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HomeMy WebLinkAbout03_Five Crowns Limited Term Permit and CDP_PA2023-0202CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT August 15, 2024 Agenda Item No. 3 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 existing outdoor patio have historically been used for private events on the weekends. The existing operating hours of the restaurant will remain the same. A public hearing was held by the Zoning Administrator on July 25, 2024. At the close of the public hearing, the Zoning Administrator continued the item to August 15, 2024 to give the applicant additional time to address concerns related to noise. The July 25, 2025 staff report and additional materials can be found in Attachment ZA 3. RECOMMENDATION 1)Conduct a public hearing; 1 Five Crowns Temporary Outdoor Dining (PA2023-0202) Zoning Administrator, August 15, 2024 Page 2 Tmplt: 01/18/23 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment; and 3)Adopt Draft Zoning Administrator Resolution No. _ approving a Limited Term Permit and Coastal Development Permit filed as PA2023-0202 (Attachment No. ZA 1). DISCUSSION Project Description •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 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 has 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, dining, or live entertainment. The outdoor live entertainment would require the construction of a soundwall and other design features to attenuate noise in compliance with the Newport Beach Municipal Code (NBMC). •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 82 parking spaces. The size and location of the parking lot provides ample parking for the temporary expanded outdoor dining area. 2 Five Crowns Temporary Outdoor Dining (PA2023-0202) Zoning Administrator, August 15, 2024 Page 3 Tmplt: 01/18/23 •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. Background •As part of the application submittal, the applicant provided a noise report, “Five Crowns Restaurant Outdoor Dining Noise Analysis, City of Newport Beach” (Original Noise Report) dated June 13, 2024 by RK Engineering Group. Inc. The Original Noise Report described the design features necessary to allow outdoor dining within the expanded patio area. The Original Noise Report did not specifically address the live entertainment component of the application. •On July 22, 2024, a second noise report was provided “Five Crowns Restaurant Private Event Noise Analysis, City of Newport Beach” (Second Noise Report) dated June 13, 2024 by RK Engineering Group, Inc. that specifically addressed noise from live entertainment associated with private events in the outdoor patio. The Second Noise Report recommended additional design features to reduce noise levels to comply with the NBMC standards. On July 23, 2024, staff issued a memorandum to circulate the Second Noise Report and provide additional conditions of approval based on the recommendations of the report. •The project was heard by the Zoning Administrator on July 25, 2024. Prior to the public hearing, staff received several public comment letters from a nearby resident, Mr. Kenneth Catanzarite, documenting his concerns related to the proposal. Mr. Catanzarite also spoke during the public hearing, sharing concerns primarily related to the adequacy of the noise report and requesting a continuance of the item for 30-days. As part of his comment letter, Mr. Catanzarite also provided an opposing response to the Applicant’s noise studies, which was prepared by MD Acoustics, dated July 24, 2024. The response identified concerns with the methodology in the RK Engineering Group Inc. reports and asserted that the noise levels would exceed City standards. Mrs. Kim Catanzarite also spoke at the public hearing with concerns related to noise. Lastly, another nearby resident, Joan Oldfield, spoke at the public hearing with concerns related to congestion on Hazel Drive, noise, and Fire Marshal review of the patio. All public correspondence received for the project is included in Attachment 3. •In response to the concerns of the nearby residents, the Applicant agreed to limit the number of large events (over 75 people) to four times a month. The Applicant also clarified that the outdoor patio could only comfortably accommodate 75 or fewer persons. The number of attendees described on the restaurant’s webpage (150-200 people) included use of the interior of the restaurant. At the close of the 3 Five Crowns Temporary Outdoor Dining (PA2023-0202) Zoning Administrator, August 15, 2024 Page 4 Tmplt: 01/18/23 public hearing, the Zoning Administrator expressed concern regarding the late receipt of the Second Noise Report. The Zoning Administrator continued the item to the August 15th, 2024 hearing to allow the Applicant time to sort through the various noise issues and provide concrete parameters for the number of events per month. Analysis •In response to the concerns identified during the public hearing and public correspondence, the Applicant prepared an updated noise analysis, “Five Crowns Restaurant Private Event Noise Analysis City of Newport Beach” (Updated Noise Analysis) by RK Engineering Group, Inc. dated August 5, 2024 (Attachment ZA 4). •The Updated Noise Analysis states that the purpose of the noise study is to demonstrate that with implementation of recommended design features, the noise levels from the project would not exceed the City’s standards. The report describes the City’s interior and exterior noise standards and provides a complete list of Design Features that would reduce noise levels emanating from the outdoor patio. •Pursuant to the Updated Noise Analysis, Design Features (DF-1 through DF-7) will be required as conditions of approval for the project. •For example, Design Feature DF-1 (Sound Walls) requires the installation of a block wall that adequately attenuates noise in compliance with the noise regulations of the NBMC. The project includes a condition requiring a building permit and construction of the sound attenuation wall. The wall would be designed pursuant to the specifications in the Updated Noise Analysis. •Other Design Features from the Updated Noise Analysis include DF-2 (New 10- foot-tall Gate on Hazel Drive), DF-3 (Acoustical Paneling on Covered Patio), DF-4 (Maintain Dense Shrubbery), DF-5 (Speaker Location Requirements for Private Events), DF-6 (Limitations on Equipment), and DF-7 (Follow-Up Analysis and Monitoring of Private Events). The Design Features would reduce noise levels to comply with the noise regulations of the NBMC during operation of the expanded outdoor dining and for private events with exterior live entertainment. •Design Feature DF-6 was added as a recommendation, and DF-7 was modified as part of the Updated Noise Analysis. DF-6 brings attention to the use of heavy bass equipment or other low frequency noise generators that tend to be more impactful, and DF-7 requires an ongoing noise monitoring program with professional assistance. 4 Five Crowns Temporary Outdoor Dining (PA2023-0202) Zoning Administrator, August 15, 2024 Page 5 Tmplt: 01/18/23 •The Updated Noise Analysis evaluated noise impacts at a receptor on the 3rd-floor balcony at 352 Hazel Drive to demonstrate that the outdoor balcony noise levels will be attenuated below the City of Newport Beach Exterior Noise Standards. •The Updated Noise Analysis also includes the estimated noise level at the interiors of the residential receptors, demonstrating that the interior noise levels will be attenuated below the City of Newport Beach Interior Noise Standards. •Additionally, the applicant provided a separate document, “Response to Comment Letter – Five Crowns Restaurant Noise Analysis, City of Newport Beach” (Response Letter) prepared by RK Engineering Group, Inc. on August 5, 2024. This letter is intended to respond to comments received from the neighbors at the public hearing on July 25, 2024. The Response Letter is found in Attachment ZA No.4. •The Response Letter includes an explanation of occupancy limits and noise levels. The letter states that the number of guests is not directly correlated to the amount of noise an event can generate. Noise is more significantly influenced by the use of amplified speakers, instruments and the type of activity taking place. Therefore, the letter argues that capping the maximum permissible noise levels is more effective than capping the number of attendees. This recommendation is addressed with Design Features DF-5 and DF-6 which are included as conditions of approval. Therefore, the Applicant is not proposing a specific cap on the number of large events or number of individuals that can occupy that outdoor patio. The applicant will still be subject to review by the Building Division and Fire Department to confirm compliance with maximum occupancy limits. Coastal Development Permit •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. 5 Five Crowns Temporary Outdoor Dining (PA2023-0202) Zoning Administrator, August 15, 2024 Page 6 Tmplt: 01/18/23 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 1 exemption includes interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances as well as additions to existing structures of up to 10,000 square feet. The proposed scope of work includes the temporary use of an outdoor dining area of approximately 1,350-square-feet including an 850-square-foot tent canopy with exterior live entertainment at an existing restaurant. Therefore, the project 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 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 6 Five Crowns Temporary Outdoor Dining (PA2023-0202) Zoning Administrator, August 15, 2024 Page 7 Tmplt: 01/18/23 Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 July 25, 2024 ZA Staff Report and Additional Materials ZA 4 Updated Noise Analysis dated August 5, 2024 and Response Letter dated August 5, 2024 ZA 5 SCE Decals ZA 6 Project Plans 7 Attachment No. ZA 1 Draft Resolution 8 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. At the close of the public hearing, the Zoning Administrator continued the item to August 15, 2024 to give the applicant additional time to address concerns related to noise. 9 Zoning Administrator Resolution No. ZA2024-### Page 2 of 13 01-17-23 7. A public hearing was held on August 15, 2024, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to 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 Class 1 exemption includes interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances as well as additions to existing structures of up to 10,000 square feet. The proposed scope of work includes the temporary use of an outdoor dining area of approximately 1,350-square-feet including an 850-square-foot tent canopy with exterior live entertainment at an existing restaurant. 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: 10 Zoning Administrator Resolution No. ZA2024-### Page 3 of 13 01-17-23 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. 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 and other design features to attenuate noise, pursuant to the “Five Crowns Restaurant Private Event Noise Analysis City of Newport Beach” (Updated Noise Analysis) prepared by RK Engineering Group, Inc. dated August 5, 2024. The project is conditioned to comply with all of the design features recommended by the Updated Noise Analysis. In addition to the sound wall, the project shall provide the following design features: DF-2 (New 10-foot-tall Gate on Hazel Drive), DF-3 (Acoustical Paneling on Covered Patio) and DF-4 (Maintain Dense Shrubbery), DF-5 (Speaker Location Requirements for Private Events), DF-6 (The use of heavy bass equipment, including drums, amplified bass guitars, and subwoofers will be significantly restricted including DJ sound filters and limiters); and DF-7 (Follow- Up Analysis and Monitoring of Private Events). The Design Features would reduce noise to comply with the noise regulations of the NBMC during operation of the expanded outdoor dining area and 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: 11 Zoning Administrator Resolution No. ZA2024-### Page 4 of 13 01-17-23 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. 4. All of the Design Features recommended in the Updated Noise Analysis including a sound attenuation wall, a new 10-foot-tall gate on Hazel Drive, acoustical paneling on the covered patio, maintenance of dense shrubbery, limitations on the musical instruments and equipment, and ongoing monitoring of the private events will be required as part of project implementation. 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 12 Zoning Administrator Resolution No. ZA2024-### Page 5 of 13 01-17-23 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. 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. 13 Zoning Administrator Resolution No. ZA2024-### Page 6 of 13 01-17-23 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 Corona del Mar. 4. The site is not located within a specific plan area. Coastal Development Permit In accordance with Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth: Finding: F. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The 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. 14 Zoning Administrator Resolution No. ZA2024-### Page 7 of 13 01-17-23 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 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. 15 Zoning Administrator Resolution No. ZA2024-### Page 8 of 13 01-17-23 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 call for review is filed with the Community Development Director by the provisions of Title 21 Local Coastal Program (LCP) Implementation Plan and Title 20 (Planning and Zoning), of the Newport Beach Municipal Code. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapters 20.64 and 21.64. The project site is not located within the appeal area of the coastal zone; therefore, final action by the City may not be appealed to the California Coastal Commission. PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF AUGUST 2024. _____________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator 16 Zoning Administrator Resolution No. ZA2024-### Page 9 of 13 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. 