HomeMy WebLinkAbout03_Le Zinque Bar Limited Term Permit and CDP_PA2021-295CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 10, 2022
Agenda Item No. 3
SUBJECT: Le Zinque Bar (PA2021-295)
Coastal Development Permit No. CD2021-076
Limited Term Permit No. XP2021-041
SITE LOCATION: 3446 Via Oporto
APPLICANT: Le Zinc Bar LLC
OWNER: DJM Arc Lido, LLC
PLANNER: Caitlyn Curley, Planning Technician
949-644-3235 or ccurley@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: MU-W2 (Mixed-use Water 2)
Zoning District: MU-W2 (Mixed-use Water)
Coastal Land Use Plan Category: MU-W (Mixed-Use Water Related)
Coastal Zoning District: MU-W2 (Mixed-Use Water)
PROJECT SUMMARY
A request for a limited term and a coastal development permit to allow a 471-square-foot
expanded dining area for a one-year term (March 10, 2022 through March 10, 2023). The
expanded dining area was previously authorized through Emergency Temporary Use
Permit No. UP2020-019 (PA2020-091) for Le Zinque Bar.
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. XP2021-041 and Coastal Development Permit No. CD2021-076 (Attachment No.
ZA 1).
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DISCUSSION
The applicant requests a limited term permit and coastal development permit for a
471-square-foot expanded dining area for a one-year term (March10, 2022 through
March 10, 2023) that was previously authorized through Emergency Temporary Use
Permit No. UP2020-019 (PA2020-091) for Le Zinque Bar.
All tables and chairs will be situated, such that the 6-foot-wide pedestrian easement
area on the boardwalk always remains clear. No covered or tented areas are
proposed over the expanded dining area. A condition of approval related to heaters
is incorporated as Condition of Approval No. 26 in the draft resolution (Attachment
No. ZA 1).
A public parking structure is located across Via Oporto at 3434 Via Lido, where
common parking for uses within Lido Marina Village are provided. The existing food
service use, Zinque, is located in a mixed-use area and proposes to operate all day
and into the evening hours when surrounding retail and office uses are typically not
operating. The parking structure has historically accommodated the mix of uses
found within Lido Marina Village and no parking or traffic issues are anticipated with
the continued use of the expanded dining area.
The property owner, DJM Arc Lido LLC, has applied for a conditional use permit
(PA2021-089) to modify and expand allowed food service uses on a permanent basis
within Lido Marina Village. This limited term permit would allow for some of these
food services to operate in the interim while parking data for the use permit is refined
and scheduled for Planning Commission review.
The City is also undergoing an analysis of parking rates including rates related to
food service and outdoor dining. An update on this analysis is expected to be
presented to the City Council in the late spring of 2022, and may inform a future
conditional use permit amendment for outdoor dining spaces.
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 800-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 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 located within the appeal area of the coastal zone; therefore, final action by the City
may be appealed to the California Coastal Commission. For additional information on filing
an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
MKN/cnc
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
4
RESOLUTION NO. ZA2022-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
LIMITED TERM PERMIT NO. XP2021-041 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-076 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 3446 VIA
OPORTO (PA2021-295)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Le Zinc Bar, LLC, with respect to property located at 3446 Via
Oporto, and legally described as Lot 1121 and Lot 1122 and a Portion of Lot 1123 Tract
907, requesting approval of a limited term permit and a coastal development permit.
2. The applicant proposes a 471-square-foot expanded dining area previously authorized
through Emergency Temporary Use Permit No. UP2020-019 (PA2020-091) for Le Zinque
Bar, for up to a one (1)-year term.
3. The subject property is designated Mixed-Use Water 2 (MU-W2) by the General Plan Land
Use Element and is located within the Mixed-Use Water (MU-W2) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed-Use Water Related (MU-W) and it is located within the Mixed-Use Water
(MU-W2) Coastal Zone District.
5. A public hearing was held on March 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
Sections 15301 and 15303 under Class 1 (Existing Facilities) and Class 3 (New
Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential
to have a significant effect on the environment.
2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
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
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such use. The proposed scope of work is a maximum 471-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 one-
year term while the City reconsiders its parking requirements related to food service uses.
The existing food service use is authorized through Conditional Use Permit No. UP2015-
042 and Operator License No. OL2015-008 (PA2015-178) and includes 2,546 square feet
of net public area.
