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HomeMy WebLinkAbout08_The Bungalow Restaurant LLC Limited Term Permit and CDP_PA2021-191CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT November 10, 2021 Agenda Item No. 8 SUBJECT: The Bungalow Restaurant LLC (PA2021-191) ▪Limited Term Permit No. XP2021-012 ▪Coastal Development Permit No. CD2021-041 SITE LOCATION: 2441 East Coast Highway APPLICANT: The Bungalow Restaurant LLC OWNER: 2443 East Coast Highway LLC PLANNER: Joselyn Perez, Assistant Planner 949-644-3312, jperez@newportbeachca.gov LAND USE AND ZONING •General Plan Land Use Plan Category: CC (Corridor Commercial) •Zoning District: CC (Commercial Corridor) •Coastal Land Use Plan Category: CC-B (Corridor Commercial) – (0.0 - 0.75 FAR) •Coastal Zoning District: CC (Commercial Corridor) PROJECT SUMMARY A limited term permit and coastal development permit to allow a 550-square-foot maximum expanded dining area for up to a one-year term (January 1, 2022 through December 31, 2022). An expanded outdoor dining area was previously authorized for The Bungalow Restaurant through Emergency Temporary Use Permit No. UP2020-065 (PA2020-144). 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 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. XP2021-012 and Coastal Development Permit No. CD2021-041 (Attachment No. ZA 1). 1 The Bungalow Restaurant LLC (PA2021-191) Zoning Administrator, November 10, 2021 Page 2 Tmplt: 05/27/20 DISCUSSION •The applicant requests a limited term and coastal development permit to allow a 550- square-foot maximum expanded dining area for up to a one-year term (January 1, 2022 through December 31, 2022). The existing temporary outdoor dining area was originally authorized through Emergency Temporary Use Permit No. UP2020-065 (PA2020-144). Emergency Temporary Use Permits were issued by the Community Development Director in response to the COVID-19 pandemic and pursuant to Emergency Ordinance No. 2020-005 •The temporarily expanded outdoor dining area is located at the rear of the restaurant, within an existing on-site surface parking lot, and displaces a maximum of four parking stalls. The outdoor dining area is covered by tents and separated from vehicle traffic by substantial barriers. •The Bungalow Restaurant provides only eight on-site parking spaces for patrons. Most of the parking for the restaurant is provided through use of off-site parking spaces as authorized by Use Permit No. UP1778. The temporary loss of four on-site parking stalls is not anticipated to negatively impact circulation, as there is adequate parking available near the restaurant. The locations of the off-site parking lots are shown on the Vicinity Map (Attachment No. ZA 2). •The nearest residential use is located approximately 55 feet to the west of the property, across an alley. The temporarily expanded outdoor dining area has been conditioned to close by 10 p.m. (consistent with the closing time of the restaurant). No late hours are proposed (beyond 11 p.m.). •The project 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 in the Draft Resolution (Attachment No. ZA 1) to help ensure this operation is not detrimental to the surrounding uses. •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 be incorporated in a future 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) of the CEQA Guidelines 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. 2 The Bungalow Restaurant LLC (PA2021-191) Zoning Administrator, November 10, 2021 Page 3 Tmplt: 05/27/20 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 owners and residential occupants 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 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 not located within the appeal area of the coastal zone; therefore, final action by the City may not 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/jp Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map 3 The Bungalow Restaurant LLC (PA2021-191) Zoning Administrator, November 10, 2021 Page 4 Tmplt: 05/27/20 ZA 3 Emergency Temporary Use Permit Action Letter ZA 4 SCE Clearance Decals ZA 5 Project Plans 4 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2021-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LIMITED TERM PERMIT NO. XP2021-012 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-041 TO ALLOW A TEMPORARILY EXPANDED OUTDOOR DINING AREA LOCATED AT 2441 EAST COAST HIGHWAY (PA2021-191) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by The Bungalow Restaurant LLC (Applicant), with respect to property located at 2441 East Coast Highway, and legally described as Lot 5 and 6 of Block B, Tract No. 470 in the City of Newport Beach, Orange County, California, requesting approval of a limited term permit and a coastal development permit. 2.The Applicant requests a limited term and coastal development permit to allow a 550- square-foot maximum expanded dining area for up to a one (1)-year term (January 1, 2022 through December 31, 2022). The expanded dining area was previously authorized through Emergency Temporary Use Permit No. UP2020-065 (PA2020-144). 