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HomeMy WebLinkAbout09_CDM Restaurant Limited Term Permit and CDP_PA2021-226 CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT November 24, 2021 Agenda Item No. 9 SUBJECT: CdM Restaurant (PA2021-226) Limited Term Permit No. XP2021-030 Coastal Development Permit No. CD2021-059 SITE LOCATION: 2325 East Coast Highway APPLICANT: Jordan Otterbein representing CdM Restaurant OWNER: Allyson Presta and Ron Presta PLANNER: Makana Nova, Senior Planner 949-644-3249, mnova@newportbeachca.gov LAND USE AND ZONING General Plan Land Use Plan Category: CC (Corridor Commercial) Zoning District: CC (Commercial Corridor) Coastal Land Use Plan Category: CC-B (Corridor Commercial 0.0 - 0.75 FAR) Coastal Zoning District: CC (Commercial Corridor) PROJECT SUMMARY A request for a limited term permit and coastal development permit to allow a 385-square- foot expanded outdoor dining area for up to a one-year term (January 1, 2022 through December 31, 2022). A 575-square-foot, 30-seat expanded dining area was previously authorized through Emergency Temporary Use Permit No. UP2020-015 (PA2020-086) for Corona del Mar (CdM) Restaurant. The proposed dining area would be reduced by 190 square feet. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) , 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; and 3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit No. XP2021-030 and Coastal Development Permit No. CD2021-059 (Attachment No. ZA 1). 1 CdM Restaurant (PA2021-226) Zoning Administrator, November 24, 2021 Page 2 Tmplt: 05/27/20 DISCUSSION The existing restaurant was authorized prior to the requirement for a use permit. Use Permit No. UP1179 allows on-sale alcoholic beverages and live entertainment (piano). The existing restaurant design includes 3,959-square feet of gross floor area and 1,243 square feet of interior net public area per Plan Check No. 1076-2018. The applicant requests a limited term permit and coastal development permit to allow a 385-square-foot expanded dining area for up to a one-year term (January 1, 2022 through December 31, 2022). A 575-square-foot, 30-seat expanded dining area was previously authorized through Emergency Temporary Use Permit No. UP2020-015 (PA2020-086) for Corona del Mar (CdM) Restaurant. The proposed dining area would be reduced by 190 square feet from its current condition. One 561-square-foot tent is proposed to cover the expanded dining area, which will require a building permit and Fire Marshall flame certification. Three parking stalls are provided on-site and an adjacent surface lot under common ownership at 710 Acacia Avenue serves the restaurant. The expanded dining area is located on a former driveway and does not occupy parking spaces. The existing food service use, CdM Restaurant, is located in a commercial corridor and proposes to operate all day and into the evening hours with peak hours when other retail and office uses in the area are typically not operating. The City has received several complaints that the restaurant is operating with unauthorized valet in the rear parking area and surrounding City streets. This approval provides conditions of approval requiring that the business shall cease valet operations unless a valet operations plan is approved by the Public Works Department. Sufficient parking is provided to serve the restaurant and ongoing traffic issues are not anticipated with the reduced size of the expanded dining area. 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. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2 CdM Restaurant (PA2021-226) Zoning Administrator, November 24, 2021 Page 3 Tmplt: 05/27/20 The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The proposed scope of work is a maximum 385-square-foot expanded outdoor dining patio at an existing restaurant for a up to a one-year limited term and qualifies under the parameters of the Class 1 and Class 3 exemptions. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions. PUBLIC NOTICE Notice of this application was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of action. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64 and 21.64. The project site is not located within the appeal area of the coastal zone; therefore, final action by the City may not be appealed to the California Coastal Commission. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: MKN Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Emergency Temporary Use Permit Action Letter ZA 4 SCE Clearance Decals ZA 5 Project Plans 3 Attachment No. ZA 1 Draft Resolution 4 RESOLUTION NO. ZA2021-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LIMITED TERM PERMIT NO. XP2021-030 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-059 TO ALLOW AN EXPANDED OUTDOOR DINING AREA LOCATED AT 2325 EAST COAST HIGHWAY (PA2021-226) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jordan Otterbein, representing Corona del Mar (CdM) Restaurant, with respect to property located at 2325 East Coast Highway, and legally described as Lot 2, Block A, Tract 470, being a Resubdivision of Blocks A, B, C, & K of Tract No. 323 as shown on a map thereof recorded in Miscellaneous Map, Book 14 Pages 40 and 41 records of Orange County, California, requesting approval of a limited term permit and a coastal development permit. 