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HomeMy WebLinkAbout(1996, 03/11) - L-19 - Adopted (adopted as L-19, but number was previous assigned to Leased Street Lights on 2/26/96) - partialAttachment A L-21 STANDARD CONDITIONS OF APPROVAL SIDEWALK CAFE LICENSE ENCROACHMENT PERMITS 1. Compliance with conditions. The Permittee shall comply with all of the provisions of Council Policy L-21 and all of the following conditions imposed upon this permit. Violation of any conditions of this permit shall be grounds for permit revocation. 2. Revocation. The Public Works Director may revoke this at any time if it is determined that continued operation of the sidewalk cafe is detrimental to the public interest or the Permittee is in violation of conditions to the permit. 3. Abatement. In the event that the Permittee fails to abide by the terms and conditions of this permit, the Public Works Director may summarily abate any prohibited improvements and the Permittee shall pay all costs incurred by the City in such abatement. 4. Inspection. The Public Works Department may inspect improvements within the public right -of -way at any time without notice to the Permittee. 5. Indemnification. The Permittee shall defend, indemnify and hold the City and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under this permit. 6. Insurance. Permittee shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least one million dollars 1,000,000.00) covering the applicants operations on the sidewalk. Such insurance shall name, on a Special Endorsement form, the City, its elected and appointed boards, officers, agents and employees as additional insureds. A Certificate of Insurance shall contain provisions that prohibit cancellations, modifications, or lapse without thirty (30) days prior written notice to the City. L-21 • 7. Permit limitations. This permit is issued in conformance with Newport Beach Municipal Code Chapter. 13.18 and Council policy L -21 relating to outdoor dining on public sidewalks. However, issuance of this permit does not imply that all governmental agency requirements for starting a new restaurant or expanding an existing one have been satisfied. Business owners are responsible for securing and complying with all required licenses and permits from other agencies including the state Alcoholic Beverage Control Board, the County Health Department, and the City of Newport Beach. Sale of alcoholic beverages in outdoor dining areas shall comply with Section 10.04.010 of the Newport Beach Municipal Code and Council Policy K -7 Determination of Convenience and Necessity for Alcoholic Beverage Outlets). 8. No alterations. The floor of the outdoor dining area shall be maintained at the same level as the sidewalk, and no alterations to the sidewalk or coverings on the sidewalk (e.g., borings for recessed sleeves) shall be installed unless expressly approved by the Public Works Director. • 9. Disabled access. The outdoor dining area shall be accessible to the disabled, and buildings adjacent to these dining areas shall maintain building egress as defined by the Uniform Building Code and State of California Title 24 Disabled Access Standards. 10. Management. Restaurant management shall operate the outdoor dining area in compliance with the terms and conditions of this permit and shall not delegate or assign that responsibility. The Permittee shall ensure that sidewalk cafe patrons do not disturb persons on the adjacent right -of -way by loud, boisterous, and unreasonable noise, offensive words or disruptive behavior. 11. Maintenance. Restaurant management shall keep the outdoor dining area clear of litter, food scraps, and soiled dishes and utensils at all times. Trash receptacles shall be provided in outdoor dining areas used for consuming take -out items unless public trash receptacles located nearby are determined to be adequate by the Public Works Director. At the end of each business day, establishments are required to clean (sweep and wash) the entire sidewalk in and around the outdoor dining area and remove • debris to a closed receptacle. No debris shall be swept washed, or A -2 L -21 blown into the sidewalk, gutter or street. If disposable materials are used, the establishment shall comply with all applicable City recycling programs. Awnings and umbrellas shall be washed whenever they are dirty and, in any event, no less than two times each year. Private trash receptacles shall be emptied daily. 12. Furniture removal. When the establishment stops serving for the day and patrons already seated in it leave, further seating in the outdoor dinning area shall be prohibited and the outdoor dining furniture shall be removed from the right -of -way unless otherwise approved in the Encroachment Permit. 13. Plants. Plants shall be properly maintained and stressed or dying plants shall be promptly replaced. Because plant fertilizers contain material that can stain the pavement, water drainage from any plants onto the adjacent sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for air flow of at least one inch (1 ") between saucers and sidewalk. 14. Plans and permits. All City- approved plans and permits for the outdoor dining area shall be kept on the premises for inspection at all times when the establishment is open for business. 15. Smoking. Restaurant management may permit smoking in the outdoor dining area consistent with all applicable statutes and regulations. Management may also prohibit smoking in the outdoor dining areas. 16. Permit transfer. This permit may be transferred to a subsequent operator subject to approval by the Public Works Director and payment of a transfer fee as established by the City Council. Prior to approval of a transfer the Public Works Director may modify the terms of the permit as deemed appropriate to protect public health, safety and welfare. A -3 L -21 • 17. Termination. Upon termination of the Encroachment Permit, the Permittee shall immediately remove the barriers around the outdoor dining area, return the sidewalk to its original condition, and remove all personal property, furnishings, and equipment from the sidewalk. Any personal property remaining on the premises shall be removed pursuant to the laws of the State of California and the City. Adopted - March 11, 1996 A-4 r: Attachment B SHARED BICYCLE/PEDESTRIAN FACILITIES WHERE SIDEWALK CAFES ARE PROHIBITED Campus Drive - south side Irvine Avenue - east side Jamboree Road - west side MacArthur Boulevard - east side Ocean Front Riverside Avenue - north side San Joaquin Hills Road - south side San Miguel Drive - west side San Miguel Drive - both sides Adopted - March 11, 1996 L-21 Von Karman Avenue to Jamboree Road Orchard Avenue to Bristol Street Eastbluff Drive North to Campus Drive Jamboree Road to Campus Drive F Street to McFadden Place and westerly line of Ocean Front parking lot to 36th St. Cliff Drive to 150 feet north of Avon Avenue MacArthur Blvd. to Marguerite Avenue Port Sutton Drive to San Joaquin Hills Road San Joaquin Hills Road to Avocado Avenue F-N