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HomeMy WebLinkAbout1827 - APPROVE UP AND OD_3101 NEWPORT BLVDRESOLUTION NO. 1827 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2010 -017 AND ACCESSORY OUTDOOR DINING PERMIT NO. OD2010 -004 TO ALLOW A TAKE -OUT SERVICE EATING AND DRINKING ESTABLISHMENT WITH A TYPE 41 (ON -SALE BEER AND WINE, EATING PLACE) ALCOHOLIC BEVERAGE LICENSE AND AN OUTDOOR PATIO LOCATED AT 3101 NEWPORT BOULEVARD (PA2010 -096). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Chipotle Mexican Grill Inc., with respect to property located at 3101 Newport 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 use permit and accessory outdoor dining permit. 2. The applicant is proposing a take -out service eating and drinking establishment with a Type 41 (On Sale Beer and Wine, Eating Place) alcoholic beverage license and an outdoor patio. The gross floor area of the establishment is 1,700 square feet, the interior net public area will be 500 square feet, and the outdoor patio will be 336 square feet in area. The establishment will provide a maximum of 22 interior seats and 20 seats on the patio. Alcohol will only be served inside the establishment and will not be served on the outdoor patio. The hours of operation are from 11:00 a.m. to 10:00 p.m., daily. 3. The subject property is located within the RSC (Retail and Service Commercial) Sub - Area of the SP -6 (Cannery Village Specific Plan) Zoning District and the General Plan Land Use Element category is CN (Neighborhood Commercial). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is CN (Neighborhood Commercial). 5. A public hearing was held on October 7, 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. 1827 Page 2 of 15 6. A public hearing was held on December 9, 2010 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. The meeting was noticed from the October 7, 2010 Planning Commission meeting to a date certain. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures). 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. 2. The proposed project involves the establishment of a restaurant in an existing tenant space and the construction of a new outdoor patio. The proposed use is less than 2,500 square feet. Therefore, both the interior use and outdoor patio qualify for a categorical exemption under Class 3. SECTION 3. REQUIRED FINDINGS. 1. Use Permit Findings In accordance with Section 20.82.050.13 and Section 20.89.030 of the Zoning Code, the proposed take -out service eating and drinking establishment and the introduction of beer and wine service require findings to be made for approval of a new use permit. The following information is presented in support of the required 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 renovated shopping center will provide a variety of retail and service uses, which serve the surrounding residential community. The proposed project will provide a new tenant to the shopping center for the surrounding neighborhood. The new tenant mix for the shopping center allows the property owner to best serve the needs and quality of life for the surrounding community and visitors to the area. A -2. The project is located in the RSC (Retail and Service Commercial) land use area of the SP -6 (Cannery Village /McFadden Square Specific Plan) Zoning District, which is intended to provide for retail sales, personal and professional uses that offer direct services to the public and marine - related light industrial uses. This designation allows a wide range of uses and services Tmplt: 04/14110 Planning Commission Resolution No. 1827 Page 3 of 15 accommodating both residents and visitors, the boating industry, and will also provide continuity between districts and increase the potential for "shared sales" from pedestrians. The proposed eating and drinking establishment with accessory outdoor dining is consistent with land uses permitted by the RSC land use designation in the SP -6 Zoning District. Finding: B. That the proposed location of the use pen-nit 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. 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. A restaurant has been operated in this location since 1963 pursuant to Use Permit No. 989 and has not proven detrimental to the area. B -3. The operation of the restaurant and outdoor patio will be restricted to the hours between 11:00 a.m. and 10:00 p.m., daily. B -4. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The restaurant is oriented toward Newport Boulevard and the parking lot in a manner that shields the restaurant activity from the residential uses south of the shopping center and across 32 °d Street. B -5. No dancing or live entertainment will be provided on the premises. B -6. 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 -7. 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 ortavern. Tmplt: 04/14110 Planning Commission Resolution No. 1827 Page 4 of 15 B -8 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. B -9. The proposed project and requested discretionary applications are consistent with relevant General Plan policies. Findincr 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. Facts in Support of Finding_ C -1. Take -out service restaurants are a permitted use in the RSC (Retail and Service Commercial) Sub -Area of the SP -6 (Cannery Village Specific Plan) Zoning District, subject to approval of a use permit. The project 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 shopping center. 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 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. 