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HomeMy WebLinkAbout02_Five Crowns Limited Term Permit and CDP_PA2023-0202CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT July 25, 2024 Agenda Item No. 2 SUBJECT: Five Crowns Temporary Outdoor Dining (PA2023-0202) •Limited Term Permit (>90 Days) •Coastal Development Permit SITE LOCATION: 3801 East Coast Highway APPLICANT: Ryan Wilson OWNER: FPV II Partnership PLANNER: Melinda Whelan, Assistant Planner 949-644-3221, mwhelan@newportbeachca.gov LAND USE AND ZONING •General Plan Land Use Plan Category: CC (Corridor Commercial) •Zoning District: CC (Commercial Corridor) •Coastal Land Use Plan Category: CC-B (Corridor Commercial 0.0-0.75 FAR) •Coastal Zoning District: CC (Commercial Corridor) PROJECT SUMMARY The applicant requests a limited term permit and coastal development permit to allow an existing temporary outdoor dining patio to remain for a limited one-year-term at Five Crowns Restaraunt. The expanded 1,350-square-foot outdoor dining area including a 850-square-foot canopy was originally approved by an Emergency Temporary Use Permit (ETUP) in 2020 as a temporary addition to their existing outdoor dining. Although the ETUP expired, the temporary outdoor dining area has remained in use. The outdoor dining area will occupy existing open space behind the permanent outdoor dining. The outdoor dining area will include live entertainment and will close by 10:00 p.m. A sound wall will be installed along the rear property lines. The interior of the restaurant and the outdoor area have historically been used for private events on the weekends. The existing operating hours of the restaurant will remain the same. 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 1 Five Crowns Temporary Outdoor Dining (PA2023-0202) Zoning Administrator, July 25, 2024 Page 2 Tmplt: 01/18/23 3) Adopt Draft Zoning Administrator Resolution No. _ approving a Limited Term Permit and Coastal Development Permit filed as PA2023-0202 (Attachment No. ZA 1). DISCUSSION • The applicant proposes to maintain an additional outdoor dining area that is a maximum of 1,350-square-feet including a 850-square-foot canopy. The outdoor dining area will include live entertainment and close at 10:00 p.m., daily. • The applicant has been operating the additional outdoor dining area since 2020, which was originally permitted through an Emergency Temporary Use Permit No. UP2020-128 and Emergency Coastal Development Permit No. CD2020-110 that expired. However, staff recommends allowing the outdoor area to operate until December 31, 2024, consistent with the conditions and terms of other approved limited term permits for outdoor dining in the area. • The outdoor dining area includes an 850-square-foot canopy. The project includes conditions of approval from the Fire Department and Building Division related to the canopy and outdoor dining area, including the requirement to obtain a building permit for the canopy. • The restaurant historically hosted private events with live entertainment inside the restaurant. Over the years, the private events have included use of the outdoor dining area and an open garden patio. However, the existing use permit for the restaurant, UP No. 1822, does not allow use of the open garden patio for private events or live entertainment. The outdoor live entertainment requires the construction of a soundwall to comply with the Newport Beach Municipal Code. • A noise analysis, Five Crowns Restaurant Outdoor Dining Noise Analysis (Noise Analysis) by RK Engineering Group, Inc. was prepared on June 13, 2024 (Attachment ZA 3). Pursuant to the Noise Analysis, a new block wall that attenuates the sound is required to allow outdoor live entertainment in compliance with the noise regulations of the Municipal Code. The project includes a condition requiring a building permit and construction of the sound attenuated wall designed pursuant to the details in the Noise Analysis. • The outdoor dining area will occupy existing open area adjacent the permanent outdoor dining authorized under the original Use Permit No. 1822. Both patios will close by 10:00 p.m. • The existing restaurant is served by an off-site parking lot across Poppy Avenue. Valet service is required for restaurant patrons for this parking lot, providing at least 2 Five Crowns Temporary Outdoor Dining (PA2023-0202) Zoning Administrator, July 25, 2024 Page 3 Tmplt: 01/18/23 82 parking spaces. The size and location of the parking lot provides ample parking for the temporary expanded outdoor dining area. • The project site is not located adjacent to a coastal view road or public access way. The site is located approximately 200 feet north of the Environmental Study Area, Buck Gully but the site is separated by Hazel Drive and single-family dwellings in between. The project site is approximately 1,400 feet from a public beach. The temporary patio is located within an existing rear yard area on the existing restaurant property. 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 Corona del Mar. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. • The outdoor dining area will be conditioned to be removed by December 31, 2024. An amendment to Use Permit No. 1822, including a potential parking waiver and coastal development permit, would be required to retain the outdoor dining area on a permanent basis. ENVIRONMENTAL REVIEW 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 Class 3 exemption includes a store, motel, office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The proposed scope of work is a maximum 1,350-square-foot outdoor dining patio including a 850-square-foot tent canopy with exterior live entertainment at an existing restaurant for a limited term and qualifies under the parameters of the Class 1 exemption. 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 3 Five Crowns Temporary Outdoor Dining (PA2023-0202) Zoning Administrator, July 25, 2024 Page 4 Tmplt: 01/18/23 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 the action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by: LAW/msw Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Noise Analysis ZA 4 SCE Decals ZA 5 Project Plans 4 Attachment No. ZA 1 Draft Resolution 5 RESOLUTION NO. ZA2024-### A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A TEMPORARY OUTDOOR DINING AREA WITH LIVE ENTERTAINMENT LOCATED AT 3801 EAST COAST HIGHWAY (PA2023-0202) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ryan Wilson, of Lawry’s Restaurants Inc., concerning property located at 3801 East Coast Highway, and legally described as Parcel 1 of Resubdivision 523 requesting approval of a Limited Term Permit. 2. The applicant requests a limited term permit and coastal development permit to allow an existing temporary outdoor dining patio to remain for a limited one-year-term at Five Crowns Restaurant. The expanded 1,350-square-foot dining area including an 850- square-foot canopy was originally approved by an Emergency Temporary Use Permit (ETUP) in 2020 as a temporary addition to their existing outdoor dining. Although the ETUP expired, the temporary outdoor dining area has remained in use. The outdoor dining area occupies existing open space behind the permanent outdoor dining. The outdoor dining area will include live entertainment and will close by 10:00 p.m. A sound wall will be installed along the rear property lines. The interior and exterior outdoor area have historically been used for private events on the weekends. The existing operating hours of the restaurant will remain the same. 3. The subject property is designated Corridor Commercial (CC) by the General Plan Land Use Element and is located within the Commercial Corridor (CC) Zoning District. 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Corridor Commercial 0.0-0.75 FAR (CC-B) and it is located within the Commercial Corridor (CC) Coastal Zoning District. 5. 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 relates to parking, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded 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 expanded outdoor dining area. 6. A public hearing was held on July 25, 2024, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal 6 Zoning Administrator Resolution No. ZA2024-### Page 2 of 12 01-17-23 Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15301 and under Class 1 (Existing Facilities), respectively, of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. The proposed scope of work includes a maximum 1,350-square-foot outdoor dining area at an existing restaurant for a 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 - Findings and Decision) 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 additional outdoor dining area at the rear of the property until December 31, 2024. The existing restaurant is authorized through Use Permit No. 1822 and includes approximately 750 square feet of permanent outdoor dining. 2. The additional outdoor 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. 7 Zoning Administrator Resolution No. ZA2024-### Page 3 of 12 01-17-23 The operation of the expanded outdoor dining area is limited until December 31, 2024, and has been reviewed and conditioned to preclude any detriment to the general welfare of the area. 3. The restaurant has been in operation since the 1950s with interior live entertainment and operating hours until 10:00 p.m. Historically, the indoor and outdoor area has been used for private events on the weekends. There is an existing outdoor dining patio that closes by 10:00 pm adjacent to the restaurant. 4. The proposed operation is conditioned to be accessible to all persons, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA). 5. 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. 6. The permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements. 7. The Limited Term Permit is conditioned to require a sound attenuation wall pursuant to the Five Crowns Restaurant Outdoor Dining Noise Analysis (Noise Analysis) prepared by RK Engineering Group, Inc. The sound attenuation wall would reduce noise to comply with the noise regulations of the NBMC during operation of the outdoor dining for private events with exterior live entertainment. Finding: B. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot; Facts in Support of Finding: 1. The subject lot is approximately 0.29 acres in size and is adjacent to East Coast Highway. Based upon the site plan, there is adequate area to accommodate the temporary outdoor dining area without impacting pedestrian circulation and parking as the dining area is within an enclosed rear yard. 2. The lot abuts East Coast Highway, and the restaurant is the sole use of the existing property. The existing food service use has existed at this site since the early 1950s. The additional outdoor dining use will not impede use and enjoyment of the properties in the area. 3. The additional outdoor dining area will occupy an existing outdoor area within the private property. 8 Zoning Administrator Resolution No. ZA2024-### Page 4 of 12 01-17-23 4. A sound attenuation wall will be constructed to reduce noise pursuant to the Noise Analysis prepared by RK Engineering Group, Inc. 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; Fact in Support of Finding: 1. The existing restaurant parking is provided within a large off-site parking lot across Poppy Avenue. The parking lot is owned by the restaurant and will remain accessible from Poppy Avenue for guests and employees of the business. The existing Use Permit No. 1822 requires valet service for the restaurant parking maximizing the number of parking spaces to at least 82 spaces. 2. The additional outdoor dining area occupies an existing open yard within the restaurant property and does not impede access or traffic. The parking for the restaurant is provided at an off-site lot across Poppy Avenue and is managed by valet service. Use of the outdoor dining area would be in conjunction with the existing restaurant and utilize the existing valet and off-site parking. Any private events associated with the restaurant would also use the off-site parking with valet. Therefore, the additional outdoor dining area does not impact traffic or parking. 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. Pursuant to Assembly Bill No. 1217, as it relates to parking, the City of Newport Beach has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas. Therefore, the City is able to reduce the number of required parking spaces for the existing use to accommodate an expanded temporary outdoor dining area. 2. The existing restaurant is served by an off-site parking lot across Poppy Avenue. Valet service is included for restaurant patrons for this parking lot, providing at least 82 parking spaces. The size and location of the parking lot provides ample parking for the temporary expanded outdoor dining area. 3. The commercial corridor of Corona Del Mar provides public on-street parking along East Coast Highway. Additionally, Five Crown historically serves the surrounding residential neighborhood with a higher volume of pedestrian traffic. 9 Zoning Administrator Resolution No. ZA2024-### Page 5 of 12 01-17-23 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 and Zoning designation for this site is CC (Corridor Commercial/Commercial Corridor). The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. The temporary outdoor dining use is an accessory to the existing food service use with outdoor dining, will be utilized for a limited duration on-site, and will contribute to the neighborhood serving use. 2. The Limited Term Permit for the expanded outdoor dining would complement and be consistent with the other commercial uses permitted within the Commercial Corridor in that it provides amenities that support the 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 LU2, below. Additional benefits include providing opportunities for the continuation of local businesses that generate sales tax and provide opportunities for employment, which is consistent with General Plan Land Use Element Policy LU 2.4 (Economic Development), also copied below: Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve 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) 3. 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 Corona del Mar. 4. The site is not located within a specific plan area. 10 Zoning Administrator Resolution No. ZA2024-### Page 6 of 12 01-17-23 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 project site is not located adjacent to a coastal view road or public access way. The site is located approximately 200 feet north of the Environmental Study Area, Buck Gully but the site is separated by Hazel Drive and single-family dwellings in between. The project site is approximately 1,400 feet from a public beach. The temporary patio is located within an existing rear yard area on the existing restaurant property. 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 Corona del Mar. Additionally, the project does not contain any unique features that could degrade the visual quality of the coastal zone. 2. The Property is located in the coastal zone and the proposed improvements require a coastal development permit in accordance with Newport Beach Municipal Code (NBMC) Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit Requirements). The improvements constitute a change in the intensity of the existing use by adding additional temporary dining opportunities at the site. The expanded outdoor dining area are minor detached structures including a canopy. The location of these improvements does not pose a conflict to coastal resources, coastal access, or other adverse environmental effects. 3. The proposed improvements are complementary to the area; the subject restaurant and other restaurants in Corona del Mar have similar outdoor dining improvements. The additional temporary outdoor dining area will not be visible from surrounding areas or any public viewpoints, as the patio is in the rear of the property behind substantial foliage and proposed block wall. The closest coastal view road as designated by the Coastal Land Use Plan is at the intersection of Poppy Avenue and Ocean Boulevard approximately 1,200 feet west. The closest coastal viewpoint, as designated in the Local Coastal Land Use Plan, is at Inspiration Point and also approximately 1,200 feet to the west. 4. There are no existing City utilities within the expanded outdoor dining area. 5. Development authorized by this permit is not located in any environmentally sensitive habitat area and public access to the coast will not be blocked. Coastal access is increased by allowing commercial establishments to re-open allowing the public to visit coastal areas and provides an added amenity for visitors. The proposed operation does 11 Zoning Administrator Resolution No. ZA2024-### Page 7 of 12 01-17-23 not contain Environmentally Sensitive Habitat Areas (ESHA), wetlands, or sandy beach area; 6. The authorized development is not located in an area in which the California Coastal Commission retains direct permit review or appeal 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 subject property is not located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. The property is located approximately 1,400 feet from a public beach or harbor and is not located near a public access point designated by the Coastal Land Use Plan. The nearest vertical and lateral access point is approximately 1,200 feet away at Little Corona Beach and the outdoor patio would not obstruct access along these routes. 