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
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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.
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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
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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.
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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
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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
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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