HomeMy WebLinkAbout09_CDM Restaurant Limited Term Permit and CDP_PA2021-226
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 24, 2021
Agenda Item No. 9
SUBJECT: CdM Restaurant (PA2021-226)
Limited Term Permit No. XP2021-030
Coastal Development Permit No. CD2021-059
SITE LOCATION: 2325 East Coast Highway
APPLICANT: Jordan Otterbein representing CdM Restaurant
OWNER: Allyson Presta and Ron Presta
PLANNER: Makana Nova, Senior Planner
949-644-3249, mnova@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: CC (Corridor Commercial)
Zoning District: CC (Commercial Corridor)
Coastal Land Use Plan Category: CC-B (Corridor Commercial 0.0 - 0.75 FAR)
Coastal Zoning District: CC (Commercial Corridor)
PROJECT SUMMARY
A request for a limited term permit and coastal development permit to allow a 385-square-
foot expanded outdoor dining area for up to a one-year term (January 1, 2022 through
December 31, 2022). A 575-square-foot, 30-seat expanded dining area was previously
authorized through Emergency Temporary Use Permit No. UP2020-015 (PA2020-086) for
Corona del Mar (CdM) Restaurant. The proposed dining area would be reduced by 190
square feet.
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) , 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. XP2021-030 and Coastal Development Permit No. CD2021-059 (Attachment No.
ZA 1).
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CdM Restaurant (PA2021-226)
Zoning Administrator, November 24, 2021
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DISCUSSION
The existing restaurant was authorized prior to the requirement for a use permit. Use
Permit No. UP1179 allows on-sale alcoholic beverages and live entertainment
(piano). The existing restaurant design includes 3,959-square feet of gross floor area
and 1,243 square feet of interior net public area per Plan Check No. 1076-2018.
The applicant requests a limited term permit and coastal development permit to allow
a 385-square-foot expanded dining area for up to a one-year term (January 1, 2022
through December 31, 2022). A 575-square-foot, 30-seat expanded dining area was
previously authorized through Emergency Temporary Use Permit No. UP2020-015
(PA2020-086) for Corona del Mar (CdM) Restaurant. The proposed dining area
would be reduced by 190 square feet from its current condition.
One 561-square-foot tent is proposed to cover the expanded dining area, which will
require a building permit and Fire Marshall flame certification.
Three parking stalls are provided on-site and an adjacent surface lot under common
ownership at 710 Acacia Avenue serves the restaurant. The expanded dining area
is located on a former driveway and does not occupy parking spaces. The existing
food service use, CdM Restaurant, is located in a commercial corridor and proposes
to operate all day and into the evening hours with peak hours when other retail and
office uses in the area are typically not operating.
The City has received several complaints that the restaurant is operating with
unauthorized valet in the rear parking area and surrounding City streets. This
approval provides conditions of approval requiring that the business shall cease valet
operations unless a valet operations plan is approved by the Public Works
Department. Sufficient parking is provided to serve the restaurant and ongoing traffic
issues are not anticipated with the reduced size of the expanded dining area.
The City is also undergoing an analysis of parking rates including rates related to
food service and outdoor dining. Findings and recommendations of this study are
anticipated by December 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), 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.
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CdM Restaurant (PA2021-226)
Zoning Administrator, November 24, 2021
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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 385-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 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. The project site is not located
within the appeal area of the coastal zone; therefore, final action by the City may not be
appealed to the California Coastal Commission. For additional information on filing an
appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MKN
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 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. XP2021-030 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-059 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 2325 EAST
COAST HIGHWAY (PA2021-226)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Jordan Otterbein, representing Corona del Mar (CdM)
Restaurant, with respect to property located at 2325 East Coast Highway, and legally
described as Lot 2, Block A, Tract 470, being a Resubdivision of Blocks A, B, C, & K of
Tract No. 323 as shown on a map thereof recorded in Miscellaneous Map, Book 14 Pages
40 and 41 records of Orange County, California, requesting approval of a limited term
permit and a coastal development permit.
