Loading...
HomeMy WebLinkAbout09_The Peninsula Lounge Limited Term Permit and CDP_PA2021-195CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT December 16, 2021 Agenda Item No. 9 SUBJECT: The Peninsula Lounge Temporary Outdoor Expansion (PA2021-195) ▪Limited Term Permit No. XP2021-017 ▪Coastal Development Permit No. CD2021-045 SITE LOCATION: 2406 Newport Boulevard APPLICANT: RPM Enterprises, LLC OWNER: James Boys, LLC PLANNER: Benjamin M. Zdeba, AICP, Senior Planner 949-644-3253, bzdeba@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 A limited term permit and coastal development permit to consider allowing a 6,200-square- foot expanded dining area that was previously authorized through Emergency Temporary Use Permit No. UP2020-160 (PA2020-278) for up to a one-year term (January 1, 2022, through December 31, 2022). Staff is recommending the temporarily expanded area be reduced to no more than 1,000 square feet, which is consistent with other establishments with temporarily expanded outdoor operations. 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. XP2021-017 and Coastal Development Permit No. CD2021-045 (Attachment No. ZA 1). 1 The Peninsula Lounge Temporary Outdoor Expansion (PA2021-195) Zoning Administrator, December 16, 2021 Page 2 Tmplt: 05/27/20 DISCUSSION • A request to allow a 6,200-square-foot expanded dining area that was previously authorized through Emergency Temporary Use Permit No. UP2020-160 (PA2020- 278) for up to a one-year term (January 1, 2022, through December 31, 2022). Staff is recommending the temporarily expanded area be reduced to no more than 1,000 square feet, which is consistent with other establishments with temporarily expanded outdoor operations. • The expanded dining area authorized by Emergency Temporary Use Permit No. UP2020-160 (PA2020-278) has not posed a hazard to the general welfare of persons residing in the area. While complaints have been received regarding the operation related to noise, staff believes the 5,200-square-foot reduction will result in a more limited operation that should help alleviate any future noise issues. Furthermore, the operation of the expanded dining area is limited up to one (1)-year beginning January 1, 2022 and has been reviewed and conditioned to help preclude any detriment to the general welfare of the area. • Outdoor dining areas are common in the Balboa Peninsula area and 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 allow the establishment to close by 2 a.m., daily. As conditioned, the temporary outdoor dining area will close by 10 p.m., daily. This will help to ensure there are no impacts to surrounding uses in the neighborhood. • The current expanded dining area occupies a portion of the parking lot and takes up 12 on-site parking spaces. The reduced temporary outdoor area will occupy a smaller area and is expected to occupy no more than five parking spaces. • The subject lot is accessed from Newport Boulevard. A surface parking lot is provided on-site, with additional metered street parking on Balboa Boulevard. Given the recommended reduction in area, there will be sufficient parking provided on-site and no traffic issues are anticipated with the continued use of the temporarily expanded dining area for a one-year duration. • The City is undergoing an analysis of parking rates, including rates related to food service and outdoor dining. Initial findings and recommendations of this study were presented at a City Council study session on November 30. Preliminarily, the study found that food service parking requirements should be lowered and that rideshare service drop-off/pick-up areas or alternative modes of transportation should be considered. This information will ultimately inform future revisions to the Zoning Code, which may support future use permit amendments for permanent outdoor dining areas. 2 The Peninsula Lounge Temporary Outdoor Expansion (PA2021-195) Zoning Administrator, December 16, 2021 Page 3 Tmplt: 05/27/20 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. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The proposed scope of work is a maximum 1,000-square-foot expanded outdoor dining patio at an existing establishment for a up to a one-year limited term (January 1, 2022, through December 31, 2022) 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. A fee is not required to appeal any final action on a coastal development permit to the Planning Commission. The project site is located within the appeal area of the coastal zone; therefore, final action by the City may be appealed to the California Coastal Commission. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: __________________________ Benjamin M. Zdeba, AICP, Senior Planner 3 The Peninsula Lounge Temporary Outdoor Expansion (PA2021-195) Zoning Administrator, December 16, 2021 Page 4 Tmplt: 05/27/20 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 4 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2021-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LIMITED TERM PERMIT NO. XP2021-017 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-045 TO ALLOW A TEMPORARILY EXPANDED OUTDOOR DINING AREA LOCATED AT 2406 NEWPORT BOULEVARD (PA2021-195) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by RPM Enterprises, LLC, with respect to property located at 2406 Newport Boulevard, and legally described as Parcel No. 1 of Parcel Map 57-25 (Resubdivision No. 375), requesting approval of a limited term permit and a coastal development permit. 