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HomeMy WebLinkAbout1938 - UP2013-016 FOR THE EXPANSION OF AN EXISTING NONCONFORMING BAR ESTABLISMENT AND REDUCTION OF OFFSTREET PARKING ... - 121 Mc Fadden PlRESOLUTION NO. 1938 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2013 -016 FOR THE EXPANSION OF AN EXISTING NONCONFORMING BAR ESTABLISHMENT AND REDUCTION OF OFF - STREET PARKING LOCATED AT 121 MC FADDEN PLACE (PA2013 -153) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Mario Marovic, with respect to property located at 121 Mc Fadden Place, and legally described as Lots 15 and 16 in Block 21 of Newport Beach, County of Orange, State of California, as per Map recorded in Book 3, Page 26 of Miscellaneous Maps, in the office of the County Recorder of said County requesting approval of a conditional use permit. 2. The applicant proposes a conditional use permit to remodel and expand an existing nonconforming bar into the abutting liquor store tenant space. The proposed expansion will include an interior dining area, a kitchen, restroom facilities, and an outdoor patio area. The proposed hours of operation are from 6:00 a.m. to 2:00 a.m. The project requires a waiver of required parking since no parking exists on site to serve the use. 3. The subject property is located within the Mixed -Use Water Related (MU -W2) Zoning District and the General Plan Land Use Element category is Mixed -Use Water Related (MU -W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Water Related (MU -W). 5. A public hearing was held on March 20, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, 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 QUALITYACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act (CEQA) Guidelines under Class 1 (Existing Facilities). 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, Planning Commission Resolution No. 1938 Page 2 of 13 mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed project is limited to interior improvements to convert a retail sales use to an eating and drinking establishment and involves no expansion in floor area. Further, there will be no significant traffic impacts associated with the change of use as the Average Daily Trips (ADT) generation for a liquor store /convenience market is greater than that of the proposed project. SECTION 3. REQUIRED FINDINGS In accordance with Section 20.48.030 (Alcohol Sales), the Planning Commission must make the following finding for approval of a new alcoholic beverage license: 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. Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an Operator License, will ensure compatibility with the surrounding uses and minimize alcohol related impacts. A -2. The subject property is located in an area with a variety of land uses including commercial, retail, residential, and coastal resources. The operational characteristics have been conditioned to maintain the compatibility of the proposed use with surrounding land uses. In accordance with Section 20.52.020.E (Use Permit, Required Findings) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: B -1. The General Plan land use designation for this site is MU -W2 (Mixed -Use Water Related). The MU -W2 designation applies to waterfront properties in which marine - related uses may be intermixed with general commercial, visitor - serving commercial, and residential dwelling units on the upper floors. The expanded eating and drinking establishment, which is the primary occupant of the subject property is consistent with this land use designation. Eating and drinking establishment uses can be expected to Tmplt: 03/08/11 Planning Commission Resolution No. 1938 Paqe 3 of 13 be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. B -2. Inasmuch as the proposed application will not result in an increase in the floor area ratio, the project is consistent with the Land Use Element development limitations. B -3. The proposed expansion is consistent with General Plan Land Use Policy LU6.8.2 (Component Districts) which emphasizes that McFadden Square should be utilized as one of the primary activity centers within the City. Adding food service to the existing eating and drinking establishment will diversify the use and provide an additional visitor - and local- serving convenience. B -4. Eating and drinking establishments are common in the vicinity along the Balboa Peninsula and are frequented by visitors and residents. The establishment is compatible with the land uses permitted within the surrounding neighborhood. The expanded establishment will improve and revitalize the existing building and the surrounding neighborhood. B -5. 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 the Zoning Code and the Municipal Code. Facts in Support of Finding: C -1. The site is located in the MU -W2 (Mixed -Use Water Related) Zoning District. The MU- W2 applies to waterfront properties in which marine - related uses may be intermixed with general commercial, visitor - serving commercial and residential dwelling units on the upper floors. Although a bar is not listed as a permitted or a conditionally permitted use within this district, the legal nonconforming use can be expanded subject to a conditional use permit pursuant to Zoning Code Section 20.38.050 (Nonconforming Uses). C -2. A bar has been operating at the subject property since the early 1900s. The proposed expansion will diversify the use by adding a kitchen, additional interior dining areas, and an outdoor patio area. C -3. The subject property does not provide on -site parking, but the proposed expansion is not anticipated to change the parking demand significantly. The McFadden Square area is adequately served by the two adjacent municipal lots throughout most of the year and the close proximity to multiple commercial uses and coastal resources will result in shared trips to the project site area. Tmplt 03/08/11 Planning Commission Resolution No. 1938 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 eating and drinking establishment will be restricted to the hours between 6:00 a.m. and 2:00 a.m., daily. The closing hour is compatible with other late night eating and drinking establishments in the area. The Police Department has reviewed the proposed expansion and is not concerned with the later closing hour. D -2. An eating and drinking establishment has been operated in this location without the benefit of a conditional use permit since the early 1900s. D -3. The floor plan provides a new interior dining area with improved restroom facilities, a kitchen area, and an outdoor patio area. Live entertainment and dancing are not proposed. The expanded area was previously occupied by a retail liquor store. D -4. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. Although the eating and drinking establishment is located approximately 10 feet from residential units across the alley to the northwest, the building is oriented toward Newport and West Balboa Boulevards away from the nearby mixed -use structures and the outdoor patio area will be contained by the hotel roof deck above and a 6- foot -1 -inch tall glass barrier. Activity from the establishment will be buffered from the residential uses across Newport and West Balboa Boulevards. The applicant is also required to control trash and litter around the subject property. D -5. The operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages, including an Operator License, will help ensure compatibility with the surrounding uses and minimize alcohol related impacts. The project has been conditioned to ensure the welfare of the surrounding community. D -6. The applicant is required to install a grease interceptor, provide a wash -out area that drains to the sewer line, 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. D -7. The subject property is located in a relatively dense area with multiple uses within a short distance of each other. The McFadden Square area is conducive to a significant amount of walk -in patrons. The area experiences parking shortages in the day time during the summer months, but parking is typically available during the rest of the year. Two municipal parking lots and on- street parking is available in the area to accommodate the proposed use in the off - season months. Tmplt: 03/08/11 Planning Commission Resolution No. 1938 Paqe 5 of 13 D -8. The proposed project is not expected to noticeably change the parking demand in the McFadden Square area. 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. Facts in Support of Finding: E -1. The project site is located within an existing commercial building and the tenant space is designed and developed for an eating and drinking establishment. The design, size, location, and operating characteristics of the use are compatible with the surrounding neighborhood, The existing tenant space on the subject property has historically been utilized by an eating and drinking establishment and liquor store. E -2. Adequate public and emergency vehicle access, public services, and utilities are provided to the subject property. Any additional utilities upgrades required for the change in occupancy will be required at plan check and have been included in the conditions of approval. 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. Finding: 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, 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. F -2. The expanded establishment will provide dining and entertainment as a public convenience to the surrounding neighborhood and visitors to the area. This will help to revitalize the project site and provide an economic opportunity for the property owner to update the retail tenant and service, which best serve the quality of life for the surrounding visitor- and local- serving community. Tmplt: 03/08/11 Planning Commission Resolution No. 1938 Paqe 6 of 13 F -3. The proposed use is located in a district which is subject to a captive market that results in shared trips, different peak periods for a variety of land uses, and a high level of pedestrian and bicycle activity. These characteristics reduce the demand of the expanded bar establishment and the number of parking spaces required to serve the proposed use. Adequate parking is provided in the nearby municipal lots in the off- season months and summer weekdays to accommodate the proposed use. F -4. The triangular outdoor patio area will be open on only one side facing eastward towards Newport and West Balboa Boulevards and will be delineated by a 6- foot -1- inch tall glass barrier to provide sound attenuation. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2013 -016, subject to the conditions set forth in Exhibit "A ", which is attached hereto and incorporated by reference, and concurrent with Conditional Use Permit No. UP2014 -005. 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 20TH DAY OF MARCH, 2014. AYES: Hillgren, Tucker, Kramer, Ameri, Brown, Lawler, Myers NOES: None ABSTAIN: None /G1Z.9�II��R.TiT:7 Tmplt: 03/08/11 Planning Commission Resolution No. 1938 1 *A :1 - Yd 92% CONDITIONS OF APPROVAL Planning Division 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. Conditional Use Permit No. UP2013 -016 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. 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 Conditional Use Permit. 5. This Conditional 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, expansion in area, or other modification to the approved plans, may require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 7. 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. 8. 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. 9. 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. 10. Prior to the issuance of a building permit, the applicant shall gain approval of a lot merger and said lot merger shall be recorded. 11. Prior to issuance of building permits, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only Tmplt: 03/08/11 Planning Commission Resolution No. 1938 Page 8 of 13 and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 12. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to restaurant use in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 13. The hours of operation for the eating and drinking establishment including the outdoor patio area shall be limited between 6:00 a.m. and 2:00 a.m., daily. 14. That the occupant load of the eating and drinking establishment shall not exceed 207 persons, including the outdoor patio area (158 persons interior and 49 persons outdoor patio). 15. 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 patio area. 16. The removal or relocation of pool tables, tables, chairs, stools, or other furniture to accommodate an area for dancing shall be prohibited. 17. The height of the boundary wall of the outdoor patio area shall be marked on the approved plans. Said boundary wall shall be a minimum height of six (6) feet. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all weather enclosure. 18. 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. 19. All proposed signs shall be in conformance with applicable provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 20. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. If outdoor lighting is proposed, the applicant shall submit a photometric survey as part of the plan check to verify illumination complies with the Zoning Code standards. 21. 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 Tmplt: 03108/11 Planning Commission Resolution No. 1938 Page 9 of 13 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. Pre - recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time period unless the ambient noise level is higher: 22. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. 23. 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. 24. 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). 25. 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. 26. 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 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 Tmplt 03/08/11 Between the hours of 7:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 7:00 a.m. interior exterior interior exterior Measured at the property line of commercially zoned property: N/A 65 dBA N/A 60 dBA Measured at the property line of residentially zoned property: N/A 60 dBA N/A 50 dBA Residential property: 45 dBA 55 dBA 40 dBA 50 dBA 22. That no outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with the facility. 23. 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. 24. 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). 25. 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. 26. 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 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 Tmplt 03/08/11 Planning Commission Resolution No. 1938 Paqe 10 of 13 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. 27. 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 Community Development Director, and may require an amendment to this Conditional Use Permit. 28. All doors and windows of the facility shall remain closed after 10:00 p.m. except for the ingress and egress of patrons and employees. 29. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the trash container on pick -up days. 30. 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 the Stag Bar and Grill CUP including, but not limited to, the Conditional Use Permit No. UP2013 -016. 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. 31. The compliance with this Conditional Use Permit shall be reviewed by the Planning Commission one year from the date the final certificate of occupancy is issued for the eating and drinking establishment. Police Department 32. The operator of the establishment shall secure and maintain an Operator License pursuant to Chapter 5.25 of the Municipal Code. 33. The Operator License required to be obtained pursuant to Chapter 5.25 of the Municipal Code, may be subject to additional and /or more restrictive conditions such as a security plan to regulate and control potential late -hour nuisances associated with the operation of the establishment. 34. A comprehensive security plan for the eating establishment shall be submitted for review and approval by the Newport Beach Police Department. The procedures Tmplt: 03/08/11 Planning Commission Resolution No. 1938 Paqe 11 of 13 included in the security plan shall be implemented and adhered to for the life of the Conditional Use Permit. 35. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 36. There shall be no live entertainment or dancing allowed on the premises. 37. 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. 38. 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. 39. There shall be no on -site radio, televisions, 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. 40. 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. 41. 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. 42. Strict adherence to maximum occupancy limits is required. Fire Department 43. Exit hardware for outdoor patio area shall comply with California Building Code Section 1008. Tmplt: 03/08/11 Planning Commission Resolution No. 1938 Page 12 of 13 44. Any room having an occupant load of 50 or more persons where fixed seats are not installed shall have the capacity of the room posted in a conspicuous place near the main exit from the room. 45. A fire suppression system will be required for cooking which involves the production of grease laden vapors. 46. Illuminated exit signs will be required. Emergency power shall be provided for a duration of not less than 90 minutes. Building Division 47. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. 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. The construction plans must meet all applicable State Disabilities Access requirements. Complete sets of drawings including architectural, electrical, mechanical, and plumbing plans shall be required at plan check. 48. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 49. 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. 50. If required, a grease interceptor shall be installed prior to the establishment opening for business to the satisfaction of the Building Division. 51. 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. 52. The applicant shall provide a Type I hood with a kitchen suppression system for cooking equipment. 53. Kitchen exhaust fans shall be installed /maintained in accordance with the California Mechanical Code. A permit from the South Coast Air Quality Management District shall be obtained for the control of smoke and odor. 54. Portable propane heaters shall be prohibited on the outdoor patio. Natural gas or electric heaters are allowed if installed per their listing and the California Electrical or Plumbing Code. Tmplt: 03/08/11 Planning Commission Resolution No. 1938 Paqe 13 of 13 55. 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. All exits shall remain free of obstructions and available for ingress and egress at all times. 56. The issuance of the final certificate of occupancy for the eating and drinking establishment shall be concurrent with the issuance of the final certificate of occupancy for the hotel approved by Planning Commission Resolution No, 1939. Tmpit: 03/08/11