HomeMy WebLinkAbout05_IL Barone Ristorante Limited Term Permit_PA2021-192CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 10, 2021
Agenda Item No. 5
SUBJECT: IL Barone Ristorante (PA2021-192)
▪Limited Term Permit No. XP2021-013
SITE LOCATION:
APPLICANT:
OWNER:
PLANNER:
900 Bristol Street North
IL Barone Ristorante
Elevation Equities, LLC
Patrick Achis, Assistant Planner
949-644-3237 or pachis@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: CG (General Commercial)
•Zoning District: PC11 (Newport Place)
PROJECT SUMMARY
A limited term permit request to authorize a 1,100 square-foot expanded dining area
previously authorized through Emergency Temporary Use Permit No. UP2020-092
(PA2020-177) for il Barone Ristorante for up to a one-year term.
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
(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; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-013 (Attachment No. ZA 1).
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IL Barone Ristorante (PA2021-192)
Zoning Administrator, November 10, 2021
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DISCUSSION
•A limited term permit (up to one year) to allow an approximately 1,100-square-foot
temporary outdoor dining patio within a landscaped area adjacent to an existing
restaurant. The temporarily expanded outdoor dining area was previously
authorized under Emergency Temporary Use Permit No. UP2020-092.
•When this Limited Term Permit expires, the Applicant will have 14 days to remove
all improvements and restore the entire affected area back to the previously
existing landscape conditions prior to construction. If the Applicant desires to keep
the patio on a permanent basis, new discretionary approval(s) from the Planning
Commission will be required at a public hearing.
•A surface parking area is provided on-site. The expanded dining area will not
decrease the on-site parking supply. Sufficient parking is provided on-site, and no
traffic issues are anticipated with the continued use of the expanded dining area.
There are no active Code Enforcement complaints associated with the existing
temporary use.
•The proposed operation does not extend any hours of operation beyond those
currently permitted by Use Permit No. UP2017-009 (7 a.m. to 11 p.m., daily). The
temporary expanded area must close by 9 p.m.
•The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
•The City is 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
The project is categorically exempt under Section 15301 under Class 1 (Existing
Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the State CEQA (California Environmental Quality Act) Guidelines.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners 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.
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IL Barone Ristorante (PA2021-192)
Zoning Administrator, November 10,
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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. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
BMZ/pda
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
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LIMITED TERM PERMIT NO. XP2021-013 TO ALLOW A TEMPORARILY EXPANDED OUTDOOR DINING AREA LOCATED AT 900 BRISTOL STREET NORTH (PA2021-192)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by IL Barone Ristorante (Applicant) with respect to propertylocated at 900 Bristol Street North, and legally described as Parcel 1 as shown on a parcelmap filed in Book 81, Page 43 of Parcel Maps, in the office of the County Recorder of saidcounty in the City of Newport Beach, County of Orange, State of California, requesting
approval of a limited term permit.
2.The Applicant requests a limited term permit to authorize a 1,100 square-foot expandeddining area previously authorized through Emergency Temporary Use Permit No. UP2020-092 (PA2020-177) for IL Barone Ristorante for up to a one (1)-year term.
3.The subject property is categorized General Commercial (CG) by the General Plan LandUse Element and is located within the Newport Place (PC11) Zoning District.
4.The subject property is not located within the coastal zone; therefore, a coastal
development permit is not required.
5.A public hearing was held on November 10, 2021 online via Zoom. A notice of time, placeand purpose of the hearing was given in accordance with the Newport Beach MunicipalCode (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) of the CEQA Guidelines, California Codeof Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have asignificant effect on the environment.
2.The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanicalequipment, or topographical features, involving negligible or no expansion of use. TheClass 3 exemption includes a store, motel, office, restaurant, or similar structure notinvolving the use of significant amounts of hazardous substances, not exceeding 2,500
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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 1,100-square-foot 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 the Class 3 Exemption under Section 15300.2 are not applicable. Theproject 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 withina state scenic highway, is not a hazardous waste site, and is not identified as a historicalresource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.040(G) (Limited Term Permits) of the NBMC, 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, norendanger, 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 foodservice uses. The existing food service use is authorized through Minor Use Permit No.UP2017-009 (PA2017-082) and includes 2,169 square feet of net public area.
2.The temporarily 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 2020through an emergency temporary use permit. The operation of the expanded dining areais limited to up to one (1)-year beginning January 1, 2022, through December 31, 2022,and has been reviewed and conditioned to help preclude any detriment to the general
welfare of the area.