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. 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 Updated Noise Analysis prepared by RK Engineering Group, Inc. dated August 5, 2024 (Five Crowns Restaurant Private Event Noise Analysis City of Newport Beach). The sound wall 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) and DF- 4 (Maintain Dense Shrubbery), DF-5 (Speaker Location Requirements for Private Events), DF-6 (The use of heavy bass equipment, including drums, amplified bass guitars, and subwoofers will be significantly restricted including DJ sound filters and limiters); and DF-7 (Follow-Up Analysis and Monitoring) as found under Section 1.1 Project Design Features, shall be provided and maintained in good condition. 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. 17 Zoning Administrator Resolution No. ZA2024-### Page 10 of 13 01-17-23 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. 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 18 Zoning Administrator Resolution No. ZA2024-### Page 11 of 13 01-17-23 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. 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. 19 Zoning Administrator Resolution No. ZA2024-### Page 12 of 13 01-17-23 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. • 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. 20 Zoning Administrator Resolution No. ZA2024-### Page 13 of 13 01-17-23 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. 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. 21 Attachment No. ZA 2 Vicinity Map 22 VICINITY MAP Limited Term Permit and Coastal Development Permit PA2023-0202 3801 East Coast Highway Subject Property 23 Attachment No. ZA 3 July 25, 2024 ZA Staff Report and Additional Materials 24 CITY 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 25 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 26 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 27 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 28 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 29 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 30 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 31 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 32 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 33 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 34 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 35 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 36 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 37 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 38 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 39 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 40 VICINITY MAP Limited Term Permit and Coastal Development Permit PA2023-0202 3801 East Coast Highway Subject Property 19 41 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 42 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 43 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 44 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 45 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 46 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 47 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 48 ______________________________________________________________________ ______________________________________________________________________________ Attachments 28 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 KENNETH -.J. CATANZARITE ATTORNEY AT LAw DIRECT DIAL: (7 I 4) 678-2 I 00 Via Email: Benjamin M. Zdeba, AICP Zoning Administrator CATANZARITE LAW CORPORATION ATTORNEYS & COUNSELORS AT LAw 233 I WEST LINCOLN AVENUE ANAHEIM. CALIFORNIA 9280 I (714) 520-5544 FACSIMILE: (714) 520-0680 August 14, 2024 Melinda Whelan Assistant Planner E-MAIL ADDRESS: KCATANZARrTE@CATANZARrTE.COM DIRECT FAX: (7 I 4) 399-0577 City of Newport Beach City of Newport Beach 100 Civic Center Drive, Bay 2D Newport Beach, CA 92660 CD D@newportbeachca.gov 100 Civic Center Drive, Bay 2D Newport Beach, CA 92660 mwhelan@newportbeachca.gov Re: Supplemental Objections to Five Crown's Temporary Outdoor Dining (PA2023-0202), Limited Term Permit (More than 90 Days), Coastal Development Permit Application Initial Hearing: July 25, 2024 Agenda Item No.2 Continued Hearing: August 15, 2024 10:00 a.m. Supporting Neighbors, collectively the "Residents" and "Objectors": Ken & Kim Catanzarite ("Catanzarite") 352 Hazel Drive (Receptor 3) Herb & Harriet Melmon 344 Hazel Drive (Receptor 4) Dear Mr. Zdeba and Ms Whelan: This letter and Exhibits including its numerical point headings 1 through 12 supplement our Objections filed July 24, 2024 concerning the: 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 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. Bold emphasis added. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 2 Objectors have obtained information requests from the City attached as Exhibit "c" Use Permit 1822 ("UP 1822"), Exhibit "D" COVID Temporary Permit ("ETUP" below) and Exhibit "E" Citation #: I231914A and July 12,2023 Notice Letter. These documents and review of the Newport Beach Municipal Code ("MC") make clear: (1) The "Project" for numerous reasons cannot and should not be approved under any circumstances as a Temporary use. (2) Five Crowns (the "Applicant") should immediately be cited for its continued operations which are contrary to UP 1822 and prohibited from use of the outdoor dining patio (the "Patio") for anything other than the 1977 approved 350 square feet for dining until 9:00 pm. (3) If any expanded use of the Patio is sought by Applicant it must be through application to modify the 1977 approved UP 1822 with full consideration by the Planning Commission and City Council. (4) The Application is nothing more than an end around UP 1822 with its well reasoned restrictions that prohibited exactly what Applicant seeks, that is 1,000 more square feet in the Patio to increase its patron count "net public area" by 20%, increased hours of operation to 10 pm from 9pm, with amplified sound for Events that were restricted to inside the building. This no doubt results in a more than 20% increase in revenue and profits at the expense of Applicant's neighbors. There is nothing neighborly here. (5) The substantial wisdom of the limitations imposed under UP 1822 and ETUP which should not be lost at this hearing-UP 1822 considered the sound, light and traffic generated from use of the 1,350 square foot Patio area and limited its use to 350 square feet, limited the hours of operation to 9 pm and provided that there shall be no amplified sound at all. While this Application because of how it was presented has focused on amplified sound, the real focus must in the final consideration be on the soundness of conditions imposed under UP 1822 which satisfy objecting neighbors concerns: continue to restrict outdoor patio use to 350 square feet, open not later than 9 pm and no amplified sound. That is what is required of Applicant and this Application cannot and must not be approved. No rational basis exists for the findings that would be required to overcome UP 1822 limitations, none. The Project cannot and should not be approved for the following reasons: A. The Project is Not of Limited Duration, Not Compatible With Adjacent Residences and Admitted Illegal Operation Since September 6, 2021 in Violation of UP 1822 Disqualifies the Project Equitably and Mandatorily from Consideration Under MC 20.52.040 E. b. and c. 1. MC 20.52.040 Limited Term Permits does not apply to this Application because: (A) the purpose is not " ... oflimited duration (e.g., interim, nonpennanent, and/or seasonal in nature) that would be compatible with adjacent and surrounding uses ... " Objection: The examples under this section do not at all comport with the Project- nothing about this use is temporary. Examples of such temporary use are Christmas tree lot, construction operation lot and the like. Indeed, Applicant admits that it has been engaged in Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24,2024 Page 3 illegal operation since the COVID Emergency Permit. Why? Because UP 1822 at Exhibit C and Exhibit "D" COVID Temporary Permit which expired required that there be no increase in occupancy, hours of operation and no amplified sound. Yet Five Crowns admits that its expanded use of the Patio increased occupant load vis "net public space" discussed below at #3-4, held Events, extended hours of operation until 10 pm and offered amplified music and sound. 2. (B) the purpose is not of a type or nature consistent with 20.52.040 D. Allowed Limited Duration Uses. and s not "compatible with the subject zoning district and surrounding uses." Objection: Even if this were a legitimate "limited duration use", it is not, there are residences withing 40-45 feet of the Project activities-there is simply nothing of a kind or nature conducted next door nor for that matter in all of Corona del Mar Village. Statements to the contrary are conclusory because the City has no examples. Consider the absurdity of this application. Imagine where you live that your next door neighbor seeks a pemlit for amplified outdoor sound to hold Events in their backyard within 40 feet of your open windows and deck where in a crowded 1,350 square feet patio they will have 70 people 7 days a week partying until 10 pm with amplified sound. The absurdity of this proposal cannot be understated. The sound of the crowd talking alone at greater sound levels to be heard is an obvious intrusion into the quiet enjoyment of the neighbors, adding amplified sound makes it simply outrageous. No City reviewer, including those writing this up recommending approval nor the Zoning Administrator would tolerate this in their back yard. Efforts to justify the expanded commercial use ofthe Restaurant by 20% plus as here is not permitted. For that reason as well as others the Application must be denied. 3. Five Crowns has been conducting its Events in the 1,350 courtyard for years without interruption and without a permit including the increased 1,000 square feet, hours of operation until 10 pm from 9 pm, with amplified sound. It did so knowing all such conduct was prohibited. This includes an express notice on July 12, 2023 that an amendment to UP 1822 was necessary. Applicant seeks a prohibited by UP 1822 increase of 20% in its "net public space" to 5,800 square feet, increased hours of operation and amplified sound, all intruding on its neighbors' quiet enjoyment without seeking, as required an amendment to UP 1822-this is not permitted. Objection: To approve a temporary permit would reward illegal conduct that has been the subject of a citation for noise ordinance violation, a July 12, 2023 City notice email stating the requirement that Applicant must seek amendment of UB 1822 and multiple complaints including a Citation, as well as continued violations reported on August 3, 2024 with sound measurements of over 70 DB. The June 2023 Complaints With Excessive Sound Reading confirmed by the City leading to issuance of Citation #: 1231914A: On Sunday June 18,2018 at roughly 10:00 p.m. Objectors called Newport Beach Code Enforcement because of the loud and raucous noise coming from Applicant. Officer Aydee Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 4 Insunza received the call and at roughly 10:00 p.m. recorded "FIRST SOUND READING COMPLETED AT 9:54 PM, 60.6-68.2 DCB METER SET UP ON THE SIDEWALK OUTSIDE OF [352 Hazel]. 2ND SOUND READING COMPLETED AT 9:57 PM, 62.7-72.2 DCB." See Exhibit E. Again, on Saturday June 24, 2018 at roughly 9: 10 p.m. Objectors again called Newport Beach Code Enforcement because of the loud and raucous noise corning from Applicant. Officer Aydee Insunza received the call and at roughly 10:00 p.m. recorded "FIRST SOUND READING COMPLETED AT 9: 10 PM, 60.3-66. DCB METER SET UP ON THE SIDEWALK OUTSIDE OF [352 Hazel]. 2ND SOUND READING COMPLETED AT 9:12 PM, 62.9-70.5 DCB. I went down on Hazel and I was still able to hear the noise .. " See Exhibit E. These recorded observations confirm the violations of UP 1822 specifically occupying the 1,350 area when restricted to 350 square feet, operating after 9 pm and amplified sound, all prohibited. The June 12,2023 Notice That Applicant's conduct was prohibited and required amendment of UP 1822. In June 2023, Applicant engaged in obfuscation and misdirection led by Ryan Wilson as CEO contending its Events and amplified music was somehow justified by UP 1822 and its historical operation. The evidence is that Mr. Wilson is the leader of this misconduct seeking more revenue and profits by taking extreme unsupported positions vexing his neighbors for the sake of 20% more space, increased hours and amplified sound Events to generate more revenue and profits. In the end, the City of Newport Beach rejected the contentions finding modification of UP 1822 was necessary as follows: From: Orozco, Oscar Sent: July 12,2023 10:38 AM To: Ryan Wilson Cc: Brian Stone; Munoz, Jonathan Subject: RE: Five Crowns Garden Operations Research Follow Up Flag: Flag for follow up Flag Status: Completed Hi Ryan, Thank you for your patience on my research on the discussion of the existing code and existing use permit for Five Crowns 3801 Coast Hwy. (UP 1 078 & UP1822). As approved the existing use permit approved the restaurant use and does not allow for private events. In addition, the private events would have required a use permit per the zoning code in the 70s when the use permit was approved. In order for the private events to be an allowed use, you will need to amend the existing use permit. Please let me know if you have any questions or would like to discuss the process for amending the use permit. I am more than happy to help. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 5 As a reminder, please work with code Enforcement to address the noise related code enforcement notice letter you've received. Regards, Oscar Orozco Assistant Planner Community Development Department Office: 949-644-3219 100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 Bold emphasis added, See page 5 of Exhibit E. In perspective Applicant was told over one year ago that it had to make application to amend UP 1822 and chose not to do so pursuing this end around with it is not to be forgotten misrepresentation of its true intentions. The August 3, 2024 continued Applicant's misconduct and sound readings exceeding 70 db. Applicant has continued to hold Events in the 1,350 square foot Patio, after 9 pm with amplified sounds all as prohibited by UP 1822. In front of352 Hazel, this video demonstrates both the noise and light violations from use of the 1,350 square feet during an Event in August 2024. [https:/ /www.dropbox.com/scl/fi/3fhgquxob4zapxsq9pI27/20240803_203859.mp4 ?rlkey=vtvrhu 20jOxfgdzamzkm47urs&st=tpv90 1 h6&dl=0] In front of 352 Hazel, this video shows continued use of the gate in the side wall on Hazel Drive for patrons using that entrance while parking on Hazel rather than in the offstreet lot on Poppy as described in UP 1822. [https://www.dropbox.com/scl/fi/lk5fbwp3mhrfrozff2336/20240803_ 2040 11.mp4 ?r1key=7 c5 y5pbfugq sryghOe3 eao 1 u 7 &st=4 km3 yhdy &dl = 0] In front of 352 Hazel, this meter reading exemplifies readings taken the same evening. Code Enforcement was called but unfortunately by the time Code Enforcement arrived the Event had ended. Applicant never obtained any permit for any of its numerous Events nor for the use of amplified sound in the 1,350 square foot Patio notwithstanding its loud and raucous noise being generated and foisted upon its residential neighbors. The reason for this inapplicable Temporary Permit is that Applicant does not have 40 60 20 ! 0 73dB 60dB 73dB o 00 J.Advertisement - 80 100 90dB Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 6 sufficient off-street parking to amend or modify UP 1822 which limits "net public area" to 4,800 square feet. In other words adding 1,000 square feet would increase the area to 5,800 square feet generating 20% more space and a commensurate increase in its revenue and profits from increasing hours from 9 pm to 10 pm and addition amplified sound while causing congestion on Hazel and Poppy and prohibited intense increased activity exemplified by the Citation and continued notices. B. Disqualification of Applicant is Mandated by MC 20.52.040 E. b. and c. Because of the Admitted Unpermitted Conduct and #3 Described Activities. 4. Because Applicant has operated illegally at least since the end of the COVID emergency permit termination on September 6, 2021, its application is disqualified under: 20.52.040 E. Application Filing, Processing, and Review. b. Application Before Operation. A complete application shall be filed with the Department at least thirty (30) days before the date that the proposed limited duration use is scheduled to take place. c. No Similar Activities for Thiliy (30) Days. The same or very similar limited duration use shall not be allowed to operate on the same lot for at least thirty (30) days following termination of the previous use. Objection: The Application must be summarily denied. There is no ambiguity about the language "shall" since here Applicant admits it has continuously operated since at least September 6, 2021 on a continuous basis, the Citation at #3 confinns exactly that and as such it does not meet the requirements to make even a Limited Term Permit application, even if it qualified to begin with, which it does not. Certainly, the City sees and knows of this disqualifying event because it fails to address it or excuse it. This is not discretionary but mandatory. The best the City can do is consider a new application after Five Crowns has shut down its violating operations for not less than a continous 30 days. And when they apply we neighbors will again object. 5. The City's characterization of the Existing Use admits there is no amplified music allowed, proposes to excuse the illegal un-permitted operation, misrepresents hours of operation until 10 and then sweeps under the rug the entire illegal use contrary to UP 1822 with the following statement: " The outdoor dining area will include live entertainment and will close by 10:00 p.m." Objection: A cursory review of the nature ofCOVID permit discloses the misrepresentation: II II Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 7 The Emergency COVID Permit Does Not Expand Number of Patrons, Limits Hours to 9 p.m. and Prohibits Amplified Music-it is a Misrepresentation of Fact to Say Otherwise. Applicant sought and obtained COVID Emergency Temporary Permit No. UP 2020-128 and Emergency Coastal Development Permit No. CD2020-11 0, a copy of which is attached as Exhibit "D" (collectively the "ETUP") which allowed temporary use of an added 1 ,000 square foot outdoor area to be combined with the 350 square foot outdoor patio area, which was approved as part of a total 4,800 square foot "net public space" in 1977 with UP 1822. The ETUP facilitated the six foot distancing for patrons in the patio and garden area. Significantly, in making the findings for ETUP approval the Community Development Director found and imposed conditions of approval as follows: 1. The operation authorized by this Emergency Temporary Use Permit and Emergency Coastal Development Permit is temporary and only valid during the emergency order established by Emergency Ordinance No. 2020-005; 5. The proposed operation does not constitute an increase in the overall occupant load beyond what the existing Use Permit [UP 1822] and/or Certificate of Occupancy allow; 19. The proposed operation does not extend any hours of operation beyond those currently permitted by Use Permit No. UP1078 and UP1822 (no hour of operation limitations). IV. CONDITIONS OF APPROVAL. 1. Only that specifically described above and depicted in the attached site plan is authorized, subject to the conditions set forth below. Any additional changes require separate review and may necessitate separate authorization from the Director. The expanded dining area shall be in substantial conformance with the site plan and seating layout provided in Attachment No. CD 4. 4. The expanded outdoor dining patio shall not exceed 1,350 square feet. 6. The existing allowed hours of operation of the establishment shall not be extended. The hours of operation of the area modified as part of this Emergency Temporary Use Permit shall not extend beyond 9 p.m. 7. The use of amplified sound within the temporary area shall be prohibited. 8. All dining tables shall be separated from other dining tables and/or waiting areas by a minimum distance of seven (7) feet to ensure proper social distancing is maintained. Bold emphasis added. In sum the ETUP restricted the use such that Applicant could not expand the number of patrons, could not be open past 9 pm and prohibited amplified sound. This of course is all contrary to the Project expanding the number of patrons, hours until 10 pm and amplified sound, all contrary to UP 1822. Therefore it is a misrepresentation to state otherwise. The City is not protecting the peace and quiet the objecting neighbors seek to enjoy given this years long misconduct of Applicant with its after 9 pm loud and raucous parties, the Events. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 8 6. Worse the Project Description Further ignores the strict limitations imposed on the Applicant's operations since 1977. The City in its Staff Report ignores those limitations altogether paying only a passing comment about UP 1822 and then attempting to white wash the Application by falsely calling the use as qualifying for a "Temporary Permit" which fails as described a #1-5 above. Objection: The Project cannot be approved because it violates UP 1822 effectively amending it without due process to the neighbors all in a rushed setting. UP 1822 Approved in 1977 Prohibits: 1. Use of the 1,000 Square Foot Outside Patio, 2. Use after 9 pm, 3. Events On the Outside Patio and 4. Amplified Music -it is a Misrepresentation of Fact to Say Otherwise. Applicant Must Seek a Modification of UP 1822 through Planning Commission and City Council. The Project description if approved would without complying with the City's Use Permit requirements makes the following material changes to UP 1822 and even the lapsed on September 6, 2021 Temporary Emergency Permit: 1. It increases the occupant load under UP 1822 which is set at 150 patrons. 2. It allows a 1,000 square foot expansion which is over 20% more than the 4,800 square foot "net public area" carefully set out and limited in UP 1822. Since over 10% a new or modification of UP 1822 is required. 3. It increases the hours of operation from 9:00 pm to 10:00 pm. 4. It sanctions amplified music prohibited under both UP 1822 and the COVID ETUP There is no justification for the Application because UP 1822 presently applicable prohibits exactly what Applicant proposes. Instead, Applicant must cease all of its activities for at least 30 days and then apply for a Temporary Permit which cannot be granted or seek the proper channel of modification of UP 1822. 7. Applicant's Operations are governed by its March 14, 1977 Use Permit 1822 ("UP 1822") which was comprised of "net public area" of a total 4,800 sq.ft., including a 348 sq.ft. outdoor patio which conditioned the permit upon having 87 car parking on an off-street lot and a waiver of 34 of the otherwise required 120 car parking off-street. Restaurant capacity was stated at Event entertainment at the time was the piano bar pictured in its floor plan. Objection: Both the Applicant and the City know: • The net public area cannot be increased without an amendment to UP 1822. A 1,000 square foot increase in the outdoor patio use will be an over 20% increase in the "net public area" which cannot be considered absent an amendment. • The Events conducted are not allowed under UP 1822 in the 350 square foot patio area. • No amplified sound can be used in the 350 square foot patio area let alone a 1,350 square foot patio area. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 9 8. Applicant acknowledges and admits that it has continuously operated its "Events" described on its website including with amplified music without a permit outside in the Patio area. The Five Crowns website in May 2023 confessed its unapproved 200 Events https:/ Iwww.lawrysonline.comlfive-crowns/pri vate-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. Objection: These Events are obviously substantial. The must be conducted inside the Restaurant not outside causing noise and light intrusion even without amplified sound disrupting the neighbors quiet enjoyment. 9. The Application must be denied outright or at a minimum refened to the Planning Commission for a hearing because there is public interest and controversy requiting a public forum. Objection: There is provision for refenal of this alleged Temporaty Permit if it is to be considered at all to the Planning Commission. C. Review here is limited and required findings cannot be made to support an approval decision. 20.52.040 F. Review Authority. 2. The Zoning Administrator may instead refer the application for a limited term pelmit to the Commission for consideration and final action when, in the Zoning Administrator's judgment, there may be public interest, controversy, or issues requiring a public forum due to the nature of the request. 3. Ifrefened to the Commission, the Commission shall conduct a public hearing on the application. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). 10. The 20.52.040 F. Findings and Decision. The required Findings cannot be met. 1. The operation of the requested limited duration use at the location proposed and within the time period specified would not be detrimental to the hatmonious 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; Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24, 2024 Page 10 Objection: The expanded by 1,000 square foot operation until 10 pm is unwananted and not permitted under UP 1822. No such finding can be made that contradicts UP 1822. After all it is a limitation already imposed, the proposed increase in space of 1,000 square feet is 20% exceeding the 10% threshold requiring an amendment to UP 1822. 2. 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; Objection: UP 1822 expressly and wisely limited the size in the patio to 350 square feet to keep the "net public area" at a total of 4,800. This keeps down the sound and light impacting the residents adjacent to Applicant. By definition the limitation in UP 1822 expressly detelmined the lot size could not be increased and this proposed increase by 1,000 square feet or 20% is unwananted and in fact prohibited by UP 1822. No such finding can be made that contradict UP 1822. 3. 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; and 4. 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 Objection as to 3 and 4: UP 1822 limited the size of the patio to 350 square feet and the restaurant "net public area" for a good reason, both parking and intrusion on the residential neighbors. No such finding can be made that contradicts UP 1822. 5. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, this Code, and other City regulations. Objection: For the reasons stated above this does not qualify as a Temporary Use and the Applicant is disqualified having continuously operated since at least September 2021 in clear violation of its UP 1822. Again, UP 1822 limited the size of the patio to 350 square feet and the restaurant "net public area" for a good reason, both parking and intrusion on the residential neighbors. Because UP 1822 is equivalent to the Code and a City regulation, no such finding can be made that contradicts UP 1822. 11. The Temporary Permit if approved may apply conditions. The conditions proposed are wholly unwananted. Recall the original deceitful application that stated this would be background music trying to sneak through its proposed Events business. If anything is to be proposed there should be: • no Events allowed other than as was permitted by UP 1822 inside the Restaurant. • no amplified sound Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach July 24,2024 Page 11 • • • • outside dining only without amplified sound limited to weekday hours to 8 pm and weekend hours to 9 pm. proof that the 1,000 added square footage will have adequate parking. a sound wall for mitigation of crowed noise reduced lighting starting at nightfall, no bright lights to be used D. Because There is No Valid Existing Use CEQUA Exemptions do not Apply. 