HomeMy WebLinkAbout20190116_ZA Action LetterFrom: Crager, Chelsea
Sent: Thursday, January 16, 2020 3:01 PM
To: 'Dennis Reyling'
Subject: Lido House Temporary Tent Limited Term Permit - PA2019-244
Attachments: PA2019-244 - Lido House Temporary Tent.pdf
Good afternoon Dennis,
Please see the attached approval letter for the temporary tent structure at Topside at the Lido House
Hotel. If you have any questions about this please let me know.
Lauren also requested that we set up a time to tour the structure once it’s up and running.
Thanks!
CHELSEA CRAGER
Community Development Department
Associate Planner
ccrager@newportbeachca.gov
949-644-3227
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 | newportbeachca.gov
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200
www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Application No. Lido House Temporary Tent Structure (PA2019-244)
Limited Term Permit No. XP2019-011
Applicant R.D. Olson Development
Site Address 3300 Newport Boulevard
Legal Description Portion of APN 423-111-09
On January 16, 2020, the Zoning Administrator approved a limited term permit to allow
one 2,400-square-foot temporary tent stucture for a less than 90-day duration at the
rooftop deck venue area (Topside) at the Lido House Hotel. The tent structure is intended
to provide protection from light rain and wind for a limited period within the colder weather
months (January 31, 2020 through April 24, 2020). The property is located in the CV-LV
(Commercial Visitor-Serving - Lido Village) Zoning District. The approval is based on the
following findings and subject to the following conditions:
FINDINGS
Finding:
A. This project has been reviewed, and it has been determined that it is categorically
exempt from the requirements of the California Environmental Quality Act under
Class 11 (Accessory Structures);
Fact in Support of Finding:
1. Class 11 exempts the placement of seasonal or temporary use of items such as
lifeguard towers, mobile food units, portable restrooms, or similar items . The
proposed temporary tent structure will be placed on the existing roof deck of the
Lido House Hotel for a temporary time period (less than 90 days) and will be
ancillary to an existing hotel use. The proposed structure will partially enclose an
existing outdoor event space and it will not intensify the overall hotel use
authorized.
Lido House Temporary Tent Structure (PA2019-244)
January 16, 2020
Page 2
Finding:
B. 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 one temporary tent structure to provide weather
protection to the rooftop deck as conditioned. The tent structure will comply with all
conditions of approval from the Building Division and Fire Department, including no
fire appliances operable when the tent is present and no heating devices within the
tent area. Application of Building Code standards will ensure proper emergency
exiting. The tent structure will require a building permit and it must meet applicable
structural requirements.
2. The placement of the tent structure is limited from January 31, 2020, through April
24, 2020, and is made of a clear material to reduce the visual conflicts with
surrounding residents and businesses. Additionally, the height of the tent structure is
18 feet 6 inches above the existing rooftop venue area and it will be below the roofline
of the existing hotel.
3. The temporary tent structure will provide weather protection only to the existing
rooftop deck and will not alter any operational characteristics of the rooftop use
(Topside) or the hotel. The rooftop venue has been in operation since April 2018 and
the use has not proven to be detrimental.
4. The location of the temporary tent structure at the existing rooftop deck will not
displace any use or activities existing at the hotel.
5. Based upon the provided plans, there is adequate area on the roof deck to
accommodate the tent structure. There will be no change to the site plan or existing
uses at the hotel and there will therefore be no impact to vehicle circulation.
Finding:
C. 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 3.78 acres in size. The tent structure will be located
on the rooftop deck venue at the Lido House Hotel for a limited duration (less than
90 days) and it will not conflict with any landscape or parking/circulation areas. Based
Lido House Temporary Tent Structure (PA2019-244)
January 16, 2020
Page 3
upon the provided plans, there is adequate area on the roof deck to accommodate
the tent structure.
2. The lot is bounded by Newport Boulevard to the west, Via Oporto to the east, 32nd
Street to the south, and the Via Lido Plaza shopping center to the north. The lot is
separated from nearby mixed-use properties (Mixed-Use Cannery Village and 15th
Street Zoning District) by 32nd Street, and Via Oporto separates the lot from
residential properties (Planned Community No. PC59, Lido Villas Zoning District). All
other immediately surrounding uses are commercial. The proposed temporary tent
will not contribute to increased noise levels.
