HomeMy WebLinkAboutPA2021-304_20220201_ZA Action Letter COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Subject: Great Maple (PA2021-304)
Limited Term Permit No. XP2021-043 Site Location 1133 Newport Center Drive Applicant Newport Restaurant Venture, LLC dba Great Maple Property Owner The Irvine Company On February 1, 2022 the Zoning Administrator approved Limited Term Permit No. XP2021-043. This approval is based on the following findings and subject to the following conditions.
LAND USE AND ZONING
• General Plan Land Use Plan Category: CR (Regional Commercial)
• Zoning District: PC-56 North Newport Center, Fashion Island Sub-Area I. SUMMARY OF PROPOSED OPERATION
A Limited Term Permit to maintain the temporary expanded outdoor dining patio for Great Maple approved by Emergency Temporary Use Permit No. UP2020-129 (Attachment No. ZA 2) for less than 90 days. The ETUP allowed Great Maple use of an expanded 900-square-foot outdoor dining area in addition to their permanent 700-square-foot outdoor dining area. There is no proposed change to the area or seating from the ETUP approval.
The applicant has provided a project description and existing plans (no change) in Attachment ZA 3. 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), Section 15303 Class 3 (New Construction or Conversion of Small Structures), and Class 4 (Minor Alterations to Land) 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
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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 Class 4 exemption includes minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. The project includes several outdoor dining patio area expansions to existing restaurants
and is within the parameters noted for these exemptions and will not have a significant effect
on the environment. The temporary 900-square-foot outdoor dining patio area is less than 2,500 square feet and is located in an urbanized area zoned for this use. The expanded patio is temporary in nature and use of the existing mall common area is anticipated to have negligible or no permanent effects on the environment. There are no known exceptions
listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these
exemptions.
III.LIMITED TERM PERMIT REQUIRED FINDINGS
In accordance with Newport Beach Municipal Code (NBMC) Section 20.52.040 (Limited Term Permits), the following findings and facts in support of such findings are set forth:
A.The operation of the requested 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 applicant has requested a limited term permit for ninety (90) days or less, startingon February 1, 2022, and ending on May 2, 2022. Therefore, the proposed operation willnot create any long-term impacts on the surrounding community.
2.The permitted use shall adhere to applicable State of California and Orange CountyHealth Care Agency guidelines for the safe operation of the use. It is the responsibilityof the permittee to implement and follow industry-specific guidance of the State ofCalifornia and the Orange County Health Care Agency guidelines
3.The proposed operation has been reviewed by and is acceptable to the Building Division,Fire & Life Safety Division, Code Enforcement Division and Public Works Department.Conditions of Approval are included to help ensure this operation is not detrimental;
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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 restaurant is located on the interior of Fashion Island mall and Great Maple has operated in a similar fashion for the duration of the emergency temporary use permit (authorized in 2020). The mall worked with the Operator to ensure the location is the best to not impact pedestrian circulation in the mall. Based upon
the site plan, there is adequate area to accommodate the limited duration use to
remain for less than 90 days with no physical improvements made elsewhere on the property. 2. An adequate interior pedestrian walkway is maintained for the mall and the
proposed temporary extension of the Great Maple outdoor dining patio is in line
with the other restaurants along the same corridor. 3. There have been no code enforcement complains to date regarding the use of the Emergency Temporary Permit. Should a complaint be filed, the applicant
intends to respond accordingly based on City rules and regulations.
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 Fashion Island mall has adequate access driveway approaches from Newport Center Drive and ample parking areas provided in the surface lots and parking structures
for the mall. 2. The restaurant includes a permanent outdoor dining patio; the temporary addition to the size of the outdoor dining patio is not expected to generate significantly more parking demand and traffic that is typical for the use within the mall.
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either onsite or at alternate locations acceptable to the Zoning Administrator;
Facts in Support of Finding: 1. The Fashion Island mall includes surface parking and parking structures adequate to accommodate restaurants and accessory outdoor dining areas.
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2. Fact C2 is incorporated by reference.
