HomeMy WebLinkAbout10_Foretti’s Limited Term Permit and CDP_PA2021-213
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 10, 2021
Agenda Item No. 10
SUBJECT: (PA2021-213)
Limited Term Permit No. XP2021-028
Coastal Development Permit No. CD2021-053
SITE LOCATION: 2929 East Coast Highway
APPLICANT: Pirmeta DBA Pirozzi Corona del
OWNER: James and Michael Ray of Sibling & Associates, LLC.
PLANNER: Makana Nova, Senior Planner
949-644-3249, mnova@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: CC (Corridor Commercial)
Zoning District: CC (Commercial Corridor)
Coastal Land Use Plan Category: CC-B (Corridor Commercial 0.0 - 0.75 FAR)
Coastal Zoning District: CC (Commercial Corridor)
PROJECT SUMMARY
A request for a limited term and coastal development permit to allow a 550-square-foot
maximum expanded dining area for up to a one-year term (January 1, 2022 through
December 31, 2022). An expanded dining area was previously authorized through
Emergency Temporary Use Permit No. UP2020-111 (PA2020-201) for Pirozzi Corona del
Mar ().
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) 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. XP2021-028 and Coastal Development Permit No. CD2021-053 (Attachment No.
ZA 1).
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DISCUSSION
A request for a limited term and coastal development permit to allow a 550-square-
foot maximum expanded dining area for up to a one-year term (January 1, 2022
through December 31, 2022). An expanded dining area was previously authorized
through Emergency Temporary Use Permit No. UP2020-111 (PA2020-201) for
Pirozzi Corona del Mar ().
One 550-square-foot tent is proposed to cover the expanded dining area. The
American with Disabilities Act of 1990 (ADA) van accessible parking stall will be
swapped and restriped with the expanded dining area from its current location. The
5-foot wide ADA path of travel will extend into the drive aisle around the expanded
dining area to connect to the existing path of travel. Substantial barriers will be
provided adjacent to drive aisles and the van accessible parking space.
A surface parking area is provided on-site. The expanded dining area will occupy no
more than four standard parking spaces. The existing food service use, , is
located in a commercial corridor and proposes to operate all day and into the evening
hours with peak hours when other retail and office uses on the property are typically
not operating. Sufficient parking is provided on-site and no traffic issues are
anticipated with the continued use of the expanded dining area. To date, no
complaints regarding the availability of parking have been received.
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.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential
to have a significant effect on the environment.
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 550-square-foot expanded outdoor
dining patio at an existing restaurant for a up to a one-year limited term and qualifies under
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Zoning Administrator, November 10, 2021
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the parameters of the Class 1 and Class 3 exemptions. There are no known exceptions
listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these
exemptions.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. Administrative procedures for appeals are provided in
the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to appeal
any final action on a coastal development permit to the Planning Commission. The project
site is not located within the appeal area of the coastal zone; therefore, final action by the
City may not be appealed to the California Coastal Commission. For additional information
on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MKN
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decals
ZA 5 Project Plans
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Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
LIMITED TERM PERMIT NO. XP2021-028 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-053 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 2929 EAST
COAST HIGHWAY (PA2021-213)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Edmond Bourke, representing Pirmeta DBA Pirozzi Corona del
, with respect to property located at 2929 East Coast Highway, and legally
described as Parcel 1 of Resubdivision 179 being Lots 3, 4, and 5 and a portion of Lot 2,
of Block G, Tract 323, M.M. 14-40, 41 in the City of Newport Beach, Orange County,
California, requesting approval of a limited term permit and a coastal development permit.
2. A request for a limited term and coastal development permit to allow a 550-square-foot
maximum expanded dining area for up to a one (1)-year term (January 1, 2022 through
December 31, 2022). An expanded dining area was previously authorized through
Emergency Temporary Use Permit No. UP2020-111 (PA2020-201) for Pirozzi Corona del
Mar ().
3. The subject property is designated CC (Corridor Commercial) by the General Plan Land
Use Element and is located within the CC (Commercial Corridor) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is CC-B (Corridor Commercial 0.0 - 0.75 FAR) and it is located within the CC
(Commercial Corridor) Coastal Zoning district.
5. A public hearing was held on November 10, 2021, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) 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 Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
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09-30-21
equipment, or topographical features, involving negligible or no expansion of use. The
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 550-square-foot expanded outdoor
dining patio at an existing restaurant for up to a one (1)-year limited term and qualifies
under the parameters of the Class 1 and Class 3 exemptions.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040.G (Limited Term Permits) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow an extended and expanded outdoor dining patio for up to
a one (1)-year term while the City reconsiders its parking requirements related to food
service uses. The existing food service use is authorized through Use Permit No. UP2014-
001 (PA2013-249) and includes 382 square feet of net public area with a 93-square-foot
outdoor dining patio.
