HomeMy WebLinkAboutZA2021-025 - APPROVING LOT MERGER LM2021-002 AND STAFF APPROVAL SA2021-001 FOR A TENANT IMPROVEMENT OF THE EXISTING RESTAURANT LOCATED AT 3040 AND 3050 EAST COAST HIGHWAY (PA2021-009)RESOLUTION NO. ZA2021-025
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING LOT MERGER
LM2021-002 AND STAFF APPROVAL SA2021-001 FOR A
TENANT IMPROVEMENT OF THE EXISTING RESTAURANT
LOCATED AT 3040 AND 3050 EAST COAST HIGHWAY (PA2021-
009)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Chipotle Mexican Grill, with respect to properties located at
3040 and 3050 East Coast Highway and legally described as Lot 5 together with Lot 6 of
Block P of Tract No. 323 as filed in book 14, pages 40 and 41 of Miscellaneous Maps, in
the County of Orange recorder’s office.
2. The applicant proposes a lot merger and staff approval for a tenant improvement of the
existing restaurant space. The tenant improvements include entry modifications, an interior
and exterior façade remodel, new pick-up window, patio updates, and Americans with
Disabilities Act of 1990 (ADA) parking and access enhancements. The lot merger would
combine two (2) lots into a single parcel as a single building site.
3. The subject properties are designated Corridor Commercial (CC) by the General Plan
Land Use Element and is located within the Commercial Corridor (CC) Zoning District.
4. The subject property is not located within the coastal zone.
5. A public hearing was held online on May 13, 2021, observing restrictions due to the
Declaration of a State Emergency and Proclamation of Local Emergency related to
COVID-19. A notice of time, place and purpose of the hearing was given in accordance
with the Newport Beach Municipal Code. Evidence, both written and oral, was presented
to, and considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301, under Class 1 (Existing Facilities) and Section 15315, under Class 15
(Minor Land Divisions) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential to have a significant effect on the
environment.
2. The Class 1 exemption allows improvements to existing private structures including interior
or exterior alterations involving things such as interior partitions, plumbing, and electrical
conveyances. The proposed site and building improvements to the existing restaurant are
consistent with this exemption.
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3. Class 15 exemption includes the division of property in urbanized areas zoned for
residential, commercial, or industrial use into four (4) or fewer parcels when the division
is in conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcel to local standards are available,
the parcel was not involved in a division of a larger parcel within the previous two (2)
years, and the parcel does not have an average slope greater than 20 percent. This
exemption includes a minor lot merger not resulting in the creation of any new parcel
that complies with the conditions specified above.
4. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
LOT MERGER
In accordance with Section 19.68.030 (Lot Mergers) of the Newport Beach Municipal Code, the
following findings and facts in support of such findings are set forth:
Finding:
A. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons residing or
working in the neighborhood of such proposed use or be detrimental or injurious to property
and improvements in the neighborhood or the general welfare of the City, and further that
the proposed lot merger is consistent with the legislative intent of this title
Facts in Support of Finding:
1. The lot merger to combine two (2) existing lots by removing the interior lot line
between the lots will not result in the creation of additional parcels.
2. The project is in an area with an average slope of less than 20 percent. Maximum
slopes on the project site are a maximum of 15 percent.
3. The lot merger is consistent with the purpose and intent of Title 19 (Subdivisions).
4. The future development on the proposed parcel will be subject to the Zoning Code
development standards, which are intended to promote orderly development, protect
neighborhood character, and preserve public health, safety, and general welfare of
the City.
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Finding:
B. The lots to be merged are under common fee ownership at the time of the merger.
Fact in Support of Finding:
1. The two (2) lots to be merged are under common fee ownership and are conditioned
to remain under common fee ownership prior to recordation of the lot merger.
Finding:
C. The lots as merged will be consistent or will be more closely compatible with the applicable
zoning regulations and will be consistent with other regulations relating to the subject
property including, but not limited to, the General Plan and any applicable Coastal Plan or
Specific Plan.
Facts in Support of Finding:
1. The merged lots will retain the Commercial Corridor (CC) zoning designation,
consistent with the surrounding area. The CC Zoning District is intended to provide
for areas appropriate for a range of neighborhood-serving retail and service uses
along street frontages that are located and designed to foster pedestrian activity.
