HomeMy WebLinkAbout02_Lido House Temporary Tent Limited Term Permit_PA2021-267
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 13, 2022
Agenda Item No. 2
SUBJECT: Lido House Temporary Tent (PA2021-267)
Limited Term Permit No. XP2021-035
SITE LOCATION: 3300 Newport Boulevard
APPLICANT: R.D. Olson Development
OWNER: City of Newport Beach
PLANNER: Chelsea Crager, Associate Planner
949-644-3227, ccrager@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: CV-LV (Visitor Serving Commercial - Lido
Village)
Zoning District: CV-LV (Commercial Visitor-Serving Lido Village)
Coastal Land Use Plan Category: CV-LV (Visitor Serving Commercial - Lido Village)
Coastal Zoning District: CV-LV (Commercial Visitor-Serving Lido Village)
PROJECT SUMMARY
A limited term permit to allow one 1,656-square-foot temporary tent structure at the rooftop
deck venue area (Topside) at the Lido House Hotel for up to a one-year term. The tent
structure is intended to provide protection from light rain and wind for a limited period within
the colder weather months.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15311 under Class 11 (Accessory Structures) of the State CEQA
(California Environmental Quality Act) 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. XP2021-035 (Attachment No. ZA 1).
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DISCUSSION
A request for a limited term permit to allow a 1,656-square-foot temporary rooftop
tent for up to four months cumulative during a one-year term (January 13, 2022
through January 12, 2023) at the Lido House Hotel. A limited term permit for a 2,400-
square-foot rooftop tent was previously authorized for less than 90 days through
Limited Term Permit No. XP2019-011 (PA2019-244), however it was never
implemented.
The lot is bounded by Newport Boulevard to the west, Via Oporto to the east, 32nd
Street to the south, and the Via Lido Plaza shopping center to the north. The lot is
separated from nearby mixed-use properties (Mixed-Use Cannery Village and 15th
Street Zoning District) by 32nd Street, and Via Oporto separates the lot from
residential properties (Planned Community No. PC59, Lido Villas Zoning District). All
other immediately surrounding uses are commercial. The proposed temporary tent
will not contribute to increased noise levels.
The subject lot is approximately 3.78 acres in size. The tent structure will be located
on the rooftop deck venue at the Lido House Hotel for a limited duration (up to four
months cumulative over the course of one year) and it will not conflict with any
landscape or parking/circulation areas. Based upon the provided plans, there is
adequate area on the roof deck to accommodate the tent structure.
The tent structure will be located on the existing roof deck with the purpose of
providing weather protection to the existing rooftop venue. There is no change in the
operational characteristics or allowed occupancy of the rooftop venue or the hotel
proposed. The tent structure therefore will not generate additional traffic or impede
access to parking or loading areas.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15311 under Class 11 (Accessory 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.
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.
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APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
MS/cc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
LIMITED TERM PERMIT NO. XP2021-035 TO ALLOW A
TEMPORARY ROOFTOP TENT LOCATED AT 3300 NEWPORT
BOULEVARD (PA2021-267)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Anthony Wrzosek of R.D. Olson Development (Applicant), with
respect to property located at 3300 Newport Boulevard, requesting approval of a limited
term permit.
2. A request for a limited term permit to allow one (1) 1,656-square-foot temporary tent
structure at the rooftop deck venue area (Topside) at the Lido House Hotel for up to four
(4) cumulative months over a one (1)-year term. The tent structure is intended to provide
protection from light rain and wind for a limited period within the colder weather months.
3. The subject property is designated CV-LV (Visitor Serving Commervial - Lido Village) by
the General Plan Land Use Element and is located within the CV-LV (Commercial Visitor-
Serving Lido Village) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is CV-LV (Visitor Serving Commercial - Lido Village) and it is located within the
CV-LV (Commercial Visitor-Serving Lido Village) Coastal Zoning district.
5. A public hearing was held on January 13, 2022, 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 15311 under Class 11 (Accessory 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 11 exemption exempts the placement of seasonal or temporary use of items
such as lifeguard towers, mobile food units, portable restrooms, or similar items. The
proposed temporary tent structure will be placed on the existing roof deck of the Lido
House Hotel for a temporary time period (four [4] cumulative months over a one [1]-year
term) and will be ancillary to an existing hotel use. The proposed structure will partially
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enclose an existing outdoor event space and it will not intensify the overall hotel use
authorized.
