City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861
Phone (310) 456-2489 · Fax (310) 456-7650 · www.malibucity.org
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RRP No.____-
TEMPORARY RESTAURANT RECOVERY PROGRAM
APPLICATION
A restaurant owner, shopping center or restaurant property owner, or manager of any restaurant or
shopping center may apply for a Temporary Restaurant Recovery Permit that would allow the following
1
:
1. Temporary use of Temporary Restaurant Seating Area to allow greater physical distancing;
2. Temporary changes to other approved operating conditions or restrictions to facilitate physical
distancing.
“Temporary Restaurant Seating Area” means:
1. The following areas of the property that are not currently permitted for restaurant service use but
may be safely converted to seating for guests:
a. Indoor areas that are within the tenant space;
b. Outdoor areas adjacent to the Restaurant use including parking spaces but excluding
areas where the use could negatively impact coastal resources or prevent coastal access;
and
c. Common areas of shopping malls that are accessible from, and within 100 feet of, the
subject Restaurant.
2. Sidewalks and other public rights-of-way that are closed to public access during the period of
service. A separate encroachment permit may be required for use of the public right-of-way.
All Temporary Restaurant Recovery Areas must be designed to fully comply with all California
COVID-19 Guidance. Please read the application below for additional requirements.
1
In the event of conflicting applications, the property owner’s application, if granted, shall be the operative
application and permit.
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NOTE: During evaluation and inspection, additional information may be requested.
1. _____TEM
PORARY RESTAURANT RECOVERY APPLICATION
This form completed and signed by the Applicant, Business Owner, and Property Owner, as
applicable.
2. ______SEATING AREA DOCUMENTATION
Please provide at least one of the following so that City staff may determine the number of
authorized seats:
Existing permits (CUPs, OCs, CDPs, etc)
Available parking
Onsite wastewater treatment system (OWTS) approval
Documentation of the number of seats allowed in Restaurants with similar seating areas
Other
3. ______SITE PLAN WITH RESTAURANT USE DIAGRAM
Show lot dimensions, access to the site, parking areas, and permanent structures.
o Compliance with the Americans with Disability Act (ADA) and other agency regulations
is required. Paths of travel shall be a minimum of five feet to allow for two people to
walk comfortably side by side and accommodate ADA accessibility.
Show the previously established or permitted seating area and number of seats. Please
provide dimensions and list the number of seats.
Clearly mark the proposed temporary restaurant seating area, which may not exceed
the previously legally established or permitted maximum of number of authorized
seats.
o Include pickup/ take out queuing area, table/chair locations, other seating areas,
separation between seating areas, canopy covers, location within a sidewalk area,
outdoor heaters, parking spaces used, and location and type of enclosure around
designated dining area. A barrier/ area delineation is not required if the temporary
restaurant use area is not within a parking area or if no alcohol is served or consumed.
Show location of all temporary structures, including staff stations, utensil and hand
washing stations, temporary barriers, shade structures, trash cans and recycling bins,
valet stand, etc. No new outdoor food preparation is allowed outside.
Submittal Checklist
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PROPERTY ADDRESS:
DEVELOPMENT TYPE: SINGLE BUILDING MULTI-TENANT (SHOPPING CENTER)
OTHER:
UNIT #. __________ APN:
BUSINESS NAME:
BUSINESS ADDRESS: __________________CITY: ______________STATE:_____ZIP: ____ ____
BUSINESS PHONE #: BUSINESS EMAIL:
APPLICANT: FIRST: LAST:
APPLICANT ADDRESS: CITY: STATE: ZIP:
APPLICANT PHONE #: APPLICANT EMAIL:
PROPERTY OWNER:
COVID-19 OPERATIONAL POINT PERSON: First: Last:
PHONE #: EMAIL:
HOURS OF OPERATION:
ALCOHOL:
NONE ONSITE CONSUMPTION
OFF-SITE CONSUMPTION
CUST
OMER QUEUEING AREAS*:
DOES THIS BUSINESS OFFER CURBSIDE PICKUP/ TAKEOUT? YES NO
DOES THIS BUSINESS TAKE RESERVATIONS? YES NO
DOES THIS BUSINESS DELIVER? YES NO
If “Yes” was selected for any of the questions above, please ensure that there is adequate space(s) for
customer/ delivery person queueing.
