HomeMy WebLinkAbout03_Pirozzi Corona Del Mar LTP and CDP_PA2023-0231CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT April 25, 2024 Agenda Item No. 3
SUBJECT: Pirozzi Corona Del Mar (Foretti’s) (PA2023-0231)
Limited Term Permit
Coastal Development Permit SITE LOCATION: 2929 East Coast Highway
APPLICANT: Edmond Bourke for Pirozzi Corona Del Mar (Foretti’s) OWNER: Sibling & Associates, LLC PLANNER: Laurel Reimer, Consultant Planner lreimer@sagecrestplanning.com
LAND USE AND ZONING
•General Plan Land Use Plan Category: Corridor Commercial (CC)
•Zoning District: Commercial Corridor (CC)
•Coastal Land Use Plan Category: CC-B (Corridor Commercial – 0.0-0.75 FAR)
•Coastal Zoning District: Commercial Corridor (CC)
PROJECT SUMMARY
A request for a limited term and coastal development permit to allow a 375-square-foot maximum expanded dining area for up to a one-year term (January 1, 2024 through December 31, 2024). An expanded dining area was previously authorized through
Emergency Temporary Use Permit No. UP2020-018 and Emergency Coastal Development Permit No. CD2020-034 (PA2020-089) and subsequent extensions.
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 Class 3 (NewConstruction or Conversion of Small Structures) of the CEQA Guidelines,California Code of Regulations, Title 14, Division 6, Chapter 3, because it has nopotential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving a Limited TermPermit and Coastal Development Permit filed as PA2023-0231 (Attachment No.ZA 1).
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Pirozzi Corona del Mar (Foretti’s) (PA2023-0231) Zoning Administrator, April 25, 2024 Page 2
DISCUSSION
•An application was filed by Edmond Bourke with respect to property located 2929
East Coast Highway requesting a limited term and coastal development permit to
allow a 375-square-foot expanded outdoor dining area (aka patio) to serve Foretti’srestaurant for up to a one-year term (January 1, 2024 through December 31,2024).
•The patio was originally authorized on June 12, 2020 by the CommunityDevelopment Director through Emergency Temporary Use Permit No. UP2020-018and Emergency Coastal Development Permit No. CD2020-034 (PA2020-089). Thepatio was later incorporated into Emergency Temporary Use Permit No. UP2020-
111 and Coastal Development Permit No. CD2020-107 (PA2020-201), which
authorized multiple patios for the entire multi-tenant, commercial, developmentwhich the restaurant is located within.
•The patio specific to Foretti’s has been extended beyond its initial term through
approval of Limited Term Permit and Coastal Development Permit PA2021-213and again through PA2022-0181. The later expired on December 31, 2023. Copiesof past approvals are available as Attachment No. ZA 3. There have been nocomplaints received by the City to date regarding operation of the patio.
•The current patio proposal will reduce the size of the patio from 435 square feetauthorized by PA2022-0181 to 375 square feet. A 375-square-foot tent will coverthe patio. A site plan showing the size and location of the patio is available asAttachment No. ZA 4.
•The patio will displace three off-street parking spaces. A minimum of one accessibleparking space will remain available at all times. Peak business hours for Foretti’s are
generally within the evening, when other retail and office uses on the property are
typically closed. Sufficient parking is provided on-site and no traffic issues areanticipated with the continued use of the patio. To date, no complaints regarding theavailability of parking have been received.
•Foretti’s restaurant has operated in this location since 2014. The existing foodservice use is authorized through Use Permit No. UP2014-001 (PA2013-249) andincludes a 323-square-foot outdoor dining patio. The expanded patio area willcomplement the existing patio by providing additional outdoor seating. The hours
of operation for the restaurant remain unchanged by the patio and the patio will not
operate beyond 9:00 p.m., daily.
•The Police Department has reviewed the proposed application and has no objections
to the request. The Police Department crime and alcohol related statistics are
attached (Attachment No. ZA 5).
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•As the subject property is located within the Coastal Zone, a Coastal DevelopmentPermit is required. The patio will not impede pedestrian coastal access since the
patio is entirely located within private property and is not directly adjacent to the water
or beach.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) 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 project authorizes a temporary, 375-square-foot outdoor dining area within the parking lot of an existing restaurant and is within the parameters noted for these exemptions and will no have a significant effect on the environment. 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 public hearing was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of the action. For additional information on filing an appeal,
contact the Planning Division at 949-644-3200.
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Prepared by: ____________________
___________________
Laurel Reimer Consultant Planner
JP/lr Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map
ZA 3 Previous Emergency Temporary Use Permit Approvals
ZA 4 Project Plans ZA 5 Police Statistics
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2024-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A TEMPORARY EXPANSION OF THE OURDOOR DINING AREA LOCATED AT 2929 EAST COAST HIGHWAY (PA2023-0231)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Edmond Bourke, representing Pirozzi Corona del Mar
(Foretti’s), with respect to property located at 2929 East Coast Highway, and legallydescribed as Parcel 1 of Resubdivision 179 being Lots 3, 4, and 5 and a portion of Lot2, of Block G, Tract 323, M.M. 14-40, 41 in the City of Newport Beach, Orange County,California (Property).
