HomeMy WebLinkAbout06_Class of 47 Limited Term Permit and CDP_PA2021-194CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 16, 2021
Agenda Item No. 6
SUBJECT: Class of 47 Temporary Outdoor Dining Patio (PA2021-194)
▪Limited Term Permit No. XP2021-014
▪Coastal Development Permit No. CD2021-042
SITE LOCATION: 209 Palm Street
APPLICANT: Cinnamon Teal Corp dba Class of 47
OWNER: Kay Follett
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: MU-V (Mixed-Use Vertical)
•Zoning District: MU-V (Mixed-Use Vertical)
•Coastal Land Use Plan Category: MU-V (Mixed-Use Vertical)
•Coastal Zoning District: MU-V (Mixed-Use Vertical)
PROJECT SUMMARY
The applicant proposes a maximum 639-square-foot outdoor dining area with no late hours
within a maximum of four parking spaces. This is a reduction from an approximately 1,433-
square-foot patio that was previously authorized by Emergency Temporary Use Permit No.
UP2020-036 and Coastal Development Permit No. CD2020-047 (PA2020-109) for Class of
47.
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. XP2021-014 and Coastal Development Permit No. CD2021-042 (Attachment No.
ZA 1).
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DISCUSSION
• The applicant proposes to reduce and maintain an existing outdoor dining area for
up to a one-year term that was previously authorized through Emergency Temporary
Use Permit (ETUP) No. UP2020-036 and Coastal Development Permit No. CD2020-
047 (PA2020-109) for Class of 47. The area will be reduced from 1,433 square feet
(seven parking spaces) to a maximum 639 square feet in four parking spaces. The
dining area will remain in the existing general location within the parking lot along the
rear of the building and parallel to the alley.
• The original outdoor patio approved with the ETUP is not viable with the Limited Term
Permit as it occupies all but one of the parking spaces on-site. Therefore, the limited
term permit is conditioned that this approval is only for the reduced size patio
occupying no more than four parking spaces.
• Outdoor dining areas are common within the Balboa Peninsula area. The temporary
outdoor dining does not extend any hours of operation beyond those currently
permitted for the bar and restaurant and is conditioned to close by 9 p.m., daily.
• A barrier (k-rail, water-filled barrier or other barrier approved by the Public Works
Department) is conditioned to be provided between the outdoor dining area and
the drive aisle, adjacent parking stalls.
• The City is undergoing an analysis of parking rates including rates related to food
service and outdoor dining. Findings and recommendations of this study are
anticipated by December 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), 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 to reduce an existing temporary outdoor dining
patio to a maximum 679-square-foot bar and restaurant for a one-year limited term and
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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 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:
This action shall become final and effective 14 days following the date the Resolution is
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 21 (Local Coastal Program
[LCP] Implementation Plan) of the Newport Beach Municipal Code. Final action taken by
the City may be appealed to the Coastal Commission in compliance with Section 21.64.035
(Appeal to the Coastal Commission) of the City’s certified LCP and Title 14 California Code
of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. For
additional information on filing an appeal, contact the Planning Division at 949-644-3200
Prepared by:
MS/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decal Examples
ZA 5 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
LIMITED TERM PERMIT NO. XP2021-014 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-042 TO ALLOW A
TEMPORARY OUTDOOR DINING AREA LOCATED AT 209 PALM
STREET (PA2021-194)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Cinnamon Teal Corp dba Class of 47, owner of Class of 47, on
behalf of a property located at 209 Palm Street, and legally described as Lots 5, 6, and 7
in Block 5 of the Balboa Track, requesting approval of a limited term permit and coastal
development permit.
2. The applicant requests a maximum 639-square-foot outdoor dining area with no late hours
within a maximum of four (4) parking spaces. This is a reduction from an approximately
1,433-square-foot patio that was previously authorized by Emergency Temporary Use
Permit No. UP2020-036 and Coastal Development Permit No. CD2020-047 (PA2020-109)
for Class of 47.
3. The subject property is designated MU-V (Mixed-Use Vertical) by the General Plan Land
Use Element and is located within the MU-V (Mixed-Use Vertical) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed-Use Vertical (MU-V), and it is located within the Mixed-Use Vertical (MU-
V) Coastal Zone District.
5. A public hearing was held on December 16, 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
equipment, or topographical features, involving negligible or no expansion of use. The
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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 to reduce an existing temporary outdoor dining
patio to a maximum 679-square-foot bar and restaurant for 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 these 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 the temporary outdoor dining area 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. UP1027 (no
conditions). The temporary outdoor dining will close by 9 p.m., daily.
