Loading...
HomeMy WebLinkAbout1824 - APPROVE AMENDMENT TO UP_ EL RANCHITO RESTAURANT_ 2515 EAST COAST HWYRESOLUTION NO. 1824 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3072 (FORMERLY USE PERMIT 1417 AND ITS AMENDMENTS, OPERATING MOST RECENTLY AS OYSTERS RESTAURANT) FOR THE EL RANCHITO RESTAURANT LOCATED AT 2515 EAST COAST HIGHWAY (UP2010 -025, PA2010 -121) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Sergio Avila, with respect to property located at 2515 East Coast Highway, and legally described as Lots 1, 2, and a portion of Lot 3, Block C, Tract 470 and an abandoned portion of Carnation Ave; requesting approval of an amendment to Use Permit No. 3072 (formerly Use Permit 1417 and its amendments, reestablished by this approval as UP2010 -025). 2. The applicant proposes the following changes in the operational characteristics of the existing restaurant: 1) To expand the restaurant into the neighboring vacant tenant space (1,040 sq ft) to accommodate new restrooms facilities (404 sq ft); an employee service hallway (70 sq ft) and a take -out deli counter with customer waiting and retail area (566 sq ft); 2) to expand the existing hours of operation to extend the opening hours on Saturdays and Sundays to 9 am; and Monday through Friday to 10 am; and 3.) to change conditions of approval that currently require the provision of valet parking service during evening hours, to allow the use of valet parking services on an as- needed basis (to accommodate special events and holiday peak use). 3. The subject property is located within the Retail and Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -B). 5. A public hearing was held on October 21, 2010, 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. Planning Commission Resolution No. 1824 Paqe 2 of 12 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). 2. The project involves minor interior alterations involving expansion into a neighboring retail tenant space for a take -out deli counter and retail display, with no increase in the number seats or area devoted to dining. Additionally, the change in the provision of valet parking services on an as- needed basis is consistent with the previous restaurant operations prior to acquisition by the current applicant. SECTION 3. REQUIRED FINDINGS. 1. Pursuant to Sections 20.82.060 A and 20.66.100 A of the Zoning Code, expansion into the neighboring retail tenant space (increase in excess of 250 square feet of gross floor area), change in the hours of operation (opening hour change), and change to the existing conditions of approval (related to the valet parking service and the waiver of off - street parking requirement) are considered major changes in operational characteristics requiring an amendment to the Use Permit. In accordance with Section 20.91.035 of the Zoning Code, the Planning Commission finds it can make the findings required to approve the requested amendment to Use Permit No. 3072. The operation of the restaurant, as proposed, will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in the neighborhood of the restaurant, for the following reasons: • The change to extend the opening hours on Saturdays and Sundays to 10 am; and Monday through Friday to 10 am will not cause an appreciable increase in parking demand that will adversely affect the residential neighborhood. The following changes will help alleviate late hour noise and parking impacts on the residential neighborhood 1.) closing hours are revised to Midnight Sunday to Thursday nights; and 12:30 am on Friday and Saturday nights; 2) to expand the restaurant into the neighboring vacant tenant space (1,040 sq ft) to accommodate new restrooms facilities (404 sq ft); an employee service hallway (70 sq ft) and a take -out deli counter with customer waiting and retail area (566 sq ft); and 3.) to change conditions of approval that currently require the provision of valet parking service during evening hours, to allow the use of valet parking services on an as- needed basis (to accommodate special events and holiday peak use); and 4.) purchase of municipal annual parking permits for employees. • The change in operational characteristics to eliminate the requirement for evening provision of valet parking and waiver of a portion of the off - street parking requirement (30 spaces waived) is appropriate, since the restaurant is located in close proximity to a municipal parking lot (established in 1985) that was not in existence when the use permit requiring full -time evening valet parking services was approved; and it is not anticipated that the maximum parking requirements for the multiple commercial and retail uses on site would occur simultaneously. Planning Commission Resolution No. 1824 Paqe 3 of 12 • Memorandum provided by the Police Department, state that no notable calls for service have been received from residents in the past regarding the noise generated from the former Oysters Restaurant, or associated with the former El Ranchito location at 2744 East Coast Highway; and the continued use of limited live entertainment (in accordance with the Use Permit No. 3072 and its amendments) or extending the opening hours of operation is not expected to result in increased noise disturbances to the adjacent residences and neighborhood. • The applicant states that the previous restaurant operations did not provide the use of any off -site parking spaces, conversely sufficient evidence has been provided to confirm that adequate parking is available during the existing lunch service based on the shared use of the subject property parking lot and the proximity of the municipal parking lot. 2. Use Permit Findings Finding: A. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: A -1. The expanded restaurant will provide a take -out deli service area as a part of the existing restaurant facility, which serves the surrounding residential and commercial community. A -2. The project is located in the RSC (Retail and Service Commercial) Zoning District, which is intended to provide for retail sales, personal and professional uses that offer direct services to the public. This designation allows a wide range of uses and services accommodating both residents and visitors. The proposed restaurant expansion is consistent with land uses permitted by the RSC Zoning District. Finding: B. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Planning Commission Resolution No. 1824 Paqe 4 of 12 Facts in Support of Finding: B -1. The General Plan land use designation for this site is CC (Commercial Corridor). The CC designation is intended to provide for a wide range of retail and service uses to serve the needs of and maintain compatibility with residential uses in the immediate area. The existing eating and drinking establishment with alcohol sales 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. A restaurant has been operated in this location since 1963 pursuant to Use Permits No. 1346, 1417 and its amendments; and Use Permit No. 3072 and has not proven detrimental to the area in the last several years (according to the Police Department Memorandum Attachment PC 7). B -3. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The restaurant is generally oriented toward East Coast Highway (main restaurant and new take -out deli entrances) and the parking lot at the rear as situated are shielded from the residential uses south of the property by a two story commercial building located at the southeasterly corner of Carnation Avenue and Fourth Avenue. B -4. The use of live entertainment is limited to an unamplified piano and one microphone to amplify a single human voice; and dancing is prohibited on the premises. B -5. 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. B -6. 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. B -7 If not currently provided on site, the applicant is required to install a grease interceptor; obtain Health Department approval prior to opening the expanded area for business, and comply with the California Building Code to ensure the safety and welfare of customers and employees within the establishment. B -8. The proposed project and requested discretionary application is consistent with relevant General Plan policies. Finding: C. That the proposed use will comply with the provisions of this code, including any specific conditions required for the proposed use in the district in which it would be located. Planning Commission Resolution No. 1824 Paae 5 of 12 Facts in Support of Finding: C -1. Full service restaurant restaurants are a permitted use in the RSC (Retail and Service Commercial) Zoning District, subject to approval of a use permit. The project expansion of the existing restaurant conforms to the development standards of the Zoning Code. C -2. The project has been reviewed and conditioned 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 restaurant and adjacent properties during business hours if directly related to the patrons of the restaurant use and has accepted additional conditions of approval on the use of live entertainment. C -3. The project has been reviewed and conditioned to ensure that the purpose and intent of Chapter 20.89 (Alcoholic Beverage Outlet) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is limited to the existing licensed premises and not extended into the take- out deli expansion area. 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves the amendment to Use Permit No. 3072 (approved as PA2010 -121, UP2010 -025). 2. This action shall become final and effective fo urteen 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. PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF OCTOBER, 2010. AYES: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Toerge, and Hillgren NOES: None. Earl McDaniel, Chairman f BY: � Mic el rge, S cretary Planning Commission Resolution No. 1824 Paqe 6 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) Project Specific Conditions 1. The development shall be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. This approval as an amendment to Use Permit No. 3072 (PA2010 -121, as UP2010 -025) shall expire unless exercised within 24 months from the effective date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. This approval is for the establishment of the expanded restaurant facility previously authorized by Use Permit No. 3072 (Renumbered as PA2010 -121, as UP2010 -025), with the principal purpose being the sale or serving of food and beverages with sale and serving of alcoholic beverages as an amenity to the food use. The expanded deli/take -out area shall be limited to retail /take -out sales only, any conversion of that area to provide additional restaurant patron dining /seating shall require the prior approval of an amendment to this use permit by the Planning Commission, except that bench seating and alcoholic beverage services for patrons waiting to be seated in the restaurant is authorized with that area. 3A. The restaurant operator shall purchase municipal "annual parking permits" for all employees of the restaurant; and the employees are required and shall be directed by the restaurant operator to park in the municipal parking lot located at the corner of Dahlia Avenue and Fourth Avenue during all times they are working in the restaurant. 3B. This use permit shall be subject to review by the Planning Commission one year after implementation of the changes in the operation and issuance and completion of construction for the expansion authorized by this approval (unless otherwise determined by the Planning Director), at a regularly scheduled hearing and subject to use permit public notice requirements. 