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HomeMy WebLinkAbout04_Helmsman Ale House Temporary Expansion Limited Term Permit and CDP_PA2021-204CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT January 27, 2022 Agenda Item No. 4 SUBJECT: Helmsman Ale House Temporary Expansion (PA2021-204) Limited Term Permit No. XP2021-026 Coastal Development Permit No. CD2021-050 SITE LOCATION: 2920 Newport Boulevard APPLICANT: Helmsman Ale House OWNER: Brett Samuel Feuerstein Trust PLANNER: Benjamin M. Zdeba, AICP, Senior Planner 949-644-3253, bzdeba@newportbeachca.gov LAND USE AND ZONING General Plan Land Use Plan Category: CV (Visitor Serving Commercial) Zoning District: CV (Commercial Visitor-Serving) Coastal Land Use Plan Category: CV-A (Visitor Serving Commercial 0.0-0.75 FAR) Coastal Zoning District: CV (Commercial Visitor-Serving) PROJECT SUMMARY The applicant proposes a reduced 1,000-square-foot maximum expanded outdoor dining area for up to a one-year term. The previous larger area was authorized through Emergency Temporary Use Permit No. UP2020-143 and Emergency Coastal Development Permit No. CD2020-128 (PA2020-246). 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 the exceptions to the Class 3 Exemption do not apply; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit No. XP2021-026 and Coastal Development Permit No. CD2021-050 (Attachment No. ZA 1). 1 Helmsman Ale House Temporary Expansion (PA2021-204) Zoning Administrator, January 27, 2022 Page 2 Tmplt: 05/27/20 DISCUSSION The applicant proposes a reduced 1,000-square-foot maximum expanded outdoor dining area for up to a one-year term. A larger 5,500-square-foot area was previously authorized through Emergency Temporary Use Permit No. UP2020-143 and Emergency Coastal Development Permit No. CD2020-128 (PA2020-246). Outdoor dining areas are common within the Balboa Peninsula area, have been used at the subject property during similar hours in the past, and the use has not proven to be detrimental. The existing hours of operation for the interior of the restaurant are limited from 6 a.m. to 11 p.m., Sunday through Thursday and from 6 a.m. to 1 a.m., Friday and Saturday. The proposed temporary outdoor dining area would close by 9 p.m., Monday through Thursday, and by 10 p.m., Friday through Sunday. 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. A resident has filed complaints regarding operating outside of authorized hours and excessive noise. If founded, those complaints have been addressed through enforcement measures outlined in the Newport Beach Municipal Code (NBMC), as they are received by the Code Enforcement Division. The operation of the expanded dining area is limited to up to one year and has been reviewed and conditioned to help preclude any detriment to the general welfare of the area. The Code Enforcement Division will continue to ensure all conditions of approval are abided by. The subject property has been occupied by a food service use with outdoor dining since 1993. The existing parking lot has historically accommodated the restaurant and is expected to accommodate the temporary use without any issues. The restaurant is located on a site that is comprised of two separate parcels: one with the restaurant building and one with the parking lot to serve the building. The combined two parcels are approximately 0.5-acre in size. If approved, the temporary outdoor patio would be reduced to 1,000 square feet from the previously approved 5,500 square feet and has been conditioned to have no permanent structures. The City is also 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, 2021. 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 Helmsman Ale House Temporary Expansion (PA2021-204) Zoning Administrator, January 27, 2022 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), 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 restaurant for a one-year limited term and qualifies under the parameters of the Class 1 and Class 3 exemptions. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of the Class 3 Exemption. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to appeal any final action on a coastal development permit to the Planning Commission. The project site is not located within the appeal area of the coastal zone; therefore, final action by the City may not be appealed to the California Coastal Commission. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: __________________________________ Benjamin M. Zdeba, AICP, Senior Planner 3 Helmsman Ale House Temporary Expansion (PA2021-204) Zoning Administrator, January 27, 2022 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. ZA2022-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING LIMITED TERM PERMIT NO. XP2021-026 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-050 TO ALLOW AN EXPANDED OUTDOOR DINING AREA LOCATED AT 2920 NEWPORT BOULEVARD (PA2021-204) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Helmsman Ale House (Applicant), with respect to property located at 2920 Newport Boulevard, described as Assessor Parcel Numbers 047-043-04 and 047-043-20, requesting approval of a limited term permit and a coastal development permit. 2. The Applicant proposes a reduced 1,000-square-foot maximum expanded outdoor dining area for up to a one (1)-year term. The previous larger area was authorized through Emergency Temporary Use Permit No. UP2020-143 and Emergency Coastal Development Permit No. CD2020-128 (PA2020-246). 