Business Information
General Information
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PROPOSED PROJECT DESCRIPTION (PROVIDE ADDITIONAL PAGES IF NECESSARY):
1. PROPOSED TEMPORARY RESTAURANT USE AREA:
PARKING SIDEWALK COMMON SPACE OTHER:
2. PROPOSED TEMPORARY RESTAURANT USE AREA:
SQUARE FOOTAGE: SQ. FT.
SEATS FOR CUSTOMERS (NUMBER): INDOOR OUTDOOR
3. TOTAL RESTAURANT USE AREA:
SQUARE FOOTAGE: SQ. FT.
SEATS FOR CUSTOMERS: INDOOR OUTDOOR
4. TEMPORARY STRUCTURES:
□ TEMPORARY BARRIERS (#) ______ (TYPE): ______________________ (HEIGHT): _________
□ TEMPORARY SHADE STRUCTURES (#) ______ (TYPE): ____________ (HEIGHT): ________
□ OTHER TEMPORARY STRUCTURES: (DESCRIBE NUMBER AND SIZE):__________________
_______________________________________________________________________________
□ TEMPORARY LIGHTING: □ NO
□YES,DESCRIBE:_________________________________
5. PARKING:
PARKING AFFECTED: NO
YES, NO. OF SPACES IMPACTED:
Project Information
TOTAL EXISTING SPACES_________
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Staff Use Only
1. The restaurant and shopping center is not currently subject to open code enforcement action and
is not in violation of any compliance agreement.
No
Yes
2. The Temporary Restaurant Use Area and its associated activities or access requirements will result
in no adverse impact on opportunities for public use of or access to the area due to the proposed
location.
No
Yes
3. There will be no direct or indirect impacts from the approval of the proposed Temporary Restaurant
Use Area and its associated activities or access requirements on environmentally sensitive habitat
areas (ESHA), rare or endangered species, significant scenic resources, or other coastal resources.
No
Yes
_______ OUTDOOR
EXISTING SQUARE FOOTAGE: _____________SQ. FT. EXISTING
SEATS FOR CUSTOMERS (NUMBER): _______ INDOOR
Document used to assess the above? __________________
Approved for permit:
Date:
Planning Staff
NOT Approved for permit: Date:
Planning Staff
Rea
son not approved or additional information required:
DEPARTMENT REVIEWS
INITIALS: CE_____ EH____ PW____ ESD___ On-site Inspection*___
*An inspections may be conducted any time and result in additional safety requirements
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TEMPORARY RESTAURANT RECOVERY APPLICATION
CONDITIONS OF APPROVAL
1. Genera
l
a. Approval of this application does not eliminate the need for other permits, licenses, or certificates
required. Additional permits may include, but not be limited to Alcohol Beverage Control (
COVID-
19 Temporary Catering Authorization Application (Form ABC-218 CV19), LA County Fire Dept.,
LA County Dept. of Public Health (food).
b. This permit shall be kept on site and produced to any agent or employee of the City of Malibu on
request. Applicant shall not deviate from this permit without prior written approval.
c. All
operations and service conducted within the Temporary Restaurant Seating Areas will be
consistent and in accordance with all CA Department of Public Health and Los Angeles
County Department of Public Health codes and requirements.
d. Compliance with Federal Americans with Disabilities Act and State Accessibility Requirements is
the responsibility of the Applicant and must be maintained at all times.
e. The approval of this Temporary Restaurant Recovery Program Application is for the use
described in the application, no development is permitted as part of this approval.
f. The Temporary Restaurant Recovery Program does not relieve the applicant from any conditions
of approval included in existing entitlements other than those which are directly addressed by
the Temporary Restaurant Recovery Permit.
g. A Temporary Restaurant Recovery Program approval does not allow any changes exceeding
existing permitted hours or established hours of the subject business.
