipal Code. 40. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 41. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the scheduled closing time. 42. 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. 43. There shall be no live entertainment or dancing allowed on the premises. Tmplt 03/08/11 Planning Commission Resolution No. 1849 Page 12 of 14 44. 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. 45. 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. 46. 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. 47. There shall be no on -site radio, televisions, video, film, or other electronic 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. 48. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 49. 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. 50. 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 owner's, managers 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. Fire Department Conditions 51. Exit hardware for outdoor dining patio shall comply with California Building Code Section 1008. Tmplt: 03/08/11 Planning Commission Resolution No. 1849 Page 13 of 14 52. With an occupant load of 50 or more persons, the requirements for an Assembly in C.B.C. Section 1028 will need to be met. 53. A fire suppression system will be required for cooking which involves the production of grease laden vapors. 54. Fire extinguishers will be required for the restaurant, offices upstairs, and a type -K for the cooking area. 55. Illuminated exit signs will be required. Emergency power shall be provided for a duration of not less than 90 minutes. 56. Requirements for wall and ceiling finishes and decorative material must be met from the C.B.C. Section 803 and 806. Building Division Conditions 57. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. 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. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 58. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 59. Strict adherence to maximum occupancy limits is required. 60. Public sanitation facilities shall be available to the general public (patrons) during regular business hours of the operation, unless otherwise approved by the Building Division, 61. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division, 62. 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. 63. The applicant shall provide a Type 1 hood with a kitchen suppression system for cooking equipment. Tmplt: 03/08/11 Planning Commission Resolution No. 1849 Paqe 14 of 14 64. Kitchen exhaust fans shall be installed /maintained in accordance with the California Mechanical Code. A permit from the Sough Coast Air Quality Management District shall be obtained for the control of smoke and odor. 65. 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. 66. 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. All exits shall remain free of obstructions and available for ingress and egress at all times. Public Works Conditions 67. The fountain, curb, and bollards within the rear alley setback shall be removed to improve alley access. 68. County Sanitation District fees shall be paid prior to the issuance of any building permits. Utilities Conditions 69. The applicant is responsible for all upgrades to the City's utilities as required to fulfill the project's demand. 70. New and existing domestic water services shall be protected by a USC approved reduced pressure backflow assembly and installed per STD - 520 -L -A. 71. New and existing irrigation services shall be protected by a dedicated USC approved reduced pressure backflow assembly and installed per STD - 520 -L -A. 72. New and existing fire services shall be protected by a USC approved double check detector assembly and installed per STD - 517 -L. 73. New sewer laterals and cleanouts shall be installed per STD - 406 -L. Tmplt: 03/08/11