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) 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 PA2023-0202, subject to the conditions outlined 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 a call for review is filed with the Community Development Director by the provisions of Title 20 Planning and Zoning or Title 21 (Local Coastal Program Implementation Plan), of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF JULY, 2024. _____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator 12 Zoning Administrator Resolution No. ZA2024-### Page 8 of 12 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL 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 project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. The approval of this Limited Term Permit and Coastal Development Permit shall be effective until December 31, 2024. The applicant shall be required to cease all permitted operations and remove any temporary improvements (not including the sound wall) made to the outdoor spaces as part of this approval on or before the end of the effective period. An amendment to Use Permit No. 1822, including a potential parking waiver and coastal development permit, would be required to retain the outdoor dining area on a permanent basis. 4. The expanded outdoor dining area shall not exceed 1,350 square feet. 5. Live entertainment and private events within the outdoor area on the restaurant property (including the expanded temporary outdoor dining area) shall remain ancillary to the primary use of the site as a restaurant. 6. A sound attenuation wall shall be constructed pursuant to the details and conditions in the Noise Analysis prepared by RK Engineering Group, Inc. dated June 13, 2024. The sound wall shall require the issuance of a building permit and may remain in place after the end of the effective period. 7. All Building and Fire permits shall be obtained for the canopy. Changes to the existing unpermitted canopy may be required to obtain the necessary permits. 8. 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 10 p.m., daily. 9. The Applicant shall obtain and maintain authorization from the State Department of Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of alcohol is under the control of the applicant. The establishment shall abide by all applicable regulations of the State Department of Alcoholic Beverage Control. 13 Zoning Administrator Resolution No. ZA2024-### Page 9 of 12 01-17-23 10. 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. 11. The sale of alcohol “To-Go” to patrons that dine within the expanded outdoor patios shall be prohibited. 12. The establishment shall abide by all applicable Orange County Health Care Agency requirements. 13. The permittee shall provide adequate trash receptacles within the permitted patio 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 property. 14. The Community Development Director or designee may inspect the modified area at any time during normal business hours. 15. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 16. 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 Use Permit. 17. This Limited Term 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. 18. 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. 19. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 (Community Noise Control), under Sections 10.26.025 (Exterior Noise Standards) and 10.26.030 (Interior Noise Standards), and other applicable noise control requirements of the Newport Beach Municipal Code (NBMC). 20. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent. 21. No outside paging system shall be utilized in conjunction with this establishment. 14 Zoning Administrator Resolution No. ZA2024-### Page 10 of 12 01-17-23 22. The exterior of the business 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. 23. 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 (not covered in the existing ABC License), include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 24. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any 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 Five Crowns Temporary Outdoor Dining including, but not limited to, PA2023-0202. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Fire Department 25. Heat Lamps or other heating elements shall comply with the following requirements in accordance with Section 3107.12 of the California Fire Code: • 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. • Electric Heaters must be Underwriters Laboratory (UL) Listed for use within tents/and or canopies. • Propane and other fuel-based heating devices with blowers may be permitted, with the heating element located at a minimum of 10 feet from the edge of the tent or canopy. • All heating equipment installations shall be approved for the Fire Code official. 26. Covered outdoor dining areas (separate or consolidated) shall comply with the following standards for tents larger than 400 square feet (two or more walls) and/or canopies larger than 700 square feet (no walls or one wall): • Post maximum occupant load. • Do not exceed posted occupant load inside the tent or canopy. 15 Zoning Administrator Resolution No. ZA2024-### Page 11 of 12 01-17-23 •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. •Does not cover the exit path from the building rear door. 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 Marshall 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. Building Division 27.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. c.Accessible parking stalls shall not be used for seating areas when onsite parking is provided. d.At least one 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. f.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. 28.Provide not less than 5% accessible seating at tables and counters with knee clearance of at least 27-inches-high, 30-inches-wide, and 19-inches-deep. 29.The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above the finish floor. 30.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. 31.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. 32.Accessible routes, including under canopy(ies) and other overhead improvements shall maintain a minimum clear height of 80 inches. 16 Zoning Administrator Resolution No. ZA2024-### Page 12 of 12 01-17-23 33.All electrical distribution lines shall be in good working order and shall be protected from pedestrian and vehicular traffic and shall accommodate accessibility. Public Works Department 34.There shall be a minimum of 5 feet of clearance around all overhead facilities, such as poles, and 15 feet of clearance around all underground facilities, such as vault lids, manholes, vent pipes, pad-mounted transformers, etc. 35.Seating or structures below overhead conductors and/or under the ‘drip line’ shall be prohibited. 36.Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc. 37.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 PA2023-0202 3801 East Coast Highway Subject Property 19 Attachment No. ZA 3 Noise Analysis 20 June 13, 2024 Mr. Ryan O’Melveny Wilson FIVE CROWNS 3801 East Coast Highway Corona Del Mar, CA 92625 Subject: Five Crowns Restaurant Outdoor Dining Noise Analysis, City of Newport Beach Dear Mr. Wilson: 1.0 Introduction RK ENGINEERING GROUP, INC. (RK) is pleased to provide the following noise analysis for the Five Crowns Restaurant Project (hereinafter referred to as “project”), located at 3801 East Coast Highway, in the City of Newport Beach. The proposed project consists of a Limited Term Permit (LTP) application to enable the use of the restaurant’s outdoor patio area. The outdoor patio area is approximately 1,300 square feet and can accommodate up to sixty-eight (68) guests under normal operating conditions. The patio is enclosed by a 5-foot-high property line wall, with a portion of the wall fitted with glass panels on top. The patio features a 30-foot by 15-foot canvas patio cover and dense shrubs along a portion of the exterior wall to help shield it from the neighboring residential homes located along Hazel Drive. The project is proposing to install a new windscreen along the southeastern and southwestern outdoor patio boundaries, extending the height of the existing property line wall. This report analyzes the potential noise impacts associated with the operation of the outdoor patio area. The patio will only be utilized during daytime hours (7:00 a.m. to 10:00 p.m.), and typical operational noise would consist of guests dining, talking, and ambient background music. Noise impacts from the proposed project are modeled at the adjacent residential homes located southeast of the project site on the opposite side of Hazal Drive, approximately 40 feet from the project’s existing property line wall. 21 FIVE CROWNS RK19954 Page 2 rk19954.doc JN:3118-2023-02 A location map of the Five Crowns Restaurant, including receptor locations, is provided in Exhibit A. The LTP Outdoor Dining Plans (site plans) used for this analysis, provided by ROBINSON HILL ARCHITECTURE, INC., are provided in Exhibits B-1 and B-2. The assumptions used to model project-related noise are based on this LTP outdoor dining plan. 1.1 Project Design Features The following design features will be integrated into the project design and have been used as assumptions for the noise impact analysis. DF-1 The project will install additional barrier shielding and increased wall heights around the perimeter of the outdoor patio area. The proposed screening design and wall heights are shown in Exhibit B-2. The barrier shielding will be at least 3.5 pounds per square foot of face area without decorative cutouts or line-of-sight openings between shielded areas. Any gaps will be filled with grout or caulking to avoid noise flanking. The noise control barrier may be constructed using one, or any combination of the following materials: • Concrete Masonry Unit (CMU) block. • Stucco veneer over wood framing (or foam core), or 1-inch-thick tongue and groove wood of sufficient weight per square foot. • Outdoor rated acoustical paneling with sufficient weight per square foot. • Transparent glass (5/8-inch-thick), acrylic, polycarbonate, or other transparent material with sufficient weight per square foot. DF-2 For proper acoustical performance, the rear gate on Hazel Drive will be replaced with one that meets the necessary design requirements described above. The new barrier wall will enclose the space above the gate, up to 10 feet high, and the gate will have a positive seal, free of gaps on all sides, and remain shut except to allow ingress or egress. DF-3 The project will install outdoor acoustical paneling with sound absorbative materials along the ceiling of the covered patio area. 22 FIVE CROWNS RK19954 Page 3 rk19954.doc JN:3118-2023-02 DF-4 The project will maintain dense shrubbery and vegetation along the rear and side walls of the outdoor patio area to help shield neighbors to the south and southeast. The shrubbery and vegetation will be maintained at the same height as the outdoor patio walls and screening. 2.0 City of Newport Beach Noise Standards The City of Newport Beach Municipal Code Chapter 10.26 – Community Noise Control defines the following exterior noise standards for land uses within the City: A.The following noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone: Table 1 Allowable Exterior Noise1 Noise Zone Type of Land Use Allowable Exterior Noise Level (Equivalent Noise Level, Leq) 7:00 a.m. to 10:00 p.m.10:00 p.m. to 7:00 a.m. I Single-, two-, or multiple-family residential 55 dBA 50 dBA II Commercial 65 dBA 60 dBA III Residential portions of mixed-use properties 60 dBA 50 dBA IV Industrial or manufacturing 70 dBA 70 dBA 1 Source: City of Newport Beach Municipal Code Section 10.26.025 – Exterior Noise Standards. If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B.It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1.The noise standard for the applicable zone for any fifteen-minute period; 23 FIVE CROWNS RK19954 Page 4 rk19954.doc JN:3118-2023-02 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A- weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. A copy of Municipal Code Chapter 10.26 is provided in Appendix A. 3.0 Noise Modeling Procedures and Criteria Project-related noise impacts were analyzed using SoundPLANTM 3-D noise modeling software. SoundPLANTM is a standards-based program that incorporates more than twenty national and international noise modeling guidelines. Projected noise levels in SoundPLANTM are based on the following key parameters: • Developing three-dimensional noise models of the project site and surrounding topography • Predicting the noise levels at the selected community locations, and • Comparing the predicted noise levels with the existing community ambient noise levels at the receptor locations. • The noise model was validated based on the measured noise levels by RK. The sides of buildings, walls, etc. were modeled as reflective surfaces and also as diffractive bodies. Most of the ground within the project site and adjacent areas are paved roads and residential yards and are modeled as a hard site (Ground Factor = 0). The Effective Flow Resistivity for field grass is the SoundPLAN default. The elevation profile for the project site is derived from Google Earth. Receptors are placed at 5 feet above ground level. 24 FIVE CROWNS RK19954 Page 5 rk19954.doc JN:3118-2023-02 Sound Power and Sound Pressure Level Sound power level is the acoustic energy emitted by a source which produces a sound pressure level at some distance. While the sound power level of a source is fixed, the sound presser level depends upon the distance from the source and the acoustic characteristics of the area in which it is located. SoundPLANTM requires that the source noise level be input using a sound power level which must be back calculated based on a measured sound pressure level. The sound power level is calculated using SoundPLAN software by calibrating the source noise level to equal the sound pressure level at an equal distance from the source in which the referenced measurement was taken. 3.1 Referenced Noise Levels Reference noise levels were obtained to model typical day-to-day outdoor dining operations. Project-related noise was modeled utilizing the referenced noise levels of “Restaurants with Music” from the SoundPLANTM emission spectra library. The referenced noise levels include the sound from typical restaurant operations, such as guests dining and talking, and background music being played. The referenced noise levels were input into the SoundPLANTM model and projected from the source to the receptor locations. The model projections take into account the noise attenuation effects from distance, local topography, ground effects, and physical barriers to arrive at the predicted noise levels at the receptor locations. Table 2 indicates the referenced noise levels for “Typical Operations” noise. Table 2 Referenced Noise Levels – “Typical Operations” Conditions1 Source Distance from Noise Source (feet) Noise Levels (dBA) Leq Lmax Restaurant with Music (Typical Operations) 3.0 67.2 75.2 1 Source: SoundPLANTM emission spectra library. 25 FIVE CROWNS RK19954 Page 6 rk19954.doc JN:3118-2023-02 4.0 Noise Modeling Results Noise impacts under the “Typical Operations” scenario are assessed at the property lines of the five (5) nearest residential homes to the project site. The project will be required to comply with the City of Newport Beach daytime noise standards of 55.0 dBA Leq and 75.0 dBA Lmax. Tables 4 shows the projected Leq noise levels at the adjacent residential property lines under the “Typical Operations” Scenario. The project is not expected to exceed the City of Newport Beach daytime exterior noise standards of 55.0 dBA Leq. Table 3 Project Noise Levels (dBA Leq) “Typical Operations” Receptor Address Project Noise Contribution (dBA Leq) City of Newport Beach Noise Level Criteria (dBA Leq)1 Noise Level Exceeds Standard (?) 1 3901 East Coast Hwy. 29.4 55.0 No 2 3901 East Coast Hwy. 38.3 No 3 352 Hazel Dr. 37.4 No 4 344 Hazel Dr. 33.5 No 5 340 Hazel Dr. 32.1 No 1 City of Newport Beach Municipal Code Section 10.26.025 – Daytime Exterior Noise Standard for single family residential land uses. Table 5 shows the projected noise Lmax noise levels at the adjacent residential property lines under the “Typical Operations” Scenario. The project is not expected to exceed the City of Newport Beach daytime exterior noise standards of 75.0 dBA Lmax. 26 FIVE CROWNS RK19954 Page 7 rk19954.doc JN:3118-2023-02 Table 4 Projected Noise Levels at Receptors (dBA Lmax) – “Typical Operations” Scenario Receptor Address Project Noise Contribution (dBA Lmax) City of Newport Beach Noise Level Criteria (dBA Lmax)1 Noise Level Exceeds Standard (?) 