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HomeMy WebLinkAboutZA2021-078 - APPROVING LIMITED TERM PERMIT NO. XP2021-005 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-036 TO ALLOW AN EXPANDED OUTDOOR DINING AREA LOCATED AT 5930 WEST COAST HIGHWAY (PA2021-180)RESOLUTION NO. ZA2021-078 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, LIMITED TERM PERMIT NO. XP2021-005 AND COASTAL DEVELOPMENT PERMIT NO. CD2021-036 TO ALLOW AN EXPANDED OUTDOOR DINING AREA LOCATED AT 5930 WEST COAST HIGHWAY (PA2021-180) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Tim Campbell representing Cappy’s Café with respect to a property located at 5930 West Coast Highway, and legally described as Lot 5 and Portion of Lot 4, Block 159, A Tract, River Section requesting approval of a limited term permit and coastal development permit. 2. The applicant proposes a limited term permit and a coastal development permit to allow an 800-square-foot expanded dining area for Cappy’s Café for up to a one (1)-year term. This is a reduction from the 1,800-square-foot outdoor dining area previously authorized through Emergency Temporary Use Permit No. UP2020-052 (PA2020-131) 3. The subject property is designated Visitor Serving Commercial (CV) by the General Plan Land Use Element and is located within the Commercial Visitor-Serving (CV) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Visitor Serving Commercial – 0.0-0.75 FAR (CV-A) and it is located within the Commercial Visitor-Serving (CV) Coastal Zone District. 5. A public hearing was scheduled on November 24, 2021 and continued to December 16, 2021.The public hearing was held online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. 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 Sections 15301 and 15303 under Class 1 (Existing Facilities) and 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. 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical Zoning Administrator Resolution No. ZA2021-078 Page 2 of 13 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 800-square-foot expanded outdoor dining patio at an existing restaurant for a one-year limited term (January 1, 2022 through December 31, 2022) 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 outdoor dining patio for one (1)-year term (January 1, 2022 through December 31, 2022) while the City reconsiders its parking requirements related to food service uses. The existing food service use is authorized through Emergency Temporary Use Permit No. UP2020-052 (PA2020-131) and includes 800 square feet of net public area. 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 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. Zoning Administrator Resolution No. ZA2021-078 Page 3 of 13 09-30-21 3. The proposed operation is conditioned to be accessible to all persons, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA). 4. The permitted use shall adhere to applicable State of California and Orange County Health Care Agency guidelines for the safe operation of the use. It is the responsibility of the permittee to implement and follow industry-specific guidance of the State of California and the Orange County Health Care Agency guidelines. 5. The permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements. 6. The overall plan includes appropriate delineation of outdoor use spaces with 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 0.12 acres in size and is a flat property adjacent to West Coast Highway. The existing food service use with outdoor dining has operated at 5930 West Coast Highway since 1982. Based upon the modified site plan and reduced outdoor dining area, there is adequate area to accommodate the expanded dining area without impacting traffic and pedestrian circulation. 2. The lot is bounded by the Semeniuk Slough waterway to the east and a retail center to the west. To the north is a veterans housing apartment complex and the Semeniuk Slough waterway. To the south, across West Coast Highway, is a residential area. An existing food service use with outdoor dining is located at this site. The expanded outdoor dining use will not impede use and enjoyment of the properties in the area, as conditioned. 3. The existing restaurant site provides twelve (12) surplus parking spaces and the proposed expanded dining area. The expanded dining area will reduce the private parking provided by ten (10) parking spaces. The business has a surplus of twelve (12) spaces based on the existing net public area of the building at a parking rate of one (1) space for every thirty- five (35) square feet of net public area. The expanded outdoor dining area and change in circulation will reduce this surplus to two (2) parking spaces. 4. The modified design will provide one-way drive-aisle circulation through the site and provide a better flow of traffic for patrons seeking parking for the restaurant. No ongoing traffic or site circulation issues are anticipated. Zoning Administrator Resolution No. ZA2021-078 Page 4 of 13 09-30-21 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; Fact in Support of Finding: 1. The subject lot is accessed from West Coast Highway and 60th Street. Private parking is provided on-site and across 60th Street at 205 and 207 60th Street. All of the private parking lots, along with the subject property are owned by 5930 W. Coast Highway, LLC. The food service use is located in a commercial and residential area and proposes to operate from 8:00 a.m. to 3:00 p.m., Sunday through Saturday. The private parking lots have historically accommodated Cappy’s Café and no traffic issues are anticipated with the continued use of the expanded dining area and modified site plan. 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 1982. The existing private parking has historically accommodated the food service use and is expected to accommodate the temporary use. 2. The subject property’s original Use Permit (UP1980) established a parking rate of one (1) parking space per every thirty-five (35) square feet of net pubic area at the establishment. 3. The establishment maintains a total of forty-three (43) existing parking spaces located on- site and across 60th Street at 205 and 207 60th Street, which are owned in common with the subject property. Only thirty-one (31) spaces are required per the parking rate established by Use Permit No. UP1980, resulting in a surplus of twelve (12) parking spaces. 