2. The Land Use Element of the General Plan designates the subject site as Corridor
Commercial (CC).
3. The subject property is not located within a Specific Plan area.
4. Section 20.20.030 (Commercial Zoning Districts General Development Standards)
of the Zoning Code establishes minimum lot area and width requirements. The
proposed merger would result in a 11,088-square-foot parcel that is in conformance
to the minimum 5,000-square-foot lot area standard of the Zoning Code. Additionally,
the proposed merger would result in a lot width of approximately 117 feet, meeting
the minimum 25-foot lot width, standard of the Zoning Code.
Finding:
D. Neither the lots as merged nor adjoining parcels will be deprived of legal access as a result
of the merger.
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Facts in Support of Finding:
1. No adjoining parcels will be deprived of legal access as a result of the merger. Legal
access is provided from East Coast Highway.
2. Currently, the site can be accessed from East Coast Highway and Jasmine Avenue.
Due to the site circulation upgrades, the site will provide one (1)-way access from
East Coast Highway with egress onto Jasmine Avenue.
3. That the design of the development will not conflict with any easements acquired by
the public at large for access through or use of property within the proposed
development.
Finding:
E. The lots as merged will be consistent with the surrounding pattern of development and will
not create an excessively large lot that is not compatible with the surrounding development.
Facts in Support of Finding:
1. Properties within the vicinity consist of varying shapes and sizes, including both
residential and commercial properties. Properties to the east and west fronting East
Coast Highway are zoned Commercial Corridor (CC) and consist of many
conforming and non-conforming lots sizes.
2. The proposed lot merger will not create an excessively large lot in comparison to
many of the existing lots in the area. There are many existing lots in the surrounding
neighborhood that are similar to the proposed lot area such as 3140 East Coast
Highway, which is approximately 12,977 square feet, 3101 East Coast Highway,
which is approximately 9,591 square feet and 2841 East Coast Highway, which is
approximately 13,150 square feet, among others.
3. Existing properties along East Coast Highway consist of varying widths. The lots
range from 25 feet to 344 feet wide. The depths of the lots approximately range from
62 feet to 346 feet. The proposed lot merger would result in a lot width of 117 feet
and a lot depth of 153 feet.
Finding:
F. The proposed division of land complies with requirements as to area, improvement and
design, flood water drainage control, appropriate improved public roads and property access,
sanitary disposal facilities, water supply availability, environmental protection, and other
applicable requirements of this title, the Zoning Code, the General Plan, and any applicable
Coastal Plan or Specific Plan.
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Facts in Support of Finding:
1. Approval of the proposed lot merger would remove the existing interior lot line and
allow the property to be used as a single site. The proposed lot would comply with
all design standards and improvements required for new subdivisions by Title 19,
General Plan, and Coastal Land Use Plan.
2. That public improvements will be required of the Applicant per the Municipal Code
and the Subdivision Map Act. Public Works requires that the existing street tree
within the East Coast Highway and Jasmine Avenue rights-of-way shall be protected
in place, reconstruction the driveway approach on Jasmine Avenue per City
Standard 160, and that the proposed parking layout shall comply with City Standard
805. Minor slope modifications may be permitted due to existing site conditions and
previous approvals.
3. The subject property is not subject located in a Specific Plan area.
STAFF APPROVAL
Pursuant to Section 20.54.070 (Changes to an Approved Project), the Community
Development Director may authorize minor changes to an approved site plan, architecture, or
the nature of the approved use without a public hearing, and waive the requirement for a new
use permit application. Pursuant to Section 20.50.30.B (Concurrent Processing), multiple
applications for the same project shall be processed concurrently, and shall be reviewed and
approved, modified, or denied by the highest review authority. In this case, the Zoning
Administrator is the higher review authority. This approval and waiver of a new use permit
application is based on the following findings and facts in support of the findings.
Finding:
G. The changes are consistent with all applicable provisions of this Zoning Code.
Facts in Support of Finding:
1. The project is located in the Commercial Corridor (CC) Zoning District. The
Commercial Corridor is intended to provide for areas appropriate for a range of
neighborhood-serving retail and service uses along street frontages that are located
and designed to foster pedestrian activity. The proposed restaurant is a commercial
use that serves visitors, residents, shoppers, and employees in the area, and the
restaurant and outdoor dining patio is consistent with the purpose of the Commercial
Corridor zone.