3.The subject property is categorized 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 located within the coastal zone. The Coastal Land Use Plan category is CC-B (Corridor Commercial – 0.0 - 0.75 FAR) and it is located within the CC (Commercial Corridor) Coastal Zoning 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 6 Zoning Administrator Resolution No. ZA2021-### Page 2 of 12 09-30-21 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 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 NBMC, 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 extended and expanded outdoor dining patio for up to a one (1)-year term while the City reconsiders its parking requirements related to food service (i.e., restaurant) uses. The existing restaurant is authorized through Use Permit No. UP1778 and its subsequent amendments and allows 1,596 square feet of indoor dining and 665 square-feet of outdoor dining. 2. 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 up to a one (1)-year term beginning January 1, 2022, through December 31, 2022, and has been reviewed and conditioned to help preclude any detriment to the general welfare of the area. 3. Outdoor dining areas are common in the Corona del Mar commercial corridor, 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 outdoor dining at the restaurant are from 11 a.m. to 10 p.m., Monday through Friday and 9 a.m. through 10 p.m. on weekends and 7 Zoning Administrator Resolution No. ZA2021-### Page 3 of 12 09-30-21 holidays. The expanded outdoor dining area would close by 10 p.m., as required by Condition of Approval No. 4. 4. A condition of approval related to heaters is incorporated as Condition of Approval No. 25. The proposed dining area will also be covered with a tent and must comply with the fire requirements outlined in Condition of Approval No. 26. 5. 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. 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. 7. The permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements. 8. The overall plan includes appropriate delineation of outdoor use spaces with physical barriers or markers. 9. The expanded dining area will not impede pedestrian coastal access since this is an inland property adjacent to East Coast Highway. 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 8,123 square feet in size gently slopes up towards East Coast Highway. Public records indicate that the restaurant has been in operation since 1976, with outdoor dining initially added in 1996 and expanded in 2016. Based upon the site plan, there is adequate area to accommodate the expanded dining area without impacting pedestrian circulation and coastal access. 2. The property is located on the northeasterly corner of East Coast Highway and Carnation Avenue. Across East Coast Highway is a Chevron service station and residential uses beyond. To the east, across Carnation Avenue, is Avila’s El Ranchito restaurant and other retail and personal services. A private parking lot is located immediately south of the subject property, and the site is bounded to the west by other commercial uses. The expanded outdoor dining area will not impede use and enjoyment of the properties in the area and will instead add to the ambiance and quaint character of Corona del Mar. 8 Zoning Administrator Resolution No. ZA2021-### Page 4 of 12 09-30-21 3. The temporarily expanded dining area occupies four (4) standard parking spaces. No traffic or site circulation issues have been experienced during the current operation and are, therefore, not 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. Vehicular access for the subject lot is from Carnation Avenue. 2. The restaurant provides only eight (8) on-site parking spaces for patrons. Most of the parking for the restaurant is provided through use of off-site parking spaces as authorized by Use Permit No. UP1778. The temporary loss of four (4) on-site parking stalls is not anticipated to negatively impact circulation as there is adequate parking available near the restaurant. 3. 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 be incorporated in a future 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 Fact in Support of Finding: 1. The existing restaurant has operated at the subject property for decades. The existing on- site surface parking lot has historically provided only a fraction of parking to serve the restaurant with most of the parking being provided through an off-site parking agreement. The on-site surface lot is should accommodate the temporary use for up to a one (1)-year term without negatively impacting parking as patrons are able to park off-site. 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. 9 Zoning Administrator Resolution No. ZA2021-### Page 5 of 12 09-30-21 Facts in Support of Finding: 1. The General Plan land use category for this site is CC (Corridor Commercial). The CC Category 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 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 CC Category. Outdoor dining is a use that tends to foster additional pedestrian activity. 2. The site is located in the CC (Commercial Corridor) Zoning District. The CC District 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 CC District allows food service uses and the expanded dining area is a temporary use, authorized with a limited term permit. 