2. The expanded dining area has not posed a hazard to the general welfare of persons
residing in the area since it was placed during the COVID-19 pandemic in 2020 through
an Emergency Temporary Use Permit. The operation of the expanded dining area is
limited to one (1) year beginning March 10, 2022, through March 10, 2023, 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 Lido Marina Village shopping area, have been
used at the subject property during similar hours in the past, and the use has not proven
detrimental. The permitted hours of operation for the interior of the restaurant are limited
from 6:30 a.m. to 12:00 midnight, Monday through Thursday, and 6:30 a.m. to 1:00 a.m.
Friday through Sunday. The permitted hours of operation for the existing outdoor dining
patio are limited from 6:30 a.m. through 12:00 midnight, daily. The expanded outdoor
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dining area would close by 10:00 p.m., Sunday through Thursday, and by 11:00 p.m.,
Friday and Saturday, consistent with the prior emergency temporary use permit.
4. The proposed dining area will not be covered and a condition of approval related to heaters
is incorporated as Condition of Approval No. 26.
5. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
6. 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.
7. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
8. The overall plan includes appropriate delineation of outdoor use spaces with a stanchion
and rope barrier.
9. The expanded dining area will not impede pedestrian access to the waterfront. Conditions
of approval require the expanded dining area to be located clear of the 6-foot lateral public
access easement along the waterfront and the 6-foot wide vertical access between the
buildings.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 0.29 acres in size and is a flat property adjacent to the
water. The existing food service use with outdoor dining has operated at 3446 Via Oporto
since its original approval in 2015. Based upon the site plan, there is adequate area to
accommodate the expanded dining area without impacting pedestrian circulation and
lateral/vertical coastal access.
2. The lot is bounded by Via Oporto to the east and Newport Harbor to the west. To the north
and south are adjacent mixed-use properties within the Lido Marina Village development.
An existing food service use with outdoor dining is located at this site, with adjacent office
use. The expanded outdoor dining use will not impede use and enjoyment of the properties
in the area and will instead add to the ambiance and quaint character of the Lido Marina
Village.
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3. The expanded dining area will not impede any parking spaces. No parking or traffic
circulation issues are anticipated.
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 subject lot is accessed from Via Oporto. A public parking structure is located across
Via Oporto at 3434 Via Lido, where common parking for uses within Lido Marina Village
are provided. The existing food service use, Le Zinque Bar, is located in a mixed-use area
and proposes to operate all day and into the evening hours when surrounding retail and
office uses are typically not operating. The parking structure has historically
accommodated the mix of uses found within Lido Marina Village and no parking or traffic
issues are anticipated with the continued use of the expanded dining area.
2. The property owner, DJM Arc Lido LLC, has applied for a conditional use permit to modify
and expand allowed food service uses on a permanent basis within Lido Marina Village.
This limited term permit would allow for some of these food services to operate in the
interim while parking data for the use permit is refined and scheduled for Planning
Commission review
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on-site or at alternate locations acceptable to the Zoning
Administrator; and
Facts in Support of Finding:
1. The existing food service use with outdoor dining has operated at the subject property
since 2015. The existing parking structure has historically accommodated the mix of uses
located within Lido Marina Village per Conditional Use Permit No. UP2017-019 (PA2017-
135). The existing parking structure at 3434 Via Lido is expected to accommodate the
parking demand related to the temporary use.
2. The expanded dining area will not impede pedestrian access to the waterfront.
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.
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Facts in Support of Finding:
1. The General Plan land use designation for this site is MU-W2 (Mixed-Use Water 2). The
MU-W2 designation is intended to provide for marine-related uses intermixed with
buildings that provide residential on the upper floors. Permitted uses include those
permitted in the CM (Recreational and Marine Commercial), CV (Visitor Serving
Commercial), and MU-V (Mixed Use Vertical) designations. Free-standing residential
shall not be permitted. Food service uses are consistent with nonresidential uses and are
conditionally permitted in mixed-use zoning districts. The expanded outdoor dining use is
accessory to the existing food service use with outdoor dining, will be utilized for a limited
duration on-site, and will not impede use of the site consistent with the MU-W2 designation.
2. The site is located in the Mixed-Use Water (MU-W2) Zoning District. The MU-W2
designation applies to waterfront properties in which marine-related uses may be
intermixed with general commercial, visitor-serving commercial, and residential dwelling
units on the upper floors. The expanded outdoor dining use is accessory to the existing
food service use with outdoor dining, will be utilized for a limited duration on-site, and will
not impede use of the site consistent with the MU-W2 designation. The MU-W2 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 MU-W2 Zoning District of
Lido Marina Village in that it provides amenities that support visitors to the area and
provides a social gathering place for those who live and work in the neighborhood,
consistent with General Plan Land Use Element Goal LU 2, below. Additional benefits
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
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
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
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proposed limited term permit would support a local business and its economic prosperity
while maintaining the unique character of the Lido Village community.
