HomeMy WebLinkAbout04_Newport Fusion Sushi Temporary Outdoor Expansion Limited Term Permit_PA2021-200CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
January 13, 2022
Agenda Item No. 4
SUBJECT: Newport Fusion Sushi Temporary Outdoor Expansion (PA2021-200)
Limited Term Permit No. XP2021-018
SITE LOCATION: 21135 Newport Coast Drive
APPLICANT / OWNER: The Irvine Company
PLANNER: Patrick Achis, Assistant Planner
949-644-3237, pachis@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: CN (Neighborhood Commercial)
Zoning District: PC53 (Newport Ridge)
PROJECT SUMMARY
A request for a limited term permit to allow a maximum 550-square-foot expanded dining
area for up to a one-year term. The expanded dining area was previously authorized through
Emergency Temporary Use Permit No. UP2020-181 (PA2020-337).
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), 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, and the
exceptions to the Class 3 Exemption do not apply; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-018 (Attachment No. ZA 1).
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DISCUSSION
A request for a limited term permit to allow a maximum 550-square-foot expanded
outdoor dining area for up to a one-year term. The expanded dining area was
previously authorized through Emergency Temporary Use Permit No. UP2020-181
(PA2020-337).
The expanded dining area currently occupies common area within the shopping
center, adjacent to the subject tenant space. Existing parking spaces are not affected
by the temporary dining area and no traffic issues are anticipated with the continued
use of the expanded dining area on a temporary basis for up to one year.
The subject restaurant is located within the Commercial Village planning area of
Newport Ridge in a multi-tenant shopping center (Newport Coast Shopping Center).
Restaurants and outdoor dining areas are common within the Newport Coast
Shopping Center. Local commercial uses within the Commercial Village may include
retail sales, local services, and limited professional and administrative office uses.
The allowed hours of operation for the restaurant will not change. To help ensure
harmony with the nearby residential uses, the temporary outdoor dining area will
have more limited hours closing by 10 p.m., daily.
The expanded dining area has not posed a hazard or a nuisance to the general
welfare of persons residing in the area since it was placed during the COVID-19
pandemic in 2020 through an Emergency Temporary Use Permit. The operation of
the expanded dining area is limited to up to one year and has been reviewed and
conditioned to help preclude any detriment to the general welfare of the area.
It is notable that the City is also undergoing an analysis of parking rates, including
rates related to food service and outdoor dining. Initial findings and recommendations
of this study were presented at the City Council study session on November 30, 2021.
Preliminarily, the study found that food service parking requirements should be
lowered and that rideshare service drop-off/pick-up areas or alternative modes of
transportation should be considered. This information will ultimately inform future
revisions to the Zoning Code, which may support future use permit amendments for
permanent 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.
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The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 550-square-foot expanded outdoor
dining patio at an existing establishment for up to 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.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Newport Beach
Municipal Code (NBMC). 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
Chapter 20.64 (Appeals) of the NBMC. The project site is not located within the coastal
zone. For additional information on filing an appeal, contact the Planning Division at 949-
644-3200.
Prepared by:
BMZ/pda
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decals
ZA 5 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
LIMITED TERM PERMIT NO. XP2021-018 TO ALLOW A
TEMPORARILY EXPANDED OUTDOOR DINING AREA
LOCATED AT 21135 NEWPORT COAST DRIVE (PA2021-200)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Irvine Company (Applicant), with respect to property
located at 21135 Newport Coast Drive, and legally described as Parcel No. 1 of Parcel
Map No. 2000-160, requesting approval of a limited term permit.
2. The Applicant requests to allow a maximum 550-square-feet expanded dining area for up
to a one (1)-year term. The expanded dining area was previously authorized through
Emergency Temporary Use Permit No. UP2020-181 (PA2020-337).
3. The subject property is categorized Neighborhood Commercial (CN) by the General Plan
Land Use Element and is located within the Newport Ridge (PC53) Planned Community.
4. The subject property is not located within the coastal zone.
5. A public hearing was held on January 13, 2022, 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
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 scope of work is a maximum 550-square-foot expanded outdoor dining patio
at an existing establishment for up to a one (1)-year limited term and qualifies under the
parameters of the Class 1 and Class 3 exemptions.
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3. The exceptions to the Class 3 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.
In accordance with Section 20.52.040(G) (Limited Term Permits) of the NBMC, the following
findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of
the requested limited duration use;
Facts in Support of Finding:
1. The Limited Term Permit will allow an extended and expanded outdoor dining patio for up
to a one (1)-year term while the City reconsiders its parking requirements related to food
service uses. The existing food service use is authorized through Site Development
Review No. 0104624 and includes approximately 1,000 square feet of interior net public
area with no authorization for permanent outdoor dining.