2. A request to allow a 6,200-square-foot expanded dining area that was previously authorized through Emergency Temporary Use Permit No. UP2020-160 (PA2020-278) for up to a one (1)-year term (January 1, 2022, through December 31, 2022). Staff is recommending the temporarily expanded area be reduced to no more than 1,000 square feet, which is consistent with other establishments with temporarily expanded outdoor operations. 3. The subject property is categorized 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 December 16, 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. 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical 6 Zoning Administrator Resolution No. ZA2021-___ Page 2 of 11 09-30-21 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 scope of work is a maximum 1,000-square-foot expanded outdoor dining patio at an existing establishment for up to a one (1)-year limited term (January 1, 2022, through December 31, 2022) and qualifies under the parameters of the Class 1 and Class 3 exemptions. 3. The exceptions to the Class 3 Categorical Exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Limited Term Permit In accordance with Section 20.52.040(G) (Limited Term Permits) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: A. The operation of the limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the requested limited duration use; Facts in Support of Finding: 1. The limited term permit will allow an extended and expanded outdoor dining patio for up to a one (1)-year term (January 1, 2022 through December 31, 2022) while the City reconsiders its parking requirements related to food service uses. The existing food service use is authorized through Use Permit No. UP1581 and its subsequent amendments. 2. The expanded dining area authorized by Emergency Temporary Use Permit No. UP2020- 160 (PA2020-278) has not posed a hazard to the general welfare of persons residing in the area. While complaints have been received regarding the operation related to noise, staff believes the 5,200-square-foot reduction will result in a more limited operation that should help alleviate any future noise issues. Furthermore, the operation of the expanded dining area is limited up to one (1)-year beginning January 1, 2022 and has been reviewed and conditioned to help preclude any detriment to the general welfare of the area. 7 Zoning Administrator Resolution No. ZA2021-___ Page 3 of 11 09-30-21 3. Outdoor dining areas are common in the Balboa Peninsula area and have been used at the subject property during similar hours in the past; and the use has not proven detrimental. The existing establishment is allowed to be open until 2 a.m., daily. However, in order to ensure harmony with other nearby nonresidential and residential uses, the temporary outdoor dining area is conditioned to close by 10 p.m., daily. 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 plan includes appropriate delineation of outdoor use spaces with physical barriers or markers. Finding: B. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot; Facts in Support of Finding: 1. The subject lot is 14,746 square feet and is developed with a single-tenant commercial building currently occupied by The Peninsula Lounge. In 2020, the establishment was authorized a temporarily expanded area of 6,200 square feet, occupying twelve (12) parking spaces. Given the recommendation is for a 5,200-square-foot reduction, it is anticipated there is more than adequate area to accommodate the expanded dining area without impacting pedestrian circulation and coastal access. 2. The lot is bounded by Newport Bay to the east, Newport Boulevard to the west, and commercial uses to the north and south. Existing food service uses with outdoor dining and commercial tenants are located at this site and nearby. The expanded outdoor dining use will not impede use and enjoyment of other users in the area and will instead add to the ambiance and character of the Balboa Peninsula. 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; 8 Zoning Administrator Resolution No. ZA2021-___ Page 4 of 11 09-30-21 Facts in Support of Finding: 1. The subject lot is accessed from Newport Boulevard. A surface parking lot is provided on- site, with additional metered street parking on Balboa Boulevard. Given the recommended reduction in area, there will be sufficient parking is provided on-site and no traffic issues are anticipated with the continued use of the temporarily expanded dining area for a one (1)-year duration. 2. It is also notable that the City is undergoing an analysis of parking rates, including rates related to food service and outdoor dining. Initial findings and recommendations of this study were presented at a City Council study session on November 30. Preliminarily, the study found that food service parking requirements should be lowered and that rideshare service drop-off/pick-up areas or alternative modes of transportation should be considered. This information will ultimately inform future revisions to the Zoning Code, which may support future use permit amendments for permanent 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. A food service use with outdoor dining has operated at the subject property since the 1970s. The existing surface parking lot has historically served as the primary parking supply for patrons. With the reduction in size, the parking is expected to adequately accommodate the temporary use for up to a one (1)-year term (January 1, 2022 through December 31, 2022). 