4. All previous use permit approvals, including Use Permits 1346, 1417 and its amendments, and use permit 3072 are rendered null and void by adoption and acceptance of this approval; and exercise of the conditions of approval or issuance of building permits and completion of the construction authorized by this approval for the physical changes to the building. Planning Commission Resolution No. 1824 Paqe 7 of 12 5. Hours of operation of the restaurant shall be limited to between the hours reflected below. 6. That the off - street parking requirement (total waiver of 30 spaces) to provide additional parking off -site is waived on the basis that additional parking is available in the vicinity, on street and in the nearby municipal parking lot (Dahlia Avenue Parking Lot) located at the corner of Fourth Avenue and Dahlia Avenue (31 metered parking spaces and one unmetered handicap parking space), and the requirement to purchase municipal annual parking permits for the employees of the restaurant and direction to park in the nearby municipal parking lot. 7. A total of 18 parking spaces shall be maintained on the on -site parking lot located at 2515 East Coast Highway and shall remain available on a first -come, first - served basis by all tenants of the subject property, including the restaurant use. 8. Valet parking service may be provided on as- needed basis during the evening hours of operation and on weekends to accommodate special events and holiday peak use. 9. Prior to implementation or use of valet parking services, the applicant shall submit the properly prepared valet parking plans to the Public Works Department for review and approval by the City Traffic Engineer or his assignee /designee. 10. The parking lot shall be maintained free of litter. The operator shall provide for daily removal of trash, litter, and debris from the off -site parking lot and all abutting sidewalks within 20 feet. 11.A Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as incidental and accessory to the primary use of the facility as a restaurant, if required and deemed necessary by the Revenue Division. 12. Live entertainment provided for restaurant patrons shall remain an ancillary use intended to enhance the dining experience within the restaurant. Providing a dance floor or reconfiguring the tables and chairs to provide a dance /assembly area is prohibited. 13. The live entertainment use shall be permitted within the interior dining rooms only. Such activities shall be prohibited within the enclosed atrium dining room at the rear of the restaurant. Approved Hours of Operation Sunday thru 10 am to Midnight Thursda Friday and 10 am to 12:30 am Saturday 6. That the off - street parking requirement (total waiver of 30 spaces) to provide additional parking off -site is waived on the basis that additional parking is available in the vicinity, on street and in the nearby municipal parking lot (Dahlia Avenue Parking Lot) located at the corner of Fourth Avenue and Dahlia Avenue (31 metered parking spaces and one unmetered handicap parking space), and the requirement to purchase municipal annual parking permits for the employees of the restaurant and direction to park in the nearby municipal parking lot. 7. A total of 18 parking spaces shall be maintained on the on -site parking lot located at 2515 East Coast Highway and shall remain available on a first -come, first - served basis by all tenants of the subject property, including the restaurant use. 8. Valet parking service may be provided on as- needed basis during the evening hours of operation and on weekends to accommodate special events and holiday peak use. 9. Prior to implementation or use of valet parking services, the applicant shall submit the properly prepared valet parking plans to the Public Works Department for review and approval by the City Traffic Engineer or his assignee /designee. 10. The parking lot shall be maintained free of litter. The operator shall provide for daily removal of trash, litter, and debris from the off -site parking lot and all abutting sidewalks within 20 feet. 11.A Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as incidental and accessory to the primary use of the facility as a restaurant, if required and deemed necessary by the Revenue Division. 12. Live entertainment provided for restaurant patrons shall remain an ancillary use intended to enhance the dining experience within the restaurant. Providing a dance floor or reconfiguring the tables and chairs to provide a dance /assembly area is prohibited. 13. The live entertainment use shall be permitted within the interior dining rooms only. Such activities shall be prohibited within the enclosed atrium dining room at the rear of the restaurant. Planning Commission Resolution No. 1824 Paqe 8 of 12 14. Live entertainment shall be permitted within the restaurant up to 10:00 p.m., daily, unless an amendment to this use permit is approved in accordance with the Zoning Code requirements. 15. Live entertainment shall be limited to no more than two performers at any time, with an unamplified piano and /or including a single vocalist with one microphone for amplification of the human voice only. Disc jockeys or similar forms of entertainment shall not be allowed, unless an amendment to this use permit is first approved by the Planning Commission. 16. Dancing shall not be permitted on site at any time. 17. No outdoor speakers shall be permitted in conjunction with the existing or proposed expanded restaurant operation. 