2. The expanded dining area has not posed a hazard or nuisance to the general welfare of
persons residing in the area since it was placed during the COVID-19 pandemic in 2020
through an Emergency Temporary Use Permit. The operation of the expanded dining area
is limited to up to one (1)-year and has been reviewed and conditioned to help preclude
any detriment to the general welfare of the area. The Code Enforcement Division will
continue to ensure all conditions of approval are abided by.
3. Restaurants and outdoor dining areas are common within the Newport Coast Shopping
Center. To help ensure harmony with the nearby residential uses, the temporary outdoor
dining area will have more limited hours closing by 9 p.m., Monday through Thursday, and
by 10 p.m. Friday through Sunday.
4. The proposed 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
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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 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 property is 240,802 square feet and is developed with a multi-use neighborhood
shopping center, along with a surface parking lot. The temporarily expanded parking area
will be located within an existing common area of the shopping center, adjacent to the
subject restaurant. Based upon the site plan, there is adequate area to accommodate the
expanded dining area without impacting pedestrian circulation.
2. The lot is bounded by Ridge Park Road to the south, San Joaquin Hills Road to the north,
multi-family residences to the west, and Newport Coast Drive to the east. Existing food
service uses with outdoor dining are located within the shopping center and are intermixed
with other nonresidential and residential uses. As conditioned, the temporarily expanded
outdoor dining area will not impede use and enjoyment of other properties in the mixed-
use neighborhood, and it is expected to continue to add to the ambiance and character of
the Newport Coast 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 shopping center is accessed from Newport Coast Drive, San Joaquin Hills Road, and
Ridge Park Road. There is a surface parking lot to serve all tenants in the center, including
the restaurant. Sufficient parking is provided on-site, and no traffic issues are anticipated
with the continued temporary use of the expanded dining area.
2. The City is also undergoing an analysis of parking rates, including rates related to food
service and outdoor dining. Initial findings and recommendations of this study were
presented at the City Council study session on November 30, 2021. Preliminarily, the study
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found that food service parking requirements should be lowered and that rideshare service
drop-off/pick-up areas or alternative modes of transportation should be considered. This
information will ultimately inform future revisions to the Zoning Code, which may support
future use permit amendments for permanent outdoor dining areas.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations acceptable
to the Zoning Administrator; and
Facts in Support of Finding:
1. The existing food service use has operated at the subject property since 2019, and the
temporarily expanded outdoor dining area has been in operation since 2020. There have
been no complaints about lack of parking in the area, which is developed with a mixture of
residential and nonresidential uses. The parking is expected to adequately accommodate
the temporary use for up to a one (1)-year term.
2. The temporarily expanded dining area will not impede pedestrian access along any private
or public walkway.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan,
any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use category for this site is Neighborhood Commercial (CN). The
CN designation is intended to provide for a limited range of retail and service uses
developed in one (1) or more distinct centers oriented to primarily serve the needs of and
maintain compatibility with residential uses in the immediate area. The expanded outdoor
dining use is accessory to the existing food service use, will be utilized for a limited duration
on-site, and will maintain compatibility with nearby residential uses consistent with the CN
category.
2. The site is in the Commercial Village of the Newport Ridge Planned Community (PC53)
Zoning District. The Commercial Village area intends for a variety of local commercial
uses, facilities supporting the surrounding community, and the opportunity for multifamily
residential uses combine to make a unique mixed-use development area. Local
commercial uses within the Commercial Village may include retail sales, local services,
limited professional and administrative office uses, and restaurants. The Commercial
Village of the PC53 District allows food service uses and the expanded dining area is a
temporary use, authorized with a limited term permit.
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3. The Limited Term Permit for temporarily expanded outdoor dining would complement and
be consistent with the other commercial uses permitted within the Newport Coast
Shopping Center because 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
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
its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain
while maintaining and improving the quality of life for current and future
residents. (Imp 1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Newport Coast community.
5. The site is not located within a specific plan area.
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 do not
apply.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-018 subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
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3. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and Zoning
of the NBMC.
PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF JANUARY, 2022.
_____________________________________
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 shall be effective for a one (1)-year period from
the effective date, 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 550 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 to common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
7. The sidewalk and all adjoining public rights-of-way shall remain free and clear from any
obstructions.
8. The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the Applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
9.
prohibited.
10. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
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.
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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 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.