3. The subject property is categorized Visitor Serving Commercial (CV) by the General Plan Land Use Element and is located within the Commercial Visitor-Serving (CV) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Visitor Serving Commercial (CV-A) (0.0 to 0.75 FAR) and it is located within the Commercial Visitor-Serving (CV) Coastal Zoning District. 5. A public hearing was held on January 27, 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 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 6 Zoning Administrator Resolution No. ZA2022-### Page 2 of 11 09-30-21 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 restaurant for a one (1)-year limited term and qualifies under the parameters of the Class 1 and Class 3 exemptions. 3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. REQUIRED FINDINGS. Limited Term Permit In accordance with Section 20.52.040.G (Limited Term Permits) of the 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 while the City reconsiders its parking requirements related to food service uses. The existing food service use is authorized through Use Permit No. 3485 and its subsequent amendments. 2. The expanded dining area has not posed a hazard to the general welfare of persons residing in the area since it was placed during the COVID-19 pandemic in 2020 through an Emergency Temporary Use Permit. A resident has filed complaints regarding operating outside of authorized hours and excessive noise. If founded, those complaints have been addressed through enforcement measures outlined in the NBMC, as they are received by the Code Enforcement Division. The operation of the expanded dining area is limited to up to one (1) year and has been reviewed and conditioned to help preclude any detriment to the general welfare of the area. The Code Enforcement Division will continue to ensure all conditions of approval are abided by. 7 Zoning Administrator Resolution No. ZA2022-### Page 3 of 11 09-30-21 3. The previously approved temporary operation was authorized through Emergency Temporary Use Permit No. UP2020-143 (PA2020-246). This approval allowed a temporary patio of approximately 5,500 square feet. The proposed operation significantly reduces the patio to no more than 1,000 square feet. Operation of the expanded outdoor dining area is limited to up to one (1)-year. 4. Outdoor dining areas are common within the Balboa Peninsula area, have been used at the subject property during similar hours in the past, and the use has not proven to be detrimental. The existing hours of operation for the interior of the restaurant are limited from 6 a.m. to 11 p.m., Sunday through Thursday and from 6 a.m. to 1 a.m., Friday and Saturday. The proposed temporary outdoor dining area would close by 9 p.m., Monday through Thursday, and by 10 p.m., Friday through Sunday. 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 (OCHCA) 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 OCHCA guidelines. 7. The permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements. 8. The plan includes appropriate delineation of outdoor use spaces with temporary physical barriers or markers. Finding: B. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot; Facts in Support of Finding: 1. The restaurant is located on a site that is comprised of two (2) separate parcels: one (1) with the restaurant building and one (1) with the parking lot to serve the building. The combined two (2) parcels are approximately 0.5-acre in size. If approved, the temporary outdoor patio would be reduced to 1,000 square feet from the previously approved 5,500 square feet and has been conditioned to have no permanent structures. 2. The project site is located on the northeast corner of Newport Boulevard and 30th Street. Surrounding uses include residential neighborhoods, which are located to the west beyond The Landing shopping center, and a mixed-use neighborhood to the north, east and south. The temporary patio does not negatively affect surrounding uses as it is limited by the Conditions of Approval, is a reduction of the current temporarily expanded area, and serves an existing restaurant. 8 Zoning Administrator Resolution No. ZA2022-### Page 4 of 11 09-30-21 Finding: C. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate; Fact in Support of Finding: 1. The subject site has direct driveway approaches taken from 30th Street and the alley. The temporary outdoor patio is located within the private parking lot abutting the restaurant and will not impede access. There are no traffic issues anticipated. 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 Fact in Support of Finding: 1. The subject property has been occupied by a food service use with outdoor dining since 1993. The existing parking lot has historically accommodated the restaurant. The existing parking lot is expected to accommodate the temporary use. There have been no parking- related complaints or issues raised related to the outdoor dining area installed under the previous emergency permit. 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 CV (Visitor Serving Commercial). The CV category is intended to allow for a range of accommodations (e.g., hotels, motels, hostels), goods, and services intended to primarily serve visitors. Permitted uses include those permitted in the CV Zoning designation, which includes restaurants by obtaining a use permit. The expanded outdoor dining use is accessory to the existing restaurant, will be utilized for a limited duration on-site and will be in furtherance of the intention for this land use category. 