2. The applicant requests a limited term permit and coastal development permit to allow a 385-square-foot expanded dining area for up to a one (1)-year term (January 1, 2022 through December 31, 2022). A 575-square-foot, 30 seat expanded dining area was previously authorized through Emergency Temporary Use Permit No. UP2020-015 (PA2020-086) for Corona del Mar Restaurant. The proposed dining area will be reduced by 190 square feet from its current condition. 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 24, 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), 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. 5 Zoning Administrator Resolution No. ZA2021-### Page 2 of 12 09-30-21 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The proposed scope of work is a maximum 385-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 was established prior to the requirement for a use permit and Use Permit No. UP1179 allows on-sale alcoholic beverages and live entertainment (piano). The existing restaurant design includes 3,959 square feet of gross floor area and 1,243 square feet of interior net public area per Plan Check No. 1076-2018. 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. 6 Zoning Administrator Resolution No. ZA2021-### Page 3 of 12 09-30-21 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 detrimental. The existing hours of operation are not limited by their existing conditional use permit, UP1179. The expanded outdoor dining area would close by 9:00 p.m., daily. 4. A condition of approval related to heaters is incorporated as Condition of Approval No. 32. The proposed dining area will also be covered with a tent and must comply with the fire requirements outlined in Condition No. 33. 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 physical barriers or markers. Substantial barriers (K-rail or water-filled barriers are required at either end of the drive aisle). 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 0.12 acres in size and is a gently sloping property adjacent to East Coast Highway. The existing food service use has operated at this location prior to 1966. Based upon the site plan, there is adequate area to accommodate the expanded dining area without impacting pedestrian circulation and coastal access. Vehicles will be directed to access the site through the rear alley and adjacent surface parking lot at 710 Acacia Avenue. 2. The lot is bounded by East Coast Highway to the northeast with residential properties inland to the southwest. To the southeast and northwest are additional retail properties within the Commercial Corridor zoning district. The expanded outdoor dining use will not 7 Zoning Administrator Resolution No. ZA2021-### Page 4 of 12 09-30-21 impede use and enjoyment of the properties in the area and will instead add to the ambiance and quaint character of Corona del Mar. 3. The expanded dining area is located in an existing drive aisle and will not occupy existing parking spaces. Ongoing traffic and site circulation issues are not anticipated and the applicant must obtain an approved valet plan. 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 the rear alley off of Acacia Avenue. An adjacent off-site surface parking lot is provided to the rear at 710 Acacia Avenue. The expanded dining area will not occupy existing parking spaces. The existing food service use, Corona del Mar (CdM) Restaurant, 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 in the area are typically not operating. Sufficient parking is provided and ongoing traffic and parking issues are not anticipated with the continued use of the expanded dining area. A valet plan approved by the Public Works Department is required for the restaurant to utilize valet services. Valet operations are not permitted on public streets. 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 prior to 1966. The commonly owned surface parking lot to the rear at 710 Acacia Avenue 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. 8 Zoning Administrator Resolution No. ZA2021-### Page 5 of 12 09-30-21 Finding: E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: 1. The General Plan land use designation for this site is 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, 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. 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 environmental setting, resources, and quality of life. Policy LU 2.4 Economic Development Accommodate uses that maintain or maintaining and improving the quality of life for current and future residents. (Imp 1.1, 24.1) 4. Council Policy D-9 recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community. The policy recognizes the need to provide effective and efficient structures for implementing economic programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy economy while preserving the unique commercial villages in Newport Beach. The 9 Zoning Administrator Resolution No. ZA2021-### Page 6 of 12 09-30-21 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. 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 and coastal view roads are located along Ocean Boulevard and the site is not visible from this street. 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 Corona del Mar. 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 public walkway 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 planter barrier is installed within the existing driveway. Additional barriers will further delineate the area dedicated for outdoor dining use and alcohol service from the egress walkway. 