HomeMy WebLinkAbout02_Cruisers Pizza Bar Grill CDP and LTP_PA2022-049CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
July 28, 2022
Agenda Item No. 2
SUBJECT: Cruisers Pizza Bar Grill (PA2022-049)
▪Coastal Development Permit No. CD2022-016
▪Limited Term Permit No. XP2022-002
SITE LOCATION: 801 East Balboa Boulevard
APPLICANT: Cruisers Pizza Bar Grill
OWNER: Camille Rizko
PLANNER: Caitlyn Curley, Planning Technician
949-644-3235 or ccurley@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: MU-V (Mixed-Use Vertical)
•Zoning District: MU-V (Mixed-Use Vertical)
•Coastal Land Use Plan Category: MU-V (Mixed-Use Vertical)
•Coastal Zoning District: MU-V (Mixed-Use Vertical)
PROJECT SUMMARY
A request to allow a 672-square-foot expanded dining area previously authorized through
Emergency Coastal Development Permit No. CD2020-029 and Emergency Temporary
Use Permit No. UP2020-011 (PA2020-084) for Cruisers Pizza Bar Grill for up to a one-
year term (July 28, 2022, through July 27, 2023).
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Coastal Development
Permit No. CD2022-016 and Limited Term Permit No. XP2022-002 (Attachment No.
ZA 1).
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DISCUSSION
• The applicant, Cruisers Pizza Bar Grill (“Cruisers”), proposes a 672-square-foot
expanded dining area for a one-year term (July 28, 2022 through July 27, 2023) that
was previously authorized through Emergency Temporary Use Permit No. UP2020-
011 and Emergency Coastal Development Permit No. CD2020-029 (PA2020-084)
for Cruisers Pizza Bar Grill.
• Emergency Temporary Use Permit No. UP2020-011 approved a 2,886-square-
foot canopy with 21 tables and 84 seats. After discussions with the applicant, the
outdoor dining area requested for this Limited Term Permit has been reduced in
size to 672 square feet.
• Subsequent to the approval of Emergency Temporary Use Permit No. UP2020-
011 and Emergency Coastal Development Permit No. CD2020-029, the Code
Enforcement Division received several complaints reporting that Cruisers had
been operating their outdoor patio past the approved hour of 10:00 p.m. To
address this issue, a condition of approval has been added to disallow Cruisers to
operate their patio past 10:00 p.m. Further, this limited term permit includes a
condition to prohibit the use of amplified sound (including television speakers), in
the outdoor patio to limit disruptions to the neighboring residential properties.
• Consistent with other limited term permits in the area, the City has worked to
reduce both the size of Cruisers’ proposed outdoor dining area and minimize the
number of parking spaces lost to accommodate the outdoor dining area. The
requested area will occupy four parking spaces on-site.
• Cruisers agreed to reduce the scope of their outdoor dining area to accommodate
better vehicle circulation on-site by clearing the drive aisle and reduce the number
of parking spaces occupied by the outdoor dining area.
• Parking is located on-site. The existing food service use is located in a commercial,
mixed-use and residential area and generally operates from 11:00 a.m. to 12:00 a.m.,
Monday through Thursday; 11:00 a.m. to 1:00 a.m., Friday; 10:00 a.m. to 1:00 a.m.,
Saturday; and 10:00 a.m. to 12:00 a.m., Sunday. The outdoor dining area has been
conditioned to close by 10:00 p.m., daily. The private parking lot has historically
accommodated Cruisers Pizza Bar Grill and no traffic issues are anticipated with the
continued use of the expanded dining area.
• The restaurant use predates the issuance of use permits for eating and drinking
establishments. Therefore, a parking rate has not been formally required for Cruisers.
However, a parking rate of one space per 40 square feet of net public area is common
for businesses with operating characteristics and hours of operation similar to
Cruisers.
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• Prior to the construction of an outdoor dining area, Cruisers had a parking deficit of
38 parking spaces, at a rate of one parking space per 40 square feet of net public
area. The proposed patio will create additional demand and occupy four spaces,
increasing the establishment’s deficit to 59 spaces, at the rate mentioned above. See
Attachment No. ZA 4 for a detailed parking analysis.
• The City is also undergoing an analysis of parking rates including rates related to
food service and outdoor dining. Findings and recommendations of this study are
anticipated by Fall 2022, and may inform a future conditional use permit amendment
for outdoor dining areas.
• The applicant shall be required to obtain building permits for the proposed outdoor
dining structure.