h. The Planning Director may impose any conditions required to prevent use of the Restaurant from
exceeding the impacts and use of the Restaurant that existed prior to the issuance of a
Temporary Restaurant Recovery Permit. Such conditions may include, but are not limited to,
modifying hours of operation of the Temporary Restaurant Seating Area, measures to limit noise
impacts, measures to facilitate parking/dropoff/pickup, lighting restrictions, temporary protective
barriers, circulation requirements for employees/customers/vehicles, health/safety measures,
and restrictions on the locations and numbers of seats and tables inside and outside the
Restaurant. The property owner shall agree to indemnify and defend the City in any action
related to the issuance of the Temporary Restaurant Recovery Permit and/or the use allowed by
the permit as a condition of receiving the permit.
i. In addition to all other remedies, violations of a Temporary Restaurant Recovery Program Permit
or this Ordinance are subject to the Administrative fine provisions of the Malibu Municipal Code
located in Chapter 1.10 et. seq
2. Constr
uction Hours
a. Per Malibu Municipal Code (MMC) Section 4.2.04(G), construction may take place from 7:00 a.m.
to 7:00 p.m. weekdays and 8:00 a.m. to 5:00 p.m. on Saturdays. Construction is not permitted on
Sundays or the following City observed holidays: New Year's Day, Martin Luther King Jr. Day,
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President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day,
and Christmas Day.
3. Noi
se
a. Must comply with noise ordinance and all noise related conditions of existing approvals.
b. Al
l noise is subject to the City’s Noise Ordinance found in MMC Chapter 8.24. The project
applicant and property owner acknowledge receipt of the City’s Noise Ordinance and agree to
comply with the provisions at all times. Violation of the Noise Ordinance shall be cause for
revocation of the permit and may result in denial of any Special Event Permits requested for the
subject property in the future.
c. If
any agent of the City requests that the noise level be reduced, applicant shall ensure immediate
compliance.
d. Noi
se from this event shall not emanate or interfere with the peace and comfort of the residences
or their guests, or the operators or customers in places of business in the vicinity.
e. Noi
se shall not be plainly audible at a distance of five feet of any residential dwelling unit after
10:00 p.m.
4. Lighting
a. Exterior lighting shall be minimized, restricted to low intensity features, shielded, and concealed
to the maximum feasible extent so that no light source is directly visible from sensitive public
viewing areas. Traffic lights, navigational lights, and other similar safety lighting are exempt from
this requirement.
5. Par
king and Access
a. Appl
icant shall assure that guest vehicles do not at any time block any public or private street or
driveway.
b. Fir
e Department emergency vehicle access shall be maintained at all times.
c. A minimum of one opening shall be provided on a dining enclosure on the public sidewalk side
of the space. Enclosed outdoor dining areas shall maintain an opening of 36" minimum. Access
openings shall be kept clear of furnishings. Gates, while not preferred, shall not open outwards
into path of travel or walk zone.
d. Fir
e code compliance is required for egress purposes within the permit area. A minimum five (5)
foot clear path of travel shall be provided and the number of seats provided shall not exceed 1
seat per 15 square feet within the permit area.
6. Te
mporary Structures and Structure Placement
a. Shade structures shall be ground mounted and shall not be attached to the building (per Fire
Code requirements).
b. Al
l materials and structures should be easily movable and temporary.
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7. Smoking
a. Smoking is prohibited in all outdoor dining areas located on private or public property, including
the public right-of-way. Smoking is also prohibited within 20 feet of an outdoor dining area, except
while actively passing by on the way to another destination. The MMC defines “smoking” as
inhaling, exhaling, burning, or carrying any lighted cigarette, cigar or pipe. (Ord. No. 337, § 1, 7-
13-2009)
b. Any
business with an area subject to the prohibition set forth in MMC Section 9.32.020 shall post
or cause to be posted and shall maintain “no smoking” signs in conspicuous locations within said
area. All such signs shall: (1) be no greater than one square foot in size; (2) be prominently
displayed; (3) clearly state “no smoking” and/or use the international “no smoking” symbol; and
(4) reference MMC Section 9.34.020. Any business with an area subject to the prohibition set
forth in MMC Section 9.34.020 shall also provide a smoker’s waste receptacle 20 feet from the
entry way or, where that distance is not possible, at the farthest possible point away from the entry
way.
8. Pl
astic Bags
a. Per MMC Chapter 9.28 no retail, restaurant, vendor, or nonprofit vendor shall provide plastic bags
of compostable plastic bags to customers.
