HomeMy WebLinkAboutETUP-ECDP 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: Zinqué ETUP and ECDP (PA2020-091)
▪ Emergency Temporary Use Permit No. UP2020-019
▪ Emergency Coastal Development Permit No. CD2020-035
Site Location 3446 Via Oporto
Applicant Le Zinq Bar, LLC
Property Owner DJM Capital Partners
On June 3, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-019 and Emergency Coastal Development Permit No. CD2020-
035. 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 additional outdoor dining patio (approximately 728 square feet, 10 tables, 26 seats)
within the sidewalk area along Via Lido.
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 728-
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.
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III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case the Community Development Director has found that the temporary use would
not create a hazard to the health, safety or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit and Emergency
Coastal Development Permit is temporary and only valid during the emergency order
established by Emergency Ordinance No. 2020-005.
2. The project, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19.
3. The 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;
4. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
5. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
6. The overall plan includes appropriate delineation of outdoor use spaces with
temporary physical barriers or markers.
7. The operation plan ensures safe circulation and queueing for all and pedestrians in
the area;
8. The proposed operation does not extend any hours of operation beyond those
currently permitted by Conditional Use Permit No. UP2015-042
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. This Emergency Temporary Use Permit and Emergency Coastal Development
Permit does not extend the allowed hours and days of operation beyond those
currently permitted by any applicable City- or County-issued discretionary permit.
11. The proposed operation is necessary to provide adequate space to allow for
appropriate social distancing to prevent further spread of COVID-19. The proposed
site plan or use diagram provides adequate areas for patrons to practice social
distancing to reduce the likelihood of spreading COVID-19.
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EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS
1. The COVID-19 global pandemic has created a National, State and Local
emergency that is more fully described in Emergency Ordinance No. 2020-005.
The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal
Code (NBMC) Section 21.52.025 because immediate action is necessary to allow
commercial business and institutional uses to re-open consistent with State and
local public health guidelines designed to reduce the spread of COVID-19. If
immediate action is not taken to properly regulate the re-opening of commercial
business and institutional uses, the spread of COVID-19 will likely be more severe
thereby exacerbating the existing public health emergency.
2. Development authorized is temporary and will only be in place during the described
emergency consistent with Emergency Ordinance No. 2020-005. All development
authorized by this permit must be removed after the state of emergency is lifted.
3. Development authorized by this permit is not located in any environmentally
sensitive habitat area and public access to the coast will not be blocked. Coastal
access is increased by allowing commercial establishments to re-open allowing
public to once again visit the coastal areas.
4. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
5. Lateral pedestrian access is maintained along the boardwalk adjacent to Newport
Harbor and access to coastal resources are not restricted.
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 expanded outdoor dining patio shall be
in substantial conformance with the floor plan provided 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 existing allowed hours of operation of the establishment shall not be extended.
The hours of hours of operation of the area modified as part of this Emergency
Temporary Use Permit shall close by 12:00 midnight, consistent with the conditions
of approval for outdoor dining authorized by Conditional Use Permit No. UP2015-
042.
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4. The extended outdoor dining patio shall not have amplified sound.
5. All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum distance of seven (7) feet to ensure proper social distancing is
maintained.
6. The extended outdoor dining patio shall be limited to 728 square feet, 10 tables, and
26 seats.
7. A minimum 6-foot wide pedestrian walkway shall be maintained for coastal access
along the boardwalk from the railing to the face of the extended patio barriers.
8. The applicant shall install and maintain a stanchion post and rope barrier between
the extended outdoor dining patio and common pedestrian walkways.
9. 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.
10. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
11. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
12. 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.
13. 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
14. 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. 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. 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.
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15. Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide, and 19 inches deep.
16. The tops of dining surfaces and work surfaces shall be 28-inches to 34-inches
above the finish floor.
17. 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 for accessibility.
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.
19. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
20. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
21. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
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. 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
24. 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.
25. Upon expiration of this authorization, 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.
26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
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employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of this
Emergency Temporary Use Permit/Coastal Development Permit. This
indemnification shall include, but not be limited to, damages awarded against the
City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether
incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any
amount owed to the City pursuant to the indemnification requirements prescribed
in this condition.
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
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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
Zinqué ETUP and ECDP (PA2020-091)
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Attachment No. CD 1
Filed Application
Attachment No. CD 2
Written Project Description
1
Emmanuel Dossetti
Le Zinc Bar, LLC
726 Palms Blvd.
Venice, CA 90291
RE: ZINQUÉ EMERGENCY TEMPORARY PERMIT PROJECT DESCRIPTION
To Whom This May Concern:
Le Zinc Bar, LLC is seeking an Emergency Temporary Permit for its existing coffee
and wine bar, Zinqué, located at Lido Marina Village in Newport Beach, CA. In
response to the City of Newport Beach’s Project Description requirements:
•Any physical improvements or activities planned and where they will be located.