4. The proposed canopy will use ten (10) spaces, reducing the parking surplus to two (2) spaces based on the establishment’s existing net public area. While the anticipated parking demand for the proposed outdoor dining area is not accommodated for on-site, the parking spaces that will be occupied by the outdoor dining area are currently surplus spaces. To further accommodate the proposed outdoor dining area, Cappy’s proposes to change the circulation through the business’s parking lot from two-way to one-way, entering along West Coast Highway and exiting at 60th Street. Zoning Administrator Resolution No. ZA2021-078 Page 5 of 13 09-30-21 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 for this site is CV (Visitor Serving Commercial). The CV designation is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. Food service uses are consistent with nonresidential uses permitted in this zoning district. 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 CV designation. 2. The site is located in the Commercial Visitor-Serving (CV) Zoning District. The CV designation is intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors to the City. 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 CV designation. The CV zoning district allows temporary uses as specified within the Zoning Code and the proposed limited duration use is consistent with this designation. 3. The Limited Term Permit for expanded outdoor dining would complement and be consistent with the other commercial uses permitted within the CV Zoning District in that it provides amenities that support visitors to the area and provides a social gathering place for those who live and work in the neighborhood, consistent with General Plan Land Use 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: Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City’s diverse recreational amenities, and protect its important environmental setting, resources, and quality of life. Policy LU 2.4 Economic Development Accommodate uses that maintain or enhance Newport Beach’s fiscal health and account for market demands, while maintaining and improving the quality of life for current and future residents. (Imp 1.1, 24.1) 4. Council Policy D-9 recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community. The policy Zoning Administrator Resolution No. ZA2021-078 Page 6 of 13 09-30-21 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 its economic prosperity while maintaining the unique character of the Newport Shores community. 5. 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 a coastal view road, public access way, or coastal viewpoint as identified in the Coastal Land Use Plan. The nearest coastal viewpoint is Newport Shores Park, immediately to the northwest of the site and the property is not visible from 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 Newport Shores. The outdoor dining area has been reduced by 1,000 square feet from the scope approved by Emergency Temporary Use Permit No. UP2020-052 (PA2020-131), and placed against the building, instead of encroaching into the property’s drive aisle and parking spaces along Semeniuk Slough. This improved, narrow design will be less visible from West Coast Highway, increasing and improving the quality of the view of Semeniuk Slough by motorists and pedestrians traveling along the highway, compared to the original outdoor dining area 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 private parking lot are minor detached structures. The location of these improvements does not pose a conflict to coastal resources, coastal access, or other adverse environmental effects. Zoning Administrator Resolution No. ZA2021-078 Page 7 of 13 09-30-21 3. The dining area barrier is installed within the private parking lot. The barrier delineates the area dedicated for outdoor dining use and alcohol service from parking area. There are no existing City utilities within the expanded dining area. Substantial barriers in the form of K-rail or water-filled barriers will be provided adjacent to drive aisles and parking areas to ensure the safety of pedestrians from vehicle areas. 4. Development authorized by this permit will not block public access to the coast. Coastal access is increased by allowing commercial establishments to re-open, allowing the public to visit coastal areas and providing an added amenity for visitors. 5. The proposed operation is located adjacent to Semeniuk Slough to the north and east. In accordance with NBMC Section 21.30B.040 (Wetlands, Deepwater Areas, and Other Water Areas), a one hundred (100) foot buffer is required between development and wetlands unless: 1) a one hundred (100)-foot buffer is not possible due to site specific constrains, and b) the proposed narrower buffer would be amply protective of the biological integrity of the wetland given the site-specific characteristics of the resource and of the type and intensity of disturbance. A one hundred (100)-foot buffer between the proposed operation and Semeniuk Slough is not feasible to maintain as the outdoor dining area shall be located in the parking lot located between the main structure and Semeniuk Slough. Existing development within the parking area extends to fifteen (15) feet from the waterway and a one hundred (100)-foot buffer is not possible due to the location of the existing restaurant and parking area. A buffer of at least fifteen (15) feet shall be maintained between the proposed operation and adjacent Semeniuk Slough. The original outdoor dining area approved by Emergency Temporary Use Permit No. UP2020-052 was immediately adjacent to the waterway; therefore, the reduced scope proposed in this Limited Term Permit is an improvement on the original outdoor dining area. The proposed expanded dining area is located within a previously developed parking lot where appropriate site drainage is already provided. The proposed narrower buffer would be amply protective of the biological integrity of the wetland given the site-specific characteristics of the site and proposed improvements. The proposed improvements do not result in any additional site disturbance and the Project will not impact habitat for endangered, rare, or threatened species. 6. There is no feasible alternative location for the proposed operation due to physical constraints on the subject property. The parking lot is in the rear of the subject property and the subject building is located along the property line adjacent to West Coast Highway to the south and 60th Street to the west, prohibiting an outdoor dining area in front of and to the west of the establishment. Due to these constraints, the proposed operation is for a limited one (1)-year term and is only feasible in the parking lot behind the subject building, adjacent to the Semeniuk Slough waterway. 