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 672-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 these exemptions.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners and
residential occupants of properties within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
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APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. Administrative procedures for appeals are provided in
the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to appeal
any final action on a coastal development permit to the Planning Commission. The project
site is located within the appeal area of the coastal zone; therefore, final action by the City
may be appealed to the California Coastal Commission. For additional information on filing
an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MKN/cnc
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 Detailed Parking Analysis
ZA 5 Southern California Edison 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. XP2022-002 AND COASTAL
DEVELOPMENT PERMIT NO. CD2022-016 TO ALLOW AN
OUTDOOR DINING AREA LOCATED AT 801 EAST BALBOA
BOULEVARD (PA2022-049)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Cruisers Pizza Bar Grill, with respect to a property located at
801 East Balboa Boulevard and legally described as Lots 1 through 6 of Block 12 of the
Balboa Tract requesting approval of a limited term permit and coastal development permit.
2. The applicant proposes a 672-square-foot expanded dining area previously authorized
through Emergency Coastal Development Permit No. CD2020-029 and Emergency
Temporary Use Permit No. UP2020-011 (PA2020-084) for Cruisers Pizza Bar Grill for
up to a one-year term (July 28, 2022 through July 27, 2023).
3. The subject property is designated Mixed-Use Vertical (MU-V) by the General Plan Land
Use Element and is located within the Mixed-Use Vertical (MU-V) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed-Use Vertical (MU-V) and it is located within the Mixed-Use Vertical (MU-
V) Coastal Zone District.
5. A public hearing was held on July 28, 2022, online via Zoom. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. 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
Sections 15301 and 15303 under Class 1 (Existing Facilities) and Class 3 (New
Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential
to have a significant effect on the environment.
2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
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
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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 672-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 Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow an extended outdoor dining patio for one (1)-year term
while the City reconsiders its parking requirements related to food service uses. The
existing expanded outdoor dining area is authorized through Emergency Temporary Use
Permit No. UP2020-011 and Emergency Coastal Development Permit No. CD2020-029
(PA2020-084) and includes 672 square feet of net public area.
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. The operation of the expanded dining area is
limited to one (1) year beginning July 28, 2022, through July 27, 2023, and has been
reviewed and conditioned to preclude any detriment to the general welfare of the area.
3. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
4. 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
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permittee to implement and follow industry-specific guidance of the State of California and
the Orange County Health Care Agency guidelines.
5. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
6. The overall plan includes appropriate delineation of outdoor use spaces with physical
barriers or markers.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 0.35 acres in size and is a flat property adjacent to East
Balboa Boulevard and Main Street. An existing food service use began operating at 801
East Balboa Boulevard prior to 1967. Based upon the site plan, there is adequate area to
accommodate the expanded dining area without impacting traffic and pedestrian
circulation.
2. An existing food service use with outdoor dining is located on site. The lot is bounded by
commercial and mixed-use buildings to the west, and residentially zoned properties to the
east. To the north are mixed-use and commercial buildings. To the south are residential
units. The expanded outdoor dining use will not impede use and enjoyment of the
properties in the area.
3. The existing restaurant site has a deficit of thirty-eight (38) parking spaces. The expanded
dining area will reduce the private parking provided by four (4) parking spaces. The
modified design will clear the one-way drive-aisle circulation through the site and provide
a better flow of traffic for patrons seeking parking for the restaurant, as was the case before
the implementation of the establishment’s emergency temporary use permit. No ongoing
traffic or site circulation issues are anticipated.
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 lot is accessed from East Balboa Boulevard to the north and Main Street to
the west. Private parking is provided on-site. The food service use is located in a
commercial, mixed-use and residential area and currently to operates from 11:00 a.m. to
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12:00 a.m., Monday through Thursday; 11:00 a.m. to 1:00 a.m., Friday; 10:00 a.m. to 1:00
a.m., Saturday; and 10:00 a.m. to 12:00 a.m., Sunday. The parking lot on-site has
historically accommodated Cruisers and no traffic issues are anticipated with the continued
use of the expanded dining area.
Finding:
D.Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on-site or at alternate locations acceptable to the Zoning
Administrator; and
Facts in Support of Finding:
1.The existing business with outdoor dining has operated at the subject property since 2014.
The existing parking on-site has historically accommodated the food service use and is
expected to accommodate the temporary use.
2.The subject property’s restaurant use predates the issuance of use permits for eating and
drinking establishments. Therefore, a parking rate has not been formally established.
However, a parking rate of 1 space per 40 square feet of net public area is common for
businesses with similar operating characteristics to Cruisers.