5. The site is not located within a specific plan area.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is John Wayne Park and the site is only slightly visible as a small portion of a
larger panoramic perspective from this vantage point. West Coast Highway is the nearest
coastal view road and the project site is located across Newport Bay. However, the
expanded outdoor dining area complies with all applicable Local Coastal Program (LCP)
development standards and maintains an area consistent with the existing pattern of
development in Lido Marina Village. Additionally, the project does not contain any unique
features that could degrade the visual quality of the coastal zone. Instead, the expanded
dining area adds to the visual interest and pedestrian-friendly atmosphere of the area.
2. The Property is located in the coastal zone and the proposed improvements require a
coastal development permit in accordance with Newport Beach Municipal Code (NBMC)
Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements are between the sea and the first public road and
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 adjacent
neighbors have similar outdoor dining improvements within the walkways of Lido Marina
Village.
4. The dining area stanchion and rope barrier is installed within the 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 dining area.
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5. Development authorized by this permit is not located in any environmentally sensitive
habitat area and public access to the coast will not be blocked. Coastal access is
increased by allowing commercial establishments to allow the public to visit coastal
areas and provides an added amenity for visitors. The proposed operation does not
contain environmentally sensitive habitat area (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 project site is located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
bet
case, lateral and vertical coastal access is provided via an existing 6-foot wide pedestrian
easement along the waterfront and between the buildings. Furthermore, the project is
designed and sited (appropriate height, setbacks, etc.) so as not to block or impede
existing public access opportunities.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approved Limited Term
Permit No. XP2021-041 and Coastal Development Permit No. CD2021-076, subject to the
conditions set forth in Exhibit A, which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 21 Local Coastal
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
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13111 through
13120, and Section 30603 of the Coastal Act.
PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF MARCH, 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 and Coastal Development Permit shall be
effective from March 10, 2022, to March 10, 2023, 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 471 square feet in area.
4. The 6-foot-wide lateral and vertical pedestrian easements at the boardwalk area shall
always remain free and clear of any obstructions.
5. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
10:00 p.m., Sunday through Thursday, and 11:00 p.m., Friday and Saturday.
6. There shall be no use of amplified sound.
7. The applicant shall install and maintain a physical (stanchion and rope) barrier between
any area used and adjacent common pedestrian walkways in accordance with the
requirements of the State Department of Alcoholic Beverage Control.
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.
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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.
12. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
13. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14. 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.
15. 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.
16. 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.
17. 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,
court costs) of every kind and nature whatsoever which may arise from or in any manner
r Limited Term Permit No. XP2021-
041 and Coastal Development Permit No. CD2021-076 (PA2021-295) for Le Zinque
Bar. 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
18. 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.
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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).
19. 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
20. Parking, displays, seating, or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
21. 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.
22. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three (3)-foot clearance in all directions.
23. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
24. 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.
25. No tent or canopy shall be utilized as part of this limited term permit and coastal
development permit.
26. Heat lamps or other heating elements shall comply with the following requirements in
accordance with code section 3107.12 of the California Fire Code:
a. Propane and other fuel-based heating elements (including but not limited to
flammable/combustible gas, liquid, or solid materials) shall not be used within tents
or canopies.
b. Electric heaters must be ul listed for use within tents and/or canopies.
c. Propane and other fuel-based heating devices with blowers may be permitted, with
the heating element located a minimum of 10 feet from the edge of the tent or
canopy.
d. All heating equipment installations shall be approved for the fire code official.
Public Works Department
27. There shall be a minimum of 5 feet of space around all overhead facilities, such as poles,
and 15 feet of space around all underground facilities, such as vault lids, manholes, vent
pipes, pad-mounted transformers, etc.
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28. Seating or structures below overhe
prohibited.
29. Public eating/dining at tables shall not be situated on top of energized vault lids, energized
underground structures, or next to vent pipes, etc.
30. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided in Attachment No. ZA 4.