2. The expanded dining area has not posed a hazard to the general welfare of persons
residing in the area since it was placed during the COVID-19 pandemic in 2020 through
an Emergency Temporary Use Permit. The operation of the expanded dining area is
limited to up to a one (1)-year beginning January 1, 2022, through December 31, 2022,
and has been reviewed and conditioned to preclude any detriment to the general welfare
of the area.
3. Outdoor dining areas are common in the Corona del Mar commercial corridor, have been
used at the subject property during similar hours in the past and the use has not proven
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detrimental. The existing hours of operation for the restaurant are 11:00 a.m. through 11:00
p.m., daily. The expanded outdoor dining area would close by 9:00 p.m., Monday through
Thursday, and by 10:00 p.m., Friday through Sunday, as required by Condition No. 5.
4. A condition of approval related to heaters is incorporated as Condition of Approval No. 19.
The proposed dining area will also be covered with a tent and must comply with the fire
requirements outlined in Condition No. 26.
5. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
6. The permitted use shall adhere to applicable State of California and Orange County Health
Care Agency guidelines for the safe operation of the use. It is the responsibility of the
permittee to implement and follow industry-specific guidance of the State of California and
the Orange County Health Care Agency guidelines.
7. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
8. The overall plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
9. The expanded dining area will not impede pedestrian coastal access since this is an inland
property adjacent to East Coast Highway.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 0.54 acres in size and is a gently sloping property adjacent
to East Coast Highway. The existing food service use with outdoor dining has operated at
this location since its original approval in 2013. Based upon the site plan, there is adequate
area to accommodate the expanded dining area without impacting pedestrian circulation
and coastal access.
2. The lot is bounded by East Coast Highway to the east with residential properties inland to
the west. To the north is an adjacent retail property and the Port Theater (a landmark
theater) within the Commercial Corridor zoning district. To the south are additional retail
properties south of Iris Avenue within the Commercial Corridor zoning district. Existing food
service uses with outdoor dining and retail tenants are 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 quaint character of Corona del Mar.
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3. The expanded dining area will occupy a four (4) standard parking spaces and
relocate/restripe the existing van accessible space. No traffic or site circulation issues are
anticipated.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
Facts in Support of Finding:
1. The subject lot is accessed from East Coast Highway. A surface parking area is provided
on-site. The expanded dining area will occupy no more than four (4) standard parking
spaces. The existing food service use, (), is located in a commercial corridor area
and proposes to operate all day and into the evening hours with peak hours when other
retail and office uses on the property are typically not operating. 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 of 2021, and may inform a future conditional use permit amendment for
outdoor dining areas.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on-site or at alternate locations acceptable to the Zoning
Administrator; and
Facts in Support of Finding:
1. The existing food service use with outdoor dining has operated at the subject property
since 2013. The existing surface parking lot has historically served as the primary
parking supply for patrons. The surface lot is expected to adequately accommodate the
temporary use for up to a one (1)-year term.
2. The expanded dining area will not impede pedestrian access to the waterfront.
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.
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Facts in Support of Finding:
1. The General Plan land use designation for this site is CC (Corridor Commercial). The CC
designation is intended to provide a range of neighborhood-serving retail and service uses
along street frontages that are located and designed to foster pedestrian activity. The
expanded outdoor dining use is accessory to the existing food service use with outdoor
dining, will be utilized for a limited duration on-site, and will not impede use of the site
consistent with the CC designation. Outdoor dining is a use that tends to foster additional
pedestrian activity.
2. The site is located in the CC (Commercial Corridor) Zoning District. The CC designation
is intended to provide a range of neighborhood-serving retail and service uses along street
frontages that are located and designed to foster pedestrian activity. The CC zoning
district allows food service uses and the expanded dining area is a temporary use,
authorized with a limited term permit in the CC Zoning district.
3. The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CC Zoning District of
Corona del Mar in that it provides amenities that support visitors to the area and provides
a social gathering place for those who live and work in the neighborhood, consistent with
General Plan Land Use Element Goal LU2, below. Additional benefits include providing
opportunities for the continuation of local businesses that generate sales tax and provide
opportunities for employment, which is consistent with General Plan Land Use Element
Policy LU 2.4 (Economic Development), also copied below:
Goal LU 2 A living, active, and diverse environment that complements all lifestyles
and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Corona del Mar community.
