HomeMy WebLinkAbout10_El Cholo Limited Term Permit_PA2021-189
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 16, 2021
Agenda Item No. 10
SUBJECT: El Cholo (PA2021-189)
▪ Limited Term Permit No. XP2021-008
SITE LOCATION: 3520 East Coast Highway
APPLICANT: El Cholo Corona del Mar
OWNER: Walter C. Boice
PLANNER: Liz Westmoreland, Associate Planner
949-644-3234, lwestmoreland@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: CC (Corridor Commercial)
• Zoning District: CC (Commercial Corridor)
PROJECT SUMMARY
A request for a limited term and coastal development permit to allow a 520-square-foot
maximum expanded dining area for up to a one-year term (January 1, 2022 through
December 31, 2022). An expanded dining area was previously authorized through
Emergency Temporary Use Permit (ETUP) No. UP2020-030 (PA2020-103) for El Cholo
Corona del Mar.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-008 (Attachment No. ZA 1).
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DISCUSSION
• A request for a limited term and coastal development permit to allow a 520 square-
foot maximum expanded dining area for up to a one-year term (January 1, 2022
through December 31, 2022). An expanded dining area was previously authorized
through Emergency Temporary Use Permit No. UP2020-030 (PA2020-103) for El
Cholo Corona del Mar.
• The proposed outdoor dining area is located adjacent to the existing outdoor patio
area approved under conditional use permit (UP1980A). The additional outdoor
dining area is a logical extension of the existing patio area and is located on private
property.
• A surface parking area is provided across the alley at the rear of the property. The
expanded dining area will not impact any of the parking spaces within this lot. The
existing food service use 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
on the property are typically not operating. Sufficient parking is provided on-site and
no traffic issues are anticipated with the continued use of the expanded dining area.
To date, no complaints regarding the availability of parking have been received.
• 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.
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 520-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
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listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these
exemptions.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. Administrative procedures for appeals are provided in
the Newport Beach Municipal Code Chapter 20.64 For additional information on filing an
appeal, contact the Planning Division at 949-644-3200.
Prepared by:
______________________________
Liz Westmoreland, Associate Planner
law
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. XP2021-008 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 3520 EAST
COAST HIGHWAY (PA2021-189)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by El Cholo Corona Del Mar, with respect to property located at
3520 East Coast Highway, and legally described as Parcel 1 of Resubdivision 645 in the
City of Newport Beach, Orange County, California, requesting approval of a limited term
permit.
2. A request for a limited term to allow a 520-square-foot maximum expanded dining area for
up to a one (1)-year term (January 1, 2022 through December 31, 2022). An expanded
dining area was previously authorized through Emergency Temporary Use Permit No.
UP2020-030 (PA2020-103) for El Cholo Corona del Mar.
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. 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) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 520-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.
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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 is authorized through Use Permit No. UP1980A
which allows 2,250 square feet of interior net public area and 1,026-square-foot outdoor
net public area.
2. The proposed outdoor dining area is located adjacent to the existing outdoor patio area
approved under UP1980A. The additional outdoor dining area is a logical extension of the
existing patio area and is located on private property. The expanded patio is located within
a driveway that connects Coast Highway to the alley in the rear of the property, which is
not currently being utilized. Adequate barriers will be required to protect the expanded patio
area from motorists on Coast Highway.
3. 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.
4. 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 for the restaurant are 11:30 a.m. through 9:00
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p.m., daily. The expanded outdoor dining area would close by 9:00 p.m., Monday through
Thursday, and by 10:00 p.m., Friday through Sunday, as required by Condition No. 4.
4. A condition of approval related to heaters is incorporated as Condition of Approval No. 26.
If the proposed plan is modified to include a tent, then it must comply with the fire
requirements outlined in Condition No. 27.
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.
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 0.19 acre in size and is a gently sloping property adjacent
to East Coast Highway. The existing food service use with outdoor dining has operated at
this location since its original approval in 1980. Based upon the site plan, there is adequate
area to accommodate the expanded dining area without impacting pedestrian circulation,
since the expanded patio is located entirely on private property.