1 3901 East Coast Hwy. 37.4 75.0 No 2 3901 East Coast Hwy. 46.3 No 3 352 Hazel Dr. 45.4 No 4 344 Hazel Dr. 41.5 No 5 340 Hazel Dr. 40.1 No 1 City of Newport Beach Municipal Code Section 10.26.025 – Daytime Exterior Noise Standard for single family residential land uses. Appendix B provides the noise calculation sheets for the “Typical Operations” scenario, and the results are graphically illustrated in Exhibits C through F. 5.0 Conclusions Based on the results of this analysis, noise levels associated with the typical outdoor dining operations at the Five Crowns Restaurant comply with the City of Newport Beach residential noise standards of 55.0 dBA Leq and 75.0 dBA Lmax. RK is pleased to assist the FIVE CROWNS with this noise evaluation. If you have any questions regarding this study, please call us at (949) 474-0809. Sincerely, RK ENGINEERING GROUP, INC. Bryan Estrada, AICP Becca Morrison Principal Environmental Specialist Attachments 27 ______________________________________________________________________ ______________________________________________________________________________ Attachments 28 engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Location Map Exhibit A Legend: = Project Site = Project Site Boundary N Residential Receptors 29 engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Site Plan Exhibit B-1 N 30 Exhibit B-2 Proposed Wall Heights NN engineering group, inc. engineering3118-2023-02 FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 31 engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Operational Noise Levels (dBA Leq) - "Typical Operations" Scenario Exhibit C N 32 engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Operational Noise Contours (dBA Leq) - "Typical Operations" Scenario Exhibit D N 33 engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Operational Noise Levels (dBA Lmax) - "Typical Operations" Scenario Exhibit E N 34 engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Operational Noise Contours (dBA Lmax) - "Typical Operations" Scenario Exhibit F N 35 Appendix A City of Newport Beach Municipal Code Chapter 10.26 – Community Noise Control 36 37 38 39 40 41 42 43 44 45 46 47 Appendix B SoundPLANTM Noise Calculations Worksheets 48 Level Source name Traffic lane Day Night dB(A) 1 1.Fl 22.4 22.4 Typical Outdoor Dining Noise -22.4 22.4 2 1.Fl 31.3 31.3 Typical Outdoor Dining Noise -31.3 31.3 3 1.Fl 30.4 30.4 Typical Outdoor Dining Noise -30.4 30.4 4 1.Fl 26.5 26.5 Typical Outdoor Dining Noise -26.5 26.5 5 1.Fl 25.1 25.1 Typical Outdoor Dining Noise -25.1 25.1 Contribution levels of the receivers RK Engineering Group Inc. 49 Level Source name Traffic lane Day Night dB(A) 1 1.Fl 37.4 37.4 Typical Outdoor Dining Noise -37.4 37.4 2 1.Fl 46.3 46.3 Typical Outdoor Dining Noise -46.3 46.3 3 1.Fl 45.4 45.4 Typical Outdoor Dining Noise -45.4 45.4 4 1.Fl 41.5 41.5 Typical Outdoor Dining Noise -41.5 41.5 5 1.Fl 40.1 40.1 Typical Outdoor Dining Noise -40.1 40.1 Contribution levels of the receivers RK Engineering Group Inc. 50 Attachment No. ZA 4 SCE Decals 51 SOUTHERN CALIFORNIA EDISON TRANSMISSION AND DISTRIBUTION BUSINESS UNIT Approved Decals June 8, 2020 52 53 D5454 Attachment No. ZA 5 Plans 55 Five Crowns 3801 East Coast Highway Temporaray Outdoor Dining AreaLimited Term Permit and Coastal Development Permit October 2023 Tandem parking Five Crowns Temporary Outdoor Dining Patio 1,350 sq.ft. expanded outdoor dining in existing patio/garden (68 seats, refer to seating layout) 850 sqft of the temporary patio is covered by a 28' x 30' x 25' high framed white tent canopy (dark blue). Remaining temporary patio area is uncovered (light blue) 56 City of Newport Beach 7HPSRUDU\8VH3HUPLW3URJUDP 'DWH10/24/2023 Business:)LYH&URZQV Address: ( &RDVW+LJKZD\&RURQDGHO0DU&$ __________________________________ Business Owner's Signature: Site Plan PA2020-227DocuSign Envelope ID: 552BDCCA-C996-4FFB-B755-86C973BE1088 57 1 From:Whelan, Melinda Sent:July 22, 2024 8:15 AM Subject:FW: September 17 Sunday Evening 9:30 PM Loud Amplified Band-- Five Crowns July 25, 2024 Agenda Item No. 2 Attachments:20230917_213045_402282913800131.mp4; 20230917_214639_402654279683583.mp4; 230525 Notice Letter (F w Ex).PDF From: Kenneth Catanzarite <kcatanzarite@catanzarite.com> Sent: July 21, 2024 9:10 PM To: Whelan, Melinda <MWhelan@newportbeachca.gov> Cc: Kim Catanzarite <kec@catanzarite.com>; Herb & Harriet Malmon (hmalmon@hotmail.com) <hmalmon@hotmail.com> Subject: FW: September 17 Sunday Evening 9:30 PM Loud Amplified Band-- Five Crowns July 25, 2024 Agenda Item No. 2 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Attached is my notice letter to Code Enforcement. Ken From: Kenneth Catanzarite Sent: Sunday, July 21, 2024 9:08 PM To: Melinda Whelan (mwhelan@newportbeachca.gov) <mwhelan@newportbeachca.gov> Cc: Kim Catanzarite <kec@catanzarite.com>; Herb & Harriet Malmon (hmalmon@hotmail.com) <hmalmon@hotmail.com> Subject: FW: September 17 Sunday Evening 9:30 PM Loud Amplified Band-- Five Crowns July 25, 2024 Agenda Item No. 2 Planner Whelan: We were not able to read the material on Agenda Item No. 2 until Saturday Morning. See attached information videos with sound. This is what they want to do with their permit, loud, amplified out of control music. We shared with Code Enforcement during the heightened and abusive period that we went on for months by Five Crowns. I personally went into the restaurant to ask them to stop late at night 10 pm plus and they told me to leave they had a permit. We found out they never did and were caught in a lie. My wife Kim and I own 352 and 354 Hazel and Herb and Harriet Malmon own 356 Hazel. We are the seriously and adversely impacted property owners that would suffer even more than we have already endured previously if the City allows itself to be deceived by Five Crowns to restart its loud, raucous parties with seriously amplified band music 7 days a week until 10 pm. As you can see we had requested Code Enforcement multiple times concerning Five Crowns abusive conduct which continued and in fact worsened after we requested they stop. While they characterize themselves as good neighbors they are not, they are abusive operators seeking to maximize profits by holding events in essentially our front yard (see videos). We understand from conversations with Code Enforcement they were cited and for amplified out of control Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) 2 band music- please check their records. Once that happened along with our complaint to the City they stopped but we see now they are seeking now authorization to restart. In this regard: First, we note that we were not at all contacted concerning this proposed use by anyone at the City. Importantly there is nothing from Five Crowns talking to us at all because they know we would, as we have in the past strenuously object. Second, this is a most serious matter and the facts supporting the application are demonstrably false as is the purported expert report based upon modeling that is simply wrong. The facts presented are patently false. Five Crowns does not propose background dinner music but instead to return to what we fought about for over a year. They intend to restart band music 7 days a week until 10pm at night. This in a word is abusive. Third, we intend to engage our own experts and I believe you would agree that the time you have allotted is wholly inadequate to allow us to fulsomely prepare our opposition. Fourth, we request that you contact code enforcement who will give you their first hand reports of the out of control band music Five Crowns intends to restart based upon their false facts. Fifth, we therefore request that you continue this matter from the agenda for July 25 and put it over 30 days so that we can retain our sound engineers , so they can visit our site and review the other expert report and sufficient time so our experts can complete their report for presentation. The City is otherwise not affording us as the impacted property owners’ due process. If you will not continue then please send Zoom connections to all on this email so that we can log on to make our record should you grant this permit. I will call you tomorrow to discuss this matter. Ken From: Kenneth Catanzarite Sent: Monday, September 18, 2023 4:42 AM To: Aydee Inzunza (ainzunza@newportbeachca.gov) <ainzunza@newportbeachca.gov>; Monique Navarrete (mnavarrete@newportbeachca.gov) <mnavarrete@newportbeachca.gov>; Jonathan Munoz (JMunoz@newportbeachca.gov) <JMunoz@newportbeachca.gov> Cc: Kim Catanzarite <kec@catanzarite.com> Subject: September 17 Sunday Evening 9:30 PM Loud Amplified Band We once again object to the partying at Five Crowns disrupting the quiet enjoyment of 352 and 354 Hazel Drive. Attached are the recorded sounds from the front of our property. We called last night to report a loud amplified band at 9:30. Our research is that Five Crowns had no permits for these gatherings nor a permit for amplified music. We thought that they had been cited and would stop this conduct. What action has been taken thus far? What more can be done? Five Crowns management obviously is willing to accept citations from time to time as a cost of doing business for their lucrative parties. We would like a response from the City on what will be done and when. We look forward to your response. Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) 3 Kenneth J. Catanzarite Catanzarite Law Corporation 2331 West Lincoln Avenue Anaheim, CA 92801 Direct Dial: (714) 678-2100 Direct Fax: (714) 399-0577 Office Phone: (714) 520-5544 Office Fax: (714) 520-0680 NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential, may be legally privileged and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. 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Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2a Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Community Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: Benjamin M. Zdeba, Zoning Administrator From: Melinda Whelan, Assistant Planner Date: July 23, 2024 Re: July 25, 2024, Zoning Administrator Item No. 2 for PA2023-0202: Five Crowns Temporary Outdoor Dining Post distribution of the Staff Report, the Applicant provided a supplemental Noise Analysis prepared by RK Engineering Group, Inc. dated June 13, 2024. The supplemental noise analysis, Five Crowns Restaurant Private Events Noise Analysis (Private Events Noise Analysis), was prepared specifically to address noise related to private events including live entertainment in the rear patio area of the restaurant. The Private Events Noise Analysis is attached as additional materials. The Private Events Noise Analysis addresses noise from events such as weddings, banquets, and receptions with live or amplified music, DJs, and/or dancing. Based on the analysis, six design features are required to be implemented to meet City of Newport Beach Noise Standards during the events. Therefore, staff is recommending that Condition of Approval No. 6 be revised and an additional condition be added to require implementation of the additional design features recommended by the report. A minor change to Condition of Approval No. 3 is also proposed for clarity. The proposed changes to Condition of Approval Nos. 6 and 3 are in italics below: 6.A sound attenuation wall shall be constructed pursuant to the details and specifications in the Noise Analyses prepared by RK Engineering Group, Inc. both dated June 13, 2024. The sound wall and design features identified below shall require the issuance of a building permit and may remain in place after the end of the effective period. In addition to the sound wall, Design Features DF-2 (New 10-Foot-Tall Gate on Hazel Drive), DF-3 (Acoustical Paneling on Covered Patio), DF-4 (Maintain Dense Shrubbery), and DF-5 (Speaker Location Requirements for Private Events), as found under Section 1.1 Project Design Features of the report, shall be provided and permanently maintained in good condition for the duration of the project (i.e. outdoor patio live entertainment). Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Community Development Department 3.The approval of this Limited Term Permit and Coastal Development Permit shall be effective until December 31, 2024. The applicant shall be required to cease all permitted operations and remove any temporary improvements (not including the sound wall) made to the outdoor spaces as part of this approval on or before the end of the effective period. An amendment to Use Permit No. 1822, including a potential parking waiver and coastal development permit, would be required to retain the outdoor dining area on a permanent basis. Issuance of a building permit for permanent structures (e.g. block wall) shall not be interpreted as an approval of the outdoor patio for live entertainment on a permanent basis. Additionally, Staff proposes an additional condition to state the following regarding the private events and live entertainment: 8. Pursuant to the Noise Analyses prepared by RK Engineering Group, Inc. both dated June 13, 2024, the applicant shall comply with Design Feature DF-6. As such, a follow-up noise analysis and on-going monitoring shall be provided by the Applicant once the physical improvements have been implemented to determine the maximum permissible noise levels for speakers and private events. Based on the preliminary analysis, noise levels on the patio shall not exceed 80.0 dBA Leq, when measured for a 15-minute period, or 100 dBA Leq, when measured for a 15-minute period, or 100 dBA Lmax at any time, when measured 3 feet from the source. Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) June 13, 2024 Mr. Ryan O’Melveny Wilson FIVE CROWNS 3801 East Coast Highway Corona Del Mar, CA 92625 Subject: Five Crowns Restaurant Private Event Noise Analysis, City of Newport Beach Dear Mr. Wilson: 1.0 Introduction RK ENGINEERING GROUP, INC. (RK) is pleased to provide the following noise analysis for the Five Crowns Restaurant Project (hereinafter referred to as “project”), located at 3801 East Coast Highway, in the City of Newport Beach. The proposed project consists of a Limited Term Permit (LTP) application to enable the use of the restaurant’s outdoor patio area. The outdoor patio area is approximately 1,300 square feet and can accommodate up to sixty-eight (68) guests under normal operating conditions. The patio is enclosed by a 5-foot-high property line wall, with a portion of the wall fitted with glass panels on top. The patio features a 30-foot by 15-foot canvas patio cover and dense shrubs along a portion of the exterior wall to help shield it from the neighboring residential homes located along Hazel Drive. The project is proposing to install a new windscreen along the southeastern and southwestern outdoor patio boundaries, extending the height of the existing property line wall. The project proposes to host private events in the outdoor patio area during daytime hours (7:00 a.m. to 10:00 p.m.). Private events may include weddings, banquets, and receptions with live or amplified music, DJs, and dancing. Noise impacts from the proposed private events are modeled at the adjacent residential homes located southeast of the project site on the opposite side of Hazal Drive, approximately 40 feet from the project’s existing property line wall. Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) FIVE CROWNS RK19955 Page 2 rk19955.doc JN:3118-2023-02 A location map of the Five Crowns Restaurant, including receptor locations, is provided in Exhibit A. The LTP Outdoor Dining Plans (site plans) used for this analysis, provided by ROBINSON HILL ARCHITECTURE, INC., are provided in Exhibits B-1 and B-2. The assumptions used to model project-related noise are based on this LTP outdoor dining plan. 1.1 Project Design Features The following design features will be integrated into the project design and have been used as assumptions for the noise impact analysis. DF-1 The project will install additional barrier shielding and increased wall heights around the perimeter of the outdoor patio area. The proposed screening design and wall heights are shown in Exhibit B-2. The barrier shielding will be at least 3.5 pounds per square foot of face area without decorative cutouts or line-of-sight openings between shielded areas. Any gaps will be filled with grout or caulking to avoid noise flanking. The noise control barrier may be constructed using one, or any combination of the following materials: • Concrete Masonry Unit (CMU) block. • Stucco veneer over wood framing (or foam core), or 1-inch-thick tongue and groove wood of sufficient weight per square foot. • Outdoor rated acoustical paneling with sufficient weight per square foot. • Transparent glass (5/8-inch-thick), acrylic, polycarbonate, or other transparent material with sufficient weight per square foot. DF-2 For proper acoustical performance, the rear gate on Hazel Drive will be replaced with one that meets the necessary design requirements described above. The new barrier wall will enclose the space above the gate, up to 10 feet high, and the gate will have a positive seal, free of gaps on all sides, and remain shut during except to allow emergency access. DF-3 The project will install outdoor acoustical paneling with sound absorbative materials along the ceiling of the covered patio area. Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) FIVE CROWNS RK19955 Page 3 rk19955.doc JN:3118-2023-02 DF-4 The project will maintain dense shrubbery and vegetation along the rear and side walls of the outdoor patio area to help shield neighbors to the south and southeast. The shrubbery and vegetation will be maintained at the same height as the outdoor patio walls and screening. DF-5 During a private event, all speakers will be located under the covered patio and will be located at least 5 feet away from the property line wall along Hazel Drive. Speakers will be placed no more than 5 feet above ground level and face towards the interior of the site. DF-6 A follow-up noise analysis and on-going noise monitoring will be provided once the physical improvements have been implemented to determine the maximum permissible noise levels for speakers and private events allowed on the patio. Based on this preliminary analysis, noise levels on the patio should not exceed 80.0 dBA Leq, when measured for a 15-minute period, or 100 dBA Lmax at any time, when measured 3 feet from the source. 2.0 City of Newport Beach Noise Standards The City of Newport Beach Municipal Code Chapter 10.26 – Community Noise Control defines the following exterior noise standards for land uses within the City: A.The following noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone: Table 1 Allowable Exterior Noise1 Noise Zone Type of Land Use Allowable Exterior Noise Level (Equivalent Noise Level, Leq) 7:00 a.m. to 10:00 p.m.10:00 p.m. to 7:00 a.m. I Single-, two-, or multiple-family residential 55 dBA 50 dBA II Commercial 65 dBA 60 dBA III Residential portions of mixed-use properties 60 dBA 50 dBA IV Industrial or manufacturing 70 dBA 70 dBA 1 Source: City of Newport Beach Municipal Code Section 10.26.025 – Exterior Noise Standards. Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) FIVE CROWNS RK19955 Page 4 rk19955.doc JN:3118-2023-02 If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A- weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. A copy of Municipal Code Chapter 10.26 is provided in Appendix A. 3.0 Noise Modeling Procedures and Criteria Project-related noise impacts were analyzed using SoundPLANTM 3-D noise modeling software. SoundPLANTM is a standards-based program that incorporates more than twenty national and international noise modeling guidelines. Projected noise levels in SoundPLANTM are based on the following key parameters: • Developing three-dimensional noise models of the project site and surrounding topography • Predicting the noise levels at the selected community locations, and Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) FIVE CROWNS RK19955 Page 5 rk19955.doc JN:3118-2023-02 • Comparing the predicted noise levels with the existing community ambient noise levels at the receptor locations. • The noise model was validated based on the measured noise levels by RK. The sides of buildings, walls, etc. were modeled as reflective surfaces and also as diffractive bodies. Most of the ground within the project site and adjacent areas are paved roads and residential yards and are modeled as a hard site (Ground Factor = 0). The Effective Flow Resistivity for field grass is the SoundPLAN default. The elevation profile for the project site is derived from Google Earth. Receptors are placed at 5 feet above ground level. Sound Power and Sound Pressure Level Sound power level is the acoustic energy emitted by a source which produces a sound pressure level at some distance. While the sound power level of a source is fixed, the sound presser level depends upon the distance from the source and the acoustic characteristics of the area in which it is located. SoundPLANTM requires that the source noise level be input using a sound power level which must be back calculated based on a measured sound pressure level. The sound power level is calculated using SoundPLAN software by calibrating the source noise level to equal the sound pressure level at an equal distance from the source in which the referenced measurement was taken. 3.1 Referenced Noise Levels Noise levels were modeled under a “Private Events” scenario. This scenario depicts noise levels generated during outdoor private events. Project-related noise was modeled under each scenario utilizing the referenced noise levels described in the sections below. The referenced noise levels were input into the SoundPLANTM model and projected from the source to the receptor locations. The model projections take into account the noise attenuation effects from distance, local topography, ground effects, and physical barriers to arrive at the predicted noise levels at the receptor locations. Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) FIVE CROWNS RK19955 Page 6 rk19955.doc JN:3118-2023-02 3.1.2 “Private Events” Noise In order to estimate potential noise levels generated by private events, RK collected noise level data during a private event held on September 23, 2023. The private event consisted of a wedding with approximately 60 guests, a DJ, and amplified music. Noise level measurements were conducted approximately 3 feet from the DJ station and speakers during the private event using a Larson Davis 812 Type 1 sound level meter. The collected noise level data represents a worst-case scenario, as it is indicative of current private event noise, without implementation of any of the design features described in Section 1.1 of this report. Furthermore, based on discussions with 5 Crowns representatives, the private event was one of the larger events held at the restaurant. Appendix B includes field data and photos. Noise levels collected during the private event reached up to 97.8 dBA Leq and 103.9 dBA Lmax. However, as described in Section 1.1, the proposed project will implement an on- going noise monitoring program to determine the maximum permissible noise levels for the speakers and private events allowed on the patio. Therefore, the following referenced noise levels have been utilized to assess noise level impacts under the “Private Events” scenario. Table 2 Referenced Noise Levels – “Private Events” Conditions1 Source Distance from Noise Source (feet) Noise Levels (dBA) Leq Lmax Outdoor Patio Noise (“Private Events” Scenario) 3.0 80.0 100.0 1 The proposed project will implement an on-going noise monitoring program to determine the maximum noise levels for speakers and private events allowed on the patio. Based on this preliminary analysis, noise levels on the patio should not exceed 80.0 dBA Leq, when measured for a 15-minute period, or 100 dBA Lmax at any time, when measured 3 feet from the source. 4.0 Noise Modeling Results Noise impacts under the “Private Events” scenario are assessed at the property lines of the five (5) nearest residential homes to the project site. The project will be required to comply with the City of Newport Beach noise standards of 55.0 dBA Leq and 75.0 dBA Lmax. Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) FIVE CROWNS RK19955 Page 7 rk19955.doc JN:3118-2023-02 4.2 “Private Events” Scenario Tables 3 and 4 show the projected noise impacts at the adjacent residential property lines under the “Private Events” Scenario. As shown in the tables below, the project is not expected to exceed the City of Newport Beach daytime exterior noise standards of 55.0 dBA Leq and 75.0 dBA Lmax. Appendix C provides the noise calculation sheets for the “Private Events” scenario, and the results are graphically illustrated in Exhibits C through F. Table 3 Projected Noise Levels at Receptors (dBA Leq) – “Private Events” Scenario Receptor Address Project Noise Contribution (dBA Leq) City of Newport Beach Noise Level Criteria (dBA Leq)1 Noise Level Exceeds Standard (?) 1 3901 East Coast Hwy. 44.4 55.0 No 2 3901 East Coast Hwy. 53.6 No 3 352 Hazel Dr. 52.8 No 4 344 Hazel Dr. 48.8 No 5 340 Hazel Dr. 47.5 No Table 4 Projected Noise Levels at Receptors (dBA Lmax) – “Private Events” Scenario Receptor Address Project Noise Contribution (dBA Lmax) City of Newport Beach Noise Level Criteria (dBA Lmax)1 Noise Level Exceeds Standard (?) 1 3901 East Coast Hwy. 64.4 75.0 No 2 3901 East Coast Hwy. 73.6 No 3 352 Hazel Dr. 72.8 No 4 344 Hazel Dr. 68.8 No 5 340 Hazel Dr. 67.5 No Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) FIVE CROWNS RK19955 Page 8 rk19955.doc JN:3118-2023-02 4.3 Summary of Results Tables 3 and 4 show that, with the implementation of the design features described in Section 1.1, the proposed project will not exceed the City of Newport Beach noise standards under the “Private Events” scenario. It should be noted that although the noise generated by private events is not expected to exceed the City’s noise ordinance, noise levels may still be audible from the surrounding residential properties, which is not unusual. 5.0 Conclusions Based on the results of this analysis, noise levels associated with the private event operations at the Five Crowns Restaurant will comply with the City of Newport Beach residential noise standards of 55.0 dBA Leq and 75.0 dBA Lmax with the implementation of the design features described in Section 1.1 of this report. RK is pleased to assist the FIVE CROWNS with this noise evaluation. If you have any questions regarding this study, please call us at (949) 474-0809. Sincerely, RK ENGINEERING GROUP, INC. Bryan Estrada, AICP Becca Morrison Principal Environmental Specialist Attachments Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ______________________________________________________________________ ______________________________________________________________________________ Attachments Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Location Map Exhibit A Legend: = Project Site = Project Site Boundary N Residential Receptors Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Site Plan Exhibit B-1 N Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Exhibit B-2 Proposed Wall Heights NN engineering group, inc. engineering3118-2023-02 FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Operational Noise Levels (dBA Leq) - "Private Events" Scenario Exhibit C N Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Operational Noise Contours (dBA Leq) - "Private Events" Scenario Exhibit D N Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Operational Noise Levels (dBA Lmax) - "Private Events" Scenario Exhibit E N Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) engineering group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 3118-2023-02 engineering Operational Noise Contours (dBA Lmax) - "Private Events" Scenario Exhibit F N Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Appendix A City of Newport Beach Municipal Code Chapter 10.26 – Community Noise Control Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Appendix B Field Sheets and Photographs Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Project:Engineer:B. Morrison Date:09/23/2023 JN:3118-2023-02 Measurement Address:City:Site No.: 3801 East Coast Highway Newport Beach, CA Sound Level Meter:Calibration Record:Conditions: Piccolo II Input, dB/ Time Serial # 40042 1 114.0 2:39 p.m.Temp (Deg. F.): P0222082204 2 //Windspeed: P0222082205 3 //Direction: Calibrator:4//Skies: BSWA 5 // Serial # 21387 500732 Notes:Measurement Type: = Noise Monitoring Location High: 80; Low:68 Clear 9 m.p.h. Varies Field Sheet 1 Meter Settings: Five Crowns Restaurant Nois Mitigation Analysis Noise measurements were taken at 15-minute intervals from 2:45 p.m. to 10:30 p.m. on September 23, 2023 during the setup and operation of an outdoor wedding event. A-WTD C-WTD LINEAR IMPULSE SLOW FAST 1/1 OCT 1/3 OCT _15_ MINUTE INTERVALS L(N) PERCENTILE VALUES Long-term Short-term 1 1 Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Project:Engineer:B. Morrison Date:09/23/2023 JN:3118-2023-02 Measurement Address:City:Location No.: Newport Beach, CA 47.0 Field Sheet - Photos (L-1) Five Crowns Restaurant Noise Mitigation Analysis 1Noise Monitoring Location 1 (L-1) was taken within the restaurant patio, approximately 3 feet from the DJ station and speakers. Meter 1 Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Project:Engineer:B. Morrison Date:09/23/2023 JN:3118-2023-02 Measurement Address:City:Location No.: Newport Beach, CA Start Time Stop Time Leq Lmax Lmin L2 L8 L25 L50 2:45 PM 3:00 PM 62.7 73.9 49.4 70.0 66.9 63.4 60.5 3:00 PM 3:15 PM 66.7 84.7 55.1 74.7 69.2 65.6 63.3 3:15 PM 3:30 PM 65.7 84.9 51.6 74.3 66.2 62.2 60.7 3:30 PM 3:45 PM 69.4 86.7 52.7 78.7 73.6 68.0 64.5 3:45 PM 4:00 PM 68.2 83.8 53.7 77.1 72.5 67.8 62.6 4:00 PM 4:15 PM 65.7 76.6 54.6 72.3 69.8 66.5 63.1 4:15 PM 4:30 PM 78.3 88.6 54.1 85.3 84.0 80.1 67.4 4:30 PM 4:45 PM 81.4 90.6 65.0 87.1 85.2 83.5 79.2 4:45 PM 5:00 PM 77.0 85.9 65.5 81.0 79.4 78.0 76.7 5:00 PM 5:15 PM 85.8 94.3 56.5 92.6 90.2 87.6 82.9 5:15 PM 5:30 PM 88.5 106.0 52.1 97.0 94.2 86.3 84.2 5:30 PM 5:45 PM 86.2 93.0 73.3 89.8 88.9 87.2 85.7 5:45 PM 6:00 PM 86.1 93.4 73.2 89.0 88.2 87.3 85.8 6:00 PM 6:15 PM 85.3 91.4 76.9 88.1 87.2 86.2 85.0 6:15 PM 6:30 PM 84.8 90.8 68.4 88.0 86.9 85.7 84.6 6:30 PM 6:45 PM 92.1 108.0 59.1 101.7 97.5 90.4 82.0 6:45 PM 7:00 PM 82.4 88.8 63.3 87.3 86.0 83.7 81.6 7:00 PM 7:15 PM 90.8 110.4 65.5 100.2 94.9 89.0 84.2 7:15 PM 7:30 PM 87.4 102.4 70.0 96.8 92.2 86.0 80.6 7:30 PM 7:45 PM 79.2 87.0 67.1 82.8 81.7 80.4 78.7 7:45 PM 8:00 PM 77.9 85.4 66.4 81.6 80.3 78.8 77.5 8:00 PM 8:15 PM 79.2 84.1 67.0 82.2 81.3 80.1 78.9 8:15 PM 8:30 PM 91.7 104.4 65.4 98.3 95.4 93.7 88.0 8:30 PM 8:45 PM 97.8 103.9 90.7 102.0 100.4 98.6 97.1 8:45 PM 9:00 PM 96.4 106.1 90.3 100.1 98.7 97.2 95.9 9:00 PM 9:15 PM 93 101 82.7 97.6 96.3 94.3 92.1 9:15 PM 9:30 PM 89.3 97 80.9 93.0 91.7 90.4 88.6 9:30 PM 9:45 PM 89.6 98.4 78.7 94.0 92.1 90.5 88.7 9:45 PM 10:00 PM 90.0 101.2 74.1 96.9 93.3 90.4 88.3 10:00 PM 10:15 PM 78.5 90.4 63.1 86.7 83.0 78.6 75.0 L-1 (DJ Station) Field Sheet - L-1 Data Five Crowns Restaurant Noise Mitigation Analysis 1 Scenario Noise Monitoring Location 1 (L-1) was taken within the restaurant patio, approximately 3 feet from the DJ station and speakers. Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Appendix C SoundPLANTM Noise Calculations Worksheets Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Level Source name Traffic lane Day Night dB(A) 1 1.Fl 44.4 44.4 Private Event Noise -44.4 44.4 2 1.Fl 53.6 53.6 Private Event Noise -53.6 53.6 3 1.Fl 52.8 52.8 Private Event Noise -52.8 52.8 4 1.Fl 48.8 48.8 Private Event Noise -48.8 48.8 5 1.Fl 47.5 47.5 Private Event Noise -47.5 47.5 Contribution levels of the receivers RK Engineering Group Inc. Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Level Source name Traffic lane Day Night dB(A) 1 1.Fl 64.4 64.4 Private Event Noise -64.4 64.4 2 1.Fl 73.6 73.6 Private Event Noise -73.6 73.6 3 1.Fl 72.8 72.8 Private Event Noise -72.8 72.8 4 1.Fl 68.8 68.8 Private Event Noise -68.8 68.8 5 1.Fl 67.5 67.5 Private Event Noise -67.5 67.5 Contribution levels of the receivers RK Engineering Group Inc. Zoning Administrator - July 25, 2024 Item No. 2b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) From:Whelan, Melinda To:Martinez, Savannah; Leon, Jasmine Subject:FW: FW: September 17 Sunday Evening 9:30 PM Loud Amplified Band-- Five Crowns July 25, 2024 Agenda ItemNo. 2 Date:July 23, 2024 9:11:09 AM Attachments:image003.pngimage004.png From: Kenneth Catanzarite <kcatanzarite@catanzarite.com> Sent: July 23, 2024 8:11 AM To: Munoz, Jonathan <JMunoz@newportbeachca.gov>; Whelan, Melinda <MWhelan@newportbeachca.gov> Cc: Kim Catanzarite <kec@catanzarite.com> Subject: RE: FW: September 17 Sunday Evening 9:30 PM Loud Amplified Band-- Five Crowns July 25, 2024 Agenda Item No. 2 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I just spoke to Amanda who stated they have 10 days to respond but that she would try to get me something by July 24 at noon to be part of the record. Ms. Whelan, you stated you reviewed the code violations of Five Crowns which I must assume would include the sound measurements taken by Code Enforcement. As I stated they should be a part of the Permit application because they deal specifically with the “wedding and events” Five Crowns seeks to sanction with now a permit. Will you agree to obtain the records and make them a part of the file for the hearing? If not, why not? You reviewed them yet did not include them. If you will not make them part of the record for the hearing and provide me a copy today then we again renew our request that you continue the hearing. Will you continue the hearing? Ken Ms. Whelan kindly make this email and my others a part of the record for the hearing. Ken From: Munoz, Jonathan <JMunoz@newportbeachca.gov> Sent: Tuesday, July 23, 2024 8:05 AM To: Kenneth Catanzarite <kcatanzarite@catanzarite.com> Subject: RE: FW: September 17 Sunday Evening 9:30 PM Loud Amplified Band-- Five Crowns July 25, 2024 Agenda Item No. 2 Zoning Administrator - July 25, 2024 Item No. 2c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Unfortunately I can not release any city documents. Any public records request are through the City’s records specialist. You may contact the City’s records specialist Amanda Lee with any questions. You may reach by contacting 949-644-3200. Thank you Jonathan Muñoz Code Enforcement Officer II Community Development Department Office: 949-644-3220 100 Civic Center Drive Newport Beach, CA 92660 From: Kenneth Catanzarite <kcatanzarite@catanzarite.com> Sent: July 23, 2024 7:42 AM To: Munoz, Jonathan <JMunoz@newportbeachca.gov> Cc: Whelan, Melinda <MWhelan@newportbeachca.gov>; Kim Catanzarite <kec@catanzarite.com>; Inzunza, Aydee <AInzunza@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov> Subject: RE: FW: September 17 Sunday Evening 9:30 PM Loud Amplified Band-- Five Crowns July 25, 2024 Agenda Item No. 2 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. A question is the request for citations and sound measurements public or private. In other words are we able to get the records? Ken From: Munoz, Jonathan <JMunoz@newportbeachca.gov> Sent: Tuesday, July 23, 2024 7:40 AM To: Kenneth Catanzarite <kcatanzarite@catanzarite.com> Cc: Whelan, Melinda <MWhelan@newportbeachca.gov>; Kim Catanzarite <kec@catanzarite.com>; Inzunza, Aydee <AInzunza@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov> Subject: RE: FW: September 17 Sunday Evening 9:30 PM Loud Amplified Band-- Five Crowns July 25, 2024 Agenda Item No. 2 Good morning Ken, You would need to submit a Public Records request on the City’s website, please see link below. You Zoning Administrator - July 25, 2024 Item No. 2c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) may contact the City’s Record Specialist at 949-644-3200 with any questions. https://www.newportbeachca.gov/government/data-hub/public-records/public-records-request -Thank you Jonathan Muñoz Code Enforcement Officer II Community Development Department Office: 949-644-3220 100 Civic Center Drive Newport Beach, CA 92660 From: Kenneth Catanzarite <kcatanzarite@catanzarite.com> Sent: July 23, 2024 7:12 AM To: Munoz, Jonathan <JMunoz@newportbeachca.gov> Cc: Whelan, Melinda <MWhelan@newportbeachca.gov>; Kim Catanzarite <kec@catanzarite.com>; Inzunza, Aydee <AInzunza@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov> Subject: FW: FW: September 17 Sunday Evening 9:30 PM Loud Amplified Band-- Five Crowns July 25, 2024 Agenda Item No. 2 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Mr. Munoz: You may recall my calls and emails regarding the Five Crowns noise code violations from 2018 and in particular surrounding the September 18, 2018 email directed to you and your team. I was told by Ms. Inzunza or another on your team