3.The establishment maintains a total of twenty-one (21) existing parking spaces located on-
site. The outdoor dining area will create additional parking demand and occupy four (4)
spaces. Seventy-six (76) spaces are required per the parking rate established for similar
businesses, including the demand created by the outdoor dining area, resulting in a deficit
of fifty-nine (59) parking spaces.
4.The proposed outdoor dining area will use four (4) spaces, reducing the parking supply to
seventeen (17) spaces based on the provided site plan. While the anticipated parking
demand for the proposed outdoor dining area is not accommodated for on-site, there are
several public parking lots and street parking near the subject property. Furthermore,
Cruisers is proposing a bike parking area, further lessening the impact of the increased
parking demand for the business.
Finding:
E.The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1.The General Plan land use designation for this site is MU-V (Mixed-Use Vertical). The MU-
V designation is intended for the development of properties for mixed-use structures that
vertically integrate housing with retail uses including retail, office, restaurant, and similar
nonresidential uses. Food service uses are consistent with nonresidential uses permitted
in this zoning district, on the first floor. The expanded outdoor dining use is accessory to
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the existing food service use with outdoor dining, will be utilized for a limited duration on-
site, and will not impede use of the site consistent with the MU-V designation.
2. The site is located in the MU-V (Mixed-Use Vertical) Zoning District. The MU-V
designation is intended to provide for areas appropriate for the development of mixed-
use structures that vertically integrate residential dwelling units above the ground floor
with retail uses including office, restaurant, retail, and similar nonresidential uses located
on the ground floor or above. The expanded outdoor dining use is accessory to the
existing food service use with outdoor dining, will be utilized for a limited duration on-site,
and will not impede use of the site consistent with the MU-V designation. The MU-V zoning
district 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 MU-V Zoning
District. 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 request
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 its economic prosperity
while maintaining the unique character of the Balboa Peninsula community.
5. The site is not located within a specific plan area.
Coastal Development Permit
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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, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoints are the Balboa Pier and Peninsula Park, immediately to the south of the site
and the property is not visible from the either viewpoint. The expanded outdoor dining
area complies with all applicable Local Coastal Program (LCP) development standards
and maintains an area consistent with the existing pattern of development in the Balboa
Peninsula. The outdoor dining area has been reduced by over 2,000 square feet from the
scope approved by Emergency Temporary Use Permit No. UP2020-011 and Emergency
Coastal Development Permit No. CD2020-029 (PA2020-084), and placed entirely inside
four (4) parking stalls, instead of encroaching into the property’s drive aisle. This
improved, narrow design will be less visible from East Balboa Boulevard and Main Street.
2.The Property is located in the coastal zone and the proposed improvements require a
coastal development permit in accordance with Newport Beach Municipal Code
(NBMC) Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements constitute an increase of ten (10) percent or more
of the internal floor area of an existing structure or a lesser improvement that has
previously been undertaken pursuant to California Public Resources Code Section
30610(a). The expanded outdoor dining area and barrier within the private parking lot
are minor detached structures. The location of these improvements does not pose a
conflict to coastal resources, parking, coastal access, or other adverse environmental
effects.
3.The subject property’s restaurant use predates the issuance of use permits for eating and
drinking establishments. Therefore, a parking rate has not been formally established.
However, a parking rate of one (1) space per 40 square feet of net public area is common
for businesses with similar operating characteristics and hours of operation to Cruisers.
The establishment maintains a total of twenty-one (21) existing parking spaces located
on-site. Four (4) of these spaces will be occupied by the outdoor dining area. Seventy-six
(76) spaces are required per the parking rate established for similar businesses, including
the demand created by the outdoor dining area, resulting in a deficit of fifty-nine (59)
parking spaces.
4.The dining area barrier is installed within the private parking lot. The barrier delineates
the area dedicated for outdoor dining use and alcohol service from parking area. There
are no existing City utilities within the expanded dining area. Substantial barriers in the
form of water-filled barriers will be provided adjacent to drive aisles and parking areas
to ensure the safety of pedestrians from vehicle areas.
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5. Development authorized by this permit will not block public access to the coast. Coastal
access is increased by allowing commercial establishments to re-open, allowing the
public to visit coastal areas and providing an added amenity for visitors.
6. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
7. The proposed development will not result in the erection of any permanent structures
valued at more than $25,000.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement and the project’s impact and be proportional to the impact. In this
case vertical access is provided at Main Street, and lateral access is provided at East
Ocean Front. Furthermore, the project is designed and sited (appropriate height, setbacks,
etc.) so as not to block or impede existing public access opportunities.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2022-002 and Coastal Development Permit No. CD2022-016, 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
Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final
action taken by the City may be appealed to the Coastal Commission in compliance with
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Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations,
Sections 13111 through 13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF JULY, 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 July 28, 2022, to July 27, 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 672 square feet in area. The design and site
circulation shall occupy no more than four (4) existing parking spaces on-site
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
10:00 p.m., daily.
5. There shall be no use of amplified sound within the outdoor dining area.
6. The applicant shall install and maintain a physical barrier between any area in accordance
with the requirements of the State Department of Alcoholic Beverage Control.
7. The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
8. The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be
prohibited.
9. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
10. The permittee shall provide adequate trash receptacles within the permitted patio and 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.
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11. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
approval.
14. This Limited Term Permit 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.
15. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Limited Term Permit and Coastal
Development Permit.
16. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including without limitation, attorney’s fees, disbursements and
court costs) of every kind and nature whatsoever which may arise from or in any manner
relate (directly or indirectly) to City’s approval of this Limited Term Permit No. XP2022-
002 and Coastal Development Permit No. CD2022-016 (PA2022-049) for Cruisers
Pizza Bar Grill. This indemnification shall include, but not be limited to, damages
awarded against the City, if any, costs of suit, attorneys' fees, and other expenses
incurred in connection with such claim, action, causes of action, suit or proceeding
whether incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees,
and damages which City incurs in enforcing the indemnification provisions set forth in
this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
Building Division
17. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. A minimum 4-foot-wide accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite parking is
provided.
d. At least one (1) accessible seating area shall be provided.
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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.
18. All tops of dining and work surfaces shall be 28 inches to 34 inches above the finish
floor.
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. Detectable warning strips shall be provided where the pedestrian way cross into the
vehicular way.
Fire Department
21. Fire lane(s) shall be identified on the plan.
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. 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.
27. Heat lamps or other heating elements shall comply with the following requirements in
accordance with code section 3107.12 of the California Fire Code:
a. Propane and other fuel-based heating elements (including but not limited to
flammable/combustible gas, liquid, or solid materials) shall not be used within tents
or canopies.
b. Electric heaters must be UL listed for use within tents and/or canopies.
c. Propane and other fuel-based heating devices with blowers may be permitted, with
the heating element located a minimum of 10 feet from the edge of the tent or
canopy.
d. All heating equipment installations shall be approved by the fire code official.
28. 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.
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Zoning Administrator Resolution No. ZA2022-###
Page 12 of 12
01-25-19
• 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.
Public Works Department
29. The Applicant shall install and maintain a substantial physical barrier (water-filled traffic
barrier or K-rail between any area used and adjacent to any street, driveway, or parking
area). The barrels shall not project into the adjacent drive aisle.
30. There shall be a minimum of 5 feet of space around all overhead facilities such as power
poles and 15 feet of spaces around all underground facilities, such as vault lids, vent pipes,
pad mounted transformers, etc.
31. Seating or structures below overhead conductors and/or under the “drip line” shall be
prohibited.
32. Public eating/dining at tables shall not be situated on top of energized vault lids, energized
underground structures, or next to vent pipes, etc.
33. Expanded outdoor dining areas shall adhere to the Southern California Edison clearance
decal requirements.
34. All dead-end drive aisles shall be accommodated a dedicated turn-around area and
minimum 5-foot hammerhead area.
35. Directional signage shall not impact the required dimensions of the drive aisle and parking
stalls.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Coastal Development Permit No. CD2022-016 and
Limited Term Permit No. XP2022-002
(PA2022-049)
801 East Balboa Boulevard
Subject Property
19
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
20
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: Cruisers Pizza Bar & Grill (PA2020-084)
▪ Emergency Temporary Use Permit No. UP2020-011
▪ Emergency Coastal Development Permit No. CD2020-029
Site Location 801 East Balboa Boulevard
Applicant Harold Wierenga of Cruisers Pizza Bar Grill, LLC
Property Owner 801 Balboa, LLC
On June 5, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-011 and Emergency Coastal Development Permit No. CD2020-
029. 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 Cruisers Pizza Bar & Grill
restaurant to ensure the safety of its employees and patrons, as described in Attachment
No. CD 2. The modified operations are summarized as follows:
1. Temporary closure of a portion of the on-site parking lot to create an outdoor dining
area with tables that are at least seven (7) feet apart. This will result in a temporary
loss of eleven (11) parking spaces with at least nine (9) spaces remaining to serve
the business. The temporary dining area will be delineated using chain-link fencing
and barrels.
