HomeMy WebLinkAbout07_Sakae Sushi Temporary Outdoor Dining Tables Limited Term Permit and CDP_PA2021-225
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 24, 2021
Agenda Item No. 7
SUBJECT: Sakae Sushi Temporary Outdoor Dining Tables (PA2021-225)
▪ Limited Term Permit No. XP2021-029
▪ Coastal Development Permit No. CD2021-058
SITE LOCATION: 123 23rd Street
APPLICANT: Sushi Sakee, Inc.
OWNER: Robert Koury, LLC
PLANNER: David S. Lee, Associate Planner
949-644-3249, dlee@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: MU-W2 (Mixed-Use Water 2)
• Zoning District: MU-W2 (Mixed-Use Water)
• Coastal Land Use Plan Category: MU-W (Mixed-Use Water Related)
• Coastal Zoning District: MU-W2 (Mixed-Use Water)
PROJECT SUMMARY
The applicant proposes an approximate 80-square-foot dining area within the sidewalk area
for a one-year term that was previously authorized through Emergency Temporary Use
Permit No. UP2020-133 (PA2020-234). The applicant proposes to have one table in front of
Sakae Sushi, and an additional table in front of the adjacent tenant, Stephanie’s Salon.
Sakae Sushi has obtained written permission from Stephanie’s Salon to place a table in
front of the business (Attachment No. ZA 5).
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15301 and 15303 under Class 1 (Existing Facilities) and 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; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-029 and Coastal Development Permit No. CD2021-058 (Attachment No.
ZA 1).
Sakae Sushi Temporary Outdoor Dining Tables (PA2021-225)
Zoning Administrator, November 24, 2021
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DISCUSSION
• The applicant proposes an 80-square-foot maximum expanded dining area
consisting of two tables for a one-year term that was previously authorized through
Emergency Temporary Use Permit No. UP2020-133 (PA2020-234) for Sakae Sushi
(Attachment No. ZA 4).
• The subject lot is accessed from 23rd Street and the alley behind. Street parking is
available on 23rd Street. The existing food service use, Sakae Sushi, is located in a
mixed-use area and proposes to operate all day and into the evening hours when
surrounding retail and office uses are typically not operating. The on-street parking
has historically accommodated the mix of uses found on 23rd Street on the Balboa
Peninsula and no traffic issues are anticipated with the continued use of the
expanded dining tables outside of the establishment.
• Outdoor dining areas are common within the Balboa Peninsula area, have been used
at the subject property during similar hours in the past, and the use has not proven
detrimental. The existing hours of operation for the interior of the restaurant are
limited from 6:00 a.m. through 10:00 p.m., daily. The outdoor dining tables would
close by 10:00 p.m., daily.
• 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 2021, and may inform a future conditional use permit
amendment for outdoor dining areas. For a permanent outdoor dining use on the
public sidewalk, the Applicant is required to apply for a separate Sidewalk Café
Permit in accordance to Council Policy L-21.
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 80-square-foot expanded outdoor
dining area consisting of two tables at an existing restaurant for a one-year limited term and
Sakae Sushi Temporary Outdoor Dining Tables (PA2021-225)
Zoning Administrator, November 24, 2021
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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 and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. Administrative procedures for appeals are provided in
the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to appeal
any final action on a coastal development permit to the Planning Commission. The project
site is not located within the appeal area of the coastal zone; therefore, final action by the
City may not be appealed to the California Coastal Commission. For additional information
on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
__________________________
David S. Lee, Associate Planner
MS/dl
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 SCE Clearance Decal
ZA 4 Emergency Temporary Use Permit Action Letter
ZA 5 Letter from Stephanie Salon
ZA 6 Project Plans
Attachment No. ZA 1
Draft Resolution
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
LIMITED TERM PERMIT NO. XP2021-029 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-058 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 123 23RD
STREET (PA2021-225)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Sushi Sakee, Inc., with respect to property located at 123 23rd
Street, and legally described as Lot 22 and portions of Lots 21 and 23 of Block 23,
requesting approval of a limited term permit and a coastal development permit.
2. The applicant proposes an 80-square-foot maximum expanded dining area consisting of
two (2) tables for a one (1)-year term (January 1, 2022 through December 31, 2022) that
was previously authorized through Emergency Temporary Use Permit No. UP2020-133
(PA2020-234) for Sakae Sushi.