16
Attachment No. ZA 2
Vicinity Map
17
VICINITY MAP
Limited Term Permit No. XP2021-041 and
Coastal Development Permit No. CD2021-076
(PA2021-295)
3446 Via Oporto
Subject Property
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Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
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COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: Zinqué ETUP and ECDP (PA2020-091)
Emergency Temporary Use Permit No. UP2020-019
Emergency Coastal Development Permit No. CD2020-035
Site Location 3446 Via Oporto
Applicant Le Zinq Bar, LLC
Property Owner DJM Capital Partners
On June 3, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-019 and Emergency Coastal Development Permit No. CD2020-
035. This approval is based on the following findings and subject to the following conditions.
I. SUMMARY OF PROPOSED OPERATION
An emergency temporary use permit and emergency coastal development permit to allow
an additional outdoor dining patio (approximately 728 square feet, 10 tables, 26 seats)
within the sidewalk area along Via Lido.
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
square feet in floor area in urbanized areas zoned for such use. The project includes a 728-
square-foot outdoor dining patio area expansion to an existing restaurant and is within the
parameters noted for these exemptions and will not have a significant effect on the
environment.
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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 and Emergency
Coastal Development Permit is temporary and only valid during the emergency order
established by Emergency Ordinance No. 2020-005.
2. The project, site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19.
3. 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;
4. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
5. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
6. The overall plan includes appropriate delineation of outdoor use spaces with
temporary physical barriers or markers.
7. The operation plan ensures safe circulation and queueing for all and pedestrians in
the area;
8. The proposed operation does not extend any hours of operation beyond those
currently permitted by Conditional Use Permit No. UP2015-042
9. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
10. This Emergency Temporary Use Permit and Emergency Coastal Development
Permit does not extend the allowed hours and days of operation beyond those
currently permitted by any applicable City- or County-issued discretionary permit.
11. The proposed operation is necessary to provide adequate space to allow for
appropriate social distancing to prevent further spread of COVID-19. The proposed
site plan or use diagram provides adequate areas for patrons to practice social
distancing to reduce the likelihood of spreading COVID-19.
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EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS
1. The COVID-19 global pandemic has created a National, State and Local
emergency that is more fully described in Emergency Ordinance No. 2020-005.
The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal
Code (NBMC) Section 21.52.025 because immediate action is necessary to allow
commercial business and institutional uses to re-open consistent with State and
local public health guidelines designed to reduce the spread of COVID-19. If
immediate action is not taken to properly regulate the re-opening of commercial
business and institutional uses, the spread of COVID-19 will likely be more severe
thereby exacerbating the existing public health emergency.
2. Development authorized is temporary and will only be in place during the described
emergency consistent with Emergency Ordinance No. 2020-005. All development
authorized by this permit must be removed after the state of emergency is lifted.
3. Development authorized by this permit is not located in any environmentally
sensitive habitat area and public access to the coast will not be blocked. Coastal
access is increased by allowing commercial establishments to re-open allowing
public to once again visit the coastal areas.
4. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
5. Lateral pedestrian access is maintained along the boardwalk adjacent to Newport
Harbor and access to coastal resources are not restricted.
IV. 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. The expanded outdoor dining patio shall be
in substantial conformance with the floor plan 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 the these provisions or restrictions set forth in a
discretionary permit conflict with the terms of this Emergency Temporary Use Permit.
3. The existing allowed hours of operation of the establishment shall not be extended.
The hours of hours of operation of the area modified as part of this Emergency
Temporary Use Permit shall close by 12:00 midnight, consistent with the conditions
of approval for outdoor dining authorized by Conditional Use Permit No. UP2015-
042.
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4. The extended outdoor dining patio shall not have amplified sound.
5.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.
6. The extended outdoor dining patio shall be limited to 728 square feet, 10 tables, and
26 seats.
7. A minimum 6-foot wide pedestrian walkway shall be maintained for coastal access
along the boardwalk from the railing to the face of the extended patio barriers.
8. The applicant shall install and maintain a stanchion post and rope barrier between
the extended outdoor dining patio and common pedestrian walkways.
9. 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.
10. The sale of alcohol to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
11. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
12. 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.
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 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. 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.
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15. Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide, and 19 inches deep.
16. The tops of dining surfaces and work surfaces shall be 28-inches to 34-inches
above the finish floor.
17. 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 for accessibility.
Fire
18. 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.
19. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
20. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
21. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
22. 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.
23. 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
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 expiration of this authorization, 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.
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,
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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/Coastal Development Permit. 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.
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.
Senior Planner
Attachments: CD 1 Filed Application
CD 2 Written Project Description
CD 3 Site Plan Diagram
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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.
Insert applicant name and title
Signature Date
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Attachment No. ZA 4
SCE Clearance Decals
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SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
5728
5829
D545930
Attachment No. ZA 5
Project Plans
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