HomeMy WebLinkAbout02_The Mayor's Table Pacific Pub + Kitchen Limited Term Permit and CDP_PA2021-202
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 24, 2021
Agenda Item No. 2
SUBJECT: The Mayor's Table Pacific Pub + Kitchen (PA2021-202)
Limited Term Permit No. XP2021-020
Coastal Development Permit No. CD2021-046
SITE LOCATION: 3300 Newport Boulevard
APPLICANT: R.D. Olson Development
OWNER: City of Newport Beach
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: CV-LV (Visitor Serving Commercial Lido
Village)
Zoning District: CV-LV (Commercial Visitor - Serving Lido Village)
Coastal Land Use Plan Category: CV-LV (Visitor Serving Commercial Lido Village -
[103,470 GROSS SF])
Coastal Zoning District: CV-LV (Commercial Visitor - Serving Lido Village)
PROJECT SUMMARY
A request for a limited term permit and coastal development permit to authorize a 1,000-
square-foot temporarily expanded outdoor dining area for The Mayor's Table Pacific Pub +
Kitchen restaurant. The request will modify the layout previously authorized through
Emergency Temporary Use Permit No. UP2020-186 (PA2020-343) and will be in effect for
up to a one-year term (January 1, 2022 through December 31, 2022).
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. XP2021-020 and Coastal Development Permit No. CD2021-046 (Attachment No.
ZA 1).
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DISCUSSION
A request for a limited term and coastal development permit to authorize a 1,000-
square-foot maximum temporarily expanded dining area )
Table Pacific Pub + Kitchen restaurant for up to a one-year term
(January 1, 2022 through December 31, 2022). The request will modify the patio
layout previously authorized for the restaurant through Emergency Temporary Use
Permit No. UP2020-186 (PA2020-343). Emergency temporary use permits were
issued by the Community Development Director in response to the COVID-19
pandemic and pursuant to Emergency Ordinance No. 2020-005.
The at the Lido House Hotel. The patio for the
restaurant is proposed to be located on an ipe wood deck, adjacent to a large grassy
area, on the west side of the property along Newport Boulevard. The patio is
proposed to measure 20 feet wide by 50 feet long and be covered by a tent structure.
Breakfast, lunch, and dinner will be served on the patio with the patio ceasing
operation by 10 p.m., consistent with the existing business hours of the restaurant.
The immediately surrounding uses are primarily nonresidential with the nearest
residential zoning district over 250 feet away across Newport Boulevard. The patio
is not anticipated to generate excessive noise, create a nuisance, or be disruptive.
The patio was reviewed by the Code Enforcement and Water Quality Division and
there were no ongoing issues identified as part of their review.
The proposed patio does not result in a loss of parking or negative impacts to vehicle
circulation. An adequate supply of parking is available to serve the subject restaurant,
patio, and the Lido House Hotel.
The patio will not impede pedestrian coastal access as this is an inland property
adjacent to Newport Boulevard. The subject property does not abut a beach or the
waterfront. The nearest designated coastal viewpoint is approximately 443 feet to the
east, at Lido Park. The patio is on the ground level of the project site and separated
from the park by the multi-story Lido House Hotel. The patio is not visible from the
park nor is the patio tall enough to obstruct coastal views from any northernly Coastal
Viewpoints. A portion of Newport Boulevard is designated as a coastal view road
however the designation terminates approximately 400 feet north of the project site.
The project has been reviewed by the Building Division, Fire and Life Safety Division,
Public Works Department, and the Real Property Division. Conditions of Approval
are included in the Draft Resolution (Attachment No. ZA 1) to help ensure this
operation is not detrimental to the surrounding uses. Additionally, the large tent will
require approval of a building permit to demonstrate the proposed design complies
with anchorage requirements for wind loading.
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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) 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 1,000-square-foot expanded outdoor
dining patio at an existing restaurant for a maximum of a one-year limited term and qualifies
under 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 the Class 3 Exemption.
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 located within the appeal area of the coastal zone; therefore, final action by the City
may be appealed to the California Coastal Commission.