The proposed dining room expansion is on directly adjacent outdoor decking and will be delineated by moving existing fencing and adding theatre-style stanchions.
•Measures the business or institution will enforce for employees and customers to reduce the potential to spread COVID-19.
Measures shall include, but not be limited to:
All employees have been told not to come to work if ill.
Employees receive a thermal or temperature scan prior to the beginning of each shift.
A health survey is conducted with each employee prior to the beginning of each shift to verify staff have not experienced symptoms consist with COVID-19 in the past 7 days or exposed to someone who has experienced symptoms in the past 14 days.
Employees with COVID-19 like symptoms are not allowed to work and encouraged to contact their medical provider.
Face coverings are worn by all staff that interact with the public and when unable to social distance with other employees.
Employees shall not share food, beverages, and food-ware.
Employees do not shake hands, high-five or do similar greetings that break physical distance.
Employees must frequently wash their hands with soap and warm water.
2
All tables are six feet apart or if un-movable, a barrier or partition has been installed
to separate the tables.
Tape or markings of at least six feet separation are used in any area where members
of the public may form a line.
Staggered seating times are used to space traffic flow.
The number of patrons at a single table is limited to a household unit or patrons who
have asked to be seated together.
All members of the party must be present before seating and the host must bring the
entire party to the table at one time.
Tables are spaced six feet away from all food preparation areas, including beverage
and server stations.
Signage is posted at each public entrance of the facility to inform the dining public to:
Maintain social distancing of six feet, Wash hands or use sanitizer upon entry into a
restaurant, Stay home if they are ill or have symptoms consistent with COVID-19
Face coverings are worn by public when not seated at their table.
•Hours and days of operation?
Zinqué’s hours and days of operation will remain unchanged.
•Proposed occupancy?
Zinqué proposes adding 60 guests to its occupancy count.
•Will alcohol be served or consumed on the premises? Please note, any alcohol sales
outside of the existing premises must be separately approved by the Department of
Alcoholic Beverage Control (ABC.)
Yes, and Zinqué has applied to ABC for a COVID-19 Temporary Catering
Authorization. It should be noted that Le Zinc Bar, LLC holds a Master License with
ABC, with 6 current alcoholic beverage licenses in excellent standing with no
complaints or issues since opening its first location more than 10 years ago.
•If you are creating exclusive curbside retail pick-up areas, describe how the
operation will be conducted and if any traffic controls are proposed.
Not applicable.
•Number of parking spaces available? What other businesses use the parking supply
identified?
3
In additon to street parking, 130 parking spots are available in Lido Marina Village
parking garage.
•Describe any additional signs, banners or directional devices.
Not applicable.
• Describe any other relevant improvements or operational details applicable to your
proposal.
Not applicable.
Please do not hesitate to reach out should you require further information or have
any questions.
Sincerely,
Emmanuel Dossetti
Zinqué ETUP and ECDP (PA2020-091)
June 3, 2020
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Attachment No. CD 3
Site Plan Diagram
34'-7"6'-6"3'-0"5'-4"8'-10"
opening
opening
opening
6'-0"6'-0"6'-0"6'-0"6'-0"6'-0"6'
-0"6'-0"6'-0"PROPOSED PATIO EXPANSION
PROPOSED AREA = 728 SF.
10 NEW TABLES
26 SEATS
STANCHION POST AND ROPE BARRIER:
8' ROPE & GUIDANCE STANCHION
EXISTING RESTAURANT PATIO
NO ROOF COVERING
70'-8"6'-0"6' CLEAR PEDESTRIAN WALKWAY TO EDGE OF BOARDWALK
6'-0"
ZINQUE
SHEET TITLE:
SHEET NUMBER:
DATE:6/1/ 2020
PROJECT TITLE:
PROJECT SCOPE:
EXISTING PATIO
EXTENSION
REVISIONS / DISTRIBUTION
DATE DESC.#
DESIGN:
ZINQUE DESIGN
elle@lezinque.com
ARCHITECT:
ZINQUE Design
NOTES:
600 Venice Blvd.
Venice, CA 90291
P. 949 280 5883
elle@lezinque.com
KITCHEN DESIGN:
MEP:
NORTH:
3446 VIA OPORTO
NEWPORT BEACH, CA
92663
BUILDING OWNER:
NEWPORT BEACH
1 PROPOSED PLAN
1/4" = 1'-0"
A-1.0
PLAN