2. The site is in the Commercial Visitor Serving (CV) Zoning District. The CV designation applies to areas intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors. The expanded outdoor dining use is accessory to the existing restaurant, will be utilized for a limited duration on-site, and will not impede use of the site consistent with the CV designation. The CV District also allows 9 Zoning Administrator Resolution No. ZA2022-### Page 5 of 11 09-30-21 temporary uses as specified within the Zoning Code and the proposed limited duration use is consistent with this designation. 3. The Limited Term Permit for expanded outdoor dining would complement and be consistent with the other commercial uses permitted within the CV Zoning District in that it provides amenities that support visitors to the area and provides a social gathering place for those who live and work in the neighborhood, consistent with General Plan Land Use Element Goal LU 2, below. Additional benefits from the proposed amendment include providing opportunities for the continuation of local businesses that generate sales tax and provide opportunities for employment, which is consistent with General Plan Land Use Element Policy LU 2.4 (Economic Development), also copied below: Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve reational amenities, and protect its important environmental setting, resources, and quality of life. Policy LU 2.4 Economic Development Accommodate uses that maintain or maintaining and improving the quality of life for current and future residents. (Imp 1.1, 24.1) 4. Council Policy D-9 recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community. The policy recognizes the need to provide effective and efficient structures for implementing economic programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy economy while preserving the unique commercial villages in Newport Beach. The proposed limited term permit would support a local business and economic prosperity while maintaining the unique character of the Balboa Peninsula. 5. The site is not located within a specific plan area. Coastal Development Permit In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: F. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The project site is not located adjacent to a coastal view road or public access way. The temporary patio is located on a site with an existing restaurant. The temporary outdoor 10 Zoning Administrator Resolution No. ZA2022-### Page 6 of 11 09-30-21 dining area complies with all applicable Local Coastal Program (LCP) development standards and maintains an area consistent with the existing pattern of development on 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 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 has only minor detached structures. The location of these improvements does not pose a conflict to coastal resources, coastal access, or other adverse environmental effects. 3. Improvements are complementary to the area; the subject restaurant and other restaurants on the Balboa Peninsula have similar outdoor dining improvements. 4. The dining area barrier is installed within the existing private parking lot. The barrier delineates the area dedicated for outdoor dining use and alcohol service. There are no existing City utilities within the expanded outdoor dining area. 5. Development authorized by this permit is not located in any environmentally sensitive habitat area (ESHA) and public access to the coast will not be blocked. Coastal access is increased by allowing 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. 6. Development authorized is not located in an area in which the California Coastal Commission retains direct permit review authority. Finding: G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The subject property is not located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. 11 Zoning Administrator Resolution No. ZA2022-### Page 7 of 11 09-30-21 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to 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. XP2021-026 and Coastal Development Permit No. CD2021-050 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. The project site is not located within the appeal area of the coastal zone; therefore, final action by the City may not be appealed to the California Coastal Commission. PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF JANUARY, 2022. _____________________________________ Jaime Murillo, Zoning Administrator 12 Zoning Administrator Resolution No. ZA2022-### Page 8 of 11 09-30-21 CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The approval of this Limited Term Permit and Coastal Development Permit shall be effective from January 11, 2022, to January 10, 2022, unless an extension is granted by the Zoning Administrator in compliance with Municipal Code Sections 20.52.040(J) (Extension of Limited Term Permit) and 21.54.060 (Time Limits and Extensions). The applicant shall be required to cease all permitted operations and remove any temporary improvements made to the outdoor spaces as part of this approval at the end of the effective period. 3. The expanded dining area shall not exceed 1,000 square feet. 4. The existing allowed hours of operation of the establishment shall not be extended. The hours of operation of the expanded area as part of this approval shall not extend beyond 9 p.m. on Monday through Thursday, and 10 p.m. on Friday through Sunday. 5. There shall be no use of amplified sound and/or live entertainment in the expanded dining area. 6. The applicant shall install and maintain a physical barrier between any area used and adjacent to common pedestrian walkways in accordance with the requirements of the State Department of Alcoholic Beverage Control. 