2.The Applicant requests approval of a limited term and a coastal development permit toallow a 375 square foot maximum expanded dining area for up to a one-year term(January 1, 2024 through December 31, 2024) (Project).
3.The subject property is designated CC (Corridor Commercial) by the General Plan Land
Use Element and is located within the CC (Commercial Corridor) Zoning District.
4.The subject property is located within the coastal zone. The Coastal Land Use Plancategory is CC-B (Corridor Commercial – 0.0 - 0.75 FAR) and it is located within the CC
(Commercial Corridor) Coastal Zoning district.
5.Pursuant to Assembly Bill No. 1217, a local jurisdiction that has not adopted an ordinancethat provides relief from parking restrictions for expanded outdoor dining areas isauthorized to reduce the number of required parking spaces for existing uses by the
number of spaces that the local jurisdiction determines are needed to accommodate an
expanded outdoor dining area.
6.A public hearing was held on April 25, 2024, online via Zoom. A notice of the time, place,and purpose of the hearing was given by 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 categorically exempt pursuant to Title 14 of the California Code of
Regulations pursuant to Section 15301, Division 6, Chapter 3, Guidelines forImplementation of the California Environmental Quality Act (CEQA) under Class 1(Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of
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Small Structures) 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 an existingor former use. The Class 3 exemption includes a store, motel, office, restaurant, orsimilar 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 project authorizes a temporary 375-square-
foot outdoor dining area within the parking lot of an existing restaurant and qualifies underthe parameters of the Class 1 and Class 3 exemptions.
3.The exceptions to the categorical exemptions 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 theenvironment due to unusual circumstances, does not damage scenic resources withina state scenic highway, is not a hazardous waste site, and is not identified as a historicalresource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040(G) (Limited Term Permits – Finding and Decision) of the
Newport Beach Municipal Code (NBMC), the findings and facts in support of such findings are set forth as follows:
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 a temporary outdoor dining area within the parking lot
of Foretti’s restaurant. The temporary outdoor dining area would serve as additional
outdoor seating for guests and is fully located on private property.
2.A dining area barrier is installed within the existing parking lot. The barrier delineatesthe area dedicated for outdoor dining use and alcohol service from the parking lot and
drive aisle. There are no existing City utilities within the expanded dining area.
3.Condition of Approval No. 3 limits the operation of the expanded dining area for up to aone-year term, terminating on December 31, 2024.
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4.Outdoor dining areas are common in the Corona del Mar commercial corridor, havebeen used at the subject property during similar hours in the past and the use has notproven detrimental. Condition of Approval No. 6 limits the hours of operation for the
restaurant and patio from 12:00 p.m. to 9:00 p.m., daily.
5.The expanded dining area has not posed a hazard to the general welfare of personsresiding in the area since it was placed during the COVID-19 pandemic in 2020 throughan Emergency Temporary Use Permit.
6.The proposed operation is conditioned to be accessible to all persons, including thosewith disabilities, in accordance with the Americans with Disabilities Act (ADA), asrequired by Condition of Approval No. 26.
7.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 responsibilityof the permittee to implement and follow industry-specific guidance of the State ofCalifornia and the Orange County Health Care Agency guidelines.
8.The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
9.The patio was originally authorized on June 12, 2020 by the Community DevelopmentDirector through Emergency Temporary Use Permit No. UP2020-018 and EmergencyCoastal Development Permit No. CD2020-034 (PA2020-089). The patio was later
incorporated into Emergency Temporary Use Permit No. UP2020-111 and CoastalDevelopment Permit no. CD2020-107 (PA2020-201), which authorized multiple patiosfor the entire multi-tenant, commercial, development which the restaurant is locatedwithin.
10.The restaurant operates with Minor Use Permit No. 2014-001. Condition of Approval No.1 requires all Conditions of Approval from Minor Use Permit No. 2014-001 be adhered forthis temporary patio, unless otherwise modified by the conditions of approval containedherein. No live entertainment, exterior amplified music, sound systems, televisions, paging
systems, etc. shall be permitted within the temporary patio.
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 property is approximately 0.54 acres in size and gently slopes toward EastCoast Highway. The existing food service use with outdoor patio dining has operated atthis location since its original approval in 2014.
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2. The subject property is bounded by East Coast Highway, Iris Avenue, an adjacent retailproperty and the Port Theater (a landmark theater), and residential properties to therear. The subject property is within the commercial corridor of Corona del Mar where
food service uses with outdoor dining are common. The expanded outdoor dining use,
which is accessory to an existing restaurant, is not anticipated to impede the use orenjoyment of the properties within the area and will instead add to the ambiance andquaint character of Corona del Mar.
3.The expanded dining area will occupy a three standard parking spaces. One accessible
parking space shall be maintained clear and accessible for use at all times. No traffic orsite circulation issues were experienced during the previous operation of the expandedoutdoor dining area and therefore, are not anticipated.