12. No CEQUA exemption applies because the present use is known to be unlawful and prohibited by UP 1822. As such it cannot be an expansion of an existing use because existing uses must be lawful which this proposed use is not. Objection: The project is not " ... exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class I (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 Applicant has no existing permitted outdoor dining activity beyond 350 square feet and 9 pm let alone a continuous permit for live outdoor "Events" with amplified sound. The sound, light, traffic and activities will have a significant adverse effect on the environment and diminish propeliy values. E. Applicant's Sound Study Fails to Meet Reasonable Standards -Mitigation is Wholly Inadequate and Essentially Unenforceable-Sound Mitigation Proposed Still Exceeds 55 DB - a Sound Permit is Required. Attached as Exhibit "F" is Objectors' Expert Report #2 from Mike Dickerson, INCE and Claire Pincock, INCE of MD Acoustics ("Dickerson") offering opinions regarding the updated 8/512024 RK Engineering Group Inc. ("RK") revised study of sound mitigation. Dickerson's overall opinion is "In our opinion, the impact of the live amplified music for events will still materially exceed the City of Newport Beach's 55 dBA daytime and 50 dBA nighttime noise standard as outlined in Chapter 10.26." This is demonstrated at the modeling results shown at Figure 3 Crowd + Single Speaker Noise prediction showing over 55 Db at impact locations 1-4 with the send and their floors at 352 Hazel severely impacted. RK's modeling did not include crowd noise and placed the amplification equipment in an area not historically used for Events as clearly shown in Figure 3. Dickerson also opines that due to the equipment and application variations at Events that separate permits would be required so that constraints can be imposed on the Event sound producer and that the time limit of8:00 pm on the City's application itself be implemented. II II II Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 14, 2024 Page 12 SUPPLEMENTAL CONCLUSION For the supplemental reasons stated above Objectors oppose the issuance of any permit as unlawful, unwarranted and because the applicant has falsely misrepresented facts. 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 referred to Planning Commission for a more thorough review. Attachments/Enclosures: as indic Very truly yours, CATANZARI ELAWCORPORATION .~ Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) I I II II Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) .. ; \ ~, " ~: . RESOLuTION NO., 9024, A RESOLUTION OF THE CITY COUNCIL OF THE ,CITY OF NEWPORT BEACH AUTHORIZING THE 'MAYOR AND CITY CLERK TO EXECUTE AN OFF-SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE FIVE CROWNS RESTAURANT, NEWPORT BEACH WHEREAS, there has'been presented,to the: City Council of the City of Newport Beach an off;..site parking"agreement bet~een the City of Newport Beach and The Five Crowns Restaurant, . Newport Beach; and WHEREAS1 the City Council,has reviewed the terms and conditioris of said agreement and finds them,to,b~ satisfactory and, tha tit would be in the best in,terest 0 f the< ci ty to ' authorize the Mayor and City Clerk to execute said agreement; NOW, THEREFORE, BE IT RESOLVED by, the ,City ,Council of the City of Newport Beach that said agreement above described i~ approved, and the Mayor and City Clerk are hereby authorized anti directed to execute the same on behalf of the City of , Newp~rt Beach. , ATTEST: cIty Clerk ADOPTED this ~l~4~t;h~ day of ____ '_Ma __ r_c~h-.',~ __ --__ --, 1977. DOC/be ,3/11/77 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ':.:" .... -':: .... '.;' .. ,;' .... : .:. . .. -. USE PERMtTAPPLICATION £171 OF HEWPORTBEACH : Oepartment of Community Development Zoning and Ordfnance Adnlfnistration ~ivision 3300 ~ewport Soulevard . Phone (7H) 673-Z110 ... , .::. Applicant {Prtnt) THE FIVE CROWNS RESTAURANT Photl.e . (213)225-1491 Ma'i 1 jng Address 568 Scm Fernando Road, tos Angel~sc Colif~~i~·90065 Ma i 1 i Og _ Add r e.s s_-=568=-:::Sa:!.n~F~e:.:..:rn:.:::o~n~do~Ra~Qe:d",-, .::Lo~s~A~n:.:::92:::e:.!.::le:.:.sL..' .:::c~oJ~i~~o:!!ni,!!;ia~"'",,90:::l0::.::6~S _______ _ . . .::." .. : .. :.' ". . . Add~ess of Property Involved 3801 East Coost Hisnwoy. Cor~na del Marl California· 2Z62~ Pu r po s e 0 f Ap p li cat ion (de s c rib e full y) _...;S;..;:e~e...;.le;;.;t.:.;te;.;..r..;;a;.;.;tt.;;a;;;;ch.;..:e;.;:;d:=... _______ _ lone C~l and C-l-H Pres en t Use._. __ R_e_st....;ci __ vrQ_nt-"-. ___________ _ Lega 1 Description of Property Involved (if too Tong, attach separate sheet) lots 1 t 2 ond 3; Bloek A of TIgct 613 OWNER'S A~FIDAVIT '. .. 09 (We) . VAN-FRANK INVESTMENTS, INC.. .. . . depose and say ·that (~~X(we are) the owner(s) of the property{~ involved in .thisapplfcation. (k) (We) further cel"tify. under penalty of pel"jury. that the foregoing statements and answers herein cont~inedand the information \ herewi ttl submi tted are ina 11 res peets true and .correct. to the best of (~} (our) knowledge and belief. . • \ Signature(s) __ ~~~~~~~~~~ ____________ __ ~OTE= An agent may sign for record owner is fjled 00 NOr COMPLETE APPLICATION SELOW Date Fi1ed~ :)-4-77 Fee Pd. :JLf!{oo nHS LINE rea~rer from the Receipt No. ;'1.,200 Hearing oate ___ ~~?_-~>2~-7~-~j7_(?~ __ ~~PUblication Date ____________________ - Posting.Date --::;;:J=--..:.-1_7_-_7--'7:....-______ Ma 1l0a te 2 ~ ( 7~· "77 P. c.· Ac ti on. __ ~cvppt4£l!!.~.t.--,;~:::..::.:::::.l. __ -""'1-/-/.:;,t.;,.f-1.J..2...c.1----.. _________ _ Datel~·· ________ -...t;.,~'Il r~e-:a:l3l~. Q42~·~~Z~~~.;.f.e-l£u.aA..~· tf:J~./.4::::"":""::;./~. Q-;~~~' . C. C. Hearing,· __ ---, _______ C. C. Action ~.Lu' ?j/1/z7 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ,', .... · . \ \ \ MINUTES 12 1981 (b) Resolution No. 9958 authorizing the Mayor and City Clerk to execute an Amendment to Animal Control Agreemenc.between the City of Newport Beach and Newport Harbor Animal Huspital increasing various rates and charges for shelter services. (A report from the City Manager) (c) Removed from the Consent Calendar. (d) Removed frDm the Consent Calendar. (e) Removed from the Consent Calendar. (f) Resolution N~. 9960 authorizing the Mayor and City Clerk to execute a Pre-annexation Agree- ment between the City of Newport Beach and Mobil Oil Company. (A report from the City Manager) co~nrnlcAtlONS -For referral as indicated: (a) (c) To staff for inclusion in their records. a Resolution of the Local Agency Formation Commi66ion of Orange County, California, dated December 10, 1980, appro~ing.tbe proposed annexation designated Oxbow Annexation USS to the City of Newport Beacb. (Attached) ~ staff tor inclusion in their records, a c y of an informal Memorandum of Understand- in between Southern California Veterinary Med! al Association and the California Depart- ment Health Services; Los Angeles County Depart nt of Health Services; Orange County Departme t of Public Health and Medical Services. regarding assurance of continuation of the Rabies Vaccination Clinic Program in Los AngeleS\.~d Orange Counties. (Attached) To staff for i clusion in the1r records, a letter regardin guidelines adopted by the Bosrd of Directo~.for the homeowners in Newport Crest for,nstal!ation of Solar heat- ing panels. (Attached) . INDEX Npt Hhr Anml Hosp. R-9958 (38) Pre-Annx Mobil Oil R-9960 (38) Oxbow Annx LAFCO Res. C-2229 (38) Anllll Cntd PD (70) Bldg (26) Cd) To Btaff for inclusio in their ongoing study. Costa Mesa a letter from Newport est Homeowners Associa Freeway tion regarding West Ne rt Beach !mproveme:\t (43) (e) Association's recommendst of the extension Df Route Freeway). (Attacned) To staff for inclusion in the Information Bulletin SHL 80-3 garding a model code for the rehabilicacio of residen- tial hotels from the Department 0 Housing and Community Development, DiVision of Codes and Standards. Sacramento. (Attached) (f} Remov~d from the Consent Calendar. Volume 35 -Page 9· Bldg (26) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) / {-. / I / / ,'. " .,~ 12, 1981 INDEX (g) To staff for reply, a letter frolll Mr."and Mrs. Litter Haakell Shapiro regarding water and garbage --Hszel/CHwy drainage from tile Five Crowns tteita'Uri'iiei"n (44) thiiViCfiiltyaruii'zU-Street ~aii'a -Coast-lTi-gh-""ay':'~(At"tiic:hed)" .. -.. .. ..... --.--------.... ----V· P. 'f 2--,-" -_._-(h)--;~OVed from the Consent Calendar. ----1-.---1 / 4. COMMUNICATIONS -For referral to the City Clerk for incluaion in the records: (a) (b) (c) Cd) A letter from the Mayor of the City of Norco and Mayor Pro Tem, City of Corona, urging rhe City of Newport Beach to join With their 1-1 Committee in oppOSition to the Director of CAl.TRANS construction of a 13 1IIile sectio9 freeway substandard to the Federal Highway Administration requirements. (Attached)/ A copy of a letter from Hubert W. '.~y to the Editor of the Newport Ensign regnJ~~; the City's condemnation of oil prod~tion property- West Newport Oil Wells. (Att~ched) Copies of articles and a l~~r to President- elect Ronald Resgan from J'i "ICing Alfonso" Lizanetz regarding "7S ng01ng campaign against S~agram Distillery. Excerpt from the Orange ~ounty Board of Super- visors minutes Of/December 23, 1980 regarding NewpoTt Dunes R evelopment/Upper N~ort Bay. (Attached) (e) Or.ange Cou y Board of Supervisors agenda for the meetip s of December'23 and 24, 1980 and January/6 and 1, 1981. .' " " . . 5. CLAIMS FoBIDAMAGES: . For de '~1 'and confirmation of the Cit~ Clerk's refe~~a~o the insurance carrier: / ( Claim of Richard W •. McKee for alleged property damage to his automobile, suacained on Dec~ber 13, 1980, from a guard sign posted at 3400 W •. Coast Highway. (b) Claim of Hobert and Vsnette Ford for property da~ge suatainedon December 13 or 14, 1980 when Fire and Police alle&edly broke down the' front door to their duple~. north of 3713 W, Balboa Boulevard. (c) Claim of Michael Grandees for property damage sustained on December 16, 1980, near Newport Pier when a City vehicle allegedly backed into his automobile. (d) Claim of Glen E. Moncatafor personal injuries suatained on November 6, 1980, on Lincoln Jr. High School baseball diamond, due to a fall inco an alleged hole while running in the basepaths. Volume 35 -l'BJ:t1! 10 (36) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ,a is \ ., \ .. ! .... #\. MINUTES June 12, 1978 water outside the City to Pacific Telephone and Telegraph Company. Cd) Resolution No. 9368 authorizing the Mayor and City Clerk to execute a contract to serve water outside the City to Orange County . Sanitation Distriet. (e) Resolution No. 9369 authorizing ~he' Mayor and City Clerk to execute a eontract, to serve water outside the City to Armstrong Petroleum Corporation. (f) Resolution No. 9370 authorizing the Mayor and City Clerk to execute a contract to serve water outside the City to William L. Pereira Associates. (h) Resolution No. 9371 authorizing the Mayor and City Clerk to execute an agre~ent between the City of Hewport Beach and the County,of Orange for District Attorney PJ;:osecution' ervices. (A report from the City Attorney) (i) Reso ution No. 9372 authorizing the Hayor and City erk to execute a Grant of Easement betwee the City of Newport Beach and the Souther California Edison Company for electric eaaements over a portion of the Newport Ce ter Branch Library aite. (A report from the Public WOrks Dep8rt~nt) (j) Resolution N~9373 authorizing the Mayor and City Clerk to ecute a contract between the City of Newport each and Clarke Contracting Corporation for st Coast Highway Improve- ments from 57tn St eet to the Santa Ana River, Contract No. 927 (A report from the Public Works Departm t) (k) Resolution No. 9374 aut orizing the Mayor and City Clerk to execute an Off-Site Parking Agreement between ~he Cit of Newport Beach and Cari~a E. Arnett, Beve y Sheedy, and Phyllis McCill in connectio with Use Permit No. 1866. (A report from th Community Development Department) (l) Resolution No. 9375 authorizing and City Clerk to execute an Off-Site Agreement between the City of Newp and Pilar Wayne, in connection with ae Permit No. 1772 (Amended). (A report from the Community Development Department) em) Resolution No. 9376 authorizing the Mayo and City Clerk to execute an Off-Site Parking Agreement between tbe City of Newport Beaetl\ Volume 32 -Page 136 INDEX Water a-9368 (576) Water a-9369 (576) Water R-9370 (576) OrCo Dist Attny R-9371 (1673) Library R-9372 (2030) W Cst 8vy Widening a-9373 (2552) Off-Site Parking UP 1866 R-9374 (2985) Off-Site Parking Wayne '8.-9375 (2986) Off-Site Parking Durkee R-9376 (2987) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) a .j ., \~'" "l-- MINUTES June 12. 1978 INDEX 3. en) and Robert C. Purkee, in connection with Use Permit No. 1862.' (A report from the Community Development Department) Resolution No. 9377 approving the Orange County Snfer Off-System Roads Program and the method of distribution of funds. (A report from the Public WorkS Department) (b) To staff for reply, a letter from R. A. Harleys suggesting glass doors be installed at City Hall in order to eliminate accidents. (Copiea mailed to C~uncil) Bicycle Trails R-9377 (2051) Bieyele Trails R-9378 (205'F) Bicycle Trails R-9379 (2051) Variance 1067 (2923) (c) Removed from the Consent Calendar • . ~. _ ._. ______ -~.----.~.--.. --~.----------t--- (d) To staff for reply, a letter from Norman N. Tillner regarding traffic interference on Hazel Drive which has been caused by the Five Crowns Restaurant's new loading dock for --- t1:ucks" on tlie"wes'i -sfde' of-Hazel Drive. (Co'jiiesmalleci"to·-counciir-·-·"·-"-- (e) en To staff for inclusion in on-going study, a letter from Emma and Robert Newton urging support for the acquisition of the propose Laguna Greenbelt, and also questionin e wisdom of proceeding with the Ss~dUquin Freeway_ (Copies mailed .:~ouncil) To staff for rePly ••. II'~{;tter from the Orange County Fair l!9-UBiilg CounCil regarding condo- minium c~nversions. (Copies mailed to Council) ........ (g) :ro'"staff f{\r reply. a letter from the Orange /., .'/ County lleparCmenC of ilousing and Community Development regarding AT~icle 34 Information Clearinghouse. (Copies mailed to Council) (h) To Pending Legislation nnd Procedural Ethics Committee. a request from the City of Avalon for a resolution supporting Assembly Bill Volume 32 -Page 137 Traffic .Complaints (1"IS1.1" Condominium Conversions (1920) State Dept Ilousing & Community Dev (2990) Pending Legislation (14291:') Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ~Jt~;..', ,,:,:~tf ~~~}\:;: , ... .',:.:. :: ~'~ ... ~: .... 1"'" \'~'. .' .. ... :. ~.~~~~"''' ..... " :",,-.:",:" '.' , HASKELL SHAPIRO :!87 EVENING CANYON ROAD CORONA DEL MAR. CALIF"O~NIA UUs January 6, 1980 Newport Beach City Council 3300 ~ewport Blvd. ~ewport Beach, Ca. 92663 ,Attn: City Council MeLmers ~~' (JY RECEiVED ~:A § CIH ClERK \.~\ .\ JAN 7 1981 .... r-=--' ~. CITY Of /:ljJI • t:£WP(\RT StACH. I ...: '\ "p'\>. CAlIf. z' l.I'h ~ -~ -11--11) I am writing to you to complain about a situation that has persisted for more than one year" My repeated attempts to correct the situation by contacting the city General Services Department have 'had no permanent results. Therefore, I am appealing to you for your assistance. The problem is this: At the corner of Ha.zel and Coast Highway' in Corona del Mar, because of the repairing and leveling of 'Coast Highway, there is a place where water collects. This, by itself, would not be a terrible problem except for the following circumstance. Approximately 30 feet up Hazel there ·is a drain uhich drains into the street: from the Five Crowns Restaurant. Water and ground up garbage come through this drain daily and settle into a large smelly puddle which ob- structs pedistrians who walk along that side o~ Coast Highway_ As one who pas~es this spot almost on a daily basis, I find that I am crossing Coast Highway in order to avoid this un- 'pleasant mess. Surely there is someway to prevent the dis- charge of this material into the surface street. While the General Services Department did go in and shovel the mud out, this is not a solution. The answer is to keep this garbage-filled water out of the street. Any assistance that you may be able to give will be greatly appreciated by me and other pedistrians who live in the neighborhoo d • PS :jl Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) MINUTES .. ~,~ 14. 1977 rt:&olution; and acceptance of an Environmental I~pact Report. (Report from the ComMunity Development Department) (b) P~oposed O%dinance No. 1719. being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDINC PORTIONS OF DISTRICTI~G ~ NOS. 30. 42 ANtI 67 TO RECLASSIFY THE NEWPORT BEACH GOLF COURSE LOCATED NORTH AND SOUTH OF MESA DRIVE AND NORTHERLY AND EASTERLY OF IRVINE A VENUE FROM THE "u" UNCLASSll'IED DIS'tRICT TO THE "os" OPEN SPACE DISTRICT; AND AMtNDIKG DISTR!CTING MAP NOS. 48 ~~ 49 TO RECLASSIFY ", THE IRVINE COAST COUNTRY CLUB AND M>JACENT ", PR()l'F.RTtES LOCNrED NORTH OF COAST HIGHWAY AND -"¥ST OF JAMBOREE ROAD FROM THE "u" 'IJNCLASSI- FlED DISTRICT, "p_en PLANNED COMM1JNIT'i DIsmCT AND "C-o-H" COMMERCIAL OFFIC!!: DISTRIct 70 THE "os" OPEN SPACE DISTRICT; AND AMENDING~ISTRICTING MAP NOS. 32, 48, 49 AND 50 TO REciA~IFY VARIOUS PARCELS LOCA'!ED ADJACP.NT TO THE ENTRY ROADS LEADING lNTO NEWPORT eENTEa"~OM THE "p-e" pLANNED COM- MUNITY DISTRICT AlID TIlE "C-O-\l" CoMMERCIAL OFFICE DISTRICT TO "THE "OS" OPEN SPACE DISTRIer, Planning CO~isBion Amendment No. 483. initiated by the City of NeMport Reach. (Report from the Communiti'~evelo~ent Department) "'-, .... The following ordinance was introduce and passed to second reading on March 28, 1977: (c) Removed from the Consent Calendar. 2. The following resolutiona yere adopted: (a) ReBo~ution No. 9023 authorizing the Mayor and City Clerk to execute an off-site parkins agreement between the City and Voyagers Yacht Club. (Report from the C~unity Development Open Space Districts 0-1719 (b) Resolution No. 9024 authorit1ng the ~~yor ~nd Ci.ty .. ~le:r.k.~to~~ec:u.te-an'o'tt-8:r,i:e '"p.ai=fcii:ig'· a!t~.eell!e.n,t be,tw~~~ ,~h~_C,~t.~_ o.~, .!:'~~': .B~!!Sh Bnd the Five Crowns Restsurant"Ne.wport Department) _---+--+-HH-l--+-t-, ____ ~ __ ...:..-, .. -.. ~.------------i-~~.;.. {c) (d) L (e) ~each. (Report from the community Development Department) Resolution No. 9025 authorizing tha Mayor and eity Clerk to execute a Grant of Easement t~ South~n California Edison Company f~pu~r1C utilities easement in Irvine Te~a~e Park. (Report: ft'OUl tbe Public ~orks~Director) • '~ ...... .1" Resolution t;,o"'902'6"~pproving a parcel map and 8cceptinr('offer of dedication of corner '. cutoff nt VU.l.a Way and 30th St'te.e.t in connection with Resubdivision No. 526. (Report from the Public Works Director) Resolution No. 9027 authorizing the Mayor and City Clerk to execute an agreement bCt'l'7een the City of Newport Beach and the southern Off-site Parking 5 Cro'o¥llS Restaurant R-9024 Resub 526 ll.-9026 Street Lighting R-9027 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) J I II j I I i I 3. MINUTES California Edison Company for street lighting services. (Report from the Public Works Director) (f)· Resolution No. 9028 awarding a contract to C.T.&F., Inc. for traffic signal at Balboa Boulevnrd and Main Street, Contract No. 1895. (Report (rom the Public Works Department) (g) ResolutIon No. 9029 supporting Assembly Constitut'lonal Amendment No. 13. (Request letter from the CIty of Lomita) (h) Removed from the Consent Calendar. Resolution No. 9030 adopting the Director of the Department of Industrial Relation's determination of the prevailing wage rates for Orange County. (Report from the City Clerk) communications were referred ns (a) for reply, n letter from Amy Small- woo requeating two parks or a surrounding green cIt for Coronn del ~Iar. (Copies mailed to Cou ill (b) To or reply, a letter from Hark Stewart re ucsting information on the plans for the hac bay. (Copies mailed to Council) (c) To stgff for r ly. a letter from Mrs. Doris Sunderland raga ing San Joaquin Hills Road e~tension as a by ~ss road through Laguna. and questioning th need for the 5th Avenue by-pass as well. ( pies mailed to Council) (d) To staff for reply, a tter from Tammy Farris regarding parking regulations on the streets in the Bluffs are in view of the fact that there isn't any est parking on Descanso. (Copies mailed to Council) (e) To staff for reply. letters fr Russell Griffith and Thom:1s U. Fox regar ing animal control violations and suggesting ew ordi- nances. (Cor!,es mailed to r:ouncil) (f) To Pending Legislacion and EthiCs Co a letter to ~myor Dostal from the City ~~~~!~~;;nT:~a~:i~;g:r~!~!r;~:tC~!i!~~ni\ establishment of foreign industries in California cities and requesting support for its elimination. (Exhibit) (~) To the Planning Commission, ~ letter from Stewart C. Woodard regardin~ a letter to Council from Llirs and Lucie -"\ Jounge dated February 22, 1977 regarding the proposal to buy the three additional lots in connection with Inupiration Point and his hope that he will be allowed to build his home. (Exhibit with copy of draft letter from Lars de Joung presented to the HodHications Committee) Traffic Signal Balboa/Main R-9028 Assembly Amend 13 R-9029 Pub Wks Contract Wage Scales R-9030 Park & View Sites Upper Newport Bay Transporta- tion Plan Parking Animal control California Inventory TaX Inspiration point Lots Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) '~if?S1ilf'y'~fj~~;t;>f,j;S?I;if?P;;);'J~~~:~;f!~~1~j;~\'i;ft:'f~~tf~;~~;'!';;"";V,; . .'. '/' .. . . Agerida ItemNo~ H~2{b} CITY OF NEWPORT BEACH March 10,' nin TO: FROM: . SUBJECT: City Cound 1 , Department of Communi ty D~velopment, Request for ,an off-si te parking' Agreement in conjunction with the remodeling of the Five Crowns, Restaurant. located at 3801 East Coast Highway. on the south-easterly corner of East Coast Highway and Poppy Avenue in Corona del Mar. . , LOCATION: Lots " 2 and 3. Block A"Tract 613 (Restaura~t site) lONE: Lots 2. 3, 4 and 5. Bloc~ BB.and L~tl. Block 343., Tract 323. arid a portion of an abandoned street (Off-site Parking 1 at). C-1 APPLICANT: . The Fi ve Crowns Restaurant ,Newport ,Beach. Van-Frank Investre~nts. In~~, Los Angeles OWNER: ' , . Application This application r,eques,ts approval of anoff-site':parki'ng agreement in conjunction, with the remodel ing of the Five Crowns Restaurant. 10 . accordance with Section 20.30.035(0) of the Newport Beach 'MUnicipal Code. tilePhnning Commission shall not recommend and the City C,ouncil" shall not approve off-street parking on a separate lot from the build- ing site or sites unless: { a) (b) eel (d) Such lot is so located as to be useful in connection' with the'proposed use or uses ori the building .ite or 51 tes. " Parking on such lot will nO,t create undue traffic hazards in the su.rrounding area.' Such lot and the building site ar~ in the same owner-' ship., or the owners of the building sites have a common ownership in such lot. and the Owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot must be owner-ship in fee or a leasehold interest of a duration, adequate to serve all proposed uses on til. buflding site or sites) • . The owner or owners and the tity, upon the a~proval of the City Council, execute a written' instru!1'ent 01" instruments, approved as to form and con,tent by the City Attorney, providing for the maintenance of the requi red off-street parking on such lot for the duration of the proposed use or uses on the building site or sites. Should a change in use or additional us~ be proposed, the off-street parking regulations applicable at the time shal1 apply. Such instruments s ha 11 be recorded in tr.e offi ce of the County Recorder and copies thereOf filed with the Department of Com- munity Development. ' Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ,~\:;g~rt'~''-li~(~)f''''t:!{i:'i;ft~i::;y~'':~\'~/'''';!?"lW"~~"~l'~~"~f;\1tf'?'<' "", ", " .... " Suggested ,Action If desired, ad6ptResolution No. .'a~tborizirig th~-exe- cutien of an off-s1 te parking agreement betwe,enthe, City of Newport, Beachand,the Five Cro~ns Restaurant. Newpor~ Beach., Planning Commission Recommendation At its meeting of March 3, 1977, the Planning Commission voted (6 Ayes. 1 Absent) to make the following findings and to approve, Use Permit No. J 822 of Five Crowns Restaurant~ subject to the" following condi-tions: ' A. FINDINGS: 1. That the proposed use ;s' consistent with the L'and Use ',Element of the General Plan and is compatible'with su~r~~nding land uses. 2. ,The ,project will not have allY significant environ..;' mental impact; 3. ,The Police Dep,artment has indicated that they 'do not contemplate any problems. 4. "The existing work. washout, and storage areas ~re inadequate for the needs of ,therestau!,:,ant facility. "The proposed development will greatlyimprov,e the ' restaurant operations, including the access of ' delivery and trash trucks to and from the site. 5. A waiver of a portion of the required off-$treet parking spaces is justifiable. since no additional seats or "net public area" are proposed in the restaurant complex. ' 6. The existing off-street parking spaces for the restaurant use on a separate lot from the building site are justifiable for the following reasons: a. The subject parking lot is di rectly across Poppy Avenue from the restaurant site. b. The ~x1sting development does not ~reate u~due traffic hazards in th~ surrounding ar.a. ' c. The site is owned by the property owner of the restaurant property and will be main- tained as an off-street parking lot for the duration of the restaurant use on the adjoining property. 7. That the establishment. maintenance or operation of: the USe of the property or buil di ng wi 11 not. under the circumstances of the partic~lar case. be'detri- mental to the health. safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detri- mental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 8.' The approval of Use Permit No. 1822 will, not, under the circumstances of this ease, be detrimen t,a 1 to ' the health. safety, peace. morals. comfort and general welfare of persons residing and worki~g In the neigh- borhood or be detrimental or injurious to property ~nd imprOVements in the neighborhood or the general welfare, of the City. . Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) TO: Ci ty, Coullci 1 -3. B. CONDITIONS: 1. That development shall be in sUbstantial conf~rm~, ance wHh the approved plot,plan.:floor plans, and elevations. 2. That all mechanical equipment.ndtra~h, aieas~shall be screened from adjoining properties and from adjoining streets. ' 3. That an off-site parking agreement shall be' approved' by the City Council. guaranteeing ,that a minimum of eighty-seven (S7) parking spaces ~hal1 be maillt.ined at the southwesterly corner of East Coast Highway and Poppy Avenue for the duration of the restaurant use on the adj{)i ning property and that the )"emaining , requirement of thirty-three (33) spaces be waived. 4. That valet parking personnel shall be maintained on the off-site parking lot at all times during the hours of operation of the restaurant facility. 5. That a washout area for trash containers shall ,be' provided in such a manner as to allow direct diainage into the sewer system and not into the storm dra;ns. 6. That there shall be no increase ~n the "net public area" of the restaurant hci 1 ity in conjunction with the proposed development. 7. That a parcel map be filed. 8. That all improvemen,ts be constructed as required 'by Ordinance and the Publ,ic Works,'Department. 9. That no building permits be issued f~rstru~tu~es within the abandoned alley area until vacation ' and abandonment proceedings can be compl~ted for' all or a portion of the public utHityeasement ~ which was reserved when the alley was vacated'and ~bandoned. ' ' 10: That the portion of the eXisting driveway approach~ not bein9 used be closed up. 11. That the new driveway approach be:constructed as shown on the site plan. ' ,12. That ail work in the public rjght-of-way be done und~r an encroachment permit obtained from the _ ~ubJic Works Department. ' 13.' 