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HomeMy WebLinkAboutPA2023-0030_20230316_Extension of Time Letter COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov ZONING ADMINISTRATOR ACTION LETTER Subject: Lido Hotel Temporary Tent Extension of Time (PA2023-0030) Lido House Temporary Tent (PA2021-267)  Limited Term Permit No. XP2021-035 Site Location 3300 Newport Blvd Applicant R.D. Olson Development Legal Description A portion of Lot 6 & 7, Section 28, Township 6 South, Range 10 West, San Bernardino Meridian together with a portion of Lot 1 in Block “A” and “The Hudson” of Map “Lancaster’s Addition to Newport Beach” and a portion of Lot 3, Tract 1117. On March 16, 2022, the Zoning Administrator approved a limited term permit to allow one 1,656-square-foot temporary tent structure at the rooftop deck venue area (Topside) at the Lido House Hotel for up to a one-year term set to expire on March 31, 2023. This extension will allow the limited term permit to expire on March 31, 2024. There have been no changes to the conditions or circumstances of the project from the time of the original approval. The rooftop tent structure is intended to be in place for no more than 4 consecutive months to provide protection from light rain and wind for a limited period during the colder weather months and has been operating without any issues or complaints from the public. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311 under Class 11 (Accessory 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 11 exemption exempts the placement of seasonal or temporary use of items such as lifeguard towers, mobile food units, portable restrooms, or similar items. The proposed temporary tent structure will be placed on the existing roof deck of the Lido House Hotel for a temporary time period (four [4] cumulative months over a one [1]-year term) and will be ancillary to an existing hotel use. The proposed structure will partially enclose an existing outdoor event space and it will not intensify the overall hotel use authorized. Lido House Temporary Tent Extension of Time (PA2023-0030) March 16, 2023 Page 2 Tmplt: 07/25/19 Pursuant to Section 20.52.040(J) (Extension of Limited Term Permit) of the Newport Beach Municipal Code (NBMC), this is the first term of extension for the temporary rooftop tent covering approvals. Once the approval expires on March 31, 2024, the temporary improvements shall be immediately removed, and the area restored to its original condition. Should the applicant wish to pursue permanent approval of the outdoor rooftop area, the applicant shall amend the existing Use Permit for the hotel with the understanding that additional, more permanent, improvements to the rooftop area may be required as part of the approval. Furthermore, use permits are discretionary approvals that are not guaranteed. For questions on this action, please contact Chelsea Crager, Senior Planner, at 949-644-3227 or ccrager@newportbeachca.gov. Approved by: Attachments: ZA 1 Vicinity Map ZA 2 Resolution No.ZA2022-001 Attachment No. ZA 1 Vicinity Map Tmplt: 07/25/19 VICINITY MAP Extension of Time (PA2023-0030) 3300 Newport Boulevard Subject Property Tmplt: 07/25/19 Attachment No. ZA 2 ZA Resolution ZA2022-001 RESOLUTION NO. ZA2022-001 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING LIMITED TERM PERMIT NO. XP2021-035 TO ALLOW A TEMPORARY ROOFTOP TENT LOCATED AT 3300 NEWPORT BOULEVARD (PA2021-267) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Anthony Wrzosek of R.D. Olson Development (Applicant), with respect to property located at 3300 Newport Boulevard, requesting approval of a limited term permit. 2. A request for a limited term permit to allow one (1) 1,656-square-foot temporary tent structure at the rooftop deck venue area (Topside) at the Lido House Hotel for up to four (4) cumulative months over a one (1)-year term. The tent structure is intended to provide protection from light rain and wind for a limited period within the colder weather months. 3. The subject property is designated CV-LV (Visitor Serving Commervial - Lido Village) by the General Plan Land Use Element and is located within the CV-LV (Commercial Visitor- Serving – Lido Village) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is CV-LV (Visitor Serving Commercial - Lido Village) and it is located within the CV-LV (Commercial Visitor-Serving – Lido Village) Coastal Zoning district. 5. A public hearing was held on January 13, 2022, online via Zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15311 under Class 11 (Accessory 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 11 exemption exempts the placement of seasonal or temporary use of items such as lifeguard towers, mobile food units, portable restrooms, or similar items. The proposed temporary tent structure will be placed on the existing roof deck of the Lido House Hotel for a temporary time period (four [4] cumulative months over a one [1]-year term) and will be ancillary to an existing hotel use. The proposed structure will partially Zoning Administrator Resolution No. ZA2022-001 Page 2 of 8 09-30-21 enclose an existing outdoor event space and it will not intensify the overall hotel use authorized. 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 one (1) temporary tent structure to provide weather protection to the rooftop deck as conditioned. The tent structure will comply with all conditions of approval from the Building Division and Fire Department, including no fire appliances operable when the tent is present and no heating devices within the tent area. Application of Building Code standards will ensure proper emergency exiting. The tent structure will require a building permit and it must meet applicable structural requirements. 