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 Regional Commercial (CR). The CR designation R designation is intended to provide retail, entertainment, service, and supporting uses that serve local and regional residents. Typically, these are integrated into a multi-tenant development that contains one or more
“anchor” uses to attract customers. The proposed use is complementary to the
existing mall use, will be utilized for a limited duration on-site, and will not impede use of the site consistent with the CR designation. 2. The site is located in the North Newport Center (Planned Community 56, Fashion
Island Sub- Area) (PC-56) Zoning District. The PC-56 Zoning District, Fashion
Island Sub-Area is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant
regional retail and entertainment center and a day/evening destination with a wide
variety of uses that will serve visitors, residents, and employees of the area. The proposed use is complementary to the existing Fashion Island mall use, will be utilized for a limited duration on-site, and will not impede use of the site consistent with the PC-56 designation. The PC-56 zoning district allows temporary uses as
specified within the Zoning Code and the proposed limited duration use is
consistent with this designation. 3. The site is not located within a specific plan area.
IV. CONDITIONS OF APPROVAL
General Conditions for all Tenants 1. The development shall be in substantial conformance with the approved site plan,
floor plans and building elevations stamped and dated with the date of this approval
(except as modified by applicable conditions of approval). 2. The approval of this Limited Term Permit shall be effective from February 1, 2022, to May 2, 2022. The applicant shall be required to cease all permitted operations and
remove any temporary improvements made to the outdoor spaces as part of this Limited Term Permit on or before May 3, 2022. 3. The expanded patio shall not exceed 900 square feet.
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4. The hours of operation for the expanded outdoor dining patios shall not extend
beyond 10:00 p.m.
5. The applicant shall install and maintain a physical barrier (such as 72-inch long, 42-inch high terra cotta hedge planters) to delineate expanded outdoor dining areas. 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. 6. 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. 7. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
8. The establishment shall abide by all applicable Orange County Health Care Agency requirements.
9. The permittee shall provide adequate trash receptacles within the permitted patio
shall and the operator shall provide for periodic and appropriate removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
Building
10. 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 onsite 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.
11. 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
12. 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. 13. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
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14.Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
Public Works
15.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 vaultlids, manholes, vent pipes, pad-mounted transformers, etc.
16.Seating or structures below overhead conductors and/or under the ‘drip line’ shall
be prohibited.
17.Public eating/dining at tables shall not be situated on top of energized vault lids,energized underground structures, or next to vent pipes, etc.
18.Expanded outdoor dining areas shall adhere to the SCE clearance decal
examples provided in Attachment No. ZA 4.
Miscellaneous
19.The project is subject to all applicable City ordinances, policies, and standards,unless specifically waived or modified by the conditions of approval.
20.The applicant shall comply with all federal, state, and local laws. Material violation
of any of those laws in connection with the use may be cause for revocation of this
Use Permit.
21.This Limited Term Permit be modified or revoked by the Zoning Administrator ifdetermined that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious toproperty or improvements in the vicinity or if the property is operated or maintainedso as to constitute a public nuisance.
22.Any change in operational characteristics, expansion in area, or other modification
to the approved plans, shall require an amendment to this Limited Term Permit.
23.This approval shall expire and become void unless exercised within 24 months fromthe actual date of review authority approval, except where an extension of time isapproved in compliance with the provisions of Title 20 Planning and Zoning of the
Newport Beach Municipal Code.
24.To the fullest extent permitted by law, applicant shall indemnify, defend and holdharmless 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,
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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. XP2021-043 (PA2021-304) for Great Maple. 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.
APPEAL PERIOD: An appeal or call for review may be filed with the Director of Community Development or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different period of time is specified by the Municipal
Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and tract maps, lot
line adjustments, or lot mergers). For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by:
Approved by:
Attachments: ZA 1 Vicinity Map ZA 2 Emergency Temporary Use Permit No. UP2020-129 ZA 3 Project description including floor plan
ZA 4 SCE Clearance Decals
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Attachment No. ZA 1
Vicinity Map
VICINITY MAP
Limited Term Permit No. XP2021-043
(PA2021-304)
1133 Newport Center Drive
Subject Property
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Attachment No. ZA 2
Emergency Temporary Use Permit No. UP2020-129
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: Fashion Island ETUP Amendment No. 3 (PA2020-231)
▪ Emergency Temporary Use Permit No. UP2020-129
Site Location 401 Newport Center Drive
Applicant Joe Woldenberg for the Irvine Company
Property Owner The Irvine Company
On August 13, 2020, the Community Development Director approved Emergency
Temporary Use Permit No. UP2020-129 to amend and supersede UP2020-105. This
approval is based on the following findings and subject to the following conditions.