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Prepared by:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decals
ZA 5
ZA 6 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. XP2021-020 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-046 TO ALLOW A
TEMPORARILY EXPANDED OUTDOOR DINING AREA
LOCATED AT 3300 NEWPORT BOULEVARD (PA2021-202)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by R.D. Olson Development (Applicant), with respect to property
located at 3300 Newport Boulevard which is located at the northeast corner of the
intersection of Newport Boulevard and 32nd Street on the Balboa Peninsula in the Lido
Village area of the City, 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 1,000-square-foot
maximum expanded dining area for up to a one (1)-year term (January 1, 2022 through
December 31, 2022). The original expanded dining area layout was authorized by
Emergency Temporary Use Permit No. UP2020-186 (PA2020-343) for The Mayor's Table
Pacific Pub + Kitchen.
3. The subject property is categorized CL-LV (Visitor Serving Commercial Lido Village) by
the General Plan Land Use Element and is located within the CV-LV (Commercial Visitor
- Serving Lido Village) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is CV-LV (Visitor Serving Commercial Lido Village - [103,470 GROSS SF]) and it
is located within the CV-LV (Commercial Visitor - Serving Lido Village) Coastal Zoning
district.
5. A public hearing was held on November 24, 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.
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2. 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 1,000-square-foot 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 (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, 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 (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 (i.e., restaurant) is authorized through
Use Permit No. UP2016-015 (PA2016-061) which allows a restaurant within the larger Lido
House Hotel development.
2. The patio 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 (ETUP). ETUP No. UP2020-186 (PA2020-343) authorized two (2)
large outdoor tents (approximately 900 square feet of patio area) within an existing
outdoor area of the Lido House Hotel. The current request will increase the size of the
patio by 100 square feet and relocate it to the wood ipe deck approximately 50 feet to
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the south. 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 within the Lido Marina Village and have been used at the
subject property during similar hours in the past. The use has not proven detrimental.
Furthermore, the patio was reviewed by the Code Enforcement and Water Quality Division
and there were no on-going issues identified as part of their review.
4. The existing hours of operation for the restaurant are 6:30 a.m. through 10 p.m., daily. The
patio would also close by 10 p.m., daily, as required by Condition of Approval No. 4.
5. A condition of approval related to heaters is incorporated as Condition of Approval No. 26.
The proposed patio area will also be covered with a tent and must comply with the fire
requirements outlined in Condition of Approval No. 27.
6. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
7. 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.
8. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
9. The plan includes appropriate delineation of outdoor use spaces with physical barriers or
markers.
10. The expanded dining area will not impede pedestrian coastal access since this is an inland
property adjacent to Newport Boulevard. The subject property does not abut a beach or
the waterfront.
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 5.4 acres in size, relatively flat, and adjacent to Newport
Boulevard. The site is developed with the Lido House Hotel. The proposed patio for the
restaurant is to be located on a wood ipe deck, adjacent to a large grassy area, on the
west side of the property along Newport Boulevard. Based upon the site plan, there is
adequate area to accommodate the patio without impacting pedestrian circulation..
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2. The immediately surrounding uses are primarily nonresidential with the nearest residential
zoning district over 250 feet away, across Newport Boulevard. The patio is not anticipated
to impede the use and enjoyment of the properties in the area.
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 Newport Boulevard and Finley Avenue. A surface parking
area with approximately 148 stalls is provided on-site. The proposed patio does not result
in a loss of parking and negative impacts to vehicle circulation are not anticipated from the
continued use of the patio.
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. The existing restaurant with permanent outdoor dining has operated at the subject
property since 2018. 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.
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 CV-LV (Visitor Serving Commercial Lido Village) General Plan category is intended
to allow for a range of accommodations (e.g., hotels, motels, hostels), goods, and services
intended to primarily serve visitors to the City of Newport Beach. The patio is accessory to
the existing restaurant within the larger hotel site. The patio will be enjoyed by guests of
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the hotel and visitors to the City, which is consistent with the General Plan. The patio will
also be used by residents of the City.
2. The CV-LV (Commercial Visitor - Serving Lido Village) Zoning District provides for a
range of accommodations (e.g., hotels, motels, hostels), goods, and services intended to
primarily serve visitors to the City of Newport Beach. The CV-LV zoning district allows
food service uses and the expanded dining area is a temporary use, authorized with a
limited term permit.
3. The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CV-LV Zoning District of
the Lido Marina Village 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)
Additionally, the patio is consistent with Policy LU 6.9.1 of the Land Use Element of the
character. The outdoor patio is inviting to pedestrians and creates a lively environment
along the streetscape.
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.
