HomeMy WebLinkAbout03_Billy’s at the Beach Limited Term Permit and CDP_PA2021-248CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 24, 2021
Agenda Item No. 3
SUBJECT: (PA2021-248)
Limited Term Permit No. XP2021-033
Coastal Development Permit No. CD2021-063
SITE LOCATION: 2751 West Coast Highway
APPLICANT: Redwoodwest
OWNER: 2751 & 2801 PCH LLC
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: MU-W1 (Mixed-Use Water 1)
Zoning District: MU-W1 (Mixed- Use Water)
Coastal Land Use Plan Category: MU-W (Mixed-Use Water Related)
Coastal Zoning District: MU-W1 (Mixed- Use Water)
PROJECT SUMMARY
A request for a limited term and coastal development permit to authorize a 174-square-foot
temporarily expanded dining area previously authorized through Emergency Temporary
Use Permit No. UP2020-168 (PA2020- a
one-year term (January 1, 2022 through December 31, 2022).
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. XP2021-033 and Coastal Development Permit No. CD2021-063 (Attachment No.
ZA 1).
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DISCUSSION
A request for a limited term permit and coastal development permit to authorize a
174-square-foot maximum temporarily expanded dining area
Beach restaurant for up to a one-year term (January 1, 2022 through December 31,
2022). A larger patio was originally authorized through Emergency Temporary Use
Permit (ETUP) No. UP2020-168 (PA2020-290). ETUPs were issued by the
Community Development Director in response to the COVID-19 pandemic and
pursuant to Emergency Ordinance No. 2020-005
ETUP No. UP2020-168 allowed an outdoor dining area of 340 square feet and the
current request is a 166 square foot reduction in approved dining area.
The patio is proposed for the rear of the building, on the waterfront side. The patio
will abut 60 linear feet of bi-folding doors that can be opened to create a seamless
at the Beach to the patio. The patio is
proposed to run along the entire length of the building and will extend 2 feet from the
building toward the water. The patio is proposed to accommodate 6 two-top tables.
The adjoining properties to the southeast and northwest are also developed with
restaurants. There are residential uses across the harbor on Lido Isle. To minimize
the potential for noise issues, the temporary patio is conditioned to cease operating
by 9 p.m., the use of an outdoor paging system is explicitly prohibited, and live
entertainment or amplified sound is not allowed.
The proposed location for the patio will not result in a loss of parking or negative
impacts to vehicle circulation. An adequate supply of parking is available to serve
the subject restaurant and patio through an off-site parking agreement detailed in the
restaurant s current use permit, Use Permit No. 3674.
The project site is not located adjacent to a coastal view road or Coastal Viewpoint
as identified in the Coastal Land Use Plan. The nearest designated coastal viewpoint
is at John Wayne Park, approximately 900 northeast of the project site. The project
site is only marginally visible from this vantage point as a small portion of a larger
panoramic perspective. Additionally, the patio is on the waterfront side of the
restaurant. It would not be visible from John Wayne Park due to height of the existing
building exceeding that of the ground level patio. The patio will be visible from the
harbor; however, the low-lying patio is an extension of the existing restaurant and will
not appear out of place in its surrounding.
There are two public access easements on the site that provide pedestrian access
to and along the coast. The first is a 6-foot-wide vertical access walkway along the
easterly property line and the second is a 6-foot by 12-foot horizontal (or lateral)
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walkway adjacent to the water. The project has been conditioned to maintain the
easements free and clear of any encroachments that would hinder access.
The project has been reviewed by and is acceptable to the Building Division, Fire &
Life Safety Division, Code Enforcement and Water Quality 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.
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 174-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
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the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to
appeal any final action on a coastal development permit to the Planning Commission. The
project site is located within the appeal area of the coastal zone; therefore, final action by
the City may be appealed to the California Coastal Commission.
Prepared by:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decals
ZA 5
ZA 6 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. XP2021-033 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-063 TO ALLOW A
TEMPORARILY EXPANDED OUTDOOR DINING AREA
LOCATED AT 2751 WEST COAST HIGHWAY (PA2021-248)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Redwoodwest (Applicant), with respect to property located at
2751 West Coast Highway, and legally described as the southeasterly 100 feet of the
northwesterly 250 feet of Lot H of Tract 919 in the City of Newport Beach, Orange County,
California, 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 174-square-foot
maximum expanded dining area for up to a one (1)-year term (January 1, 2022 through
December 31, 2022). An expanded dining area was previously authorized through
Emergency Temporary Use Permit (ETUP) No. UP2020-168 (PA2020-290) for
the Beach. The current request represents a 166 square foot reduction in temporary
outdoor dining area from ETUP No. UP2020-168.