4.Given the expanded patio is located entirely on private property, impacts to pedestrian
circulation are not 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.
Facts in Support of Finding:
1.The subject property is irregularly shaped and developed with a multi-tenant commercialcenter. Primary vehicular access is taken from East Coast Highway with additionalvehicular access provided via rear alley and through an additional driveway on IrisAvenue. The patio will not block vehicular access to the site.
2.Peak hours for the restaurant are anticipated to be in the evening, when other retail andoffice uses on the property are typically closed. No traffic issues are anticipated with thecontinued 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 acceptableto the Zoning Administrator; and
Facts in Support of Finding:
1.The existing food service use with outdoor dining has operated at the subject propertysince 2014 and the expanded outdoor dining area has operated at the subject site since2020. The existing surface parking lot has historically served as the primary parking
supply for patrons. There are additional off-street parking spaces available onsite andon-street parking is available in proximity to the restaurant, along East Coast highway.
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2.Fact 2 in Support of Finding C incorporated by reference.
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 project site is categorized as Corridor Commercial (CC) by the Land Use Element of
the General Plan. The CC category is intended to provide for a range of neighborhood-serving retail and service uses along street frontages that are located and designed tofoster pedestrian activity. The expanded outdoor dining use is accessory to the existingfood service use with outdoor dining, will be utilized for a limited duration on-site, and
will not impede use of the site. Additionally, outdoor dining is a use that tends to foster
additional pedestrian activity.
2.The site is within the Commercial Corridor (CC) Zoning District. The CC district isintended to provide a range of neighborhood-serving retail and service uses along street
frontages that are located and designed to foster pedestrian activity. The CC Zoning
District allows food service uses and the expanded dining area is a temporary use,authorized with a limited term permit in the CC Zoning District.
3.The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CC Zoning District of
Corona del Mar in that it provides amenities that support visitors to the area and providesa social gathering place for those who live and work in the neighborhood, consistentwith General Plan Land Use Element Goal LU2, below. Additional benefits includeproviding opportunities for the continuation of local businesses that generate sales taxand 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. Thepolicy recognizes the need to provide effective and efficient structures for implementingeconomic programs, utilizing staffing to provide healthy, thriving businesses, and
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maintain a healthy economy while preserving the unique commercial villages in Newport Beach. The proposed limited term permit would support a local business and economic prosperity while maintaining the unique character of the Corona del Mar community.
5. The Property is not located within a specific plan area.
Coastal Development Permit In accordance with Section 21.52.015(F) (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 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 – Coastal Act Exemptions). The improvements constitute an increase of 10% 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 parking lot
are minor detached structures. The location of these improvements does not pose a
conflict to coastal resources, coastal access, or other adverse environmental effects. 2. An initial evaluation was conducted of the project site in accordance with NBMC Section 21.30.100 (Scenic and Visual Quality Protection). The project site is not located between
the first public roadway and the sea, the project site is not located on a coastal bluff or
canyon, and the project site is not adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. Furthermore, the development site contains no natural landforms or vegetation. The initial evaluation did not indicate that the project has the potential to significantly impact a public view or viewshed
or the scenic and visual qualities of the coastal zone.
3. The nearest coastal viewpoint is Begonia Park, over 1,500 feet northwest of the Property. The subject property is situated further inland than Begonia Park, at a higher elevation, and not within the viewshed of the park. Due to the distance of the expanded
outdoor dining area from the public viewpoint, the project will not impact coastal views.
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 Corona del Mar Village. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone.
4. The proposed outdoor dining area is located completely within private property.
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5.Improvements are complementary to the area; the subject restaurant and adjacentneighbors have similar outdoor dining improvements within the parking areas andwalkways of Corona del Mar.
6.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 isincreased by allowing commercial establishments to re-open allowing public to visitcoastal areas and provides an added amenity for visitors. The proposed operation doesnot contain ESHA, wetlands, or sandy beach area;
7.Development authorized is not located in an area in which the California CoastalCommission 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 of
shoreline of any body of water located within the coastal zone.
Facts in Support of Finding:
1.The project site is not located between the nearest public road and the sea or shoreline.Implementation Plan Section 21.30A.040 (Determination of Public Access/RecreationImpacts) 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, the project is not located by the sea where lateral and vertical coastal accesswould be needed.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project iscategorically exempt from the California Environmental Quality Act under Section 15301
under Class 1 (Existing Facilities) and 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 the Limited Term
Permit and Coastal Development Permit filed as PA2023-0231, 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 Resolutionwas adopted unless within such time an appeal or call for review is filed with theCommunity Development Director by the provisions of Title 20 Planning and Zoning and
Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code
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PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF APRIL 2024.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A” CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division 1. All conditions of approval from Minor Use Permit No. 2014-001 shall be adhered to unless specifically modified by the following set of conditions.
