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HomeMy WebLinkAbout1840 - APPROVE MUP_3142 BALBOA BLVDRESOLUTION NO. 1840 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING MINOR USE PERMIT NO. UP2011 -002 FOR A FOOD SERVICE, EATING AND DRINKING ESTABLISHMENT WITH NO LATE HOURS, OUTDOOR DINING, AND A TYPE 41 (ON SALE BEER AND WINE, EATING PLACE) ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE LOCATED AT 3142 BALBOA BOULEVARD (PA2011 -006). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Andrew Costa, with respect to property located at 3142 Balboa 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, outdoor dining and a Type 41 (On Sale Beer and Wine, Eating Place) Alcoholic Beverage Control (ABC) license. The gross floor area of the establishment is 2,083 square feet, the interior net public area will be 816 square feet, and the outdoor dining area will be 458 square feet. The establishment will provide a maximum of 50 interior seats and 22 exterior seats. The hours of operation are from 7:00 a.m. to 10:00 p.m., Sunday through Thursday and 7:00 a.m. to 11:00 p.m. Friday and Saturday, for the interior of the establishment; from 7:00 a.m. to 10:00 p.m., daily, for the outdoor dining area. 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. Per a memorandum from the Zoning Administrator dated March 31, 2011, pursuant to Zoning Code Section 20.62.040 the Zoning Administrator elected to refer this application to the Planning Commission for consideration and final decision. Planning Commission Resolution No. 1840 Page 2 of 14 6. A public hearing was held on April 21, 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 3, (New Construction or Conversion of Small Structures). 2. 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. 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 of the Newport Beach Municipal Code, the following findings and facts in support of such findings 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: 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; FAUsers \PLN \Shared \PA's\PAs - 2011 \PA2011 -000 Planning Commission Resolution No. 1840 Page 3 of 14 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 complementary 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 similar to previous and currently approved uses within the shopping center and with no late hours the food service with outdoor dining 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 -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: 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 an outdoor dining area and beer and wine alcohol service is consistent with land uses permitted by the CN Zoning District and meets all applicable use and development standards of the Zoning Code, 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 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m. Friday and Saturday. The operation of the outdoor dining area will be restricted to the hours between 7:00 a.m. and 10:00 p.m., daily. F1Users \PLN \Shared \PA's \PAs - 2011 \PA2011 -006 Planning Commission Resolution No. 1840 Page 4 of 14 D -2. The approved plans as conditioned provide a 9- foot -5- inch -tall combination barrier using a 3- foot -11- inch -high, '/4- inch -thick tempered glass extension attached to the trellis to overlap the existing 6- foot -tall wall consistent with the recommendation found in the Acoustical Report. This combination barrier will reduce noise levels to meet the requirements of Section 10.26 of the Municipal Code and mitigate noise nuisance to the residential properties to the south. Also, consistent with the recommendation in the Acoustical Report, the tempered glass will extend past the patio exit corridor 10 feet for a total length of 50 feet. The use permit has been conditioned to provide this combination barrier as approved by the acoustical engineer and provided on the approved plans dated April 5, 2011. The use permit has also been conditioned to require the door opening from the interior to the outdoor dining area be closed at 10:00 p.m. The applicant is also required to control trash and litter around the subject property. These conditions will ensure that the establishment will comply with exterior noise standards and shield the restaurant activity from the residential uses to the south. D -3. 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 -4. 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; and Facts in Support of Finding E -1. The project site is located within the addition to the remodeled existing retail building as part of the shopping center renovation. The renovated center is designed to provide up to 15 percent of the total building area for eating and drinking establishments. Sufficient parking is provided consistent with the parking management plan for the shopping center to meet the intensity of the eating and drinking establishment use. The limited hours of operation and the noise mitigation provided by the combination barrier adjacent the outdoor dining area ensure that the operating characteristics are physically suitable for the neighborhood. FAUsers \PLN \Shared \PA's \PAs - 2011 \PA2011 -006 Planning Commission Resolution No. 1840 Page 5 of 14 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. Findin 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 dining area and door opening from the interior to this area must be closed by 10:00 p.m. to limit the exterior noise to the surrounding residents. Additionally, the 9- foot -5- inch -tall combination barrier will be provided to ensure noise levels comply with Title 10 of the Municipal Code. F -2. Gina's Pizza is the third eating and drinking establishment to request authorization within the shopping center under renovation, and it falls within the 15 percent allotted for eating and drinking establishments with the approved parking management plan therefore, adequate parking will be provided. