HomeMy WebLinkAbout02_Avila’s El Ranchito Temporary Patio Limited Term Permit and CDP_PA2021-273
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
February 10, 2022
Agenda Item No. 2
SUBJECT: Avila’s El Ranchito Temporary Patio (PA2021-273)
▪ Limited Term Permit No. XP2021-036
▪ Coastal Development Permit No. CD2021-071
SITE LOCATION: 2800 Newport Boulevard
APPLICANT: Avila’s El Ranchito
OWNER: Sergio Avila
PLANNER: David S. Lee, Associate Planner
949-644-3249, dlee@newportbeachca.gov
LAND USE AND ZONING
• General Plan Land Use Plan Category: CV (Visitor Serving Commercial)
• Zoning District: CV (Commercial Visitor-Serving)
• Coastal Land Use Plan Category: CV-A (Visitor Serving Commercial – 0.0-0.75
FAR)
• Coastal Zoning District: CV (Commercial Visitor Serving)
PROJECT SUMMARY
The applicant proposes a 1,000-square-foot maximum expanded outdoor dining area for up
to a one-year term that was previously authorized for a 4,200-square-foot patio through
Emergency Temporary Use Permit No. UP2020-008 and Emergency Coastal Development
Permit No. CD2020-025 (PA2020-077) for Avila’s El Ranchito.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-036 and Coastal Development Permit No. CD2021-071 (Attachment No.
ZA 1).
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DISCUSSION
•The applicant proposes a 1,000-square-foot maximum expanded outdoor dining area
for up to a one-year term that was previously authorized for a 4,200-square-foot patio
through Emergency Temporary Use Permit No. UP2020-008 and Emergency
Coastal Development Permit No. CD2020-025 (PA2020-077) for Avila’s El Ranchito.
•Outdoor dining areas are common within the Balboa Peninsula area, and have been
used at the subject property during similar hours in the past, and the use has not
proven detrimental. An 867-square-foot outdoor dining patio was recently approved
for Chihuahua Brewing Company (PA2021-187), which is located in the nearby
shopping center, The Landing. Additionally, an 875-square-foot patio was approved
for Malarky’s Irish Pub (PA2021-205). The proposed hours of operation do not extend
beyond those currently permitted by the existing use permit. The proposed temporary
outdoor dining area would close by 9:00 p.m., daily.
•The subject property has been occupied by a food service use with outdoor dining
since prior to 1975. The existing parking lot has historically accommodated the
restaurant and is expected to provide for the temporary use. There have been no
parking-related complaints or issues raised related to the outdoor dining area
installed under the previous emergency permit.
•The proposed patio is located on a site that is comprised of two separate lots under
common ownership. The combined two lots are a total of 0.24 acres in size and
include the subject restaurant as well as an on-site surface parking lot. The reduction
of five on-site parking spaces is for a temporary basis, and the patio has been
reviewed by Public Works and Building departments to ensure that it will not
negatively impact on-site circulation.
•The City is also undergoing an analysis of parking rates including rates related to
food service and outdoor dining. Findings and recommendations of this study may
inform a future conditional use permit amendment for outdoor dining areas.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures), of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
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Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 1,000-square-foot expanded outdoor
dining patio at an existing restaurant for a one-year limited term and qualifies under the
parameters of the Class 1 and Class 3 exemptions. There are no known exceptions listed
in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. Administrative procedures for appeals are provided in
the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to appeal
any final action on a coastal development permit to the Planning Commission. The project
site is not located within the appeal area of the coastal zone; therefore, final action by the
City may not be appealed to the California Coastal Commission. For additional information
on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
__________________________
David S. Lee, Associate Planner
MS/dl
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. XP2021-036 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-071 TO ALLOW AN
EXPANDED TEMPORARY OUTDOOR DINING AREA LOCATED
AT 2800 NEWPORT BOULEVARD (PA2021-273)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Avila’s El Ranchito, with respect to property located at 2800
Newport Boulevard, legally described as Parcel 1 of Block 225, requesting approval of a
limited term permit and a coastal development permit.