that Five Crowns had been cited for Code Violations related to sound and potentially hours of operation. We would like that citation and in particular the sound measurements to be a part of the hearing on July 25 regarding the Five Crowns permit application which we and the other neighbors oppose. We need those documents today to make a part of our opposition. Kim Catanzarite called yesterday to obtain those documents and did not receive a return call. Would you please forward those documents to us by 3 pm today with a copy to Ms. Whelan for inclusion in the file. Thank you in advance for your cooperation. If they are available on line we will be happy to retrieve them but were unable to find them in our review. Should you have any questions please contact me. Ken Zoning Administrator - July 25, 2024 Item No. 2c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Ms. Whelan upon receipt please confirm that these documents are added to the file for the upcoming hearing. We renew our request for a continuance and have not had a response. Ken From: Kenneth Catanzarite Sent: Monday, September 18, 2023 4:42 AM To: Aydee Inzunza (ainzunza@newportbeachca.gov) <ainzunza@newportbeachca.gov>; Monique Navarrete (mnavarrete@newportbeachca.gov) <mnavarrete@newportbeachca.gov>; Jonathan Munoz (JMunoz@newportbeachca.gov) <JMunoz@newportbeachca.gov> Cc: Kim Catanzarite <kec@catanzarite.com> Subject: September 17 Sunday Evening 9:30 PM Loud Amplified Band We once again object to the partying at Five Crowns disrupting the quiet enjoyment of 352 and 354 Hazel Drive. Attached are the recorded sounds from the front of our property. We called last night to report a loud amplified band at 9:30. Our research is that Five Crowns had no permits for these gatherings nor a permit for amplified music. We thought that they had been cited and would stop this conduct. What action has been taken thus far? What more can be done? Five Crowns management obviously is willing to accept citations from time to time as a cost of doing business for their lucrative parties. We would like a response from the City on what will be done and when. We look forward to your response. Kenneth J. CatanzariteCatanzarite Law Corporation 2331 West Lincoln Avenue Anaheim, CA 92801 Direct Dial: (714) 678-2100 Direct Fax: (714) 399-0577 Office Phone: (714) 520-5544 Office Fax: (714) 520-0680 NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18U.S.C. §§ 2510-2521, is confidential, may be legally privileged and exempt from disclosure under applicable law. If you are not the intendedrecipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. If youhave received this e-mail in error, please: (i) notify the sender immediately that you have received the message in error; (ii) delete the messageand all copies; and (iii) do not disclose, distribute or use the message in any manner. We have taken precautions to minimize the risk oftransmitting software viruses, but we advise you to carry out your own virus checks on any attachment to this message. We cannot acceptliability for any loss or damage caused by software viruses. Thank you. Zoning Administrator - July 25, 2024 Item No. 2c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) KENNETH J. CATANZARITE ATTORNEY AT LAW Direct Dial: (714) 678-2100 CATANZARITE LAW CORPORATION Attorneys & Counselors at Law 2331 West Lincoln Avenue Anaheim, California 92801 (714) 520-5544 Facsimile: (714) 520-0680 E-Mail Address: KCATANZARITE@CATANZARITE.COM Direct Fax: (714) 399-0577 July 24, 2024 Via Email: Benjamin M. Zdeba, AICP Zoning Administrator City of Newport Beach 100 Civic Center Drive, Bay 2D Newport Beach, CA 92660 CDD@newportbeachca.gov Melinda Whelan Assistant Planner City of Newport Beach 100 Civic Center Drive, Bay 2D Newport Beach, CA 92660 mwhelan@newportbeachca.gov Re: Objection to Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit (More than 90 Days), Coastal Development Permit July 25, 2024 Agenda Item No. 2 SECOND REQUEST FOR CONTINUANCE Supporting Neighbors, collectively the “Residents” and Sometimes “Objectors”: Ken & Kim Catanzarite (“Catanzarite”) 352 Hazel Drive (Receptor 3) Herb & Harriet Melmon 344 Hazel Drive (Receptor 4) Request to Place this Letter and its Attachments along with a Request That the Entire Code Enforcement File Regarding Sound Complaints at Applicants Property Be Added to this Record. Dear Mr. Zdeba and Ms Whelan: On Sunday July 21, we sent Ms. Whelan two emails with attachments, the first included a forward of an email sent September 18, 2023 to Code Enforcement with video and sound attachments from a Five Crowns event that same day taken at 352 Hazel Drive, demonstrating the severe impact of an “event” at 9:30 pm. A second email attached a letter dated May 23 addressed to the applicants’ owners and Code Enforcement reciting data from the Five Crowns webiste touting “Events” 150-200 per year on its ‘outdoor patio”. In our transmittal email to Ms. Whelan we requested a continuance because we took issue with many of the underlying material facts from applicant upon which the recommend decision was made requiring time and the opportunity to address the Five Crown RK Engineering Group, Inc. June 13, 2024 report appearing at pages 21 through 35 of the 57 page staff report available for the first time to the Residents late Friday July 19, 2024 The response was at that time and again on July 23 at 4:00pm in a phone call that we would have to request a continuance at the hearing. Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 2 SECOND CONTINUANCE REQUEST BECAUSE THE FIVE CROWNS SECOND REPORT BY ITS CONSULTANT WAS NOT RECEIVED UNTIL 4 PM ON JULY 23 AN INSUFFICIENT REVIEW PERIOD FOR SUCH A MATERIAL CHANGE: Our Sunday July 21, 2024 submission about the deceit in the application by Five Crowns was to conceal its excessive noise, raucous admitted 200 outdoor events (the “Events”) a year. On July 23, 2024 at 4:00 pm Ms. Whelan and Mr. Catanzarite spoke wherein Ms. Whelan disclosed a Supplemental filing on that same date by Five Crowns with a falsely dated June 13, 2024 RK Engineering Group, Inc. (RK) “Report 2" which was not in the original submission, not considered by the City and was not a part of its proper 10 day notice. Report 2 tries to address Mr. Catanzarite’s July 21 objections and to cover up the prior false facts submission, confesses the true intent is to hold outdoor events 7 days a week until 10:00 pm pumping out 100 dB at 3' sound purportedly which applicant admits is representative of prior historical Events1. Report 2 purports to solve the loud outdoor noise violations by an artificial, and impractical to police/monitor, limitation of 80 dB at 3' because otherwise the Residents will continue to be adversely impacted by the Five Crown Events. The Residents demand a 30 day continuance to adequately investigate Report 2 and to evaluate all of their options. Forcing the Residents to address this last minute material change is wholly unfair and does not afford their due process rights. At the same time Five Crowns late supplement on July 23 of material facts is audacious in its stark admission of its historical noise nuisance activity. In its late filing now at Report 2 it recites serial violations of the Exterior Noise ordinance discussed below because 100 dB at 3' generates sound impacts on all Residents well in excess of 55 dB until 10 pm and 50 dB after 10 pm, likely 75 dB. To place this in perspective Five Crowns’ website admits to 150-200 Events a year. As a result, since just 2001 it has conducted over that 3.5 years 525 to 700 noise nuisance Events which it now confesses adversely impacting its neighbors. Note this is an admission because only now does Five Crowns propose an 80 dB at 3' limitation (which cannot be enforced nor is it practical) because if it uses its own 100 dB at 3' sound produced, the prior historical violations are obvious with impacts of 70 plus well in excess of the 55 limit. Significantly, there is no apology by Five Crowns for the 525-700 times it spilled its noise nuisance on its neighbors, no offer of compensation, nothing at all, just requesting more of the same. Yet it calls itself a good neighbor, it is not. Five Crowns cannot be rewarded for its concealment of its true intent in its initial application that it seeks to conduct outdoor Events with 100 dB, and likely higher, 7 days a week until 10 pm, after being caught with its falsehoods of trying to pass its Permit request off on “background music”. Rather than reward such conduct the Application should be denied out of hand for the concealment of the known information Five Crowns withheld from the City and the noticed Residents, as well as its prior serial sound nuisance misconduct. At minimum due process requires a continuance of not less than 30 days. 1 Objectors dispute this fact contention and have sought records of sound testing by Code Enforcement which may show well over 100 dB but those records requested on July 23 are not expected to be delivered in time to add to the hearing file. Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 3 WITHOUT WAIVING THE RESIDENTS’ REQUEST FOR A CONTINUANCE AND WITH THE LIMITED TIME OF LESS THAN 24 HOURS TO RESPOND TO REPORT 2: NEWPORT BEACH CITY POLICY PROHIBITED FIVE CROWNS’ PRIOR NON- PERMITTED OUTSIDE EVENTS NUISANCE ACTIVITY AS WELL AS THE NOW APPLIED FOR EVENT AND OUTDOOR ACTIVITY The City of Newport Beach Policy is to Protect the Residents from “allowing to be created... or maint[aining]” what has now been admitted as a noise level nuisance for the past years. 10.26.005 Declaration of Policy. A. In order to control unnecessary, excessive and annoying noise in the City of Newport Beach, it is declared to be the policy of the City to prohibit such noise generated from or by all sources as specified in this chapter. B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest, therefore, the City Council of the City of Newport Beach does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by, or not in conformity with, the provisions of this chapter, is a public nuisance and may be punished as a public nuisance. The ordinance codified in this chapter is effective thirty (30) days from adoption, however, all fixed noise sources existing at the date of adoption shall have ninety (90) days from the date of adoption to achieve compliance with this chapter. (Ord. 95-38 § 11 (part), 1995) Bold emphasis added. LIMITS ON DISCRETION OF ZONING ADMINISTRATOR Objectors’ position is clear. This project cannot and should not be approved. We believe there is no authority that would allow approval. Moreover, there is no authority for discretion here including because there are no facts generally and specifically the original application was presented falsely as involving “background music” when applicant concealed a study from its expert of its purported typical “Events” that disclosed 100 dB at 3' which, based upon our expert resulted in a nuisance to 352 Hazel and the other properties listed in this caption. In sum, Five Crowns by its and the City’s admission has been engaged in years of non-permitted outdoor dining when its permit long ago expired and its Events conducted outside on its patio had no permits, all while it conducted its nuisance activity on hundreds Events. In order for one to invoke a request for equity one must do equity. Five Crowns admits to its non-permitted now nuisance historical noise level activity - it cannot now be rewarded with a permit and such a permit issuance would be unlawful in any event. As concerns discretion, which objector states is not available here: Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 4 20.10.020 Purpose. This Zoning Code is intended to carry out the policies of the City of Newport Beach General Plan. It is also the intent of this Zoning Code to ... protect the public health, safety, peace, comfort, and general welfare; protect the character, social, and economic vitality of neighborhoods... Objection: The City Policy is clearly stated at 10.26.005, an approval would not protect the character, social and economic vitality. In fact it would cause disruption and adversely impact property values constituting an unconstitutional taking of the use and enjoyment of the affected properties for the benefit of Five Crowns without just compensation. Objectors intend to offer expert testimony on the diminution in property values for the future hearing if continued but as owners state they will suffer damage by having to disclose affirmatively this noise levels and activities 7 days a week until 10:00 pm. Such disclosure will result in an unwarranted loss in value from this wrongful conduct. 20.10.030 Authority—Relationship to General Plan. ... B. Exercise of Discretion. In the event that a provision of this Zoning Code or a condition of approval allows the review authority to exercise judgment in the application of a specific development standard or condition of approval, the review shall include an analysis as to whether: 1. The proposed project complies with all applicable provisions of this Zoning Code; Objection: the Project notwithstanding purported, and indeed unenforceable conditions, does not comply with the City Policy, intent or provisions of the Zoning Code as set out herein. 2. The exercise of authority will act to ensure the compatibility of the proposed project with its site and surrounding properties; Objection: the Project notwithstanding purported, and indeed unenforceable conditions, is flatly incompatible with the surrounding residential properties as further set out herein and will result in loss of substantial value. 3. The manner in which authority is exercised will result in a more practical application of the provisions of this Zoning Code given specific characteristics of the site and its surroundings; and Objection: the Project is not a practical application of outdoor Events intended with Exterior Noise being emitted adversely impacting the surrounding residential properties and no purported limitations will practically cure such noise and traffic issues, nor the loss of property values as described herein. 4. The decision is consistent with the General Plan, any applicable specific plan, or any other applicable regulation or standard. (Ord. 2023-22 § 893, 2023; Ord. 2010-21 § 1 (Exh. A)(part), 2010) Objection: a decision to approve the Project is not consistent with the General Plan or any other applicable regulation or standard, will adversely impact the surrounding residential properties, Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 5 diminishing property values and no purported limitations will practically cure such noise and traffic issues, as described herein. WITHOUT WAIVING THE NEEDED CONTINUANCE REQUEST OBJECTORS ASSERT THESE ADDITIONAL GROUNDS OBJECTING TO THE APPLICATION Objection 1: The project is not “... 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...”. To the contrary Five Crowns has no existing permitted outdoor dining activity let alone a continuous permit for live outdoor “Events” which have been conducted under a lie that Five Crowns had a permit when it did not. And the sound, traffic and activities will have a significant adverse effect on the environment and diminish property values. Reserving other grounds, the findings purportedly supporting CEQUA exemption are a tortured miss-applied fact statement that does not support an exemption as follows: First, the City cannot find that Five Crowns Events and even its outdoor dining are “Existing Facilities” because Five Crowns has for years had no permit to operate outdoor dining let alone the requested outdoor Events. The admission by City that Five Crowns was in violation “... operating the additional outdoor dining area since 2020, which was originally permitted through an Emergency Temporary Use Permit No. UP2020-128 and Emergency Coastal Development Permit No. CD2020-110 that expired.” does not constitute an “Existing Facility” for CEQA. Such a statement is flatly untrue. Second, Five Crowns for years wrongfully claimed that it had a permit to operate its Events outside. That is and was false. There was in fact no permit to operate outdoor Events nor to have outdoor dining. The City cannot use illegal non-permitted operations to support a CEQA exemption. As Catanzarite’s letter disclosed, [t]he Five Crowns website in May 2023 confessed its unapproved 200 Events https://www.lawrysonline.com/five-crowns/private-events provides: "Discover the enchanting ambiance of Five Crowns' event space, where timeless elegance meets natural beauty. Did you know that #FiveCrowns produces 150-200 weddings and events a year!? Host your wedding, rehearsal dinner, bridal shower, or engagement party in our gorgeous greenhouse patio and garden, and create memories that will last a lifetime. Book your special event with us now through our website!" Bold emphasis added. Catanzarite and others objected to these Events and Code Enforcement appears to have failed to properly cite Five Crowns for not even having a permit. Shockingly, Report 2 now confesses that Five Crowns is a serial violator of the 55 dB and 50 dB ordinance limitations because it has been Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 6 operating 200 outdoor events each year at 100 dB at 3' which results in sound at the Residents homes that exceeds the 55 dB and 50 dB limitations. Now they are to rewarded for such violations? There is no authority to do so. Third, the City states “...consistent with the conditions and terms of other approved limited term permits for outdoor dining in the area.” Underline emphasis added. From the third and fourth purported support items the City conflates two things “outdoor dining” and “Events” to wrongfully justify its position. Catanzarite admits that there are very limited other instances of outdoor dining in the Corona del Mar “Village”. However there are no instances of outdoor events like the proposed Events let alone operating until 10 pm 7 days a week in residential adjacent areas. The City cannot and must not conflate outdoor dining, which is not permitted, as somehow sanctioning outdoor Events. There is no example that City or Five Crowns can point to that would allow a restaurant operation in the Village to conduct outdoor Events, especially with amplified sound. For that reason alone there should be no permitted outdoor Events of any kind even if outside dining were to be considered which it should not. Fourth, the City states Five Crowns has “......historically hosted private events with live entertainment inside the restaurant.”Underline and bold emphasis added. As above at third, the City conflates two things “outdoor dining” and inside “Events” to wrongfully justify its position that outside Events should be approved. It should not. There is no example of outdoor Events for a restaurant with sound permitted in the Village. This conflation must not be permitted to justify an application that must not be approved. Fifth, “...