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 one (1) temporary tent structure to provide weather
protection to the rooftop deck as conditioned. The tent structure will comply with all
conditions of approval from the Building Division and Fire Department, including no fire
appliances operable when the tent is present and no heating devices within the tent area.
Application of Building Code standards will ensure proper emergency exiting. The tent
structure will require a building permit and it must meet applicable structural requirements.
2. The placement of the tent structure is limited to four (4) cumulative months during a one
(1)-year term, and it is made of a clear material to reduce the visual conflicts with
surrounding residents and businesses. Additionally, the height of the tent structure is
approximately 20 feet above the existing rooftop venue area, and it will be below the
roofline of the existing hotel.
3. The temporary tent structure will provide weather protection only to the existing rooftop
deck and will not alter any operational characteristics of the rooftop use (Topside) or the
hotel. The rooftop venue has been in operation since April 2018 and the use has not proven
to be detrimental.
4. The location of the temporary tent structure at the existing rooftop deck will not displace
any use or activities existing at the hotel.
5. Based upon the provided plans, there is adequate area on the roof deck to accommodate
the tent structure. There will be no change to the site plan or existing uses at the hotel and
there will therefore be no impact to vehicle circulation.
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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 3.78 acres in size. The tent structure will be located on the
rooftop deck venue at the Lido House Hotel for a limited duration (four [4] cumulative
months over a one [1]-year term) and it will not conflict with any landscape or
parking/circulation areas. Based upon the provided plans, there is adequate area on the
roof deck to accommodate the tent structure.
2. The lot is bounded by Newport Boulevard to the west, Via Oporto to the east, 32nd Street
to the south, and the Via Lido Plaza shopping center to the north. The lot is separated from
nearby mixed-use properties (Mixed-Use Cannery Village and 15th Street Zoning District)
by 32nd Street, and Via Oporto separates the lot from residential properties (Planned
Community No. PC59, Lido Villas Zoning District). All other immediately surrounding uses
are commercial. The proposed temporary tent will not contribute to increased noise levels.
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 primarily takes access from Finley Avenue. The temporary tent structure
will be located on the existing roof deck and will have no impact to vehicular or pedestrian
access to the lot. No traffic or site circulation issues are anticipated.
2. The tent structure will be located on the existing roof deck with the purpose of providing
weather protection to the existing rooftop venue. There is no change in the operational
characteristics or allowed occupancy of the rooftop venue or the hotel proposed. The tent
structure therefore will not generate additional traffic or impede access to parking or
loading 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
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Fact in Support of Finding:
1. The tent structure will be located on the existing roof deck with the purpose of providing
weather protection to the existing rooftop venue. There is no change in the operational
characteristics of the rooftop venue or the hotel proposed. The tent structure therefore will
not generate additional traffic or require additional parking.
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 Visitor-Serving Commercial Lido
Village (CV-LV). The CV-LV designation is intended to allow for a range of
accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily
serve visitors to the City of Newport Beach. The proposed structure is accessory to the
existing hotel and rooftop venue use, will be utilized for a limited duration onsite, and will
not impede the use of the site consistent with the CV-LV designation. The temporary tent
structure does not change the characteristics of the existing rooftop venue or hotel uses.
The weather protection provided by the tent structure will allow the rooftop venue to be
utilized during colder winter months.
2. The site is located in the Commercial Visitor-Serving Lido Village (CV-LV) Zoning
District. The CV-LV designation is intended to provide a range of accommodations (e.g.
hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City
of Newport Beach and a fire station. The proposed use is ancillary to the existing retail use,
will be utilized for a limited duration onsite, and will not impede use of the site consistent
with the CV-LV designation. The proposed structure is accessory to the existing hotel and
rooftop venue use, will be utilized for a limited duration onsite, and will not impede the use
of the site consistent with the CV-LV designation. The temporary tent structure does not
change the characteristics of the existing rooftop venue or hotel uses. The weather
protection provided by the tent structure will allow the rooftop venue to be utilized during
colder winter months.
3. 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
15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California Code
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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. XP2021-035 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 13TH DAY OF JANUARY, 2022.
_____________________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved plans except as
noted in the following conditions.
2. Anything not specifically approved by this limited term permit is prohibited and must be
addressed by a separate and subsequent review.
3. The conditions of approval of Site Development Review No. SD2016-005 and Use Permit
No. UP2016-015 (PA2016-061) shall remain in effect. The applicant shall comply with all
applicable conditions of approval.
4. The tent structure shall be located within the existing roof deck as shown on provided
plans.