3. The subject property is designated MU-W2 (Mixed-Use Water 2) by the General Plan Land
Use Element and is located within the MU-W2 (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-W2 (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. 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
Sections 15301 and 15303 under Class 1 (Existing Facilities) and Class 3 (New
Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines,
California Code of Regulations, Title 14, 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
Zoning Administrator Resolution No. ZA2021-###
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09-30-21
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 an approximate 80-square-foot expanded
outdoor dining patio at an existing restaurant for 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 Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow an extended and expanded outdoor dining patio for one
(1)-year term while the City reconsiders its parking requirements related to food service
uses. The existing food service use is authorized through Use Permit No. UP3172 and
includes approximately 950 square feet of gross floor area.
2. The expanded dining area has not posed a hazard to the general welfare of persons
residing in the area since it was placed during the COVID-19 pandemic in 2020 through
an Emergency Temporary Use Permit. The operation of the expanded dining area is
limited to one (1) year period, and it has been reviewed and conditioned to preclude any
detriment to the general welfare of the area.
3. Outdoor dining areas are common within the Balboa Peninsula area, have been used at
the subject property during similar hours in the past, and the use has not proven
detrimental. The existing hours of operation for the interior of the restaurant are limited
from 6:00 a.m. through 10:00 a.m., daily. The outdoor dining tables would close by 10:00
p.m., daily.
Zoning Administrator Resolution No. ZA2021-### Page 3 of 11
09-30-21
4. The proposed operation is conditioned to be accessible to all persons, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
5. The permitted use shall adhere to applicable State of California and Orange County Health Care Agency guidelines for the safe operation of the use. It is the responsibility of the permittee to implement and follow industry-specific guidance of the State of California and the Orange County Health Care Agency guidelines.
6. The permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements. 7. 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 approximately 0.09 acres in size and is a flat property, approximately 400
feet from the beach. The existing food service use has operated at the subject property since its original approval in 1985. Based upon the site plan, there is adequate area to accommodate the temporary outdoor dining tables without impacting pedestrian circulation and coastal access.
2. The lot is located on 23rd Street and bounded by Balboa Boulevard and West Ocean Front. Properties to the north are residential uses, while properties to the west, east, and south consist of mixed-use development. An existing food service use is located at this site. The expanded outdoor dining use will not impede use and enjoyment of the properties in the
area and will instead add to the character of the Balboa Peninsula.
3. The expanded dining area will not impede any parking spaces. No traffic or site circulation issues are anticipated.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate;
Fact in Support of Finding: 1. The subject lot is accessed from 23rd Street and the alley behind. Street parking is available on 23rd Street. The existing food service use, Sakae Sushi, is located in a mixed-use area
Zoning Administrator Resolution No. ZA2021-###
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and proposes to operate all day and into the evening hours when surrounding retail and
office uses are typically not operating. The on-street parking has historically
accommodated the mix of uses found on 23rd Street on the Balboa Peninsula and no traffic
issues are anticipated with the continued use of the expanded dining tables outside of the
establishment.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on-site or at alternate locations acceptable to the Zoning
Administrator; and
Facts in Support of Finding:
1. The subject property has been occupied by a food service use since 1985. The existing
street parking has historically accommodated the mix of land uses located on 23rd Street
on the Balboa Peninsula and is expected to accommodate the continued use of outdoor
dining tables.
2. The expanded dining area will not impede pedestrian access on the sidewalk of 23rd Street.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use designation for this site is MU-W2 (Mixed-Use Water 2). The
MU-W2 designation is intended to provide for marine-related uses intermixed with
buildings that provide residential on the upper floors. Permitted uses include those
permitted in the CM (Recreational and Marine Commercial), CV (Visitor Serving
Commercial), and MU-V (Mixed Use Vertical) designations. Free-standing residential
shall not be permitted. Food service uses are consistent with nonresidential uses
permitted in mixed-use zoning districts. The expanded outdoor dining tables are accessory
to the existing food service use, will be utilized for a limited duration on-site, and will not
impede use of the site consistent with the MU-W2 designation.
2. The site is located in the Mixed-Use Water Related (MU-W2) Zoning District. The MU-
W2 designation applies to waterfront properties in which marine-related uses may be
intermixed with general commercial, visitor-serving commercial, and residential dwelling
units on the upper floors. The expanded outdoor dining tables are accessory to the existing
food service use, will be utilized for a limited duration on-site, and will not impede use of
the site consistent with the MU-W2 designation. The MU-W2 zoning district allows
temporary uses as specified within the Zoning Code and the proposed limited duration use
is consistent with this designation.