2. The outdoor 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 2021 through Emergency
Temporary Use Permit No. UP2020-036 and Coastal Development Permit No. CD2020-
047 (PA2020-109). The operation of the expanded dining area is limited to up to a one (1)-
year term and has been reviewed and conditioned to preclude any detriment to the general
welfare of the area. The temporary outdoor dining will close by 9 p.m., daily.
3. Outdoor dining areas are common within the Balboa Peninsula area. The patio use has
not proven detrimental to the surrounding area. The impact to parking is going to be
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mitigated with the reduction in size of the patio and the hours of the outdoor dining patio
end much earlier than the existing bar and restaurant.
4. The operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
5. 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.
6. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
7. The overall plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 0.16 acres in size and is relatively flat. The food and bar
service use has operated since its original approval in 1964. Based upon the site plan,
there is adequate area to accommodate the temporary outdoor dining area without
impacting pedestrian circulation, parking and circulation. The outdoor area as reduced
uses four (4) parking spaces leaving four (4) spaces remaining for patrons.
2. The lot frontage is on Palm Street and East Bay Avenue. There is a public parking lot
across Palm Street and various retail and restaurants with similar services. The food and
bar service use has existed at this site since 1964. The temporary outdoor dining use will
not impede use and enjoyment of the properties in the area and will instead add to the
ambiance and character of the area.
3. The temporary outdoor dining area will not impede any drive aisles. The location of the
outdoor dining deck has proven to be located on the lot in an area with the least impact to
the adjacent properties.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
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Facts in Support of Finding:
1. The subject lot has direct access from the alley. The outdoor dining patio will occupy four
(4) parking spaces and will not encroach into the drive aisle or impede access to the
existing parking lot.
2. The temporary outdoor dining will use four (4) parking spaces. It will have barriers to protect
the area from the drive aisles and parking areas and will not encroach into the drive aisles.
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 temporary outdoor dining will use four (4) parking spaces with appropriate delineation
and temporary physical barricades. There are four (4) parking spaces remaining on-site to
serve the restaurant patrons in addition to the public parking lot across Palm Street.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use designation and Zoning designation for this site is MU-V
(Mixed-Use Vertical). The MU-V designation is intended to provide for areas appropriate
for the development of mixed-use structures that vertically integrate residential dwelling
units above the ground floor with retail uses including office, restaurant, retail, and similar
nonresidential uses located on the ground floor or above. The temporary outdoor dining
use is accessory to the existing food service use, will be utilized for a limited duration on-
site, and will not impede use of the site consistent with the MU-V designation
2. The Limited Term Permit for the temporary outdoor dining would complement and be
consistent with the other commercial uses permitted within the Mixed-Use Vertical
Commercial area in that it provides amenities that support the 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 LU 2, below. Additional benefits from
the proposed amendment 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:
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Goal LU 2 A living, active, and diverse environment that complements all lifestyles
and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
visitors that enjoy the City’s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
enhance Newport Beach’s fiscal health and account for market demands, while
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
3. 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 Peninsula.
4. The site is not located within a specific plan area.
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 any public viewpoints or roads as identified in
the Coastal Land Use Plan. The project site is located 215 feet south of the Bay where
there is lateral and beach access as identified by the Coastal Land Use Plan along
Edgewater Place and a public boardwalk. The temporary outdoor dining area complies
with all applicable Local Coastal Program (LCP) development standards and maintains an
area consistent with the existing pattern of development along the Balboa Peninsula and
within this block of commercial and mixed-use development and restaurants. Additionally,
the project does not contain any unique features that could degrade the visual quality of
the coastal zone.
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2. The Property is located in the coastal zone and the limited term permit to maintain a
reduced temporary outdoor dining patio requires 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 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 other
restaurants on the Balboa Peninsula have similar outdoor dining improvements.
4. 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
coastal areas and provides an added amenity for visitors. The proposed operation does
not contain ESHA, wetlands, or sandy beach area;
5. 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.
Fact in Support of Finding:
1. The subject property is located between the nearest public road and the sea along East
Bay Avenue however, the site is setback approximately 215 feet from the Bay. The existing
property is developed with a bar and restaurant. The temporary outdoor dining patio is
located on the private property behind the restaurant building and does not impede access
to the public walkway along the Bay, piers, or boat slips. The temporary outdoor dining
area is approximately 215 feet south of lateral and beach access to the Bay which is
provided along Edgewater Place and the public boardwalk. The temporary outdoor dining
patio does not impede access to or impact parking or circulation to the boardwalk, beach
or Bay.