7. There shall be no permanent structures that require building permits. 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. prohibited. 10. The establishment shall abide by all applicable Orange County Health Care Agency requirements. 13 Zoning Administrator Resolution No. ZA2022-### Page 9 of 11 09-30-21 11. The permittee shall provide adequate trash receptacles within the permitted patio shall and the operator shall provide for periodic and appropriate removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 12. The Community Development Director or designee may inspect the modified area at any time during normal business hours. 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 14. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this approval. 15. This Limited Term Permit and Coastal Development Permit be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 16. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Limited Term Permit and Coastal Development Permit. 17. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, court costs) of every kind and nature whatsoever which may arise from or in any manner - 026 and Coastal Development Permit No. CD2021-050 (PA2021-204) for Helmsman Ale House. 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 18. 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. 14 Zoning Administrator Resolution No. ZA2022-### Page 10 of 11 09-30-21 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). 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. Public Works Department 20. Prior to implementation of this approval, the site plan and layout shall be reviewed and approved by the Public Works Department. 21. Substantial barriers (automobiles, K-rail, water-filled barrier, or other material acceptable to Public Works) shall be provided between the seating area and drive aisle and adjacent parking spaces. Substantial barriers shall not encroach into the required dimensions of the drive aisle and parking spaces. 22. 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. 23. prohibited. 24. Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc. 25. Expanded outdoor dining areas shall adhere to the SCE Clearance Decal examples. Fire Department 26. Covered outdoor dining areas (separate or consolidated) shall comply with the following standards for tents larger than 400 square feet (two [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. 15 Zoning Administrator Resolution No. ZA2022-### Page 11 of 11 09-30-21 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 Marshal 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. 27. Fire lane(s) shall be identified on the plan. 28. Parking, displays, seating or other obstacles that interfere with emergency vehicles and personnel shall not be permitted in fire lanes. 29. 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. 30. All Fire Department devices (fire hydrants, fire department connections, water valves, etc.) shall have a 3-foot clearance in all directions. 31. Fire Department devices shall not be covered, blocked or otherwise hidden from plain view. 32. 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. 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: 1/19/2022 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: Helmsman Ale House Amendment (PA2020-246) Emergency Temporary Use Permit No. UP2020-143 Emergency Coastal Development Permit No. CD2020-128 Site Location 2920 Newport Boulevard Applicant Mario Marovic of Helmsman Ale House Property Owner Mario Marovic On August 20, 2020 the Community Development Director authorized an amendment to Emergency Temporary Use Permit No. UP2020-029 and Emergency Coastal Development Permit No. CD2020-041. 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 Helmsman Ale House to ensure the safety of its employees and patrons, as depicted in Attachment No. CD 2. The modified operations will remain as previously approved and summarized as follows: 1. Temporary expansion of the existing restaurant into the adjoining on-site surface parking lot to create an approximately 5,500-square-foot outdoor dining area. This expanded area will allow for tables to be placed at least seven (7) feet apart and will help recapture the occupant load that would otherwise be dining inside the restaurant. The allowed occupant load of the existing restaurant will not increase as part of this request. 2. The temporarily expanded area will be protected from the driveway entrance on 30th Street by a heavy-duty barricade. Adequate protection will also be provided around the entire perimeter of the area. 3. No more than 25 parking spaces will remain along with one Americans With Disabilities Act (ADA) compliant parking space. 4. One A-frame sign will be placed on private property at the corner of Newport Boulevard and 30th Street. 20 Helmsman Ale House Amendment (PA2020-246) August 20, 2020 Page 2 Tmplt: 05/22/2020 The change authorized through this amendment is the allowance of an outdoor cooking area, including a woodburning cooking appliance that is intended for commercial operations. The Applicant proposes to operate the outdoor cooking area on Fridays from 4 to 8 p.m. and on Saturdays and Sundays from 12 to 8 p.m. According to Air Quality Management District (AQMD) Rule 445, wood-burning cooking devices designed and used for commercial purposes are exempt from said rule. Once approved and acknowledged, Emergency Temporary Use Permit No. UP2020-029 and Emergency Coastal Development Permit No. CD2020-041 will be superseded and rendered null-and-void. 