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09-30-21
3. The Limited Term Permit for expanded outdoor dining tables would complement and be
consistent with the other commercial uses permitted within the MU-W2 Zoning District of
the Balboa Peninsula 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 from
the proposed amendment include providing opportunities for the continuation of local
businesses that generate sales tax and provide opportunities for employment, which is
consistent with General Plan Land Use Element Policy LU 2.4 (Economic Development),
also copied below:
Goal LU 2 A living, active, and diverse environment that complements all lifestyles
and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
visitors that enjoy the City’s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
enhance Newport Beach’s fiscal health and account for market demands, while
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Balboa Peninsula.
5. The site is not located within a specific plan area.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is the Newport Pier, which is approximately 1,500 feet from the project site. The
expanded outdoor dining tables comply with all applicable Local Coastal Program (LCP)
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09-30-21
development standards and maintains an area consistent with the existing pattern of
development in the Balboa Peninsula. Additionally, the project does not contain any unique
features that could degrade the visual quality of the coastal zone.
2. The Property is located in the coastal zone and the proposed improvements require a
coastal development permit in accordance with Newport Beach Municipal Code (NBMC)
Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements 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 dining area barrier is installed within the existing walkway. The barrier delineates
the area dedicated for outdoor dining use and alcohol service from the public walkway.
There are no existing City utilities within the expanded dining area.
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.
6. The proposed development will not result in the erection of any permanent structures
valued at more than $25,000.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact. In this
case, vertical access to the coast is provided via 23rd Street and lateral access is provided
via West Ocean Front. Furthermore, the project is designed and sited (appropriate height,
setbacks, etc.) so as not to block or impede existing public access opportunities.
Zoning Administrator Resolution No. ZA2021-###
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09-30-21
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 Sections
15301 and 15303 under Class 1 (Existing Facilities) and Class 3 (New Construction or
Conversion of Small Structures), respectively, of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-029 and Coastal Development Permit No. CD2021-058 subject to the
conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 Local Coastal
Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City
may be appealed to the Coastal Commission in compliance with Section 21.64.035 of the
City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF NOVEMBER, 2021.
____________________________
Jaime Murillo, Zoning Administrator
Zoning Administrator Resolution No. ZA2021-### Page 8 of 11
09-30-21
EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. The approval of this Limited Term Permit and Coastal Development Permit shall be effective for up to a one (1)-year term. The applicant shall be required to cease all permitted operations and remove any temporary improvements made to the outdoor spaces as part
of this Limited Term Permit on or before December 31, 2022.
3. The expanded dining area shall not exceed two (2) tables for a total of 80 square feet. 4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
10:00 p.m.
5. There shall be no use of amplified sound and/or live entertainment.
6. The applicant shall install and maintain a physical barrier between any area used and
adjacent common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
7. Seating in front of 125 23rd Street shall only be permitted so long as the tenant and property
owner authorize this use.
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. The sale of alcohol “to go” to 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. 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.
Zoning Administrator Resolution No. ZA2021-###
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09-30-21
12. 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.
13. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
14. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
15. 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.
16. This Limited Term Permit and Coastal Development 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, 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.
17. 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.
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 Limited Term Permit No. XP2021-
029 and Coastal Development Permit No. CD2021-058 (PA2021-225) for Sakae Sushi.
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.
Zoning Administrator Resolution No. ZA2021-###
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09-30-21
Building Division
19. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. A minimum 4-foot-wide accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
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.
20. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
Fire Department
21. Fire lane(s) shall be identified on the plan.
22. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
23. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided that the
driver remains inside the vehicle and the vehicle is ready to move immediately upon
orders from emergency personnel.
24. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three-foot clearance in all directions.
25. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
Public Works Department
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. 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.
28. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
29. The sidewalk shall maintain a 4-foot wide walkway for pedestrian use.
Zoning Administrator Resolution No. ZA2021-###
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09-30-21
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 3.
Attachment No. ZA 2
Vicinity Map
VICINITY MAP
Limited Term Permit No. XP2021-029 and
Coastal Development Permit No. CD2021-058
(PA2021-225)
123 23rd Street
Subject Property
Attachment No. ZA 3
SCE Clearance Decal
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
DocuSign Envelope ID: 53A3A80E-D295-4689-B4AA-F73F5487BEC1
DocuSign Envelope ID: 53A3A80E-D295-4689-B4AA-F73F5487BEC1
D54
DocuSign Envelope ID: 53A3A80E-D295-4689-B4AA-F73F5487BEC1
Attachment No. ZA 4
Emergency Temporary Use Permit
Action Letter
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: Sakae Sushi ETUP and ECDP (PA2020-234)
Emergency Temporary Use Permit No. UP2020-133
Emergency Coastal Development Permit No. CD2020-114
Site Location 123 23rd Street
Applicant Sushi Sakee, Inc.