I. SUMMARY OF PROPOSED OPERATION
The applicant proposes to modify operations for the Fashion Island Shopping Center to
expand dining area for Fig & Olive, add dining area for Nordstom, and add a drive-in movie
theater operation to the top level of an existing parking structure. The amended emergency
temporary use permit allows for expanded outdoor dining areas for 17 restaurant, personal
service, and movie theater locations in Fashion Island Shopping Center, as follows
(modifications and additions are noted):
1. Cucina Enoteca (1,362 square feet)
2. Great Maple (900 square feet)
3. Cheesecake Factory (504 square feet)
4. PF Chang’s (504 square feet)
5. California Pizza Kitchen (504 square feet)
6. Yard House (784 square feet)
7. R + D Kitchen (420 square feet and 154 square feet)
8. Canaletto (595 square feet)
9. Blu Nail Salon (520 square feet)
10. Le Pain Quotidien (228 square feet and 330 square feet)
11. Sushi Roku (320 square feet, 12 seats)
12. Hopdoddy (420 square feet)
13. Red-O (2,050 square feet)
14. Fig & Olive (8,130 square feet) dining area expanded
15. Flemming’s (1,980 square feet)
16. Nordstrom (450 square feet) dining area added
17. Drive-In Movie Theater (upper level of parking structure at 799 Newport Center
Drive) added
Fashion Island ETUP (PA2020-231)
August 13, 2020
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This Emergency Temporary Use Permit UP2020-129 will supersede the existing UP2020-
105 (PA2020-196).
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), Section 15303 Class 3 (New
Construction or Conversion of Small Structures), and Class 4 (Minor Alterations to Land) of
the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3.
Section 15269 allows specific actions necessary to prevent or mitigate an emergency. The
Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The Class 4 exemption includes minor temporary use of land having negligible or
no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.
The project includes several outdoor dining patio area expansions to existing restaurants
and is within the parameters noted for these exemptions and will not have a significant effect
on the environment. None of the proposed dining patio areas exceed 2,892 square feet of
expanded outdoor dining area and are located in an urbanized area zoned for this use. The
drive-in movie theater is temporary in nature and use of the existing parking structure is
anticipated to have negligible or no permanent effects 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, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19. The proposed operation is necessary to provide
adequate space to allow for appropriate social distancing.
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
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August 13, 2020
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of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
4. Fashion Island Shopping Center is required to comply with the Fire Protection and
Life Safety Analysis dated June 12, 2009, and prepared by Code Consultants, Inc.
(Attachment No. CD 2), which requires a 20-foot wide egress path along the paseos
as a means of egress. Shopping center pedestrian traffic is anticipated to occur at
reduced levels for the duration of the local emergency and the expanded dining and
personal service area improvements within the paseos are temporary in nature.
Therefore, the paseos will maintain a modified minimum 10-foot wide clear and
straight path for the egress path of travel.
5. The permitted uses must be operated in compliance with applicable State
Department of Alcoholic Beverage Control (ABC) requirements.
6. The proposed operation has been reviewed by and is acceptable to the Building
Division, Fire & Life Safety Division, and the Public Works Department. Conditions of
Approval are included to help ensure this operation is not detrimental;
7. The proposed operation does not constitute an increase in the overall occupant load
beyond what the existing Use Permit and/or Certificate of Occupancy allow;
8. The overall plan includes appropriate delineation of outdoor use spaces with
temporary physical barriers or markers.
9. There is adequate parking available to serve the proposed operation because the
restaurants and service uses are not increasing the occupancy beyond their already
permitted limit; and
10. The operation plan ensures safe circulation and queueing for all drivers and
pedestrians in the area;
11. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
12. This Emergency Temporary Use Permit does not extend the allowed hours and days
of operation beyond those currently permitted by any applicable City- or County-
issued discretionary permit.
IV. CONDITIONS OF APPROVAL
General Conditions for all Tenants
1. Only that specifically described above and depicted in the attached conceptual site
plans is authorized, subject to the conditions set forth below. Any additional changes
require separate review and may necessitate separate authorization from the
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August 13, 2020
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Director. The expanded outdoor areas shall operate in substantial conformance with
the site plans provided in Attachment No. CD 4.