2. The expanded outdoor dining area location 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.
3. The approval of this Limited Term Permit and Coastal Development Permit shall be
effective from the effective date of this approval until December 31, 2024. The
applicant shall be required to cease all permitted operations and remove any
temporary improvements made to the outdoor spaces as part of this Limited Term Permit on or before December 31, 2024. No extension of time shall be authorized
under this Limited Term Permit and Coastal Development Permit.
4. The outdoor dining area shall not exceed 375 square feet and shall occupy no more
than three on-site parking spaces. One accessible parking space shall be maintained clear and accessible for use at all times.
5. The remaining on-site parking spaces shall remain free of obstructions and available
for vehicle parking. 6. The existing allowed hours of operation of the establishment shall not be extended.
The hours of operation of the temporary outdoor dining area as part of this
approval shall not extend beyond 12 p.m. to 9 p.m., daily.
7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval.
8. The Applicant shall adhere to all applicable State of California and Orange County Health Care Agency guidelines for the safe operation of the expanded outdoor dining area.
9. The Applicant shall comply with all federal, state, and local laws, and all conditions of
the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the Limited Term Permit. 10. The Applicant is required to obtain all applicable permits from the City’s Building
Division and Fire Department. The construction plans must comply with the most
recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the
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Orange County Health Care Agency is required prior to the issuance of a building permit. 11. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 (Community Noise Control) and other applicable noise control requirements of
the NBMC. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher:
Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM
Location Interior Exterior Interior Exterior
Single-, two-or multiple-family residential 45dBA 55dBA 40dBA 50dBA
Residential portions of mixed-use properties 45dBA 60dBA 40dBA 50dBA
Commercial N/A 65dBA N/A 60dBA
Industrial or
manufacturing N/A 70dBA N/A 70dBA
12. No outside paging system shall be utilized in conjunction with the expanded outdoor
dining area.
13. There shall be no use of amplified sound or live entertainment in the expanded outdoor dining area.
14. The expanded outdoor dining area shall be always maintained free of litter and graffiti. The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
15. Deliveries and refuse collection for the facility shall be prohibited between the hours
of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Limited Term Permit and Coastal Development Permit.
16. A Special Events Permit is required for any event or promotional activity outside the normal operating characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
17. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources.
The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.
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18. 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.
19. All trash shall be stored within a building or within dumpsters stored in a trash enclosure or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies.
20. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained
to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality
related requirements).
21. Before the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division.
22. 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.
23. The Community Development Director or designee may inspect the modified area at any time during normal business hours.
24. 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.
25. 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 the Pirozzi Corona del Mar Limited Term Permit and Coastal Development Permit including, but not limited to, PA2023-0231. 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,
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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 Department
26. Any areas used for temporary commercial or institutional use shall be accessible to disabled persons. a. A minimum 4-ft 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 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.
27. All exiting paths shall be a minimum 36 inches free and clear. All public walks and sidewalks shall be minimum 48 inches free and clear.
Fire Department
28. No heating equipment to be used in the tent unless approved by the Newport Beach Fire Department. 29. All exits from the existing building shall remain unobstructed and cannot exit into the tent.
30. Provide documents from the tent vendor indicating that the tent meets all smoke and flame spreading rates as required by the 2022 California Fire Code. 31. Fire extinguishers shall be provided in the tent.
32. Provide exit signs and no smoking signs in the tent. Public Works Department
33. The applicant shall install and maintain a substantial physical barrier (K-rail, water-filled traffic barrier or other barrier approved by the Public Works Department) between the proposed outdoor dining area and parking spaces and parking aisles in the parking lot. The physical barrier shall not encroach into the parking aisle or any required parking space.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Limited Term and Coastal Development Permit
(PA2023-0231)
2929 East Coast Highway
Subject Property
19
Attachment No. ZA 3
Previous Emergency Temporary Use Permit Approvals
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: Pirozzi Corona del Mar (PA2020-089)
▪ Emergency Temporary Use Permit No. UP2020-018
▪ Emergency Coastal Development Permit No. CD2020-034
Site Location 2929 East Coast Highway
Applicant Chef Alessandro Pirozzi of Pirozzi Culinary, Inc.
Property Owner Sibling Associates, LLC
On June 12, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-018 and Emergency Coastal Development Permit No. CD2020-
034. 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 Pirozzi Corona del Mar
restaurant to ensure the safety of its employees and patrons, as depicted in Attachment No.
CD 2. The modified operations are summarized as follows:
1. Temporary expansion of the existing restaurant into three (3) existing on-site parking
spaces to create an additional outdoor dining area that is approximately 465 square
feet. 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. Seven (7) on-site parking spaces will remain, including one
Americans With Disabilities Act (ADA) compliant parking space.
2. The temporarily expanded area will be protected from parking lot by heavy-duty
barriers.
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
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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.
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.
Furthermore, the area modified as part of this approval shall close by 9 p.m., Sunday
through Thursday, and by 10 p.m. on Fridays and Saturdays.
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
surrounding the perimeter of the temporarily expanded outdoor dining area to protect
it from vehicular traffic.
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 and shall be kept free and clear.
17. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
18. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided
that the driver remains inside the vehicle and the vehicle is ready to move
immediately upon orders from emergency personnel.
19. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
20. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
21. All building exits shall remain free and clear of any obstacles that would impede
exiting from a building or suite and accessing the nearest public right-of-way.
22. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
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.
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27. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of this
Emergency Temporary Use Permit/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 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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Alessandro Pirozzi OWNER/CEO
6/12/2020
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Attachment No. CD 1
Filed Application
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Attachment No. CD 2
Site Plan Diagram
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29
Temporary
Outdoor
Dining
Area
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Community Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA EMAIL
November 10, 2021
Attn: Edmound Bourke
2929 East Coast Highway
Newport Beach, CA 92625
Thad4a@gmail.com
Subject: Foretti’s (PA2021-213)
• CDP No. CD2021-053
• Limited Term Permit No. XP2021-028
2929 East Coast Highway
Dear Mr. Bourke,
It was a pleasure working with you on the above referenced application. Please be
advised that the subject application was approved by the Zoning Administrator on
November 10, 2021 and effective on November 25, 2021. A copy of the approved
resolution with findings and conditions is attached. If you have any questions, please
do not hesitate to contact me directly. Thank you and I look forward to working with
you again in the future.
For additional information on filing an appeal or should you have any questions,
please contact our office at 949-644-3200 or you may contact me directly at
mnova@newportbeachca.gov.
Sincerely,
MKN
c:
Sibling & Associates, LLC
Attn: James and Michael Ray
4667 MacArthur Boulevard
Newport Beach, CA 92660
California Coastal Commission
South Coast Area Office
200 Oceangate,10th Floor
Long Beach, CA 90802-4302
31
RESOLUTION NO. ZA2021-068 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LIMITED TERM PERMIT NO. XP2021-028 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-053 TO ALLOW AN EXPANDED OUTDOOR DINING AREA LOCATED AT 2929 EAST COAST HIGHWAY (PA2021-213)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Edmond Bourke, representing Pirmeta DBA Pirozzi Corona del Mar (Foretti’s), with respect to property located at 2929 East Coast Highway, and legally described as Parcel 1 of Resubdivision 179 being Lots 3, 4, and 5 and a portion of Lot 2, of Block G, Tract 323, M.M. 14-40, 41 in the City of Newport Beach, Orange County,
California, requesting approval of a limited term permit and a coastal development permit. 2. A request for a limited term and coastal development permit to allow a 435-square-foot maximum expanded dining area for up to a one (1)-year term (January 1, 2022 through December 31, 2022). An expanded dining area was previously authorized through
Emergency Temporary Use Permit No. UP2020-111 (PA2020-201) for Pirozzi Corona del Mar (Foretti’s). 3. The subject property is designated CC (Corridor Commercial) by the General Plan Land Use Element and is located within the CC (Commercial Corridor) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is CC-B (Corridor Commercial – 0.0 - 0.75 FAR) and it is located within the CC (Commercial Corridor) Coastal Zoning district.
5. A public hearing was held on November 10, 2021, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical
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Zoning Administrator Resolution No. ZA2021-068 Page 2 of 11
09-30-21
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 435-square-foot expanded outdoor dining patio at an existing restaurant for up to a one (1)-year limited term and qualifies under the parameters of the Class 1 and Class 3 exemptions.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource. SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040.G (Limited Term Permits) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
requested limited duration use; Facts in Support of Finding:
1. The limited term permit will allow an extended and expanded outdoor dining patio for up to
a one (1)-year term while the City reconsiders its parking requirements related to food service uses. The existing food service use is authorized through Use Permit No. UP2014-001 (PA2013-249) and includes 382 square feet of net public area with a 93-square-foot outdoor dining patio.
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 up to a one (1)-year beginning January 1, 2022, through December 31, 2022,
and has been reviewed and conditioned to preclude any detriment to the general welfare
of the area. 3. Outdoor dining areas are common in the Corona del Mar commercial corridor, have been used at the subject property during similar hours in the past and the use has not proven
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Zoning Administrator Resolution No. ZA2021-068 Page 3 of 11
09-30-21
detrimental. The existing hours of operation for the restaurant are 11:00 a.m. through 11:00 p.m., daily. The expanded outdoor dining area would close by 9:00 p.m., Monday through
Thursday, and by 10:00 p.m., Friday through Sunday, as required by Condition No. 5.
4. A condition of approval related to heaters is incorporated as Condition of Approval No. 19. The proposed dining area will also be covered with a tent and must comply with the fire requirements outlined in Condition No. 26.