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 Corona del Mar....” This is a false statement. There is no existing pattern of development in the Village of Exterior Noise producing Events without very stringent limitations as described below incorporated here, including limitations of a cutoff of 8:00 pm and equipment specification limitations. Sixth, “The outdoor dining area will be conditioned to be removed by December 31, 2024. An amendment to Use Permit No. 1822, including a potential parking waiver and coastal development permit, would be required to retain the outdoor dining area on a permanent basis.” So the trick to avoid the need to demonstrate a parking waiver, which is not possible (See Objection 4 below incorporated here) is to call this “temporary”? This is simply an outrageous abuse of discretion. Five Crowns itself confessed in Report 2 to serial ordinance violations and now wants a parking waiver to continue to congest Hazel Drive parking and loading unloading of cars, trucks and vans as well as trash. There is no justification to abuse City authority by granting Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 7 a permit falsely characterized as “temporary” to circumvent a well justified parking requirement which Five Crowns cannot meet to secure a waiver. Seventh, the project if permitted will significantly effect the environment, reduce property values, with outdoor Events and raucous parties. There is no justification for this abuse of the Residents all to make Five Crowns tens of thousands of revenue on its 200 Events. Catanzarite incorporates the balance of this letter here in full regarding the now admitted 100 dG at 3' sound at Events which has been in fact a historical violation by Five Crowns of sound delivered to 352 Hazel and the other residents in excess of 55 dB until 10 pm and 50 dB after 10 pm. How this translates into supporting an exemption defies logic. The permit must be denied. Objection 2: The Application was fraudulent withholding known facts of 100 dB at 3' Events until met with the Catanzarite objections resulting in a late supplement on July 23 but falsely contained in a purported June 13 RK Report 2 and must be denied. Report 2 admits prior violations of the outdoor Events that resulted in sound exceeding 55 dB until 10 pm and 50 dB after 10 pm. This late disclosure prejudices Catanzarite and the Residents and is insufficient notice and denial of due process to evaluate carefully what is now proposed, particularly claims of mitigation. Obviously the application based upon “background music” concealed the known true facts and was therefore false and should be denied, no matter how amended. Five Crowns deceived the City and hid its true intent. The City cannot approve this misconduct while denying Catanzarite and the Residents a full and fair opportunity to address Report 2 and the nonsensical limitations proposed which were only offered when Five Crowns was caught advancing this falsehood. The true intent of Five Crowns appears on page 1 of the Staff Report the Project Summary states in part: ... The outdoor dining area will include live entertainment and will close by 10:00 p.m. A sound wall will be installed along the rear property lines. The interior of the restaurant and the outdoor area have historically been used for private events on the weekends. Underline and bold emphasis added. Five Crowns concealed its known study data from 2023 and now admits that its 200 Events have for years and now will continue to pump out 100dB at 3' sound which will adversely impact Catanzarite’s 352 Hazel and the Residents. Let us be clear. Five Crowns confesses that over the past years it has conducted 200 Events that pumped out 100 dB at 3' sound violating the noise ordinances limiting sound to 55 dB and 50 dB. This is an admission to serial violations of the noise ordinance, a nuisance and now the City wants to reward Five Crowns with a permit to continue its misconduct? This disclosure alone is justification to reject the application outright and if to be considered at all which it should not, until Five Crowns adequately addresses serious “stipulations” for sound limits, to avoid reduction in property values and compensates the Residents for its prior serial misconduct and violations. Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 8 The purported nonsensical “Design Feature DF-6" recited at #8 is shocking in that rather than continue the hearing based upon late filed RK Repot 2 and failure to allow Catanzarite and the Residents to have fair notice on Friday July 19 it comes late on July 23 the Application must be denied. Everyone involved in zoning matters knows that a Design Feature is weak and unenforceable and here objected to: 8. Pursuant to the Noise Analyses prepared by RK Engineering Group, Inc. both dated June 13, 2024, the applicant shall comply with Design Feature DF-6. As such, a follow-up noise analysis and on-going monitoring shall be provided by the Applicant once the physical improvements have been implemented to determine the maximum permissible noise levels for speakers and private events. Based on the preliminary analysis, noise levels on the patio shall not exceed 80.0 dBA Leq, when measured for a 15-minute period, or 100 dBA Leq, when measured for a 15-minute period, or 100 dBA Lmax at any time, when measured 3 feet from the source. Underline emphasis added. Make no mistake, the deceit of Five Crowns must not be rewarded, the Application must be denied. Five Crowns intended to secure its Permit based upon false facts of “background music” without disclosing that its Events have and would continue to pump out 100 dB at 3' thereby negatively impacting the Residents and 352 Hazel at 75 dB. There have been constant complaints and the Residents will continue to be subject to loud noise and have to complain and chase Code Enforcement while Five Crowns raked in tens of thousands of dollars on it raucous Events. Catanzarite complained about the false facts on Sunday July 21 and a late filed Report 2 on July 23 appears acknowledging the 100 dB at 3' sound and for the first time confessing serial violations and suggesting a nonsensical and unenforceable “Design Feature DF-6" to try to pacify Catanzarite and the Residents with an 80 dB artificial limitation. Catanzarite and the Residents reject any design feature which mitigation element requires careful time to evaluate whether or not it is adequate, which it is not. Without waiving our objections given the untimely disclosure and only if forced to respond now with inadequate time DF-6 does not and will not protect the Residents nor their property values. It is a pacifier that will be continuously violated because those attending events will be 200 plus sound systems that will not and cannot be effectively policed. If there is to be a limitation at all, and Catanzarite objects to the Permit altogether, then it must be a specific: “Stipulation: Five Crowns stipulates and agrees that it shall not permit any Event to exceed 80.0 dBA Leq, when measured for a 15-minute period or its Permit is revoked effective immediately.” The suggestion of “...or 100 dBA Leq, when measured for a 15-minute period, or 100 dBA Lmax at any time...” should not be allowed even in a stipulation because it practically cannot be Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 9 measured and clearly would sanction the continued historical violations of the 55 db until 10 pm and then 50 dB ordinance under 10.26.030. Objection 3: While we object to the Permit altogether, under no circumstances should any permit sanction amplified sound after 8:00 pm as required by stated Newport Beach Policy recited at NBMC Section 10.26.025 Exterior Noise Standards. Requires that where as here "E. the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995)". As a result per subparagraph A Noise Zone I applies with a 55 DB level allowed from 7:00 am to 10:00 pm and thereafter 50 DB. Use of sound amplification restricts the ending time to 8:00 p.m. The City simply cannot permit outdoor amplified sound under any circumstances after 8:00 pm nor without equipment limitations and advance approvals of each Event. Zoning has no discretion to issue a permit in violation of the cited forgoing ordinances and clearly articulated policies. Sanctioning this noise after 8:00 pm until 10:00 pm 7 days a week is outrageous and an abuse of discretion if any is believed to exist, which we say it does not. Here it is undisputed that the City has already spoken on this issue. The Newport Beach Municipal Code ("NBMC") Chapter 1-.26 Community Noise Control Section 1-.26.005 Declaration of Policy provides “A. In order to control unnecessary, excessive and annoying noise in the City of Newport Beach, it is declared to be the policy of the City to prohibit such noise generated from or by all sources as specified in this chapter." Section 10.26.025 Exterior Noise Standards. Requires that where as here "E. the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995)". As a result per subparagraph A Noise Zone I applies with a 55 DB level allowed from 7:00 am to 10:00 pm and thereafter 50 DB. USE OF SOUND AMPLIFICATION RESTRICTS THE ENDING TIME TO 8:00 P.M. See blank permit application as Exhibit B attached. The now proposed 150-200 outside Events and parties creating the noise comes from amplification much stricter rules must apply for amplified noise. NBMC Section 10.26.050 Sound-Amplifying Equipment. Prohibits the use of "Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be subject to the provisions of Chapter 10.32 of this title. Such sound-amplifying equipment shall not be construed to include electronic devices, including but not limited to, radios, tape players, tape recorders, compact disc players, electric keyboards, music synthesizers, record players or televisions, which are designed and operated for personal use, or used entirely within a building and are not designed or used to convey the human voice, music or any other sound to an audience outside such building, ... " Underline emphasis added. Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 10 Of course here Five Crowns does not have a “personal use” and as such the strict limitations regarding Exterior Noise apply. As above the proposed Permit does not involve a one off event but instead confessed serial events using 200 different sound systems presenting a logistical and practical situation that will result in abuse and any limitations be simply ineffective. Even assuming the absurdity that someone would check 200 different systems per year, before such equipment may be considered the following are required: 10.32.020 Permit Required. No person shall use or cause to be used any sound-amplifying equipment or sound truck with its sound-amplifying equipment in the City without first having applied for and obtained a permit from the Finance Director as provided in this chapter. (Ord. 95-38 § 4 (part), 1995) 10.32.030 Application for Permit. Applications for permits for the use of sound-amplifying equipment or sound trucks shall be filed with the Finance Department on forms supplied by the City. The application shall contain the following information: ... F. The purpose for which the sound-amplifying equipment or sound truck will be used; G. The proposed hours of operation of the sound-amplifying system or sound truck; H. The number of days of proposed operation of the sound-amplifying equipment or sound truck; I. A general description of the sound-amplifying equipment to be used; J. The maximum sound-producing power of the sound-amplifying equipment to be used, including: 1. The wattage to be used, 2. The volume in decibels of the sound which shall be produced, 3. The approximate maximum distance sound will be projected from the sound-amplifying equipment. (Ord. 95-38 § 4 (part), 1995) Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 11 Underline emphasis added. Now what Five Crowns is doing and what the City must not allow is skirting the ordinance protecting Catanzarite and the Residents with particular emphasis on compliance with Section 10.26.025 Exterior Noise Standards limiting amplified noise to 8:00 pm and 10.32.030 J. limitations on equipment. Again, the Zoning Administrator has no discretion to allow exterior noise after 8:00 pm and no discretion to blanket approve any equipment to be used at an Event which does not strictly limit the type and power of sound amplifying equipment. Nothing in what staff has recommended addresses equipment limitations. As a result bands and disc jockeys can bring any equipment to Five Crowns set up outdoors and blast away with a promise that they will somehow limit to 80 dB at 3' when they have already admitted serial violations at 100 dB at 3' for years violating necessarily the 55 dB and 50 dB noise ordinance limitations. Objection 4: The parking and congregation on Hazel from these serial violating Events negatively impacts parking, street access and smoking outside their gate resulting in congestion and trash including cups, cigarets and paper left on the street and in front of the Residents’ homes. The City speculates “The existing restaurant is served by an off-site parking lot across Poppy Avenue. Valet service is required for restaurant patrons for this parking lot, providing at least 82 parking spaces. The size and location of the parking lot provides ample parking for the temporary expanded outdoor dining area.” This statement is simply not true and putting it in the report without any investigation is improper. The parking from the existing Five Crowns seating occupies most of the parking. Adding 86 more visitor 7 days week is simply unacceptable and unsustainable. The Residents are already frustrated by parking of guests to Five Crowns on Hazel as well as trash. The City cites its belief but the parking in the private lot is simply not adequate presently let alone to add an additional 86 people with another 30 plus cars. At present, guests and employees of Five Crowns are parking on Hazel which is prohibited under its authorized indoor dining operations. Yet the parking continues and will only get worse with the proposed long events with people coming and going through the side gate described in the application. Delivery trucks block traffic on Hazel for loading and unloading. All of this activity is prohibited and yet it occurs constantly in known violation of operating restrictions. Objection 5: Objectors’ expert was only able to review the first RH Report and had less than 20 hours to look at Report 2. This shows the unfairness of this hearing proceeding. Mike Dickerson, INCE of MD Acoustics LLC has rendered opinions that the sound from the Events exceeds the 55 and 50 dB limitations for all properties. He needs added time to complete further aspects of his work including simulation on site. Objectors’ expert Mike Dickerson, INCE (“Mr. Dickerson”) of MD Acoustics LLC provides his opinion on the initial RH report in the attached Exhibit “A”. Because Objector received the Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 12 Exhibit A at 11:15 they are unable to thoroughly evaluate same and incorporate the entire report into this record. Citing opinions from the Mr. Dickerson report follows: “I have reviewed Mr. Catanzarite’s letter of May 25, 2023 to the operators and Code Enforcement describing from Five Crowns’ own website at the time “150-200 weddings and events a year!” which is substantial in number. Such weddings and events are intended to be approved by the Permit application. Such substantial activity 200 events a year must be the subject of intense evaluation, testing and scrutiny. In my opinion the impact of the live amplified music will exceed the City of Newport Beach’s 55 dBA daytime and 50 dBA nighttime noise standard as outlined in Chapter 10.26. I say this based upon my years of training, education and experience involving similar sites and applications.” Underline and bold emphasis added. “In my opinion, the impact of the live amplified music for events will materially exceed the City of Newport Beach’s 55 dBA daytime and 50 dBA nighttime noise standard as outlined in Chapter 10.26.” Underline and bold emphasis in original. As for the RH references Mr. Dickerson “The referenced levels for patio of 67.2 dBA and 75 Lmax is low as patio conversations with many patrons can exceed 80 dBA in confined spaces. It is common for patrons to raise their voice as more and more patrons gather. This phenomenon is commonly known as the Lombard Effect.” Per Mr. Dickerson “RK’s own study identifies the measured event at the Five Crown patio and measured 97.8 dBA with an 103.9 Lmax (see below). ... This scenario was not modeled in the study but clearly shows that the existing conditions exceed the City’s noise ordinance at the boundary of the restaurant and any adjacent residential use.” “The Report’s shortcomings and the staff write up fail to detail and condition the equipment to be used during the events. Information on the type of sound system is critical as all loudspeaker systems can play music or amplify speech at levels higher than what has been evaluated in the Report study.” “In my opinion the impact from event operations is significantly underestimated by approximately 26 to 30 dBA which is 8x louder than what was modeled inside the RK study. That difference causes the sound levels at 352 Hazel and the other identified properties on Hazel to well exceed the Newport Beach limitations. In my opinion the sound levels at 352 Hazel will be highly disruptive to young children from both noise and vibration. Operating 7 days a Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 13 week until 10 pm at the event levels would be highly disruptive to sleep patterns especially for young children.” Dickerson p. 5. “When projecting the noise level from Five Crowns to 352 Hazel Drive facade, the noise level will be closer to 78 dBA, which exceeds the City’s 55 dBA residential standard. Even with the incorporation of a wall along the perimeter of the outdoor venue area, the level will still exceed the City’s 55 dBA standard.” Dickerson p. 6. “In addition, the study fails to take into consideration the repetitive nature of the impulsive noise associated with rhythmic nature of the music. Most complaints from music are associated with the bass drum or drum beat of the music. This is considered an impulsive noise and is commonly associated with the Lmax level. While the City of Newport Beach does not have an acoustical spectrum related noise ordinance, Section 10.26.010 does define Hertz and Impulsive Noise. An evaluation into the repetitive nature of the impulsive noise from the rhythmic nature of the music is something that must be considered when considering live music. These same complaints arise at nearly all open-air venues across the US and are common sources of complaints.” Dickerson p. 8. “The interior noise level at 2nd and 3rd floor of the surrounding sensitive receptors was not addressed and needs to be evaluated (see Section 10.26.030 of the Noise Ordinance). It is also my opinion that these floors will be seriously impacted by the events because the sound will travel over even the proposed wall system and through the residential building shell design. It is estimated that the interior noise level during a private event measure approximately 61 dBA, (81.4 dBA Lmax – 20 dBA = 61.4 dBA), which exceeds the City’s interior noise limit). Rule of thumb noise reduction achieved by building facades and windows closed is an approximately 20 dBA reduction. However, if we apply a 30 dBA reduction to the noise level at the façade the interior level would be 51.4 dBA and still exceed the City’s 45 dBA limit.” Dickerson p. 8. “There are several methods to mitigate the sound such as, limiting the sound level output at the speaker to 77 dBA (regardless of the average or Lmax, both need to be limited) at 3-feet away, actively monitoring the noise and adjusting the sound as it encroaches upon 55 dBA (similar to what MD is currently doing at Penmar Golf Course, and Orange County Fair), enclosing the outdoor patio, and more. In my opinion what is before the City does not accurately describe the event use and requires far more study and fact development to see if mitigation is even possible.” Dickerson p. 9. CONCLUSION For the reasons stated above Objectors oppose the issuance of any permit as unlawful, unwarranted and because the applicant has falsely misrepresented facts. This project at a minimum should be continued 30 days so that the Residents may conduct their own studies and simulations with access to the Five Crowns outside patio. We can do so in 30 days and present Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 14 our findings. Failure to allow this independent review and study before acting especially on what amounts to 20 hours notice (4 pm July 23 to noon July 24) is wholly improper, unjustified and lacks due process. This project involves serious disruption in the use and enjoyment of Objectors’ property rights as well as a diminution in property values. Objectors request that the application be denied or continued 60 days with instruction that our expert be permitted to simulate results on site in the Five Crowns patio to truly test the true impacts from Events on the Residents properties. Very truly yours, CATANZARITE LAW CORPORATION /s/ Kenneth J. Catanzarite Kenneth J. Catanzarite Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) AZ Office CA Office 4960 S. Gilbert Rd, Suite 1-461 1197 Los Angeles Ave, Suite C-256 Chandler, AZ 85249 Simi Valley, CA 93065 p. (602) 774-1950 p. (805) 426-4477 www.mdacoustics.com MD Acoustics, LLC 1 JN: 13692401_Peer Review#1 July 24, 2024 Mr. Mrs. Catanzarite 352 & 354 Hazel Drive Corona Del Mar, CA 90725 Subject: Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit July 25, 2024 Agenda Item No. 2 (Permit) – Expert Opinions to be Submitted to City of Newport Beach, CA Dear Mr. and Mrs. Catanzarite: You have engaged MD Acoustics, LLC (MD) to review (1) the City of Newport Beach Zoning Administrator Staff Report for the Permit and (2) both reports of RK Engineering Group Inc. (Report), dated 6/13/2024. Report 1 identifies “Typical Operations”, and Report 2 identifies “Private Event” noises. We have done so and find significant miscalculations and omissions associated with the noise prediction modeling and impacts generally and specifically the proposed live music/venue noise described in the Report and permit application. I understand that you have requested a continuance of the hearing but have not received a favorable response. We would like added time to evaluate the site and conduct our own specific tests. However, at this time we can state, subject to further test refinement, which we believe will further support our opinions, that based upon my training, education and experience the Report is materially deficient. Overall, the Reports fail to correctly identify the noise impact to the adjacent sensitive receptors (homes). In addition the report fails to provide adequate mitigation measures to abate the sound levels and instead calls the mitigation as noise abatement design features (DF). This approach assumes that the applicant will design the sound system and the patio area to meet the design features prescribed within the studies. I have reviewed Mr. Catanzarite’s letter of May 25, 2023 to the operators and Code Enforcement describing from Five Crowns’ own website at the time “150-200 weddings and events a year!” which is substantial in number. Such weddings and events are intended to be approved by the Permit application. Such substantial activity 200 events a year must be the subject of intense evaluation, testing and scrutiny. In my opinion the impact of the live amplified music will exceed the City of Newport Beach’s 55 dBA daytime and 50 dBA nighttime noise standard as outlined in Chapter 10.26. I say this based upon my years of training, education and experience involving similar sites and applications. Our firm has conducted sound studies of special event/wedding/music/noise on more than 60 sites. Our firm is currently working on two (2) court cases where live music is under significant scrutiny and has been the subject of litigation. These include The Penmar at Penmar Golf Course (Venice Beach, CA) and Shady Park/ASU Tempe Campus. In both instances the live music has been required to obtain a use permit and monitor their sound levels during said events. Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit July 25, 2024 Agenda Item No. 2 (Permit) Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 2 JN: 13692401_Peer Review#1 In my opinion, the impact of the live amplified music for events will materially exceed the City of Newport Beach’s 55 dBA daytime and 50 dBA nighttime noise standard as outlined in Chapter 10.26. The following outlines the project summary as outlined within the Zoning Administrator Staff report (PA22023-0202, July 25, 2024). The applicant requests a limited term permit and coastal development permit to allow an existing temporary outdoor dining patio to remain for a limited one-year-term at Five Crowns Restaurant. The expanded 1,350-square-foot outdoor dining area including a 850-square-foot canopy was originally approved by an Emergency Temporary Use Permit (ETUP) in 2020 as a temporary addition to their existing outdoor dining. Although the ETUP expired, the temporary outdoor dining area has remained in use. The outdoor dining area will occupy existing open space behind the permanent outdoor dining. The outdoor dining area will include live entertainment and will close by 10:00 p.m. A sound wall will be installed along the rear property lines. The interior of the restaurant and the outdoor area have historically been used for private events on the weekends. The existing operating hours of the restaurant will remain the same. 1.0 Comments for the Report MD has comments relating to the report that should be addressed in this analysis as outlined below: MAJOR 1. Table 2 within both reports identifies the reference noise level for “Typical Operations” and “Private Events” at 3-feet from the noise source, as identified below. Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit July 25, 2024 Agenda Item No. 2 (Permit) Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 3 JN: 13692401_Peer Review#1 The referenced levels for patio of 67.2 dBA and 75 Lmax is low as patio conversations with many patrons can exceed 80 dBA in confined spaces. It is common for patrons to raise their voice as more and more patrons gather. This phenomenon is commonly known as the Lombard Effect. https://www.nature.com/articles/s41598-022-10414-6 https://research.unl.edu/blog/wang-explains-the-toll-of-restaurant-noise-in-washington-post/ This referenced level for Outdoor Patio Noise on Private Events was evaluated at 80 dBA is extremely low for live music during an event, such as a wedding or party and does not represent noise levels associated with live music and/or DJ’d events that may occur during such an event. RK’s own study identifies the measured event at the Five Crown patio and measured 97.8 dBA with an 103.9 Lmax (see below). Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit July 25, 2024 Agenda Item No. 2 (Permit) Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 4 JN: 13692401_Peer Review#1 This scenario was not modeled in the study but clearly shows that the existing conditions exceed the City’s noise ordinance at the boundary of the restaurant and any adjacent residential use. Exhibit A #5 identifies the following: # 5 Live entertainment and private events within the outdoor area on the restaurant property (including the expanded temporary outdoor dining area) shall remain ancillary to the primary use of the site as a restaurant MD has measured numerous wedding venue event noise. Appendix A provides a noise reference sheet where MD measured a DJ playing music through a loudspeaker array with a subwoofer during a wedding. MD measured the noise level at 30-feet and measured an average level of 81.2 dBA. However, when extrapolating to 3-feet from the noise source, the level would be 101.2 dBA which is nearly a 21 dBA difference when comparing to the RK reference level (see Appendix A). The following illustrates the inverse square law relationship on how sound dissipates over distance (See Figure 1). Figure 1: Inverse Square Law – Distance Calculation R1 Reference Dist.: 30 ft L1 Reference Level: 81.2 dBA R2 Source Dist.: 3 ft L2 Projected Level: 101.2 dBA The Report’s shortcomings and the staff write up fail to detail and condition the equipment to be used during the events. Information on the type of sound system is critical as all loudspeaker systems can play music or amplify speech at levels higher than what has been evaluated in the Report study. Figure 2 provides the manufacturer’s spec sheet for a single speaker array system and a sub-woofer for a musician playing at a small venue. This would be representative for small venue/live music events based on experience and observations of numerous venues across the southwest US. These types of systems have the ability to output sound up to 130 dB (see spec below), however typically the sound level output ranges between 100 and 108 dBA at 3-feet. The following link provides information on a JBL PRX One system: Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit July 25, 2024 Agenda Item No. 2 (Permit) Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 5 JN: 13692401_Peer Review#1 https://kh.jbl.com/professional/JBL+PRX+ONE.html Figure 2 – Loudspeaker line array and spec sheet As previously noted, the RK study did not evaluate the existing impact of the ancillary operations of Five Crowns, no evaluation of the type of sound reinforcement system was evaluated and therefore the study is incomplete in its assessment of the live entertainment event operations. In my opinion the impact from event operations is significantly underestimated by approximately 26 to 30 dBA which is 8x louder than what was modeled inside the RK study. That difference causes the sound levels at 352 Hazel and the other identified properties on Hazel to well exceed the Newport Beach limitations. In my opinion the sound levels at 352 Hazel will be highly disruptive to young children from both noise and vibration. Operating 7 days a week until 10 pm at the event levels would be highly disruptive to sleep patterns especially for young children. Also, in my opinion monitoring of event music should be required as a condition of approval with the reporting immediately available to the neighbors so that they can act on any noise and vibration over the limits of 55 and 50 dB and request immediate termination of any permit. Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit July 25, 2024 Agenda Item No. 2 (Permit) Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 6 JN: 13692401_Peer Review#1 To understand changes in sound level and how the sound is perceived Figure 3 provides a Perceived Loudness Chart.1 The human ear can perceive a change of 3 dB or more. A change in 10 dBA sounds twice as loud. Figure 3: Change in Perceived Loudness Chart 2. According to Google Maps, the outdoor venue area of Five Crowns is approximately 40 feet from the facade of 352 Hazel Drive. When projecting the noise level from Five Crowns to 352 Hazel Drive facade, the noise level will be closer to 78 dBA, which exceeds the City’s 55 dBA residential standard. Even with the incorporation of a wall along the perimeter of the outdoor venue area, the level will still exceed the City’s 55 dBA standard. Assuming a reference level of 101.2 dBA at 3-feet from the speakers the level at 40-feet away (distance will be approximately 78.7 dBA, as shown in the calculation below. R1 Reference Dist.: 3 ft L1 Reference Level: 101.2 dBA R2 Facade Dist.: 40 ft L2 Projected Level: 78.7 dBA Figure 4 provides a reference for common sound levels and is commonly referred to as a noise thermometer. The predicted noise level at 352 Hazel Drive will be closer to an Urban Daytime 1 https://www.fhwa.dot.gov/environMent/noise/regulations_and_guidance/polguide/polguide02.cfm Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit July 25, 2024 Agenda Item No. 2 (Permit) Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 7 JN: 13692401_Peer Review#1 level than what was originally predicted in the RK study of 52.8 dBA. This is more than a 26 dBA difference. Figure 4: Common Noise Levels Figure 5 provides the predicted levels within the RK report. Figure 5: RK Report – Predicted “Private Events” Noise Levels Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit July 25, 2024 Agenda Item No. 2 (Permit) Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 8 JN: 13692401_Peer Review#1 The RK study evaluates the Lmax condition but again does not evaluate the existing condition. Using the Lmax recorded on the patio of 103.9 dBA, the Lmax at 352 Hazel Drive would be 81.4 dBA, which exceeds the City’s 75 dBA Lmax standard. In addition, the study fails to take into consideration the repetitive nature of the impulsive noise associated with rhythmic nature of the music. Most complaints from music are associated with the bass drum or drum beat of the music. This is considered an impulsive noise and is commonly associated with the Lmax level. While the City of Newport Beach does not have an acoustical spectrum related noise ordinance, Section 10.26.010 does define Hertz and Impulsive Noise. An evaluation into the repetitive nature of the impulsive noise from the rhythmic nature of the music is something that must be considered when considering live music. These same complaints arise at nearly all open-air venues across the US and are common sources of complaints. https://www.azcentral.com/story/entertainment/music/2023/03/30/shady-park-mirabella- settle-noise-dispute-lawsuit/70065885007/ Complaints associated with impulsive noises are not something new and many Cities across the US are dealing with similar issues associated with Pickleball noise, an impulsive noise. 