7. Development authorized is not located in an area in which the California Coastal Commission retains direct permit review authority. Finding: Zoning Administrator Resolution No. ZA2021-078 Page 8 of 13 09-30-21 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 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 and the project’s impact and be proportional to the impact. In this case, coastal access is provided from the existing parking area on-site. Furthermore, the project is designed and sited (appropriate height, setbacks, etc.) so as not to block or impede existing public access opportunities. 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. XP2021-005 and Coastal Development Permit No. CD2021-036, 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 Title 21 Local Coastal 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 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. Zoning Administrator Resolution No. ZA2021-078 Page 9 of 13 09-30-21 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 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 Municipal Code Sections 20.52.040.J (Extension of Limited Term Permit) and 21.54.060 (Time Limits and Extensions). 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 800 square feet. The design and site circulation shall occupy no more than ten (10) existing parking spaces on-site. 4. Parking for customers and patrons shall be limited to the areas shown on the exhibit provided in the project plans. 5. 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 3:00 p.m. 6. There shall be no use of amplified sound. 7. A buffer of at least fifteen (15) feet shall be maintained between the proposed operation and the adjacent Semeniuk Slough as a one hundred (100)-foot buffer is infeasible at this location. A reduced buffer is determined to be amply protective of the wetland and the proposed buffer is a significant improvement on the locations of the originally approved outdoor dining area in relation to Semeniuk Slough. All improvements shall be limited to the existing surface parking lot and shall not extend into unimproved site areas. 8. 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. 9. The parking and/or stopping of vehicles in 60th Street or in the public right-of-way between the subject property and adjacent buildings is prohibited. A “no customer pickup/drop off” sign shall be posted on the restaurant building on 60th Street. Zoning Administrator Resolution No. ZA2021-078 Page 10 of 13 09-30-21 10. All deliveries shall occur outside of 60th Street. Delivery vehicles shall also not park in the 60th Street end where “keep clear” markings are striped and “no parking” signs are posted. 11. 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. 12. The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be prohibited. 13. The establishment shall abide by all applicable Orange County Health Care Agency requirements. 14. 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. 15. The Community Development Director or designee may inspect the modified area at any time during normal business hours. 16. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 17. 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. 18. 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. 19. 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. 20. All outdoor lighting fixtures shall be designed, shielded, aimed, located, and maintained to direct lighting away from environmentally sensitive habitat areas (ESHA) and ESHA buffers and to minimize glare, sky glow, and light trespass, in compliance with NBMC Sections 21.030B.030(E)(5) and 21.30.070. 21. 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, Zoning Administrator Resolution No. ZA2021-078 Page 11 of 13 09-30-21 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- 005 and Coastal Development Permit No. CD2021-036 (PA2021-180) for Cappy’s Café. 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 22. 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. 23. 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. 24. A building permit is required for proposed 800-square-foot tent/membrane structure. Fire Department 25. Fire lane(s) shall be identified on the plan. 26. Parking, displays, seating or other obstacles that interfere with emergency vehicles and personnel shall not be permitted in fire lanes. 27. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided that the driver remains inside the vehicle and the vehicle is ready to move immediately upon orders from emergency personnel. 28. All Fire Department devices (fire hydrants, fire department connections, water valves, etc.) shall have a three-foot clearance in all directions. 29. Fire Department devices shall not be covered, blocked or otherwise hidden from plain view. Zoning Administrator Resolution No. ZA2021-078 Page 12 of 13 09-30-21 30. 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. 31. 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. 32. 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 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. Public Works Department 33. 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). Zoning Administrator Resolution No. ZA2021-078 Page 13 of 13 09-30-21 34. There shall be a minimum of 5 feet of space around all overhead facilities such as power poles and 15 feet of spaces around all underground facilities, such as vault lids, vent pipes, pad mounted transformers, etc. 35. Seating or structures below overhead conductors and/or under the “drip line” shall be prohibited. 36. Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc. 37. Expanded outdoor dining areas shall adhere to the Southern California Edison clearance decal requirements. 38. All dead-end drive aisles shall be accommodated a dedicated turn-around area and minimum 5-foot hammerhead area. 39. The parking lot at 5930 West Coast Highway shall be restriped to accommodate one-way traffic flow as approved and required by the Public Works and Community Development Departments. 40. Appropriate one-way signage shall be installed as approved and required by the Public Works and Community Development Departments. 41. Restaurant employees shall not direct customers to park on 60th Street or within any adjacent or nearby private parking lots.