'That the "heaved" sidewalk along East Coast, Highway and Poppy Avenue be replaced. 14. Ttlatthe valet service shaJ1 not use th~ driveway apron in front of the "cottage," ~hi:h, adjoinl the restaurant site to the s'outh, for restaurant parking. Background Building records indicate that Ii restaurant use has, exBtedon the site for over twenty years. No parking spaces were required by Code, for the commercial use on the property at that,time. Other building permits were, issued for additions and alterations' to the, restaurant faci 1 ity during the 1950's and 1960's prior to the requirement of off-street parking, spaces or the necessity of securing a use permit. The Ffve Crowns Restaurant facility with on-sale alcoholic beverages and a piano bar, has been in operation on'the site sfnc;e 196,5. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) TO: .... , ' The applicant now proposes to remodel and enlarge the kitchen and storage areas of the Five Crowns Restaurant complex. The proposed two-story ~ddition will be located to the rear of the ,existing facility. The proposed construction wt11 have a maximum building height of twenty feet! (i.e., measured to the average height of a pitched roof), and twenty-four feet ± (i.e •• measured to the top of the subject pitched roof). The first floor consists of an expanded kitchen with walk-in freezer and refrigerated areas. a dry storage room, a small office. and a linen closet. A wine and liquor storage room is proposed to be constructed on the second fToor. adjacent to the existing manager's office and a storage room. Approximately 2,200 sq.ft. of additional space ;s proposed in conjunction with the proposed development. none of which will add to the restaurant's parking needs nor to the restaurant's Code parking requirements. The existing restaurant facility has an occupant load of 152 persons. according to the Fire Department. Fifty-one (51) off-street parking spaces wou1d have been required for the restaurant lise if the restau-" rant had been constructed between 1969 and 1975 when the Ordinance required one parking space for each three occupants •. One hundred and twenty (120) parking spaces would be required if the restaurant use were built under present restaurant parking standards of one parking space for each forty square feet of "net public area" (4.800 sq.ft.±. including a 348 sq.ft.± outdoor patio). The parking standards could also vary under current parking requirements from 96 spaces (Le •• one parking space for each fifty square feet of IInet public arealt) to 160 parking spaces (ie.e, one parking space for each 30 sq. ft. of "net public area"). The property on the southwesterly corner of East Coast Highway and Poppy Avenue is under the same ownersh'ip as the restaurant site, and has been utilized as an off-site parking lot for many years. Plans submitted by the applicant indicate that. the subject valet parking lot has an area for 87 parked automobiles. No formal off-site parking agreement exists between the property owner and the City regarding the use of this off-site parking lot, and it, is for this lot that an off- site par~ing agreement is required. In addition to the spaces noted above, the applicant has been using twenty spaces behind the commercial development at the northeast corner of East Coast Highway and Poppy Avenue on an informal basis. The Planning Commission has not required an off-site parking agreement for the use of this lot. Attached for the City Council's information and reView is a copy of the Planning Commission staff report and' an excerpt from the minutes of the Planning Commission meeting of March 3, 1977, which contain a complete description and analysis of the applicant'~ proposal. Respectfully submitted, DEVELOPMENT By ...... -Planning JDH/kk Attachments for City Council Only: l} Vi cinity Map ',: 2) Phnni ng Comm; ss ion staff report da ted2/25177w; th attachments 3) Excerpt from minutes of Planning Commis~i~n ~eeting of 3/3/77 '. ;' .. = Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) . t'lIT ---• j ....•.. :::.: ..... ... :. ..,',:',: . . ( DISTRICTING MAP NEWPORT SEACH -CALIFORNIA ~ -'G"<v\JU-.&\. .. '~tl.l. t::::aJ "ULnJIIiL.C~~ ~~ 5IIo<lU; , ... ., otS>OI~'''L I &,.ICi,.l (DJll1lll11ltCt&\,; ~ 0\1"\,'. "'SIQfhff"" C-l ChIli .. ", C;C .... ua-... 1It-3 trtr.b .,,,,-TlI'\!. .... ,., IRtsU1f1l.&&. tt-a ~'ACTa.,.. ... .. C,DtrtlwrttM ~s"ucfS . ~~ a.'gtk (,., r •• ( 31. • .,.,.., 7h\l~ ~ ... ~""ICD {)SE. ", .. , ( I~ \ ............ 0It0 JiIIQ _I' ( &lAP DtC. 1ft .. "" NO. .~ Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Planning ComlllissionHecting. March 3, 1977 I tern No . __ 1;...,:0:....-__ CITY OF ~EWPORTB~ACH February l5i 1977 TO: : FROM: SUBJECT: LOCATION: ZONE: APPLICANT: OWNER: Application Planning ~ommission . Depa rtrnen t ofCommun; ty . Devel oprilE~nt .Use Permit No. 1822 (Public Hea·ring) Request to remodel and enlarge ihe··eXis~in~ kitchen. storage and supply areas of the Five Crowns Restaurant facllity in the C-1 District, and to waive a portion of the required offstreet parking sp~ces. The proposed development also includes the co·nstruction of a roofed trash enclosure that encroaches to the rear property line (where the Ordinance requires a 5 foot rear yard setback when the rear of a C-1 lot abuts on a Residen- tial District). Lots 1, 2, and 3, Block A of Tract 673. located at 3801 East Coast Highway on the southeasterly corner of East Coast Highway and Poppy Avenue in Corona del Mar. C-l and C-1-H The Five Crowns Restaurant, Newport Beach Van-Frank Inve~tments, Inc., (os:Angeles This application requests approval of a use permit to· remodel and enlarge the existing kitchen, storage and supply areas ,of the·Five Crowns Restaurant complex. and to waive a portiorioftherequired parking spaces. In accordance with Section 20.35.020 of the Newport Seach Municipal· Code, restaurants shall be permitt~d in the C-l. District, subject to the securing of a use permit in each case. Furthermore, Section 20.30.030, B., 3. of the Mun.cipal Code provides that whenever a nonconforming building or use is enlarged by more than 10 percent of its original gross area in anyone year period. the property on which it is located shall be made to comply with current parking requirements unless a waiver or reduction of said requirement ls authorized by use permit. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code. This application also ~equires a setback modification for a proposed roofed trash enclosure that encroaches to the rear property line where the Ordinance requires a 5 foot rear yard setback when the rear of a C-1 lot ributs on a residential district. Modification procedures are contained in Chapter 20.81 of the Municipal Code. EnVironmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (ExiSting Facilities) from: the requirement5 of the California Environmental Qualities Act~ Conformance with General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" and »Administrative~ P~ofessional and Financial Commercial" uses. The restaurant facility falls within the permitted-uses. The area is also designated for a Specific Area Plan. Subject'Property and Surrounding Land Us~ TheF1ve Crowns Restaurant complex i.s located on the site. To the northeast, across East Coast Highway, are mixed commercial uses; to the east, across Hazel Dri is Sam's Seafood Restaurant; to the southwest, afe"'9i(1liShff~i arttl EQf ~·h.&~"W4!S~"j) across Poppy \s~'7 ~ ~fi!. 'tq:/j ~~t{ ~ ~¥. f~J.&\1 t~:; C~ ~%;" H E ,1' Item No ._1:,.:0:.-.- Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) TV: Planning COlllmission 2. Avenue •. is. an off site parking lot for the subject restaurant facility ·and single family dwe1lings. , . . . '. At its me~ting of June 17. 1976. the Planning Commission approved Resubdivi~ion No. 523 to establish one building site. and eliminate interior lot lines where three lots and an abandoned alley exist so as to permit the proposed construction On the property. HOliever. a Parcel Map has not yet been filed by the applicant. The proposed expansion of the Five Crowns Restaurant was discussed at great length at the public hearing for Resubdivision No. 523 (see attached excerpt of the Planning Commission minutes dated June 17. 1976). The Director of Community Development advised that due to the fact that the existing building was bei~g expanded in excess of 10 percent of its original gross area. the Planning Commission should determine and instruct the applicant as to which of the following would be the determining factor or procedure to follow in connection with required parking: 1. A determination be made by the Commission that the gross area of the building was that area being used for'dining purposes only and consequently the parking would not be affected. 2. That the res taurant shoul d meet its enti re needs for parking based on the range of 1 space per 30 square feet to 1 space per 50 square feet of net public area as required by the current restaurant·parking standards. 3. That the applicant file for a use permit and request a waiver of any additional parking which may be required based on the fact that there would be no enlilrgemelltof the dining area. The Commission determined that since the propOsed square footage would be increased by more than 10 percent of the eXisting building area, a use permit would have to be approved prior to the issuance of any building permits. Analysis Building records indicate that a restaur.ant us.e has'existed·on the site for over twenty years. No parking spaces wereieq~iied by Code for the commercial USe on the property at that time. Other build·inll permits were issued for additions and alterations to the restaurant facility during the 1950's and 1960'sprfor to the requirement of offstreet parking spaces or the necessity of securing a use permit. The Five Crowns Restaurant facility with on-sale alcoholic beverages and a piano bar. has been in operation on the site since 1965. The applicant has submitted details of tbe·restaurant operation which re attached for Commission review. The applicant now proposes to remodel and enlarge the kitchen and storage areas of the Five Crowns Restaurant complex in accordance with the attached plot plan. floor plans and elevations. The prop~sed two story addition will be located to the rear of the eXisting facility. The proposed construction will have a maximum building height of 20 feet ± (i.e. measured to the average height of a pitched roof) and 24 feet ± {i.e. measured to the top of the subject pitched·roof}. The first floor consists of an expanded kitchen with walk-in freezer and refrigerated areas, a dry storage room. a small office, and a linen closet. A wine and liquor storage room is proposed to be constructed on the second floor, adjacent to the existing manager's office and a storage roOm. Approximately 2.Z00 square feet of additional space is proposed in conjunction·with the proposed develop- ment. Proposed Trash Area An exteriOr trash yard ;s proposed to the south of the building addition, adjacent to the rear property line. The proposed trash yard will be enclos~d by a solid gate and wal1s~ which are permitted .. _.:.1 0",--_ i. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ~f:~':?:::~;W'~J:;;:('~;~:ir.'1:~{;:::i" ,"::<'~' '. .' . TO: Planning Commission 3. by Code. However~ the applicant is requesting a modification permit so as to I'oof over the entire trash area. The proposed roofed trash enclosure encroaches to the rear property line where the Ordinance requires a 5 foot rear yard setback when the rearof·a, C~l lot abuts on an R-l lot. Staff has no objections to the proposed' roofed structure to encroach to the rear property line in this particular case, since the proposed development will screen unsightly trash from the adjoining residential property which is under the same ownership. Access to Proposed Service Yard and Trash Area , . The original plans of the proposed development provided inadequate maneuverability for delivery and trash trucks into the'service area at the rear of the site. The applicant therefore hired Herman Kimmel and Associates, traffic engineering consultants, to conduct an analysis of truck turning capabilities in conjunction with the 'proposed service entrance on Poppy Avenue. The attached drawings of the traffic engineering consultants relating to the truck turn traffic analysis are acceptable to the City Traffic Engineer. The applicant's plans were subsequently mOdified to accommodate the dimensions of the turn paths shown on the attached exhibits and the recommendation contained in Mr. Kimmel's letter to William K. Hutchason dated November 19, 1976 (see attached letter). Offstreet Park1ng Requirements The existing restaurant facility has ,an occupant load,of 152 persons. accordi ng to the Fi re Department. Fi fty-one (51) o.ffstreet pa rki n9 spaces would have been required for the restaur~nt use if the restaurant had been constructed between 1969 and 1975 when the Ordinance required one parking space for each 3 occupants. One hundred and ,twenty (120) parking spaces would be required if the restaurant use were built under present restaurant parking standards of one parking space for each 40 square feet of "net public area" (4,800 sq. ft. ±. including a 348 sq. ft. ± outdoor patio). The parking standards could also vary under current parking requirements from 96 spaces (i.e. one parking space for each 50 square feet of "nat public ,area") to 160 parking spaces (i.e. one parking space for each 30 sq. ft. of "net public area"). Existing Offsite Parking Lot The property on the southwesterly corner of East Coast Highway and Poppy Avenue is under the same owner-sbip .as the restaurant s1te, and has been utilized as an offsite parking lot for many,years. The attached plot plan indicates that the subject valet' parking Tot has an area for 87 parked automobiles. No formal'offsite parking agreement exists between the property owner and the City regarding the offsite parking lot. Staff therefore suggests that an offsite park; ng agreement be requi red in conjuncti on with the proposed develop- ment to guarantee that the parking spaces will be maintained for th~ duration of the restaurant use on the adjoining property. In addition to the spaces noted above, the applicant has been using 20 spaces behind the commercial development at the northeast corner of East Coast Highway and Poppy Avenue on an informal basis. Waiver of Parking Requirements A waiver of the remaining 33 required parking spa6es(i.e. 120 spaces -87 spaces· 33 spaces) is being requested by the applicant fn conjunction with the proposed expansion of the Five Crowns Restaurant c6mplex. Staff is of the opinion that the applicant·s request is justifiable in this particular case, since no additional seats or "net public area" are proposed. Specific Findings and Recommendation Section 20.80.060 of the Newport Beach Municipal ,Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment. maintenance or'operation of the use or build- ing applied for will not, under the circumstances of the particular 10 ','; Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ::,' TO: Pla~nirig Ctimmission -4: case. be detrimental to the health. safety. peace. morals, comfort and general welfare of persons residing or working in the neighbor- hood ·of such proposed use or .be detrimental. or injurious to property and improvements in the neighborhood or thegeneral.welfare of the Ci ty~ Staff. recommends approval of Use, Permit No.1 822 ands ugges ts that thePlannin~ Commi~s1on make the following findings in conjunction .withthe applicant's request: . : ;,.' . . 