2. The lot is bounded by East Coast Highway to the west with residential properties inland to
the east. To the north is an adjacent office/retail property within Commercial Corridor
zoning district. To the south are additional restaurant (Rose Bakery) and retail properties
within the Commercial Corridor zoning district. Existing food service uses with outdoor
dining and retail tenants are located at this site. The expanded outdoor dining use will not
impede use and enjoyment of the properties in the area and will instead add to the
ambiance and quaint character of Corona del Mar.
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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 East Coast Highway and the alley in the rear of the
property. A surface parking area is provided across the alley. The existing food service
use, (El Cholo), 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 on the
property are typically not operating. Sufficient parking is provided on-site and no traffic
issues are anticipated with the continued use of the expanded dining area.
2. The City is also undergoing an analysis of parking rates including rates related to food
service and outdoor dining. Findings and recommendations of this study are anticipated
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 1980. The existing surface parking lot 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 is located inland of Coast Highway outside of the coastal
zone and will not impede pedestrian access to or parking for 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 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 with outdoor
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dining, will be utilized for a limited duration on-site, and will not impede use of the site
consistent with the CC designation. Outdoor dining is a use that tends to foster additional
pedestrian activity.
2. The site is 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
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 Corona del Mar community.
5. The site is not located within a specific plan area.
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
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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. XP2021-189 subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and Zoning
of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF DECEMBER, 2021.
____________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1.The development shall be in substantial conformance with the approved site plan,
floor plans and building elevations stamped and dated with the date of this approval
(except as modified by applicable conditions of approval).
2.The approval of this Limited Term Permit shall be effective for up to a one (1)-year
term January 1, 2022, to December 31, 2022. The applicant shall be required to
cease all permitted operations and remove any temporary improvements made to
the outdoor spaces as part of this Limited Term Permit on or before December 31,
2022.
3.The expanded dining area shall not exceed 520 square feet in area.
4.The existing allowed hours of operation of the establishment shall not be extended.
The hours of operation of the expanded area as part of this approval shall not extend
beyond 9 p.m., Monday through Thursday, and shall close by 10:00 p.m., Friday
through Sunday.
5.There shall be no use of amplified sound.
6.The applicant shall install and maintain a physical barrier between any area used
and adjacent common pedestrian walkways in accordance with the requirements of the
State Department of Alcoholic Beverage Control.
7.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.
8.The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall
be prohibited.
9.The establishment shall abide by all applicable Orange County Health Care
Agency requirements.
10.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.
11.The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
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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 approval.
14.This Limited Term 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.
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.
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.
XP2021-008 (PA2021-189) for El Cholo. 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.
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.
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19.All tops of dining and work surfaces shall be 28 inches to 34 inches above the finish
floor.
Fire Department
20.Fire lane(s) shall be identified on the plan.
21.Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
22.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.
23.All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three-foot clearance in all directions.
24.Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
25.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.
26.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.
27.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.
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•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.
Public Works Department
28.The Applicant shall install and maintain a substantial physical barrier (water-filled
traffic barrier or K-rail between any area used and adjacent to any street, driveway, or
parking area).
29.There shall be a minimum of 5 feet of space around all overhead facilities, such as
poles, and 15 feet of space around all underground facilities, such as vault lids,
manholes, vent pipes, pad-mounted transformers, etc.
30.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.
14
Attachment No. ZA 2
Vicinity Map
15
VICINITY MAP
Limited Term Permit No. XP2021-008
(PA2021-189)
3250 East Coast Highway
Subject Property
16
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
17
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: El Cholo (PA2020-103)
▪ Emergency Temporary Use Permit No. UP2020-030
Site Location 3520 East Coast Highway
Applicant El Cholo CdM, Inc.
Property Owner Walter C. Boice Family Trust
On June 10, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-030. This approval is based on the following findings and subject
to the following conditions.
I. SUMMARY OF PROPOSED MODIFIED OPERATION
The Applicant proposes to modify operations for the existing El Cholo restaurant to ensure
the safety of its employees and patrons, as described in Attachment No. CD 2. The modified
operations are summarized as follows:
1. Temporary placement of six (6) additional tables with four (4) seats each within an
unused driveway abutting the existing building to the west. Each end of the driveway
will be blocked off with large potted plants.