2. Temporary to-go and waiting area on the southern side of the building. Social
distancing will be practiced using tape markers and stanchions. At clear width of at
least five (5) will be provided.
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
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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 and Emergency
Coastal Development Permit is temporary and only valid during the emergency order
established by Emergency Ordinance No. 2020-005.
2. The project, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19.
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
4. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
5. The plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
6. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
7. This Emergency Temporary Use Permit and Emergency Coastal Development
Permit does not extend the allowed hours and days of operation beyond those
currently permitted by any applicable City- or County-issued discretionary permit.
8. The proposed operation is necessary to provide adequate space to allow for
appropriate social distancing to prevent further spread of COVID-19. The proposed
site plan or use diagram provides adequate areas for patrons to practice social
distancing to reduce the likelihood of spreading COVID-19.
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IV. 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.
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.
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4. The existing allowed hours of operation of the establishment shall not be extended.
The area modified as part of this approval shall close by 9 p.m., Sunday through
Thursday and 10 p.m., Friday and Saturday.
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 maintain a substantial physical barrier between any area used
and adjacent to any street, driveway or parking area. Heavy water-filled barrels or
similar items shall be placed no more than five (5) feet apart at the driveway.
8. The applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or
consumption of alcohol is under the control of the applicant. The establishment shall
abide by all applicable regulations of the ABC.
9. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
10. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
11. Establishments that provide food service, shall abide by the COVID-19 Industry
Guidance: Dine-In Restaurants provided by the California Department of Public
Health and Department of Industrial Health.
12. The permittee shall provide adequate trash receptacles within the permitted patio
shall and the operator shall provide for periodic and appropriate removal of trash,
litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet
of the premises.
13. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons as follows:
a. An accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite
parking is provided.
d. Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide and 19 inches deep.
e. Detectable warnings are required when pedestrian paths cross or are adjacent
to a vehicular way where no physical barrier are provided to separate the two.
14. All tops of dining and work surfaces shall be 28 inches to 34 inches above the
finish floor.
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15. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
16. Fire lane(s) shall be identified on the plan.
17. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
18. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided
that the driver remains inside the vehicle and the vehicle is ready to move
immediately upon orders from emergency personnel.
19. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
20. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
21. All building exits shall remain free and clear of any obstacles that would impede
exiting from a building or suite and accessing the nearest public right-of-way.
22. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
23. The Community Development Director may immediately revoke this permit if the
Director determines that there has been a violation of any condition of approval. Any
revocation of an Emergency Temporary Use permit shall be deemed effective upon
the posting of a notice of revocation at the site of the business granted the emergency
temporary permit.
24. The Community Development Director may modify this Emergency Temporary Use
Permit. The Director shall notify the applicant of any proposed modification and a
decision to modify this permit shall be deemed effective upon the posting of a notice
of modification at the site of the business granted the emergency temporary use
permit
25. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed,
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.
26. Upon termination or repeal of Emergency Ordinance No. 2020-005, the Applicant
shall immediately work to remove the temporary improvements in a timely manner
and shall restore the expanded area back to its original use and improvements.
27. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
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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.
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 Written Project Description
CD 3 Site Plan Diagram
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
findings, and conditions of approval. This is an approved and executed permit and it
constitutes a contract between the City and Permittee for all purposes.
Applicant Name and Title
Signature Date
DocuSign Envelope ID: E269A91B-87D4-460E-A070-0C96DE77B64B
6/6/2020
Harold "Bud" Wierenga Owner
26
Attachment No. ZA 4
Detailed Parking Analysis
27
28
Attachment No. ZA 5
Southern California Edison Clearance Decals
29
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
30
31
D5432
Attachment No. ZA 6
Project Plans
33
Water Barriers for SafetyBarriers are 2'x6'123456789101112131617141520'10'Bike Parking14'2'48'Temporary Wood Structure. 4" off of Black cement. Joist 16" apart. EGRESS #12314ADA RAMP: 4x8', 4" RiseEXIT ONLYENTER ONLYDOOR TO RESTAURANTPedestrail WalkwaySIGNSIGNSIGNSIGNPedestrain"Caution Car Exit" SignCar "Caution Pedestrain Walkway" Sign34
1234567891011121316171415Bike Parking2'EGRESS #1EXIT ONLYENTER ONLYDOOR TO RESTAURANTSIGNSIGNSIGNSIGN40 PPL35