1. ~h~t the proposed use is consisteni with the Land Use Element of the General Plan and is compatible with surrounding 1.and uses. . . 2. The project will not have any significant· environmental impact. 3. The Police Department· ha·s indicated that they·do not . . con temp 1a te any p rob 1 ems. . . .' . . . . 4. The existing work. washout.~nd storagea~eas are inadequate for th e needs of the restaurant facility. The proposed development will greatly improve the restaurant.operati~ns, including the access of delivery and trash trucks to and from thes ite. . 5. A waiver of a portion of the reqldred offstreet parking spaces is justifiable. since no additional seats or "net publi~ ~rea" are'proposed in the restaurantcomplex~ 6. The existing offstreet parking spaces for the restaurant use on a separate lot from the buil~ing sit~ are justifiable for the f6110wing reasons: a. The subject parking lot is directly across Poppy Avenue from the restaura~t site; b. The exi.ting de~elopment does.notcreate undue traffic hazards in the surrounding area. c. The site is owned by the· property owner ·of the. restaurant prop~rty and wi 11 be rna intai ned as an offs treet parking lot for the dtiration of the restiurantuse on the adjoining property •. 7. That the establishment, maintenance Or operation of th~ use of the property or buil ding will not, under. the ·circumstances of the particular case, be detrimental to.the health. safety. peace. comfort and general .wel fare of persons resi ding or working in the neighborhood of suih proposed use or be . d~trimental or injurious to property and i~provements in the neighborhood or the general welfare of the City and· further that the proposed modification is consistent with the· legislative intent of Title 20 of this Code. 8~ The approval of Use Permit No. 1822 will not. under the circumstances of this case be detrimental to the health. safety, peace, morals. comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injuriOUS to property and improvements in the neighburhood or the general welfare of the City. Approval of Use Permit No. 1822 is recommended. subject to the follow- ing .coriditions: .1 .. That development shall be in'substantialcoriformance with the approved plot plan. floor plans. and elevations. 2. That all mechanical .equipment and trash ~reas shall be screened from adjOining-properti es and from adjoining stree 10 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) TO: . Pl~nnin9 Commissi~n· _. 5. 0; •• > 3. That an offsite parking agreem-lnt shall be approved by the City Council. guaranteeing that a minimum of 87 parking spaces shall be maintained at ,the southwesterly corner of East Coast Highway and Poppy Avenue for the duration of the re.taurant use on the adjoining property. 4. That valet parking personnel shall be maintained on the off-,site parking lot at all times during the hours of operation of the restaurant facility. ',,' 5. That a washout area for trash containers s'han' be provided in such a manner as to allow direct,draini~e iritocthe sewer system and not into tne storm drains., 6~ That there shall be no increaie in the "net publ'ic area" of the restaurant facility in conjunction' with the proposed development. 7. That a parcel map be filed. (Note:. Tile Planning Commission approved Resubdivision No. 523 for thjs facility on June 17. 1976, but a parcel map has not been filed t6 date.) 8~ That all improvements be constructed as required by Ordinan~e and the Public Work~ Department. 9. That no building permits be issued for structures within the abandoned alley area until vacation.anrl' abandonment, proceedings can be completed for all 'or a ,portion of the public utility easement which uas reserved when the alley was vacated and abandoned. 10. That the portion of the existing driveway approach not being used be closed up. " . ,1L . That the new driveway approach be constructed as shown on the site plan. . , 12., That all work 1n the publ ic right-of-way be done under an encroachment permit obtained from the P~bl'ic Works Depart-ment. - '. , ',13. That the "heaved" sidewalk along East Coast'Highway and ,PClPpy Avenue be replaced. O~PARTMENT'OF COMf:\UN I TY DEVELOPMENT R. V."HOGAN. DIRECTOR ...... .,. 'BY:'~~CO~~: ,Senior, P,lanller '. WRL/s.h "Attachments: ' .", ',- Vicinity Map , ' ' Excerpt of Pl anni n9 Commi5S; on Minutes:' dated 6/11/-76 'letters from the ~pplicant (2) Inforfuation fro~ Herman;Ki~mel and Associ.ies-dated 11/19j76 (3 pagei)' Plot Plan, Floor Plans, Elevations '.-: . . L Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) '--, , ....... . COMM.JSSIONERS. x ',.; . ( ...' C.<, .', CITY OF NEWPORT BEACH MINUTES June 17, 1976 . " :~otion \~a's .made·tha·t Pranning Commission approve '. u~stfor the flag· pole~.ubj~~t to t~e followin . i60s: . 1. That develo~ment be in su with the plans -as subm1 tted~ " Request toestablishoriebuilding:sit~ and elimi-nati interior· lot line~where:threelots and an . abandoned alley no~ exist ~~·~s iri ~ermii· the . construction of additional' storage. and kitchen ' space for the Five Crowns Restaurant. locatio'Q: ~: Applicant: .. ~: Lots 1,2. and~~ ~lockAof Tract 673. lo~ated at 3801 la~tCoast Highway'onthe southeast corner of East Coast Highway and Poppy Street in Corona del Mar. C-1-and C-l-H George ·R. Stephenso.ri, Santa Ana Van-Frank' Investment's, Inc., los Ari9~les .... ' .. Copies of two letters were dist~ibuted' to the , Commission which were· receJved subsequent to' the : .1' . ,f 'staff report. . Community Devel.opmentDirector:,Hogan ad'iised t,hat a lthough there 'were no prob 1 ems wi th-the resub- division and appr~val was ~ecommeridedby the st.ff there were concerns in connectionw;th· the pro-.. ~o5ed redevelopment and inter~retation of the Code relative to offstreet parking~ He reviewed the proposed redevelopment and advised t~atdue to the. fact that the building was being expanded in excess of 10%. the Planning Commission should, determine and instruct the applicant as to which of the following ~'Iould be the determining factor or procedure to follow io connection with ~equired parking: 1. A determjnati~n be made by the Commission that the gross ·area of the building. was that area . being used for diriing purposes only.and con-'; sequentlythe:parking ~ould ntitbe affected. . . . ~ Page 2. INDEX Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) .. ":OMMiSSJONERS' . ~. CITY OF 'N EWPORT &EACH' . MINUTES June 17. 1976 2. 3. That the restaurant should'm~~tiis entire needs for-pa r-king based on the range of 1 spac per 30 square feet to 1 space per 50 square feet of net publjc area as~equ1red by the current restaurant parking standards. That the applicant file for a us~ permit and request a waiver of any additional parking which may be required based on the fact that there would be no enlargement of the dining area. Public hearing was opened in connection with this matter. George R. Stephenson. 1326 S,outh Marti n Street» Santa Ana, Land Surveyor. appea~ed before the Commission on behalf of. the owner and concurred with the staff report a'nd recommendations. He advised that the proposed remodeling .. would be to the lei tchen and offi c:e spaceonl y and that the dining area would not be increased. Roger Morin. 327 POPPYl appeared before the Commission voicing concern and questioning the matter of parking since employees park along the residential streets a~d do not use th~ parking lot; how and when the alley was abandoned; how the cottage fits in with the proposed remodeling and the provision for delivery trucks to unload without blocking the streets; and proposed q site inspection with the commission in order to point out the problems being encountered by the residents. Community Development Director Hogan advised that the resubdivision request was not related to the parking problem. However, in res~on~e to Mr. Morin's questions, he advised that the new parking stand· ards for restaurants was designed to meet tbe entire needs of a restaurant which included both employee and patron parking- City Engineer Nolan commented ~n th~ aband6nroent of the alley whi ch took place many yea rS ago; the reason for the abandment was not clear. However9 the procedure would have required a public hearing . by the Ci ty Counc 11 and upon rev.i ewi ng the evi denc , made the determination, by Resolution~ to abandon the alley. Staff also advised tha~ the cottage and the proper on which it is locat~d was not apart'of this Page 3. INDEX Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) I .. , .... t../ .. , I, ,,,-r ~;.;~~ ... .' l( i( CITY ·OF· NEWPORT BEACH· MINUTES June 17. 1916 resubdivision nor a pa~t of the pr.oposedremodel- ing; At this point, staffthoroughli~e'J:ie~ed the. plans which were submit.ted in connection with the pro-posed remodeling and it was pointed o~t that the square footage would be'increasedby,approximately 351. The service and delivery area w~s also revie\'/ed as to location and functionability. Mr. Morin appeared before the Commission and voiced concern with the proposed arrangement,for de'iver- ies as be doubted the adequacy and. usability of the proposed area and felt that existing problems \~ould be compounded. especially as to noise and vehicles blocking the street. . Planning Commission discussed parking requirements~ loading zone requirements. and ,noise regulations. There being no others desiring to appear a.nd be heard, the public hearing was c.losed. Planning Commission discussed the possibility of a continuance in order to ascertain,whethe'r or,not the intensity woul d be 'increased thereby requfrin'g additiona 1 parking. Sta ff pointed out that the resubdivision request was not the proper tool to . obtain the information requested and the best way to deal with the questions raised was to make the determination that the enlargement of ' the building ",ou1d be greate\· than ,10% and therefore the entire remodeling must be reviewed by the Planning Commis· sian through the use permit procedure and the parking be made to conform with the requirements of the present ordinance and could no longer remai~ in a nonconforming state; or that the property owner apply for a use permit under which a waiver of the parking requirements could be requested. Planning Commission discussed the findings and were assured that those recommended in the staff report pertained to the land only as required by the Subdivision Map Act and bad nothing to do with the proposed building improvements. Assistant City Attorney Coffin advised that he would prepare a written opinion in this regard for the benefit of clarification. Planning Commission also determined that since the proposed improVements consisted of more than 10% of the existing building area. a ,use permit would Page 4 • IND&X Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) .. \Jtion . ye·s ilsent· ..... ::.' ... ' '. ;' t( I CITY OF .. N EWPQRT· BEACH . :' MINUTES June 17. 1976 have to be approved prf~r to the t~suanceof any building permits. Motion was made that Planning Commiss.ion make the· following findings:· . '." . .' 1. That the proposed map is consistent witnappli cable general and specific plans •. 2. That the design or 1mpravemel1tcif the proposed subdivision is consistent with applicable genera1 and specific plan~. . . . 3. That the site is physieal1y suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development~ 5. That the desiEn of the subdivision or ~he proposed improveme~ts will not cause substan- tial environmental damage or sub~tantial1y and avoidably injure fish or wildlife or their habitat. 6. That the de~ign of the subd1visiori Dr the proposed iwpro~ements are not likely to cause serious public. health .prob1ems. . 7. That the design of the subdivision· or ttie proposed improvements willnotconfl let with any easements. acquired by th~ public at large for accesstbrough or use of. property within the proposed subdivision. . 8. That tbe discharge of waste from the proposed ~ubdivisjon will not result in tir add to any violation of eXisting requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of· the Water Code~ and approve Re~ubdtvfsion Ho. 523~ ~ubject t~ the following conditions:· 1. That a parcel map· be fil~d. 2. That no building pe'l'l1\i ts be l.ssued for struc- tures ~ithin the abandQned alley area unti1 (a) the new iB1I water main being constructed by the City is i~ operation. and the existing 6" water line located in the public utility Page S. . 