Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutZA2025-002 - APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A TEMPORARY OUTDOOR DINING AREA LOCATED AT 2920 NEWPORT BOULEVARD, SUITE D (PA2023-0227) RESOLUTION NO. ZA2025-002 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A TEMPORARY OUTDOOR DINING AREA LOCATED AT 2920 NEWPORT BOULEVARD, SUITE D (PA2023-0227) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Donald Callender, representing Lemon Meringue, LLC (Applicant) with respect to property located at 2920 Newport Boulevard, Suite D, and legally described as Assessor Parcel Numbers 047-043-04 and 047-043-20, in the City of Newport Beach, Orange County, California (Property) requesting approval of a limited term permit and a coastal development permit. 2. On June 11, 2020, the Community Development Director approved Emergency Temporary Use Permit No. UP2020-029 and Emergency Coastal Development Permit No. CD2020-021 (PA2020-102) to allow a 5,500 square foot temporary patio in the rear parking area of the Helmsman Ale House restaurant. The patio was authorized for the duration of Emergency Order No. 2020-005. 3. On August 20, 2020, through Emergency Temporary Use Permit No. UP2020-143 and Coastal Development Permit No. CD2020-128 (PA2020-246), which authorized the addition of an outdoor cooking area including a woodburning cooking appliance within the temporary patio. 4. On January 22, 2022, a Zoning Administrator public hearing was held online via Zoom. The Zoning Administrator authorized a Limited Term Permit No. XP2021-026 and Coastal Development Permit No. CD2021-050 (PA2021-204) for a reduced outdoor dining area of 1,000 square feet in size. The patio was authorized from January 11, 2022, through January 10, 2023. 5. On December 23, 2022, the Zoning Administrator extended the Limited Term Permit and Coastal Development Permit beyond its initial term through December 30, 2023 (PA2022-0280). 6. The Applicant requests approval of a limited term and a coastal development permit to maintain the 1,000 square foot maximum outdoor dining area (Project). 7. The Property is designated CV (Visitor Serving Commercial) by the General Plan Land Use Element and is located within the CV (Commercial Visitor-Serving) Zoning District. 8. The Property is located within the coastal zone. The Coastal Land Use Plan category is CV-A (Visitor Serving Commercial – 0.0 - 0.75 FAR) and it is located within the CV (Commercial Visitor-Serving) Coastal Zoning district. Zoning Administrator Resolution No. ZA2025-002 Page 2 of 13 9. Pursuant to Assembly Bill No. 1217, Gabriel (Business Pandemic Relief), temporary relief measures to suspend certain legal restrictions related to alcohol service, food service, and parking have been extended. As it related to parking, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for outdoor dining areas is authorized to reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an outdoor dining area. 10. A public hearing was held on January 16, 2025, online via Zoom. A notice of the time, place, and purpose of the hearing was given by 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 categorically exempt pursuant to Title 14 of the California Code of Regulations pursuant to Section 15301, Division 6, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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 an existing or former 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 authorizes a temporary 1,000 square foot outdoor dining area within the parking lot of an existing restaurant and qualifies under the parameters of the Class 1 and Class 3 exemptions. 3. The exceptions to the categorical exemptions 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 – Finding and Decision) of the Newport Beach Municipal Code (“NBMC”), the findings and facts in support of such findings are set forth as follows: Zoning Administrator Resolution No. ZA2025-002 Page 3 of 13 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 temporary outdoor dining area within the parking lot of the Helmsman Ale House restaurant. The restaurant was authorized in 1993 through Use Permit No. 3485 (as amended). The temporary outdoor dining area would serve as additional outdoor seating for guests and is fully located on private property. 2. A temporary barrier is installed within the parking lot to both separate the patio from the parking lot and drive aisle and to delineate the area dedicated for outdoor dining and alcohol service. There are no existing City utilities within the expanded dining area. 3. The existing hours of operation for the interior of the restaurant are limited from 6 a.m. to 11 p.m., Sunday through Thursday and from 6 a.m. to 1 a.m., Friday and Saturday. The proposed temporary outdoor dining area would close by 9 p.m., Monday through Thursday, and by 10 p.m., Friday through Sunday. 4. Condition of Approval No. 1 requires all conditions of approval of Use Permit No. 3485 be adhered to for this temporary outdoor dining area, unless otherwise modified by the conditions of approval contained herein. No live entertainment, exterior amplified music, sound systems, televisions, paging systems, etc. shall be permitted within the temporary outdoor dining area. 5. Condition of Approval No. 3 limits the operation of the temporary outdoor dining area for up to a six-month term, terminating on July 31, 2025. 