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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 designated
coastal viewpoint is approximately 443 feet to the east, at Lido Park. The patio is on the
ground level of the project site and separated from the park by the multi-story Lido House
Hotel. The patio is not visible from the park nor is the patio tall enough to obstruct coastal
views from any northernly Coastal Viewpoints. A portion of Newport Boulevard is
designated as a coastal view road however the designation terminates approximately 400
feet north of the project site. 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 do not 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 project site 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. The temporary patio improvements are complementary to the area. The restaurant
already features some outdoor dining, and the hotel features many outdoor spaces to
enjoy food and beverages. The tent will provide protection from rain and wind during the
colder months.
4. The patio is surrounded with a physical barrier. 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 (ESHA) 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
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coastal areas and provides an added amenity for visitors. The proposed operation does
not contain ESHA, wetlands, or sandy beach area.
6. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
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.
Facts 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.
2. The expanded dining area will not impede pedestrian access to the waterfront as the
nearest beach is approximately a quarter of a mile to the west of the site, along 32nd
avenue.
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. The exceptions to the Class 3 Exemption under
Section 15300.2 are not applicable.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-020 and Coastal Development Permit No. CD2021-046 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. A
fee is not required to appeal any final action on a coastal development permit to the
Planning Commission. Final action taken by the City may be appealed to the Coastal
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California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the
Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 24TH 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 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 from January 1, 2022, to December 31, 2022, unless an extension is granted by
the Zoning Administrator in compliance with Sections 20.52.040(J) (Extension of Limited
Term Permit) and 21.54.060 (Time Limits and Extensions) of the NBMC. The Applicant
shall be required to cease all permitted operations and remove any temporary
improvements made to the outdoor spaces as part of this approval at the end of the
effective period.
3. The expanded dining area shall not exceed 1,000 square feet in area.
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
10 p.m., daily.
5. There shall be no use of amplified sound and/or live entertainment.
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 (ABC).
7. The Applicant shall obtain and maintain authorization from the 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 ABC.
8. panded outdoor patios shall be
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
approval.
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
Limited Term Permit No. XP2021-
020 and Coastal Development Permit No. CD2021-046 (PA2021-202) for The
Mayor's Table Pacific Pub + Kitchen. 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.
19. Large tents (over 400 square feet) shall provide plans from a licensed engineer to
demonstrate a proposed design complies with anchorage requirements for wind loading.
A building permit shall be obtained prior to installing the tent.
Fire Department
20. Fire lane(s) shall be identified on the plan.
21. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
22. 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.
23. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a 3-foot clearance in all directions.
24. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
25. 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.
26. 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 by the fire code official.
27. Covered outdoor dining areas (separate or consolidated) shall comply with the
following standards for tents larger than 400 square feet (two [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.
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Zoning Administrator Resolution No. ZA2021-###
Page 12 of 12
09-30-21
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.
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.
28. The tent is limited to a one (1)-year term in its proposed location. Any request
to extend the limited term permit will require subsequent review and approval
from the Fire Department prior to approval from the Zoning Administrator.
Public Works Department
29. 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.
30. Seating or structures below overhe
prohibited.
31. Public eating/dining at tables shall not be situated on top of energized vault lids, energized
underground structures, or next to vent pipes, etc.
32. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided in the staff report (Attachment No. ZA 4).
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Limited Term Permit No. XP2021-020 and
Coastal Development Permit No. CD2021-046
(PA2021-202)
3300 Newport Boulevard
Subject Property
19
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
20
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:Mayor’s Table ETUP (PA2020-343)
Emergency Temporary Use Permit No. UP2020-186
Site Location 3300 Newport Boulevard
Applicant Lido House, LLC
Property Owner Lido House, LLC
On November 23, 2020,the Community Development Director approved Emergency
Temporary Use Permit No. UP2020-186. 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 two large outdoor tents (approximately 900
square feet) within the existing patio area of Lido House Hotel abutting Newport
Boulevard. The two tents are 15 feet by 30 feet (450 square feet each) and will cover an
existing dining area. Tables are proposed to be a minimum of seven feet apart to observe
social distancing requirements.
II. CEQA DETERMINATION
The proposed operation is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an
emergency), Section 15301 Class 1 (Existing Facilities), and Section 15303 Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions
necessary to prevent or mitigate an emergency. The Class 1 exemption includes the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use. The Class 3 exemption includes a
store, motel, office, restaurant, or similar structure not involving the use of significant
amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000
square feet in floor area in urbanized areas zoned for such use. The project includes a 900-
square-foot outdoor dining patio area expansion to an existing hotel 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.