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 (ESHA) and public access to the coast will not be blocked. Coastal access is increased by allowing the public to visit coastal areas and provides an added amenity 10 Zoning Administrator Resolution No. ZA2021-### Page 7 of 12 09-30-21 for visitors. The proposed operation does not contain ESHA, wetlands, or sandy beach area; 6. Development authorized is not located in an area in which the California Coastal Commission retains direct permit review authority. Finding: G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The 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 portional 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. XP2021-030 and Coastal Development Permit No. CD2021-059 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 24TH DAY OF NOVEMBER, 2021. ____________________________ Jaime Murillo, Zoning Administrator 11 Zoning Administrator Resolution No. ZA2021-### Page 8 of 12 09-30-21 CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved site plan 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 for up to a one (1)-year term 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 385 square feet in area. 4. The existing allowed hours of operation of the establishment shall not be extended. The hours of hours of operation of the expanded area as part of this approval shall not extend beyond 9 p.m., daily. 5. A valet plan approved by the Public Works Department is required for the restaurant to utilize valet services. Valet operations are prohibited on public streets. 6. There shall be no use of amplified sound and/or live entertainment. 7. The applicant shall install and maintain a physical barrier (stanchion and rope) between any area used and adjacent common pedestrian walkways in accordance with the requirements of the State Department of Alcoholic Beverage Control. 8. The Applicant shall obtain and maintain authorization from the State Department of Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of alcohol is under the control of the applicant. The establishment shall abide by all applicable regulations of the State Department of Alcoholic Beverage Control. 9. T prohibited. 10. The establishment shall abide by all applicable Orange County Health Care Agency requirements. 12 Zoning Administrator Resolution No. ZA2021-### Page 9 of 12 09-30-21 11. The permittee shall provide adequate trash receptacles within the permitted patio shall and the operator shall provide for periodic and appropriate removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 12. The Community Development Director or designee may inspect the modified area at any time during normal business hours. 13. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 14. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 15. This Limited Term Permit and Coastal Development Permit be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 16. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Limited Term Permit and Coastal Development Permit. 17. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, court costs) of every kind and nature whatsoever which may arise from or in any manner r this Limited Term Permit No. XP2021- 030 and Coastal Development Permit No. CD2021-059 (PA2021-226) for Corona del Mar Restaurant. 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. 13 Zoning Administrator Resolution No. ZA2021-### Page 10 of 12 09-30-21 Code Enforcement Division 18. The applicant shall cease valet operations unless an approved valet operations plan is approved by the Public Works Department. Building Division 19. Any areas used for temporary commercial or institutional use shall be accessible to disabled persons. a. A minimum 4-foot-wide accessible path to all functional area shall be provided. b. Access to restrooms shall be provided at all times. c. Accessible parking stalls shall not be used for seating areas when onsite parking is provided. d. At least one (1) accessible seating area shall be provided. 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). 20. 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. 21. Accessible seating at tables or counters shall provide knee clearance of at least 27 inches high, 30 inches wide, and 19 inches deep. 22. The tops of dining surfaces shall be 28 inches to 34 inches above the finished floor. 23. Exit signs shall direct occupants to egress through the alley to the public street (Acacia Avenue) when the outdoor dining area prevents direct exit. 24. The applicant shall obtain a separate building permit for installation of the covered tent/ membrane structure prior to the effective date of this limited term permit (January 1, 2022). 25. The application shall provide additional information regarding the size and location of the tent. The tent area must comply with the California Building Code Section3102, 3103, and 3105 as applicable. Fire Department 26. Fire lane(s) shall be identified on the plan. 27. Parking, displays, seating or other obstacles that interfere with emergency vehicles and personnel shall not be permitted in fire lanes. 28. 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. 14 Zoning Administrator Resolution No. ZA2021-### Page 11 of 12 09-30-21 29. All Fire Department devices (fire hydrants, fire department connections, water valves, etc.) shall have a three-foot clearance in all directions. 30. Fire Department devices shall not be covered, blocked or otherwise hidden from plain view. 31. 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. 