HomeMy WebLinkAbout11_A Restaurant Limited Term Permit and CDP_PA2021-228CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 10, 2021
Agenda Item No. 11
SUBJECT: A Restaurant (PA2021-228)
▪Limited Term Permit No. XP2021-031
▪Coastal Development Permit No. CD2021-060
SITE LOCATION: 3334 West Coast Highway
APPLICANT: A Restaurant
OWNER: Marianne Brooks
PLANNER: Makana Nova, Senior Planner
949-644-3249, mnova@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: CG (General Commercial)
•Zoning District: CG (Commercial General)
•Coastal Land Use Plan Category: CG-B (General Commercial – 0.0-0.75 FAR)
•Coastal Zoning District: CG (Commercial General)
PROJECT SUMMARY
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. An expanded outdoor dining area
was previously requested via Emergency Temporary Use Permit No. UP2020-016
(PA2020-087) for A Restaurant and the size and location of the expanded dining area has
been modified under this request.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-031 and Coastal Development Permit No. CD2021-060 (Attachment No.
ZA 1).
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DISCUSSION
• A request for a limited term and costal development permit to allow a 1,000-square-
foot maximum expanded dining area for up to a one-year term. An expanded outdoor
dining area was previously requested via Emergency Temporary Use Permit No.
UP2020-016 (PA2020-087) for A Restaurant and the size and location have been
modified under this request.
• The expanded outdoor dining area will include a 1,000-square-foot covered tent area.
The size of the tent area will require a building permit and Fire Marshall tag in order
to continue operation in this location.
• The number of parking spaces is currently nonconforming to the code required
parking since A Restaurant was established prior to the requirement for a use permit.
Traffic and parking demand issues are not anticipated with the continued use of a
1,000-square-foot expanded dining area.
• The City is also undergoing an analysis of parking rates including rates related to
food service and outdoor dining. Findings and recommendations of this study are
anticipated by December, 2021, and may inform a future conditional use permit
amendment for outdoor dining areas.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures), of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 1,000-square-foot expanded outdoor
dining patio at an existing restaurant for up to a one-year limited term and qualifies under
the parameters of the Class 1 and Class 3 exemptions. There are no known exceptions
listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these
exemptions.
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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:
MKN
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 SCE Clearance Decals
ZA 4 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. XP2021-031 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-060 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 3334 WEST
COAST HIGHWAY (PA2021-228)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jordan Otterbein, representing A Restaurant, with respect to
property located at 3334 West Coast Highway, and legally described as a portion of Block
1 of Irvine’s Subdivision, requesting approval of a limited term permit and a coastal
development permit.
2. 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 (1)-year term. An expanded outdoor dining
area was previously requested via Emergency Temporary Use Permit No. UP2020-016
(PA2020-087) for A Restaurant and the size and location of the expanded dining patio has
been modified under this request.
3. The subject property is designated CG (General Commercial) by the General Plan Land
Use Element and is located within the CG (Commercial General) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is CG-B (General Commercial – 0.0 - 0.75 FAR) and it is located within the CG
(Commercial General) 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
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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 1,000-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 this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040.G (Limited Term Permits, Findings and Decision) of the
Newport Beach Municipal Code, the following findings and facts in support of such findings are
set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of
the requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow an 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 uses. The existing food service use, A Restaurant, was established prior to the
requirement for a use permit in the City and the existing outdoor dining patio was
authorized through OD2008-004 (PA2008-145) in 2008.
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. 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.
3. Outdoor dining areas are common within the Mariners’ Mile 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 the interior of the restaurant are not limited
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by a use permit. The hours of operation for the existing outdoor dining patio are limited
from 11:00 a.m. through 10:00 p.m., daily. The expanded outdoor dining area will close by
9:00 p.m., daily.
4. The expanded outdoor dining area will include a covered tent area. The size of the tent
area will require a building permit and Fire Marshall tag in order to confirm proper safety,
anchoring, and fire safety to continue operation in this location in accordance with
Condition of Approval Nos. 17 and 28.
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 access to the waterfront.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent
to and in the vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 0.76 acres in size and is a generally flat property. The
existing food service use with outdoor dining has operated at this location prior to the
requirement for a use permit. Based upon the site plan, there is adequate area to
accommodate the expanded dining area without impacting vehicles, pedestrian circulation,
or coastal access.
2. The lot is bounded by West Coast Highway to the south, Old Newport Boulevard to the
west, Santa Ana Avenue to the north, and a commercial property to the east. An existing
food service use with outdoor dining is located at this site. The expanded outdoor dining
use will not impede use and enjoyment of the properties in the area and to date, the City
has not received any complaints regarding the operation of the expanded dining at this
site.
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4.The expanded dining area will not impede any parking spaces. No traffic or site circulation
issues are anticipated.
Finding:
C.The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
Facts in Support of Finding:
1.The subject lot is accessed from West Coast Highway. A surface parking lot is located on-
site, serving A Restaurant and A Market.
2.The number of parking spaces is currently nonconforming to the code required parking
since A Restaurant was established prior to the requirement for a use permit. Traffic issues
and parking demand issues are not anticipated with the continued use of a 1,000-square-
foot expanded dining area. To date, no complaints have been received regarding the
operation of this expanded dining area.
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 food service use has operated on-site prior to the requirement for a use
permit and the existing outdoor dining patio has operated at the subject property since
2008. The existing surface parking lot on-site is expected to accommodate the
temporary use.
2.The expanded dining area will not impede pedestrian access to the waterfront. The
expanded dining area will occupy a maximum of standard parking stalls and will not
impede any accessible parking spaces.
