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HomeMy WebLinkAboutZA2024-026 - APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A TEMPORARY EXPANSION OF THE OURDOOR DINING AREA LOCATED AT 2929 COAST HIGHWAY EAST (PA2023-0231) RESOLUTION NO. ZA2024-026 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 COAST HIGHWAY EAST (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 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 (“Property”). 2. The Applicant requests approval of a limited term and a 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) (“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 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. Pursuant to Assembly Bill No. 1217, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas is authorized 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 for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Zoning Administrator Resolution No. ZA2024-026 Page 2 of 12 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 existing or former 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 qualifies under the 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 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 – 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 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. 3. Condition of approval no. 3 limits the operation of the expanded dining area for up to a one (1)-year term, terminating on December 31, 2024. Zoning Administrator Resolution No. ZA2024-026 Page 3 of 12 4. 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 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 persons residing in the area since it was placed during the COVID-19 pandemic in 2020 through an Emergency Temporary Use Permit. 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), as required by Condition 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 responsibility of the permittee to implement and follow industry-specific guidance of the State of California 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 Development Director through Emergency Temporary Use Permit No. UP2020-018 and Emergency Coastal Development Permit No. CD2020-034 (PA2020-089). The patio 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, development which the restaurant is located within. 10. The restaurant operates with Use Minor Permit No. 2014-001. Condition of approval no. 1 requires all conditions of approval from Minor Use Permit No. 2014-001 be adhered to for this temporary patio, unless otherwise modified by the conditions of approval contained herein. 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 East Coast Highway. The existing food service use with outdoor patio dining has operated at this location since its original approval in 2014. Zoning Administrator Resolution No. ZA2024-026 Page 4 of 12 2. The subject property is bounded by East Coast Highway, Iris Avenue, an adjacent retail property and the Port Theater (a landmark theater), and residential properties to the rear. 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 or enjoyment of the properties within the area and will instead add to the ambiance and quaint character of Corona del Mar. 3. The expanded dining area will occupy a three (3) standard parking spaces. One (1) accessible parking space shall be maintained clear and accessible for use at all times. No traffic or site circulation issues were experienced during the previous operation of the expanded outdoor 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 commercial center. Primary vehicular access is taken from East Coast Highway with additional vehicular access provided via rear alley and through an additional driveway on Iris Avenue. 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 and office uses on the property are typically closed. 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 food service use with outdoor dining has operated at the subject property since 2014 and the expanded outdoor dining area has operated at the subject site since 2020. The existing surface parking lot has historically served as the primary parking supply for patrons. There are additional off-street parking spaces available onsite and on-street parking is available in proximity to the restaurant, along East Coast highway. 2. Fact 2 in Support of Finding C incorporated by reference. Zoning Administrator Resolution No. ZA2024-026 Page 5 of 12 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 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. 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 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 Zoning Administrator Resolution No. ZA2024-026 Page 6 of 12 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). 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. 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. Zoning Administrator Resolution No. ZA2024-026 Page 7 of 12 5. Improvements are complementary to the area; the subject restaurant and adjacent neighbors have similar outdoor dining improvements within the parking areas and walkways 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 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; 7. 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 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/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 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 Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director by the provisions of Title 20 Planning and Zoning and Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code Zoning Administrator Resolution No. ZA2024-026 Page 8 of 12 PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF APRIL 2024. Zoning Administrator Resolution No. ZA2024-026 Page 9 of 12 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 (3) on-site parking spaces. One (1) 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 Zoning Administrator Resolution No. ZA2024-026 Page 10 of 12 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. Zoning Administrator Resolution No. ZA2024-026 Page 11 of 12 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, Zoning Administrator Resolution No. ZA2024-026 Page 12 of 12 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 (1) accessible seating area shall be provided. e. Detectable warnings are required when pedestrian paths cross or are adjacent to a vehicular way where no physical barrier are provided to separate the two (2). 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.