HomeMy WebLinkAbout04_The Quiet Woman Restaurant Limited Term Permit_PA2021-230 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT November 10, 2021 Agenda Item No. 4 SUBJECT: The Quiet Woman Restaurant (PA2021-230)
Limited Term Permit No. XP2021-032 SITE LOCATION: 3224 East Coast Highway APPLICANT: The Quiet Woman Restaurant OWNER: Scott Burnham PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: CC (Corridor Commercial)
• Zoning District: CC (Commercial Corridor) PROJECT SUMMARY
The applicant proposes an approximately 478-square-foot (500-square-foot-maximum)
outdoor dining area for up to a one-year term. A larger outdoor dining area (approximately 2,000 square feet) was previously authorized through Emergency Temporary Use Permit No. UP2020-113 (PA2020-204) for The Quiet Woman Restaurant. The outdoor dining area
will be relocated and will only occupy one parking space where previously it occupied seven
parking spaces. RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit No. XP2021-032 (Attachment No. ZA 1).
1
The Quiet Woman Restaurant (PA2021-230) Zoning Administrator, November 10, 2021 Page 2
Tmplt: 05/27/20
DISCUSSION
• The applicant proposes to maintain a modified outdoor dining area for up to a one-year term that was previously authorized through Emergency Temporary Use Permit
No. UP2020-113 (PA2020-204) for the Quiet Woman Restaurant. The modified
dining area will be approximately 478-square-foot (maximum 500 square feet) and utilize one parking space. The dining area will be on a handicap accessible deck surface (trex) that is conditioned to require a building permit.
• There is no tent or covered area proposed. Umbrellas may be used and if the applicant decides to come in with an overhead structure it will require a building permit must comply with the Fire Department conditions of approval regarding covered areas.
• There are 16 parking spaces provided on-site including one handicap stall. The proposed patio deck area will take up a maximum one parking stall leaving 15 parking spaces.
• The City is also undergoing an analysis of parking rates including rates related to food service and outdoor dining. Findings and recommendations of this study are anticipated by December, 2021, and may inform a future conditional use permit
amendment for outdoor dining areas. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures), 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.
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 proposed scope of work is a maximum 478-square-foot expanded outdoor dining patio at an existing restaurant for a one-year limited term and qualifies under the parameters of the Class 1 and Class 3 exemptions. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions.
2
The Quiet Woman Restaurant (PA2021-230) Zoning Administrator, November 10, 2021 Page 3
Tmplt: 05/27/20
PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MS/msw Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Emergency Temporary Use Permit Action Letter ZA 4 SCE Clearance Decal Examples
ZA 4 Project Plans
3
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2021-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LIMITED TERM PERMIT NO. XP2021-032 TO ALLOW TEMPORARY OUTDOOR DINING AREA LOCATED AT 3224 EAST COAST HIGHWAY (PA2021-230)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Lynne Anthony Campbell, owner of The Quiet Woman
Restaurant, a property located at 3224 East Coast Highway, and legally described as Lot 4 in Tract 01045, requesting approval of a limited term permit. 2. The applicant proposes approximately 478-square-foot (500-square-foot-maximum)
outdoor dining area for up to a one (1)-year term that was previously authorized through
Emergency Temporary Use Permit No. UP2020-113 (PA2020-204) for The Quiet Woman Restaurant. The outdoor dining area will be relocated and will only occupy one (1) parking space where previously it occupied seven (7) parking spaces and approximately 2,000 square feet.
3. The subject property is designated CC (Corridor Commercial) by the General Plan Land Use Element and is located within the CC (Commercial Corridor) Zoning District. 4. The subject property is not located within the coastal zone.
5. A public hearing was held on November 10, 2021, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). 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 15303 under Class 3 (New
Construction or Conversion of Small Structures) 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 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
5
Zoning Administrator Resolution No. ZA2021-### Page 2 of 10
09-30-21
such use. The proposed scope of work is a maximum 500-square-foot outdoor dining patio at an existing restaurant for up to a one (1)-year limited term and qualifies under the
parameters of the Class 1 and Class 3 exemptions.
3. 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.
In accordance with Section 20.52.040.G (Limited Term Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
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
requested limited duration use;
Facts in Support of Finding: 1. The limited term permit will allow an outdoor dining patio for up to a one (1)-year term while
the City reconsiders its parking requirements related to food service uses. The existing
food service use is authorized through Use Permit No. UP1097. 2. The outdoor dining area has not posed a hazard to the general welfare of persons residing in the area since it was placed during the COVID-19 pandemic in 2020 through an
Emergency Temporary Use Permit No. UP2020-041 (PA2020-115). The revised outdoor
dining area will be greatly reduced in size. The operation of the expanded dining area is limited to up to a one (1)-year term, and has been reviewed and conditioned to preclude any detriment to the general welfare of the area.