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2011 -002, 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. F: \Users \PLN \Shared \PA's \PAs - 2011 \PA2011 -006 Planning Commission Resolution No. 1840 Paqe 6 of 14 PASSED, APPROVED AND ADOPTED THIS 21st DAY OF April, 2011. AYES: Eaton, Unsworth, Hawkins, McDaniel, and Hillgren NOES: None ABSTAIN: None ABSENT: Toerge and Ameri BY: Earl McDaniel, Chairman BY: O cO Ames W. Campbell, Ex- fficio Secretary of the Planning Commission F: \UsersTLMShared \PA's\PAs - 2011 \PA2011 -006 Planning Commission Resolution No. 1840 Page 7 of 14 74 '1:If7it�_, CONDITIONS OF APPROVAL Project Specific Conditions in Italics PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated April 5, 2011. (Except as modified by applicable conditions of approval.) 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The 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. 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. 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. 6. 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. 7. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 of the Newport Beach Municipal Code. 8. Use Permit No. 2011 -003 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. 9. 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. 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. 11. The hours of operation for the interior of the eating and drinking establishment are limited from 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., FAUsers \PLN \Shared \PA's \PAs - 2011 \PA2011 -006 Planning Commission Resolution No. 1840 Paae 8 of 14 Friday and Saturday. The hours of operation for the outdoor dining area are limited from 7:00 a.m. to 9:00 p.m., Sunday through Thursday, and 7:00 a.m. to 10:00 p.m. Friday and Saturday.. All activities within the outdoor dining area, including cleanup activities, shall cease at the specified closing hour and no later. 12. The door from the interior to the outdoor dining area shall be closed by 10.00 p. m., daily, to limit the impact of interior noise to residents in the vicinity. 13. Smoking shall be prohibited within the outdoor dining area. 14. The 9- foot -tall wall/ barrier shall be provided adjacent the outdoor dining area consistent with the Acoustical Report to mitigate noise to meet the decibel requirements of Section 10.26 of the Municipal Code. Subject to the approval of the Planning Director, the design of the noise wall/barrier can be modified from that shown on the approved plans but, shall remain in substantial conformance with the Acoustical Report. Also, consistent with the recommendation in the Acoustical Report, the service corridor gate shall be replaced with solid wood filled metal or % inch tempered glass and the noise walOarrier as designed shall extend above the gate. The wall/barrier is not required to extend the 10 -feet beyond the service corridor gate unless required to meet the requirements of Section 10.26. The design of the noise barrier must reduce noise levels to meet the requirements of Section 10.26 and the outdoor dining area is not permitted to operate without this barrier. 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. A grease interceptor shall be provided for the restaurant facility in accordance with the provisions of the California Plumbing Code. 18. The outdoor dining 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 within the Landing Shopping Center, 19. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. 20. The outdoor dining area shall be limited to 458 square feet in area and provide seating for twenty two persons maximum. 21. 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. F:Wsers \PLN \Shared\PA's\PAs - 2011 \PA2011 -006 Planning Commission Resolution No. 1840 Paqe 9 of 14 22. The interior dining area shall be limited to a maximum net public area of 817 square feet and provide seating for fifty persons maximum. 23. Prior to issuance of building permits, plans for the outdoor dining area shall be reviewed and approved by the Planning Division. Final material, height, and location of the fence barrier, 9- foot -5- inch -tall combination barrier and trellis shall be subject to approval by the Building and Planning Division staff. 24. 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. The 9- foot -5- inch -tall combination barrier is for noise mitigation and fences, walls, or similar structures such as the trellis shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 25. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor dining area, The outdoor dining area, including any trellis or umbrella, shall be maintained in a clean orderly condition at all times. 26. The installation of roof coverings in addition to the proposed trellis 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. 27. 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. 28. 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. 29. 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, 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. 30. 