2. The expanded dining area will not impede pedestrian access to the waterfront. Finding: E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: 1. The General Plan land use category for this site is MU-W2 (Mixed-Use Water 2). The MU- W2 designation is applied to waterfront locations in which marine-related uses may be intermixed with buildings that provide residential on the upper floors. The expanded outdoor dining use is accessory to the existing food service use with outdoor dining, will be utilized for a limited duration on-site, and will not impede use of the site consistent with the MU-W2 designation. 9 Zoning Administrator Resolution No. ZA2021-___ Page 5 of 11 09-30-21 2. The site is located in the MU-W2 (Mixed-Use Water) 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 MU-W2 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 Balboa Peninsula area in that it provides amenities that support visitors to the area and provides a social gathering place for those who live and work in the neighborhood, consistent with General Plan Land Use Element Goal LU2, below. Additional benefits include providing opportunities for the continuation of local businesses that generate sales tax and provide opportunities for employment, which is consistent with General Plan Land Use Element Policy LU 2.4 (Economic Development), also copied below: Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City’s diverse recreational amenities, and protect its important environmental setting, resources, and quality of life. Policy LU 2.4 Economic Development Accommodate uses that maintain or enhance Newport Beach’s fiscal health and account for market demands, while maintaining and improving the quality of life for current and future residents. (Imp 1.1, 24.1) 4. Council Policy D-9 recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community. The policy recognizes the need to provide effective and efficient structures for implementing economic programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy economy while preserving the unique commercial villages in Newport Beach. The proposed limited term permit would support a local business and economic prosperity while maintaining the unique character of the Balboa Peninsula 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. 10 Zoning Administrator Resolution No. ZA2021-___ Page 6 of 11 09-30-21 Facts in Support of Finding: 1. The project site is not located adjacent to a coastal view road or coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is near Marina Park, which is approximately 2,500 feet east from the project site. The expanded outdoor dining area complies with all applicable Local Coastal Program (LCP) development standards and maintains an area consistent with the existing pattern of development in the 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. As conditioned, there will be a substantial barrier installed within the on-site parking lot to delineate the reduced outdoor dining area. 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 (ESHA) 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 visit coastal areas and provides an added amenity for visitors. The proposed operation does not contain ESHA, wetlands, or sandy beach area. 5. Development authorized is not located in an area in which the California Coastal Commission retains direct permit review authority. Finding: G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. 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 21st and 26th Streets, as well as through the Vue Newport development. Lateral access is provided via a 5-foot pedestrian 11 Zoning Administrator Resolution No. ZA2021-___ Page 7 of 11 09-30-21 easement abutting the Newport Bay to the southeast along the Vue Newport development. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) and 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. XP2021-017 and Coastal Development Permit No. CD2021-045 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. 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 16TH DAY OF DECEMBER, 2021. _____________________________________ Jaime Murillo, Zoning Administrator 12 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 stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The approval of this Limited Term Permit and Coastal Development Permit shall be effective from January 1, 2022, to December 31, 2022, unless an extension is granted by the Zoning Administrator in compliance with Municipal Code Sections 20.52.040(J) (Extension of Limited Term Permit) and 21.54.060 (Time Limits and Extensions). The Applicant shall be required to cease all permitted operations and remove any temporary improvements made to the outdoor spaces as part of this approval at the end of the effective period. 3. Prior to continuing use in 2022, the expanded dining area shall be re-designed and re- configured to not exceed 1,000 square feet. The new design is subject to review and approval of the Building Division, Fire Department, and Public Works Department. 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 p.m., daily. 