2. The applicant requests a limited term permit and coastal development permit to allow a
385-square-foot expanded dining area for up to a one (1)-year term (January 1, 2022
through December 31, 2022). A 575-square-foot, 30 seat expanded dining area was
previously authorized through Emergency Temporary Use Permit No. UP2020-015
(PA2020-086) for Corona del Mar Restaurant. The proposed dining area will be reduced
by 190 square feet from its current condition.
3. The subject property is designated CC (Corridor Commercial) by the General Plan Land
Use Element and is located within the CC (Commercial Corridor) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is CC-B (Corridor Commercial 0.0 - 0.75 FAR) and it is located within the CC
(Commercial Corridor) Coastal Zoning district.
5. A public hearing was held on November 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), 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.
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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
such use. The proposed scope of work is a maximum 385-square-foot expanded outdoor
dining patio at an existing restaurant for up to a one (1)-year limited term and qualifies
under the parameters of the Class 1 and Class 3 exemptions.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040.G (Limited Term Permits) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow an extended and expanded outdoor dining patio for up to
a one (1)-year term while the City reconsiders its parking requirements related to food
service uses. The existing food service use was established prior to the requirement for a
use permit and Use Permit No. UP1179 allows on-sale alcoholic beverages and live
entertainment (piano). The existing restaurant design includes 3,959 square feet of gross
floor area and 1,243 square feet of interior net public area per Plan Check No. 1076-2018.
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 up to a one (1)-year beginning January 1, 2022, through December 31, 2022,
and has been reviewed and conditioned to preclude any detriment to the general welfare
of the area.
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3. Outdoor dining areas are common in the Corona del Mar commercial corridor, have been
used at the subject property during similar hours in the past and the use has not proven
detrimental. The existing hours of operation are not limited by their existing conditional use
permit, UP1179. The expanded outdoor dining area would close by 9:00 p.m., daily.
4. A condition of approval related to heaters is incorporated as Condition of Approval No. 32.
The proposed dining area will also be covered with a tent and must comply with the fire
requirements outlined in Condition No. 33.
5. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
6. The permitted use shall adhere to applicable State of California and Orange County Health
Care Agency guidelines for the safe operation of the use. It is the responsibility of the
permittee to implement and follow industry-specific guidance of the State of California and
the Orange County Health Care Agency guidelines.
7. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
8. The overall plan includes appropriate delineation of outdoor use spaces with physical
barriers or markers. Substantial barriers (K-rail or water-filled barriers are required at either
end of the drive aisle).
9. The expanded dining area will not impede pedestrian coastal access since this is an inland
property adjacent to East Coast Highway.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 0.12 acres in size and is a gently sloping property adjacent
to East Coast Highway. The existing food service use has operated at this location prior to
1966. Based upon the site plan, there is adequate area to accommodate the expanded
dining area without impacting pedestrian circulation and coastal access. Vehicles will be
directed to access the site through the rear alley and adjacent surface parking lot at 710
Acacia Avenue.
2. The lot is bounded by East Coast Highway to the northeast with residential properties
inland to the southwest. To the southeast and northwest are additional retail properties
within the Commercial Corridor zoning district. The expanded outdoor dining use will not
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impede use and enjoyment of the properties in the area and will instead add to the
ambiance and quaint character of Corona del Mar.
3. The expanded dining area is located in an existing drive aisle and will not occupy existing
parking spaces. Ongoing traffic and site circulation issues are not anticipated and the
applicant must obtain an approved valet plan.
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 the rear alley off of Acacia Avenue. An adjacent off-site
surface parking lot is provided to the rear at 710 Acacia Avenue. The expanded dining
area will not occupy existing parking spaces. The existing food service use, Corona del
Mar (CdM) Restaurant, is located in a commercial corridor area and proposes to operate
all day and into the evening hours with peak hours when other retail and office uses in the
area are typically not operating. Sufficient parking is provided and ongoing traffic and
parking issues are not anticipated with the continued use of the expanded dining area. A
valet plan approved by the Public Works Department is required for the restaurant to utilize
valet services. Valet operations are not permitted on public streets.