2. Accessory Outdoor Dining In accordance with Section 20.82.050.13 of the Newport Beach Municipal Code, the following information is presented in support of the required Accessory Outdoor Dining findings: Finding: A. That the proposed outdoor dining is accessory to the Eating and Drinking Establishment. Tmpll: 0414/10 Planning Commission Resolution No. 1827 Page 5 of 15 Facts in Support of Finding: A -1. The establishment provides 336 square feet of outdoor dining area. The portion of this square footage (211 square feet) that exceeds the 25 percent allowance for parking purposes has been added to the calculation toward the 15 percent of maximum floor area permitted for eating and drinking establishments within the shopping center. A -2. The outdoor dining is accessory to the restaurant use, subject to the operational characteristics of the restaurant use, except as limited by this approval and is not an independent use. A -3. Alcohol will not be served or allowed on the outdoor patio. A -4. The project provides a railing to clearly identify the boundaries of the outdoor patio so that the Code Enforcement division can easily identify the limits of the outdoor dining area. Finding: B. The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. Facts in Support of Finding: B -1. The outdoor dining area, as conditioned, is compatible with the surrounding land uses. The limited hours of operation and the establishment's distance from residential land uses should alleviate potential noise from adversely impacting the nearby residential uses. The project does not include any noise generating activities outside of the facility (i.e., entertainment). The approval has been conditioned to prohibit these uses in the outdoor dining area. B -2. The hours of operation for the outdoor dining area will be the same as the interior of the establishment from 11:00 a.m. to 10:00 p.m., daily. B -3. The operation of the proposed development is anticipated to increase the outdoor noise level in the immediate vicinity. If use of the outdoor dining area results in noise complaints, the Planning Department may require the removal of all, or a portion of the outdoor seating or choose another remedy in accordance with the conditions of approval. B-4. The approval has also been conditioned to prohibit the use of a sound system, speakers, pre- recorded music, or paging of patrons in the outdoor dining area. Tmplt: 04/14/10 Planning Commission Resolution No. 1827 Page 6 of 15 B -5. The restrictions on the use of solid roof structures as applied to this approval are consistent with the intent and purpose of Section No. 20.82.050 (Accessory Outdoor Dining) of the Zoning Code. Finding: C. That the proposed accessory outdoor dining will not be located so as to result in reduction of existing parking spaces. Facts in Support of Finding: C -1. In accordance with the provisions of Chapter 20.82 of the Newport Beach Municipal Code, accessory outdoor dining requires no additional parking if it is less than 25 percent of the interior net public area. The additional 211 square feet of outdoor dining area has been deducted from the 15 percent gross floor area limitation for eating and drinking establishment uses. C -2. The required parking for the portion of the outdoor patio that exceeds 25 percent of the interior net public area has been waived by Amendment No. 1 to Use Permit No. UP2010 -002. C -3. The accessory outdoor dining is located at the side of the business adjacent to Newport Boulevard and does not result in a reduction of parking spaces. C-4. Adequate site distance has been provided for motorists to see bicycles and pedestrians in the vicinity while exiting onto Newport Boulevard. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2010 -017 and Outdoor Dining Permit No. OD2010 -004, 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. PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF DECEMBER, 2010. AYES: Eaton, Unsworth, Hawkins, McDaniel, Ameri, Toerge, and Hillgren NOES: None ABSTAIN: None Tmplt: 04/14/10 Planning Commission Resolution No. 1827 Page 7 of 15 ABSENT: BY: Earl McDaniel, Chairman BY: Mich rge; Secretary Tmpll: 04/14/10 Planning Commission Resolution No. 1827 Page 8 of 15 EXHIBIT "A" CONDITIONS OF APPROVAL (Project- specific conditions are in italics) Planning Department Conditions 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Use Permit No. UP2010 -017 and Outdoor Dining Permit No. 2010 -004 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. 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. 5. 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. 6. Any change in operational characteristics, 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. This Use Permit and Accessory Outdoor Dining 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. 8. 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. 9. A copy of this approval letter shall be incorporated into the Building Department and field sets of plans prior to issuance of the building permits. Tmplt: 04/14/10 Planning Commission Resolution No, 1827 Page 9 of 15 10. 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. 11. 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 Department. 12. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 13. The patio 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. 14. The hours of operation for the interior of the eating and drinking establishment and the outdoor patio are limited from 11:00 a.m. to 10:00 p.m., daily. All activities within the outdoor dining area, including cleanup activities, shall cease at the specified closing hour and no later. 15. 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. 16. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 17. 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. 18. Alcohol sales and consumption shall only be permitted in the interior of the establishment. Alcohol service is not permitted on the outdoor patio. 19. No "happy hour" type or 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. 20. The Use Permit is for the operation of an Eating and Drinking Establishment or restaurant and does not authorize the use or operation of a bar, tavem, cocktail lounge, nightclub or commercial recreational entertainment venue. Tmpit: 04/14/10 Planning Commission Resolution No. 1827 Page 10 of 15 21. The quarterly gross sales of alcoholic beverages shall not exceed 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 demand. 22. 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, including minimum drink orders or sale of drinks is prohibited. 23. 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. 24. 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. 25. Live entertainment and dancing shall be prohibited as a part of the regular operation of the establishment. 26. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 27. The approval is only for the establishment of a restaurant type facility as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use. 28. Full meal service shall be provided during all hours of operation. 29. Strict adherence to maximum occupancy limits is required. 30. The accessory outdoor dining shall be used only in conjunction with the related adjacent establishment. 31. The outdoor patio shall be limited to 336 square feet in area and provide seating for twenty persons maximum. 