5. There shall be no use of amplified sound and/or live entertainment in the temporarily expanded outdoor area. 6. There shall be no music or sound played from the interior that is audible to patrons in the temporarily expanded outdoor area. 7. The Applicant shall install and maintain a physical barrier between any area used and adjacent common pedestrian walkways in accordance with the requirements of the State Department of Alcoholic Beverage Control. 8. The Applicant shall obtain and maintain authorization from the State Department of Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of alcohol is under the control of the Applicant. The establishment shall abide by all applicable regulations of the State Department of Alcoholic Beverage Control. 9. 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. 13 Zoning Administrator Resolution No. ZA2021-___ Page 9 of 11 09-30-21 11. The permittee shall provide adequate trash receptacles within the permitted patio 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 project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 13. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 14. This Limited Term Permit and Coastal Development Permit 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. 15. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Limited Term Permit and Coastal Development Permit. 16. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of this Limited Term Permit No. XP2021- 017 and Coastal Development Permit No. CD2021-045 (PA2021-195) for The Peninsula Lounge Temporary Outdoor Expansion. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Building Division 17. 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. 14 Zoning Administrator Resolution No. ZA2021-___ Page 10 of 11 09-30-21 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). 18. 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 19. 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. 20. All Fire Department devices (fire hydrants, fire department connections, water valves, etc.) shall have a three-foot clearance in all directions. 21. Fire Department devices shall not be covered, blocked or otherwise hidden from plain view. 22. 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. 23. 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. 15 Zoning Administrator Resolution No. ZA2021-___ Page 11 of 11 09-30-21 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. Public Works Department 24. 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. 25. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be prohibited. 26. Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc. 27. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples provided. 16 Attachment No. ZA 2 Vicinity Map 17 Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 12/8/2021 0 400200 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: The Peninsula Lounge (PA2020-278) ▪ Emergency Temporary Use Permit No. UP2020-160 Site Location 2406 Newport Boulevard Applicant RPM Enterprise, LLC c/o Ricardo “Rick” Martinez Property Owner James Boys, LLC On November 4, 2020 the Community Development Director approved Emergency Temporary Use Permit No. UP2020-160. This approval is based on the following findings and subject to the following conditions. I. SUMMARY OF PROPOSED MODIFIED OPERATION The Applicant proposes the temporary addition of an outdoor dining area immediately in front of The Peninsula Lounge at 2406 Newport Boulevard. The temporary outdoor dining area will occupy 12 on-site parking spaces and will not impede the drive aisle or circulation to the remaining parking spaces. Adequate fire and emergency access will be maintained. The approximately 6,200-square-foot area will have a maximum of 20 tables with up to four (4) chairs each and there will be no walk-up bar areas. The maximum outdoor occupant load will be 72 patrons. As conditioned, there will be no outdoor games or dancing allowed. All tables will be adequately separated such that strict adherence to State guidance on social distancing is followed. II. CEQA DETERMINATION The proposed operation is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency), Section 15301 Class 1 (Existing Facilities) and Section 15303 Class 3 (New Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Section 15269 allows specific actions necessary to prevent or mitigate an emergency. The Class 1 exemption includes the 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 DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 20 The Peninsula Lounge (PA2020-278) November 4, 2020 Page 2 Tmplt: 05/22/2020 amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The project includes an expanded outdoor dining area of approximately 6,200 square feet (not floor area) and meets these criteria. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions. III. EMERGENCY TEMPORARY USE PERMIT FINDINGS In this case, the Community Development Director has found that the temporary use would not create a hazard to the health, safety, or welfare of the community for the following reasons: 1. The operation authorized by this Emergency Temporary Use Permit is temporary and only valid during the emergency order established by Emergency Ordinance No. 2020-005. 2. The project, 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 permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements. 