5. The proposed operation is conditioned to be accessible to all persons, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA). 6. The permitted use shall adhere to applicable State of California and Orange County Health
Care Agency guidelines for the safe operation of the use. It is the responsibility of the
permittee to implement and follow industry-specific guidance of the State of California and the Orange County Health Care Agency guidelines. 7. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
8. The overall plan includes appropriate delineation of outdoor use spaces with temporary physical barriers or markers.
9. The expanded dining area will not impede pedestrian coastal access since this is an inland
property adjacent to East Coast Highway. 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 0.54 acres in size and is a gently sloping property adjacent to East Coast Highway. The existing food service use with outdoor dining has operated at this location since its original approval in 2013. Based upon the site plan, there is adequate area to accommodate the expanded dining area without impacting pedestrian circulation
and coastal access. 2. The lot is bounded by East Coast Highway to the east with residential properties inland to the west. To the north is an adjacent retail property and the Port Theater (a landmark theater) within the Commercial Corridor zoning district. To the south are additional retail
properties south of Iris Avenue within the Commercial Corridor zoning district. Existing food
service uses with outdoor dining and retail tenants are located at this site. The expanded outdoor dining use will not impede use and enjoyment of the properties in the area and will instead add to the ambiance and quaint character of Corona del Mar.
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3. The expanded dining area will occupy a three (3) standard parking spaces and relocate/restripe the existing van accessible space. No 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; Facts in Support of Finding:
1. The subject lot is accessed from East Coast Highway. A surface parking area is provided
on-site. The expanded dining area will occupy no more than three (3) standard parking spaces. The existing food service use, (Foretti’s), is located in a commercial corridor area and proposes to operate all day and into the evening hours with peak hours when other retail and office uses on the property are typically not operating. Sufficient parking is
provided on-site and no traffic issues are anticipated with the continued use of the
expanded dining area. 2. The City is also undergoing an analysis of parking rates including rates related to food service and outdoor dining. Findings and recommendations of this study are anticipated
by December of 2021, and may inform a future conditional use permit amendment for
outdoor dining areas. Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on-site or at alternate locations acceptable to the Zoning
Administrator; and Facts in Support of Finding:
1. The existing food service use with outdoor dining has operated at the subject property since 2013. The existing surface parking lot has historically served as the primary parking supply for patrons. The surface lot is expected to adequately accommodate the temporary use for up to a one (1)-year term.
2. The expanded dining area will not impede pedestrian access to the waterfront. Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
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Facts in Support of Finding:
1. The General Plan land use designation for this site is CC (Corridor Commercial). The CC
designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The expanded outdoor dining use is accessory to the existing food service use with outdoor dining, will be utilized for a limited duration on-site, and will not impede use of the site
consistent with the CC designation. Outdoor dining is a use that tends to foster additional
pedestrian activity. 2. The site is located in the CC (Commercial Corridor) Zoning District. The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street
frontages that are located and designed to foster pedestrian activity. The CC zoning
district allows food service uses and the expanded dining area is a temporary use, authorized with a limited term permit in the CC Zoning district. 3. The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CC Zoning District of
Corona del Mar in that it provides amenities that support visitors to the area and provides a social gathering place for those who live and work in the neighborhood, consistent with General Plan Land Use Element Goal LU2, below. Additional benefits include providing opportunities for the continuation of local businesses that generate sales tax and provide
opportunities for employment, which is consistent with General Plan Land Use Element
Policy LU 2.4 (Economic Development), also copied below: Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
visitors that enjoy the City’s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
enhance Newport Beach’s fiscal health and account for market demands, while
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy recognizes the need to provide effective and efficient structures for implementing economic programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Corona del Mar community. 5. The site is not located within a specific plan area.
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09-30-21
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth: Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding: 1. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is John Wayne Park and the site is only slightly visible as a small portion of a larger panoramic perspective from this vantage point. As currently developed, the existing commercial properties and residential condominiums along West Coast Highway (the nearest coastal view road) are located within the view shed of the site across Newport Bay.
However, 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 Lido Marina Village. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone.
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 parking lot are 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 adjacent
neighbors have similar outdoor dining improvements within the walkways of Corona del
Mar.
4. The dining area barrier is installed within the existing parking lot. The barrier delineates the area dedicated for outdoor dining use and alcohol service from the parking lot and drive aisle. There are no existing City utilities within the expanded dining area.
5. 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 visit coastal areas and provides an added amenity for visitors. The proposed operation does
not contain ESHA, wetlands, or sandy beach area;
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Zoning Administrator Resolution No. ZA2021-068 Page 7 of 11
09-30-21
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 project site is not 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, the project is not located by the sea where lateral and vertical coastal access would
be needed.
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. XP2021-028 and Coastal Development Permit No. CD2021-053 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. PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF NOVEMBER, 2021.
38
Zoning Administrator Resolution No. ZA2021-068 Page 8 of 11
09-30-21
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 as modified 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 1, 2022, to December 31, 2022, unless an extension is granted by the Zoning Administrator in compliance with Municipal Code Sections 20.52.040.J
(Extension of Limited Term Permit) and 21.54.060 (Time Limits and Extensions). The
applicant shall be required to cease all permitted operations and remove any temporary improvements made to the outdoor spaces as part of this approval at the end of the effective period
3. The expanded dining area shall not exceed 435 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., Monday through Thursday, and will close by 10:00 p.m., Friday through Sunday.
