HomeMy WebLinkAbout06_Bayside Restaurant Limited Term Permit and CDP_PA2021-198CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT November 10, 2021 Agenda Item No. 6
SUBJECT: Bayside Restaurant (PA2021-198)
Coastal Development Permit No. CD2021-044
Limited Term Permit No. XP2021-016 SITE LOCATION: 900 Bayside Drive
APPLICANT: Bayside Restaurant
OWNER: The Irvine Company
PLANNER: Patrick Achis, Assistant Planner 949-644-3237 or pachis@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: CN (Neighborhood Commerical)
•Zoning District: CN (Commercial Neighborhood)
•Coastal Land Use Plan Category: CN (Neighborhood Commerical) – (0.0 to 0.30 FAR)
•Coastal Zoning District: CN (Commercial Neighborhood)
PROJECT SUMMARY
A limited term permit and coastal development permit request to authorize a 1,000 square-foot expanded dining area previously authorized through Emergency Temporary Use Permit No. UP2020-048 (PA2020-127) for Bayside Restaurant for up to a one-year limited term.
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 under Class 15303 (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. XP2021-016 and Coastal Development Permit No. CD2021-044 (Attachment No. ZA 1).
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DISCUSSION
•A request for a limited term and coastal development permit to allow a 1,000-square-foot maximum expanded dining area for up to a one-year term (January 1, 2022
through December 31, 2022). An expanded dining area was previously authorized
through Emergency Temporary Use Permit No. UP2020-048 (PA2020-127) forBayside Restaurant for up to a one-year term.
•A surface parking area is provided on-site. The temporarily expanded dining areaoccupies a maximum of five (5) standard parking spaces. The existing food serviceuse, Bayside Restaurant, is located in a neighborhood commercial corridor. Sufficientparking is provided on-site and no traffic issues are anticipated with the continueduse of the expanded dining area. There are no active complaints regarding the
availability of parking on-site.
•This Emergency Temporary Use Permit and Emergency Coastal DevelopmentPermit does not extend the allowed hours and days of operation beyond those
currently permitted by any applicable City-issued discretionary permit.
•Development authorized by this permit is not located in any environmentallysensitive habitat area and public access to the coast will not be blocked. Coastal
access is increased by allowing commercial establishments to re-open allowing
public to once again visit the coastal areas.
•Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
•The City is also undergoing an analysis of parking rates including rates related tofood service and outdoor dining. Findings and recommendations of this study are
anticipated by December 2021 and may inform a future conditional use permitamendment for outdoor dining areas.
•The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) requires that the provision of public access bear areasonable relationship between the requirement and the project’s impact and beproportional to the impact. In this case, the project does not provide lateral andvertical coastal access. Therefore, the project does not involve a change in land use,
density or intensity that will result in increased demand on public access and
recreation opportunities. Furthermore, the project is designed and sited (appropriateheight, setbacks, etc.) so as not to block or impede existing public accessopportunities.
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• The project site is located adjacent to Bayside Drive, which is a coastal view road and Promontory Point, which is a Coastal Viewpoint, both identified in the Coastal Land Use Plan. Promontory Point is directly across the street of the site to the west. However, the temporarily expanded outdoor dining area is not within the viewshed of
this location. As currently developed, the existing commercial properties along
Bayside Drive are located within the viewshed of the site across Newport Bay. The expanded outdoor dining area complies with all applicable Local Coastal Program (LCP) development standards and maintains an area consistent with the existing neighborhood pattern of development. Additionally, the project does not contain any
unique features that could degrade the visual quality of the coastal zone. 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 550-square-foot expanded outdoor dining patio at an existing restaurant for a maximum of 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 the Class 3 Exemption. PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all residential
occupants and 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. Administrative procedures for appeals are provided in
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the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to appeal any final action on a coastal development permit to the Planning Commission. The project site is located within the appeal area of the coastal zone; therefore, final action by the City may be appealed to the California Coastal Commission. For additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
BMZ/pda Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decals ZA 5 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LIMITED TERM PERMIT NO. XP2021-016 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-044 TO ALLOW A TEMPORARILY EXPANDED OUTDOOR DINING AREA LOCATED AT 900 BAYSIDE DRIVE (PA2021-198)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bayside Restaurant (Applicant) with respect to property located at 900 Bayside Drive, and legally described as Parcel 2 of Resubdivision No. 337 requesting approval of a limited term permit and coastal development permit.
