HomeMy WebLinkAbout20210324_CDD Action LetterSubject:
Site Location
Applicant
Property Owner
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
22nd Street Pizza ETUP (PA2021-045)
• Emergency Temporary Use Permit No. UP2021-010
2200 West Ocean Front
Laura Marroquin
Surfer Building LLC
On March 24, 2021 , the Community Development Director approved Emergency
Temporary Use Permit No. UP2021-010. This approval is based on the following findings
and subject to the following conditions.
I. SUMMARY OF PROPOSED OPERATION
The Applicant proposes to create a. temporary outdoor dining area for 22nd Street Pizza, an
existing restaurant. The temporary area would be located within two (2) public parking
spaces directly in front of the building within the 2200 Street right-of-way. The physical
improvements are as follows:
• Installation of temporary substantial barriers to protect the outdoor dining area
without impeding the drive aisle.
• Installation of adequate barriers (e.g., stanchions and rope) to cordon off the
temporary outdoor dining area seats from the public sidewalk.
• All tables will be separated from other tables and/or waiting areas by at least seven
feet (7') to ensure proper social distancing is maintained.
• A minimum four-foot-wide (4') public pedestrian walkway will always be maintained.
• Umbrellas will be used for shade for the tables.
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
22nd Street Pizza ETUP (PA2021-045)
March 24, 2021
Page 2
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
temporary outdoor dining area expansion to an existing establishment and meets these
criteria. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that
would invalidate the use of these exemptions and the project has no potential to have a
significant effect on the environment.
Ill. 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. The proposed operation is necessary to provide
adequate space to allow for appropriate social distancing;
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 proposed operation does not constitute an increase in the overall occupant load
beyond what the existing Use Permit and/or Ce~ificate of Occupancy allow;
5. The proposed operation does not extend any hours of operation beyond those
currently permitted by Use Permit No. UP2020-171. The temporarily expanded area
will close by 9 p.m. daily;
6. The expanded area shall adhere to applicable St~te 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 plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers (substantial barriers with stanchion & rope barriers adjacent to
walkways);
Tmplt: 05/22/2020
22nd Street Pizza ETUP (PA2021-045)
March 24, 2021
Page 3
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);
and
10. There is adequate parking available within the public parking lots to serve all uses
within the area.
11 . This action meets the criteria for a waiver of permitting requirements under Section
30611. Coastal Development Permit Waiver Request No. 4 obviates the need for
emergency Coastal Development Permits (CDP's) or for any required follow-up
CDP's that would normally be required after issuance of emergency CDP's, so long
as the development conforms with that described in the California Coastal
Commission letter dated August 21, 2020 and City Council Emergency Ordinance
2020-005.
IV. CONDITIONS OF APPROVAL
1. Only the physical improvements specifically described above are authorized, subject
to the conditions set forth below. Any additional changes require separate review and
may necessitate separate authorization from the Director. The improvements shall
be in substantial conformance with the site plan and exhibits provided in Attachment
No. CD 3.
2. Since the proposed operation is using a portion of the public right-of-way, the
Applicant shall obtain and maintain liability insurance for not less than $1,000,000
per occurrence and as specified by the City's Risk Manager. All liability insurance
policies shall specifically include the City, the City Council, its employees, and agents
as additional insureds and shall be issued by an agent or representative of an
insurance company licensed to do business in the State of California, which has one
of the three highest or best ratings from the Alfred M. Best company. All insurance
policies shall contain an endorsement obligating the insurance company to furnish
the Community Development Director with at least thirty (30) days written notice in
advance of the cancellation of the policy.
3. 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 requirements, 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
setforth in a discretionary permit conflict with the terms of this Emergency Temporary
Use Permit.
4. The existing allowed hours of operation of the establishment shall not be extended.
The temporarily expanded area shall close by 9 p.m., daily.
5. The occupancy shall not exceed the maximum allowed for the establishment by
Use Permit or the most current Certificate of Occupancy at any time.
Tmplt: 05/22/2020
22nd Street Pizza ETUP (PA2021-045)
March 24, 2021
Page4
6. All tables shall have a maximum height of 36 inches.
7. Amplified sound shall be prohibited in the expanded outdoor dining area.
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. All owners, managers, and employees selling and serving alcohol shall comply with
all ABC guidelines and regulations and shall further take all measures necessary to
prevent over-service of alcohol and/or disorderly conduct from patrons. Increased
calls for Police Department service to the establishment or complaints made to the
City will cause a review of operations and may result in a revocation of this Permit.