3. Outdoor dining areas are common along the commercial corridor in Corona del Mar (CdM),
have been used at the subject property during similar hours in the past, and the use has not proven detrimental. The existing hours of operation for the interior of the restaurant are limited until 2 a.m., daily. As conditioned, the temporary outdoor dining area will close by 10:30 p.m., daily.
4. The proposed operation is conditioned to be accessible to all persons, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
6
Zoning Administrator Resolution No. ZA2021-### Page 3 of 10
09-30-21
5. 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. 6. The permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements.
7. The overall plan includes appropriate delineation of outdoor use spaces with temporary physical barriers or markers. Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding: 1. The subject lot is approximately 0.08 acres in size and is relatively flat. The existing food service use has operated since its original approval in 1965. Based upon the site plan, there is adequate area to accommodate the temporary outdoor dining area without
impacting pedestrian circulation and parking. The proposed outdoor area will only use one
(1) parking space. 2. The lot frontage is on East Coast Highway and the use is within a shared building with other commercial uses. The existing food service use has existed at this site since 1965.
The expanded outdoor dining use will not impede use and enjoyment of the properties in
the area and will instead add to the ambiance and character of the Corona del Mar area. 3. The expanded dining area will not impede any parking spaces. No traffic or site circulation issues are anticipated.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use
+would or could reasonably be expected to generate;
Facts in Support of Finding: 1. The subject lot is accessed from the alley and parking is provided adjacent the alley.
2. The temporary outdoor dining will use one (1) parking space. It will have substantial barriers to protect the area from the drive aisles and parking areas and will not encroach into the drive-aisles.
7
Zoning Administrator Resolution No. ZA2021-### Page 4 of 10
09-30-21
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on-site or at alternate locations acceptable to the Zoning
Administrator; and Fact in Support of Finding:
1. The temporary outdoor dining will use one (1) parking space with appropriate delineation and temporary substantial physical barricades. Sufficient parking remains available to serve all uses on the property.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use designation and Zoning designation for this site is CC (Commercial Corridor). The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and
designed to foster pedestrian activity. The temporary outdoor dining use is accessory to
the existing food service use with outdoor dining, will be utilized for a limited duration on-site, and will contribute to the neighborhood serving use. 2. The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the Commercial Corridor in that
it provides amenities that support the visitors to the area and provides a social gathering place for those who live and work in the neighborhood, consistent with General Plan Land Use Element Goal LU2, below. Additional benefits from the proposed amendment include providing opportunities for the continuation of local businesses that generate sales tax and
provide opportunities for employment, which is consistent with General Plan Land Use
Element Policy LU 2.4 (Economic Development), also copied below: Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
visitors that enjoy the City’s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
enhance Newport Beach’s fiscal health and account for market demands, while
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
8
Zoning Administrator Resolution No. ZA2021-### Page 5 of 10
09-30-21
3. Council Policy D-9 recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy economy while preserving the unique commercial villages in Newport Beach. The proposed limited term permit would support a local business and economic prosperity while maintaining the unique character of the Corona del Mar.
4. The site is not located within a specific plan area. 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 15303 under Class 3 (New
Construction or Conversion of Small Structures) 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 Limited Term
Permit No. XP2021-032 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 following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF NOVEMBER, 2021.
____________________________ Jaime Murillo, Zoning Administrator
9
Zoning Administrator Resolution No. ZA2021-### Page 6 of 10
09-30-21
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
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. The approval of this Limited Term Permit and Coastal Development Permit shall be effective from January 1, 2022, to December 31, 2022. The applicant shall be required to cease all permitted operations and remove any temporary improvements made to the
outdoor spaces as part of this Limited Term Permit on or before December 31, 2022.
3. The expanded dining area shall not exceed 500 square feet.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of hours of operation of the temporary outdoor dining area as part of this approval
shall not extend beyond 10:30 p.m., daily.
5. There shall be no use of amplified sound.
6. The applicant shall install and maintain a physical barrier between any area used and
adjacent common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control. 7. The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the applicant. The establishment shall abide by all applicable regulations of the State Department of Alcoholic Beverage Control. 8. The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be
prohibited.
9. The establishment shall abide by all applicable Orange County Health Care Agency requirements.
10. 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. 11. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
10
Zoning Administrator Resolution No. ZA2021-### Page 7 of 10
09-30-21
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 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.
14. This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined 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.
15. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Limited Term Permit and Coastal Development Permit.