Finding:
D. 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 primarily takes access from Finley Avenue. The temporary tent
structure will be located on the existing roof deck and will have no impact to vehicular
or pedestrian access to the lot. No traffic or site circulation issues are anticipated.
2. The tent structure will be located on the existing roof deck with the purpose of
providing weather protection to the existing rooftop venue. There is no change in the
operational characteristics or allowed occupancy of the rooftop venue or the hotel
proposed. The tent structure therefore will not generate additional traffic or impede
access to parking or loading areas.
Finding:
E. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either onsite or at alternate locations
acceptable to the Zoning Administrator; and
Fact in Support of Finding:
1. The tent structure will be located on the existing roof deck with the purpose of
providing weather protection to the existing rooftop venue. There is no change in the
operational characteristics of the rooftop venue or the hotel proposed. The tent
structure therefore will not generate additional traffic or require additional parking.
Finding:
F. 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.
Lido House Temporary Tent Structure (PA2019-244)
January 16, 2020
Page 4
Facts in Support of Finding:
1. The General Plan land use designation for this site is Visitor-Serving Commercial –
Lido Village (CV-LV). The CV-LV designation is intended to allow for a range of
accommodations (e.g. hotels, motels, hostels), goods, and services intended to
primarily serve visitors to the City of Newport Beach. The proposed structure is
accessory to the existing hotel and rooftop venue use, will be utilized for a limited
duration onsite, and will not impede the use of the site consistent with the CV-LV
designation. The temporary tent structure does not change the characteristics of
the existing rooftop venue or hotel uses. The weather protection provided by the
tent structure will allow the rooftop venue to be utilized during colder winter months.
2. The site is located in the Commercial Visitor-Serving – Lido Village (CV-LV) Zoning
District. The CV-LV designation is intended to provide a range of accommodations
(e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors
to the City of Newport Beach and a fire station. The proposed use is ancillary to the
existing retail use, will be utilized for a limited duration onsite, and will not impede use
of the site consistent with the CV-LV designation. The proposed structure is
accessory to the existing hotel and rooftop venue use, will be utilized for a limited
duration onsite, and will not impede the use of the site consistent with the CV-LV
designation. The temporary tent structure does not change th e characteristics of
the existing rooftop venue or hotel uses. The weather protection provided by the
tent structure will allow the rooftop venue to be utilized during colder winter months.
3. The site is not located within a specific plan area.
CONDITIONS
(Project-specific conditions are in italics)
1. The development shall be in substantial conformance with the approved plans except
as noted in the following conditions.
2. Anything not specifically approved by this limited term permit is prohibited and must
be addressed by a separate and subsequent review.
3. The conditions of approval of Site Development Review No. SD2016-005 and Use
Permit No. UP2016-015 (PA2016-061) shall remain in effect. The applicant shall
comply with all applicable conditions of approval.
4. The tent structure shall be located within the existing roof deck as shown on provided
plans (Attachment No. ZA 2).
5. The 2,400-square-foot temporary tent structure is permitted onsite from January 31,
2020, through April 24, 2020. A tent structure on the rooftop deck any time other
than the dates specified is prohibited.
Lido House Temporary Tent Structure (PA2019-244)
January 16, 2020
Page 5
6. The applicant shall provide a 24-hour contact number for emergencies, complaints,
or concerns to Code Enforcement and interested parties upon request during the
time period the tent structure is authorized.
7. Fire appliances shall not be allowed to be operable when the tent is present. Thus,
the gas, which supplies the fire appliances, shall be turned off when the tent is
erected. The gas line shall be restricted with a Knox lock so that it cannot be turned
back on. The Knox lock shall be placed and removed while the Fire Department is
present. California Code of Regulations (CCR), Title 19, Division I, §321
Abatement of Fire or Panic Hazards and California Fire Code (CFC) Section
3104.7 applies.
8. Heating devices will not be allowed within the tent area. Blowers may be utilized
to heat the interior of the tent area. CCR, Title 19, Division I, §321 Abatement of
Fire or Panic Hazards applies.
