HomeMy WebLinkAbout06_Bamboo Bistro Limited Term Permit_PA2021-253CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 24, 2021
Agenda Item No. 6
SUBJECT: Bamboo Bistro (PA2021-253)
▪Limited Term Permit No. XP2021-034
SITE LOCATION: 2600 East Coast Highway, Suite 160
APPLICANT: Bamboo Bistro
OWNER: 2600 EPCH LLC and 17124 Partners
PLANNER: Patrick Achis, Assistant Planner
949-644-3237 or pachis@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: Corridor Commerical (CC)
•Zoning District: Commerical Corridor (CC)
PROJECT SUMMARY
A limited term permit request to authorize 550 square feet of expanded dining area
previously authorized through Emergency Temporary Use Permit No. UP2020-125
(PA2020-220) for Bamboo Bistro for up to 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 the exceptions
to the Class 3 Exemption do not apply; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-034 (Attachment No. ZA 1).
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DISCUSSION
• A limited term permit (up to a one year) to allow approximately 550-square-foot of
temporary outdoor dining patio. The temporary dining areas are located within
three (3) public parking spaces adjacent to the restaurant (Bamboo Bistro) along
Fifth Avenue (approximately 500 square feet) and the adjacent sidewalk (50
square feet). The temporarily expanded outdoor dining area was previously
authorized under Emergency Temporary Use Permit No. UP2020-125 (PA2020-
220).
• Bamboo Bistro located in an existing multi-tenant building and a shared surface
parking area is provided at the rear of the site. The expanded dining area will
occupy no more than three (3) public parking spaces. The subject restaurant is
located in a commercial corridor and proposes to operate all day and into the
evening hours with peak hours when other surrounding retail and office uses are
typically not operating. No traffic issues are anticipated with the continued use of
the expanded dining area. There are no active complaints regarding the availability
of parking.
• The proposed operation does not extend any hours of operation beyond those
currently permitted by Use Permit No. UP3620 and Planning Director’s Use Permit
No. 14 (11 a.m. to 9 p.m., Monday to Saturday and 3 p.m. to 8 p.m. on Sunday).
The temporary expanded area must close by 9 p.m.
• The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
• The City is 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 of 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
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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 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.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
BMZ/pda
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decals
ZA 5 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
LIMITED TERM PERMIT NO. XP2021-034 TO ALLOW A
TEMPORARILY EXPANDED OUTDOOR DINING AREA
LOCATED AT 2600 EAST COAST HIGHWAY, SUITE 160
(PA2021-253)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Bamboo Bistro (Applicant) with respect to property located at
2600 East Coast Highway, Suite 160, and legally described as Parcel 1 of Redivision No.
792, requesting approval of a limited term permit.
2. The Applicant requests a limited term permit to authorize a 550 square-foot temporarily
expanded dining area previously authorized through Emergency Temporary Use Permit
No. UP2020-125 (PA2020-220) for Bamboo Bistro for up to a one (1)-year term (January
1, 2022 through December 31, 2022).
3. The subject property is categorized Corridor Commercial (CC) by the General Plan Land
Use Element and is located within the Commercial Corridor (CC) Zoning District.
4. The subject property is not located within the coastal zone; therefore, a coastal
development permit is not required.
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
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
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such use. The proposed scope of work is a maximum 550-square-foot outdoor dining patio
at an existing restaurant for up to a one (1)-year limited term (January 1, 2022 through
December 31, 2022).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.
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. The existing food service use (i.e., restaurant) is authorized through Use
Permit No. UP3620 and Planning Director’s Use Permit No. 14 and includes 600 square
feet of interior net public area.
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 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. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
4. 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.
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5. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
6. The overall plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is flat and approximately 0.4 acres in size. The existing restaurant with
outdoor dining has operated at the subject site since its original approval in 1998 (UP3620
and Planning Director’s Use Permit No. 14). Based upon the proposed site plan, there is
adequate area to accommodate the expanded dining area without impacting pedestrian
circulation.