6. Outdoor dining areas are common within the Balboa Peninsula area, have been used at the subject property during similar hours in the past. There have been complaints received by the City to date regarding the operation of the business, including seven disturbance calls from a neighbor in 2024. The Newport Beach Police Department (NBPD) has worked with the applicant over the last year to improve security practices, door management, and over-crowding at the restaurant. The Applicant shared their security plan with NBPD, reformed security staff, and provided alcohol education to staff. Their calls for service have decreased which has resulted in less burden on police resources. Therefore, the NBPD is not opposed to the patio application, but recommends reevaluation of the project prior to approval of a permanent patio in the future. 7. The proposed operation is conditioned to be accessible to all persons, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA), as required by Condition of Approval No. 29. Zoning Administrator Resolution No. ZA2025-002 Page 4 of 13 8. 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. 9. The permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements. 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 restaurant is located on a site that is comprised of two (2) separate parcels: one (1) with the restaurant building and one (1) with the parking lot to serve the building. The combined two (2) parcels are approximately 0.5-acre in size. If approved, the temporary outdoor patio would be a maximum of 1,000 square feet and has been conditioned to have no permanent structures. 2. The project site is located on the northeast corner of Newport Boulevard and 30th Street. Surrounding uses include residential neighborhoods, which are located to the west beyond. The nearest residential use is approximately 50 feet away from the outdoor patio, The Landing shopping center, and a mixed-use neighborhood to the north, east and south. The temporary patio should not negatively affect surrounding uses as it is regulated by the conditions of approval which limit the size, hours of operation, and activities which can take place in the outdoor dining area. Furthermore, the Applicant is proactively coordinating with NBPD to update their security plan and provide additional training for employees to prevent disturbances related to patio operations. According to the NBPD, these efforts have resulted in a decrease in calls for service to the property. 3. The parking lot has previously been restriped to accommodate the outdoor dining area with the approval of PA2021-204. Two (2) accessible parking spaces shall be maintained, clear, and accessible for use at all times. No traffic or site circulation issues were experienced during the previous operation of the outdoor dining area and therefore, are not anticipated with this approval. 4. Given the expanded patio is located entirely on private property, impacts to pedestrian circulation are not 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. Zoning Administrator Resolution No. ZA2025-002 Page 5 of 13 Fact in Support of Finding: 1. The subject site has direct driveway approaches taken from 30th Street and the alley. The temporary outdoor dining area is located within the private parking lot abutting the restaurant and will not impede access. Peak hours for the restaurant are anticipated to be in the evening, when other retail and office uses on the property are typically closed. No traffic issues are anticipated with the continued use of the outdoor 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 Facts in Support of Finding: 1. The subject property has been occupied by a food service use since 1993. The existing parking lot has historically accommodated the restaurant. The existing parking lot is expected to accommodate the temporary use. There have been no parking-related complaints or issues raised related to the outdoor dining area installed under the previous emergency permit. 2. Fact 1 in Support of Finding C incorporated by reference. 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 category for this site is CV (Visitor Serving Commercial). The CV category is intended to allow for a range of accommodations (e.g., hotels, motels, hostels), goods, and services intended to primarily serve visitors. Permitted uses include those permitted in the CV Zoning designation, which includes restaurants by obtaining a use permit. The expanded outdoor dining use is accessory to the existing restaurant, will be utilized for a limited duration on-site and will be in furtherance of the intention for this land use category. 