9. An “F” Permit (plan check permit) and a “Tent Permit” (permit required by CFC) will
be required from the Fire Department for the tent. Plans shall be submitted and
approved by the Fire Department for the tent prior to installation. Upon plan
approval, an “F” permit will be issued by the City. After a fire inspection is
conducted of the tent, a Fire Tent Permit will be issued. CFC Section 3103.2
applies.
10. Tents and their appurtenances shall be adequately roper, braced and anchored to
withstand the elements of weather and prevent against collapsing. Documentation
of structural stability shall be furnished upon plan approval. CFC Section 3103.9
applies.
11. All tent fabrics and all interior decorative fabrics or materials shall be flame
resistant in accordance with appropriate standards set forth in California Code of
Regulations, Title 19, Division I Chapter 8. Tent tops and sidewalls shall be made
either from fabric, which has been flame resistant treated with an approved exterior
chemical process by an approved application concern, or from inherently flame-
resistant, fabric approved and listed by the State Fire Marshal. CCR, Title 19
Division I, §332.(a) Flame Resistance.
12. Before a permit is granted, the owner or agent shall file with the fire code official a
certificate executed by an approved testing laboratory certifying that the tents and
their appurtenances; sidewalls, drops and tarpaulins, floor coverings, combustible
decorative materials and effects, are flame resistant in accordance with the
provisions set forth in CCR, Title 19 Division I Chapter 8. CFC Section 3104.2.
13. All tents manufactured for sale in California shall be labeled in accordance with the
appropriate provisions of California Code of Regulations, Title 19, Division I,
Section 335. CCR, Title 19 Division I, §334 Requirements Pertaining to All Tents.
Lido House Temporary Tent Structure (PA2019-244)
January 16, 2020
Page 6
14. Each section of top and sidewall in large tents shall have a durable label,
permanently affixed and comply with CCR Title 19 Division I, §335.(a) and (b)
Labeling of Tents.
15. No Smoking signs shall be required and provided as per CFC Section 3104.6.
16. Open or exposed flame is not allowed within the tent.
17. Portable fire extinguishers are required as per CFC Section 3104.12.
18. Exit signs, exit sign illumination, and means of egress illumination shall comply as
per CFC Section 3103.12.6 & 3103.12.6.1 & 3103.12.70.
19. The required width of exits, aisles and passageways shall be maintained at all
times to a public way. Guy wires, guy ropes and other support members shall not
cross a means of egress at a height of less than eight feet. The surface of means
of egress shall be maintained in an approved manner. CFC Section 3103.12.8.
20. Tenant shall provide certificates of insurance, per terms of lease, prior to
construction.
21. Tenant shall provide construction bonds, per terms of lease, prior to construction.
22. Engineering design and plans are required for tent stability and anchorage.
23. Enclosure of the tent shall require doors with panic hardware. A minimum of two
separate exits will be required.
24. The tent shall comply with California Building Code (CBC) 3102 and 3103.
25. The Limited Term Permit is for the placement of one temporary tent structure onsite
for the dates specified and does not authorize the placement of additional tents
onsite.
26. Should the temporary tent structure become a detriment to the public health, comfort,
convenience, safety, and general welfare of the peace and quiet of the neighboring
properties and their inhabitants, this permit may be revoked.
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 the Lido
House Temporary Tent Structure including, but not limited to, Limited Term
Permit No. XP2019-011 (PA2019-244). This indemnification shall include, but not
Lido House Temporary Tent Structure (PA2019-244)
January 16, 2020
Page 7
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.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community
Development within fourteen (14) days following the date the action or decision was
rendered unless a different period of time is specified by the Municipal Code. For additional
information on filing an appeal, contact the Planning Division at 949-644-3200.
_______________________________________________
James Campbell, Zoning Administrator
GBR/cc
Attachments: ZA 1 Vicinity Map
ZA 2 Project Plans
Attachment No. ZA 1
Vicinity Map
VICINITY MAP
Limited Term Permit No. XP2019-011
(PA2019-244)
3300 Newport Boulevard
Temporary
Tent Structure
Attachment No. ZA 2
Project Plans
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PA2019-244
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