2. The restaurant is located in the commercial corridor of Corona del Mar at the intersection
of Dahlia Avenue and East Coast Highway. Along East Coast Highway is a variety of
commercial uses, including personal services, professional office, fitness, and other
eateries. The continued use of the expanded outdoor dining use will not impede use and
enjoyment of the properties in the area and will instead add to the ambiance and character
of the area. The restaurant will also continue to provide a convenience for nearby
businesses and visitors to the area.
3. Facts 2, 3 and 4 in Support of Finding A are hereby incorporated by reference.
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 Dahlia Avenue and Fifth Avenue. A surface parking area
is provided on-site. The expanded dining area occupies three (3) public parking spaces
and part of an adjacent sidewalk. The temporary configuration has not posed any issue to
date and no further traffic or parking issues are anticipated with the continued use of the
expanded dining area.
2. The City is also undergoing an analysis of parking rates including rates related to food
service and outdoor dining. Findings and recommendations of this study are anticipated
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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 B and Fact 1 in Support of Finding C are 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 Commercial Corridor (CC). The CC
category is intended to provide 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 restaurant with outdoor dining, will be utilized for a limited duration on-site, and will
not impede use of the site consistent with the CC designation. Outdoor dining is a use that
tends to foster additional pedestrian activity.
2. The site is in the Commercial Corridor (CC) Zoning District. The CC District is intended
to allow the location of commercial activities engaged in the sale of products or services
relating to and supporting the Development Plan. The CC District allows restaurants at the
site and the expanded dining area is a temporary use, authorized with a limited term permit.
3. The Limited Term Permit for temporarily expanded outdoor dining would complement and
be consistent with the other commercial uses permitted within the CC District in that it
provides amenities that support visitors to the area and provides a social gathering place
for those who live and work in the neighborhood, consistent with General Plan Land Use
Element Goal LU2, below. Additional benefits include providing opportunities for the
continuation of local businesses that generate sales tax and provide opportunities for
employment, which is consistent with General Plan Land Use Element Policy LU 2.4
(Economic Development), also copied below:
Goal LU 2 A living, active, and diverse environment that complements all lifestyles
and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
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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 Corona del Mar.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-034, subject to the conditions set forth in Exhibit “A,” which is attached
hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 24TH 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,
stamped and dated with the date of this approval (except as modified by the applicable
conditions of approval).
2. The approval of this Limited Term Permit shall be effective for up to a one (1)-year term
(January 1, 2022, to December 31, 2022), unless an extension is granted by the Zoning
Administrator in compliance with Section 20.52.040(J) (Extension of Limited Term Permit)
of the NBMC. The Applicant shall be required to cease all permitted operations at the end
of the effective period. The concrete patio improvements shall be removed, and the entire
affected area restored to the previously existing landscape conditions within 14 days after
the end of the effective period. The Applicant shall be responsible for all construction-
related costs and fees associated with patio removal and landscape restoration activity.
3. 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.
4. The expanded outdoor dining patio shall not exceed 550 square feet and a maximum of
three (3) public parking spaces shall be used for temporary outdoor dining, as depicted on
the attached site plan diagram.
5. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the area modified as part of this Limited Use Permit shall not extend
beyond 9 p.m.
6. A maximum of three (3) public parking spaces shall be used for temporary outdoor dining.
7. The use of amplified sound or live entertainment within the temporary area shall be
prohibited.
8. The Applicant shall install and maintain a physical barrier (fencing) between any area used
and adjacent pedestrian walkways.
9. 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.
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10. 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.
11. The sale of alcohol “to go” 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. This Limited Term Permit may 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 or welfare, or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to
constitute a nuisance.
14. Any change in operational characters, expansion in area, or other modification to the
approved plans, shall require an amendment to this Limited Term Permit.
15. 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
a Limited 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.
16. The Community Development Director may modify this Limited Term 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
17. Upon termination or repeal of this Limited Term Permit, 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.
18. 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 Temporary Use Permit No.
XP2021-034 for Bamboo Bistro (PA2021-253). 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'
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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
19. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. An accessible path to all functional areas shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when on-site 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 (2).
20. Provide not less than 5-percent accessible seating at tables and counters with knee
clearance of at least 27 inches high, 30 inches wide, and 19 inches deep.
21. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above
the finish floor.
22. 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.
23. 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.
24. Accessible routes, including under canopy(ies) and other overhead improvements must
maintain a minimum clear height of 80 inches.