18. All exterior doors and windows of the facility shall be opened only as necessary to allow ingress and egress. The doors and windows of the enclosed atrium dining room shall remain closed during all time of the restaurant operation, except in the case of an emergency when it may be utilized for emergency egress. 19. Sound levels within the interior restaurant shall be no greater than that specified in Chapter 10.26 of the Newport Beach Municipal Code. To determine the maximum permissible interior sound levels and to develop a set of measures /improvements necessary to ensure compliance, the City, if deemed necessary by the Planning Director or his designee, shall retain (at the applicant's expense) the services of a qualified engineer specializing in noise /acoustics to monitor the sound generated by the restaurant facility when live entertainment is provided. The monitoring shall occur within 2 weeks of initially providing live entertainment. Any measures or improvements recommended by the engineer to ensure compliance shall be completed within 30 days of monitoring, unless an extension is granted by the Planning Director. 20. The applicant shall provide periodic employee /personnel supervision of the on -site eighteen space parking lot in the evenings between 10:00 p.m. and 15 minutes after closing, in sufficient number, to advise and assist patrons entering and leaving the area in a quiet manner, and to prevent loitering by restaurant patrons and employees after the close of business. 21. The applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 22. 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 this project including, but not limited to, the approval of the amendment to Use Permit No. UP2010 -025 (PA2010 -121); and /or the City's related California Environmental Quality Act determinations. This indemnification shall include, but not be limited to, Planning Commission Resolution No. 1824 Paqe 9 of 12 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. Standard City Conditions 23.The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 24. 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. 25. Prior to issuance of building permits, the applicant shall provide a covenant for review and approval by the Building Department and the Office of the City Attorney as to form and content, that will address the construction and opening proposed between the existing restaurant and the neighboring tenant space and that will cross an interior property line. Once approved and properly executed, that document shall be forwarded to the city officials for recordation against the property with the county recorder. 26. All exits shall remain free of obstructions and available for ingress and egress at all times. 27.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. 28.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. 29.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. 30.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. 31.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 that are clearly visible to the exterior shall constitute a violation of this condition. Planning Commission Resolution No. 1824 Paqe 10 of 12 32.This use permit approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 33.Food service from the regular menu must be available to patrons up to thirty (30) minutes before closing time. 34.No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 35.No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 36.The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 37.VIP passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order, or sale of drinks is prohibited. 38. 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. 39.The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 40.There shall be no on -site radio, television, 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. 41. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted on site. 42. Strict adherence to maximum occupancy limits is required. 43.Current occupancy loads shall be posted at all times and the applicant shall have an effective system to keep count of the number of occupants present at any given time, and provide that information to public safety personnel upon request. 44.The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the 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, or in response and confirmation to a complaint, that the site is excessively illuminated. Planning Commission Resolution No. 1824 Paqe 11 of 12 45.AII mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 46.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. 47. No outside paging system shall be utilized in conjunction with this establishment. 48.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. 49.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. 50.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). 51. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 52. 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. 53. 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. 54.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. 55.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. Planning Commission Resolution No. 1824 Paqe 12 of 12 56.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. 57.The construction plans must meet all applicable State Disabilities Access requirements. 58. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 59. Grease interceptors shall be installed, if not already provided, on all fixtures in the restaurant where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. Contact John Kinley or his successor, City Contractor, at (949) 888 -6536 for the correct sizing and type required for the grease interceptor. In accordance with the requirements of the Building Department. 60.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.