3. The subject property is categorized as MU-W1 (Mixed-Use Water 1) by the General Plan
Land Use Element and is located within the MU-W1 (Mixed- Use Water) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is MU-W (Mixed-Use Water Related) and it is located within the MU-W1 (Mixed-
Use Water) Coastal Zoning district.
5. A public hearing was held on November 24, 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
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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 174-square-foot 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) 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 uses (i.e., restaurants). The existing restaurant is authorized through Use Permit
No. UP3674 and includes 1,691 square feet of indoor dining area with 425 square feet of
permanent outdoor dining.
2. The expanded dining area has not posed a hazard to the general welfare of persons
residing in the area since it was placed during the COVID-19 pandemic in 2020 through
an ETUP. ETUP No. UP2020-168 allowed an outdoor dining area of 340 square feet and
the current request is a 166 square foot reduction in dining area. The operation of the patio
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 preclude any detriment to the general
welfare of the area.
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3. The adjacent properties, 2735 West Coast Highway and 2801 West Coast Highway
respectively, are developed with commercial buildings that have restaurants and operate
permanent outdoor patios. The existing restaurant has operated a permanent outdoor
patio since 2000 and the use has not proven detrimental. Furthermore, the temporary
patio was reviewed by the Code Enforcement and Water Quality Division and there were
no on-going issues identified as part of their review.
4. Hours of operation for the temporary patio shall not extend beyond 9 p.m. The earlier
closing hour should help to eliminate noise impacts to residents across the harbor.
5. A condition of approval related to heaters is incorporated as Condition of Approval No.
27. While there is no tent or covering proposed at this time, if the Applicant chooses to
install a tent or covering, it would be subject to Condition of Approval No. 28.
6. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
7. 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.
8. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
9. The overall plan includes appropriate delineation of outdoor use spaces with physical
barriers or markers.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1. The subject property is approximately 0.55 acres in size and abuts the harbor. A restaurant
use was originally approved in 1989. Permanent outdoor dining was added to the
restaurant in 2000. Based upon the site plan, there is adequate area to accommodate the
temporary dining area without impacting pedestrian circulation or coastal access.
2. The lot is bounded by West Coast Highway, commercial buildings with restaurants to the
north and south, and the harbor to the west with residential uses beyond. The patio will
not impede the use or the enjoyment of other the properties in the area and will instead
add to the ambiance and quaint character of .
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3. The patio is proposed for the rear of the building, on the waterfront side. The patio will
abut 60 linear feet of bi-folding doors that can be opened to create a seamless transition
at the Beach to the patio. The patio is proposed to
run along the entire length of the building and will extend 2 feet from the building toward
the water. The patio should not impact traffic or site circulation.
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 valet parking service is provided
for guests of the existing restaurant and the other commercial uses at 2801 West Coast
Highway. The valet service is a shared service between the various uses and utilizes both
on-site and off-site parking, in conformance with Use Permit No. UP3674. Sufficient
parking is available to support the patio and no traffic issues should arise with the continued
use of the patio.
2. The City is also undergoing an analysis of parking rates including rates related to food
service and outdoor dining. Findings and recommendations of this study are anticipated
by December 2021 and may inform a future conditional use permit amendment for outdoor
dining areas.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on-site or at alternate locations acceptable to the Zoning
Administrator; and
Fact in Support of Finding:
1. Fact 1 in Support of Finding C is hereby incorporated by reference.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use category for this site is MU-W1 (Mixed-Use Water 1). The MU-
W1 category is applied to waterfront locations along the Mariner s Mile Corridor in which
marine related, visitor-serving, commercial and residential uses are intermixed with
buildings that provide residential uses above the ground floor. The temporary patio is
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accessory to the existing restaurant, will be utilized for a limited duration, will not impede
use of the site, and is consistent with the MU-W1 designation.
2. The project site is in the MU-W1 Zoning District. The MU-W1 Zoning District allows food
service uses with the approval of a use permit and the expanded patio 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 MU-W1 Zoning District of
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
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
e
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
Additionally, the patio is consistent with Policy LU 6.19 of the Land Use Element of the
General Plan which encourages uses that take advantage of its location on the Newport
Bay Waterfront. The outdoor patio provides a waterfront dining amenity that can be
enjoyed by visitors to the City of Newport Beach and residents alike.