25. All electrical distribution lines shall be in good working order and shall be protected from
pedestrian and vehicular traffic and shall accommodate accessibility.
Public Works Department
26. A substantial barricade (k-rail, water-filled barrier or other barrier, approved by the Public
Works Department) shall be provided between the proposed outdoor dining area within
the parking spaces and the alley. This barrier shall also be provided between the outdoor
dining and any parking drive aisles and parking stalls.
27. The dining area and substantial barricades shall not encroach into the existing drive aisle
or alley right of way.
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.
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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.
Fire Department
32. Fire lane(s) shall be identified on the plan.
33. Parking, displays, seating, or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
34. 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.
35. All Fire department devices (fire hydrants, fire department connections, water valves, etc.)
shall have a 3-foot clearance in all directions.
36. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
37. Covered outdoor dining areas (separate or consolidated) shall comply with the following
standards for tents larger than 400 square feet (2 or more walls) and/or canopies larger
than 700 square feet (no walls or one (1) wall):
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 Marshall tag indicating fire resistance.
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l. Tents and canopies shall be designed and installed to withstand the elements of
the weather and prevent collapsing through weights and ground anchorage.
38. 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.
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Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Limited Term Permit No. XP2021-034
(PA2021-253)
2600 East Coast Highway, Suite 160
Subject Property
Proposed
Temporary Patio
16
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
17
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: Bamboo Bistro ETUP (PA2020-220)
▪ Emergency Temporary Use Permit No. UP2020-125
Site Location 2600 East Coast Highway
Applicant Bamboo Bistro
Property Owner 17124 Partners
On August 7, 2020 the Community Development Director approved Emergency
Temporary Use Permit No. UP2020-125. This approval is based on the following findings
and subject to the following conditions.
I. SUMMARY OF PROPOSED OPERATION
The Applicant proposes to create a temporary outdoor dining area for Bamboo Bistro within
three public parking spaces adjacent to the restaurant along Fifth Avenue (approximately
500 square feet). Temporary dining areas will also be located along the Fifth Avenue and
Dahlia Avenue sidewalk (totaling 150 square feet).
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 650-
square-foot outdoor dining patio area expansion to an existing restaurant and is within the
parameters noted for these exemptions and will not have a significant effect on the
environment. There are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
DocuSign Envelope ID: 5B8AA2D9-898B-460B-B86D-553A7B2A620E
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Bamboo Bistro ETUP (PA2020-220)
August 7, 2020
Page 2
Tmplt: 05/22/2020
III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case, the Community Development Director has found that the temporary use would
not create a hazard to the health, safety, or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit is temporary
and only valid during the emergency order established by Emergency Ordinance No.
2020-005.
2. The project, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19. The proposed operation is necessary to provide
adequate space to allow for appropriate social distancing.
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
4. The proposed operation has been reviewed by and is acceptable to the Building
Division, Fire & Life Safety Division, and the Public Works Department. Conditions of
Approval are included to help ensure this operation is not detrimental.
5. The proposed operation does not constitute an increase in the overall occupant load
beyond what the existing Use Permit and/or Certificate of Occupancy allow.
6. An adequate supply of parking is available to serve the subject business and
surrounding uses.
7. The proposed operation does not extend any hours of operation beyond those
currently permitted. The temporarily expanded area will close by 9 p.m.
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
temporary physical barriers or markers.
10. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
IV. CONDITIONS OF APPROVAL
1. Only that specifically described above and depicted in the attached site plan is
authorized, subject to the conditions set forth below. Any additional changes require
separate review and may necessitate separate authorization from the Director. The
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expanded dining area shall be in substantial conformance with the site plan and
seating layout 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 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. If the proposed operation is using any portion of the public right-of-way, the Applicant
shall obtain and maintain liability insurance for not less than $1,000,000 per
occurrence and as specified by the City’s Risk Manager. All liability insurance
policies shall specifically include the City, the City Council, its employees, and agents
as additional insureds and shall be issued by an agent or representative of an
insurance company licensed to do business in the State of California, which has one
of the three highest or best ratings from the Alfred M. Best company. All insurance
policies shall contain an endorsement obligating the insurance company to furnish
the Community Development Director with at least thirty (30) days written notice in
advance of the cancellation of the policy.