2. Alcohol will be sold and served to dine-in patrons in accordance with the
requirements of the California Department of Alcoholic Beverage Control (ABC).
3. All tables will be placed such that they are at least seven (7) feet apart.
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
DocuSign Envelope ID: 888970E4-E777-4C4F-8A53-EAB3A6E9744B
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El Cholo (PA2020-103)
June 10, 2020
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Tmplt: 05/22/2020
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 permitted project meets
these criteria and 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.
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
4. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
5. The plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
6. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
7. This Emergency Temporary Use Permit and Emergency Coastal Development
Permit does not extend the allowed hours and days of operation beyond those
currently permitted by any applicable City- or County-issued discretionary permit.
8. The proposed operation is necessary to provide adequate space to allow for
appropriate social distancing to prevent further spread of COVID-19. The proposed
site plan or use diagram provides adequate areas for patrons to practice social
distancing to reduce the likelihood of spreading COVID-19.
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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.
2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions
and any restrictions set forth in an applicable discretionary permit regulating uses,
nonconforming uses, development standards, parking and permit procedures that
regulate the use and development of private or public property operations are
suspended only to the extent that the these provisions or restrictions set forth in a
discretionary permit conflict with the terms of this Emergency Temporary Use Permit.
3. If the proposed operation is using any portion of the public right-of-way, the Applicant
shall obtain and maintain liability insurance for not less than $1,000,000 per
occurrence and as specified by the City’s Risk Manager. All liability insurance
policies shall specifically include the City, the City Council, its employees, and agents
as additional insureds and shall be issued by an agent or representative of an
insurance company licensed to do business in the State of California, which has one
of the three highest or best ratings from the Alfred M. Best company. All insurance
policies shall contain an endorsement obligating the insurance company to furnish
the Community Development Director with at least thirty (30) days written notice in
advance of the cancellation of the policy.
4. The applicant shall place substantial barriers at the driveway entrances from Coast
Highway and the alley to prevent vehicles from entering the temporary dining area.
5. The existing allowed hours of operation of the establishment shall not be extended.
The area modified as part of this approval shall close by 9 p.m., Sunday through
Thursday, and by 10 p.m. on Fridays and Saturdays.
6. The use of amplified sound within the temporary area shall be prohibited.
7. All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum of seven (7) feet to ensure proper social distancing is maintained.
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 ABC.
9. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
10. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
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11. 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.
13. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons as follows:
a. An accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite
parking is provided.
d. Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide and 19 inches deep.
e. Detectable warnings are required when pedestrian paths cross or are adjacent
to a vehicular way where no physical barrier are provided to separate the two.
14. All tops of dining and work surfaces shall be 28 inches to 34 inches above the
finish floor.
15. 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.
16. Fire lane(s) shall be identified on the plan and kept free and clear.
17. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
18. 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.
19. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
20. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
21. 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.
22. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
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23. 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.
24. 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
25. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed.
26. 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.
27. 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. 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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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 Written Project Description
CD 3 Site Plan Diagram
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
findings, and conditions of approval. This is an approved and executed permit and it
constitutes a contract between the City and Permittee for all purposes.
Applicant Name and Title
Signature Date
DocuSign Envelope ID: 888970E4-E777-4C4F-8A53-EAB3A6E9744B
6/11/2020
Ron Salisbury Ceo
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Attachment No. CD 1
Filed Application
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Attachment No. CD 2
Written Project Description
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Attachment No. CD 3
Site Plan Diagram
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Applicant toPlace SubstantialPotted Plants onPrivate Propertyat AlleyApplicant toPlace SubstantialPotted Plants onPrivate Propertyat DrivewayDocuSign Envelope ID: 888970E4-E777-4C4F-8A53-EAB3A6E9744B31
Attachment No. ZA 4
SCE Clearance Decals
32
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
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Attachment No. ZA 5
Project Plans
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37