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
court costs) of every kind and nature whatsoever which may arise from or in any manner
re Limited Term Permit No. XP2021-
018 (PA2021-200) for Newport Fusion Sushi Temporary Outdoor Expansion. This
indemnification shall include, but not be limited to, damages awarded against the City,
if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action, suit or proceeding whether incurred by Applicant, City,
and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify
the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing
the indemnification provisions set forth in this condition. The Applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Building Division
17. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. A minimum 4-foot-wide accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite parking is
provided.
d. At least one (1) accessible seating area shall be provided.
e. Detectable warnings are required when pedestrian paths cross or are adjacent to a
vehicular way where no physical barrier are provided to separate the two (2).
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18. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
Fire Department
19.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.
20. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a 3-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. 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.
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d. All heating equipment installations shall be approved for the Fire Code official.
Public Works Department
24. 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.
25. Seating or structures below overhe
prohibited.
26. Public eating/dining at tables shall not be situated on top of energized vault lids, energized
underground structures, or next to vent pipes, etc.
27. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit No. XP2021-018
PA2021-200
21135 Newport Coast Drive
Subject Property
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Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
17
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:Newport Coast Shopping Center ETUP Amendment
(PA2020-337)
Emergency Temporary Use Permit No. UP2020-181
Site Location 21103 - 21181 Newport Coast Drive
Applicant / Owner The Irvine Company
On November 24, 2020,the Community Development Director approved Emergency
Temporary Use Permit No. UP2020-181. This approval is based on the following findings
and subject to the following conditions.
I. SUMMARY OF PROPOSED OPERATION
An emergency temporary use permit amendment to allow additional outdoor dining spaces
for a total of three existing restaurants. This approval supersedes the existing permit under
(PA2020-171), whose allowances, facts in support of findings, and conditions are reflected
herein.
T ,
adjacent to the respective restaurants, and consists of the following measurements:
Mustard Café 500 square feet
Newport Fusion Sushi 500 square feet
942 square feet (approved under PA2020-171)
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
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Newport Coast Shopping Center ETUP (PA2020-337)
November 24, 2020
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square feet in floor area in urbanized areas zoned for such use. The project includes
temporary outdoor dining expansion to three existing restaurants and is within the
parameters noted for these exemptions and will not have a significant effect on the
environment. There are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case, the Community Development Director has found that the temporary use would
not create a hazard to the health, safety, or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit is temporary
and only valid during the emergency order established by Emergency Ordinance No.
2020-005.
2. The project,
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 operations have 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 operations do not constitute an increase in the overall occupant load
beyond what the existing Use Permit and/or Certificate of Occupancy allow;
6. An adequate supply of parking is available to serve the subject business and
surrounding uses.
7. The proposed operation does not extend any hours of operation beyond those
currently permitted by the operator use permits. The temporary expanded areas
must close by 10 p.m.
8. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
9. The plans include appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
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November 24, 2020
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10. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
IV. CONDITIONS OF APPROVAL
1. Only that specifically described above and depicted in the attached site plan is
authorized, subject to the conditions set forth below. Any additional changes require
separate review and may necessitate separate authorization from the Director. The
expanded dining area shall be in substantial conformance with the site plan and
seating layout provided in Attachment No. CD 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 patios shall not exceed the following:
Mustard Café 500 square feet (21137 Newport Coast Drive)
Newport Fusion Sushi 500 square feet (21135 Newport Coast Drive)
942 square feet (21135 Newport Coast Drive)
4. The existing allowed hours of operation of the establishments 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 areas shall be prohibited.
6.All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum distance of seven (7) feet to ensure proper social distancing is
maintained.
7. The applicant shall install and maintain a physical barrier (barricades) between any
area used and adjacent pedestrian walkways.
8. The applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or
consumption of alcohol is under the control of the applicant. The establishments shall
abide by all applicable regulations of the State Department of Alcoholic Beverage
Control.
9. The sale of alcohol to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
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10. The establishments shall abide by all applicable Orange County Health Care Agency
requirements.
11. 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.
12. The applicant shall provide adequate trash receptacles within the permitted patio
shall and the operators 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
13. 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.
14. 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.
15. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches
above the finish floor.
16. 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.
17. Accessible routes, including under canopies and other overhead improvements
must maintain a minimum clear height of 80 inches.
Fire
18. Fire lane(s) shall be identified on the plan.
19. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
20. 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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21. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
22. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
23. 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.
Miscellaneous
24. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
25. 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 ofa notice of revocation at the site of the business granted the emergency
temporary permit.
26. 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
27. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed.
28. 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.