3. The Limited Term Permit for expanded outdoor dining would complement and be consistent with the other commercial uses permitted within the CC District of Corona del Mar 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 LU 2, 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. 10 Zoning Administrator Resolution No. ZA2021-### Page 6 of 12 09-30-21 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. Facts in Support of Finding: 1. The project site is not located adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is approximately 1,300 feet southwest of the restaurant, at Begonia Park. There are no designated viewpoints immediately north of the restaurant or at a higher elevation than the restaurant. As currently developed, the restaurant is separated from Begonia Park by four (4) blocks of residential structures and Begonia Park is not visible from the restaurant. Additionally, the expanded outdoor dining area complies with all applicable Local Coastal Program (LCP) development standards and maintains an area consistent with the existing pattern of development in Corona del Mar. The project does not contain any unique features that could degrade the visual quality of the coastal zone. 2. The property is in the coastal zone and the proposed 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 substantial barriers 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. Improvements are complementary to the area; the subject restaurant and adjacent neighbors have similar outdoor dining improvements within the walkways of Corona del Mar. 4. A substantial barrier is installed along the perimeter of the outdoor dining area. The barrier delineates the area dedicated for outdoor dining use and alcohol service from the surface parking lot. 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 visit coastal areas and provides an added amenity for visitors. The proposed operation does not contain Environmentally Sensitive Habitat Areas (ESHA), wetlands, or sandy beach area. 11 Zoning Administrator Resolution No. ZA2021-### Page 7 of 12 09-30-21 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. 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 not 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 is not located by the sea where lateral and vertical coastal access would be needed. 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. The exceptions to the Class 3 Exemption under Section 15300.2 are not applicable. 2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term Permit No. XP2021-012 and Coastal Development Permit No. CD2021-041 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 and Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. The project site is not located within the appeal area of the coastal zone; therefore, final action by the City may not be appealed to the California Coastal Commission. 12 Zoning Administrator Resolution No. ZA2021-### Page 8 of 12 09-30-21 PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF NOVEMBER, 2021. ____________________________ Jaime Murillo, Zoning Administrator 13 Zoning Administrator Resolution No. ZA2021-### Page 9 of 12 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 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 550 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 10 p.m. 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. 14 Zoning Administrator Resolution No. ZA2021-### Page 10 of 12 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 approval. 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- 012 and Coastal Development Permit No. CD2021-041 (PA2021-191) for The Bungalow 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). 15 Zoning Administrator Resolution No. ZA2021-### Page 11 of 12 09-30-21 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. • All interior decorative fabrics or materials shall be flame resistant. Provide Certificates of Flame Resistance. 16 Zoning Administrator Resolution No. ZA2021-### Page 12 of 12 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 Marshal 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. 17 Attachment No. ZA 2 Vicinity Map 18 VICINITY MAP Limited Term Permit No. XP2021-012 and Coastal Development Permit No. CD2021-041 (PA2021-191) 2441 East Coast Highway Subject Property Off-site parking Off-site parking Off-site parking 19 Attachment No. ZA 3 Emergency Temporary Use Permit Action Letter 20 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 Bungalow ETUP and ECDP (PA2020-153) ▪Emergency Temporary Use Permit No. UP2020-065 ▪Emergency Coastal Development Permit No. CD2020-073 Site Location 2441 East Coast Highway Applicant Louie Feinstein of Bungalow Restaurant, LLC Property Owner 2443 East Coast Highway, LLC On July 23, 2020 the Community Development Director approved Emergency Temporary Use Permit No. UP2020-065 and Emergency Coastal Development Permit No. CD2020- 073.This approval is based on the following findings and subject to the following conditions. I.SUMMARY OF PROPOSED OPERATION An emergency temporary use permit and emergency coastal development permit to allow a temporary outdoor dining area within an existing parking lot adjacent to The Bungalow restaurant. The temporarily expanded area will allow up to 14 tables with seating for up to 48 patrons. All tables will be separated by at least seven (7) feet to ensure appropriate social distancing is practiced. Six (6) parking spaces will be displaced as part of this request. II.CEQA DETERMINATION The proposed operation is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency), Section 15301 Class 1 (Existing Facilities), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions necessary to prevent or mitigate an emergency. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The project includes a temporary expansion of the outdoor dining area for an existing restaurant and is within the parameters noted for these exemptions and will not have a significant effect on the 21 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 2 Tmplt: 05/22/2020 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 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. 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 and the temporary outdoor dining patio only operate until 10 p.m., daily. 7.The permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements. 8.The plan includes appropriate delineation of outdoor use spaces with temporary physical barriers or markers. 9.The proposed operation is conditioned to be accessible to all persons, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA). 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. 22 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 3 Tmplt: 05/22/2020 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. 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 expanded outdoor dining area shall operate in substantial conformance with the site plan provided in Attachment No. CD 3. 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.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. 23 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 4 Tmplt: 05/22/2020 6.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. 7.All owners, managers, and employees selling and serving alcohol shall comply with all ABC guidelines and regulations and shall further take all measures necessary to prevent over-service of alcohol and/or disorderly conduct from patrons. Increased calls for Police Department service to the establishment or complaints made to the City will cause a review of operations and may result in a revocation of this Permit. 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 always be provided . 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. 24 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 5 Tmplt: 05/22/2020 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 following are applicable to tents that are 400 square feet or more in area (with two walls) and canopies that are 700 square feet or more in area. a.Post maximum occupant load. b.Do not exceed posted occupant load inside the tent or canopy. c.Visible and Mounted Fire Extinguishers with current service tags. d.No Smoking Signs shall be installed. e.Illuminated Exit Signs shall be installed. f.Emergency Lighting shall be provided. g.Exit doors are not to be blocked and are to remain accessible as exits while the tent is occupied. h.All interior decorative fabrics or materials shall be flame resistant. Provide Certificates of Flame Resistance. i.If Propane is used, a permit is required: Cooking and heating equipment shall not be located within 10 feet of exits or combustible materials. j.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. k.Tents and canopies shall have the State Fire Marshal tag indicating fire resistance. l.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 18.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. 19.Seating or structures below overhead conductors and/or under the ‘drip line’ shall be prohibited. 20.Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc. 21.Expanded outdoor dining areas shall adhere to the SCE clearance decal examples provided in Attachment No. CD 2. 22.The Community Development Director or designee may inspect the modified area at any time during normal business hours. 25 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 6 Tmplt: 05/22/2020 23.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. 24.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 25.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. 26.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. 27.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. // // // // // // // // // 26 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 7 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, _____________________ Benjamin M. Zdeba, AICP Senior Planner Attachments: CD 1 Filed Application CD 2 SCE Clearance Decal Examples CD 3 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. Applicant Name and Title Signature Date 27 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 8 Tmplt: 05/22/2020 Attachment No. CD 1 Filed Application 28 Community Development Department Planning Permit Application 1. Check Permits Requested: D Approval-in-Concept -AIC # D Lot Merger D Coastal Development Permit D Limited Term Permit- □ Waiver for De Minimis Development D Seasonal D < 90 day 0>90 days D Coastal Residential Development D Modification Permit D Condominium Conversion D Off-Site Parking Agreement D Comprehensive Sign Program D Planned Community Development Plan D Development Agreement D Planned Development Permit D Development Plan D Site Development Review -D Major D Minor D Lot Line Adjustment D Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) I 2 '""-\' ~ Co'°'-' 't\UJi C!TY OF NEVVPOfU 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment D Staff Approval D Tract Map D Traffic Study D Use Permit -□Minor □Conditional D Amendment to existing Use Permit Iii Emergency Temp. Use Permit/CDP D Variance 0 Amendment -□Code □PC □GP □LCP D Other: 3. Project Description and Justification (Attach additional sheets if necessary): t)\vvt rv ~ c\o~E P, ~\(.