Finding:
E.The limited duration use is consistent with all applicable provisions of the General Plan,
any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1.The General Plan land use designation for this site is CG (General Commercial). The CG
designation is intended to provide for a wide variety of commercial activities oriented
primarily to serve citywide or regional needs. Food service uses are consistent with
nonresidential uses conditionally permitted in commercial zoning districts. The expanded
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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
CG designation.
2.The site is located in the CG (Commercial General) Zoning District. The CG designation
is intended to provide for areas appropriate for a wide variety of commercial activities
oriented primarily to serve Citywide or regional needs. 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 CG zoning
designation. The CG zoning district allows temporary uses as specified within the Zoning
Code and the proposed expanded dining area is permitted with a limited term permit in this
Zoning district.
3.The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CG Zoning District of
Mariners’ Mile 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 its economic prosperity
while maintaining the unique character of the Mariners’ Mile corridor.
5.The site is not located within a specific plan area.
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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.West Coast Highway is considered a coastal view road. However, the expanded outdoor
dining area is placed at the rear of the subject property where is it largely shielded from
view from West Coast Highway. The nearest coastal viewpoint is John Wayne Park and
the site is only marginally visible as a small portion of a larger panoramic perspective from
this vantage point. The dining area complies with all applicable Local Coastal Program
(LCP) development standards and maintains an area consistent with the existing pattern
of development in Mariners’ Mile. 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 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 are temporary in nature and do not constitute an
increase of 10 percent or more of internal floor area or the construction, placement, or
establishment of a significant nonattached structure. The expanded outdoor dining area
and associated tent cover are minor detached structures that are not located between
the sea and the nearest public road. The location of these improvements does not pose
a conflict to coastal resources, coastal access, or other adverse environmental effects.
While the property is bisected by the line delineating 300 feet from the mean high tide,
the proposed improvements are located at the rear of the property and are not within
the appeal area.
3.Improvements are complementary to the area; the expanded dining area provides
aesthetically pleasing improvements that are complimentary to the existing restaurant
design and compatible with the surrounding residential area across North Santa Ana
Avenue.
4.The dining area provides appropriate substantial barriers adjacent to vehicle drive aisles
and parking spaces. The barriers further serve to delineate 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 the public to visit coastal areas and provides an added amenity
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for visitors. The proposed operation does not contain environmentally sensitive habitat
areas (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.
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, lateral and vertical coastal access is provided via an existing 10-foot wide lateral
pedestrian easement along the waterfront across West Coast Highway (at 3333 West
Coast Highway). 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 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. XP2021-031 and Coastal Development Permit No. CD2021-060 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.
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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.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 from January 1, 2022, to December 31, 2022. The
applicant shall be required to cease all permitted operations and remove any temporary
improvements made to the outdoor spaces as part of this Limited Term Permit on or before
December 31, 2022.
3.The expanded dining area shall not exceed 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 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.
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12.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13.The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
14.This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
15.Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Limited Term Permit and Coastal
Development Permit.
16.To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including without limitation, attorney’s fees, disbursements and
court costs) of every kind and nature whatsoever which may arise from or in any manner
relate (directly or indirectly) to City’s approval of this Limited Term Permit No. XP2021-
031 and Coastal Development Permit No. CD2021-060 (PA2021-228) for A
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.Building permits are required for the use of any membrane or tent. Accessible routes,
including under canopy(ies) must maintain a minimum clear height of 80 inches.
18.Physical barriers delineating the outdoor seating and adjoining vehicular ways shall not
block egress or an accessible route and shall maintain a minimum of 48-inch clear.
19.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.
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c. Accessible parking stalls shall not be used for seating areas when onsite parking is
provided.
d. At least one 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).
20. 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
21. Fire lane(s) shall be identified on the plan.
22. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
23. 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.
24. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three-foot clearance in all directions.
25. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
26. 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.
27. 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.
28. Covered outdoor dining areas (separate or consolidated) shall comply with the
following standards for tents larger than 400 square feet (2 or more walls) and/or
canopies larger than 700 square feet (no walls or one wall):
• Post maximum occupant load.
• Do not exceed posted occupant load inside the tent or canopy.
• Visible and Mounted Fire Extinguishers with current service tags.
• No Smoking Signs shall be installed.
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•Illuminated Exit Signs shall be installed.
•Emergency Lighting shall be provided.
•Exit doors are not to be blocked and are to remain accessible as exits while the
tent is occupied.
•All interior decorative fabrics or materials shall be flame resistant. Provide
Certificates of Flame Resistance.
•If Propane is used, a permit is required: Cooking and heating equipment shall not
be located within 10 feet of exits or combustible materials.
•LPG containers shall be located outside and be adequately protected and secured,
and a permit will be required. Open flame or other 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
29.The Applicant shall install and maintain a substantial physical barrier (water-filled traffic
barrier or K-rail between the temporary expansion area and all driving areas, including
drive aisles and parking spaces. The substantial barriers shall not encroach into the
required dimensions of the drive aisle or adjacent parking spaces.
30.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.
31.Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
32.Public eating/dining at tables shall not be situated on top of energized vault lids, energized
underground structures, or next to vent pipes, etc.
33.Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided in Attachment No. ZA 3.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit No. XP2021-031 and Coastal
Development Permit No. CD2021-060
(PA2021-228)
3334 West Coast Highway
Subject Property
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Attachment No. ZA 3
SCE Clearance Decals
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SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
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21
D5422
Attachment No. ZA 4
Project Plans
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Project Plans-A Restaurant, 3334 West Coast Highway (PA2021-228)
Expanded Dining Area
1,000 sq.ft. max. (7 parking
spaces), with covered tent
Substantial barriers
Key:
Maintain 26-ft drive aisle
Expanded dining area
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