2. The Applicant proposes the continued use of a 1,000 square-foot expanded dining area
previously authorized through Emergency Temporary Use Permit No. UP2020-048 (PA2020-127) for Bayside Restaurant for up to a one (1)-year limited term. 3. The subject property is categorized Neighborhood Commercial (CN) by the General Plan
Land Use Element and is located within the Commercial Neighborhood (CN) Zoning
District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Neighborhood Commercial – (0.0 to 0.30 FAR) - (CN) and it is located within the
Commercial Neighborhood Coastal Zone District.
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
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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 1,000-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 the Class 3 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.
Limited Term Permit 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 the continued use of a temporarily extended outdoor dining patio for one (1)-year term while the City reconsiders its parking requirements related to food service uses (i.e., restaurants). The existing restaurant is authorized
through Use Permit Nos. UP3619 and UP1709 and includes 2,822 square feet of net public
area. 2. The expanded 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. The operation of the expanded dining area is
limited to up to a one (1)-year beginning January 1, 2022, through December 31, 2022, and has been reviewed and conditioned to preclude any detriment to the general welfare of the area.
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). 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
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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 ofAlcoholic Beverage Control (ABC) requirements.
7.The overall plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
8.The expanded dining area will not impede pedestrian coastal access since this is an inlandproperty adjacent to Bayside Drive.
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 thevicinity of the lot;
Facts in Support of Finding:
1.The subject lot is flat and approximately 1.12 acres in size. It is improved with a 7,950-square-foot restaurant and a 74-space surface parking lot. The existing restaurant with
outdoor dining has operated at the site since its original approval in 1974 (Use Permit No.
1709). Based upon the site plan, there is adequate area to accommodate the temporarily expanded dining area without impacting pedestrian circulation and coastal access.
2.The lot is bounded by multi-family residences to the north, Bayside Shopping center to the
east, Bayside Drive to the south, and Promontory Drive East to the west. The
temporarily expanded outdoor dining use will not impede use and enjoyment of the properties in the area and will instead add to the ambiance and quaint character of the neighborhood commercial area.
3.The temporarily expanded 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. The operation of the expanded dining area is limited to one (1) year beginning January 1, 2022 and has been reviewed and conditioned to preclude any detriment to the general welfare of the area.
4.The temporarily expanded dining area occupies (5) standard parking spaces and the existing van accessible space has been restriped elsewhere. 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 usewould or could reasonably be expected to generate;
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Facts in Support of Finding:
1. The subject lot is accessed from Bayside Drive. A surface parking area is provided on-site. The expanded dining area occupies no more than five (5) standard parking spaces. The existing restaurant is in a neighborhood commercial corridor area and proposes to operate all day and into the evening hours with peak hours when other retail and office uses on the
property are typically not operating. Sufficient parking is provided on-site, and no traffic
issues are anticipated with the continued use of the expanded dining area. 2. 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. 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 Facts in Support of Finding:
1. The existing restaurant with outdoor dining has operated at the subject property since 1974. The remaining existing on-site parking at the site is expected to accommodate the temporary use.
2. The temporarily expanded dining area does not impede pedestrian access to the
waterfront. 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 category for this site is Neighborhood Commercial (CN). The
CN category is intended to provide for a limited range of retail and service uses developed in one (1) or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. The expanded 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 not impede use of the site consistent with the CN category.
2. The site is located in the Commercial Neighborhood (CN) Zoning District. The CN designation is intended to provide for areas appropriate for a limited range of retail and service uses developed in one (1) or more distinct centers oriented to serve primarily the
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needs of and maintain compatibility with residential uses in the immediate area. The expanded 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 not impede use of the site
consistent with the CN designation. The CN zoning district allows temporary uses as specified within the Zoning Code and the proposed limited duration use is consistent with this designation.
3. The Limited Term Permit for continued use of temporarily expanded outdoor dining would
complement and be consistent with the other commercial uses permitted within the CN Zoning District in that it provides amenities that support 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 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)
4. 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 community. Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
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Facts in Support of Finding:
1. The project site is located adjacent to Bayside Drive, which is a coastal view road and
Promontory Point, which is a Coastal Viewpoint, both identified in the Coastal Land Use Plan. Promontory Point is directly across the street of the site to the west. However, the temporarily expanded outdoor dining area is not within the viewshed of this location. As currently developed, the existing commercial properties along Bayside Drive are located
within the viewshed of the site across Newport Bay. The expanded outdoor dining area
complies with all applicable Local Coastal Program (LCP) development standards and maintains an area consistent with the existing neighborhood pattern of development. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone.