5. The plan includes temporarily occupying a total of 12 parking spaces for the outdoor dining area with appropriate delineation and temporary substantial physical barriers or markers. 6. The proposed operation has been reviewed by and is acceptable to the Building Safety Division, Fire Prevention, and the Public Works Department. Conditions of Approval are included to help ensure this operation is not detrimental. 7. The proposed operation does not constitute an increase in the overall occupant load beyond what the existing Use Permit and/or Certificate of Occupancy allow. 8. The proposed operation does not extend any outdoor dining hours of operation beyond those currently permitted by UP1581 (2:00 a.m. closing hour). As conditioned, the temporary outdoor dining area will close by 10 p.m., daily. 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). The parking spaces for ADA will always remain clear and accessible for parking. DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 21 The Peninsula Lounge (PA2020-278) November 4, 2020 Page 3 Tmplt: 05/22/2020 10. The proposed operation does not contain ESHA, wetlands, or sandy beach area. 11. The proposed development will not result in the erection of any permanent structures valued at more than $25,000. 12. This action meets the criteria for a waiver of permitting requirements under Section 30611. Coastal Development Permit Waiver Request No. 4 obviates the need for emergency Coastal Development Permits (CDPs) or for any required follow-up CDP’s that would normally be required after issuance of emergency CDPs, so long as the development conforms with that described in the California Coastal Commission letter dated August 21, 2020 and City Council Emergency Ordinance 2020-005. IV. CONDITIONS OF APPROVAL 1. Only that specifically described above and depicted in the attached site plan is authorized, subject to the conditions set forth below. Any additional changes require separate review and may necessitate separate authorization from the Director. The expanded dining area shall be in substantial conformance with the exhibit provided in Attachment No. CD 4. 2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions and any restrictions set forth in an applicable discretionary permit regulating uses, nonconforming uses, development standards, parking requirements, 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 proposed operation does not extend any hours of operation beyond those currently permitted by UP1581 (2 a.m. closing). The temporary outdoor dining area shall close by 10 p.m., daily. 4. All owners, managers, and employees selling and serving alcohol shall comply with all ABC guidelines and regulations and shall further take all measures necessary to prevent over-service of alcohol and/or disorderly conduct from patrons. Increased calls for Police Department service to the establishment or complaints made to the City will cause a review of operations and may result in a revocation of this Permit. 5. The use of amplified sound within the temporary area shall be prohibited. 6. The expanded outdoor dining area shall not exceed the 6,200-square-foot area depicted on Attachment No. CD 4 and shall never be occupied by more than a maximum of 72 patrons. 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. DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 22 The Peninsula Lounge (PA2020-278) November 4, 2020 Page 4 Tmplt: 05/22/2020 7. There shall be no more than twenty (20) tables within the temporarily expanded area. Said tables shall be table-height (36 inches high maximum) to maintain a family-friendly atmosphere. 8. There shall be no more than four (4) seats per table within the temporarily expanded area. 9. There shall be no outdoor games and/or dancing allowed within the temporarily expanded area. 10. Walk-up bar areas are prohibited within the temporarily expanded area. 11. The Applicant and all parties involved in the restaurant’s operation shall ensure that strict adherence to the most current State guidance on face coverings and social distancing is followed by all patrons and employees at all times. 12. The applicant shall obtain and maintain authorization from the State Department of Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of alcohol is under the control of the applicant. The establishment shall abide by all applicable regulations of the ABC. 13. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded outdoor patios shall be prohibited. 14. The establishment shall abide by all applicable Orange County Health Care Agency requirements. 15. 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. 16. 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. 17. A security plan shall be in place with adequate security personnel available for crowd control. BUILDING 18. Any areas used for temporary commercial or institutional use shall be accessible to disabled persons as follows: a. An accessible path to all functional areas shall be provided. b. Access to restrooms shall be provided at all times. DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 23 The Peninsula Lounge (PA2020-278) November 4, 2020 Page 5 Tmplt: 05/22/2020 c. Accessible parking stalls shall not be used for seating areas when onsite parking is provided. d. Accessible seating at tables or counters shall provide knee clearance of at least 27 inches high, 30 inches wide and 19 inches deep. e. Detectable warnings are required when pedestrian paths cross or are adjacent to a vehicular way where no physical barrier are provided to separate the two. 19. All exiting paths shall be a minimum 36 inches free and clear. All public walks and sidewalks shall be a minimum 48 inches free and clear. 