HomeMy WebLinkAbout04_Helmsman Ale House Temporary Expansion Amendment LTP and CDP_PA2022-068CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 12, 2022
Agenda Item No. 4
SUBJECT: Helmsman Ale House Temporary Expansion Amendment (PA2022-068)
▪Limited Term Permit No. XP2022-004
▪Coastal Development Permit No. CD2022-024
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
A request to amend and supersede Limited Term Permit No. XP2021-026 and Coastal
Development Permit No. CD2021-050 (PA2021-204) for the temporary outdoor dining area
at the Helmsman Ale House, an existing restaurant. The applicant proposes to relocate the
1,000-square-foot temporary outdoor dining area and to install a temporary raised wooden
platform in that new location to provide a leveled seating surface. All other operational
characteristics will remain the same and the temporary use, including temporary
improvements, would be allowed for up to a one-year term.
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
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3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2022-004 and Coastal Development Permit No. CD2022-024 (Attachment No.
ZA 1).
DISCUSSION
• On January 27, 2022, the Zoning Administrator held a duly noticed public hearing
and approved Limited Term Permit No. XP2021-026 and Coastal Development
Permit No. CD2021-050 (PA2021-204) to allow the applicant to operate a 1,000-
square-foot temporarily expanded outdoor dining area for up to a one-year term
(Attachment No. ZA 3). 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) (Attachment No. ZA
4).
• To improve efficiency and usability of the temporarily expanded area, the applicant
applied to amend and supersede the previous approval. All operational aspects of
the previous approval will remain the same; however, the applicant wishes to relocate
the area to be closer to the restaurant and to install a temporary raised wooden
platform. The new location would allow the service staff to be closer without the need
to walk through actively used parking areas and the platform would help provide a
leveled seating surface for patrons.
• 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. As previously approved, 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 did not pose 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 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.
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•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.
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
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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 Chapters 20.64 and 21.64 of the NBMC. 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
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Zoning Administrator Resolution No. ZA2022-006
ZA 4 Emergency Temporary Use Permit Action Letter
ZA 5 SCE Clearance Decals
ZA 6 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. XP2022-004 AND COASTAL
DEVELOPMENT PERMIT NO. CD2022-024 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 to amend and supersede a previously approved limited term
permit and a coastal development permit.
2. The Applicant proposes to relocate the approved 1,000-square-foot temporary outdoor
dining area and to install a temporary raised wooden platform in that new location to
provide a leveled seating surface. All other operational characteristics will remain the same
and the temporary use, including temporary improvements, would be allowed for up to a
one (1)-year term. If this request is approved and implemented, Limited Term Permit No.
XP2021-026 and Coastal Development Permit No. CD2021-050 (PA2021-204) would be
superseded and rendered null and void.
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 May 12, 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.
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2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 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 previously larger 5,500-square-foot expanded dining area did not pose 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 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
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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.
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 and allows for the installation of a
temporary raised platform structure. 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. As previously approved, 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 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.
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
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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. Furthermore, the reduced temporary outdoor dining area will restore
approximately ten (10) parking spaces.
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. The City’s Public Works Department has reviewed the proposal,
and 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.
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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
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
visitors that enjoy the City’s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
enhance Newport Beach’s fiscal health and account for market demands, while
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Balboa Peninsula.
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:
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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
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 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.
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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. XP2022-004 and Coastal Development Permit No. CD2022-024 subject to the
conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference.
3. This resolution supersedes Zoning Administrator Resolution No. ZA2022-006, which
upon vesting of the rights authorized by this Limited Term Permit and Coastal
Development Permit, shall become null and void.
4. 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 NBMC. 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 12TH DAY OF MAY, 2022.
_____________________________________
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 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 May 27, 2022, to May 26, 2023, unless an extension is granted by the Zoning
Administrator in compliance with Sections 20.52.040(J) (Extension of Limited Term Permit)
and 21.54.060 (Time Limits and Extensions) of the NBMC. 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. All temporary
structures shall be removed within 5 business days of the expiration of this permit.
8.The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the Applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
9.The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be
prohibited.
10.The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
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11.The permittee shall provide adequate trash receptacles within the permitted patio shall and
the operator shall provide for periodic and appropriate removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
12.The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
13.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14.The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
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, 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. XP2022-
004 and Coastal Development Permit No. CD2022-024 (PA2022-068) 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.
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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.
20.The ramp to access the temporary raised platform shall not have a slope exceeding 8.33
percent and shall have the required edge protection and handrails in place.
21.The finish surface of the temporary raised platform shall be slip-resistant.
Public Works Department
22.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.
23.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.
24.Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
25.Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
26.Expanded outdoor dining areas shall adhere to the SCE Clearance Decal examples.