16. 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 Limited Term Permit No. XP2021-032 (PA2021-230) for The Quiet Woman Restaurant. 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 Division 17. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. A minimum 4-foot-wide accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite parking is provided.
d. At least one (1) accessible seating area shall be provided.
e. Detectable warnings are required when pedestrian paths cross or are adjacent to a vehicular way where no physical barrier are provided to separate the two (2).
11
Zoning Administrator Resolution No. ZA2021-### Page 8 of 10
09-30-21
18.All exiting paths shall be a minimum 48 inches free and clear. All public walks andsidewalks shall be a minimum 48 inches free and clear.
19.Provide not less than 5percent accessible seating at tables and counters with kneeclearance of at least 27” high, 30” wide, and 19” deep.
20.The tops of dining surfaces and work surfaces shall be 28” to 34” above the finish floor.
21.All exiting paths shall be a minimum 48 inches free and clear. All public walks andsidewalks shall be a minimum 48 inches free and clear.
22.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.
23.Accessible routes, including under canopy(ies) and other overhead improvements shallmaintain a minimum clear height of 80 inches.
24.All electrical distribution lines shall be in good working order and shall be protected from
pedestrian and vehicular traffic and shall accommodate accessibility.
Public Works Department
25.A substantial barricade (k-rail, water-filled barrier or other barrier, approved by the Public
Works Department) shall be provided between the proposed outdoor dining area within
the parking spaces and the alley. This barrier shall also be provided between the outdoor
dining and any parking drive aisles and parking stalls.
26.The dining area and substantial barricades shall not encroach into the existing drive aisle
or alley right of way.
27.There shall be a minimum of 5 feet of space around all overhead facilities, such aspoles, and 15 feet of space around all underground facilities, such as vault lids,
manholes, vent pipes, pad-mounted transformers, etc.
28.Seating or structures below overhead conductors and/or under the ‘drip line’ shall beprohibited.
29.Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
30.Expanded outdoor dining areas shall adhere to the SCE Clearance Decal examplesprovided
12
Zoning Administrator Resolution No. ZA2021-### Page 9 of 10
09-30-21
Fire Department
31. Fire lane(s) shall be identified on the plan.
32. Parking, displays, seating or other obstacles that interfere with emergency vehicles and personnel shall not be permitted in fire lanes.
33. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided that the driver remains inside the vehicle and the vehicle is ready to move immediately upon orders from emergency personnel. 34. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three (3)-foot clearance in all directions. 35. Fire Department devices shall not be covered, blocked or otherwise hidden from plain view.
36. HEAT LAMPS or other heating elements SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS IN ACCORDANCE WITH CODE SECTION 3107.12 OF THE CALIFORNIA FIRE CODE:
a. PROPANE AND OTHER FUEL-BASED HEATING ELEMENTS (INCLUDING
BUT NOT LIMITED TO FLAMMABLE/COMBUSTIBLE GAS, LIQUID, OR
SOLID MATERIALS) SHALL NOT BE USED WITHIN TENTS OR CANOPIES. b. ELECTRIC HEATERS MUST BE UL LISTED FOR USE WITHIN TENTS AND/OR CANOPIES. c. PROPANE AND OTHER FUEL-BASED Heating devices with blowers may be
permitted, with the heating element located a minimum of 10 feet from the edge
of the tent or canopy. d. All heating equipment installations shall be approved for the fire code official.
37. Covered outdoor dining areas (separate or consolidated) shall comply with the
following standards for tents larger than 400 square feet (2 or more walls) and/or
canopies larger than 700 square feet (no walls or one (1) wall):
• Post maximum occupant load.
• Do not exceed posted occupant load inside the tent or canopy.
• Visible and Mounted Fire Extinguishers with current service tags.
• No Smoking Signs shall be installed.
• Illuminated Exit Signs shall be installed.
• Emergency Lighting shall be provided.
• Exit doors are not to be blocked and are to remain accessible as exits while the
tent is occupied.
• All interior decorative fabrics or materials shall be flame resistant. Provide Certificates of Flame Resistance.
13
Zoning Administrator Resolution No. ZA2021-### Page 10 of 10
09-30-21
• If Propane is used, a permit is required: Cooking and heating equipment
shall not be located within 10 feet of exits or combustible materials.
• LPG containers shall be located outside and be adequately protected and secured, and a permit will be required. Open flame or other devices emitting flame, such as candles, are not permitted inside or within 20 feet of the tent, canopy, or temporary membrane structure.
• Tents and canopies shall have the State Fire Marshall tag indicating fire resistance.
• Tents and canopies shall be designed and installed to withstand the
elements of the weather and prevent collapsing through weights and ground anchorage.