2. The site is in the Commercial Visitor Serving (CV) Zoning District. The CV designation applies to areas intended to provide for areas appropriate for accommodations, goods, and services intended to serve primarily visitors. The expanded outdoor dining use is accessory to the existing restaurant, will be utilized for a limited duration on-site, and will not impede use of the site consistent with the CV designation. The CV District also allows temporary uses as specified within the Zoning Code and the proposed limited duration use is consistent with this designation. Zoning Administrator Resolution No. ZA2025-002 Page 6 of 13 3. The Limited Term Permit for temporary outdoor dining would complement and be consistent with the other commercial uses permitted within the CV Zoning District since 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 from the proposed amendment include providing opportunities for the continuation of local businesses that generate sales tax and provide opportunities for employment, which is consistent with General Plan Land Use Element Policy LU 2.4 (Economic Development), also copied below: Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City’s diverse recreational amenities, and protect its important environmental setting, resources, and quality of life. Policy LU 2.4 Economic Development Accommodate uses that maintain or enhance Newport Beach’s fiscal health and account for market demands, while maintaining and improving the quality of life for current and future residents. (Imp 1.1, 24.1) 4. Council Policy D-9 recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community. The policy recognizes the need to provide effective and efficient structures for implementing economic programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy economy while preserving the unique commercial villages in Newport Beach. The proposed limited term permit would support a local business and economic prosperity while maintaining the unique character of the Balboa Peninsula community. 5. The Property is not located within a specific plan area. Coastal Development Permit In accordance with Section 21.52.015(F) (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 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 10% 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 Zoning Administrator Resolution No. ZA2025-002 Page 7 of 13 expanded outdoor dining area and barrier within the parking lot are minor detached structures. The location of these improvements does not pose a conflict to coastal resources, coastal access, or other adverse environmental effects. 2. An initial evaluation was conducted of the project site in accordance with NBMC Section 21.30.100 (Scenic and Visual Quality Protection). The project site is not located between the first public roadway and the sea, the project site is not located on a coastal bluff or canyon, and the project site is not adjacent to a coastal view road, public access way, or Coastal Viewpoint as identified in the Coastal Land Use Plan. Furthermore, the development site contains no natural landforms or vegetation. The initial evaluation did not indicate that the project has the potential to significantly impact a public view or viewshed or the scenic and visual qualities of the coastal zone. 3. The nearest coastal viewpoint is Lido Park, over 1,000 feet northeast of the Property. The subject property is situated further inland than Lido Park and not within the viewshed of the park. Due to the distance of the outdoor dining area from the public viewpoint, the project will not impact coastal views. The expanded outdoor dining area complies with all applicable Title 21 (Local Coastal Program Implementation Plan) development standards and maintains an area consistent with the existing pattern of development of Balboa Peninsula. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. 4. The proposed outdoor dining area is located within private property. 5. Improvements are complementary to the area; the subject restaurant and adjacent neighbors have similar outdoor dining improvements within the parking areas and walkways of Balboa Peninsula. 6. 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 the public to visit coastal areas and provides an added amenity for 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 of shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The project site is not located between the nearest public road and the sea or shoreline. Zoning Administrator Resolution No. ZA2025-002 Page 8 of 13 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 under Section 15301 under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Limited Term Permit and Coastal Development Permit filed as PA2023-0227, 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 by the provisions of Title 20 Planning and Zoning and Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF JANUARY 2025. Zoning Administrator Resolution No. ZA2025-002 Page 9 of 13 EXHIBIT “A” CONDITIONS OF APPROVAL (Project-specific conditions are in italics) Planning Division 1. All conditions of approval from Use Permit No. 3485 shall be adhered to unless specifically modified by the following set of conditions. 2. The temporary outdoor dining area location 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. 3. The approval of this Limited Term Permit and Coastal Development Permit shall be effective from the effective date of this approval until July 31, 2025. 