5. The site is not located within a specific plan area.
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Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is John Wayne Park and the site is only slightly visible as a small portion of a
larger panoramic perspective from this vantage point. As currently developed, the existing
commercial properties and residential condominiums along West Coast Highway (the
nearest coastal view road) are located within the view shed of the site across Newport Bay.
However, the expanded outdoor dining area complies with all applicable Local Coastal
Program (LCP) development standards and maintains an area consistent with the existing
pattern of development in Lido Marina Village. Additionally, the project does not contain
any unique features that could degrade the visual quality of the coastal zone.
2. The Property is located in the coastal zone and the proposed improvements require a
coastal development permit in accordance with Newport Beach Municipal Code (NBMC)
Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements constitute an increase of ten (10) percent or more of
the internal floor area of an existing structure or a lesser improvement that has
previously been undertaken pursuant to California Public Resources Code Section
30610(a). The expanded outdoor dining area and barrier within the public walkway are
minor detached structures. The location of these improvements does not pose a conflict
to coastal resources, coastal access, or other adverse environmental effects.
3. Improvements are complementary to the area; the subject restaurant and adjacent
neighbors have similar outdoor dining improvements within the walkways of Corona del
Mar.
4. The dining area barrier is installed within the existing walkway. The barrier delineates
the area dedicated for outdoor dining use and alcohol service from the public walkway.
There are no existing City utilities within the expanded dining area.
5. Development authorized by this permit is not located in any environmentally sensitive
habitat area and public access to the coast will not be blocked. Coastal access is
increased by allowing commercial establishments to re-open allowing public to visit
coastal areas and provides an added amenity for visitors. The proposed operation does
not contain ESHA, wetlands, or sandy beach area;
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6. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
7. The proposed development will not result in the erection of any permanent structures
valued at more than $25,000.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is not located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement In this
case, the project is not located by the sea where lateral and vertical coastal access would
be needed.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-028 and Coastal Development Permit No. CD2021-053 subject to the
conditions set forth in Exhibit A, which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and Zoning
and Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF NOVEMBER, 2021.
____________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. The approval of this Limited Term Permit and Coastal Development Permit shall be
effective for up to a one (1)-year term January 1, 2022, to December 31, 2022. The
applicant shall be required to cease all permitted operations and remove any temporary
improvements made to the outdoor spaces as part of this Limited Term Permit on or before
December 31, 2022.
3. The expanded dining area shall not exceed 550 square feet.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
9 p.m., Monday through Thursday, and will close by 10:00 p.m., Friday through Sunday.
5. There shall be no use of amplified sound.
6. The applicant shall install and maintain a physical barrier between any area used and
adjacent common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
7. 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.
8.
prohibited.
9. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
10. 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.
11. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
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12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
14. This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
15. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Limited Term Permit and Coastal
Development Permit.
16. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
court costs) of every kind and nature whatsoever which may arise from or in any manner
relate (directly or i this Limited Term Permit No. XP2021-
028 and Coastal Development Permit No. CD2021-053 (PA2021-
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.
Building Division
17. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. A minimum 4-foot-wide accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite parking is
provided.
d. At least one (1) accessible seating area shall be provided.
e. Detectable warnings are required when pedestrian paths cross or are adjacent to a
vehicular way where no physical barrier are provided to separate the two (2).
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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.
Fire Department
19.Fire lane(s) shall be identified on the plan.
20. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
21. 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.
22. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three-foot clearance in all directions.
23. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
24. 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.
25. 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.
26. Covered outdoor dining areas (separate or consolidated) shall comply with the
following standards for tents larger than 400 square feet (2 or more walls) and/or
canopies larger than 700 square feet (no walls or one (1) wall):
Post maximum occupant load.
Do not exceed posted occupant load inside the tent or canopy.
Visible and Mounted Fire Extinguishers with current service tags.
No Smoking Signs shall be installed.
Illuminated Exit Signs shall be installed.
Emergency Lighting shall be provided.
Exit doors are not to be blocked and are to remain accessible as exits while the
tent is occupied.
All interior decorative fabrics or materials shall be flame resistant. Provide
Certificates of Flame Resistance.
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If Propane is used, a permit is required: Cooking and heating equipment shall not
be located within 10 feet of exits or combustible materials.
LPG containers shall be located outside and be adequately protected and secured,
and a permit will be required. Open flame or other devices emitting flame, such as
candles, are not permitted inside or within 20 feet of the tent, canopy, or temporary
membrane structure.
Tents and canopies shall have the State Fire Marshall tag indicating fire resistance.
Tents and canopies shall be designed and installed to withstand the elements of
the weather and prevent collapsing through weights and ground anchorage.