2.The applicant proposes a 1,000-square-foot maximum expanded outdoor dining area for
up to a one (1)-year term that was previously authorized for a 4,200-square-foot patio
through Emergency Temporary Use Permit No. UP2020-008 and Emergency Coastal
Development Permit No. CD2020-025 (PA2020-077) for Avila’s El Ranchito.
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 (CV-A) – (0.0 to 0.75 FAR) and it is located within
the Commercial Visitor Serving (CV) Coastal Zoning District.
5.A public hearing was held on February 10, 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
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involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 1,000-square-foot expanded outdoor
dining patio at an existing restaurant for a one (1)-year limited term and qualifies under the
parameters of the Class 1 and Class 3 exemptions.
3.The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040.G (Limited Term Permits) of the Newport Beach
Municipal Code, 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 Use Permit No. 1757
and includes 1,418 square feet of net public area.
2.The expanded outdoor dining area has not posed a hazard to the general welfare of
persons residing in the area since it was placed during the COVID-19 pandemic in 2020
through an Emergency Temporary Use Permit No. UP2020-008 (PA2020-077), which
authorized two (2) patios totaling 4,200 square feet. The operation of the expanded outdoor
dining area is limited to up to a one (1)-year, and has been reviewed and conditioned to
preclude any detriment to the general welfare of the area.
3.Outdoor dining areas are common within the Balboa Peninsula area, and have been used
at the subject property during similar hours in the past, and the use has not proven
detrimental. An 867-square-foot outdoor dining patio was recently approved for Chihuahua
Brewing Company (PA2021-187), which is located in the nearby shopping center, The
Landing. Additionally, an 875-square-foot patio was approved for Malarky’s Irish Pub
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(PA2021-205). The proposed hours of operation do not extend beyond those currently
permitted by the existing use permit. The proposed temporary outdoor dining area would
close by 9:00 p.m., daily.
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
permittee to implement and follow industry-specific guidance of the State of California and
the Orange County Health Care Agency guidelines.
6.The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
7.The overall plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
Finding:
B.The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located adjacent
to and in the vicinity of the lot;
Facts in Support of Finding:
1.The proposed patio is located on a site that is comprised of two (2) separate lots under
common ownership. The combined two (2) lots are a total of 0.24 acres in size and include
the subject restaurant as well as an on-site surface parking lot. The reduction of five (5)
on-site parking spaces is for a temporary basis, and the patio has been reviewed by Public
Works and Building departments to ensure that it will not negatively impact on-site
circulation.
2.The project site is located on the northeast corner of Newport Boulevard and 28th Street.
Surrounding uses include mixed-use properties in all directions. Lido House Hotel is
located approximately 1,000 feet north of the project site. Additionally, The Landing
shopping center is approximately 650 feet northwest of the project site. The temporary
patio does not negatively affect surrounding uses as it serves an existing restaurant
adjacent to a large shopping center.
Finding:
C.The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
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Fact in Support of Finding:
1.The subject lot has access taken from the alley opposite of Newport Boulevard. The
temporary outdoor patio is located adjacent to the restaurant and will not impede access
to the existing parking lot. There are no traffic issues anticipated.
Finding:
D.Adequate temporary parking to accommodate vehicular traffic to be generated by the
limited duration use would be available either on-site or at alternate locations acceptable
to the Zoning Administrator; and
Fact in Support of Finding:
1.The subject property has been occupied by a food service use with outdoor dining since
prior to 1975. The existing parking lot has historically accommodated the restaurant. The
existing parking lot is expected to accommodate the temporary use. There have been no
parking-related complaints or issues raised related to the outdoor dining area installed
under the previous emergency permit.
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. Permitted uses include
those permitted in the CV Zoning designation, which includes eating and drinking
establishments through obtaining of a use permit. The expanded outdoor dining use is
accessory to the existing food service use, will be utilized for a limited duration on-site, and
will not impede use of the site consistent with the 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, 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
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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
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 Balboa Peninsula.
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 or public access way. The
temporary patio is located on a site with an existing restaurant, complies with all applicable
Local Coastal Program (LCP) development standards, and maintains an area consistent
with the existing pattern of development on the Balboa Peninsula. Additionally, the project
does not contain any unique features that could degrade the visual quality of the coastal
zone.