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 requirements, and permit
procedures that regulate the use and development of private or public property
operations are suspended only to the extent that the these provisions or restrictions
set forth in a discretionary permit conflict with the terms of this Emergency Temporary
Use Permit.
3. Prior to operation of each tenant’s expanded seating area, the applicant shall provide
a seating layout to the Planning Division to confirm compliance with the conditions of
approval.
4. This Emergency Temporary Use Permit UP2020-129 shall supersede the existing
UP2020-105 (PA2020-196). The area for the expanded outdoor patio and service
areas shall not exceed the following sizes for each tenant:
a. Cucina Enoteca (1,362 square feet)
b. Great Maple (900 square feet)
c. Cheesecake Factory (504 square feet)
d. PF Chang’s (504 square feet)
e. California Pizza Kitchen (504 square feet)
f. Yard House (784 square feet)
g. R + D Kitchen (420 square feet and 154 square feet)
h. Canaletto (595 square feet)
i. Blu Nail Salon (520 square feet)
j. Le Pain Quotidien (228 square feet and 330 square feet)
k. Sushi Roku (320 square feet, 12 seats)
l. Hopdoddy (420 square feet)
m. Red-O (2,050 square feet)
n. Fig & Olive (8,130 square feet)
o. Flemming’s (1,980 square feet)
p. Nordstrom (450 square feet)
q. Drive-In Movie Theater (upper level of parking structure at 799 Newport Center
Drive)
5. The hours of operation for the expanded outdoor dining patios as part of this
Emergency Temporary Use Permit shall not extend beyond 10:00 p.m. Refer to
specific conditions for drive-in movie operations.
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 (such as 72-inch long, 42-
inch high terra cotta hedge planters) to delineate expanded outdoor dining areas.
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August 13, 2020
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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. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
10. The establishment 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. Establishments that provide personal services, shall abide by the COVID-19 Industry
Guidance: Expanded Personal Care Services Provided Outdoors provided by the
California Department of Public Health and Department of Industrial Health.
13. The permittee shall provide adequate trash receptacles within the permitted patio
shall and the operator shall provide for periodic and appropriate removal of trash,
litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet
of the premises.
Building
14. 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 onsite
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.
15. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
Fire
16. 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.
17. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
Fashion Island ETUP (PA2020-231)
August 13, 2020
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18. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
Public Works
19. 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.
20. Seating or structures below overhead conductors and/or under the ‘drip line’ shall
be prohibited.
21. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
22. Expanded outdoor dining areas shall adhere to the SCE clearance decal
examples provided in Attachment No. CD 3.
23. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
24. The Community Development Director may immediately revoke this permit if the
Director determines that there has been a violation of any condition of approval. Any
revocation of an Emergency Temporary Use permit shall be deemed effective upon
the posting of a notice of revocation at the site of the business granted the emergency
temporary permit.
25. 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
26. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed.
27. 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.
28. 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,
Fashion Island ETUP (PA2020-231)
August 13, 2020
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disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of this
Emergency Temporary Use Permit for Fashion Island Shopping Center. 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.
Tenant Specific Conditions of Approval
Red-O
29. The expanded outdoor dining area shall not block access to ADA parking spaces.
30. The expanded outdoor dining area shall provide substantial barriers (consisting of
K-rails, water-filled barriers, or similar) to delineate the dining area adjacent to
drive aisles.
31. One parking space shall be blocked off to provide a hammerhead turn around at
the dead-end drive aisle.
32. Fire lane(s) shall be identified on the plan.
33. Parking, displays, seating, or other obstacles that interfere with emergency
vehicles and personnel shall not be permitted in fire lanes.
34. 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.
Nordstrom’s
35. A minimum 4-foot wide walkway shall be maintained for pedestrians adjacent to the
expanded dining areas.
Flemming’s
36. The expanded outdoor dining area shall not block access to ADA parking spaces.
37. The expanded outdoor dining area shall provide substantial barriers (consisting of
K-rails, water-filled barriers, or similar) to delineate the dining area adjacent to drive
aisles.
Attachment No. ZA 3
Project description and site plan
PA2021-304
PA2021-304
PA2021-304
PA2021-304
PA2021-304
PA2021-304
PA2021-304
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Attachment No. ZA 4
SCE Decals
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
D54