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. The restaurant 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. Food service shall be made available for disabled patrons within the outdoor dining
area. All other patrons may order food, "to-go" from the restaurant before using the
expanded dining patio.
15. Physical barriers delineating the outdoor seating and adjoining vehicular
ways shall not block egress or an accessible route and shall maintain a minimum
of 48-inch clear to the inside edge of the curb. The curb shall not be included in
the minimum 48-inch clear path within the common area walkway.
16. An accessible route (minimum 48 inches wide)·shall be provided from the ADA
accessible parking space to the expanded dining area. Any areas used for
temporary expanded dining shall be accessible to disabled persons.
a. An accessible path to all functional area shall be provided.
Tmplt: 05/22/2020
22nd Street Pizza ETUP (PA2021-045)
March 24, 2021
Page 5
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.
17. Provide not less than 5% accessible seating at tables and counters with knee
clearance of at least 27" high, 30" wide, and 19" deep.
18. 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.
19. Accessible routes, including under canopy(ies) must maintain a minimum clear
height of 80 inches.
Fire
20. 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.
21 . All fire department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
22. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
23. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes. 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.
Public Works
24. A substantial barrier (automobiles, K-rail, water-filled barrier, or other material
acceptable to Public Works) shall be provided between the seating area and
street/adjacent street parking . The area including the barriers shall not extend past
the parking space striping and into 22nd Street right-of-way.
25. The umbrellas shall be removed every Tuesday night and shall not be set-up until
after street sweeping every Wednesday.
26. 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 poles and 15
feet of space around all underground facilities, such as vault lids, manholes, vent
pipes, pad-mounted transformers, etc.
Tmplt: 05/22/2020
22nd Street Pizza ETUP (PA2021-045)
March 24, 2021
Page6
27. Seating or structures below overhead conductors and/or under the 'drip line' shall
be prohibited.
28. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
29. Expanded outdoor dining areas shall adhere to the SCE Clearance Decal
examples provided in Attachment No . CD No. 4.
Miscellaneous
30. The Community Development Director or designee may inspect the modified area at
any time during normal business hours. ·
31. 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 t_he business granted the emergency
temporary permit.
32. 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
33. 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.
34. 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.
35. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney's fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City's approval of this
Emergency Temporary Use Permit. 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
Tmplt: 05/22/2020
22nd Street Pizza ETUP (PA2021-045)
March 24, 2021
Page 7
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,
)~ / .. ,h /4~111-A-
Melinda Whelan
Assistant Planner
Attachments: CD 1 Filed Application and Insurance Affidavit
CD 2 Site Plan Layout
CD 3 SCE Clearance Decal Examples
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.
Tmplt: 05/22/2020
Tmplt: 05/22/2020
22nd Street Pizza ETUP (PA2021 -045)
March 24, 2021
Page 8
Attachment No. CD 1
Filed Application and Insurance Affidavit
~,,_~. vi? a >-~ Community Development Department
~ ·~~a, Q
021
-
045Planning Permit Application
~t,ro1<"',.
1. Check Permits Requested:
0 Approval-in-Concept -AIC # 0 Lot Merger
0 Coastal Development Permit D Limited Term Permit -
0 Warver for De M1ntmis Development O Seasonal D c; 90 day 0 >90 days
0 Coastal Residential Development O Modification Permit
0 Condominium Conversion O Off-Site Parkmg Agreement
0 Comprehensive Sign Program O Planned Community Development Plan
0 Development Agreemenl D Planned Development Permit
0 Development Plan D Site Development Review -D Major D Minor
0 Lot Line AdJustment D Parcel Map
2. Project Address(es /Assessor's Parcel No(s)
a Uc""\-\\.\s-\2
100 Civic Center Drive
Newport Beach. California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
D Staff Approval
□Tract Map
D Traffic Study
0 Use Permit -□Minor □Conditional
0 Amendment to existing Use Permit
I!] Emergency Temp. Use PermiVCDP
0 Variance
0 Amendment -□Code □PC □GP OLCP
~ Other.