Public Works Department
27. The Applicant shall install and maintain a substantial physical barrier (water-filled traffic
barrier or K-rail between any area used and adjacent to any street, driveway, or parking
area).
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, vent
pipes, pad-mounted transformers, etc.
29.
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 3.
15
Attachment No. ZA 2
Vicinity Map
16
VICINITY MAP
Limited Term Permit No. XP2021-028 and Coastal
Development Permit No. CD2021-053
(PA2021-213)
2929 East Coast Highway
Subject Property
17
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
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2929-2939 East Coast Highway ETUP and ECDP (PA2020-201)
August 1, 2020
Page 9
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Attachment No. CD 1
Filed Application
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Attachment No. CD 2
Written Description
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2929-2939 East Coast Highway ETUP and ECDP (PA2020-201)
August 1, 2020
Page 2
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Attachment No. CD 3
Site Plan Layout
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2929-2939 East Coast Highway ETUP and ECDP (PA2020-201)
August 1, 2020
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Attachment No. CD 4
SCE Clearance Decal Examples
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SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
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D5440
Attachment No. ZA 4
SCE Clearance Decals
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SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
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D5444
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Attachment No. ZA 5
Project Plans
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From:Nova, Makana
To:Palencia, Ketshy; Lee, Amanda
Subject:FW: Forettis Tent TUP PA2021-213
Date:November 08, 2021 8:07:36 AM
Attachments:2919 TUP cityTent blockparking 11-8-21.doc
2919 Stip Per Injunction (final).docx
image001.png
Good morning Amanda and Ketshy,
Please distribute the attached comments as additional materials received for Item No. 10 on the
11/10/21 ZA agenda.
Thank you,
MAKANA NOVA, AICP
Senior Planner
mnova@newportbeachca.gov
949-644-3249
CITY OF NEWPORT BEACH
100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 | newportbeachca.gov
From: gary sauter <735gary@gmail.com>
Sent: November 07, 2021 10:28 AM
To: Nova, Makana <MNova@newportbeachca.gov>; Kleiman, Lauren
<lkleiman@newportbeachca.gov>; Lowrey, Lee <llowrey@newportbeachca.gov>; Ellmore, Curtis
<CEllmore@newportbeachca.gov>; Klaustermeier, Sarah <sklaustermeier@newportbeachca.gov>;
Koetting, Peter <pkoetting@newportbeachca.gov>; Rosene, Mark
<mrosene@newportbeachca.gov>; Weigand, Erik <eweigand@newportbeachca.gov>; Campbell, Jim
<JCampbell@newportbeachca.gov>
Subject: Forettis Tent TUP PA2021-213
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know
the content is safe.
Please review my objections to Tent 2929 E.PCH TUP applications ,
I am available if you have any questions ,
Thanks
Gary Sauter -owner 2919 E. Pch
949 274-0104
Zoning Administrator - November 10, 2021
Item No. 10a Additional Materials Received Foretti's Limited Term Permit and Coastal Development Permit (PA2021-213)
Gary Sauter • 3334 E. Coast #425 Corona Del Mar, CA 92625•Telephone 949-274-0104
Nov 7,2021 Gary Sauter -Property Owner 2919 E. Coast Hwy
Corona Del Mar, CA 92625
RE: 2929 PCH .Tent Obstruction-Planner Makana Nova Project File PA2021-213
While this well intended expansion of outdoor eating (Tent) was designed to help,
it is being abused by others.
1# The shared use parking lot exists for all of the Tenants /Businesses and Customers not just one. (see parking sign below). The ability of Customers to have access to parking spaces are an intricate part of the Small Businesses
chance for success. You are now considering an extension granting and
expanding use for another full year that is beneficial for “Foretti’s Restaurant” and detrimental to the survival of all the other Tenants, when indoor eating is now in full operation. Your actions unfortunately are hurting other businesses! Foretti’s Restaurant has been an uncooperative, uncaring and unappreciative neighbor
that has violated the TUP granted for only 3 parking spaces but Foretti’s
Restaurant has exceeded their limit and expand to 5 parking spaces, See picture below of expanded tent for 5 spaces. I did not have an opportunity to object and inform the city before the Emergency Temporary Permit UP202-065 (PA 202-144) was granted, but now I hope you will consider our concerns at this time.
Businesses are still trying to recover from the Covid Pandemic Restrictions
which, as you know, lasted for the past few years. These Businesses need asmuch help as possible to succeed!