5. There shall be no use of amplified sound.
6. The applicant shall install and maintain a physical barrier between any area used and adjacent common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
7. The Applicant shall obtain and maintain authorization from the State Department of Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of alcohol is under the control of the applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
8. The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be prohibited.
9. The establishment shall abide by all applicable Orange County Health Care Agency
requirements. 10. The permittee shall provide adequate trash receptacles within the permitted patio shall and the operator shall provide for periodic and appropriate removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
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Zoning Administrator Resolution No. ZA2021-068 Page 9 of 11
09-30-21
11.The Community Development Director or designee may inspect the modified area at anytime during normal business hours.
12.The project is subject to all applicable City ordinances, policies, and standards, unlessspecifically 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 Use
Permit.
14.This Limited Term Permit and Coastal Development Permit be modified or revoked bythe 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 ormaintained 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 holdharmless 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 andcourt costs) of every kind and nature whatsoever which may arise from or in any mannerrelate (directly or indirectly) to City’s approval of this Limited Term Permit No. XP2021-
028 and Coastal Development Permit No. CD2021-053 (PA2021-213) for Foretti’s.
This indemnification shall include, but not be limited to, damages awarded against theCity, if any, costs of suit, attorneys' fees, and other expenses incurred in connection withsuch 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 shallpay to the City upon demand any amount owed to the City pursuant to theindemnification requirements prescribed in this condition.
Building Division
17.Any areas used for temporary commercial or institutional use shall be accessible todisabled 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 isprovided.
d.At least one (1) accessible seating area shall be provided.
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Zoning Administrator Resolution No. ZA2021-068 Page 10 of 11
09-30-21
e.Detectable warnings are required when pedestrian paths cross or are adjacent to avehicular way where no physical barrier are provided to separate the two (2).
18.All exiting paths shall be a minimum 36 inches free and clear. All public walks andsidewalks shall be a minimum 48 inches free and clear.
Fire Department
19.Fire lane(s) shall be identified on the plan.
20.Parking, displays, seating or other obstacles that interfere with emergency vehicles andpersonnel shall not be permitted in fire lanes.
21.Vehicles are permitted to stop in fire lanes awaiting service or delivery provided that thedriver remains inside the vehicle and the vehicle is ready to move immediately uponorders from emergency personnel.
22.All Fire Department devices (fire hydrants, fire department connections, water valves,etc.) shall have a three-foot clearance in all directions.
23.Fire Department devices shall not be covered, blocked or otherwise hidden from plainview.
24.All building exits shall remain free and clear of any obstacles that would impede exitingfrom a building or suite and accessing the nearest public right-of-way.
25.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 toflammable/combustible gas, liquid, or solid materials) shall not be used within tentsor 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, withthe heating element located a minimum of 10 feet from the edge of the tent orcanopy.d.All heating equipment installations shall be approved for the fire code official.
26.Covered outdoor dining areas (separate or consolidated) shall comply with thefollowing standards for tents larger than 400 square feet (2 or more walls) and/orcanopies 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.
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Zoning Administrator Resolution No. ZA2021-068 Page 11 of 11
09-30-21
• 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 Marshall tag indicating fire resistance.
• Tents and canopies shall be designed and installed to withstand the elements of
the weather and prevent collapsing through weights and ground anchorage. Public Works Department 27. 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). 28. There shall be a minimum of 5 feet of space around all overhead facilities, such as poles, and 15 feet of space around all underground facilities, such as vault lids, manholes, vent
pipes, pad-mounted transformers, etc. 29. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be prohibited.
30. Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc. 31. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples provided in Attachment No. ZA 3.
32. Service deliveries shall be prohibited through the rear alley at 436 Heliotrope Avenue. 33. The remaining on-site parking spaces shall remain free of obstructions and available for vehicle parking.
42
Attachment No. ZA 4
Project Plans
43
375
25.0’
1
5
.
