HomeMy WebLinkAbout03_Baja Sharkeez Limited Term Permit and Coastal Development Permit_PA2023-0247CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
March 28, 2024
Agenda Item No. 3
SUBJECT: Baja Sharkeez (PA2023-0247)
Limited Term Permit and Coastal Development Permit
SITE LOCATION: 110 and 114 Mc Fadden Place
APPLICANT: Baja Sharkeez
OWNER: Michael Fazzi
PLANNER: Daniel Kopshever, Assistant Planner
949-644-3235 dkopshever@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category: Mixed-Use Water 2 (MU-W2)
Zoning District: Mixed-Use Water (MU-W2)
Coastal Land Use Plan Category: Mixed-Use Water Related (MU-W)
Coastal Zoning District: Mixed-Use Water (MU-W2)
PROJECT SUMMARY
A request for a limited term and coastal development permit to maintain an existing 765-
square-foot maximum temporary outdoor dining area for up to one-year (January 1, 2024
through December 31, 2024). An expanded dining area was previously authorized through
Emergency Temporary Use Permit No. UP2020-155 (PA2020-269).
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) 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
and Coastal Development Permit No. PA2023-0247 a(Attachment No. ZA 1).
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Baja Sharkeez (PA2023-0247)
Zoning Administrator, March 28, 2024
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DISCUSSION
An application was filed by Baja Sharkeez with respect to property located at 110
and 114 Mc Fadden Place requesting approval of a limited term permit and a coastal
development permit to maintain an existing 765-square-foot maximum temporary
outdoor dining area for up to one-year (January 1, 2024 through December 31,
2024).
On June 5th, 2020, the Community Development Director approved Emergency
Temporary Use Permit No. UP2020-017 (PA2020-088) to allow a temporary outdoor
dining area within the rear parking lot of the Baja Sharkeez restaurant. The patio was
approximately 2,400 square feet and was authorized for a term of 60 days or 14 days
after the expiration of Emergency Ordinance No. 2020-005, whichever comes first.
A public hearing was held on December 16th, 2021, online via Zoom. At the close of
the public hearing, the Zoning Administrator authorized a Limited Term Permit and
Coastal Development Permit for a reduced temporary outdoor dining area of
approximately 900 square feet. The temporary outdoor dining patio occupied
approximately half of the rear parking lot and was authorized from January 1, 2022
to December 31, 2022
The expanded patio area is located in the parking lot at the rear of the subject
building. The patio has been significantly reduced in scale from the patio that was
authorized under ETUP No. UP2020-155, from approximately 2,400 square feet to
900 square feet.
Under the ETUP No. UP2020-155 approval, only the accessible stall (one parking
space) was maintained as available for parking. Under the proposed project, the
expanded dining area will occupy five standard parking spaces and the existing
striped accessible space will remain in its approved location. The project will provide
access to five parking stalls. To date, no complaints regarding the availability of
parking have been received.
The expanded patio area would be required to close at 9:00 p.m. on weekdays
(Sunday to Thursday) and 10:00 p.m. on weekends (Friday and Saturday) which
would reduce potential impacts related to nighttime noise emanating from the patio
area.
The expanded dining area will not impede pedestrian coastal access since the
proposed patio would be located entirely within private property and is not directly
adjacent to the water or beach. Access to the beach is provided in front of the
restaurant along the Mc Fadden Place sidewalk.
ENVIRONMENTAL REVIEW
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Baja Sharkeez (PA2023-0247)
Zoning Administrator, March 28, 2024
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This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) 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
proposed project includes the maintenance of an existing 765-square-foot temporary
outdoor dining patio at an existing restaurant for a up to a one-year term and qualifies under
the parameters of the Class 1 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 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:
LAW/djk
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 Temporary Use Permit PA2021-201
ZA 5 SCE Clearance Decals
ZA 6 Project Plans
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2024-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, APPROVING LIMITED TERM
PERMIT AND COASTAL DEVELOPMENT PERMIT NO. PA2023-
0247 TO ALLOW AN EXPANDED OUTDOOR DINING AREA
LOCATED AT 110 AND 114 MCFADDEN PLACE
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Baja Sharkeez with respect to property located at 110 and 114
Mc Fadden Place, and legally described as Parcel 1 of Resubdivision No. 493 requesting
approval of a limited term permit and a coastal development permit.
2. On June 5
th, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-017 (PA2020-088) to allow a temporary outdoor dining area within
the rear parking lot of the Baja Sharkeez restaurant. The patio was approximately 2,400
square feet and was authorized for a term of 60 days or 14 days after the expiration of
Emergency Ordinance No. 2020-005, whichever comes first.