2. Eating and drinking establishments are allowed uses within Commercial Corridor
Zoning District. Pursuant to section 20.20.020 (Commercial Zoning Districts Land
Uses and Permit Requirements), the on-premise sale of alcohol in conjunction with
an eating and drinking establishment is subject to approval of a use permit. The
existing restaurant with alcohol service and outdoor dining patio is consistent with
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the Commercial Corridor Zoning District and the operational characteristics approved
under Use Permit No. UP1936 and Outdoor Dining Permit No. OD0027.
Finding:
H. The changes do not involve a feature of the project that was a basis for or subject of findings
or exemptions in a negative declaration or Environmental Impact Report for the project.
Facts in Support of Finding:
1. The previously approved Use Permit was determined to be categorically exempt
from the requirements of the California Environmental Quality Act under Class 1
(Existing Facilities), which exempts minor alterations to existing facilities involving
negligible expansion of use beyond that existing at the time of the lead agency’s
determination and Class 15 (Minor Land Divisions), which exempts the division of
property into four (4) or fewer parcels.
2. The tenant improvement qualifies for a Class 1 (Existing Facilities) categorical
exemption as the improvement is a minor alteration and addition to an existing facility
involving a negligible expansion of the authorized use. The lot merger qualifies for a
Class 15 (Minor Land Divisions), which includes a minor lot merger not resulting in the
creation of any new parcel that complies with the conditions specified above.
3. Refer to the full CEQA determination in Section 2 of this Resolution.
Finding:
I. The changes do not involve a feature of the project that was specifically addressed or was the
subject of a condition(s) of approval for the project or that was a specific consideration by the
applicable review authority in the project approval.
Facts in Support of Finding:
1. The proposed tenant improvements which include entry modification, an interior and
exterior façade remodel, new pick-up window, patio updates, and ADA parking and
access enhancements are not limited by an existing condition of approval for the
project.
2. The net public area and outdoor patio areas are consistent with the square footage
authorized in the original use permit and outdoor dining permit.
3. The parking spaces provided on-site is consistent with the use permit, less spaces
lost as a result of necessary ADA improvements in accordance with Section
20.40.110 (A) - (Adjustments to Off-Street Parking Requirements).
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4. The proposed take-out window will provide adequate queuing so that customers do
not spill into the public right-of-way.
Finding:
J. The changes do not result in an expansion or change in operational characteristics of the use.
Fact in Support of Finding:
1. The eating and drinking establishment use with alcohol sales will remain unchanged
as a result of the tenant improvement. The use will not change as the same
conditions of approval are applicable, including requirements and limitations on food
service and live entertainment. The hours of operation of from 6:00 a.m. to 12:00
midnight will be the same as previously approved under Use Permit No. UP1936.
The hours of operation of the outdoor dining area from 8:00 a.m. through 9:00 p.m.
will be the same as previously approved under Outdoor Dining Permit No. OD0027.
Therefore, the proposed changes do not result in an expansion or change in
operational characteristics of the use.
2. All employees of the restaurant facility shall park on-site at all times.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301, under Class 1 (Existing Facilities) and Section 15315, under Class 15 (Minor Land
Divisions) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because it has no potential to have a significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Lot Merger No.
LM2021-002 and Staff Approval No. SA2021-001, subject to the conditions set forth in
Exhibit “A,” which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days after the adoption of this Resolution
unless within such time an appeal or call for review is filed with the Director of
Community Development in accordance with the provisions of Title 19 (Subdivisions)
and Chapter 20.64 (Appeals), of the Newport Beach Municipal Code.
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PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF MAY, 2021.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
PLANNING
1. The map shall be submitted to the Public Works Department for Final Map Review and
Approval. All applicable fees shall be paid.
2. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
3. Prior to recordation of the lot merger, the two (2) lots shall be held entirely under one (1)
common fee ownership.
4. Lot Merger No. LM2021-002 shall expire unless exercised within twenty-four (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.
5. 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 Chipotle Mexican Grill including, but not limited to, Lot Merger No. LM2021-
002 and Staff Approval No. SA2021-001 (PA2021-009). 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.
6. All previous applicable conditions of approval of Use Permit No. UP1936, UP1936
Amendment, and Outdoor Dining Permit No. OD0027 shall remain in full force and effect.