20. All tops of dining and work surfaces shall be 28 inches to 34 inches above the finish floor. 21. Accessible routes, including under canopy(ies) must maintain a minimum clear height of 80 inches. 22. Canopy is not allowed nor is any other combustible material over the barbeque area. 23. Provide minimum (2) 36 inches clear wide openings at barrier line for exiting. Openings and path to public right of way shall not be obstructed. 24. Disabled access stalls (2) shall be maintained and not permitted to be used as temporary dining areas. Restriping of these stalls must be per details provided in the attached site plan. PUBLIC WORKS 25. A significant barricade (k-rail, water-filled barrier or other barrier approved by the Public Works Department shall be provided between the proposed outdoor dining area and the drive aisle, sidewalk and adjacent property. This barricade shall also be provided between the outdoor dining area and the ADA parking stall. 26. The dining area including the substantial barricade (k-rails) shall not obstruct the existing drive aisle. 27. Provide a minimum 12-foot wide north-south parking aisle for parking lot circulation in remainder of existing parking lot (remove at least the two parking curbs). 28. Any re-striped standard parking spaces shall comply with City Standard No. 805- L-A. 29. There shall be a minimum of 5 feet of space around all overhead facilities, such as poles and 15 feet of space around all underground facilities, such as poles and 15 feet of space around all underground facilities, such as vault lids, manholes, vent pipes, pad-mounted transformers, etc. DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 24 The Peninsula Lounge (PA2020-278) November 4, 2020 Page 6 Tmplt: 05/22/2020 30. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be prohibited. 31. Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc. 32. Expanded outdoor dining areas shall adhere to the SCE Clearance Decal examples provided in Attachment No. CD No. 2. FIRE 33. Fire lane(s) shall be identified on the plan. 34. Parking, displays, seating or other obstacles that interfere with emergency vehicles and personnel shall not be permitted in fire lanes. 35. 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. 36. 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. 37. Fire department devices shall not be covered, blocked, or otherwise hidden from plain view. MISCELLANEOUS 38. The Community Development Director or designee may inspect the modified area at any time during normal business hours. 39. 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. 40. 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 41. This temporary authorization shall expire fourteen (14) days after the emergency order established by Emergency Ordinance No. 2020-005 is terminated or repealed. DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 25 The Peninsula Lounge (PA2020-278) November 4, 2020 Page 7 Tmplt: 05/22/2020 42. 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. 43. 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 The Peninsula Lounge. 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, _____________________ Benjamin M. Zdeba, AICP Senior Planner Attachments: CD 1 Filed Application CD 2 SCE Clearance Decal examples CD 3 Additional Materials CD 4 Site Plan Diagram DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 26 The Peninsula Lounge (PA2020-278) November 4, 2020 Page 8 Tmplt: 05/22/2020 Applicant and Permit Recipient Acknowledgement and Agreement I hereby acknowledge that I have received a copy of this permit and that I have read and understand the permit and all conditions. I hereby agree to operate the authorized use consistent with this permit including the project description, approved site plan diagram, findings, and conditions of approval. This is an approved and executed permit and it constitutes a contract between the City and Permittee for all purposes. Applicant Name and Title Signature Date DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 Ricardo "Rick" Martinez 11/6/2020 General Manager 27 The Peninsula Lounge (PA2020-278) November 4, 2020 Page 9 Tmplt: 05/22/2020 Attachment No. CD 1 Filed Application DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 28 Community Development Department Planning Permit Application 1.Check Permits Requested:D Approval-in-Concept -AIC #D Lot Merger D Coastal Development Permit D Limited Term Permit -□Waiver for De Minimis Development D Seasonal D < 90 day 0>90 days D Coastal Residential Development D Modification Permit D Condominium Conversion D Off-Site Parking Agreement D Comprehensive Sign Program D Planned Community Development Plan D Development Agreement D Planned Development Permit D Development Plan D Site Development Review -D Major D Minor D Lot Line Adjustment D Parcel Map 2.Project Address(es)/Assessor's Parcel No(s)I d-YC6 A.J�Po�T ·,J . ' 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca .gov/ commun itydevelopment D Staff Approval D Tract Map D Traffic Study D Use Permit -□Minor □ConditionalD Amendment to existing Use Permit [!] Emergency Temp. Use Permit/CDP D Variance □ Amendment -□Code □PC □GP □LCPD Other: b33.Project Description and Justification (Attach additional sheets if necessary): !sa A-r-r-ll{.tt60 ll(.,,, 4.Applicant/Company Name I "R.P1>1 /itJ� 5F Mailing Address ! 