HomeMy WebLinkAbout20210308_CDD Action LetterCOMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: Great Mex Curbside Pick-Up ETUP (PA2021-042)
Site Location
Applicant
Emergency Temporary Use Permit No. UP2021-008
703 East Balboa Boulevard
Hugo Cabrera
Property Owner City of Newport Beach (property owner of metered parking
spaces 17 and 18)
On March 8, 2021, the Community Development Director approved Emergency
Temporary Use Permit No. UP2021-008. This approval is based on the following findings
and subject to the following conditions.
I. SUMMARY OF PROPOSED OPERATION
An emergency temporary use permit to allow two “cubside pick-up” parking spaces with a
30-minute limit from 7:00 a.m. to 10:00 p.m. within the existing metered parallel parking
spaces located along East Balboa Boulevard. The parking spaces would be non-exclusive
and are intended to prioritize short-term parking for local businesses for the duration of the
local emergency due to COVID-19. Customers would continue to pay meter fees and
parking would be enforced randomly.
II. CEQA DETERMINATION
The proposed operation is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an
emergency), Section 15301 Class 1 (Existing Facilities), and Section 15303 Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions
necessary to prevent or mitigate an emergency. The Class 1 exemption includes the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use. The Class 3 exemption includes a
store, motel, office, restaurant, or similar structure not involving the use of significant
amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000
square feet in floor area in urbanized areas zoned for such use. The project includes adding
two non-exclusive curbside pick-up parking spaces in front of an existing restaurant and is
within the parameters noted for these exemptions and will not have a significant effect on
Great Mex Curbside Pick-Up ETUP (PA2021-042)
March 8, 2021
Page 2
Tmplt: 05/22/2020
the environment. There are no known exceptions listed in CEQA Guidelines Section
15300.2 that would invalidate the use of these exemptions.
III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case, the Community Development Director has found that the temporary use would
not create a hazard to the health, safety, or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit is temporary
and only valid during the emergency order established by Emergency Ordinance No.
2020-005;
2. The project, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19. The proposed operation is necessary to provide
adequate space to allow for appropriate social distancing;
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines;
4. The proposed operation has been reviewed by and is acceptable to the Building
Division, Fire & Life Safety Division, and the Public Works Department. Conditions of
Approval are included to help ensure this operation is not detrimental;
5. The proposed operation does not constitute an increase in the overall occupant load
beyond what the existing Use Permit and/or Certificate of Occupancy allow. The
authorized capacity of the establishment shall not be exceeded and all local public
health protocols shall be observed;
6. An adequate supply of parking is available to serve the subject business and
surrounding uses. This request is limited to City-owned and privately-owned parking
spaces, and/or parking stalls which are immediately adjacent to the commercial
business in areas that are already developed with ADA access improvements;
7. No more than 50 percent of the existing public parking spaces are used for temporary
commercial or religious use, unless there is alternate public parking available in the
immediate area;
8. The proposed operation does not extend any hours of operation beyond those
currently permitted for the businesses in the area;
9. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA);
Great Mex Curbside Pick-Up ETUP (PA2021-042)
March 8, 2021
Page 3
Tmplt: 05/22/2020
10. The proposed operation does not contain ESHA, wetlands, or sandy beach area;
11. The proposed development will not result in the erection of any permanent structures
valued at more than $25,000.
12. This action meets the criteria for a waiver of permitting requirements under Section
30611. Coastal Development Permit Waiver Request No. 4 obviates the need for
emergency Coastal Development Permits (CDP’s) or for any required follow-up
CDP’s that would normally be required after issuance of emergency CDP’s, so long
as the development conforms with that described in the California Coastal
Commission letter dated August 21, 2020 and City Council Emergency Ordinance
2020-005.
IV. CONDITIONS OF APPROVAL
1.Only that specifically described above and depicted in the attached site plan is
authorized, subject to the conditions set forth below. Any additional changes require
separate review and may necessitate separate authorization from the Director. The
curbside parking shall be in substantial conformance with the site plan and layout
provided in Attachment No. CD 2.
2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions
and any restrictions set forth in an applicable discretionary permit regulating uses,
nonconforming uses, development standards, parking and permit procedures that
regulate the use and development of private or public property operations are
suspended only to the extent that these provisions or restrictions set forth in a
discretionary permit conflict with the terms of this Emergency Temporary Use Permit.
3. The existing allowed hours of operation of the establishment shall not be extended.
The hours of operation of the area modified as part of this Emergency Temporary
Use Permit shall not extend beyond 10:00 p.m.
4. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
5. Establishments that provide food service, shall abide by the COVID-19 Industry
Guidance: Dine-In Restaurants provided by the California Department of Public
Health and Department of Industrial Health.
6. The permittee shall provide adequate trash receptacles within the permitted patio
shall and the operator shall provide for periodic and appropriate removal of trash,
litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet
of the premises.
Great Mex Curbside Pick-Up ETUP (PA2021-042)
March 8, 2021
Page 4
Tmplt: 05/22/2020
Revenue
7.The two parking spaces shall not be reserved for the exclusive use of Great Mex
patrons but are intended for customers of surrounding commercial businesses in
general. The parking meter shall be paid on a regular basis and enforcement will
be checked randomly.
Public Works
8.Meters 17 and 18 as shown on Attachment No. 2 shall be limited to 30 minutes
maximum during business hours only (7:00 a.m. to 10:00 p.m.).
9. City signage shall be posted on-site for the duration of this emergency temporary use
permit as authorized by a valid temporary street/sidewalk permit.
Building
10.All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
Fire
11.Fire lane(s) shall be identified on the plan.
12. Parking or other obstacles that interfere with emergency vehicles and personnel
shall not be permitted in fire lanes.
13. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
14. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
15. All building exits shall remain free and clear of any obstacles that would impede
exiting from a building or suite and accessing the nearest public right-of-way.
Miscellaneous
16. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
17. The Community Development Director may immediately revoke this permit if the
Director determines that there has been a violation of any condition of approval. Any
revocation of an Emergency Temporary Use permit shall be deemed effective upon
the posting of a notice of revocation at the site of the business granted the emergency
temporary permit.
Great Mex Curbside Pick-Up ETUP (PA2021-042)
March 8, 2021
Page 5
Tmplt: 05/22/2020
18. The Community Development Director may modify this Emergency Temporary Use
Permit. The Director shall notify the applicant of any proposed modification and a
decision to modify this permit shall be deemed effective upon the posting of a notice
of modification at the site of the business granted the emergency temporary use
permit
19. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed.
20. Upon termination or repeal of Emergency Ordinance No. 2020-005, the Applicant
shall immediately work to remove the temporary improvements in a timely manner
and shall restore the expanded area back to its original use and improvements.
21. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of this
Emergency Temporary Use Permit for Great Mex Curbside Pick-Up. 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.
V. APPEAL
This decision may be appealed by the applicant/permittee to the City Manager by notifying
the City Manager of the appeal within three (3) calendar days of the decision. The City
Manager shall have authority to sustain, reverse or modify the decision of the Community
Development Director and the City Manager's decision shall be final.
On behalf of Seimone Jurjis, Community Development Director.
Senior Planner, AICP
Attachments: CD 1 Filed Application
CD 2 Site Plan Layout
Great Mex Curbside Pick-Up ETUP (PA2021-042)
March 8, 2021
Page 6
Tmplt: 05/22/2020
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
findings, and conditions of approval. This is an approved and executed permit and it
constitutes a contract between the City and Permittee for all purposes.
Insert applicant name and title
Signature Date
Attachment No. CD 1
Filed Application
%##+$ */ ,"%&#$* &(*#$*
"$$ $ (# * &&" * %$
1=1+-6;-991=-
->879;-)+0)41.7961)
6->879;*-)+0+)/7=+755<61;@,-=-4785-6;
''+6*4+4',);)'#:-9:''!0)9-,',516' 4)6616/(1=1:176'8841+);176:'7=1, )8841+);176<8,);-' 4)6616/ -951;8841+);1767=1, ,7+? -=
!(# *)'+)*
8897=)41676+-8;
7; -9/-9!;)..8897=)4
7):;)4-=-4785-6; -951;151;-,"-95 -951;"9)+; )8
%)1=-9.79- 16151:-=-4785-6;!-):76)4,)@,)@:"9)..1+!;<,@
7):;)4 -:1,-6;1)4-=-4785-6; 7,1.1+);176 -951;#:- -951; 167976,1;176)4
76,75161<576=-9:176 ..!1;- )9316//9--5-6; 5-6,5-6;;7-?1:;16/#:- -951;
7589-0-6:1=-!1/6 97/9)5 4)66-,755<61;@-=-4785-6; 4)65-9/-6+@"-58#:- -951;
-=-4785-6;/9--5-6; 4)66-,-=-4785-6; -951;$)91)6+-
-=-4785-6; 4)6!1;--=-4785-6; -=1-> )279 16795-6,5-6;7,-
7;16-,2<:;5-6; )9+-4 )8 ;0-9
(% * ())) ))))%(0)("%)
(% * )( &* %$$+)* * %$ ** * %$") *) $))(/
&&" $*
%#&$/#
" $ ())+ *$ *
*/** &
%$
. # "
%$**
%#&$/#
" $ ())+ *$ *
*/** &
%$
. # "
(%&(*/-$(#
" $ ())+ *$ *
*/** &
%$
. # "
(%&(*/-$(0) , *%-
,-87:-)6,:)@;0);)5>-)9-;0-7>6-9:7.;0-8978-9;@1-:16=74=-,16;01:)8841+);176%-.<9;0-9
+-9;1.@<6,-98-6)4;@7.8-92<9@;0);;0-.79-/716/:;);-5-6;:)6,)6:>-9:0-9-16+76;)16-,)6,;0-16.795);176
0-9->1;0:<*51;;-,)9-16)449-:8-+;:;9<-)6,+799-+;;7;0-*-:;7.5@7<9367>4-,/-)6,*-41-.
!1/6);<9-:(((((((((((((((((((((((((((((((("1;4-);-
&
!1/6);<9-:(((((((((((((((((((((((((((((((("1;4-);-
)@*-:1/6-,*@;0-4-::--79*@)6)<;0791A-,)/-6;1.>91;;-6)<;0791A);176.975;0-7>6-97.9-+79,1:.14-,+76+<99-6;4@>1;0;0-
)8841+);176 4-):-67;-;0-7>6-9:B:1/6);<9-.79 )9+-4"9)+; )8)6,7;16-,2<:;5-6;8841+);1765<:;*-67;)91A-,
Ca
Curveside
(714)227-1462
703 E. Balboa Blvd.
703 E. Balboa Blvd.
703 E. Balboa Blvd.
Juvenal Alonzo
(949)675-0808
Newport Beach
Two
Manager
92661
hugocabrera1970@gmail.com
Ca
Ca
703 E. Balboa Blvd.
Hugo Cabrera
3-3-21
Juvenal Alonzo
hugocabrera1970@gmail.com
3-3-21
hugocabrera1970@gmail.com
Newport Beach
92661Newport Beach
(949)675-0808
Parking spots
Great Mex Grill
Owner
Attachment No. CD 2
Site Plan/Layout
Great Mex Curbside Parking ETUP (PA2021-042)
703 E. Balboa Boulevard
Two Curbside Parking Spaces g
(Meters 17 and 18)
Great Mex