32. Heat lamps or other heating elements shall comply with the following requirements in accordance with code section 3107.12 of the California Fire Code: a. Propane and other fuel-based heating elements (including but not limited to flammable/combustible gas, liquid, or solid materials) shall not be used within tents or canopies. b. Electric heaters must be ul listed for use within tents and/or canopies. c. Propane and other fuel-based heating devices with blowers may be permitted, with the heating element located a minimum of 10 feet from the edge of the tent or canopy. d. All heating equipment installations shall be approved for the fire code official. 33. Covered outdoor dining areas (separate or consolidated) shall comply with the following standards for tents larger than 400 square feet (2 or more walls) and/or canopies larger than 700 square feet (no walls or one (1) wall): Post maximum occupant load. Do not exceed posted occupant load inside the tent or canopy. Visible and Mounted Fire Extinguishers with current service tags. No Smoking Signs shall be installed. Illuminated Exit Signs shall be installed. Emergency Lighting shall be provided. Exit doors are not to be blocked and are to remain accessible as exits while the tent is occupied. All interior decorative fabrics or materials shall be flame resistant. Provide Certificates of Flame Resistance. 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. 15 Zoning Administrator Resolution No. ZA2021-### Page 12 of 12 09-30-21 Public Works Department 34. The Applicant shall install and maintain a substantial physical barrier (water-filled traffic barrier or K-rail) at both ends of the closed drive aisle. Appropriate signage shall be placed at the driveway indicating that it is closed to vehicular traffic. 35. 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. 36. prohibited. 37. Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc. 38. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples provided in Attachment No. ZA 3. 39. The restaurant shall not utilize valet services unless a valet operations plan has been approved by the Public Works Department. Valet operations in the public right-of-way shall be prohibited. 16 Attachment No. ZA 2 Vicinity Map 17 VICINITY MAP Limited Term Permit No. XP2021-030 and Coastal Development Permit No. CD2021-059 (PA2021-226) 2325 East Coast Highway Subject Property 18 Attachment No. ZA 3 Emergency Temporary Use Permit Action Letter 19 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY TEMPORARY USE PERMIT ACTION Subject: Corona del Mar Restaurant ETUP and ECDP (PA2020-086) Emergency Temporary Use Permit No. UP2020-015 Emergency Coastal Development Permit No. CD2020-031 Site Location 2325 East Coast Highway Applicant River Jetty CDM Property Owner Allyson Presta of Blackbird Investments On June 10, 2020, the Community Development Director approved Emergency Temporary Use Permit No. UP2020-015 and Emergency Coastal Development Permit No. CD2020- 031. This approval is based on the following findings and subject to the following conditions. I. SUMMARY OF PROPOSED OPERATION An emergency temporary use permit and emergency coastal development permit to allow an outdoor dining patio (approximately 575 square feet, 30 seats) within an existing private drive aisle. 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) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions necessary to prevent or mitigate an emergency. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The project includes a 575- square-foot outdoor dining patio area expansion to an existing restaurant and is within the parameters noted for these exemptions and will not have a significant effect on the environment. 20 Corona del Mar Restaurant ETUP and ECDP (PA2020-086) June 10, 2002 Page 2 Tmplt: 05/22/2020 III. EMERGENCY TEMPORARY USE PERMIT FINDINGS In this case the Community Development Director has found that the temporary use would not create a hazard to the health, safety or welfare of the community for the following reasons: 1. The operation authorized by this Emergency Temporary Use Permit and Emergency Coastal Development Permit is temporary and only valid during the emergency order established by Emergency Ordinance No. 2020-005; 2. The project, implementation of all conditions of approval, will be operated safely thereby helping reduce the spread of COVID-19. The proposed operation is necessary to provide adequate space to allow for appropriate social distancing; 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 proposed operation has been reviewed by and is acceptable to the Building Division, Fire & Life Safety Division, and the Public Works Department. Conditions of Approval are included to help ensure this operation is not detrimental; 6. The proposed operation does not constitute an increase in the overall occupant load beyond what the existing Use Permit and/or Certificate of Occupancy allow; 7. The proposed outdoor dining patio shall not operate after 9:00 p.m. and amplified sound shall not be permitted to ensure neighborhood compatibility; 8. The overall plan includes appropriate delineation of outdoor use spaces with physical barriers or markers; 9. The proposed operation is conditioned to be accessible to all persons, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA); 10. The operation plan ensures safe circulation and queueing for all drivers and pedestrians in the area; 11. There is adequate parking available to serve the proposed operation; and 21 Corona del Mar Restaurant ETUP and ECDP (PA2020-086) June 10, 2002 Page 3 Tmplt: 05/22/2020 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. Public comment on this action was not feasible in the interest of time; 3. 