2. The City is also undergoing an analysis of parking rates including rates related to food
service and outdoor dining. Findings and recommendations of this study are anticipated
by December of 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
Facts in Support of Finding:
1. The existing food service use with outdoor dining has operated at the subject property
since prior to 1966. The commonly owned surface parking lot to the rear at 710 Acacia
Avenue has historically served as the primary parking supply for patrons. The surface
lot is expected to adequately accommodate the temporary use for up to a one (1)-year
term.
2. The expanded dining area will not impede pedestrian access to the waterfront.
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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 CC (Corridor Commercial). The CC
designation is intended to provide a range of neighborhood-serving retail and service uses
along street frontages that are located and designed to foster pedestrian activity. The
expanded outdoor dining use is accessory to the existing food service use, 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 located in the CC (Commercial Corridor) Zoning District. The CC designation
is intended to provide a range of neighborhood-serving retail and service uses along street
frontages that are located and designed to foster pedestrian activity. The CC zoning
district allows food service uses and the expanded dining area is a temporary use,
authorized with a limited term permit.
3. The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CC Zoning District of
Corona del Mar in that it provides amenities that support visitors to the area and provides
a social gathering place for those who live and work in the neighborhood, consistent with
General Plan Land Use Element Goal 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
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
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
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proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Corona del Mar community.
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 and coastal view roads are located along Ocean Boulevard and the site is not
visible from this street. However, the expanded outdoor dining area complies with all
applicable Local Coastal Program (LCP) development standards and maintains an area
consistent with the existing pattern of development in Corona del Mar. 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. Improvements are complementary to the area; the subject restaurant and adjacent
neighbors have similar outdoor dining improvements within the walkways of Corona del
Mar.
4. The dining area planter barrier is installed within the existing driveway. Additional
barriers will further delineate the area dedicated for outdoor dining use and alcohol
service from the egress walkway. There are no existing City utilities within the expanded
dining area.
5. Development authorized by this permit is not located in any environmentally sensitive
habitat area (ESHA) and public access to the coast will not be blocked. Coastal access
is increased by allowing the public to visit coastal areas and provides an added amenity
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for visitors. The proposed operation does not contain ESHA, wetlands, or sandy beach
area;
6. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is not located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
portional to the impact. In this
case, the project is not located by the sea where lateral and vertical coastal access would
be needed.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-030 and Coastal Development Permit No. CD2021-059 subject to the
conditions set forth in Exhibit A, which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and Zoning
and Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF NOVEMBER, 2021.
____________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan stamped
and dated with the date of this approval (except as modified by applicable conditions of
approval).
2. The approval of this Limited Term Permit and Coastal Development Permit shall be
effective for up to a one (1)-year term from January 1, 2022, to December 31, 2022, unless
an extension is granted by the Zoning Administrator in compliance with Municipal Code
Sections 20.52.040.J (Extension of Limited Term Permit) and 21.54.060 (Time Limits and
Extensions). The applicant shall be required to cease all permitted operations and remove
any temporary improvements made to the outdoor spaces as part of this approval at the
end of the effective period.
3. The expanded dining area shall not exceed 385 square feet in area.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of hours of operation of the expanded area as part of this approval shall not extend
beyond 9 p.m., daily.
5. A valet plan approved by the Public Works Department is required for the restaurant to
utilize valet services. Valet operations are prohibited on public streets.
6. There shall be no use of amplified sound and/or live entertainment.
7. The applicant shall install and maintain a physical barrier (stanchion and rope) between
any area used and adjacent common pedestrian walkways in accordance with the
requirements of the State Department of Alcoholic Beverage Control.
8. The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
9. T
prohibited.
10. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
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11. The permittee shall provide adequate trash receptacles within the permitted patio shall and
the operator shall provide for periodic and appropriate removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
12. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
15. This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
16. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Limited Term Permit and Coastal
Development Permit.
17. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
court costs) of every kind and nature whatsoever which may arise from or in any manner
r this Limited Term Permit No. XP2021-
030 and Coastal Development Permit No. CD2021-059 (PA2021-226) for Corona
del Mar Restaurant. This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses
incurred in connection with such claim, action, causes of action, suit or proceeding
whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in
this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
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Code Enforcement Division
18. The applicant shall cease valet operations unless an approved valet operations plan is
approved by the Public Works Department.
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 (2).
20. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
21. Accessible seating at tables or counters shall provide knee clearance of at least 27
inches high, 30 inches wide, and 19 inches deep.
22. The tops of dining surfaces shall be 28 inches to 34 inches above the finished floor.
23. Exit signs shall direct occupants to egress through the alley to the public street (Acacia
Avenue) when the outdoor dining area prevents direct exit.
24. The applicant shall obtain a separate building permit for installation of the covered tent/
membrane structure prior to the effective date of this limited term permit (January 1,
2022).
25. The application shall provide additional information regarding the size and location of
the tent. The tent area must comply with the California Building Code Section3102,
3103, and 3105 as applicable.
Fire Department
26. Fire lane(s) shall be identified on the plan.
27. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
28. 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.
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29. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three-foot clearance in all directions.
30. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
31. 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.
32. 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.
33. 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):
Post maximum occupant load.
Do not exceed posted occupant load inside the tent or canopy.
Visible and Mounted Fire Extinguishers with current service tags.
No Smoking Signs shall be installed.
Illuminated Exit Signs shall be installed.
Emergency Lighting shall be provided.
Exit doors are not to be blocked and are to remain accessible as exits while the
tent is occupied.
All interior decorative fabrics or materials shall be flame resistant. Provide
Certificates of Flame Resistance.
If Propane is used, a permit is required: Cooking and heating equipment shall not
be located within 10 feet of exits or combustible materials.
LPG containers shall be located outside and be adequately protected and secured,
and a permit will be required. Open flame or other devices emitting flame, such as
candles, are not permitted inside or within 20 feet of the tent, canopy, or temporary
membrane structure.
Tents and canopies shall have the State Fire Marshall tag indicating fire resistance.
Tents and canopies shall be designed and installed to withstand the elements of
the weather and prevent collapsing through weights and ground anchorage.
15
Zoning Administrator Resolution No. ZA2021-###
Page 12 of 12
09-30-21
Public Works Department
34. The Applicant shall install and maintain a substantial physical barrier (water-filled traffic
barrier or K-rail) at both ends of the closed drive aisle. Appropriate signage shall be placed
at the driveway indicating that it is closed to vehicular traffic.
35. 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.
36.
prohibited.
37. Public eating/dining at tables shall not be situated on top of energized vault lids, energized
underground structures, or next to vent pipes, etc.
38. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided in Attachment No. ZA 3.
39. The restaurant shall not utilize valet services unless a valet operations plan has been
approved by the Public Works Department. Valet operations in the public right-of-way shall
be prohibited.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Limited Term Permit No. XP2021-030 and Coastal
Development Permit No. CD2021-059
(PA2021-226)
2325 East Coast Highway
Subject Property
18
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
19
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: Corona del Mar Restaurant ETUP and ECDP (PA2020-086)
Emergency Temporary Use Permit No. UP2020-015
Emergency Coastal Development Permit No. CD2020-031
Site Location 2325 East Coast Highway
Applicant River Jetty CDM
Property Owner Allyson Presta of Blackbird Investments
On June 10, 2020, the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-015 and Emergency Coastal Development Permit No. CD2020-
031. 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 outdoor dining patio (approximately 575 square feet, 30 seats) within an existing
private drive aisle.
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 575-
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.