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 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, 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. 21 Helmsman Ale House Amendment (PA2020-246) August 20, 2020 Page 3 Tmplt: 05/22/2020 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. IV. EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS 1. The COVID-19 global pandemic has created a National, State and Local emergency that is more fully described in Emergency Ordinance No. 2020-005. The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal Code (NBMC) Section 21.52.025 because immediate action is necessary to allow commercial business and institutional uses to re-open consistent with State and local public health guidelines designed to reduce the spread of COVID-19. If immediate action is not taken to properly regulate the re-opening of commercial business and institutional uses, the spread of COVID-19 will likely be more severe thereby exacerbating the existing public health emergency. 2. Development authorized is temporary and will only be in place during the described emergency consistent with Emergency Ordinance No. 2020-005. All development authorized by this permit must be removed after the state of emergency is lifted. 3. Development authorized by this permit is not located in any environmentally sensitive habitat area and public access to the coast will not be blocked. Coastal access is increased by allowing commercial establishments to re-open allowing public to once again visit the coastal areas. 4. Development authorized is not located in an area in which the California Coastal Commission retains direct permit review authority. 22 Helmsman Ale House Amendment (PA2020-246) August 20, 2020 Page 4 Tmplt: 05/22/2020 V. 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 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 existing allowed hours of operation of the establishment shall not be extended. Furthermore, the area modified as part of this approval shall close by 9 p.m., Monday through Thursday, and by 10 p.m. on Friday through Sunday. 5. The use of amplified sound within the temporary area shall be prohibited. 6. 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. 7. The permittee shall place and maintain substantial barricades on private property at the 30th Street driveway entrance and at all locations that are adjacent to a vehicular passageway. 8. Two parking spaces on either side of the drive aisle shall be coned off and signed for the creation of a dead-end at the drive aisle. 9. The outdoor cooking area is only permitted to operate between the hours of 4 p.m. and 8 p.m. on Fridays and between 12 p.m. and 8 p.m. on Saturdays and Sundays. 10. 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. 23 Helmsman Ale House Amendment (PA2020-246) August 20, 2020 Page 5 Tmplt: 05/22/2020 11. 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. 12. outdoor patios shall be prohibited. 13. The establishment shall abide by all applicable Orange County Health Care Agency requirements. 14. 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. 15. 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. 16. 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. 17. All tops of dining and work surfaces shall be 28 inches to 34 inches above the finish floor. 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. 19. The outdoor cooking appliance shall not be under combustible construction and shall maintain a minimum of 10 feet clear from any structure and their projections with the same clearance to any openings such as doors, windows and intake vents for makeup air. 20. In addition to an ABC extinguisher, a K-class extinguisher is also required for all types of cooking except liquid propane gas. Also, any deep fat fryer generating grease requires the same extinguisher. 24 Helmsman Ale House Amendment (PA2020-246) August 20, 2020 Page 6 Tmplt: 05/22/2020 21. Fire lane(s) shall be identified on the plan and shall be kept free and clear. 22. Parking, displays, seating or other obstacles that interfere with emergency vehicles and personnel shall not be permitted in fire lanes. 23. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided that the driver remains inside the vehicle and the vehicle is ready to move immediately upon orders from emergency personnel. 24. All Fire Department devices (fire hydrants, fire department connections, water valves, etc.) shall have a three-foot clearance in all directions. 25. Fire Department devices shall not be covered, blocked or otherwise hidden from plain view. 26. TENT (min. 400 sf with 2 or more walls) & CANOPY (min. 700 sf) 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 Marshal 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. 27. 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. 28. The Community Development Director or designee may inspect the modified area at any time during normal business hours. 25 Helmsman Ale House Amendment (PA2020-246) August 20, 2020 Page 7 Tmplt: 05/22/2020 29. 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. 30. 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 31. This temporary authorization shall expire fourteen (14) days after the emergency order established by Emergency Ordinance No. 2020-005 is terminated or repealed, or 60 days from the date of authorization, whichever is sooner. The Director may extend this approval for an additional 60 days for good cause. 32. 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. 33. 