32. The seating and dining in the outdoor area shall be limited to dining table height (approximately 30 inches) and table surface area of 30 inches by 30 inches minimum. The use of elevated counters, tables, and barstools are prohibited in the outdoor dining area. Tmplt: 04/14/10 Planning Commission Resolution No. 1827 Page 11 of 15 33. Prior to issuance of building permits, plans for the outdoor dining /patio areas shall be reviewed and approved by the Planning Department. Final material, height, and location of the fence shall be subject to approval by the Building and Planning Department staff. 34. 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. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 35. The material and color of any awning or umbrella located on the outdoor dining /patio areas shall be subject to review and approval by the Planning Department. No form of advertisement shall be placed on an awning, umbrella or elsewhere in the outdoor patio dining areas. The outdoor patio dining areas, including any awning or umbrella, shall be maintained in a clean orderly condition at all times. 36. The installation of roof coverings 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. 37. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department shall require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints. The Planning Director may also curtail or reduce hours of operation and use of the outdoor dining area in response to noise complaints or loud and unreasonable noise generated by the outdoor dining use. 38. No background music shall be allowed on any of the outdoor patios, dining areas, lounges or waiting areas. 39. No amplified music, outside paging system, loudspeaker or other noise generating device are permitted in conjunction with the outdoor dining area. 40. The proprietor shall actively control any noise generated by the patrons of the facility. 41. 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: Tmpll: 04/14/10 Between the hours of 7:OOAM and 10:00PM Between the hours of 10:00PM and 7:OOAM 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 6OdBA 45dBA 50dBA Tmpll: 04/14/10 Planning Commission Resolution No. 1827 Page 12 of 15 Commercial Property I 6OdBA 42. 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. 43. 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. 44. 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. 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. 45. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specified by Title 20 by providing self - locking gates. 46. 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. 47: 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). 48. 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. 49. 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. 50. Prior to final of the building 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 Department for review. The building permit shall not be finaled and use cannot be implemented until that program is approved. The program Tmplt: 04/14/10 Planning Commission Resolution No. 1827 Page 13 of 15 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 Beach Municipal Code that includes issuance of a citation of violation and monetary fines. 51. 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. 52. All doors and windows of the entire facility shall remain closed at all times except for the ingress and egress of patrons and employees. The rear doors of the facility shall remain closed at all times. The use of the rear door shall be limited to deliveries and employee use only. Ingress and egress by patrons is prohibited unless there is an emergency. 53. All exits shall remain free of obstructions and available for ingress and egress at all times. 54. All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26 of the Municipal Code, Community Noise Control. 55. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and the provisions of Chapter 20.67 of the Newport Beach Municipal Code. 56. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted, either on -site or off -site, to advertise the proposed food establishment, unless specifically permitted in accordance with the Sign Ordinance of the Municipal Code. 57. 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. 58. 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. 59. 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 Tmplt: 04/14/10 Planning Commission Resolution No. 1827 Page 14 of 15 or indirectly) to City's approval of Chipotle Mexican Grill including, but not limited to, Use Permit No. UP2010 -017, Outdoor Dining Permit No. OD2010 -004 (PA2010 -096) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. 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., Building Department Conditions 60. 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. 61. A building permit is required to allow the change in use to an eating and drinking establishment. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 62. 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. 63. The construction plans must meet all applicable State Disabilities Access requirements. 64. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 65. A grease interceptor shall be installed prior to the establishment opening for business. Contact John Kinley, City Contractor, at (949) 888 -6536 for the correct sizing and type required for the grease interceptor. 66. A covered wash -out area (36 inches wide by 36 inches deep by 72 inches high) for refuse containers and kitchen equipment shall be provided and shall drain directly into the sewer system, unless otherwise approved by the Building Director, Planning Department, and Public Works Director in conjunction with the approval of an alternative drainage plan. The washout area shall be specifically shown on the construction drawings submitted for building permits. 67. 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. Tmplt: 04/14110 Planning Commission Resolution No. 1827 Page 15 of 15 Public Works Conditions 68. The proposed outdoor dining umbrellas and patio wall shall not encroach into the Newport Blvd. public right -of -way. 69. The proposed patio wall height and outdoor dining area shall meet the City's sight distance standard for pedestrian/bicyclists at the driveway approach on Newport Blvd. Walls or any obstructions that could restrict view within the Limited Use Area shall not be permitted. This also includes outdoor seating and tables. Refer to City Standard STD - 110 -L. 70. An approved encroachment permit is required for all work activities within the public right -of -way. 71. County Sanitation District fees shall be paid prior to the issuance of any building permits. Tmplt: 04114/10