3. A public hearing was held on December 16
th, 2021, online via Zoom. At the close of the
public hearing, the Zoning Administrator authorized a Limited Term Permit and Coastal
Development Permit for a reduced temporary outdoor dining area of approximately 900
square feet. The temporary outdoor dining patio occupied approximately half of the rear
parking lot and was authorized from January 1, 2022 to December 31, 2022.
4. The applicant requests a limited term and coastal development permit to maintain an
existing 765-square-foot maximum temporary outdoor dining area for up to one (1)-year
(January 1, 2024 through December 31, 2024).
5. 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.
6. 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 Zoning district.
7. A public hearing was held on March 28, 2024, 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.
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1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) 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
proposed scope of work is to maintain an existing approximately 765-square-foot
expanded outdoor dining patio at an existing restaurant for up to a one (1)-year limited
term and qualifies under the parameters of the Class 1 exemption.
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. The existing food service use is authorized through Use Permit No.
UP2017-034 (PA2017-255) and includes approximately 1,813 square feet of net public
area plus a 203-square-foot outdoor dining patio at the front of the restaurant.
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 a one (1)-year term beginning January 1, 2024, through December 31, 2024, and
has been reviewed and conditioned to preclude any detriment to the general welfare of the
area.
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3. Outdoor dining areas are common on the Newport Peninsula and Mc Fadden Square and
have been used at the subject property during similar hours in the past. The existing patio
use has not proven detrimental. Generally, the existing hours of operation for the restaurant
are 9:00 a.m. through 1:30 a.m., daily (a portion of the space closes at 11:00 p.m.). The
expanded outdoor dining area would close by 9:00 p.m., Monday through Thursday, and
by 10:00 p.m., Friday through Sunday, as required by Condition of Approval No. 4.
Therefore, no late hours are proposed for the expanded outdoor patio.
4. A condition of approval related to heaters is incorporated as Condition of Approval No. 33.
If the proposed dining area is revised to include a tent or cover, the applicant must comply
with the fire requirements outlined in Condition of Approval No. 34.
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 project plans include appropriate delineation of outdoor use spaces with physical
barriers or markers.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 0.18 acre in size and is relatively flat. The existing space
has operated as a food service use at this location since the 1970s. Based upon the site
plan, there is adequate area to accommodate the expanded dining area without impacting
pedestrian circulation and coastal access.
2. The lot is bounded by Mc Fadden Place to the northwest with the Mc Fadden Square
parking lot and restaurants located across the street. To the south and southeast are
residentially zoned properties. Many existing food service uses with outdoor dining and
retail tenants are located throughout the Mc Fadden Square area. 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 vibrant character of Mc Fadden Square.
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3. The expanded patio area is located in the parking lot at the rear of the subject building. The
patio has been significantly reduced in scale from the patio that was authorized under ETUP
No. UP2020-155, from approximately 2,400 square feet to 765 square feet. Under the
ETUP No. UP2020-155 approval, only the accessible stall (one [1] parking space) was
maintained as available for parking. Under the proposed project, the expanded dining area
will occupy five (5) standard parking spaces and the existing striped accessible space will
remain in its approved location. The project will provide access to five (5) parking stalls.
4. In order to reduce the number of vehicles driving or maneuvering near the patio, one lane
of parking has been allocated to the patio with the available parking area located across the
drive aisle separate from the patio. The Public Works Department has reviewed the design
and determined it is acceptable on a limited term basis (one year). Based on the proposed
configuration, no traffic or site circulation issues are anticipated.
5. The location of the patio has been pulled back from the property line and the five (5) parking
spaces would provide an additional buffer from the patio to the residential uses. The City
has not received any complaints regarding the location or use of this patio.
6. The expanded patio area would be required to close at 9:00 p.m. on weekdays (Sunday to
Thursday) and 10:00 p.m. on weekends (Friday and Saturday) which would reduce
potential impacts related to nighttime noise emanating from the patio area.
7. The proposed parking configuration allows for access to the accessible stall and the
adjacent alley, street, and sidewalk without impediment.
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 West Balboa Boulevard and Mc Fadden Place. A surface
parking area is provided on-site with 10 parking spaces. The expanded dining area will
occupy no more than five (5) standard parking spaces (one row of parking stalls). The
existing food service use, Baja Sharkeez, is located in a commercial plaza and proposes
to operate all day and into the evening hours with peak hours when other retail and office
uses near the property are typically not operating. Sufficient parking is provided on-site
and within the public parking lot and no traffic issues are anticipated with the continued use
of the expanded dining area.