'iJY06 NfNfOR...1 13 l.1/!) City I tJe>Jfoll,H • I State I C--1- I I Suite/Unit ';::::======'I, I Zip I '?J-663 I ph I Cui� '"-Ts-l I F I Ema·,1 IR q,v5;0 fr1one -l'ttu br, ax�-----'· ,, 11111 L-t O,?'J j 5.Contact/Company�N�a�m�e:....:l::::R.==1c=/l=======:::::::::::'.::::::::::::::::::==:::===============.---------;==========::;'I Mailing Address I "i)lfCb fUJ.sr LVO Suite/Unit ';::I =============:I City I Ve,Jf�T t)F1fc1t State ,__I ---;::c=·17========-' �Z�ip:..:::I =r:�=6=3===�1 Phone IJ..tJ � Jl5' J 3s..t Fax �-----'I Email ,.._I (_R_F,_:,1-t;_:;,_-;_CP?_�_-lj.,_m,fl __ L._C_D_>i'1'}_ __,I 6.Property Owner Namel 0 '11YIE3 13oy.s L l C Mailing Address Ii/) 'i 3J !:,9 57- I Suite/Unit ';:I :::::::::.B�=======',State I I Zip I 1J-6b3 I 7. City I /Jc)v()ott1 Phone I 7!3/9Jl ' 711 depose and say that (I certify, under penalty oherewith sub · d are i Fax �I ---�' Email I .5'Ttv'eJ..J�B 5'3@-1/J 0-CD#! I A::'lL I Date: I qjJ'I/JO'JO ; DD/MO/YEAR Signature(s): _______________ Title: ,__ _________ _, Date: ,.__ ____ __, *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with theapplication. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. \lcnb.lcMata\Users\CDD\Shared\Admin\Planning_Division\Applications\Covid-19 application update\Planning Permit Application -Covid-19.docx Rev: 05/18/2020 PA2020-278 111'1'1 ----- -----------~ lb Property Owner's Affidavit*: (I) (We) '-I R_t _i_tA-Q.p __ ~_-'-('fi-~_17_1_>.)_1;_2-___________ _, m) (we a ) the ner(s) of the property (ies) involved in this application. (I) (We) furthe( perjury, t t the f egoing statements and answers herein contained and the information all respec true a correct to the best of (my) (our) knowledge and belief. _...__ itle: I ye,Jt;)l,lrL (1,1,J#.. J ----- DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 29 PA2020-278 City of Newport Beach, This letter is accompanied by a application for outdoor service for a new business, The Peninsula Lounge at 2406 Newport Blvd. Newport Beach, CA 92663. (Business license number: BT30072958) I am the new general manager for the new venue at this location, we understand that there have been some issues with the past business, Peninsula Kitchen & Bar. We are as our business license reflects, a different entity, with a different ownership and management, we intend on, if permited by the City of Newport Beach, operating within the guidelines set by the city; our capacity, city and state guidelines will be adhered to. We are submitting paperwork that has information previously requested and approved by t he City of Newport Beach in hopes that we may have the opportunity to operate such; in a controlled safe environment with the guidelines set by the city and state. As a new business in the City of Newport Beach, we are committed to change the perception of this location and its past reputations and/or incidents, we will strive to set standards for our team and guests that will reflect only positively on the City of Newport Beach, it's community and visitors. Thank you for yoL help with 213.215.3356 General Manager The Peninsula Lounge Newport Beach, CA is matt r, DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 30 Attachment No. CD 2 SCE Clearance Decal examples DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 31 SOUTHERN CALIFORNIA EDISON TRANSMISSION AND DISTRIBUTION BUSINESS UNIT Approved Decals June 8, 2020 DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 32 DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 33 D54 DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 34 Tmplt: 05/22/2020 Attachment No. CD 3 Additional Materials DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 35 SEQUENCE OF SERVICE 1. Guests arrive and are greeted by hosts and/or manager with a warm smile. a. Follow the 5/10 rule. Make eye contact with guests when they are 10 feet radius of you an acknowledge guess when they are 5 feet away from you. Keep eye contact and focus on the guests instead of what is going on around you. 2. Following COVID-19 safety precaution ask the reservation if the entire party is present. If the entire is not present kindly asks they wait outside until their whole party has arrived. Before escorting the party to the table verify that all guests are wearing their face masks and remind them of the requirements and guidelines when seated. 3. Review reservation for any special events or celebrations prior to seating to print and hand CHIT sheet to manager and server. All CHIT sheets must include reservation name, size, and occasion. All CHIT sheets with allergies or dietary restrictions must be reviewed by manager and Chef to ensure any safety precautions. 4. Escort guests to their table following 6 feet social distancing in between. Although it is always standard and welcomed to pullout a chair for our service, because of COVID-19 we ask that our hosts simply walk our guests to their assigned table and show them to their seats with an open palm and stand aside. Hand guests’ menus or let them know about any QR codes scan for mobile menus. 5. Server greets table within 60 seconds of the guests being seated. 