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 July 31, 2025. The Applicant may apply for one 3-month extension of time under this Limited Term Permit and Coastal Development Permit pursuant to Sections 20.54.060 and 21.54.060 of the NBMC. No subsequent extensions shall be granted. 4. The outdoor dining area shall not exceed 1,000 square feet. Two (2) accessible parking spaces shall be maintained clear and accessible for use at all times. 5. The remaining on-site parking spaces shall remain free of obstructions and available for vehicle parking. 6. No permanent structures that require building permits shall be allowed. 7. The existing allowed hours of operation of the establishment shall not be extended. The hours of operation of the temporary outdoor dining area as part of this approval shall not extend beyond 9:00 p.m. Monday through Thursday and 10:00 p.m., Friday through Sunday. 8. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 9. The Applicant shall adhere to all applicable State of California and Orange County Health Care Agency guidelines for the safe operation of the outdoor dining area. 10. The Applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use may be cause for revocation of the Limited Term Permit. Zoning Administrator Resolution No. ZA2025-002 Page 10 of 13 11. The Applicant is required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Care Agency is required prior to the issuance of a building permit. 12. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26. 13. No outdoor sound system, loudspeakers, or paging system shall be utilized in conjunction with the outdoor dining area. 14. There shall be no use of amplified sound or live entertainment in the temporary outdoor dining area. 15. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 16. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior form within, promoting and indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 17. The outdoor dining area shall be always maintained free of litter and graffiti. The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 18. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Limited Term Permit and Coastal Development Permit. 19. A Special Events Permit is required for any event or promotional activity outside the normal operating characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 20. Strict adherence to maximum occupancy limits is required. Zoning Administrator Resolution No. ZA2025-002 Page 11 of 13 21. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 22. 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. 23. All trash shall be stored within a building or within dumpsters stored in a trash enclosure or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. 24. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 25. 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. 26. The Community Development Director or designee may inspect the modified area at any time during normal business hours. 27. 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. 28. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, 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 Helmsman Ale House Limited Term Permit and Coastal Development Permit including, but not limited to, PA2023-0227. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses Zoning Administrator Resolution No. ZA2025-002 Page 12 of 13 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 Department 29. Any areas used for temporary commercial or institutional use shall be accessible to disabled persons. a. A minimum 4-ft wide accessible path to all functional area shall be provided. b. Access to restrooms shall be provided at all times. c. Accessible parking stalls shall not be used for seating areas when onsite parking is provided. d. At least one (1) accessible seating area shall be provided. 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. 30. All exiting paths shall be a minimum 36 inches free and clear. All public walks and sidewalks shall be minimum 48 inches free and clear. Fire Department 31. No smoking signs shall be conspicuously posted in all tents open to the public. 32. No heating equipment to be used in the tent. 33. The Applicant shall submit a seating chart an occupant load analysis to the Fire Department for review. 34. The Applicant shall submit documentation to the Fire Department for review of tent fabrics and listings per California Code of Regulations, Title 19, Division 1, 315-355. 35. At least one (1) approved 2A10BC fire extinguisher shall be provided in the tent. 36. The tent shall have a permanently affixed label identifying: a. Seal of Registration; b. Name and registration number of the approved applicator; and c. If registered fabric, the trade name and registration number of the approved fabric and date of production. Public Works Department 37. The applicant shall install and maintain a substantial physical barrier (K-rail, water-filled traffic barrier or other barrier approved by the Public Works Department) Zoning Administrator Resolution No. ZA2025-002 Page 13 of 13 between the proposed outdoor dining area and parking spaces and parking aisles in the parking lot. The physical barrier shall not encroach into the parking aisle or any required parking space. 38. Expanded outdoor dining areas shall adhere to the SCE Clearance Decal standards.