2. The property is located in the coastal zone and the proposed temporary improvements
require a coastal development permit in accordance with Newport Beach Municipal Code (NBMC) Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit Requirements). The improvements constitute an increase of ten (10) percent or more of the internal floor area of an existing structure or a lesser improvement that has
previously been undertaken pursuant to California Public Resources Code Section
30610(a). The expanded outdoor dining area and barrier within the public walkway are minor detached structures. The location of these improvements does not pose a conflict to coastal resources, coastal access, or other adverse environmental effects.
3. Temporary improvements are complementary to the area; the subject restaurant and
adjacent neighbors have similar outdoor dining improvements within the walkways of Lido Marina Village.
4. The dining area barrier is installed within the existing walkway. The barrier delineates the area dedicated for outdoor dining use and alcohol service from the public walkway.
There are no existing City utilities within the expanded dining area.
5. Development authorized by this permit is not located in any environmentally sensitive habitat area and public access to the coast will not be blocked. Coastal access is increased by allowing commercial establishments to re-open allowing public to once again visit the coastal areas. The proposed operation does not contain Environmentally
Sensitive Habitat Area (ESHA), wetlands, or sandy beach area.
6. Development authorized is not located in an area in which the California Coastal Commission retains direct permit review authority.
7. The proposed development will not result in the erection of any permanent structures
valued at more than $25,000.
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Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone. Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline. Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation Impacts) requires that the provision of public access bear a reasonable relationship between the requirement and the project’s impact and be proportional to the impact. In
this case, the project does not provide lateral and vertical coastal access. Therefore, the
project does not involve a change in land use, density or intensity that will result in increased demand on public access and recreation opportunities. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities.
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. XP2021-016 and Coastal Development Permit No. CD2021-044, 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 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF NOVEMBER, 2021.
_____________________________________ Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. Only that specifically described above is authorized, subject to the conditions set forth
below. Any additional changes require separate review and may necessitate separate
authorization from the Director. 2. The approval of this Limited Term Permit and Coastal Development Permit shall be effective for up to a one (1)-year term 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 1,000 square feet in area.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
9 p.m.
5. There shall be no use of amplified sound.
6. The Applicant shall 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. 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.
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11. 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.
12. The Community Development Director or designee may inspect the modified area at any time during normal business hours.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval. 14. 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.
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. XP2021-016 and Coastal Development Permit No. CD2021-044 (PA2021-198) for Bayside 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).
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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.
Fire Department 19. Fire lane(s) shall be identified on the plan.
20. Parking, displays, seating or other obstacles that interfere with emergency vehicles and personnel shall not be permitted in fire lanes. 21. 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. 22. All Fire Department devices (fire hydrants, fire department connections, water valves, etc.) shall have a 3-foot clearance in all directions.
23. Fire Department devices shall not be covered, blocked or otherwise hidden from plain view. 24. 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.
25. 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. 26. Covered outdoor dining areas (separate or consolidated) shall comply with the following standards for tents larger than 400 square feet (two [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.
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• 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 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. Public Works Department
27. The Applicant shall install and maintain a substantial physical barrier (water-filled traffic barrier or K-rail between any area used and adjacent to any street, driveway, or parking area).
28. 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.
29. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited. 30. Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc.
31. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples provided in Attachment No. ZA 4.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit No. XP2021-016
Coastal Development Permit No. CD2021-044
(PA2021-198)
900 Bayside Drive
Subject Property
Subject Property
Temporary Outdoor Dining Area
Coastal Viewpoint
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Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
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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: Bayside Restaurant ETUP and ECDP (PA2020-127)
▪Emergency Temporary Use Permit No. UP2020-048
▪Emergency Coastal Development Permit No. CD2020-059
Site Location 900 Bayside Drive
Applicant Marc Ghoukassian of Bayside Restaurant
Property Owner Irvine Company
On July 2, 2020 the Community Development Director approved a revised operation under
Emergency Temporary Use Permit No. UP2020-048 and Emergency Coastal Development
Permit No. CD2020-059 for an existing restaurant at 900 Bayside Drive. 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 existing Bayside Restaurant to ensure
the safety of its employees and patrons, as depicted in attachment No. CD 2. The modified
operations are summarized as follows:
1.Temporary closure of a portion near the southwestern corner of the on-site parking
lot to allow for the placement of tables with seating for 68 patrons within an
approximately 2,500-square-foot area. All tables will be placed such that they are at
least seven (7) feet apart. The temporary area will be sited to ensure the disabled
access parking space will not be obstructed.
2.Temporary loss of five (5) parking spaces and a small valet parking area.