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2. The Property is located in the coastal zone and the 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 public walkway are
minor detached structures. The location of these improvements does not pose a conflict
to coastal resources, coastal access, or other adverse environmental effects.
3. Improvements are complementary to the area; the subject restaurant and other
restaurants on the Balboa Peninsula have similar outdoor dining improvements.
4. The dining area barrier is not installed within any existing walkway. The barrier
delineates the area dedicated for outdoor dining use and alcohol service from the public
walkway. There are no existing City utilities within the expanded outdoor dining area.
5. Development authorized by this permit is not located in any environmentally sensitive
habitat area (ESHA) and public access to the coast will not be blocked. Coastal access
is increased by allowing commercial establishments to re-open allowing public to visit
coastal areas and provides an added amenity for visitors. The proposed operation does
not contain ESHA, wetlands, or sandy beach area;
6. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The subject property is not located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone. The property is located
approximately 1,000 feet from a public beach and approximately 200 feet from the harbor
and is not located near a public viewpoint designated by the Coastal Land Use Plan.
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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. XP2021-036 and Coastal Development Permit No. CD2021-071 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 10TH DAY OF FEBRUARY, 2022.
_____________________________
Jaime Murillo, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1.The development shall be in substantial conformance with the approved site plan, 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 and Coastal Development Permit shall be
effective for one (1) year starting from the effective date, 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 1,000 square feet.
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
9 p.m., daily.
5.There shall be no use of amplified sound and/or live entertainment in the expanded dining
area.
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 Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
8.The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be
prohibited.
9.The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
10.The permittee shall provide adequate trash receptacles within the permitted patio 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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11. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
approval.
14. This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
15. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Limited Term Permit and Coastal
Development Permit.
16. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including without limitation, attorney’s fees, disbursements and
court costs) of every kind and nature whatsoever which may arise from or in any manner
relate (directly or indirectly) to City’s approval of this Limited Term Permit No. XP2021-
036 and Coastal Development Permit No. CD2021-071 (PA2021-273) for Avila’s El
Ranchito. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether incurred
by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The applicant
shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
Building Division
17. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a. A minimum 4-foot-wide accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite parking is
provided.
d. At least one (1) accessible seating area shall be provided.
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e. Detectable warnings are required when pedestrian paths cross or are adjacent to a
vehicular way where no physical barrier are provided to separate the two (2).
18. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
19. Canopies shall have a combined total area of 400 square feet or less.
Public Works Department
20. Substantial barriers (automobiles, K-rail, water-filled barrier, or other material acceptable
to Public Works) shall be provided between the seating area and drive aisle and adjacent
parking spaces. Substantial barriers shall not encroach into the required dimensions of
the drive aisle and parking spaces.
21. 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 poles and 15 feet of
space around all underground facilities, such as vault lids, manholes, vent pipes, pad-
mounted transformers, etc.
22. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
23. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
24. Expanded outdoor dining areas shall adhere to the SCE Clearance Decal examples.
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. 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.
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 3-foot clearance in all directions.
29. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
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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.
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Attachment No. ZA 2
Vicinity Map
16
VICINITY MAP
Limited Term Permit No. XP2021-036 and
Coastal Development Permit No. CD2021-071
(PA2021-273)
2800 Newport Boulevard
Subject Property
17
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
18
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: Avila’s El Ranchito (PA2020-077)
▪Emergency Temporary Use Permit No. UP2020-008
▪Emergency Coastal Development Permit No. CD2020-025
Site Location 2800 Newport Boulevard
Applicant Avila’s El Ranchito Newport
Property Owner Er Puerto Nuevo LLC
On June 3, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-008 and Emergency Coastal Development Permit No. CD2020-
025.This approval is based on the following findings and subject to the following conditions.