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
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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. XP2021-014 and Coastal Development Permit No. CD2021-042 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 21 Local
Coastal Program (LCP) Implementation Plan, of the Newport Beach Municipal Code.
Final action taken by the City may be appealed to the Coastal Commission in
compliance with Section 21.64.035 (Appeal to the Coastal Commission) of the City’s
certified LCP and Title 14 California Code of Regulations, Sections 13111 through
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF DECEMBER 2021.
_____________________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
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 shall be effective from January 1, 2022, to
December 31, 2022, unless an extension is granted by the Zoning Administrator in
compliance with Municipal Code Section 20.52.040.J (Extension of Limited Term Permit).
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 639 square feet and shall not occupy more
than four (4) parking spaces. The width shall not extend past the parking stalls and shall
not encroach into the parking lot drive aisle.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the temporary outdoor dining area as part of this approval shall not
extend beyond 9 p.m., daily.
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. The sale of alcohol “to go” to patrons that dine within the expanded 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 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.
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11. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
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 may 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,
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 Limited Term Permit No. XP2021-
014 and Coastal Development Permit No. CD2021-042 (PA2021-194) for Class of
47. 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.
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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).
18. All exiting paths shall be a minimum 48 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
19. 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.
20. The tops of dining surfaces and work surfaces shall be 28 to 34 inches above the finish
floor.
21. All exiting paths shall be a minimum 48 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
22. All building exits shall remain free and clear of any obstacles that would impede exiting
from a building or suite and accessing the nearest public right-of-way.
23. Accessible routes, including under canopy(ies) and other overhead improvements shall
maintain a minimum clear height of 80 inches.
24. All electrical distribution lines shall be in good working order and shall be protected from
pedestrian and vehicular traffic and shall accommodate accessibility.
Public Works Department
25. A significant barricade (k-rail, water-filled barrier or other barrier approved by the Public
Works Department shall be provided between the proposed outdoor dining areas and the
drive aisles and parking stalls.
26. The dining area and substantial barricades shall not encroach into the existing parking lot
drive aisle or any drive aisle.
27. 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.
28. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
29. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
30. Outdoor dining areas shall adhere to the SCE Clearance Decal examples provided.
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Fire Department
31. Fire lane(s) shall be identified on the plan.
32. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
33. 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.
34. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a 3-foot clearance in all directions.
35. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
36. 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.
37. 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.
• 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
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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 Marshal 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.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit No. XP2021-014 and
Coastal Development Permit No. CD2021-042
(PA2021-194)
209 Palm Street
Subject Property
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Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
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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: Class of 47 (PA2020-109)
▪ Emergency Temporary Use Permit No. UP2020-036
▪ Emergency Coastal Development Permit No. CD2020-047
Site Location 209 Palm Street
Applicant Patrick O’Connors
Property Owner Kay Follett
On June 17, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-036 and Emergency Coastal Development Permit No. CD2020-
047. This approval is based on the following findings and subject to the following conditions.
I. SUMMARY OF PROPOSED MODIFIED OPERATION
The Applicant proposes to modify operations for the existing Class of 47 bar and restaurant
to ensure the safety of its employees and patrons, as depicted in Attachment No. CD 3. The
modified operations consist of the temporary addition of an outdoor dining area
(approximately 21-feet, 8-inches wide and approximately 1,433 square feet in area) along
the parking lot parallel to the alley for up to 24 seats.
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), 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. 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 an
expanded outdoor dining area of approximately 1,433 square feet and meets these criteria.
DocuSign Envelope ID: 9F114B31-865A-4CB8-849C-2E3F0867E891
20
Class of 47 (PA2020-109)
June 17, 2020
Page 6
Tmplt: 05/22/2020
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.
VI. 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,
Attachments: CD 1 Filed Application
CD 2 Project Description
CD 3 Site Plan Diagram
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
findings, and conditions of approval. This is an approved and executed permit and it
constitutes a contract between the City and Permittee for all purposes.
Applicant Name and Title
Signature Date
DocuSign Envelope ID: 9F114B31-865A-4CB8-849C-2E3F0867E891
6/18/2020
PresidentPatrick O'Connor
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Attachment No. ZA 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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24
D5425
Tmplt: 05/27/20
Attachment No. ZA 5
Project Plans
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