3.The proposed operation is conditioned to be accessible to all persons, including those withdisabilities, in accordance with the Americans with Disabilities Act (ADA).
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 thepermittee to implement and follow industry-specific guidance of the State of California andthe Orange County Health Care Agency guidelines.
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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. 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 one (1) acre in size and is a flat property. The existing food service use (i.e., restaurant) with outdoor dining has operated at the subject site since its original approval in 1976 (UP1789). Based upon the proposed site plan, there is adequate
area to accommodate the expanded dining area without impacting pedestrian circulation.
2. The restaurant is located on Bristol Street in a commercial area. There are two (2) commercial centers on Bristol Street adjacent to the subject property, which provide a variety of commercial uses, including personal services, an urgent care, and other eateries.
An existing restaurant with outdoor dining is located at this site. The expanded outdoor
dining use will not impede use and enjoyment of the properties in the area and will instead add to the ambiance and character of the area. 3. The restaurant will remain complementary to the other uses in PC -11, which includes retail
stores, medical offices, restaurants, services, and other commercial uses. The restaurant
will continue to provide a convenience for nearby businesses and visitors to the area. 4. See Fact in Support of Finding A.2.
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. 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;
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Facts in Support of Finding:
1. The subject lot is accessed from driveways on Bristol Street and Dove Street. A surface
parking area is provided on-site. The expanded dining area occupies an existing landscape planter and does not encroach into any walkways or parking areas, such that parking supply will not change. Sufficient parking is provided on-site, and no traffic issues are anticipated with the continued use of the expanded dining area.
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 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
Fact in Support of Finding: 1. See Fact in Support of Finding C.1.
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 category for this site is CG (General Commercial). The CG category is intended to provide for a wide variety of commercial activities oriented primarily
to serve citywide or regional needs. The expanded outdoor dining use is accessory to the
existing restaurant with outdoor dining, will be utilized for a limited duration on-site, and will not impede use of the site consistent with the CG designation. Outdoor dining is a use that tends to foster additional pedestrian activity.
2. The site is in the Newport Place Planned Community (PC11) Zoning District. The PC-11
District is intended to allow the location of commercial activities engaged in the sale of products or services relating to and supporting the Development Plan. The PC-11 District allows restaurants at the site and the expanded dining area is a temporary use, authorized with a limited term permit.
3. The Limited Term Permit for temporarily expanded outdoor dining would complement and be consistent with the other commercial uses permitted within the PC11 District 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
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Element Goal LU2, below. Additional benefits include providing opportunities for the continuation of local businesses that generate sales tax and provide opportunities for
employment, which is consistent with General Plan Land Use Element Policy LU 2.4
(Economic Development), also copied below: Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
visitors that enjoy the City’s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
enhance Newport Beach’s fiscal health and account for market demands, while
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The Policy recognizes the need to provide effective and efficient structures for implementing economic programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy economy while preserving the unique commercial villages in Newport Beach. The
proposed Limited Term Permit would support a local business and economic prosperity
while maintaining the unique character of Newport Place. 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. XP2021-013, 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, of the NBMC.
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PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF NOVEMBER, 2021.
_____________________________________ Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. At the time this Limited Term Permit expires, the Applicant has 14 days to remove the
concrete patio improvements and restore the entire affected area to the previously
existing landscape conditions. The Applicant shall be responsible for all construction-related costs and fees associated with this patio removal and landscape restoration activity.
2. As long as this Limited 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 provisions or restrictions set forth in a discretionary permit conflict with the terms of this
Emergency Temporary Use Permit.
3. The expanded outdoor dining patio shall not exceed 1,100 square feet, as depicted on the attached site plan diagram.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the area modified as part of this Limited Use Permit shall not extend beyond 9 p.m. 5. The use of amplified sound within the temporary area shall be prohibited.
6. 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. 7. The Applicant shall install and maintain a physical barrier (fencing) between any area used
and adjacent pedestrian walkways.
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.
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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 Community Development Director or designee may inspect the modified area at any time during normal business hours.
14. 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 a Limited 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.
15. The Community Development Director may modify this Limited Term 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
16. Upon termination or repeal of this Limited Term Permit, 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.
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, 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 Temporary Use Permit No. XP2021-013 for IL Barone Ristorante (PA2021-192). 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
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Building Division
18.Any areas used for temporary commercial or institutional use shall be accessible todisabled persons.
a.An accessible path to all functional areas 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 on-site parking isprovided.
d.Detectable warnings are required when pedestrian paths cross or are adjacent to avehicular way where no physical barrier are provided to separate the two (2).