Fire Department
27.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.
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•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.
28.Fire lane(s) shall be identified on the plan.
29.Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
30.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.
31.All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a 3-foot clearance in all directions.
32.Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
33.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
Helmsman Ale House
18
Attachment No. ZA 3
Zoning Administrator Resolution No. ZA2022-006
19
RESOLUTION NO. ZA2022-006
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 5,500-square-foot 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
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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 previously larger 5,500-square-foot 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.
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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
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Zoning Administrator Resolution No. ZA2022-006
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an existing restaurant. Furthermore, the reduced temporary outdoor dining area will restore
approximately ten (10) parking spaces.
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
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Zoning Administrator Resolution No. ZA2022-006
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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
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
visitors that enjoy the City’s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
enhance Newport Beach’s fiscal health and account for market demands, while
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4.Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Balboa Peninsula.
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:
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Zoning Administrator Resolution No. ZA2022-006
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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
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.
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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.
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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 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, 2023, 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. The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be
prohibited.
10. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
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11.The permittee shall provide adequate trash receptacles within the permitted patio shall and
the operator shall provide for periodic and appropriate removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
12.The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
13.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14.The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
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, 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-
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.
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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. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
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.
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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 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.
30
Attachment No. ZA 4
Emergency Temporary Use Permit Action Letter
31
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.
DocuSign Envelope ID: FC1F891D-F946-4087-B45E-3CF74E128910
32
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, 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.
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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.
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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 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 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
“No Parking” in order to allow sufficient area for a vehicle to turnaround and to prevent
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.
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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. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
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.
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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.
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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,
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/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.
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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 Applicant’s 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
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Managing member
8/27/2020
Mario Marovic
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Attachment No. CD 1
Filed Application
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Community Development DepartmentPlanning Permit Application
CITY OF NEWPORT BEACH
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: 05/18/2020
1.Check Permits Requested:
Approval-in-Concept -AIC #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.Project Address(es)/Assessor’s Parcel No(s)
3.Project Description and Justification (Attach additional sheets if necessary):
4.Applicant/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
5.Contact/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
6.Owner Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
7.Property Owner’s Affidavit*:(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
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Managing member 8/27/2020
41
Attachment No. CD 2
Applicant’s Description
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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
on the property’s parking lot in a safe manner where social distancing is maintained in
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.
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The applicant also is proposing one A-Frame sign in the front of the building on the corner of
Newport Blvd. and 30th Street.
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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)
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--
Best regards,
Micah Schiesel
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Attachment No. CD 3
Site Plan Diagram
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Attachment No. ZA 5
SCE Clearance Decals
49
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
50
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Attachment No. ZA 6
Project Plans
53
ADARAMP TRAFFIC
BARRICADE
TRAFFIC
BARRICADE
TRAFFIC
BARRICADE
TURNAROUND AREA
RAMP SPECS:RISE: 6INLENGTH: 7FTWIDTH: 5FTSLOPE: 4 DEGREES
HAND RAIL
HAND RAILHAND RAILHAND RAIL SLIP RESISTANTMATERIAL
54
12 INCH RAISEDDECK DETAILHELMSMAN ALE HOUSESCALE 1" = 5'4"x6"x16' Beam4"x6"x16' Beam8"x8" Pier (every 4 ft.)Simpson Joist Hanger (Typ)Simpson Joist Hanger (Typ)Simpson Joist Hanger (Typ)Simpson Joist Hanger (Typ)Simpson Joist Hanger (Typ)8"x8" Pier (every 4 ft.)Simpson Joist Hanger (Typ)2"x6" Deck Painted Brown (16D Nails)2"x6" Deck Painted Brown (16D Nails)2"x4"x16' Doubled (24" O.C.)2"x4"x16' Doubled (24" O.C.)5' by 7' ADA RampLength: 7 ft.Width: 5 ft.6" rise7 ft. runExisting wood pallets as barrierExisting wood pallets as barrier
Existing wood pallets as barrier55
Zoning Administrator - May 12, 2022 Item No. 4a Additional Materials Received Helmsman Ale House Temporary Expansion Amendment Limited Term Permit and CDP_PA2022-068
Zoning Administrator - May 12, 2022 Item No. 4a Additional Materials Received Helmsman Ale House Temporary Expansion Amendment Limited Term Permit and CDP_PA2022-068
Zoning Administrator - May 12, 2022 Item No. 4a Additional Materials Received Helmsman Ale House Temporary Expansion Amendment Limited Term Permit and CDP_PA2022-068
Zoning Administrator - May 12, 2022 Item No. 4a Additional Materials Received Helmsman Ale House Temporary Expansion Amendment Limited Term Permit and CDP_PA2022-068