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III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case, the Community Development Director has found that the temporary use would
not create a hazard to the health, safety, or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit 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. The
authorized capacity of the establishment shall not be exceeded and all local public
health protocols shall be observed;
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. 2016-015;
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;
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);
11. The proposed operation does not contain ESHA, wetlands, or sandy beach area;
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12. The proposed development will not result in the erection of any permanent structures
valued at more than $25,000.
13. 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 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 3.
2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions
and any restrictions set forth in an applicable discretionary permit regulating uses,
nonconforming uses, development standards, parking and permit procedures that
regulate the use and development of private or public property operations are
suspended only to the extent that these 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 900 square feet.
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 Emergency Temporary
Use Permit shall not extend beyond 10 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 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. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
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9. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
10. 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.
11. 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
12. 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.
13. Provide not less than 5 percent accessible seating at tables and counters with
knee clearance of at least 27 inches high, 30 inches wide, and 19 inches deep.
14. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches
above the finish floor.
15. 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.
16. Large tents (over 400 square feet) shall provide plans from a licensed engineer to
demonstrate a proposed design complies with anchorage requirements for wind
loading. Large tents (over 400 square feet) must be setback 10 feet from interior
property line.
Fire
17. Fire lane(s) shall be identified on the plan.
18. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
19. 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.
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20. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
21. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
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.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 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.
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
24. The Applicant shall install and maintain a substantial physical barrier between any
area used and adjacent to any street, driveway or parking area.
25. 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.
26. Seating or structures below overhead conductors and/or under the ‘drip line’ shall
be prohibited.
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27. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
28. Expanded outdoor dining areas shall adhere to the SCE clearance decal
examples provided in Attachment No. CD 2.
Miscellaneous
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.
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 The Mayor’s Table. 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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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.
______________________________
David S. Lee, Associate Planner
MKN/dl
Attachments: CD 1 Filed Application
CD 2 SCE Project Decals
CD 3 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.
Insert applicant name and title
Signature Date
27
Attachment No. CD 1
Filed Application
28
PA2020-343
29
30
Matt Ewing
Development Manager
31
Attachment No. CD 2
SCE Clearance Decals
32
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
33
34
D5435
Tmplt: 05/22/2020
Attachment No. CD 3
Site Plan Layout
36
37
38
39
40
41
42
43
44
45
46
47
Safe Use of Portable Gas-Fired Heaters by Businesses
The City of Newport Beach wants to help your business operate safely and effectively outdoors as you
modify operations in response to the and tier system. The following
information (prepared by our colleagues at the Orange County Fire Authority) is based on the California
Fire Code (CFC) and the California Code of Regulations (CCR) and should help to answer most questions
concerning the use of portable gas heaters. In addition to abiding by these regulations, please be sure to
always follow the product safety, and use requirements provided by the manufacturer of the gas-fired
heaters utilized by your business.
Design
All portable heaters used by a business must be UL listed for commercial use (CFC 603.4.2.2.1). Guards
and tip-over protections are required as outlined in Section 603 of the CFC and Title 19 of the CCR.
Location
Portable gas-fired heaters may only be used outside in well-ventilated areas (CFC 603.4.2). See
for distance from umbrellas.
Prohibited outside locations:
Inside of tents, canopies and other membrane structures (CFC 603.4.2.1.1)
Within five (5) feet of buildings (CFC 603.4.2.1.2)
Within five (5) feet of combustibles (CFC 603.4.2.1.3)
Within five (5) feet of exits or exit discharges (CFC 603.4.2.1.4)
On exterior balconies (CFC 603.4.2.1.1)
LP Tank Storage
All propane tanks must only be stored outside, with the following separations (CFC 603.2.3.4):
Five (5) feet from a building with two means of egress
Ten (10) feet from a building with one means of egress
Ten (10) feet from combustible materials
A maximum of seven (7), 20 lb. tanks are permitted at any single business, including empty tanks (CFC
Table 5003.1.1).
Questions?
48
Attachment No. ZA 4
SCE Clearance Decals
49
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
50
51
D5452
Tmplt: 05/27/20
Attachment No. ZA 5
53
54
55
56
Tmplt: 05/27/20
Attachment No. ZA 6
Project Plans
57
58