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June 10, 2002
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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,
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 permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements;
5. 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;
6. 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;
7. The proposed outdoor dining patio shall not operate after 9:00 p.m. and amplified
sound shall not be permitted to ensure neighborhood compatibility;
8. The overall plan includes appropriate delineation of outdoor use spaces with physical
barriers or markers;
9. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA);
10. The operation plan ensures safe circulation and queueing for all drivers and
pedestrians in the area;
11. There is adequate parking available to serve the proposed operation; and
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June 10, 2002
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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. Public comment on this action was not feasible in the interest of time;
3. 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;
4. 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.; and
5. 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 is authorized, subject to the conditions set forth
below. Any additional changes require separate review and may necessitate
separate authorization from the Director. The extended outdoor dining patio shall
operate in substantial conformance with the site plan shown 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. The hours of hours of operation of the area modified as part of this Emergency
Temporary Use Permit shall not extend beyond 9:00 P.M.
4. No amplified sound shall be permitted in the extended outdoor dining patio.
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5. The overall occupant load for the establishment shall not increase as part of this
Emergency Temporary Use Permit.
6. The extended outdoor dining patio shall be limited to approximately 575 square feet
and 30 seats. The extended dining patio shall not block the stairway to the second
floor level.
7. Any areas used for temporary dining shall be made accessible to disabled persons.
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.
10. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
11. 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.
12. 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
13. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. An accessible path to all functional area shall be provided.
b. An accessible path to seating shall be provided with a minimum 5% slope.
c. Access to restrooms shall be provided at all times.
d. Accessible parking stalls shall not be used for seating areas when onsite
parking is 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.
14. 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.
15. Accessible seating at tables or counters shall provide knee clearance of at least
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Corona del Mar Restaurant ETUP and ECDP (PA2020-086)
June 10, 2002
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16.
floor.
17. Exit signs shall direct occupants to egress through the alley to the public street
(Acacia Avenue) when the outdoor dining area prevents direct exit.
Fire
18. All building exits shall remain free and clear of any obstacles that would impede
exiting from a building or suite and accessing the nearest public right-of-way.
Public Works
19. The temporary outdoor dining area shall provide blue painted potted planter barriers
at the drive aisle ends to delineate the outdoor dining area. Other patio areas shall
be delineated with stanchion and rope barriers.
20. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
21. 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
22. 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.
23. 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.
24. 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.
25. 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,
24
Corona del Mar Restaurant ETUP and ECDP (PA2020-086)
June 10, 2002
Page 6
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disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner r this
Emergency Temporary Use Permit and Emergency Coastal Development Permit
for Corona del Mar Restaurant. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees,
and other expenses incurred in connection with such claim, action, causes of
action, suit or proceeding whether incurred by applicant, City, and/or the parties
initiating or bringing such proceeding. The applicant shall indemnify the City for all
of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
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,
Senior Planner
Attachments: CD 1 Filed Application
CD 2 Written Project Description
CD 3 Site Plan Diagram and Supporting Photographs
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
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Attachment No. CD 1
Filed Application
26
27
28
29
30
31
32
Attachment No. CD 2
Written Project Description
33
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Attachment No. CD 3
Site Plan and Supporting Photographs
35
CdM Restaurant Site PlanBright blue painted planter pots 48-inch wide accessible path of travelExpanded outdoor patio area with stanchion and rope barrier 575 sq. ft., 30 seats 10 ft. 65 ft. 36
From:Jordan Otterbein
To:Nova, Makana
Subject:Blocked entrance
Date:Friday, June 05, 2020 11:59:50 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
CDM restaurant
Jordan Otterbein
Managing Partner
jordan@riverjettyrg.com
37
38
39
Attachment No. ZA 4
SCE Clearance Decals
40
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
41
42
D5443
Tmplt: 05/27/20
Attachment No. ZA 5
Project Plans
44
Seated Patio Space Under Tented Structure: 5161sq ft) Walk-Way and Stairs to CDM Entrance main entrance CDM RESTAURANT ALLEY PCH Driveway Entrance Porte Cochere Back Patio to be reduced and removed. (385sq ft) Substantial barriers Substantial barriers Signage notifying vehicles of drivewayclosure 45