3. The interior noise level at 2nd and 3rd floor of the surrounding sensitive receptors was not addressed and needs to be evaluated (see Section 10.26.030 of the Noise Ordinance). It is also my opinion that these floors will be seriously impacted by the events because the sound will travel over even the proposed wall system and through the residential building shell design. It is estimated that the interior noise level during a private event measure approximately 61 dBA, (81.4 dBA Lmax – 20 dBA = 61.4 dBA), which exceeds the City’s interior noise limit). Rule of thumb noise reduction achieved by building facades and windows closed is an approximately 20 dBA reduction. However, if we apply a 30 dBA reduction to the noise level at the façade the interior level would be 51.4 dBA and still exceed the City’s 45 dBA limit. 4. No noise enforcement guidelines were provided or limiting factors to address the potential noise issues associated with low frequency noise from subwoofers. MD has been involved in numerous court cases as an expert witness to open venue noise producing live event operations where low frequency nuisance noise is the issue and not properly addressed in the design of the venue. The noise from said events are audibly heard within residences as loud low frequency noise/booms. Low frequency noise is associated with frequencies below 125 Hertz and have a low pitch and long wavelengths.2 5. Section 10.32.030 of the noise ordinance identifies that permit must include the maximum sound-producing power of the amplified equipment including wattage, volume in decibels and approximate distance sound will be projected. None of these items are properly addressed in the sound study. The study needs to be updated to include more information on the proposed 2 https://pubmed.ncbi.nlm.nih.gov/15273024/ Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit July 25, 2024 Agenda Item No. 2 (Permit) Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 9 JN: 13692401_Peer Review#1 equipment to be used at the restaurant. In my opinion there must be strict limitations on the equipment which may be used during events. 6. Please provide distances from noise measurement locations to nearest sound source in the report or in the Appendices. 2.0 Communications The review team had no communications with the project applicant or the preparer of the noise study. 3.0 Conclusion MD has reviewed the noise study prepared for the Five Crowns Temporary Outdoor Dining project conducted by RK Engineering Group. It is my opinion that the study does not adequately evaluate the live music impacts of event outdoor dining to the surrounding sensitive receptors. Based on my experience of evaluating these type of venues, the noise level is under-predicted by approximately 21 to 30 dBA, which is a significant under calculation of the noise impact. Comparatively it is 4 to 8 times louder than the 55 dB limit. There are multiple ways to evaluate the noise impact, for example, run mock scenario where loudspeakers are placed at the outdoor venue patio and record the music at the patio and at the adjacent sensitive receptors at the same time (with and without the music). None of this was done. I also understand that Code Enforcement actually measured some events when you complained. Those Code Enforcement numbers should be obtained, reviewed and made a part of the Permit file record. There are several methods to mitigate the sound such as, limiting the sound level output at the speaker to 77 dBA (regardless of the average or Lmax, both need to be limited) at 3-feet away, actively monitoring the noise and adjusting the sound as it encroaches upon 55 dBA (similar to what MD is currently doing at Penmar Golf Course, and Orange County Fair), enclosing the outdoor patio, and more. In my opinion what is before the City does not accurately describe the event use and requires far more study and fact development to see if mitigation is even possible. My qualifications are provided in Appendix B. If you have any questions regarding this analysis, please don’t hesitate to call us at (805) 426-4477. Sincerely, MD Acoustics, LLC Mike Dickerson, INCE Principal Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) MD Acoustics, LLC JN: 13692401_Peer Review#1 Appendix A Reference Level Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Project: Mountain Shadows Resort Job Number: 0839-2021-02 Site Address/LocaƟon: 5445 E. Lincoln Dr., Paradise Valley, AZ 85253 Date: 11/19/2020 Field Tech/Engineer: Samuel Hord Source/System: Speaker Line Array for Small Venue General LocaƟon: Meter posiƟoned 30-feet from so Sound Meter:Larson Davis 831 SN: Seƫngs: A-wgt slow Meteorological Cond.: 100 degrees, no wind Table 1: Summary Measurement Data Figure 1: Mtn Shadows Monitoring PosiƟon AcousƟc Spectrum - Speaker Line Array for Small Venue Site ObservaƟons: Clear Sky, desert condiƟons liƩle to no wind. DayƟme temp 100 degrees and nighƫme temp low 70s. Leq Lmin Lmax 81.2 68.5 89.4 Ln 2 Ln 8 Ln 25 Ln 50 Ln 90 Ln 99 88.4 84.7 82.7 79.8 73.1 69.8 Source/System Overall Source Overall dB(A) 3rd Octave Band Data (dBA) 20 25 31.5 40 50 63 80 100 125 160 200 250 315 400 500 630 800 1k 1.25k1.6k 2k 2.5k 3.15k 4k 5k 6.3k 8k 10k 12.5k16k 20k Speaker Line Array for Small VenueLoudspeaker 81.2 0.0 0.0 18.3 0.0 0.0 48.2 0.0 0.0 59.2 0.0 0.0 68.9 0.0 0.0 80.3 0.0 0.0 71.9 0.0 0.0 61.2 0.0 0.0 61.3 0.0 0.0 53.2 0.0 0.0 0.0 0.0 Noise Library https://www.mdacoustics.com/hq/index.php?route=field/noise_library/report&token=FXdcc9... 1 of 1 7/22/2024, 3:27 PM Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) MD Acoustics, LLC JN: 13692401_Peer Review#1 Appendix B Reviewers Resumes Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ©MD Acoustics, LLC | All Rights Reserved 22 Mike Dickerson has a passion for the science of sound and vibration and has worked professionally in acoustical engineering since 2002. He received his Bachelor of Science degree in Physics, emphasizing in acoustics from Brigham Young University in Utah. He is currently a member of the Institute of Noise Control Engineers (INCE). Motivated by professional growth and opportunity, Mr. Dickerson formed his own acoustical engineering firm, MD Acoustics in 2012. Mr. Dickerson’s versatile experience includes leading and assisting in the design and review of many facets of acoustical engineering and air quality projects, including but not limited to: air/ noise assessments, ceiling/floor assembly design, architectural design, acoustical product design, vibration analysis and noise mitigation strategies. Prior to starting his own consulting firm, Mr. Dickerson worked for Sony Entertainment, Parsons, and RK Engineering. He has successfully completed over 4,200 acoustical/air quality assessment reports for various engineering companies, municipalities and other agencies (both public and private). His strategic project planning and cost effective management solutions enabled him to excel in the field of Acoustics and project management. In 2011, Mr. Dickerson was asked to present a paper at the Acoustical Society of America Seattle, Washington Conference on his research and work on noise and vibration in Cockpit Door Modules. MD continues to work closely with many engineering disciplines and provides quality results. Mike Dickerson Jr., INCE Principal Education Affiliations & Awards Brigham Young University B.S., Physics (Acoustics), 2005 Institute of Noise Control Engineers (INCE) Acoustical Societyof America (ASA) BYU Acoustic Research Group Association of Environmental Planners (AEP) Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ©MD Acoustics, LLC | All Rights Reserved 23 Representative Project Experience Interior Noise Isolation Analysis • Monterrey Park Residential and Hotel Mixed Use Development, Monterrey Park, CA • 57 Wheeler Mixed Use Development, Arcadia, CA • Melrose Triangle Mixed Use Development, West Hollywood, CA • Britanna at Oyster Point, South San Francisco, CA • Marina City Club, Marina Del Rey, CA • Wells Fargo Corporate Office, Chandler, AZ • Peoria Sports Complex – Seattle Mariners Lobby, Peoria, AZ • Intel Corporation CH5-216/217, Chandler, AZ • Revolt Studio, Hollywood, CA • Mammoth Rock and Bowl, Mammoth Lakes, CA • Rubios Restaurant, San Diego, CA • Americana at Brand, Glendale, CA • 6300 Hollywood Blvd Retail Space, Hollywood, CA • Calvary Church Renovations, Santa Ana, CA Noise Impact Study • Central Metal Incorporated Reclamation Plant Expansion, Los Angeles, CA• Sonora Commons – North Gateway Transfer Station, Phoenix, AZ• Great Wolf Lodge Development, Garden Grove, CA• SuperStar Car Wash All Locations - Corporate Account• City of San Marcos Noise Element Update, San Marcos, CA Oil and Gas Noise and Vibration Assessment • La Goleta Storage Field Enhancement, Santa Barbara County, CA • Whittier Workman Mill Road Oil Rig Drilling Operation, Los Angeles County, CA • La Goleta Storage Compressor Vibration, Santa Barbara County, CA • Mills Station Excavation Noise and Vibration, Ventura, CA Highway/Airport/Rail Noise and Vibration • Caltrans Yucaipa Bridge Box Culvert Improvement, Yucaipa, CA• Caltrans SR-110 Freeway Expansion, Los Angeles, CA • Jackson Hole Airport Noise Contours and Flight Path Evaluation, Jackson Hole, WY• Light Rail Transit Exposition Blvd to Culver Dr, Los Angeles, CA Telecommunications • T-Mobile Telecommunication Tower, Calabasas, CA• T-Mobile Telecommunication Tower, Malibu, CA• Verizon Wireless Telecommunication Tower, Santa Clarita, CA Construction Noise and Vibration • La Goleta Storage Field Enhancement (1-yr construction monitoring), Santa Barbara County, CA• Westin Bonaventura Hotel, Los Angeles, CA• Railroad Canyon Road Expansion, Riverside, CA Industrial Noise and Vibration Assessment • Intel Corporation – Noise Evaluations• Hexcel Corporation Dust Collector Noise & Vibration, Casa Grande, AZ• ABB Inverter Operation Noise and Vibration, Tempe, AZ• Pacific Scientific Shaker Room, Chandler, AZ Air Quality & Greenhouse Gas Assessment • KPC Mixed Use Development, San Jacinto, CA• TTM 36627 Residential Development, Hemet, CA• Smart and Final, Highland, CA• Bellflower Multi-family Development, Bellflower, CA• Golden Gate National Park Recreation Area, San Mateo, CA• RAW removal of Contaminated Soils AQ/GHG, Glendora, CA• Nance Street Warehouse Development, AQ/GHG/ HRA, Perris, CA• Hyssop Drive Warehouse AQ/GHG/HRA, Rancho Cucamonga, CA• Mojave Water Agency Pipeline AQ/GHG, Victorville, CA• Shinohara Warehouse AQ/GHG/HRA, Chula Vista, CA Mike Dickerson Jr., INCE Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ©MD Acoustics, LLC | All Rights Reserved 24 Semiconductor Noise/Vibration Evaluations • NXP Semiconductor – Building M – Vibration Isolation Design/Modifications• NXP Semiconductor – PCW Pump Isolation Vibration Isolation Design• NXP Semiconductor – HVAC Duct Silencer and Acoustical Design• NXP Semiconductor – Demising Wall Evaluation and Redesign• CyrusOne Data Center – Chiller Noise Evaluation and Noise Abatement Mechanical Equipment (HVAC) Noise and Vibration Assessment • Kaiser Hospital AHU Louver Replacement – Acoustics Review/Design, San Francisco, CA• Northern Arizona University – Communication Building Redesign of Mechanical Systems – Noise and Vibration Abatement Assessment and Design Recommendations, Flagstaff, AZ• UCLA Call Center HVAC Equipment Noise and Vibration Design Review and Recommendations, Agoura Hills, CA Film and Entertainment Noise and Vibration Assessment • Revolt Studio, Hollywood, CA• University of Arizona, HSIB, Acoustics Evaluation and Design, Tucson, AZ• The Van Buren, Phoenix, AZ• Down to Shop Studios, Los Angeles, CA Court Cases • Miller/Botkin v. Roper Construction, Lincoln County, NM (D-1226-CV-2021-00261)• Mirabella v. Shady Park, Tempe, AZ (Case No: CV2021-016159)• Sanctuary at Desert Ridge, Scottsdale, AZ• Westfield Mall, Topanga Canyon Blvd., Woodland Hills, CA• Water Hauling Operations, Phoenix, AZ• Mobile Radio Patent infringement, Calfee Attorneys • Foghorn Noise Acoustic Evaluation and Noise Review, Oxnard, CA Ordinances • Flagstaff Police Department and City of Flagstaff Noise Ordinance, 2022• Flagstaff Parks Noise Ordinance, Flagstaff, AZ, 2018• Queen Creek Noise and Vibration for Well Drilling, Queen Creek, AZ• Fountain Hills Noise Ordinance, Fountain Hills, AZ• Paradise Valley Special Event Noise, Paradise Valley, AZ Product Development/Testing • Wrap Technologies, BolaWrap, Silencer Suppressor, 2019/2020• International Drying Corporation - Stealth Dryer Systems• International Drying Corporation - Impeller Design• International Drying Corporation - Silencer Design• International Drying Corporation - Mechanical Engineering/Flat Piece Design/Machining• Sound Cave Laboratory, Anechoic Chamber Representative Project Experience - continued Mike Dickerson Jr., INCE Go Back to Meet the Team ↑ Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Exhibit B Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) CITY OF NEWPORT BEACH REVENUE DIVISION 100 CIVIC CENTER. P.O. BOX 1768 • NEWPORT BEACH, CA 92658-8915 (949) 644-3141 RevenueHelp@newportbeachca.gov • http://www.newportbeachca .gov/Revenue SOUND AMPLIFYING EQUIPMENT PERMIT APPLICATION NON-REFUNDABLE $75.00 application fee due upon submittal. Make check payable to City of Newport Beach. Name: __________________________________________________________________________________ _ Home Address: ____________________________________________________________________________ _ City: __________________________________________ State: ___ Zip: _____ _ City: _________________________________________________________ State: _______ Zip: _________ _ Telephone No.: ( ______ -"-___________ _ Email: ________________________________________ __ Applying for use of: Sound Amplifying Equipment 0 Sound Truck 0 Pu rpose for wh ich the eq u i pmen t wi" be used: _____________________________________________________ _ Event Date( s): _____________________________________ Hours of Operation : __________ to _________ _ * Permits will not be approved for times between 8:00 p.m. and 8:00 a,m.; Beach front locations will also not be approved * If applying for use of sound amplifying equipment: Equipment Operator: _______________________________________________________________________ __ OperatorAddress: _________________________________________________________________________ _ City: ______________________________________________ State: ___ Zip : _______ __ Add ress or location where the eq u ipment wi II be used: _______________________________________________ _ If applying for use of a sound truck: Sou nd Truck Operator: _______________________________________________________________________ _ Operator Address: __________________________________________________________________________ _ Year: ______________ _ Make: __________ _ Model: __________ _ License Plate No.: ______________ _ Section (s) of City where th e eq uipment wi" be used: _________________________________________________ _ Sound Amp EquIp App 2022·06 FINAL4 Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Maximum sound producing power: Wattage: ___________ Volume (in decibels): ______ _ Approximate maximum distance sound will be projected from equipment: _:::--;--;----;-:-:-_-;--__ -;---:-_:--:-:-:-:...,.,.-,---;_ (NBMC Section 10.32.060 (0): The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred (100) feet) Do you have a Use Permit? Yes No Use Permit Number: __________ _ Does your Use Permit regulate the type of activity this permit allows? Yes No I hereby certify, under penalty of perjury, that I am authorized to make this statement and the information provided on this application is true and correct. Applicant's Signature: ____________________ Date: __________ _ ** The application fee is NON-REFUNDABLE. Allow 10-14 business days for processing. CITY OF NEWPORT BEACH MUNICIPAL CODE CHAPTER 10.32: SOUND-AMPLIFYING EQUIPMENT 10.32.060 Regulations for Use. The use of sound-amplifying equipment and sound trucks in the City shall be subject to the following regulations: A. The only sounds permitted are music and human speech. B. Sound shall not be emitted within one hundred (100) yards of hospitals, churches, and the City Hall. C. The human speech and music amplified shall not be profane, lewd or slanderous. D. The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred (100) feet from the sound-amplifying equipment or sound truck, and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the range of allowed audibility. E. The sound amplifying equipment or sound truck shall not be used between the hours of eight p.m. and eight a.m. (Ord. 95-38 § 4 (part), 1995) 10.32.090 Exceptions. The provisions of this chapter shall not apply to the use of sound trucks or sound-amplifying equipment in conducting the following activities: A. Any activity conducted on public property, or on private property with the consent of the owner, by any public entity, or its officers, employees, representatives, agents, subcontractors, permittees, licensees, or lessees, which is consistent with, and in furtherance of, the governmental functions or services the public entity is authorized, or responsible, to perform. Activities which are exempt from the provisions of this chapter include, without limitation, sporting and recreational activities which are sponsored or co-sponsored by the City of Newport Beach or the Newport Mesa Unified School District; B. Activities conducted on property of churches or private clubs where the sound is confined within the boundaries of such property; C. Licensed sightseeing or excursion vessels operating on the waters of Newport Harbor; D. Activities conducted within the boundaries of City-licensed amusement centers where the sound is confined within the boundaries of such amusement centers; E. Activities regulated by a use permit or other land use control under the provisions of Title 20, planning and zoning; F. Activities regulated by a special events permit under the provisions of Chapter 5.10, special events. (Ord. 95-38 § 4 (part), 1995) Sound AMP EquIp App 2022-06 FINAL-t Zoning Administrator - July 25, 2024 Item No. 2d - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202)