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; 4. 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.; and 5. Development authorized is not located in an area in which the California Coastal Commission retains direct permit review authority. IV. CONDITIONS OF APPROVAL 1. Only that specifically described above is authorized, subject to the conditions set forth below. Any additional changes require separate review and may necessitate separate authorization from the Director. The extended outdoor dining patio shall operate in substantial conformance with the site plan shown in Attachment No. CD 3. 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. The hours of hours of operation of the area modified as part of this Emergency Temporary Use Permit shall not extend beyond 9:00 P.M. 4. No amplified sound shall be permitted in the extended outdoor dining patio. 22 Corona del Mar Restaurant ETUP and ECDP (PA2020-086) June 10, 2002 Page 4 Tmplt: 05/22/2020 5. The overall occupant load for the establishment shall not increase as part of this Emergency Temporary Use Permit. 6. The extended outdoor dining patio shall be limited to approximately 575 square feet and 30 seats. The extended dining patio shall not block the stairway to the second floor level. 7. Any areas used for temporary dining shall be made accessible to disabled persons. 8. The applicant shall obtain and maintain authorization from the State Department of Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of alcohol is under the control of the applicant. The establishment shall abide by all applicable regulations of the State Department of Alcoholic Beverage Control. 9. 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. Building 13. Any areas used for temporary commercial or institutional use shall be accessible to disabled persons. a. An accessible path to all functional area shall be provided. b. An accessible path to seating shall be provided with a minimum 5% slope. c. Access to restrooms shall be provided at all times. d. Accessible parking stalls shall not be used for seating areas when onsite parking is 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. 14. 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. 15. Accessible seating at tables or counters shall provide knee clearance of at least 23 Corona del Mar Restaurant ETUP and ECDP (PA2020-086) June 10, 2002 Page 5 Tmplt: 05/22/2020 16. floor. 17. Exit signs shall direct occupants to egress through the alley to the public street (Acacia Avenue) when the outdoor dining area prevents direct exit. Fire 18. 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. Public Works 19. The temporary outdoor dining area shall provide blue painted potted planter barriers at the drive aisle ends to delineate the outdoor dining area. Other patio areas shall be delineated with stanchion and rope barriers. 20. The Community Development Director or designee may inspect the modified area at any time during normal business hours. 21. 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 22. 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. 23. 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. 24. 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. 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, 24 Corona del Mar Restaurant ETUP and ECDP (PA2020-086) June 10, 2002 Page 6 Tmplt: 05/22/2020 disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner r this Emergency Temporary Use Permit and Emergency Coastal Development Permit for Corona del Mar Restaurant. 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. V. 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, Senior Planner Attachments: CD 1 Filed Application CD 2 Written Project Description CD 3 Site Plan Diagram and Supporting Photographs 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. Insert applicant name and title Signature Date 25 Corona del Mar Restaurant ETUP and ECDP (PA2020-086) June 10, 2002 Page 7 Tmplt: 05/22/2020 Attachment No. CD 1 Filed Application 26 27 28 29 30 31 32 Attachment No. CD 2 Written Project Description 33 34 Corona del Mar Restaurant ETUP and ECDP (PA2020-086) June 10, 2002 Page 2 Tmplt: 05/22/2020 Attachment No. CD 3 Site Plan and Supporting Photographs 35 CdM Restaurant Site PlanBright blue painted planter pots 48-inch wide accessible path of travelExpanded outdoor patio area with stanchion and rope barrier 575 sq. ft., 30 seats 10 ft. 65 ft. 36 From:Jordan Otterbein To:Nova, Makana Subject:Blocked entrance Date:Friday, June 05, 2020 11:59:50 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. CDM restaurant Jordan Otterbein Managing Partner jordan@riverjettyrg.com 37 38 39 Attachment No. ZA 4 SCE Clearance Decals 40 SOUTHERN CALIFORNIA EDISON TRANSMISSION AND DISTRIBUTION BUSINESS UNIT Approved Decals June 8, 2020 41 42 D5443 Tmplt: 05/27/20 Attachment No. ZA 5 Project Plans 44 Seated Patio Space Under Tented Structure: 5161sq ft) Walk-Way and Stairs to CDM Entrance main entrance CDM RESTAURANT ALLEY PCH Driveway Entrance Porte Cochere Back Patio to be reduced and removed. (385sq ft) Substantial barriers Substantial barriers Signage notifying vehicles of drivewayclosure 45