5. The 1,656-square-foot temporary tent structure is permitted onsite for four (4) cumulative
months during the time period of January 13, 2022 through January 12, 2023. A tent
structure on the rooftop deck any time other than the dates specified is prohibited.
6. The applicant shall provide a 24-hour contact number for emergencies, complaints, or
concerns to Code Enforcement and interested parties upon request during the time period
the tent structure is authorized.
7. Tenant shall provide certificates of insurance, per terms of lease with the City of Newport
Beach, prior to construction.
8. Tenant shall provide construction bonds, per terms of lease with the City of Newport Beach,
prior to construction.
9. The Limited Term Permit is for the placement of one (1) temporary tent structure onsite for
the dates specified and does not authorize the placement of additional tents onsite.
10. Should the temporary tent structure become a detriment to the public health, comfort,
convenience, safety, and general welfare of the peace and quiet of the neighboring
properties and their inhabitants, this permit may be revoked.
11. 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
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approval of the Lido House Temporary Tent Structure including, but not limited to,
Limited Term Permit No. XP2021-035 (PA2021-267). 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
12. Engineering design and plans are required for tent stability and anchorage.
13. Open flame not permitted under tent. List of appliances required for enclosed tent.
14. Building permit is required to ensure compliance with required life-safety/exiting.
15. The tent shall comply with California Building Code (CBC) 3102 and 3103.
Fire Department
16. Fire appliances shall not be allowed to be operable when the tent is present. Thus, the
gas, which supplies the fire appliances, shall be turned off when the tent is erected. The
gas line shall be restricted with a Knox lock so that it cannot be turned back on. The
Knox lock shall be placed and removed while the Fire Department is present. California
Code of Regulations (CCR), Title 19, Division I, §321 Abatement of Fire or Panic
Hazards and California Fire Code (CFC) Section 3104.7 applies.
17. Heating devices will not be allowed within the tent area. Blowers may be utilized to heat
the interior of the tent area. CCR, Title 19, Division I, §321 Abatement of Fire or Panic
Hazards applies.
18. An mit required by CFC) will be
required from the Fire Department for the tent. Plans shall be submitted and approved
will be issued by the City. After a fire inspection is conducted of the tent, a Fire Tent
Permit will be issued. CFC Section 3103.2 applies.
19. Tents and their appurtenances shall be adequately roped, braced and anchored to
withstand the elements of weather and prevent against collapsing. Documentation of
structural stability shall be furnished upon plan approval. CFC Section 3103.9 applies.
20. All tent fabrics and all interior decorative fabrics or materials shall be flame resistant in
accordance with appropriate standards set forth in California Code of Regulations, Title
19, Division I, Chapter 8. Tent tops and sidewalls shall be made either from fabric, which
has been flame resistant treated with an approved exterior chemical process by an
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approved application concern, or from inherently flame-resistant, fabric approved and
listed by the State Fire Marshal. CCR, Title 19 Division I, §332.(a) Flame Resistance.
21. Before a permit is granted, the owner or agent shall file with the fire code official a
certificate executed by an approved testing laboratory certifying that the tents and their
appurtenances; sidewalls, drops and tarpaulins, floor coverings, combustible decorative
materials and effects, are flame resistant in accordance with the provisions set forth in
CCR, Title 19 Division I Chapter 8. CFC Section 3104.2.
22. All tents manufactured for sale in California shall be labeled in accordance with the
appropriate provisions of California Code of Regulations, Title 19, Division I, Section
335. CCR, Title 19 Division I, §334 Requirements Pertaining to All Tents.
23. Each section of top and sidewall in large tents shall have a durable label, permanently
affixed and comply with CCR Title 19 Division I, §335.(a) and (b) Labeling of Tents.
24. No Smoking signs shall be required and provided as per CFC Section 3104.6.
25. Open or exposed flame is not allowed within the tent.
26. Portable fire extinguishers are required as per CFC Section 3104.12.
27. Exit signs, exit sign illumination, and means of egress illumination shall comply as per
CFC Section 3103.12.6 & 3103.12.6.1 & 3103.12.70.
28. The required width of exits, aisles and passageways shall be maintained at all times to
a public way. Guy wires, guy ropes and other support members shall not cross a means
of egress at a height of less than 8 feet. The surface of means of egress shall be
maintained in an approved manner. CFC Section 3103.12.8.
29. The proposed tent is limited to 180 days (6 months) during a calendar year.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit No. XP2021-035
PA2021-267
3300 Newport Boulevard
Subject Property
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Attachment No. ZA 3
Project Plans
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