29. 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,
disbursements and court costs) of every kind and nature whatsoever which may
this
Emergency Temporary Use Permit for Newport Coast Shopping Center (PA2020-
337). 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
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proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any
amount owed to the City pursuant to the indemnification requirements prescribed
in this condition.
V. APPEAL
This decision may be appealed by the applicant/permittee to the City Manager by notifying
the City Manager of the appeal within three (3) calendar days of the decision. The City
Manager shall have authority to sustain, reverse or modify the decision of the Community
Development Director and the City Manager's decision shall be final.
On behalf of Seimone Jurjis, Community Development Director.
MKN/pda
Attachments: CD 1 Filed Application
CD 2 SCE Clearance Decals
CD 3 Tent Heater Standards
CD 4 Site Plan Layout
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
findings, and conditions of approval. This is an approved and executed permit and it
constitutes a contract between the City and Permittee for all purposes.
Applicant name and title
Signature Date
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Attachment No. CD 1
Filed Application
24
Community Development Department
Planning Permit Application
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
I:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Covid-19 application update\Planning Permit Application - Covid-19.docx Rev: 05/18/2020
1.Check Permits Requested:
Approval-in-Concept -AIC #Lot Merger Staff Approval
Coastal Development Permit Limited Term Permit -Tract Map
Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study
Coastal Residential Development Modification Permit Use Permit -Minor Conditional
Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit
Comprehensive Sign Program Planned Community Development Plan Emergency Temp. Use Permit/CDP
Development Agreement Planned Development Permit Variance
Development Plan Site Development Review -Major Minor Amendment -Code PC GP LCP
Lot Line Adjustment Parcel Map Other:
2.Project Address(es)/Assessors Parcel No(s)
3.Project Description and Justification (Attach additional sheets if necessary):
4.Applicant/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
5.Contact/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
6.Owner Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
7.Property Owners Affidavit*:(I) (We)
depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further
certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information
herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief.
Signature(s):________________________________ Title: Date:
DD/M0/YEAR
Signature(s):________________________________ Title:Date:
*May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the
application. Please note, the owner(s) signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized.
Newport Coast Shopping Center, 21103-21181 Newport Coast Dr., Newport Beach, CA 92657
Temporary seating areas to allow for COVID-19 social distancing requirements.
Phil Vise/ The Irvine Company
110 Innovation Dr
Irvine CA 92617
949-720-2373 pvise@irvinecompany.com
Phil Vise/ The Irvine Company
110 Innovation Dr
Irvine CA 92617
949-720-2373 pvise@irvinecompany.com
The Irvine Company LLC
110 Innovation Dr
Irvine CA 92617
Phil Vise, Sr. Director of Property Management - Irvine Company Retail Properties
Phil Vise Digitally signed by Phil Vise
Date: 2020.11.17 17:01:32
-08'00'Sr. Director, Property Management 11/17/2020
PA2020-337
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Attachment No. CD 2
SCE Clearance Decals
26
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
27
28
D5429
Attachment No. CD 3
Tent Heater Standards
30
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 States Blueprint for a Safer Economy 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
manufacturers specifications 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?
Please contact the NBFDs Fire Prevention Division at 949-644-3106 for assistance.
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Attachment No. CD 4
Site Plan Layout
32
Facade Improvements: 24 Hr Fitness 2711.17.20LEASING SITE PLANNEWPORT COAST PA2020-33733
Facade Improvements: 24 Hr Fitness 2711.17.20NEWPORT COAST - NEWPORT FUSION SUSHI & MUSTARD CAFEEXPANDED PATIO PLANSNEWPORT FUSION SUSHIMUSTARD CARDPASTA POMODORONEWPORT FUSION SUSHIMUSTARD CARDKRAVE6666644physical barricadew/ reflectivity andidentification500 SF6'-0"6'-0"NEWPORTFUSION SUSHIMUSTARDCAFE664500 SF6'-0"6'-0"66PA2020-33734
35
36
Attachment No. ZA 4
SCE Clearance Decals
37
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
38
39
D5440
Tmplt: 05/27/20
Attachment No. ZA 5
Project Plans
41
Facade Improvements: 24 Hr Fitness 2711.17.20NEWPORT COAST - NEWPORT FUSION SUSHI & MUSTARD CAFEEXPANDED PATIO PLANSNEWPORT FUSION SUSHIMUSTARD CARDPASTA POMODORONEWPORT FUSION SUSHIMUSTARD CARDKRAVE6666644physical barricadew/ reflectivity andidentification500 SF6'-0"6'-0"NEWPORTFUSION SUSHIMUSTARDCAFE664500 SF6'-0"6'-0"66PA2020-33742