LAND USE AND ZONING
•General Plan Land Use Plan Category: CV (Visitor Serving Commercial)
•Zoning District: CV (Commercial Visitor-Serving)
•Coastal Land Use Plan Category: CV-A (Visitor Serving Commercial) – (0.0 -0.75
FAR)
•Coastal Zoning District: CV (Commercial Visitor-Serving)
I.BACKGROUND
On May 26, 2020, the City Council adopted Emergency Ordinance No. 2020-005 to allow
business to apply for and obtain emergency temporary use permits to memorialize modified
use operations under the COVID-19 local emergency. This Emergency Ordinance and
resulting approvals are intended to assist Newport Beach businesses Get Back to Business.
II.SUMMARY OF PROPOSED OPERATION
An emergency temporary use permit and emergency coastal development permit to allow a
take-out window adjacent to the sidewalk area and outdoor dining (approximately 4,200 sq.ft.)
within the existing on-site parking area.
III.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
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Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions
necessary to prevent or mitigate an emergency. The Class 1 exemption includes the
operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of use. The Class 3 exemption includes a
store, motel, office, restaurant, or similar structure not involving the use of significant
amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000
square feet in floor area in urbanized areas zoned for such use. The project includes a
4,200-square-foot outdoor dining patio area expansion and take-out window to an existing
restaurant and is within the parameters noted for these exemptions and will not have a
significant effect on the environment.
IV. 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 public for the following reasons:
1. The operation authorized by this Emergency Temporary Use Permit and Emergency
Coastal Development Permit is temporary, unless permanent retention of the
development is authorized through the issuance of a subsequent Use Permit or
Coastal Development Permit from the City.
2. The proposed operation has been reviewed by and is acceptable to the Building
Division, Fire and Life Safety Division, and the Public Works Department. Conditions
of Approval are included to help ensure this operation is not detrimental;
3. 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;
4. The proposed hours of operation do not extend beyond those currently permitted by
the existing Use Permit; The extended outdoor dining patio will close by 9:00 p.m.
5. The operation plan includes appropriate delineation of outdoor use spaces with
temporary physical barriers or markers;
6. The operation plan ensures safe circulation and queueing for all drivers and
pedestrians in the area;
7. The proposed take-out window encourages social distancing and allows customers
to receive food quickly through a window adjacent to Newport Boulevard.
8. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA);
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9. There is adequate parking available to serve the proposed operation because there
are two adjacent parking lots owned in common with 17 parking spaces to
accommodate restaurant customers; and
10. The proposed operation is necessary to help ensure social distancing requirements
are maintained and practiced to prevent further spread of COVID-19.
V. EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS
Pursuant to Section 21.52.025 (Emergency Coastal Development Permits) of the NBMC,
in the event of a verified emergency, the Community Development Director may authorize
temporary permits to proceed with remedial measures. This authorization is based on the
following facts:
1. An emergency exists that requires action more quickly than permitted by the
procedures for regular permits administered pursuant to the provisions of Chapter
21.50 (Permit Application Filing and Processing) of the NBMC. The situation meets
the definition of an emergency per NBMC Section 21.52.025 because the COVID-
19 pandemic is constantly evolving and endangers the community at large.
Immediate action is required to help flatten the curve and prevent further spread
of COVID-19;
2. Public comment on this action was not feasible in the interest of time;
3. As the development is temporary and will only be in place during the described
emergency, it is consistent with the requirements of the certified Land Use Plan
portion of the City’s Local Coastal Program;
4. The development proposed under the emergency permit is the least restrictive way
to allow existing permitted businesses to operate within the Coastal Zone
boundaries while addressing the emergency; and
5. The development is not located in an area in which the California Coastal
Commission retains direct permit review authority.
VI. CONDITIONS OF APPROVAL
1. Only that specifically described above is authorized, subject to the conditions set forth
below. Any additional changes require separate review and may necessitate
separate authorization from the Director. Improvements shall be in substantial
conformance with the site plan and floor plans 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 a discretionary permit regulating uses, nonconforming
uses, development standards, parking and permit procedures that would otherwise
regulate this use and development of private or public property for dining or retail
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operations are suspended, 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.If the proposed operation is using any portion of the public right-of-way, the Applicant
shall obtain and maintain liability insurance for not less than $1,000,000 per
occurrence and as specified by the City’s Risk Manager. All liability insurance
policies shall specifically include the City, the City Council, its employees, and agents
as additional insureds and shall be issued by an agent or representative of an
insurance company licensed to do business in the State of California, which has one
of the three highest or best ratings from the Alfred M. Best company. All insurance
policies shall contain an endorsement obligating the insurance company to furnish
the Community Development Director with at least thirty (30) days written notice in
advance of the cancellation of the policy.