\t\J~ \o~ letJl 4. Applicant/CompanyNamel t~ONC\~\ow 'Z~~"-U(..'1\-rv\ t-J,._~ I Mailing Address I 2-l\ 4 ' (5 Co~f '\-\_wy / Suite/Unit I..------' Cityl ct)~~ (\)Q_l v111l+fl ) Statel Cr\ I Zipl 9:2e 2 s-l Phone 13 lO-7 O <i'--f 't<tL._I Fax .;___ __ ____.I Email I /DV,j-,£1¥\1~11V Q. ~\. c&d 5. Contact/Company Name I \...o 1.1 \~ ~ "1st-e. 1~ I Mailing Address i ~q4, ~ c~IA?T '\-\..uty Suite/Unit~----, City I Ct) ~o kl A '0.12.l ~ I Statel r----C--l"r---, Zip I 9262 ::;-I Phonel?r0-70~~~Cc'Z._ I Fax I Email l~S"t~\W ~cl..c(!)I/M 6. Owner Name _I -r---...:::::-...:::::-...:::::-c:J..:::--..:::-_>_~..:::::-..:::::-\IV\.::::::-.::::::-_b _ __.,.:::::.:::::.:::::.=-.=-===============-=--=--=--=-,----.----____ -_-_-_-_-__:::-'-1 Mailing Address --------------------..:..::::-..::::-..::::-..:::::..:::::..:::::.::::::-' __ S_u_i_te/Unit ___ I~_-_______________ ~- City ----;:::::::::::::::.::::::.::::::.::::::=.:::::::-.:::::::-.:::::::-..:::::-..:::::-_-...:::-_-_-_---;:::::::::=::::::::::::=====-S-tate '---.---_-_-_-_-_-_-_-_-_ __._,_Z_ip'--.:...-1 ==========: Phone-----------------'/ Fax.;....._ _____ __,/ Email.;....._ ____________ __, 7. Property Owner's Affidavit*: (I) (We)---------------------------~ depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) ( our) knowledge and belief. *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. l:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Covid-19 application update\Planning Permit Application -Covid-19.docx Rev: 05/18/2020 29 Agreement to Provide and Maintain Liability Insurance for Temporary Use of Public Property Agreement to Indemnify defend and hold harmless the City of Newport Beach Emergency Temporary Use Permit No. ___________________ _ Business/Permittee: \\j U"\J\59� �X\.,,� 2 � 4 l Et LJ,ae., '.8.½-!-1 C'b V'tlAddress/Location: Unless otherwise indicated, I will obtain and maintain commercial general liability insurance on an "occurrence" basis, including completed products and completed operations, property damage, bodily injury and personal and advertising injury with a limit of not less than $1,000,000 per occurrence. This insurance shall be endorsed to name the "City of Newport Beach, the City Council, its employees, and agents" as additional insureds, and provide that this insurance is primary and non-contributory with any other insurance or self-insurance available to the City. Permittees shall also maintain workers' compensation as required by the State of California with Statutory Limits, and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury or disease. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the "City of Newport Beach, the City Council, its employees, and agents." If permittee maintains broader coverage and/or higher limits than the minimums provided in this Section, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the permittee. All policies 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. I understand the City reserves the right to require a permittee to submit the requisite insurance documents for review at any time. Permittees shall agree to defend, indemnify and hold harmless the City and its employees 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 the issuance of the emergency temporary use 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, or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding .. An approved and executed permit constitutes a contract between the City and Permittee for all purposes. On behalf of the business/permittee: 30 Project Description • Install a 20 X 40 open air tent in back parking lot • Bungalow restaurant has instituted all state and county mandated regulation insuring that our guests and team members are in a safe environment. Every two weeks the restaurant and patio are cleaned by ~ervPro a professional sanitation company. We follow all sanitation during operation with sanitizing all surfaces every 30 min. hand sanitizer stations are provided.Mask are required by guest and staff • Hours of Operation-Daily 3pm-10pm • Occupancy-Front patio-7 tables 28 guests, downstairs patio-10 tables, 36 guests, tent patio-14 ta hies, 48 guests • Valet parking has 50 spaces 31 Attachment No. CD 2 SCE Clearance Decal Examples 32 SOUTHERN CALIFORNIA EDISON TRANSMISSION AND DISTRIBUTION BUSINESS UNIT Approved Decals June 8, 2020 33 34 D5435 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 2 Tmplt: 05/22/2020 Attachment No. CD 3 Site Plan Diagram 36 Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 7/17/2020 0 8040 Te m p o r a r y Din i