7. The development shall be in substantial conformance with the approved site plan, floor
plan, and elevations stamped and dated with the date of this approval except as modified
by applicable conditions of approval.
8. All references to approved plans in prior conditions of approval shall hereby refer to the
approved plans stamped and dated with the date of this approval.
BUILDING
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9. All customers shall access the building from the public right of way.
10. Prior to issuance of building permits, the path of travel shall comply with the five (5)
percent maximum slope on private property and the maximum existing street slope
along the public sidewalk in the direction of travel and a two (2) percent maximum cross
slope.
11. Prior to issuance of building permits, the final design of the sidewalk along Jasmine
Avenue is subject to further review and approval from the Building Division if the Public
Works Department does not authorize the final design.
PUBLIC WORKS
12. Project shall install a new 36-inch box street tree within the Jasmine Avenue public right-
of-way. Tree type shall be consistent with City Council Policy G.
13. The existing street tree within the East Coast Highway and Jasmine Avenue rights-of-
way shall be protected in place.
14. The pavement markings shall be per the latest edition of the Caltrans Standard Plans
and the signage shall be per the latest edition of the California Manual on Uniform Traffic
Control Devices (CA MUTCD).
15. The driveway approach on Jasmine Avenue shall be reconstructed per City Standard
160.
16. The sidewalk along the Jasmine Avenue frontage shall be reconstructed per City
Standard 180. Final design of the sidewalk along Jasmine Avenue is subject to further
review and approval from the Public Works Department.
17. No structural improvements are permitted within East Coast Highway right-of-way,
Jasmine Avenue right-of-way and road easement area along East Coast Highway,
including but not limited to walls, footing, foundations, caissons, ramps, etc.
18. Prior to issuance of building permits, the proposed parking layout shall comply with City
Standard 805. Minor modifications due to parking on slopes and drive aisle slopes may
be permitted due to existing site conditions and previous approvals. Final approval for
building permits issuance shall be obtained from the City Traffic Engineer.
CONDITIONS FROM PREVIOUS APPROVALS FOR REFERENCE
Use Permit No. UP1936
1. The development shall be in substantial conformance with the approved plot plan and floor
plan. (No longer applicable)
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2. That the trash container located in the parking lot shall be relocated to a site that does not
obstruct a parking space and is not visible from adjacent residences or streets.
3. That the restaurant facility shall be limited to the hours from 6:00 a.m. to 12:00 midnight.
4. That employees of the restaurant facility shall park on-site at all times.
5. That the applicant shall utilize his best efforts in the next two (2) years to obtain the
dedication to the public of a 10’ radius corner at the corner of East Coast Highway and
Jasmine Avenue, at which time the use permit shall be reviewed by the Modifications
Committee.
Amendment to UP1936
1. That development shall be in substantial conformance with the approved plot plan and floor
plan, except as may be noted below. (No longer applicable)
2. That the existing temporary building be removed from the site within twenty-one (21) days
of the expiration date of the appeal period. (No longer applicable)
3. That a trash enclosure be constructed in accordance with the approved plan.
4. That the restaurant facility shall be limited to the hours from 6:00 a.m. to 12:00 midnight.
5. That employees of the restaurant facility shall park on-site at all times.
6. That the live entertainment shall be limited to two (2) persons at any one (1) time.
7. That there be no separate or additional amplification of the live entertainment other than
through the facility’s existing built-in system.
8. That the noise from the live entertainment be confined to the interior of the structure.
9. That all improvements be constructed as required by ordinance or the Public Works
Department.
10. That the leaseholder shall dedicate his interests in a ten-foot radius corner cutoff at the
corner of East Coast Highway and Jasmine Avenue, and that the dedications be completed
prior to implementations of the revised use permit.
11. That the applicant obtain an encroachment permit from CalTrans for the planter constructed
within the East Coast Highway Frontage. If a permit is not obtainable, the applicant shall
remove the planter.
12. That all mechanical equipment, outdoor storage and trash areas shall be screened from the
alley, adjoining properties, and streets.
13. That the rear parking area shall be repaved and striped in accordance with the attached
parking plan. (No longer applicable)
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14. That the service of alcoholic beverages shall be incidental to the primary food service
operations. No bar area shall be constructed without amending this use permit.
15. That the subject restaurant shall be operated in a manner compatible with the adjacent
residential district.