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, disbursements and court costs) of every kind and nature whatsoever which may Emergency Temporary Use Permit/Coastal Development 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. \\ \\ \\ \\ \\ \\ \\ \\ 26 Helmsman Ale House Amendment (PA2020-246) August 20, 2020 Page 8 Tmplt: 05/22/2020 VI. 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 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 27 Helmsman Ale House Amendment (PA2020-246) August 20, 2020 Page 9 Tmplt: 05/22/2020 Attachment No. CD 1 Filed Application 28 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment I:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Covid-19 application update\Planning Permit Application - Covid-19.docx Rev: 05 1. Approval-in-Concept -Lot Merger Staff Approval Coastal Development Permit Limited Term Permit -Tract Map Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study Coastal Residential Development Modification Permit Use Permit -Minor Conditional Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit Comprehensive Sign Program Planned Community Development Plan Emergency Temp. Use Permit/CDP Development Agreement Planned Development Permit Variance Development Plan Site Development Review -Major Minor Amendment -Code PC GP LCP Lot Line Adjustment Parcel Map Other: 2. 3. 4. 5. 6. 7.:(I) (We) depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature(s):________________________________ Title:Date: DD/M0/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 the application. Please note, the owner(s)’ signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. 2920 Newport Blvd. Newport Beach, CA 92663 See attached. Helmsman Ale House 3334 E. Coast HWY Corona Del Mar CA 92625 949-813-5683 Mario@Loungegroup.com Mario Marovic 3334 E. Coast HWY 418 Corona Del Mar CA 92625 949-813-5683 Mario@Loungegroup.com Mario Marovic 3334 E. Coast HWY 418 Corona Del Mar CA 92625 949-813-5683 Mario@Loungegroup.com 418 PA2020-102 29 Attachment No. CD 2 30 Community Development Department 100 Civic Center Dr. / P.O. Box 1768, Newport Beach, Ca. 92658-8915 Emergency Temporary Use Permit and Emergency Coastal Development Permit RE: Helmsman Ale House (2920 Newport Blvd. Newport Beach, CA 92623) Project Description: The applicant, Helmsman Ale House is requesting an emergency temporary use permit to operate accordance with guidance from the State of California and local health officials. The applicant is requesting to operate on a portion of the parking lot that is adjacent to the building and parallel to 30th Street (See attached diagram). The applicant will rope off the area in the parking lot that will be converted into outdoor-dinning use. A heavy-duty barrier will be placed at the entrance on 30th street that is closest to the building. As well as some substantial barricades along the border of the outdoor-dining area. There will also be no parking in two parking spaces to allow a dedicated turn around area. This area will also have a heavy-duty barrier. The dimension of this space is approximately 55 feet by 105 feet. Inside the useable space, there will be 15 picnic tables. The tables can accommodate 4-6 customers each and the tables will be spread apart in a staggered formation to ensure physical distancing. The picnic tables will have umbrellas or easy-ups for shade. Additionally, on the far east side of the outdoor-dinning space, there will be a service station to take orders and provide beverages to customers. The business will implement several practices to reduce the potential spread of Covid-19. These practices include, but are not limited to: implement a risk assessment and protection plan, train employees on practices to limit spread, implement individual control measures, implement disinfecting protocols for keeping workstations sanitized and implement physical distancing guidelines. The hours and days of operations proposed for the outside area are: Monday Thursday 11:00 a.m. 9:00 p.m. Friday 11:00 a.m. 10:00 p.m. Saturday Sunday 8:00 a.m. 10:00 p.m. The requested occupancy for the proposed area is 90 customers. Alcohol will be served on the premises. Approximately 25 parking spaces will be available. 31 The applicant also is proposing one A-Frame sign in the front of the building on the corner of Newport Blvd. and 30th Street. 32 From: Micah Schiesel <micahs@loungegroup.com> Sent: Tuesday, August 18, 2020 8:12 AM To: Zdeba, Benjamin; Mario Marovic Cc: helmsman Subject: Re: Helmsman Ale House Outdoor Cooking Attachments: BBQ.png [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Ben please see below and attached - Regarding outdoor cooking, a K-class extinguisher is required for all types of cooking except LPG. Also, any deep fat fryer generating grease requires the same extinguisher. This is in addition to the regular ABC extinguisher required. The OC Health Care Agency needs to approve outdoor cooking activities. (Completed) These comments were from an official from the Building Division: The Smoker should not be under combustible construction and should maintain a minimum of 10 feet clear from any structure and their projections with the same clearance to any openings such as doors, windows and intake vents for makeup air. (Completed - see site plan) 33 -- Best regards, Micah Schiesel 34 Helmsman Ale House Amendment (PA2020-246) August 20, 2020 Page 2 Tmplt: 05/22/2020 Attachment No. CD 3 Site Plan Diagram 35 36 Attachment No. ZA 4 SCE Clearance Decals 37 SOUTHERN CALIFORNIA EDISON TRANSMISSION AND DISTRIBUTION BUSINESS UNIT Approved Decals June 8, 2020 38 39 D5440 Tmplt: 05/27/20 Attachment No. ZA 5 Project Plans 41 42 43