n g Dri v e A i s l e t o Re m a i n C l e a r Substantial Barrier 37 Attachment No. ZA 4 SCE Clearance Decals 38 SOUTHERN CALIFORNIA EDISON TRANSMISSION AND DISTRIBUTION BUSINESS UNIT Approved Decals June 8, 2020 39 40 D5441 Tmplt: 05/27/20 Attachment No. ZA 5 Project Plans 42 Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 11/2/2021 0 11758 43 From: Jackie Peters <jackie@theworkofart.com> Sent: November 08, 2021 9:09 AM To: Perez, Joselyn <JPerez@newportbeachca.gov> Cc: Brenner, Joy <JBrenner@newportbeachca.gov> Subject: Opposition to the Bungalow Increase of Capactiy Permit [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Ms. Perez I am a 21-year homeowner residing on Begonia Ave., the street behind Bungalow restaurant. I am writing to oppose the Bungalow Increase in Capacity Permit. A) The assertation that all Bungalow employees park in the Avocado structure is entirely false. Daily, in the late afternoon, I witness persons parking in front of my home, getting out of their car, putting on either a white chef's coat or a black waiter's apron, andwalking towards Bungalow. Restaurant workers parking in my neighborhood before their shift is the state of affairs on Begonia Ave. Relying on restaurant workers to comply and park four blocks away from their shift location is not working. B) The giant, white, plastic "ICU" tent in Bungalow's parking lot in no way complements the neighborhood. I can see Bungalow's giant, white, plastic "ICU" tent from my rooftop. It is aneyesore, a source of excessive noise and light late into the night. The apparent reason Bungalow wants to extend its permit is that the giant, white, plastic "ICU" tent uses up Bungalow's existing parking lot space and they wish to use the neighborhood to fulfill their parking needs. I strongly oppose the permit and implore my representatives to recognize that 2401 E.Coast Hwy is not used for employee parking, the surrounding neighborhood beas the negative impact, and the giant, white, plastic "ICU" tent is ugly. Respectfully, Jacqueline Peters Zoning Administrator - November 10, 2021 Item No. 8a Additional Materials Received The Bungalow Restaurant LLC Limited Term Permit and Coastal Development Permit (PA2021-191) From: Judy Wagner <judykay@yahoo.com> Sent: Tuesday, November 9, 2021 1:53 PM To: Perez, Joselyn <JPerez@newportbeachca.gov> Cc: Brenner, Joy <JBrenner@newportbeachca.gov> Subject: Bungalow Temporary permit request [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender andknow the content is safe. I’m against granting any sort of expansion, temporary or permanent, to The Bungalow restaurant. The ‘Facts’ used to describe the potential impact of the expanded dining area on the neighborhoodare false. The Bungalow has never used 2101 E Coast Hwy for employee nor valet parking. They MAY leasespaces, I’m assuming that would have been be verified before relying on it as fact for grantingpermits (if not, it should be), but they absolutely do NOT use any spaces in that garage. I’ve recorded two weekend nights at the parking garage with ZERO cars during prime dinner hours. I canalso attest to restaurant employees parking on 4th Ave every-single-day of the week. I can also attestto Valet parking using our streets for parking. Zoning analysis states that the expansion will not affect the local streets. However, this is untrue. A25% expansion will bring 25% more huge diesel delivery trucks, and 25% more garbage pick-ups,25% more staff, 25% more customer cars. Trucks are already prohibited on our local streets and yetzoning, the NBPD, and The bungalow have all refused to address the issue. There is current NB zoning prohibiting these trucks!!! The Bungalow may have had some hardship from a falloff in dining receipts from 2020, but, a fewfactors have already alleviated their potential shortfall. they received over $800,000 in PPP loans that were forgiven. They remained open for business during the state mandated dining closure. Business is back to normal. On Father’s day they had 400 reservations—this is in excess of capacity limits outlined in the Covid related Temporary use Permit which states the outdoor dining permits do not increase the existing overall capacity. Finally, not a single surrounding resident was interviewed by NB Zoning and yet the resolution states that there is not currently any disruption to the surrounding community. I personally have called NBPD twelve times to report streets blocked by delivery trucks ks. I personally have called NBPD because The Bungalow had outdoor amplified music which is specifically prohibited. One of these occasions was a DJ with amplified sound in the Emergency use tent!!!! Knocking on a few doors would have been the responsible thing to do. NB Zoning has not been responsible in protecting local residents from commercial disruption. This needs to stop. This requested Tent with no overall limit on increasing capacity will allow the Bungalow to continue to disrupt the surrounding community and only exacerbate the problem. Judy Wagner 949-500-5799701 1/2 Carnation Ave. CdM 92625 Zoning Administrator - November 10, 2021 Item No. 8b Additional Materials Received The Bungalow Restaurant LLC Limited Term Permit and Coastal Development Permit (PA2021-191)