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. F: \Users \PLN\Shared \PA''s \PAs - 2011 \PA2011 -006 Planning Commission Resolution No. 1840 31. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 32. 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. 33. 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. 34. The quarterly gross sales of alcoholic beverages shall not exceed 40 percent of 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. 35. 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. 36. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 37. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 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. 42. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the F: \Users \PLN \Shared \PA's\PAs - 2011 \PA2011 -006 Planning Commission Resolution No. 1840 Page 11 of 14 opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 43. 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. 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. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 44. 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. 45. 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. 46. 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. 47. No amplified music, outside paging system, loudspeaker, televisions or other noise generating device are permitted in conjunction with the outdoor dining area. 48. No outside paging system shall be utilized in conjunction with this establishment. 49. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on- site or off -site, to advertise the restaurant. 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. F:\Users\PLN \Shared \PA's \PAs - 2011 \PA2011 -006 Between the hours of 7:00 a.m, and 10:00 .m. Between the hours of 10:00 .m. and 7:00 a.m. Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 44. 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. 45. 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. 46. 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. 47. No amplified music, outside paging system, loudspeaker, televisions or other noise generating device are permitted in conjunction with the outdoor dining area. 48. No outside paging system shall be utilized in conjunction with this establishment. 49. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on- site or off -site, to advertise the restaurant. 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. F:\Users\PLN \Shared \PA's \PAs - 2011 \PA2011 -006 Planning Commission Resolution No. 1840 Page 12 of 14 51. All trash shall be stored within the building or within dumpsters stored in the trash enclosure found to the rear of the west shops within in the rear parking lot. The trash enclosure shall be screened with three walls and a self - latching gate or otherwise be 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. 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. 53. 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. 54. 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). 55. 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. 56. 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. 57. 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. 58. All mechanical equipment shall be screened from public view per Section 20.30.020 of the Zoning Code. 59. Prior to final of the buildinq 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 F: \Users\PLN \Shared \PA's \PAs - 20111PA2011 -006 Planning Commission Resolution No. 1840 Page 13 of 14 Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 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 Gina's Pizza including, but not limited to, the Use Permit No. UP2011 -003. 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 61. An automatic fire extinguishing system protecting commercial cooking shall be required in the Type I hood. Prior to installation, plans will need to be submitted and approved by the fire department. 62. Post occupant load near the main exit. 63. Panic hardware is required from all exits with an occupant load of 50 or more. 64. Hardware on the exit door /gate from the outdoor dining area must meet the hardware requirements for the 2010 California Building Code Sec 1008.1.9.4 65. Permits are required for an assembly and open burning (gas fire pit). Permits can be obtained through the Fire Department. 66. A cover for the proposed fire pit will be required. This cover is intended to prevent any person from falling into the fire pit. The mesh cover is to be placed over the fire pit when the fire pit is in operation. 67. A separate plan will need to be submitted for any fire sprinkler modifications. The plans must be submitted and approved prior to any work being done on the sprinkler system. Building Division Conditions FAUsers \PLN \Shared \PA's \PAs - 2011 \PA2011 -006 Planning Commission Resolution No. 1840 Page 14 of 14 68. 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. 69. 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. 70. The construction plans must meet all applicable State Disabilities Access requirements for the interior and the exterior dining areas. 71. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 72. The outdoor dining area including the fire pit, trellis and 9- foot -5- inch -tall combination barrier included in the approved plans must comply with the most recent applicable City - adopted version of the California Building Code. F: \Users \PLN \Shared \PA's\PAs - 2011 \PA2011 -000