3. Project Description and Justification (Attach additional sheets if necessary):
Temporary Outdoor dining area during 'COVID 19 closures
4. Applicant/Company Name j 22nd Street Pizza
M .11 Add 11803 Hummingbird Drive
I
a1 ng ress
City I Costa Mesa
Phone [ 949-500-0763
Suite/Unit 1;:::::I ====;I
·1 State I CA I Zip I 92626 I
Fax _I _____ ~I Email I Laura@22ndstreetpizza.com I
I Laura Marroquin I
5. Contact/Company,..;:.N~a~m~e:..!========;:::=======================,------;::::=========/
I Same as above ' I I Mailing Address Suite/Unit ';::======,
City ~=================.--;:::=========-~st.ate ..__I .=========l~zl~p =I =========!I
Phone !.__ _____ __,! Fax ..__I ___ ___,I Email .__I ________ ___,!
I Surfer Building LLC I
6. Property Owner N;_a~m~e~=========================i"----,:=======·
11803 Hummingbird Drive I I Mailing Address Suite/Unit ';:=======.·
City I Costa Mesa · I State I CA I Zip [ 92626 I
1949-500-0763 I Fax 1
. _____ ___,I Ema·,, I Laura@22ndstreetpizza.com I Phone . -. .
· I Laura Marroquin I 7 . Property Owner's Affidavit : (I) (We)._ ______________________ _,
depose and say that {I am) (we are) the owner{s) of the property (ies) involved in this application. (I) (We) further
certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information
herewith submitt _g)l,:~,pects true and correct to the best of (my) (our) knowledge and belief.
Tit!~: I Manager I Date· I 03/04/2021 ~/~...Jll!.:...:..Ji...::::::;_ _________ _ OD/MO/YEAR
Signature(s): ______________ Title: 1-l _________ __,I Date: l,._ ___ __,;....----=;...J
• May be signed by the lessee or by an authorized aQent if written authorization from the owner of record is filed concurrently with the
application. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line AdJustment Application must be notarized.
PA2021-045
Agreement to Provide and Maintain Liability Insurance for Temporary Use of Public Property
Agreement to Indemnify defend and hold harmless the City of Newport Beach
Emergency Temporary Use Permit No. ___________________ _
Business/Permittee: ~'2. "-~ S.,.~g;\. \?\"2..1-~
Address/Location: ~ ~ • ~~J\1: \M\\\. ~
Unless otherwise indicated, I will obtain and maintain commercial general liability insurance on an
"occurrence" basis, including completed products and completed operations, property damage, bodily
injury and personal and advertising injury with a limit of not less than $1,000,000 per occurrence. This
insurance shall be endorsed to name the "City of Newport Beach, the City Council, its employees, and
agents" as additional Insureds, and provide that this insurance Is primary and non-contributory with any
other Insurance or self-insurance available to the City. Permittees shall also maintain workers'
compensation as required by the State of California with Statutory Limits, and Employer's Liability
Insurance with a limit of not less than $1,000,000 per accident for bodily injury or disease. The Workers'
Compensation policy shall be endorsed with a waiver of subrogation in favor of the "City of Newport
Beach, the City Council, its employees, and agents." If permittee maintains broader coverage and/or
higher limits than the minimums provided in this Section, the City requires and shall be entitled to the
broader coverage and/or higher limits maintained by the permittee. All policies shall be issued by an agent
or representative of an insurance company licensed to do business in the State of California, which has
one of the three highest or best ratings from the Alfred M. Best company. All insurance policies shall
contain an endorsement obligating the insurance company to furnish the Community Development
Director with at least thirty (30) days written notice in advance of the cancellation of the policy. I
understand the City reserves the right to require a permittee to submit the requisite insurance documents
for review at any time.
Permittees shall agree to defend, indemnify and hold harmless the City and its employees 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 the issuance of the emergency temporary use 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, or proceeding whether
incurred by applicant, City, and/or the parties initiating or bringing such proceeding ..
An approved and executed permit constitutes a contract between the City and Permittee for all purposes.
On behalf of the business/permittee:
Attachment No. CD 2
Site Plan Layout
~~ s~~\-
?.;\' -i ,,
Q_o,~-\c... \.\ .. \~.\\s. \ ~-\~i-wtde..