19.Provide not less than 5percent accessible seating at tables and counters with kneeclearance of at least 27 inches high, 30 inches wide, and 19 inches deep.
20.The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above
the finish floor.
21.All exiting paths shall be a minimum 36 inches free and clear. All public walks andsidewalks shall be a minimum 48 inches free and clear.
22.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.
23.Accessible routes, including under canopy(ies) and other overhead improvements mustmaintain a minimum clear height of 80 inches.
24.All electrical distribution lines shall be in good working order and shall be protected frompedestrian and vehicular traffic and shall accommodate accessibility.
25.Separate building permit is required for construction concrete outdoor dining patio area.
Public Works Department
26.A substantial barricade (k-rail, water-filled barrier or other barrier, approved by the PublicWorks Department) shall be provided between the proposed outdoor dining area within
the parking spaces and the alley. This barrier shall also be provided between the outdoor
dining and any parking drive aisles and parking stalls.
27.The dining area and substantial barricades shall not encroach into the existing drive aisleor alley right of way.
28.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, ventpipes, pad-mounted transformers, etc.
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29. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be prohibited.
30. Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc. 31. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided in Attachment No. ZA 4.
Fire Department 32. Fire lane(s) shall be identified on the plan.
33. Parking, displays, seating, or other obstacles that interfere with emergency vehicles and personnel shall not be permitted in fire lanes. 34. 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. 35. All Fire department devices (fire hydrants, fire department connections, water valves, etc.) shall have a 3-foot clearance in all directions.
36. Fire Department devices shall not be covered, blocked or otherwise hidden from plain view. 37. 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): a. Post maximum occupant load. b. Do not exceed posted occupant load inside the tent or canopy. c. Visible and Mounted Fire Extinguishers with current service tags.
d. No Smoking Signs shall be installed.
e. Illuminated Exit Signs shall be installed. f. Emergency Lighting shall be provided. g. Exit doors are not to be blocked and are to remain accessible as exits while the tent is occupied.
h. All interior decorative fabrics or materials shall be flame resistant. Provide
Certificates of Flame Resistance. i. If Propane is used, a permit is required: Cooking and heating equipment shall not be located within 10 feet of exits or combustible materials. j. 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. k. Tents and canopies shall have the State Fire Marshall tag indicating fire resistance.
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l. Tents and canopies shall be designed and installed to withstand the elements of the weather and prevent collapsing through weights and ground anchorage.
38. 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit No. XP2021-013
(PA2021-192)
900 Bristol Street North
Subject Property
Proposed
Temporary Patio
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Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
18
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: IL Barone Ristorante (PA2020-177)
▪Emergency Temporary Use Permit No. UP2020-092
Site Location 900 North Bristol Street
Applicant IL Barone Ristorante
Property Owner Elevation Equities, LLC
On July 21, 2020 the Community Development Director approved Emergency
Temporary Use Permit No. UP2020-092. This approval is based on the following
findings and subject to the following conditions.
I.SUMMARY OF PROPOSED OPERATION
An emergency temporary use permit to allow an approximately 1,100-square-foot temporary
outdoor dining patio within an adjacent landscaped area. The proposed temporary area
will be improved with a concrete pad, which requires approval of a building permit. At the
time this temporary authorization expires, the Applicant will have 14 days to remove all
improvements and restore the entire affected area back to the previously existing
landscape conditions prior to construction.
As conditioned, all tables will either be separated by a minimum of seven (7) feet or there
will be a substantial barrier placed between them in accordance with California
Department of Public Health Guidelines. Substantial fencing will be place around the
perimeter of the dining area. Additionally, there will be no less than a four-foot-wide
walkway provided for adequate pedestrian access.
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
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July 21, 2020
Page 2
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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
1,100-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. There are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
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 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 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 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.
5.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.
6.An adequate supply of parking is available to serve the subject business and
surrounding uses.
7.The proposed operation does not extend any hours of operation beyond those
currently permitted by Use Permit No. UP2017-009 (7 a.m. to 11 p.m., daily). The
temporary expanded area must close by 9 p.m.
8.The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
9.The overall plan includes appropriate delineation of outdoor use spaces with
temporary physical barriers or markers.
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IL Barone ETUP (PA202-177)
July 21, 2020
Page 3
10.The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
IV.CONDITIONS OF APPROVAL
1.Only that specifically described above and depicted in the attached site plan
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 dining area shall be in substantial conformance with the site plan
and seating layout provided in Attachment No. CD 4.