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
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Facts in Support of Finding:
1. The existing food service use with outdoor dining (Baja Sharkeez) has operated at the
subject property since the 1990s, and the property has been used for food service uses
since the 1970s. The existing surface parking lot has historically served as the employee
parking supply with patrons parking in the public lot adjacent to the site or using alternative
methods of transportation (rideshare, bike, walking). The surface lot is expected to
adequately accommodate the temporary use for up to a one (1)-year term. The applicant
has continued to pay in-lieu parking fees to support the City’s public parking lot and would
continue to do so through the duration of the project.
2. The expanded dining area will not impede pedestrian access to the waterfront as there is
adequate access via the sidewalk along the front of the building.
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 MU-W2 (Mixed-Use Water 2) and
the Coastal Land Use Plan designation is MU-W (Mixed-Use Water Related). The MU-
W2/MU-W designations are intended to provide for 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.
Outdoor dining is a use that tends to foster additional pedestrian and visitor activity.
2. The site is located in the MU-W2 (Mixed Use Water) Zoning District and Coastal Zoning
District. The MU-W2 designation is intended to provide for waterfront locations in which
marine-related uses may be intermixed with buildings that provide residential on the upper
floors. The MU-2 zoning district allows food service uses and the expanded dining area is
a temporary use, authorized with a limited term permit.
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
Mc Fadden Square 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:
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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 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 coastal viewpoint as
identified in the Coastal Land Use Plan. The nearest coastal viewpoint is on the end of the
Newport Pier and not visible from the site due to distance and an intervening building that
obstructs views. The proposed patio area is located within the existing on-site parking lot
at the rear of the site. The outdoor dining patio improves the aesthetics of the site by
providing a more active use than parking. The existing building would not be modified as
part of this limited term application. 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 Mc Fadden Square. Additionally, the
project does not contain any unique features that could degrade the visual quality of the
coastal zone.
2. The project is located adjacent to Mc Fadden Square which is accessible to the public and
provides opportunities to view and access the beach as well as other amenities. As
currently developed, the existing restaurant building and other business are located within
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the viewshed of the beach and shoreline. However, the outdoor patio is not visible from
the beach due to its location behind the existing restaurant. Further, the project maintains
an envelope consistent with the existing neighborhood pattern of development.
3. 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 is considered a minor detached structure.
The location of these improvements does not pose a conflict to coastal resources,
coastal access, or other adverse environmental effects.
4. Improvements are complementary to the area; the subject restaurant and adjacent
neighbors have similar outdoor dining improvements within the walkways and parking
areas of Mc Fadden Square.
5. The proposed outdoor dining area is located completely within private property.
6. 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 providing an additional amenity to visitors. The proposed
operation does not contain ESHA, wetlands, or sandy beach area.
7. 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
between the requirement and the project’s impact and be proportional to the impact. In this
case, the project is a temporary outdoor patio that is located within the on-site parking lot.
The project is designed and sited so as not to block or impede existing public access
opportunities. The additional patio area would serve as an amenity to residents and visitors
in the area.
2. Vertical access to the beach is available adjacent to the project within the Mc Fadden
Place plaza and Newport Pier. Lateral access is available to the beach to the west of
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the site. The public beach is also the start of a 6-foot-wide public sidewalk providing
lateral access and views of the ocean. The project does not include any features that
would obstruct access along these routes.
3. The existing 10-space parking lot is primarily used by employees of Baja Sharkeez. The
reduction in parking of five (5) spaces on a temporary basis would not create a
substantial impediment to public access and parking opportunities in the coastal zone.
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) 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 and Coastal Development Permit No. PA2023-0247 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
and 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 28TH DAY OF MARCH, 2024.
___________________________________
Benjamin Zdeba, AICP, 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 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 up to a one (1)-year term from January 1, 2024, to December 31, 2024. The
applicant shall be required to cease all permitted operations and remove any temporary
improvements made to the outdoor spaces as part of this Limited Term Permit on or before
December 31, 2024.
3. The expanded outdoor dining area shall not exceed 765 square feet in area.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
9 p.m., Monday through Thursday, and will close by 10:00 p.m., Friday through Sunday.