4. The expanded outdoor dining patios shall not exceed 650 square feet combined.
5. The existing allowed hours of operation of the establishment shall not be extended.
The temporarily expanded area shall close by 9 p.m.
6. The use of amplified sound within the temporary area shall be prohibited. All noise
emitted from the temporarily expanded area shall be confined to the site as much
as possible and shall further comply with NBMC standards
7. 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.
8. The applicant shall install and maintain a physical barrier (stanchion and rope)
between any area used and adjacent pedestrian walkways.
9. 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.
10. 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
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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.
11. The sale of alcohol “to go” 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.
Building
15. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. An accessible path to all functional areas shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when on-site
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.
16. Provide not less than 5 percent accessible seating at tables and counters with knee
clearance of at least 27 inches high, 30 inches wide, and 19 inches deep.
17. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above
the finish floor.
18. All exiting paths shall be a minimum 48 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
19. 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.
20. Accessible routes, including under canopy(ies) and other overhead improvements
shall maintain a minimum clear height of 80 inches.
21. All electrical distribution lines shall be in good working order and shall be protected
from pedestrian and vehicular traffic and shall accommodate accessibility.
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Fire
22. The Fifth Avenue right-of-way shall maintain a clear minimum width of 28 feet from
curb to face of substantial barriers for vehicle traffic.
23. Parking, displays, seating, or other obstacles that interfere with emergency
vehicles and personnel shall not be permitted in fire lanes.
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.
Public Works
27. A substantial barrier (automobiles, K-rail, water-filled barrier, or other material
acceptable to Public Works) shall be provided between the seating area and drive
aisle.
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 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. CD 2.
Miscellaneous
32. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
33. The Community Development Director may immediately revoke this permit if the
Director determines that there has been a violation of any condition of approval. Any
revocation of an Emergency Temporary Use permit shall be deemed effective upon
the posting of a notice of revocation at the site of the business granted the emergency
temporary permit.
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34. 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
35. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed.
36. 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.
37. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of this
Emergency Temporary Use Permit for Bamboo Bistro (PA2020-220). 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.
On behalf of Seimone Jurjis, Community Development Director.
MKN/pda
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Attachments: CD 1 Filed Application
CD 2 SCE Project Decals
CD 3 Site Plan Layout
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
Signature Date
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Chau Haller
8/7/2020
General Partner
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Attachment No. CD 1
Filed Application
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Attachment No. CD 2
SCE Clearance Decals
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SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
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D54
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Attachment No. CD 3
Site Plan Layout
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Temporary Outdoor Dining Plan
Bamboo Bistro (PA2020-220)
2600 East Coast Highway
Proposed outdoor dining area located
within on-street parking spaces
(approx. 500 s.f.). Dining area width
not to exceed 8 feet from face of curb
Substantial Barrier (e.g., water-
filled barricade or k-rail) around
street perimeter
Proposed outdoor dining area
located within sidewalk right-of-
way of Dahlia and Fifth Avenues
(approx. 50 s.f. each)
Stanchion-rope barrier around
perimeter of outdoor dining
areas.
-All tables at least 7 feet apart
from each other and any
waiting areas
-All public walks and sidewalks
shall be a minimum 48 inches
free and clear at all times
-Existing red curb to remain
unobstructed
-Maximum temporary dining
area shall not exceed a total of
650 s.f.
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Attachment No. ZA 4
SCE Clearance Decals
34
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
35
36
D5437
Attachment No. ZA 5
Project Plans
38
Temporary Outdoor Dining Plan
Bamboo Bistro (PA2020-220)
2600 East Coast Highway
Proposed outdoor dining area located
within on-street parking spaces
(approx. 500 s.f.). Dining area width
not to exceed 8 feet from face of curb
Substantial Barrier (e.g., water-
filled barricade or k-rail) around
street perimeter
-All tables at least 7 feet apart
from each other and any
waiting areas
-All public walks and sidewalks
shall be a minimum 48 inches
free and clear at all times
-Existing red curb are to remain
unobstructed
-Maximum temporary dining
area shall not exceed a total of
550 s.f.
39