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 Mariner s Mile community.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
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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 or Coastal Viewpoint as
identified in the Coastal Land Use Plan. The nearest designated coastal viewpoint is at
John Wayne Park, approximately 900 northeast of the project site. The project site is only
marginally visible from this vantage point as a small portion of a larger panoramic
perspective. Additionally, the patio is on the waterfront side of the restaurant. It would not
be visible from John Wayne Park due to height of the existing building exceeding that of
the ground level patio. The patio will be visible from the harbor; however, the low-lying
patio is an extension of the existing restaurant and will not appear out of place in its
surrounding. 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 . 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 constitute an increase of ten (10) percent or more of
the internal floor area of an existing structure or a lesser improvement that has
previously been undertaken pursuant to California Public Resources Code Section
30610(a). The expanded outdoor dining area and barrier within the public walkway are
minor detached structures. The location of these improvements does not pose a conflict
to coastal resources, coastal access, or other adverse environmental effects.
3. The patio is surrounded with a physical barrier. The barrier delineates the area dedicated
for outdoor dining use and alcohol service from the public walkway. There are no existing
City utilities within the expanded dining area.
4. Development authorized by this permit is not located in any environmentally sensitive
habitat area (ESHA) 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 ESHA, wetlands, or sandy beach area.
5. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
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.
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Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
ct. When
the original use permit for the commercial building was approved in 1982, it required two
(2) public access easements. The first is a 6-foot-wide vertical access walkway along the
easterly property line and the second is a 6-foot by 12-foot horizontal or lateral walkway
adjacent to the water. Condition of Approval Number 6 requires the Applicant keep both
easements free and clear of any restaurant related encroachments that would hinder
access. The patio is not anticipated to have an impact on coastal resources or access.
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. XP2021-033 and Coastal Development Permit No. CD2021-063 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. A
fee is not required to appeal any final action on a coastal development permit to the
Planning Commission. Final action taken by the City may be appealed to the Coastal
California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the
Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF NOVEMBER, 2021.
____________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan stamped
and dated with the date of this approval (except as modified by applicable conditions of
approval).
2. The approval of this Limited Term Permit and Coastal Development Permit shall be
effective from January 1, 2022, to December 31, 2022, unless an extension is granted by
the Zoning Administrator in compliance with Municipal Code Sections 20.52.040.J
(Extension of Limited Term Permit) and 21.54.060 (Time Limits and Extensions). The
Applicant shall be required to cease all permitted operations and remove any temporary
improvements made to the outdoor spaces as part of this approval at the end of the
effective period.
3. The expanded dining area shall not exceed 174 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., daily.
5. There shall be no use of amplified sound or live entertainment within the temporary patio.
6. The two (2) 6-foot-wide public access easements for pedestrian coastal access shall be
kept free and clear of any encroachments including but not limited to barriers, tables,
umbrellas, etc.
7. 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.
8. 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.
9. patrons that dine within the expanded outdoor patios shall be
prohibited.
10. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
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11. The permittee shall provide adequate trash receptacles within the permitted patio shall and
the operator shall provide for periodic and appropriate removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
12. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
approval.
15. 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.
16. 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.
17. 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,
court costs) of every kind and nature whatsoever which may arise from or in any manner
Limited Term Permit No. XP2021-
033 and Coastal Development Permit No. CD2021-063 (PA2021-248) for
the Beach. 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
18.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 (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).
19. 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.
20. All tops of dining and work surfaces shall be 28 inches to 34 inches above the finish
floor.
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 3-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 by 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 (two [2] or more walls) and/or canopies
larger than 700 square feet (no walls or one [1] wall):
Post maximum occupant load.
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Zoning Administrator Resolution No. ZA2021-###
Page 11 of 11
09-30-21
Do not exceed posted occupant load inside the tent or canopy.
Visible and Mounted Fire Extinguishers with current service tags.
No Smoking Signs shall be installed.
Illuminated Exit Signs shall be installed.
Emergency Lighting shall be provided.
Exit doors are not to be blocked and are to remain accessible as exits while the tent
is occupied.
All interior decorative fabrics or materials shall be flame resistant. Provide
Certificates of Flame Resistance.
If Propane is used, a permit is required: Cooking and heating equipment shall not be
located within 10 feet of exits or combustible materials.
LPG containers shall be located outside and be adequately protected and secured,
and a permit will be required. Open flame or other 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
29. 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.
30.
prohibited.
31. Public eating/dining at tables shall not be situated on top of energized vault lids, energized
underground structures, or next to vent pipes, etc.
32. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Limited Term Permit No. XP2021-033 and
Coastal Development Permit No. CD2021-063
(PA2021-248)
2751 West Coast Highway
Subject Property
18
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
19
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: Amendment (PA2020-290)
Emergency Temporary Use Permit No. UP2020-168
Site Location 2751 West Coast Highway
Applicant
Property Owner 2751 and 2801 PCH, LLC
On October 6, 2020, the Community Development Director approved Emergency
Temporary Use Permit No. UP2020-168 amending Temporary Use Permit No. UP2020-032
(PA2020-105). This approval is based on the following findings and subject to the following
conditions.
I. SUMMARY OF PROPOSED MODIFIED OPERATION
The Applicant proposes to modify the off-site parking operations for the existing
Beach restaurant. The operations are summarized as follows:
1. Addition of off-site parking for 22 parking spaces at 3939 West Coast Highway
intended for management and employee use in place of their existing off-site parking
agreement for 50 spaces at 2700 West Coast Highway. The site will be accessed
with a shuttle provided by property management and coordinated with restaurant and
valet staff.
2. An expanded outdoor dining area (approximately 4-ft wide and approximately 340
square feet in area) along the public walkway on the bay front for up to 18 seats.
3. A minimum 4-foot-wide walkway will be maintained clear for public access outside of
the temporary outdoor dining area. Stanchions will be placed to ensure the temporary
outdoor dining area is contained to the designated area.
II. CEQA DETERMINATION
The proposed operation is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an
emergency), Section 15301 Class 1 (Existing Facilities) and Section 15303 Class 3 (New
Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential
to have a significant effect on the environment. Section 15269 allows specific actions
necessary to prevent or mitigate an emergency. The Class 1 exemption includes the
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October 6, 2020
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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 an
expanded outdoor dining area of approximately 340 square feet and meets these criteria.
The off-site parking lot at 3939 West Coast Highway is an existing development and no
physical improvements other than parking lot striping are necessary to utilize the site as an
off-site parking lot. There are no known exceptions listed in CEQA Guidelines Section
15300.2 that would invalidate the use of these exemptions.
III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case, the Community Development Director has found that the temporary use would
not create a hazard to the health, safety or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit is temporary
and only valid during the emergency order established by Emergency Ordinance No.
2020-005;
2. The project,
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19;
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines;
4. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements;
5. The plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers;
6. 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;
7. 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;
8. The proposed operation does not extend any outdoor dining hours of operation
beyond those currently permitted by UP3674;
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9. The off-site parking lot at 3939 West Coast Highway is approximately a half-mile from
Billy s by the Beach and is owned in common with 2751 and 2801 West Coast
Highway. The location is a feasible distance to serve as an off-site parking supply for
Billy s by the Beach with a shuttle for employees.
10. The site at 3939 West Coast Highway can accommodate 22 legal parking spaces
on-site, which is sufficient to accommodate Billy s by the Beach and Louie s by the
Bay during limited operations authorized under the temporary emergency.
11. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA);
12. This Emergency Temporary Use Permit and Emergency Coastal Development
Permit does not extend the allowed hours and days of operation beyond those
currently permitted by any applicable City- or County-issued discretionary permit
(UP3674); and
13. The proposed operation is necessary to provide adequate space to allow for
appropriate social distancing to prevent further spread of COVID-19. The proposed
site plan or use diagram provides adequate areas for patrons to practice social
distancing to reduce the likelihood of spreading COVID-19.
14. The proposed operation does not contain ESHA, wetlands, or sandy beach area;
15. The proposed development will not result in the erection of any permanent structures
valued at more than $25,000.
16. This action meets the criteria for a waiver of permitting requirements under Section
30611. Coastal Development Permit Waiver Request No. 4 obviates the need for
emergency Coastal Development Permits () or for any required follow-up
as the development conforms with that described in the California Coastal
Commission letter dated August 21, 2020 and City Council Emergency Ordinance
2020-005.
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 dining area shall be in substantial conformance with the exhibit provided
in Attachment No. CD 4.
2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions
and any restrictions set forth in an applicable discretionary permit regulating uses,
nonconforming uses, development standards, parking and permit procedures that
regulate the use and development of private or public property operations are
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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.
Furthermore, the area modified as part of this approval shall close by 9 p.m., daily.
4. The use of amplified sound within the temporary area shall be prohibited.
5. A minimum 4-foot wide walkway shall be maintained for pedestrian coastal access
along the waterfront.
