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;
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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.
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Planning Commission Resolution No. 1840
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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.
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Planning Commission Resolution No. 1840
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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.
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Planning Commission Resolution No. 1840
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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
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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.,
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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