D • r ·~,.=c ·-c,---,.• -•· .. \~()5~~~~ --~
\/ --~ I
C ' . l □ □ ~ : . L-l L __ .I L -J----....J
; 1 I O ~,.,. ~\-\~ OW!-. \.~ .; 331 y.. {~ ~
,lJ;t
'd:;l!'•Jl ..
s__A,-c_e't"
\.. -L
~~-WPQ~ rJ ~ >-~ City of Newport Beach
>-·. i Temporary Use Permit Program
t: • " n I.)~-~ c ... ~... I Date:. ______ _
1'-11=()1' ..
.L-:.. -
s.\O~ ~➔1 L.u:\\\te,.
Site Plan
1a usiness: ~!\~ ~ ~? '2 0....
Address:~~-~~\ \m\\B.
:Hllf;.J "-v" \!. I .
T mplt: 05/22/2020
22nd Street Pizza ETUP (PA2021-045)
March 24, 2021
Page2
Attachment No. CD 3
SCE Clearance Decal Examples
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
. . .
UNDERGROUND SERVICE ALERT
Contact USA
Dial 811 or 800-422-4133
www.digalert.org/contact
For Underground Locating
Two Working Days Before You Dig
016: Rev. 05/28/20
D16
MINIMUM CLEARANCES FOR PADMOUNTED TRANSFORMERS
SEE DDS-3, 3-40
NOTES:
WINDOW
OR DOOR
WINDOW □ t
6'
,-I---•-DOOR SIDE: 8' CLEARANCE,
MEASURED FROM EDGE ~I ----DOOR SIDE: 8' CLEARANCE,
MEASURED FROM BACK OF II Olli Of PAD, IS REQUIRED II □ID Ii ACCESS OPENING, IS REQUIRED
SLAB BOX
fiROOF (OR OTHER OVERHANG)
~~ c-----!:;
12• f l ~ NON-DOOR SIDES: 3' CLEARANCE, f--~ MEASURED FROM EDGE OF ~ PAD, IS REQUIRED --3'~ ::;
PAD ~ ~-BUILDING WALL, STRUClURE,
• -~ OR FOUNDATION.
-----12" MINIMUM CLEARANCE BETViEEN PAD
AND PROJECTION BUILDING FOUNDA 110N.
1. AN 8' MINIMUM CLEARANCE IS REQUIRED ON DOOR SIDE OF TRANSFORMER FOR OPERATION. THIS AREA MUST REMAIN
CLEAR OF All OBSTRUCTIONS INCLUDING, BUT NOT LIMITED TO, SHRUBS, TREES, GATES, FENCES, WALLS, SIGNS AND POLES.
2. PAO-MOUNTED TRANSFORMERS SHALL NOT BE LOCATED IN FRONT OF DOORS, STAIRWAYS, BENEATH WINDOWS THAT CAN
BE OPENED, OR Wl-iERE THEY Vt1LL OBSTRUCT THE VISION OF VEHICULAR TRAFFIC
3. PAD-MOUNTED TRANSFORMERS SHALL BE LOCATED AT LEAST THE MINIMUM DISTANCE AWAY FROM BUILDINGS OR OTHER
STRUClURES TO ENSURE ADEQUATE SPACE FOR OPERATING, TO MINIMIZE VIBRATION HUMS, AND TO MEET FIRE SAFETY
REQUIRMENTS. .,.
4. A CLEAR PASSAGEWAY OF 12 FEIT MINIMUM SHALL BE AVAILABLE AT ALL TIMES, IMMEDIATELY ADJACENT TO ONE SIDE OF
THE TRANSFORMER TO PROVIDE AN ACCESSIBLE ROADWAY FOR TRANSFORMER MAINTENANCE.. THIS PASSAGEWAY SHALL BE
DESIGNED TO MEET H-20 (20-TON) CONSTRUCTION.
5. TRANSFORMER STRUClURES Vt1LL NORMALLY BE INSTALLED ONLY IN NON TRAFFIC AREAS. TRANSFORMER PROTECTION IS
REQUIRED WHEN COMPANY EQUIPMENT IS EXPOSED TQ. TRAmc. THIS PROTECTION MAY BE IN THE FORM OF BARRIERS,
BARRICADES, OR CURB. A CURB MUST HAVE A MINIMUM HEIGHT OF 6 iNCHES AND BE AT LEAST 6 INCHES THICK AND
ITS FRONT FACE LOCATED 60 INCHES MINIMUM FROM THE EQUIPMENT FOUNDATION.
D54: Rev. 05/14/12
D54