9. Polystyrene Food Packaging (Styrofoam)
a. Per MMC Chapter 9.24, no restaurant, food packager, retail food vendor, vendor, or nonprofit
food provider shall provide prepared food to its customers in any food packaging that utilizes
expanded polystyrene.
10. Sandbags
a. P
er MMC Chapter 9.30, no affected retail establishment, governmental agency, vendor or
nonprofit vendor shall provide plastic sandbags to customers. No person shall distribute or use
plastic sandbags at any City facility or any event held on city property. No person, entity,
business, homeowner, nonprofit, contractor, subcontractor or employee shall install for any
purpose, whether temporary or permanent, plastic sandbags.
11. Ter
mination
a. The Temporary Restaurant Seating Area must be vacated and returned to its original state within
72 hours of the termination of this ordinance or the termination of the issued Temporary
Restaurant Recovery Permit. Use of the Temporary Restaurant Seating Area must cease
immediately upon termination of this ordinance or a Temporary Restaurant Recovery Permit.
b. A
Temporary Restaurant Recovery Permit may be modified or terminated by the City for any of
the following reasons:
i. Violation of any applicable law, rule, ordinance, or order;
ii. Disturbance of the quiet enjoyment of nearby residents;
iii. Objection by law enforcement agencies;
iv. If operation of the Temporary Restaurant Seating Area is inconsistent with State or
local public health directives, including social distancing directives or guidance; or
v. If, in the discretion of the Planning Director, continuance of the activity permitted by
the Temporary Restaurant Recovery Permit will negatively impact the public’s health,
safety, or welfare.
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c. Shoul
d a Temporary Restaurant Recovery Permit be modified or terminated per Condition 11,
the permit holder shall be provided notice of the reason for modification or termination by: (1)
mailing notice to the address of the Restaurant, (2) delivering notice to the Restaurant manager
or staff on duty at the Restaurant, or (3) mailing or delivering the notice to the permit holder or
property owner. The permit holder may request reconsideration of the modification or termination
by providing written evidence or argument to the City Clerk at cityclerk@malibucity.org within 5
days of the mailing or delivery of the notice by the City, whichever is earlier in time. The permit
holder must immediately comply with the modification or termination, except that if a request for
consideration is timely delivered to the City the Temporary Restaurant Seating Area need not be
returned to its original condition until 10 days after the date notice of the modification or
termination was mailed or delivered by the City, whichever is earlier in time
12. Speci
al Conditions
a. ____________________________________________________________________________
b.
c.
d.
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INDEMNIFICATION CLAUSE
The applicant, property owners, and their successors in interest, shall protect, defend, indemnify, and
hold harmless the City of Malibu, its officers, employees, and agents from any claim, action, proceeding,
liability and costs relating to or concerning the City’s actions concerning this project, including (without
limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the
validity of any of the City's actions or decisions in connection with this project. The City shall have the
sole right to choose its counsel and property owners and/or applicant shall reimburse the City’s expenses
incurred in its defense of any lawsuit challenging the City’s actions concerning this project.
__
PROPERTY OWNER SIGNATURE PROPERTY OWNER NAME (PRINT) DATE
AP
PLICANT STATEMENT
I certify that I am presently the legal owner of the above-described business. Further, I acknowledge the
filing of this application and certify that all of the information on the application is true and correct. I grant
permission to the City to conduct site visits necessary to investigate the proposed project. (If the
undersigned is different from the legal property owner, then a letter of authorization must accompany this
form.) I attest that my business has obtained and is following these regulations and any other local,
state, and federal regulation that relate to this proposed business.
Property Owner, or Applicant Signature: Date:
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ACCEPTANCE OF CONDITIONS AFFIDAVIT
The undersigned applicant(s) and property owner(s) acknowledge and agree to abide by all terms and
conditions of Temporary Restaurant Recovery Permit Number __________ for the business located
at _____________________________________.
______________________ ___________________________________
Date Signature of Applicant
___________________________________
Print Applicant’s Name
______________________ ___________________________________
D
ate Signature of Property Owner/Manager
___________________________________
P
rint Property Owner/ Manager’s Name
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