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 under Class 1 (Existing Facilities) and Section
15303 under Class 3 (New Construction or Conversion of Small Structures),
respectively, 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. 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
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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 permitted project meets
these criteria and 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 and Emergency
Coastal Development 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.
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 permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
5. The overall plan includes appropriate delineation of outdoor use spaces with
temporary physical barriers or markers.
6. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
7. This Emergency Temporary Use Permit and Emergency Coastal Development
Permit does not extend the allowed hours and days of operation beyond those
currently permitted by any applicable City- or County-issued discretionary permit.
8. The proposed operation is necessary to provide adequate space to allow for
appropriate social distancing to prevent further spread of COVID-19. The proposed
site plan or use diagram provides adequate areas for patrons to practice social
distancing to reduce the likelihood of spreading COVID-19.
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IV. EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS
1. The COVID-19 global pandemic has created a National, State and Local
emergency that is more fully described in Emergency Ordinance No. 2020-005.
The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal
Code (NBMC) Section 21.52.025 because immediate action is necessary to allow
commercial business and institutional uses to re-open consistent with State and
local public health guidelines designed to reduce the spread of COVID-19. If
immediate action is not taken to properly regulate the re-opening of commercial
business and institutional uses, the spread of COVID-19 will likely be more severe
thereby exacerbating the existing public health emergency.
2. Development authorized is temporary and will only be in place during the described
emergency consistent with Emergency Ordinance No. 2020-005. All development
authorized by this permit must be removed after the state of emergency is lifted.
3. Development authorized by this permit is not located in any environmentally
sensitive habitat area and public access to the coast will not be blocked. Coastal
access is increased by allowing commercial establishments to re-open allowing
public to once again visit the coastal areas.
4. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
V. 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.
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. The existing allowed hours of operation of the establishment shall not be extended.
The hours of hours of operation of the area modified as part of this Emergency
Temporary Use Permit shall not extend beyond 10 p.m., daily.
4. The use of amplified sound within the temporary area shall be prohibited.
5. The Applicant shall maintain a substantial barrier between the temporary
expansion area and all driving surfaces, including drive aisles and parking spaces.
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6. All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum distance of seven (7) feet to ensure proper social distancing is
maintained.
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 restaurant or expanded
outdoor patios shall be prohibited.
9. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
10. 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.
11. 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
12. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. An 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. 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.
13. 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.
14. Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide, and 19 inches deep.
15. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches
above the finish floor.
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Fire
16. 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.
17. The occupant load shall be posted inside the tented areas.
18. There shall be visible “No Smoking” signs in the tented areas, as well as illuminated
exiting signs and emergency lighting
19. All interior decorative fabrics or materials shall be flame resistant with Certificates
of Flame Resistance.
20. Liquid propane gas containers, if used, shall be located outside and shall be
adequately protected and secured with a permit 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.
21. Tents and canopies shall have the State Fire Marshal tag indicating fire resistance.
22. Tents and canopies shall be designed and installed to withstand the elements of
the weather and prevent collapsing through weights and ground anchorage.
Public Works
23. 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.
24. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
25. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
26. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided in Attachment No. CD 3.
27. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
28. 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.
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29. 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
30. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed,
or 60 days from the date of authorization, whichever is sooner. The Director may
extend this approval for an additional 60 days for good cause.
31. 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.
32. 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 and Coastal Development Permit. 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.
VI. 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,
______________________________
Benjamin M. Zdeba, AICP
Senior Planner
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Attachments: CD 1 Filed Application
CD 2 Site Plan Diagram
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.
Printed Name and Title
Signature Date
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Attachment No. CD 1
Filed Application
27
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Attachment No. CD 2
Site Plan Diagram
29
30
31
Facade Improvements: 24 Hr Fitness 2707.02.20LEASING SITE PLANBAYSIDE32
Facade Improvements: 24 Hr Fitness 2707.02.20EXPANDED PATIO PLANSBAYSIDE - BAYSIDE RESTAURANTstall not in use.Substantialbarrier.5'-11"6"5528'-5"64
6666666'-0"6'-00"63'-8"17'-2"27'-4"28'-6"72'-1"2,497 sf666633
34
Attachment No. ZA 4
SCE Clearance Decals
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SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
36
37
D5438
Attachment No. ZA 5
Project Plans
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Bayside Restaurant LTP/CDP (PA2021-198)
900 Bayside Drive
Site Plan
Proposed Outdoor Dining Area, 1,000
square feet maximum
40
Enlarged Site Plan
41