5. There shall be no use of amplified sound within the temporary outdoor dining area.
6. The applicant shall install and maintain a physical barrier between any area used and
adjacent common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
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. All owners, managers, and employees selling and serving alcohol shall comply with all
ABC guidelines and regulations and shall further take all measures necessary to prevent
over-service of alcohol and/or disorderly conduct form patrons. Increased calls for Police
Department service to the establishment or complaints made to the City will cause a review
of operations and may result in a revocation of this permit.
9. The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be
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 may be modified or revoked
by the Zoning Administrator if determined that the proposed uses or conditions under
which it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
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,
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 Baja Sharkeez Limited Term
Permit and Coastal Development Permit (PA2023-0247). 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 48 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
20. All tops of dining and work surfaces shall be 28 to 34 inches above the finish floor.
21. A minimum of 5% of seating at tables and counters shall be accessible, with knee
clearance of at least 27 inches high, 30 inches wide, and 19 inches deep.
22. All building exits shall remain free and clear of any obstacles that would impede exiting
from a building or suite and accessing the nearest public right-of-way.
23. Accessible routes, including under canopy(ies) and other overhead improvements shall
maintain a minimum clear height of 80 inches.
24. All electrical distribution lines shall be in good working order and shall be protected from
pedestrian and vehicular traffic and shall accommodate accessibility.
Fire Department
25. One 2-A: 10BC Fire Extinguisher shall be mounted in a conspicuous, readily accessible
location.
26. Two exits shall be provided for any area with an occupant load exceeding 49.
27. Fire lane(s) shall be identified on the plan.
28. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
29. 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.
30. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a 3-foot clearance in all directions.
31. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
32. 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.
15
Zoning Administrator Resolution No. ZA2024-###
Page 12 of 13
09-30-21
33. 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.
34. Covered outdoor dining areas (separate or consolidated) shall comply with the following
standards for tents larger than 400 square feet (two [2] or more walls) and/or canopies
larger than 700 square feet (no walls or one [1] wall):
Post maximum occupant load.
Do not exceed posted occupant load inside the tent or canopy.
Visible and Mounted Fire Extinguishers with current service tags.
No Smoking Signs shall be installed.
Illuminated Exit Signs shall be installed.
Emergency Lighting shall be provided.
Exit doors are not to be blocked and are to remain accessible as exits while the tent
is occupied.
All interior decorative fabrics or materials shall be flame resistant. Provide
Certificates of Flame Resistance.
If Propane is used, a permit is required: Cooking and heating equipment shall not be
located within 10 feet of exits or combustible materials.
LPG containers shall be located outside and be adequately protected and secured,
and a permit will be required. Open flame or other devices emitting flame, such as
candles, are not permitted inside or within 20 feet of the tent, canopy, or temporary
membrane structure.
Tents and canopies shall have the State Fire Marshal tag indicating fire resistance.
Tents and canopies shall be designed and installed to withstand the elements of the
weather and prevent collapsing through weights and ground anchorage.
Public Works Department
35. The layout of the outdoor patio shall be consistent with the parking layout approved under
PA2021-201.
36. The Applicant shall install and maintain a substantial physical barrier (water-filled traffic
barrier or K-rail between any area used and adjacent to any street, driveway, or parking
area).
16
Zoning Administrator Resolution No. ZA2024-###
Page 13 of 13
09-30-21
37. 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.
38. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
39. Public eating/dining at tables shall not be situated on top of energized vault lids, energized
underground structures, or next to vent pipes, etc.
40. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided.
17
Attachment No. ZA 2
Vicinity Map
18
VICINITY MAP
Limited Term Permit and Coastal Development
Permit No. PA2023-0247
110 and 114 Mc Fadden Place
Subject Property
19
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
(Available separately due to bulk)
https://ecms.newportbeachca.gov/WEB/DocView.a
spx?id=2656317&dbid=0&repo=CNB
20
Attachment No. ZA 4
Temporary Use Permit PA2021-201
(Available separately due to bulk)
https://ecms.newportbeachca.gov/
WEB/DocView.aspx?id=2800716&d
bid=0&repo=CNB&searchid=df3a2d
c0-217e-4cdd-ad0e-e4a6c477dae1
21
Attachment No. ZA 5
SCE Clearance Decals
22
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
23
24
D5425
26
BAJA SHARKEEZ PATIO/PARKING LOT
17'-------"'-
-Sharkeez Restaurant
Entrance - ---
, ,
Patio
,_ --0C; 0
C C C ---C -C C 45' -._..1-,1
__ ___. Entrance __ __.
Alley
EXIT
Parking
ENTER
Court Ave.
Handicap Parking
75'
27