14
Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Limited Term Permit No. XP2021-032
(PA2021-230)
3224 East Coast Highway
Subject Property
16
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
17
COMMUNITY 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: The Quiet Woman Restaurant ETUP Amendment No. 3
(PA2020-204)
▪Emergency Temporary Use Permit No. UP2020-113
Site Location 3224 and 3238 East Coast Highway
Applicant Lynne Anthony Campbell for The Quiet Woman Restaurant
Property Owner Scott Burnham, Burnham CdM
On July 30, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-113. This approval is based on the following findings and subject
to the following conditions.
I.SUMMARY OF PROPOSED OPERATION
The Applicant proposes to modify operations for the Quiet Woman to ensure the safety of
its employees and patrons. The third amendment includes:
a)Extending the permitted hours of operation to 10:30 p.m.
b)Installing a canopy above the rear alley outdoor dining area
This ETUP No. UP2020-113 will supersede the existing ETUP No. UP2020-070.
The previously approved improvements for The Quiet Woman Restaurant shall
be maintained:
a)Temporary outdoor dining area directly in front of the restaurant (approximately 120
square feet with seating for up to eight (8) patrons)
b)Temporary outdoor dining area in front of the adjoining tenant space (approximately
95 square feet with seating for up to six (6) patrons)
c)Temporary outdoor dining area within the existing parking area along the alley patio
(approximately 2,000 square feet with 14 tables for 61 persons maximum with a loss
of 7 parking spaces)
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
18
The Quiet Woman Restaurant ETUP Amendment No. 3 (PA2020-204)
July 30, 2020
Page 2
Tmplt: 05/22/2020
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 a 120-
square-foot, 95-square-foot, and 2,000-square-foot outdoor dining patio area expansion to
an existing restaurant and is within the parameters noted for these exemptions and will not
have a significant effect on 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;
6. The proposed operation does not extend any hours of operation beyond those
currently permitted by Use Permit No. 1097 (2 a.m. closing hour). As conditioned, the
temporarily expanded outdoor dining areas will close by 10:30 p.m., daily.
7. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
19
The Quiet Woman Restaurant ETUP Amendment No. 3 (PA2020-204)
July 30, 2020
Page 3
Tmplt: 05/22/2020
8. The expanded outdoor dining patio occupies seven parking spaces with appropriate
delineation and temporary substantial physical barricades. Sufficient parking remains
available to serve all uses on the property.
9. The overall plan includes appropriate delineation of outdoor use spaces with
temporary physical barriers or markers.
10. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
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
improvements shall be in substantial conformance with the site plan and seating
layout provided in Attachment No. CD 4.
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 requirements, and permit
procedures that regulate the use and development of private or public property
operations are suspended only to the extent that the these provisions or restrictions
set forth in a discretionary permit conflict with the terms of this Emergency Temporary
Use Permit.
3. This amendment shall supersede Emergency Temporary Use Permit No. UP2020-
070.
4. If the proposed operation is using any portion of the public right-of-way, the Applicant
shall obtain and maintain liability insurance for not less than $1,000,000 per
occurrence and as specified by the City’s Risk Manager. All liability insurance policies
shall specifically include the City, the City Council, its employees, and agents as
additional insureds and shall be issued by an agent or representative of an insurance
company licensed to do business in the State of California, which has one of the
three highest or best ratings from the Alfred M. Best company. All insurance policies
shall contain an endorsement obligating the insurance company to furnish the
Community Development Director with at least thirty (30) days written notice in
advance of the cancellation of the policy.
5. The existing allowed hours of operation of the establishment shall not be extended.
In no case shall the hours of operation of the area modified as part of this Emergency
Temporary Use Permit extend beyond 10:30 p.m.
6. The three outdoor dining patios shall not exceed 120 square feet (8 seats), 95 square
feet (6 seats), and 2,000 square feet (61 seats) respectively.
20
The Quiet Woman Restaurant ETUP Amendment No. 3 (PA2020-204)
July 30, 2020
Page 4
Tmplt: 05/22/2020
7. The use of amplified sound within the temporary area shall be prohibited.
8. The bar and seating shall be removed from the expanded seating plan as shown.
This area may be used as a service area only for employees. There shall be no
seating adjacent to this service area.
9. All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum distance of seven (7) feet. If this minimum separation is unable to
be provided, the Applicant shall provide a barrier between tables to ensure proper
social distancing is maintained. In the event no barrier is provided, the two tables
directly in front of The Quiet Woman Restaurant will be used for family parties of
six (6) or eight (8) patrons.