0
’
375
698
44
Attachment No. ZA 5
Police Statistics
45
CITATIONS
GROUP A
OFFENSES
GROUP B
OFFENSES
CRIME
RATE
HIGHEST
VOLUME
ALL
ARRESTS
DUI
ALCOHOL
PUBLIC
INTOXICATION LIQUOR LAW HIGHEST
VOLUME
ALCOHOL
RELATED
2929 East Coast
Highway 11 8 1 N/A N/A 1 0 0 0 N/A 0
Subject RD:
RD44 6,532 270 103 9,670.49 THEFT/LARCENY 141 19 23 1 DISORDERLY
CONDUCT 18
Adjacent RD:
RD43 1,501 47 10 2,850.21 BURGLARY 17 3 0 0 DUI 1
Adjacent RD:
RD47 1,161 64 21 2,704.99 BURGLARY &
THEFT/LARCENY 33 5 2 0 NARCOTICS 1
Adjacent RD:
RD39 7,831 498 93 17,728.73 THEFT/LARCENY 243 16 22 0 NARCOTICS 13
Newport Beach 101,169 5,103 1,434 5,886.22 THEFT/LARCENY 2,732 291 339 7 NARCOTICS 312
Subject:Population ON-SALE
Licenses
ON-SALE License
Per Capita
OFF-SALE
Licenses
OFF-SALE License
Per Capita
TOTAL RETAIL
LICENSES
TOTAL RETAIL
LICENSES PER
CAPITA Subject:
CRIME
COUNT
DIFF FROM
AVG
%DIFF FROM
AVG
2929 East Coast
Highway N/A 1 N/A 0 N/A 1 N/A 2929 East Coast
Highway 9 N/A N/A
Subject Census
Tract: 627.02 4,515 65 69 6 753 71 64 Subject RD:
RD44 262 +144 +122%
Adjacent Census
Tract: 627.01 2,667 26 103 5 533 31 86 Adjacent RD:
RD43 40 -78 -66%
Adjacent Census
Tract: 626.42 2,849 6 475 5 570 11 259 Adjacent RD:
RD47 65 -53 -45%
Adjacent Census
Tract: 630.08 2,408 17 142 0 0 17 142 Adjacent RD:
RD39 425 +307 +260%
Newport Beach 86,694 279 311 66 1,314 345 251 Newport
Beach 4,484
Orange County 3,186,989 3,876 822 1,842 1,730 5,718 557
All Population figurs taken from 2020 US Census. Per BP 23958.4, the "ABC Crime Count" includes offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests
for other crimes, both felonies and misdemeanors (except traffic citations).
Summary for Foretti's at 2929 East Coast Highway (RD44)
Subject:
DISPATCH
EVENTS
ACTIVE RETAIL ABC LICENSES
ARRESTS
This report reflects City of Newport Beach data for 2022. The NIBRS Group A Offense category is made up of 49 offenses used to report crimes committed within a law enforcement agency's jurisdiction. NIBRS Group B Offenses are less serious
offenses that require an arrest to be reportable. Crime Rate refers to the number of Group A Crimes per 100,000 people.
RD Average = 118
ABC CRIME COUNT
REPORTED CRIMES
CHIEF JOSEPHL. CARTWRIGHT
Newport Beach Police Department
2022 Crime and Alcohol-Related Statistics
as of 07/18/2023
46
1
From:surendra verma <smverma1@yahoo.com>
Sent:April 23, 2024 4:33 PM
To:Laurel Reimer
Subject:PROJECT FILE : PA2023-0231 , ZONE: COMMERCIAL CORRIDOR (CC) , COASTAL LAND USE PLAN:
CC-B 0.0-0.75 FAR
LOCATION: 2929 EAST COAST HIGHWAY
ACTIVITY : LIMITED TIME PERMIT COASTAL DEVELOPMENT PERMIT , GENERAL PLAN: CORRIDOR
COMMERCIAL (CC)
Dear Mr. Reimer: I am sending you my comments on the above project in response to the Notice of Public Hearing. I am
opposed to the granting of this permit as it has been , and will continue to , very adversely affect my business, Mayur
Cuisine of India, located at 2931 East Coast Highway.
The 375 sq. ft. extended dining area is in the shared parking lot of the strip mall. Since Covid, this area has been
primarily and solely used by the applicant. This has restricted/limited my customers from parking on that side altogether.
In addition, there is a signboard outside Foretti which directs his customers to use the other side of the strip mall for
parking as well. The other parking is already very limited , because it is used by 3 other businesses, namely, Reborn
Coffee, F45 ( Exercise Place), and Cleaners, in addition to my business. Granting Foretti this permit will be very unfair -It
has been an unfair situation since Covid and granting this permit will perpetuate this unfairness.
I request your office to plan a visit to this location to assess the seriousness of the situation.
I request that this be given serious consideration. Thanking you very much,
Sincerely:
Anju Kapoor of Mayur Cuisine of India
2931 East Coast Highway, Corona Del Mar, 92625
Zoning Administrator - April 25, 2024 Item No. 3a - Additional Materials Received
Pirozzi Corona Del Mar (Foretti's) Limited Term Permit and Coastal Development Permit (PA2023-0231)
1
From:irene macauley <irene.macauley@gmail.com>
Sent:April 24, 2024 9:13 AM
To:CDD
Subject:Forettis restaurant
To whom it may concern,
Please allow Foretti’s restaurant to continue to have their tent in the parking lot.
This is a neighborhood restaurant, of high quality.
We patronize Foretti’s often. We prefer to be in the outdoor tent area. The restaurant is quite small.
The reason the tent is important, is that larger groups of people really can not fit into the indoor restaurant.
We have a local picnic group who assemble every month for dinner, and want to patronize a restaurnat In CDM. Our
group is between 15 and 25 people, and the indoor restaurant, although cozy, would not Allow us to gather there.
We also enjoy being outside, (particularly after covid), and prefer to Have our dinners in the tent.
The tent allows us to be together, to hear each other well, and to be a bit separate from the small Restaurant.
Thank!
Irene F. Macauley
Zoning Administrator - April 25, 2024 Item No. 3b - Additional Materials Received Pirozzi Corona Del Mar (Foretti's) Limited Term Permit and Coastal Development Permit (PA2023-0231)