16. There shall be no trash pick-up or delivery of supplies or merchandise before 7:00 a.m.
17. That the Planning Commission may add/or modify Conditions of Approval to this use permit
upon a determination that the operation, which is the subject of this use permit, causes
injury, or is detrimental to the health, safety or welfare of the community.
18. That the proposed vending cart shall not be permitted.
19. No food or alcoholic beverages shall be served outside of the building at any time. The
service of non-alcoholic beverages shall be permitted only during daylight hours outside of
the building.
20. That no stage be constructed on the premises.
21. That an electrical permit be obtained and the parking lot lights be inspected. Said lights
shall shielded or adjusted so as to confine the illumination to the restaurant site.
Outdoor Dining Permit No. OD0027
1. That development shall be in substantial conformance with the approved plot plan and
floor plan, except as noted in the following conditions. (No longer applicable)
2. That the accessory outdoor dining shall be used in conjunction with the related adjacent
food establishment and shall be limited 150 ± square feet maximum (gross area), as
proposed (25 percent of the indoor net public are of 600 ± square feet), unless a use permit
is obtained from the Planning Commission.
3. That the area outside of the food establishment, including the public sidewalks, shall be
maintained in a clean and orderly manner and may be subject to providing steam cleaning
of the public sidewalks as required by the Public Works Department.
4. That the trash receptacles for patrons shall be conveniently located outside of the related
restaurant facility to serve the accessory outdoor dining area.
5. That no outside paging system shall be utilized in conjunction with this outdoor dining
establishment.
6. That the seating adjacent to the food use facility shall be limited to the area as delineated
on the approved site plan only. That the approved outdoor dining area shall be located on
a solid surface in accordance with the approved floor plan or seating plan. (No longer
applicable)
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7. That the tables and seats shall be permanently affixed or of unitized construction, no
freestanding tables shall be permitted, the specific number of table tops and seating shall
be consistent with the site plan approved by the Planning Department (10 units of Model
No. TF 3105 as depicted on the seating plan detail).
8. That this approval of Outdoor Dining Permit No. OD0027 is non-transferable by the
permittee or property owner; and should this business 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 owner or the leasing company, and that this approval
does not extend to future owners and that a new application must be approved by the
Planning Department. (No longer applicable)
9. That the Planning Division may add to or modify conditions of approval to this outdoor
dining permit, or revoke this approval upon a finding of failure to comply with the conditions
set forth in Chapter 20.72 of the municipal Code or other applicable conditions and
regulations governing the food establishment. The Planning Director may also recommend
to the Planning Commission or City Council the revocations of this permit upon a
detrimental to the health, safety, peace, morals, comfort, or general welfare of the
community.
Special Conditions of Outdoor Dining Permit No. OD0027
10. That the hours of operation of the outdoor dining area is limited to between the hours of
8:00 a.m. and 9:00 p.m., daily; and that any increase in the hours of operation shall be
subject to the approval of amendment to this application and may require an amendment
to Use Permit No. UP1936 and UP1936 (Amended).
11. That alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the
approval of an amendment to the use permit is first obtained and the subsequent approval
of the Police Department and Alcoholic Beverage Control Board. Any substantial physical
changes require (as determined by the Planning Department) to accommodate alcoholic
beverage service shall be subject to the approval of amendment to this Outdoor Dining
Permit.
12. That all applicable conditions of approval of Use Permit No. UP1936 and UP1936
(Amended) shall remain in force.
13. That should problems arise with regard to noise associated with the outdoor dining areas,
the Planning Division 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.
14. That should problems arise with regard to tables, chairs or stools encroaching into the
public right-of-way, private property pedestrian access or walkways, the Planning Division
shall require the removal of all or a portion of the outdoor dining area seating.
15. That the use of the rear door shall be limited to deliveries and employee use only, use by
costumers as an entry shall be prohibited.
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16. That deliveries shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily.
17. That use of the rear door shall be prohibited between the hours of 10:00 p.m. and 8:00
a.m., daily.
18. That for sunshade purposes, coverings shall maintain a minimum vertical clearance of 7
feet measured from the floor of the dining area to the lowest portion of the shade structure.
That the use of solid, permanent roof coverings or patio covers shall be prohibited, unless
of open beam construction or of a fabric type material, such as a retractable awning.