Property Owner Robert Koury, LLC
On August 19, 2020, the Community Development Director approved Emergency
Temporary Use Permit No. UP2020-133 and Emergency Coastal Development Permit No.
CD2020-114. This approval is based on the following findings and subject to the following
conditions.
I. SUMMARY OF PROPOSED OPERATION
An emergency temporary use permit and emergency coastal development permit to allow
an 80-square-foot outdoor dining patio area within the sidewalk of 123 23rd Street. There
will be one table in front of Sakae Sushi, and an additional table in front of the adjacent
tenant, Stephanie’s Salon. Sakae Sushi has obtained written permission from Stephanie’s
Salon to use the space in front of the salon.
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 an 80-
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
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environment. There are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case, the Community Development Director has found that the temporary use would
not create a hazard to the health, safety, or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit and Emergency
Coastal Development Permit is temporary and only valid during the emergency order
established by Emergency Ordinance No. 2020-005.
2. The project, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19. The proposed operation is necessary to provide
adequate space to allow for appropriate social distancing.
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
4. The proposed operation has been reviewed by and is acceptable to the Building
Division, Fire & Life Safety Division, and the Public Works Department. Conditions of
Approval are included to help ensure this operation is not detrimental;
5. The proposed operation does not constitute an increase in the overall occupant load
beyond what the existing Use Permit and/or Certificate of Occupancy allow;
6. 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 by Use Permit No. 3172 (6:00 a.m. to 10:00 p.m., daily).
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).
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EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS
1. The COVID-19 global pandemic has created a National, State and Local
emergency that is more fully described in Emergency Ordinance No. 2020-005.
The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal
Code (NBMC) Section 21.52.025 because immediate action is necessary to allow
commercial business and institutional uses to re-open consistent with State and
local public health guidelines designed to reduce the spread of COVID-19. If
immediate action is not taken to properly regulate the re-opening of commercial
business and institutional uses, the spread of COVID-19 will likely be more severe
thereby exacerbating the existing public health emergency.
2. Development authorized is temporary and will only be in place during the described
emergency consistent with Emergency Ordinance No. 2020-005. All development
authorized by this permit must be removed after the state of emergency is lifted.
3. Development authorized by this permit is not located in any environmentally
sensitive habitat area and public access to the coast will not be blocked. Coastal
access is increased by allowing commercial establishments to re-open allowing
public to once again visit the coastal areas.
4. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
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 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
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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 patio shall not exceed 80 total square feet.
5. Seating in front of 125 23rd Street shall only be permitted so long as the tenant and
property owner authorize this use.
6. 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 Emergency Temporary
Use Permit shall not extend beyond 9 p.m.
7. The use of amplified sound within the temporary area shall be prohibited.
8. 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.
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. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
11. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
12. 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.
13. 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
14. 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.
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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.
15. 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.
16. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches
above the finish floor.
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.
Fire
18. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
19. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
20. 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
21. 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.
22. Seating or structures below overhead conductors and/or under the ‘drip line’ shall
be prohibited.
23. The sidewalk shall maintain a 4-foot wide walkway for pedestrian use.
24. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
25. Expanded outdoor dining areas shall adhere to the SCE clearance decal
examples provided in Attachment No. CD 2.
26. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
27. 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
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the posting of a notice of revocation at the site of the business granted the emergency
temporary permit.
28. 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
29. 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.
30. 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.
31. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of this
Emergency Temporary Use Permit and Coastal Development Permit for Sakae
Sushi. 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.
______________________________
David S. Lee, Associate Planner
MKN/dl
Attachments: CD 1 Filed Application
CD 2 SCE Clearance 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.
Insert applicant name and title
Signature Date
DocuSign Envelope ID: 7C86ABEA-B053-4CD3-AFA0-5B07B3DF3A97
8/19/2020
Kyung Sook Song Owner
Tmplt: 05/27/20
Attachment No. ZA 5
Letter from Stephanie Salon
Tmplt: 05/27/20
Attachment No. ZA 6
Project Plans
City of Newport Beach7HPSRUDU\8VH3HUPLW3URJUDP'DWH BBBBBBBBBBBBBBBBBusiness: ______________________________________Address: _______________________________________Business Owner's Signature:Site Plan686+,6$.((,1&5'671(:3257%($&+&$ gRope andStanchionRope andStanchion4' minwalkway onsidewalk4' minwalkway onsidewalkDocuSign Envelope ID: 7C86ABEA-B053-4CD3-AFA0-5B07B3DF3A97