2. The placement of the tent structure is limited to four (4) cumulative months during a one (1)-year term, and it is made of a clear material to reduce the visual conflicts with surrounding residents and businesses. Additionally, the height of the tent structure is approximately 20 feet above the existing rooftop venue area, and it will be below the roofline of the existing hotel. 3. The temporary tent structure will provide weather protection only to the existing rooftop deck and will not alter any operational characteristics of the rooftop use (Topside) or the hotel. The rooftop venue has been in operation since April 2018 and the use has not proven to be detrimental. 4. The location of the temporary tent structure at the existing rooftop deck will not displace any use or activities existing at the hotel. 5. Based upon the provided plans, there is adequate area on the roof deck to accommodate the tent structure. There will be no change to the site plan or existing uses at the hotel and there will therefore be no impact to vehicle circulation. Zoning Administrator Resolution No. ZA2022-001 Page 3 of 8 09-30-21 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 3.78 acres in size. The tent structure will be located on the rooftop deck venue at the Lido House Hotel for a limited duration (four [4] cumulative months over a one [1]-year term) and it will not conflict with any landscape or parking/circulation areas. Based upon the provided plans, there is adequate area on the roof deck to accommodate the tent structure. 2. The lot is bounded by Newport Boulevard to the west, Via Oporto to the east, 32nd Street to the south, and the Via Lido Plaza shopping center to the north. The lot is separated from nearby mixed-use properties (Mixed-Use Cannery Village and 15th Street Zoning District) by 32nd Street, and Via Oporto separates the lot from residential properties (Planned Community No. PC59, Lido Villas Zoning District). All other immediately surrounding uses are commercial. The proposed temporary tent will not contribute to increased noise levels. 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 primarily takes access from Finley Avenue. The temporary tent structure will be located on the existing roof deck and will have no impact to vehicular or pedestrian access to the lot. No traffic or site circulation issues are anticipated. 2. The tent structure will be located on the existing roof deck with the purpose of providing weather protection to the existing rooftop venue. There is no change in the operational characteristics or allowed occupancy of the rooftop venue or the hotel proposed. The tent structure therefore will not generate additional traffic or impede access to parking or loading areas. Finding: D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on-site or at alternate locations acceptable to the Zoning Administrator; and Zoning Administrator Resolution No. ZA2022-001 Page 4 of 8 09-30-21 Fact in Support of Finding: 1. The tent structure will be located on the existing roof deck with the purpose of providing weather protection to the existing rooftop venue. There is no change in the operational characteristics of the rooftop venue or the hotel proposed. The tent structure therefore will not generate additional traffic or require additional parking. 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 Visitor-Serving Commercial – Lido Village (CV-LV). The CV-LV designation is intended to allow for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach. The proposed structure is accessory to the existing hotel and rooftop venue use, will be utilized for a limited duration onsite, and will not impede the use of the site consistent with the CV-LV designation. The temporary tent structure does not change the characteristics of the existing rooftop venue or hotel uses. The weather protection provided by the tent structure will allow the rooftop venue to be utilized during colder winter months. 2. The site is located in the Commercial Visitor-Serving – Lido Village (CV-LV) Zoning District. The CV-LV designation is intended to provide a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach and a fire station. The proposed use is ancillary to the existing retail use, will be utilized for a limited duration onsite, and will not impede use of the site consistent with the CV-LV designation. The proposed structure is accessory to the existing hotel and rooftop venue use, will be utilized for a limited duration onsite, and will not impede the use of the site consistent with the CV-LV designation. The temporary tent structure does not change the characteristics of the existing rooftop venue or hotel uses. The weather protection provided by the tent structure will allow the rooftop venue to be utilized during colder winter months. 3. The site is not located within a specific plan area. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act pursuant to Section 15311 under Class 11 (Accessory Structures) of the CEQA Guidelines, California Code Zoning Administrator Resolution No. ZA2022-001 Page 5 of 8 09-30-21 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. XP2021-035 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 of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF JANUARY, 2022. Zoning Administrator Resolution No. ZA2022-001 Page 6 of 8 09-30-21 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. The development shall be in substantial conformance with the approved plans except as noted in the following conditions. 2. Anything not specifically approved by this limited term permit is prohibited and must be addressed by a separate and subsequent review. 3. The conditions of approval of Site Development Review No. SD2016-005 and Use Permit No. UP2016-015 (PA2016-061) shall remain in effect. The applicant shall comply with all applicable conditions of approval. 4. The tent structure shall be located within the existing roof deck as shown on provided plans. 