10. The applicant shall install and maintain a physical barrier (stanchion and rope
barriers) between any area at the front of the restaurant used and adjacent to
sidewalk or common walkway.
11. The applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or
consumption of alcohol is under the control of the applicant. The establishment shall
abide by all applicable regulations of the State Department of Alcoholic Beverage
Control.
12. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
13. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
14. 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.
15. 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.
Building
16. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. An accessible path to all functional areas shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite
parking is provided.
21
The Quiet Woman Restaurant ETUP Amendment No. 3 (PA2020-204)
July 30, 2020
Page 5
Tmplt: 05/22/2020
d. Detectable warnings are required when pedestrian paths cross or are adjacent
to a vehicular way where no physical barrier are provided to separate the two.
17. The existing accessible parking stall shall be relocated for access from the rear
alley. The relocated accessible parking stall shall be temporary only and shall be
removed and replaced in its original location immediately upon the expiration of
this emergency temporary use permit.
18. 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. A minimum width of 3 feet
shall be maintained for the walkway between the building and the canopy covering
the rear alley patio area.
19. Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide, and 19 inches deep.
20. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches
above the finish floor.
21. 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.
22. Accessible routes, including under canopy(ies) must maintain a minimum clear
height of 80 inches.
Fire
23. Covered outdoor dining areas (separate or consolidated) shall comply with the
following standards for tents larger than 400 square feet (2 or more walls) and/or
canopies larger than 700 square feet (no walls or one wall):
• Post maximum occupant load.
• Do not exceed posted occupant load inside the tent or canopy.
• Visible and Mounted Fire Extinguishers with current service tags.
• No Smoking Signs shall be installed.
• Illuminated Exit Signs shall be installed.
• Emergency Lighting shall be provided.
• Exit doors are not to be blocked and are to remain accessible as exits while
the tent is occupied.
• All interior decorative fabrics or materials shall be flame resistant.
Provide Certificates of Flame Resistance.
• If Propane is used, a permit is required: Cooking and heating
equipment shall not be located within 10 feet of exits or combustible
materials.
• LPG containers shall be located outside and be adequately protected
and secured, and a permit will be required. Open flame or other
22
The Quiet Woman Restaurant ETUP Amendment No. 3 (PA2020-204)
July 30, 2020
Page 6
Tmplt: 05/22/2020
devices emitting flame, such as candles, are not permitted inside or
within 20 feet of the tent, canopy, or temporary membrane structure.
• Tents and canopies shall have the State Fire Marshall tag indicating
fire resistance.
• Tents and canopies shall be designed and installed to withstand the
elements of the weather and prevent collapsing through weights and
ground anchorage.
24. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
25. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided
that the driver remains inside the vehicle and the vehicle is ready to move
immediately upon orders from emergency personnel.
26. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
27. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
28. 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.
Public Works
29. The outdoor dining areas along the sidewalk shall maintain a 4-foot clear walkway
clear between the public walkway and the City planters.
30. The Applicant shall remove all private planters in the public walkway unless reviewed
and approved by the Public Works Department.
31. A substantial barricade (k-rail, water-filled barrier or other barrier, approved by the
Public Works Department) shall be provided between the proposed outdoor dining
area within the parking spaces and the alley. This barrier shall also be provided
between the outdoor dining and any parking drive aisles and parking stalls.
32. The dining area and substantial barricades shall not encroach into the existing drive
aisle or alley right of way.
33. There shall be a minimum of 5 feet of space around all overhead facilities, such
as poles, and 15 feet of space around all underground facilities, such as vault
lids, manholes, vent pipes, pad-mounted transformers, etc.
34. Seating or structures below overhead conductors and/or under the ‘drip line’ shall
be prohibited.
23
The Quiet Woman Restaurant ETUP Amendment No. 3 (PA2020-204)
July 30, 2020
Page 7
Tmplt: 05/22/2020
35. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
36. Expanded outdoor dining areas shall adhere to the SCE Clearance Decal examples
provided in Attachment No. CD 3.
37. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
38. 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.
39. 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
40. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed.
41. 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.
42. 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 The Quiet Woman Restaurant. 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.
24
The Quiet Woman Restaurant ETUP Amendment No. 3 (PA2020-204)
July 30, 2020
Page 8
Tmplt: 05/22/2020
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.
MKN/jp
Attachments: CD 1 Filed Application and Insurance Affidavit
CD 2 Written Project Description
CD 3 SCE Clearance Decal Examples
CD 4 Site Plan and Floor Plan Layout
25
Attachment No. ZA 4
SCE Clearance Decal Examples
26
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
27
28
D5429
Tmplt: 05/27/20
Attachment No. ZA 5
Project Plans
30
31