4.The overall occupant load for the expanded patio area shall not exceed 85 persons.
5.The existing allowed hours of operation shall not be modified as part of this
Emergency Temporary Use Permit. The expanded outdoor dining patio shall close
by 9:00 p.m., daily.
6.The expanded temporary outdoor dining area shall not utilize amplified sound.
7.The applicant shall obtain separate authorization from the Department of Alcoholic
Beverages (ABC) for alcohol service in modified dining areas.
8.Alcohol sales, “to go” shall not be permitted from modified dining areas.
9.The two stalls accessed from the alley adjacent to the ADA parking space shall be
designated for “take-out parking” and shall provide signage designating these spaces
for this use.
BUILDING
10.Plans shall indicate seating tabulation with required quantities of accessible
seating and illustrate an accessible route to those seats.
11.An accessible parking space and its loading unloading aisle must remain
available. Minimum required is one van accessible stall per 25 parking spaces.
12.Two accessible route signs shall be installed to direct customers to use the path
to the public sidewalk at 2808/10 Newport Blvd.
13.Accessible routes and exterior exit egress paths to the street from the building
shall not be obstructed.
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14. An accessible path, minimum 48 inches wide, to all functional areas shall be
provided.
15. Access to restrooms shall be provided at all times.
16. All exiting paths shall be a minimum 36 inches free and clear.
FIRE
17. 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. Plans
shall show a 4-foot wide path from the building’s rear exit doors to the either the
alley or Newport Boulevard.
PUBLIC WORKS
18. Vehicle drive isles and entrances shall not be less than 24-feet wide.
19. Physical barriers (water barrels) are required when seating areas are adjacent to
a vehicular way.
20. A vehicle barrier consisting of water barrels shall be installed on either end of the
drive aisle of 2808/10 Newport Blvd with a minimum of a 48-inch clear accessible
path of travel opening. Water barrels shall be installed at the back of sidewalk
along Newport Boulevard.
21. Public walks and sidewalks shall be a minimum 48 inches clear.
22. Queuing locations shall be provided for any ‘to-go’ orders. A minimum width of 4-
feet shall be maintained for pedestrian traffic in the public right-of-way.
23. The Director shall have the authority to immediately modify or revoke this Emergency
Temporary Use Permit it is determined there has been a violation of any condition of
approval. Any revocation of this approval shall be deemed effective upon the posting
of a notice of revocation at the site of the business.
24. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed,
or 60 days from the date of authorization, whichever is sooner. The Director may
extend this approval for an additional 60 days for good cause.
25. 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.
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26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of the
Emergency Temporary Use Permit and Emergency Coastal Development Permit
for Avila’s El Ranchito including, but not limited to, the UP2020-008 and CD2020-
025. 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.
VII. APPEAL
The applicant/permittee may appeal this action to the City Manager within three (3) days
following the date the decision was rendered. The City Manager shall have the authority to
sustain, reverse or modify the decision of the Community Development Director and the City
Manager’s decision shall be final. For additional information on filing an appeal, contact the
Planning Division at 949-644-3200.
On behalf of Seimone Jurjis, Community Development Director
Senior Planner
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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.
Printed Name and Title
Signature Date
Attachments: CD 1 Filed Application
CD 2 Written Description
CD 3 Site Plan
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Attachment No. ZA 4
SCE Clearance Decals
26
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
DocuSign Envelope ID: 53A3A80E-D295-4689-B4AA-F73F5487BEC1
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DocuSign Envelope ID: 53A3A80E-D295-4689-B4AA-F73F5487BEC1
28
D54
DocuSign Envelope ID: 53A3A80E-D295-4689-B4AA-F73F5487BEC1
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Attachment No. ZA 5
Project Plans
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