6. Offer water, include bottled still and sparkling. Review the beverage menu, wine list, and cocktails. Server begins menu and restaurant spiel and takes drink order. 7. Drink order is placed on the computer. Include seat numbers if you are not able to take the drinks to the table so the manager or colleague can serve the correct beverage to the guest. 8. Server returns to the table with drinks and ask guests if there are any questions. Allowing proper time for guests to be ready the server ask if they would like to place their food order. 9. Server returns to the computer and places food order to the kitchen. Review whether there are any allergies or restrictions the Chef and manager need to be aware of. 10. Server mis en place for first course or if needed. a. MIS EN PLACE: French culinary term meaning “everything in its place”, “put in place”, “to be set up” DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 36 SEQUENCE OF SERVICE 11. First Course or full meal is served 12. Server checks back within 2 minutes both visually and verbally to ensure service is correct. 13. Table maintenance is performed, crumbing, removal of any items such as wet napkins, coaster, wrappers from straws, unused plates or utensils. 14. Repeat steps 10-13 if there are multiple courses or if need be. 15. After main course or full meal is finished the entire table should cleared and wiped down leaving only their drinks. 16. Offer dessert, coffee, tea, after dinner beverages, etc. 17. If dessert is ordered, mark the table with utensils needed for their pastry and plates if need be. 18. After dinner beverage should be maintained until guests are ready for their check or to leave. 19. Deliver the check, with a thank you and eye contact to the table. 20. Retrieve payment withing at least 1 minute of their placement. 21. Process the check with payment, always reviewing payment went accordingly. 22. Return to the table with complete payments and thank them once again before their departure. 23. Team resets the table to standards. DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 37 Peninsula Security Plan In efforts to keep the allowed guest capacity by the state and city we have increased the number of security guards on-premises, if allowed by the City of Newport Beach to operate outdoors, we would have the following security detail: Sunday thru Thursday ▪ one guards at the entrance of the temporary emergency outdoor seating ▪ one guard at the restaurant's main entrance ▪ one in the downstairs dining room ▪ one in the upstairs dining room Friday and Saturday ▪ two guards at the entrance of the temporary emergency outdoor seating ▪ two guard at the restaurant's main entrance ▪ two in the downstairs dining room ▪ two guards in the upstairs dining room ▪ one guard on the staircase The amount of guards will be dictated by the flow of business, these may increase or decrease to best serve our guests and control the cover count throughout business hours DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 38 Outdoor Seating Plan The seating chart attached shows 20 tables ▪ 10 small tables for parties of two guests ▪ 10 large tables for parties of four guests This allows seating for 60 guests within the outdoor service plan, with a small section enclosed by k- bars, the entrance to this section is next to the restaurants main entrance and will be controlled by the guard/s stationed there. Management will rotate throughout the restaurant and throughout the shift, serving as an additional set of eyes in the restaurant. DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 39 Tmplt: 05/22/2020 Attachment No. CD 4 Site Plan Diagram DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 40 PA2020-278 --=--.,......,.,-;;,-· .· ~ Jll!!:j~-----■ f 6,200 square feet ~temporary area - maximum occupancy 72 occupants. All tables shall maintain a minimum 7 feet DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 41 Attachment No. ZA 4 SCE Clearance Decals 42 SOUTHERN CALIFORNIA EDISON TRANSMISSION AND DISTRIBUTION BUSINESS UNIT Approved Decals June 8, 2020 43 44 D5445 Tmplt: 05/27/20 Attachment No. ZA 5 Project Plans 46 PA2020-278 --=--.,......,.,-;;,-· .· ~ Jll!!:j~-----■ f 6,200 square feet ~temporary area - maximum occupancy 72 occupants. All tables shall maintain a minimum 7 feet DocuSign Envelope ID: FFC7F7B6-AD41-407C-B00D-4DC6FAE43A01 47 From:Brian Serra To:CDD Subject:Fwd: The Peninsula Lounge Temporary Outdoor Expansion (PA2021-195) Date:December 15, 2021 3:19:20 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Sent from my iPhone Begin forwarded message: From: Brian Serra <brianserra1@yahoo.com>Date: December 15, 2021 at 11:55:24 AM PSTTo: bzdeba@newportbeachca.govSubject: The Peninsula Lounge Temporary Outdoor Expansion (PA2021-195) Is it possible to amend the recommendation for this application to include nooutdoor speakers for music, paging etc. This would be the same as therecommendation for the adjoining property, Woody’s Warf. The current permithas resulted in excessive late night noise and crowds. We are not opposed to theallowed temporary expansion, just the late night hours and noise. Brian & Vicki Serra125 & 127 26th StreetNewport Beach, CA714 797-5957 Zoning Administrator - December 16, 2021 Item No. 9a Additional Materials Received The Peninsula Lounge Limited Term Permit and CDP (PA2021-195)