2.At the time this Emergency Temporary Use Permit expires, the Applicant has 14
days to remove the concrete patio improvements and restore the entire affected area
to the previously existing landscape conditions. The Applicant shall be responsible
for all construction-related costs and fees associated with this patio removal and
landscape restoration activity. The Applicant has provided a signed acknowledgement to
this effect, which is attached as Attachment No. CD 2. If the Applicant desires to retain the
concrete outdoor patio on a permanent basis, review and approval of a minor use permit
shall be required to that end.
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 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.
4.If the proposed operation is using any 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.
5.The expanded outdoor dining patio shall not exceed 1,100 square feet, as
depicted on the attached site plan diagram.
6.The existing allowed hours of operation of the establishment shall not be
extended. The hours of operation of the area modified as part of this Emergency
Temporary Use Permit shall not extend beyond 9 p.m.
7.The use of amplified sound within the temporary area shall be prohibited.
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8.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.
9.The applicant shall install and maintain a physical barrier (fencing) between any area
used and adjacent pedestrian walkways.
10.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.
11.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.
12.The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
13.The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
14.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.
Building
15.Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a.An accessible path to all functional areas 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 on-site
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.
16.Provide not less than 5% accessible seating at tables and counters with knee
clearance of at least 27 inches high, 30 inches wide, and 19 inches deep.
17.The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches
above the finish floor.
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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) and other overhead improvements
must maintain a minimum clear height of 80 inches.
20.Separate building permit is required for construction concrete outdoor dining patio
area.
Public Works
21.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.
22.Seating or structures below overhead conductors and/or under the ‘drip line’ shall
be prohibited.
23.Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
24.Expanded outdoor dining areas shall adhere to the SCE clearance decal
examples provided in Attachment No. CD 3.
Fire
25.Fire lane(s) shall be identified on the plan.
26.Parking, displays, seating, or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
27.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.
28.All Fire department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
29.The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
30.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.
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31.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
32.This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed.
33.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.
34.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 for IL Barone Ristorante (PA2020-177). 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.
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BMZ/pda
Attachments: CD 1 Filed Application
CD 2 Written Description and Patio Removal Acknowledgement
CD 3 SCE Project Decals
CD 4 Site Plan Layout
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.
Applicant
Signature Date
On behalf of Seimone Jurjis, Community Development Director,
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Attachment No. CD 1
Filed Application
26
27
Attachment No. CD 2
Written Description and Patio Removal
Acknowledgement
28
Project Description – Please provide a written statement describing what the business or institution
plans to do beyond normal business operations. Describe the following (as applicable):
• Any physical improvements or activities planned and where they will be located.
The project is a proposed temporary concrete patio that faces the parking area to the
Northwest of the current building structure. In order to accommodate the patio a
portion of the landscape area outlined on the attached map will be graded and a
temporary concrete slab will be poured and will be surrounded with a temporary 36”
fence with gated access. Creating a temporary patio on the parking lot is infeasible on
this site due to major street access off Dove and Bristol. Therefore, we are proposing the
aforementioned solution. Please see attached site plan for additional details.
• Measures the business or institution will enforce for employees and customers to reduce the potential
to spread Covid-19.
See attached Cal OSHA COVID-19 Industry Guidance
• Hours and days of operation?
Lunch Monday-Friday 11am-2pm
Dinner Monday-Sunday 5pm-9pm
• Proposed occupancy?
12 tables 24 seats
• 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
• Number of parking spaces available? What other businesses use the parking supply identified?
87 parking stalls dedicated to the business; not shared with any other users. No parking
stalls will be impacted
29
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Attachment No. CD 3
SCE Clearance Decals
31
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
32
33
D5434
IL Barone ETUP (PA202-177)
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Attachment No. CD 4
Site Plan Layout
35
36
Attachment No. ZA 4
SCE Clearance Decals
37
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
38
39
D5440
Attachment No. ZA 5
Project Plans
41
42
-----Original Message-----
From: Kimberly Woloson <kimberly@wolosonco.com>
Sent: November 08, 2021 9:57 AM
To: Achis, Patrick <PAchis@newportbeachca.gov>
Cc: Harry Woloson <harry@wolosonco.com>; Travis Woloson <travis@wolosonco.com>
Subject: Barone Peermit
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Dear Patrick,
I would like to include that if the total number of seats inside and patio dining do not exceed their current approved
number of seats that we do not have an issue. If the additional 1,100 SF of patio seating is above the current
approved seating capacity, we feel this will create an issue, especially at the lunch hour.
Kimberly Woloson
Zoning Administrator - November 10, 2021 Item No. 5a Additional Materials Received IL Barone Ristorante Limited Term Permit and Coastal Development Permit (PA2021-192)