5. The 1,656-square-foot temporary tent structure is permitted onsite for four (4) cumulative months during the time period of April 1, 2022 through March 31, 2023. A tent structure on the rooftop deck any time other than the dates specified is prohibited, unless an extension is granted by the Zoning Administrator in accordance with NBMC 20.54.060 for an additional 4 (cumulative) months for the time period between April 1, 2023 through March 31, 2024. 6. Notwithstanding the provisions of Condition No. 5, the applicant shall be allowed an opportunity to temporarily construct the tent as a mock up for testing purposes only. The testing/mock up may be allowed for a period of up to three (3) weeks. No customer use of the tent shall be permitted during the mock up test period. 7. The applicant shall provide a 24-hour contact number for emergencies, complaints, or concerns to Code Enforcement and interested parties upon request during the time period the tent structure is authorized. 8. Tenant shall provide certificates of insurance, per terms of lease with the City of Newport Beach, prior to construction. 9. Tenant shall provide construction bonds, per terms of lease with the City of Newport Beach, prior to construction. 10. The Limited Term Permit is for the placement of one (1) temporary tent structure onsite for the dates specified and does not authorize the placement of additional tents onsite. Zoning Administrator Resolution No. ZA2022-001 Page 7 of 8 09-30-21 11. Should the temporary tent structure become a detriment to the public health, comfort, convenience, safety, and general welfare of the peace and quiet of the neighboring properties and their inhabitants, this permit may be revoked. 12. 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 Lido House Temporary Tent Structure including, but not limited to, Limited Term Permit No. XP2021-035 (PA2021-267). 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 13. Engineering design and plans are required for tent stability and anchorage. 14. Open flame not permitted under tent. List of appliances required for enclosed tent. 15. Building permit is required to ensure compliance with required life-safety/exiting. 16. The tent shall comply with California Building Code (CBC) 3102 and 3103. Fire Department 17. Fire appliances shall not be allowed to be operable when the tent is present. Thus, the gas, which supplies the fire appliances, shall be turned off when the tent is erected. The gas line shall be restricted with a Knox lock so that it cannot be turned back on. The Knox lock shall be placed and removed while the Fire Department is present. California Code of Regulations (CCR), Title 19, Division I, §321 Abatement of Fire or Panic Hazards and California Fire Code (CFC) Section 3104.7 applies. 18. Heating devices will not be allowed within the tent area. Blowers may be utilized to heat the interior of the tent area. CCR, Title 19, Division I, §321 Abatement of Fire or Panic Hazards applies. 19. An “F” Permit (plan check permit) and a “Tent Permit” (permit required by CFC) will be required from the Fire Department for the tent. Plans shall be submitted and approved by the Fire Department for the tent prior to installation. Upon plan approval, an “F” permit Zoning Administrator Resolution No. ZA2022-001 Page 8 of 8 09-30-21 will be issued by the City. After a fire inspection is conducted of the tent, a Fire Tent Permit will be issued. CFC Section 3103.2 applies. 20. Tents and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather and prevent against collapsing. Documentation of structural stability shall be furnished upon plan approval. CFC Section 3103.9 applies. 21. All tent fabrics and all interior decorative fabrics or materials shall be flame resistant in accordance with appropriate standards set forth in California Code of Regulations, Title 19, Division I, Chapter 8. Tent tops and sidewalls shall be made either from fabric, which has been flame resistant treated with an approved exterior chemical process by an approved application concern, or from inherently flame-resistant, fabric approved and listed by the State Fire Marshal. CCR, Title 19 Division I, §332.(a) Flame Resistance. 22. Before a permit is granted, the owner or agent shall file with the fire code official a certificate executed by an approved testing laboratory certifying that the tents and their appurtenances; sidewalls, drops and tarpaulins, floor coverings, combustible decorative materials and effects, are flame resistant in accordance with the provisions set forth in CCR, Title 19 Division I Chapter 8. CFC Section 3104.2. 23. All tents manufactured for sale in California shall be labeled in accordance with the appropriate provisions of California Code of Regulations, Title 19, Division I, Section 335. CCR, Title 19 Division I, §334 Requirements Pertaining to All Tents. 24. Each section of top and sidewall in large tents shall have a durable label, permanently affixed and comply with CCR Title 19 Division I, §335.(a) and (b) Labeling of Tents. 25. “No Smoking” signs shall be required and provided as per CFC Section 3104.6. 26. Open or exposed flame is not allowed within the tent. 27. Portable fire extinguishers are required as per CFC Section 3104.12. 28. Exit signs, exit sign illumination, and means of egress illumination shall comply as per CFC Section 3103.12.6 & 3103.12.6.1 & 3103.12.70. 29. The required width of exits, aisles and passageways shall be maintained at all times to a public way. Guy wires, guy ropes and other support members shall not cross a means of egress at a height of less than 8 feet. The surface of means of egress shall be maintained in an approved manner. CFC Section 3103.12.8. 30. Notwithstanding any extensions of amendments to this limited term permit, the proposed tent is limited to 180 days (6 months) during a calendar year.