6. A physical barrier (stanchion and rope) shall be provided at the ends of the dining
area with a 48-inch wide opening on either end for access.
7. The off-site parking at 3939 West Coast Highway lot shall be striped with 22 legal
parking spaces per the attached site layout and shall be utilized in place of off-site
parking at 2700 West Coast Highway for the duration of this Temporary Use
Permit.
8. The off-site parking lot shall be utilized by restaurant and building management
with a shuttle for cars. The RW Marina & Development Management shall work
closely with restaurants and valet operations to coordinate and arrange for an
employee on afternoons when it is needed.
9. All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum of seven (7) feet to ensure proper social distancing is maintained.
10. 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 ABC.
11. to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
12. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
13. 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.
14. 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.
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BUILDING
15. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons as follows:
a.An accessible path to all functional area shall be provided.
b.Access to restrooms shall be provided at all times.
c.Accessible parking stalls shall not be used for seating areas when onsite
parking is provided.
d.Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide and 19 inches deep.
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.
16. All tops of dining and work surfaces shall be 28 inches to 34 inches above the
finish floor.
FIRE
17.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.
18. 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.
19. Fire department devices shall not be covered, blocked, or otherwise hidden from
plain view.
PUBLIC WORKS
20.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.
21. S
be prohibited.
22. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
23. Expanded outdoor dining areas shall adhere to the SCE clearance decal
examples provided in Attachment No. CD 3.
MISCELLANEOUS
24. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
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25. 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.
26. 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
27. 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.
28. 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.
29. 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,
disbursements and court costs) of every kind and nature whatsoever which may
Emergency Temporary Use Permit Amendment at the Beach. 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.
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.
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On behalf of Seimone Jurjis, Community Development Director,
Senior Planner
Attachments: CD 1 Filed Application
CD 2 Project Description
CD 3 SCE Clearance Decals
CD 4 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
26
Attachment No. CD 1
Filed Application
27
28
Attachment No. CD 2
Project Description
29
September 14, 2020
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dear Makana,
On behalf of 2751 & 2801 PCH, LLC (the “Owner”), and RW Marina & Development Management, LLC
(the “Management Company”) I am writing in regards to the parking lot located at 3939 W. Coast
Highway as it related to the parking requirement for the property located at 2751 & 2801 W. Coast Hwy,
Newport Beach, CA 92663 (the “Property”).
We currently have 137 parking spaces available (63 onsite, 24 at Avon, and 50 at the Starbucks Lot).
During the busiest hour of the parking study completed in February (5 pm on Friday), the max spaces
used was 103 spaces. When removing the Starbucks Lot (50 spaces), that leaves us with 87 spaces.
When adding the Lot at 3939 W. Coast Hwy, this leaves us with ~122+ spaces (~35 + 87), which is still
more than being utilized during the busiest hours. Per the attached layout of 3939 WCH, this lot can
comfortably fit 35+ cars however will only be used for any rare overflow from the other two lots. As
mentioned previously, there are significantly fewer cars utilizing the onsite lot, given the new
management of the property. Additionally, one of our largest marina tenants was running a charter
operation, which resulted in multiple visitors parking in the lots throughout the week/weekends. This
charter tenant is vacating the Marina and this will significantly reduce the number of parkers in the lots
at the property as well.
In the very rare event that the onsite lot and Avon lot are fully occupied, we have the lot at 3939 WCH
for restaurant management (currently taking up approximately 12 spaces onsite) and building
management. We will provide a shuttle from the lot to the property and back to their cars if needed. RW
Marina & Development Management has a Toyota Tundra, which comfortable seats 4 passengers, and
will be available to provide a roundtrip shuttle for occasional parkers from 3939 W. Coast Hwy to the
property. We will work closely with the restaurants and the valet team Friday-Sunday mornings and will
coordinate to arrange the RW Marina & Development Management truck to shuttle these employees in
the afternoons when needed.
Thank you very much,
RW Marina & Development Management, LLC On Behalf Of 2751 & 2801 PCH, LLC
Devyn Peterson – Director of Property Management
30
Attachment No. CD 3
SCE Clearance Decals
31
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
32
33
D5434
Attachment No. CD 4
Site Plan Diagram
35
36
3939 West Coast Highway-ETUP Off-Site Parking Layout (PA2020-290) 22 parking spaces total Standard stalls at 9-ft wide by 17-ft deep Hammerhead turn around space 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
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Attachment No. ZA 5
42
43
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Attachment No. ZA 6
Project Plans
44
45