2# The Property Owner’s, Siblings LLC (JRay family trust )are very
aware,knowledgeable and apart of the Court Ordered notice, and recorded
documents are signed by Siblings Owners (a party to the parking agreement). This agreement is for a shared use parking lot which prohibits them from blocking and/or obstructing my use and the use by other Businesses and Customers. The Owner/Manager of the property by extension has mislead the city and violated a
court ordered restraining order by signing the application for the permit without
my permission. This (Tent) is a direct violation of the Judge’s restraining order with criminal enforcement possible by the court. The parking agreement, on the other hand, is a civil matter and including violations by the Tenant Foretti’s Restaurant and Operator Thadectus. I have personally made them aware of the
agreement, and the agreement is available for review as a recorded document.
Please see attached document Court restraining order and parking use agreement which states my rights to the use of the parking lot. Please also see Parking Sign additional confirmation below stating parking is for
” 2919 is my property address “.
Zoning Administrator - November 10, 2021
Item No. 10a Additional Materials Received Foretti's Limited Term Permit and Coastal Development Permit (PA2021-213)
3# This matter has also been brought to the Planner Jonathan Munoz’s attention after the first emergency TUP was granted. I notified The Planner of the
issues,provided many pictures,and difficulties with parking and safety . These
never ending tent expansion games have been difficult to deal with and a violation. This extension of the tent exceeded and violated the (27 ft) 3X9ft parking space limitation indicated on the Tup. I have measured and confirmed this to The Operator. The extension of the Tent has caused many other issues.
The location of the tent on the side of Forett’s Restaurant is in an area which
impedes the car requirements for a turning radius. The radius should normally allow cars to turn around in order to exit the parking lot. My Tenants and Customers have dented their cars trying to make this difficult turn and this does not include all of the frustrated Customers trying to exit and park all day while
Foretti’s Restaurant is closed.
4#This problem has been compounded by Foretti’s Restaurant employees and owner, Thadectus parking illegally next to the tent. The large Car /SUV and employees demonstrate no concern or consideration for the rights of others to
use parking lot .
5# The Operator has allowed large truck deliveries to park in the parking which blocks everyone else’s use of parking lot. If the Owner of Foretti’s Restaurant was considerate, he would direct the Vendors to unload on the street or come
early when businesses are closed before 9am. This adds more difficulty to an already overloaded area /shared parking lot.
6# I have monitored the tent when I drive by daily and noticed the tent goes unused by the Restaurant Operator all day until they open at approximately 5-6
pm. Additionally, the tent only seems to have very light use on the weekends after 7 pm. Lastly, the tent appears to be used rarely with overflow. I support tables on the sidewalk as a better solution when extra seating on the weekends would help the operator .
Zoning Administrator - November 10, 2021
Item No. 10a Additional Materials Received Foretti's Limited Term Permit and Coastal Development Permit (PA2021-213)
7# The CUP for restaurant capacity seating has already been greatly expanded “approximately tripled” including the indoor area and the new outside patio with enclosed covering. This was all added after the closing of the Kentucky Fried
Chicken prior use, before counting the tent. This additional 500 sqft per the
approval by the city for the tent which is now rarely used has caused a hardship on all the other Tenants everyday. I believe it is an unnecessary over reach and is very inconsiderate to all the neighbors.
This has caused a lot of unnecessary tension with my Tenants and Customers
over this past year. All the other businesses continue to struggle to survive and this inconsiderate Operator has abused and does not deserve this special consideration.
Your help in this matter would be greatly appreciated. Please elect to deny this
application to block parking lot with expansion of the tent use.
Last time I attempted to use Zoom to join a city meeting I had difficulty with my computer.
Please call me if you have any questions. Thank you for your consideration.
Respectfully,
Gary Sauter Owner -2919 E. Coast hwy ,CDM , next to Port Theater
949-274-0104
Zoning Administrator - November 10, 2021
Item No. 10a Additional Materials Received Foretti's Limited Term Permit and Coastal Development Permit (PA2021-213)
Zoning Administrator - November 10, 2021 Item No. 10a Additional Materials Received
Foretti's Limited Term Permit and Coastal Development Permit (PA2021-213)
Zoning Administrator - November 10, 2021
Item No. 10a Additional Materials Received Foretti's Limited Term Permit and Coastal Development Permit (PA2021-213)
Zoning Administrator - November 10, 2021
Item No. 10a Additional Materials Received Foretti's Limited Term Permit and Coastal Development Permit (PA2021-213)
Zoning Administrator - November 10, 2021 Item No. 10b Additional Materials Received Foretti's Limited Term Permit and Coastal Development Permit (PA2021-213)
Zoning Administrator - November 10, 2021 Item No. 10b Additional Materials Received Foretti's Limited Term Permit and Coastal Development Permit (PA2021-213)