1 ··/C: INDEX Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) '. :"~::~':' " ..... :.? .::: /::::·::'I~··~·-·"-:' :'.,.;:: '<: :'~::-":, ·:;-·-'..::··.~~~:·"·!~:·:7::·rl·::[.~:~?~?:~:}~~~~··: ?~:"{:':"'::'" '. ... ,., 1/.' ---" ... ' . . ";OMMISSIONERS ~OLt CALL .{ .' .... / CITY OF N EWPORl·BEACH MINUTES' June 17 1976 " easement can be eliminated~fro~thesystem. a~d (b) vacation and abandonmentproceed1ngs can be completed for all or a portton cif ~he public utility easement which was. rese.rved .when the alley was vacated and abandoned.·.· . INbEX ~~----~-ri-~+-+-tlr-------------~~~~~~~~------~-----------4------~ ~"lotion . :\yes '\bsent J .\ X X X X X X X ,' •••• o' • I t Request to permit the instal1ati.on of a 344 square foot uBullock's .Wilshire" w~ll· sign;~here Chapter 15.16 of the Newp~rt Beach M~nicipal Code would allow 200 square feet. . Item C3 SIGN 'E"XCEPTlC PERMIT NO.' 7 Locat; on: Lot 1 of Tract G01S.located at APPROVEI 83 Fashion Island in Newport Center. CONDI-- TIGNALL C-O-H Welton ~ecket Asio6i.tes. Los Angele ThelrvineCompany~Newport Beach was opened inconriection with this Gene Jung. Hacda He; ghts, appeared"before the Commission on beH 1f of Welton Becket'Associates, The Irvine Company. and Bullock's Wilshire. He concurred with tbe 5 ff repo~tand an~w~red questions of·the Commi' ion relative toillumina- tion of the sign. There being no others desir 9 to appear and be heard, the public hearing was Motion was made that Planning Co ission approve ,Sign Exception Permit No.7 and ma . the following. findings in connection therewith: 1. That the granting of this permit is e.cessar"y to protect a substantial property rig wi 11 not be contrary to the purpose 'of apter 15.16 of the Newport Beach Municipal Code. Z. That the granting of this permit will not be materially detrimental to the health •. safety. comfort, or general welfare of persons residing in the neighborhood. or detrimental or injuri- ous to property or improvements in the neigh- borhood. or to the general ·welfare of the City. Page 6.' Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) .... -. ~ . ;. . .. '. "c/r/~ RA ._ , ALLeY '. ·:x····· " . . .. ; . .... \ \ . .. ~l. \ _., ". . . . \ ·41 '.. . • I"~ ~. . . . la.··· . . ~·.S"P .' .. ,.-.......... : " .' ...... " .. .. ..' . . : '. . . '. ---------... -. . --l --~--:" .: .' ' . . r;: .' ........... t i I I I I I I //-/5-7k Flvr' h nm~~l~ .' . "', .. I , . .. I :::..r:~ 14ocA~~~ piCUl. L:~' ~.. * . Appi-bx-:./)/ptlMskws s.h{)(.lJri ..... : : ····&W./tSIT .. ~ / ••.... ~ ............ : . ',i riPe CRtJ)(fl'/S RESTt/A/'?.4'~ . I nUl!k rv"''''i"r/9 .1"'..?7~;/-'; ~ I Co."srrlldIC'7 ///u/';.·~~I'. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ·L~·-::-/ ~~~ ~_~_·_·"'_· ___ "''''''''''''''.Il''''''''_''' .... ,. ,.~ ... . \>,,['1, ..... . " . .' ~ u • ( ,. ~ ',." . . .. ~ . , . " ..... " . ' . ~ .. , . '.-' ... " .. ; :, ..•.. :" .. "~.f" . .. :. .. ' .. ...... ~ ; .... ". -., . ':' .. . '." ,; ' .. '. "'. '. . ' "', ':. '.':-'. '. ,!', .... : •••• '.' . . ~ .. ~ .. . , ." ... .,' .'. .. , ... ' .... . ' .. . ... . " " .. ( '. ," :. , .. . .. '., .' '" . Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) f1a r c h 3, 1977 Request.to remodel and enlarge the existing kitchen, storage and supply areas of the Five' Crowns Restaurant facility in the C-l District. The proposed development also incl udes th,e construction of a roofed trash enclosure that encroaches to the rear property line (wh~re ·the Ordinance requires a .Sfoot rear yard. setback' when the rear of a C-l lot abuts on a Resid~nt;al Distritt). . . Location: Zone: 'Appli cant: Owner: lots 1~' 2, and 3. Block.A of Tract 673,'10cated at 3801 East Coast. High~ay on the southeast corner of East Coa~t Highway and Poppy Street· in Corona del Mar. C-.1 and C-l-H The Five Crowns Restaurant~ Newport Beach Van-Frank Investments, Inc., Los Angeles . Staff advised that .any motion to approve this>' > . use permit should also 1ncl~de a waiver of what-ever number of parking spaces the Commission ~~ desired t~ waive. Public hearing was opened in connection with this matter. Arthur Wynne, officer of the Five Crowns Restau- rant, appeared before the Commission and concurre with the staff report and recommended conditions. With respect to the problem of parking in front· of the "cottage" which has occured in the past, he advised that the valets have been instructed not to use this area in the future. .....• '.'.; " ·:·~r ;. .'~!' . '" ';.: " :.; -.: . ::. I Comm; 5S i oner Humme 1 VOl ced concern with the wi dth . :.';;'1 of the driveway leading in1;.o the garages on the . .";:; i . adjac'ent property and questi oned the poss; bi.l ;-"~y; . '.· .. !!.~l .of· re'quiring a reduction in the width. in order-to ; .. -::t15 ~~~ ~~:m i m ~~~~!: ~~~~ ~ ~m~~~r ~: ~HE!~:~~~:: ........•.•..•. ;: .. _ .•.•.• :.:.: .. ~:: ... ;:~:;:~. the parent company to see what could be done.:· '.:. '.'., , .. ;:;;1 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) f:·-, ' ~,~' " -- March 3, 1977 Herbert Citron, President of Valet Parking Services, Inc., appeared before the Commission and advised of their instructions to the parking attendants for the Five Crowns Restaurant in order to~liminate parking problems which have existed in the past. Roger Mo~in, 327 poppYt.app~ared before·the· Commiss.i~n in favor of the request and advised that the major concerns6fth~ adjacent residents which Were expressed at past public hearings hav~. been met by Five Crowns and that the proposed remodeling would be an asset to the neighborhood. There being no others desiring to appear and be heard, the public hearirig was clQsed. Motion was made that Planning Commission make,the following findings: l~ That the proposed use is consistent.with the Land Use Element of th~ General Plan and ·i~ compatible with surrounding land uses. 2. The project will not have any signific~n~ environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. The existing work, washout, and storage areas are inadequate for the needs of the restauran facility. The proposed development will greatly improve the restaurant operations, including the access of delivery and trash trucks to and from the site. 5. A waiver of a portion of the required off- street parking spaces in justifiable~ since n additional seats or "net public area" are proposed in the restaurant complex. 6. The existing offstreet parking spaces for the restaurant use on a separate lot from the '.' building site are justiffable fO.r thefo1.low~ . i n9 reasons: a .. The subject parking lot isdirectly across· Poppy Avenue from the restaurant site. . .-~. INetl!)e, , .:"': ." . ' .. . ' ", :.: .. '. ,:~ ;:"'d : =' .:- ," ~ ., -: '.' .. ~. ~. -./, " ,:' '. :': , .', ',' :.' I ., , , .,' '. ::'~':;:I Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) t···.· ':., ;;':'. .- ;'.~'. ,', '~ .. : '" , ~::. ..- L .... ;.~: ~': ~ . . i~;' .' , ~,: . }{ .. (' :. ;: . . '" " ':,'i •. March 3, 1977 b. The existing development does not create undue traffic hazards in the surrounding area. c. The site is owned by the property owner of the restaurant property and will be maintained as an offstreet parking lot for the duration of the restaurant use on the adjoining property. 7. That.the ~stablishment, maintenance or opera- . tion of the use of the property or building will not, under the circumstances of the partittilar case, be detrimental to the health, . s~fety, peace, comfort and general welfare of persons residing or. working in the neighbor- hood of such proposed use or be detrimental ·or injurious to property and improvements in: the nei ghborhood or the general wel fare of :: the .Ci ty and further that the proposed modi fi- cation is consistent with the legislative' intent of Title 20 of this Code. 8. The app~oval of Use Permit No. 1822 will not. under the circumstances of this case be detrimental to the health, safety, peace', morals, comfort and general welfare of _ persons residing and working in the neighbor- hood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. . and approve Use Permit No. 1822, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, 1100r plans, and elevations. 2. That all mechanical equipment and trash areas shall be screened from adjOining properties and from adjOining streets. 3. That an offsite parking agreement shall be approved by the City Council, guaranteeing that a minimum of 87 parking spaces shall ~e maintained at the southwesterly corner of East Coast Highway and Poppy Avenue for the duration of the restaurant use on the adjOining property and that the remaining a INOIlX .; II Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) l~c:n .. L. CAL.L. .," . x .: .•... March 3, 1977 4. That valet parking personnel shall be maintained on the offsite parking lot at all times during the hours of operation of the restaurant facility. -5. That a washout area for trash containers shall be provided in such a manner as to allow direct drainage into the sewer system and not into the storm drains. 6. That there shall be no increase in the "net 'public area M of the restaurant facility in conjunction with the proposed development. 7~ That a_ parcel map be filed. 8. That ~ll improvements be constructed as required by Ordinance and the Publi~Works Depa rtmeil t. 9 .. That no building permits be issued for structures within the abandoned alley area unt~l vacation and abandonment proceedings can be completed for all or a portion of the public utility easement which was reserved when the alley was vacated and abandoned •. 10. That the portion of the eXisting driveway approach not being used be closed up. 11. That the new driveway approach be construct~t as shown on the site plan. 12. That all work in the public right-of-way be done under an encroachment permit obtained frQm the Public Works Department. 13. That the "heaved" sidewalk along East Coast Highway and Poppy Avenue be replaced. The Motion was amended to add two conditions; that the employees be encouraged to park in .the parking lot, and that the valet service in no way utilize the space in front of the "cottage" for' valet parking. ;In discussing the amendment, Commissioner Humm~l :-commented on required parking for restaurants in· -.general and felt that this restaurant shou'ld comply with the requirements-and provide p~rkin9 INDax ... ' .. " : " ~ ,,' . .'. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ',' r;}~t:':" ':'; ::,:;\~:{~:::;:i.\\~;." . ::~. ' . . . ~" .. '.,: . .',' , 'COMMISSIONERS · ... 1· :', '{( .' . ~~;~~~:;.:.: '. es X X X X X X sent X .. '::," j;.:;Ayes X i('Noes X X X X X f/·Absent X ~.,:':': . ;~:Ayes X X X X X X :.:<Absent X i:~~'.~i:.~ .. . ',' y : of Newport March 3, 1977 for tbeir employees off the street in order to eliminate parking problems in the adjacent, residential neighborhood. Commissioner Agee felt that additional parking requirements were unfair at,thispoint because, the remodeling was to the kitchen and trash areas only and because the restaurant was established prior,to any parking'requirements. Following discussion" the two c6ndititinswere acted upon separately, as follows! 1. That _the valet service shall not lise the dri veway apron in front of the "co ttage", which adjoins the,restaurant 'si te to the south. for restaurant parki ng. (Arnendme,nt carried. ) , ' ' 2. That the, employees be encouraged to park the designated lots. (Amendment failed.) in' ' The original motion was then voted on as amended and carried. Request to permit the constru~tion of a duplex and related parking spaces on a lot with less than the required 2,400 square feet in th~ R-3 istrict. Further request to permit one of the re ired parking spaces to have a width of 8 feet (wher the Ordinance requires minimum 9 foot wide spaces). . Location: Zone: Appl ; cant: Owner: t 18, Block 1, Newport Bay, lac d at 205 East Balboa Boulevar on the utherly side of Ea~t Balbo Soul e'vard, etween Alvarado Street and Coronado reet ori the ,Balboa' Peninsula. R-3 Marinko Jerkuni'ca, Lag_ria Same'as Applicarit 2 . :' . ;.:: '~'. "" .. :: ': ," . ., .... . ," ~~·· .. )3 VARIANCE,; NO. 1061" APPROVED" CONOI.;.::~: TIONALLY~ , " Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) !!!f-~. ~!I!!.!!!!!.!!!··.·!!!!!!!!!IIi"·':." ~" _e:=~~===, .=;::::::;= .. ;;;;' .. '-.. --:-----------.. , -:< .: CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY OEVELOPMENT PLAN REVIEW REQUEST gJVt1 /)L~ DADVANCE PLANNING DIVISION ~UBLIC WORKS DEPARTMENT DTRAFFIC ENGINEER o FI R£ OEPARTMENT OPlAN REVIEW DIVISION OPARKS & RECREATION OPOLleE OEPARTMENT o 11ARINE SAFETY OGEHERAl SERVICES Date _________ Fe_b_r_u_a_r~Y __ 9~._1_9_7 __ 7 j]PlANS ATTACHED (PLEASE RETURN) OPlANS .ON FILE IN ZONIfIG AND ORDINANCE ADMINISTRATION DIVISION APPLICATION OF ______ ~T~h~e_F~i~v~e~C~r~ow~n~s~R~e~s=ta~u~r~a~n~t ________________________ _ ~OR A OVARIANCE ______________ __ ~'IS E PERM IT_..:.l.;:::.8!:.'22=--______ _ DRESuBOIVrsION ______ _ OTRACT MAP __________ _ ON A REQUEST TO remOdel and enlarge the existing kitchen. storage and supply areas of the Five Crowns Restaurant facil,ty 1n the C-l District. The . proposed development also includes the construction of a roofed trash enclosure that encroaches to the rear vroperty line (where the Ordinance requires a 5 foot rear yard setback when the rear of a C-l lot abuts on a ON LOT ______ 1~,~2~.~3 ______________ ~BLOCK~~A~~ __________ ~~~~--~6~73~------- AODRESS __ ~~3~8~O~1-=E~._C~o~a~s~t~H~ig~h~w~a~y~,_C~o~r~o~n~a~de~l~~~~--~~~~~r------__ REPORT REQUESTED BY __________ ~2~/~1~7/~7~7 ________ ___ COMMISSIO~ REVIEW 3/3/77 ---------------~~-----------COl·It~E rlTS.,Lja:...Cl~ti::t:..c~:Y;,~~U~~QL:2::j~~~-52.c....6.~E~~~k ____ _ P>IZ WI S r.A c,,~,.'n:J .5'2 .3f.t ad J(/..'V5 /(, 19':7t6 5Vr "IJ P4,ef'lfg. MBA N.D '5 AJQr- __ -A;s £e::t:j2. V/4?£L:::1')RY~ &e,a'?'tf,?OA/c:e Ii.}do m¢F"" __ ·;t..?V.&="':::'/4 ~;:;. $-. D<'!ff"441Z~ __ ::f.. 7)., J7,... /-/ e .8 t.I / i!. D / We,.. Pc. e H (r6 8£ "'$ S 4"i!i.D eoee .2 7/Z.b ~ l""lA'~F..;..:1 &<J~r)J./.Iv We A8IJNDottle:.Q IJLt.e'l A 1Z e:.;q /..14/ r I c::.O.t:t,tJ 77 a AJ AND l! B IJN,!Jo AI M t?JJr SIG~ )1;;t;' DATE /7 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST itl\~~~ DADVANCEPlANNiNG DIVISION opUBlrC WORKS O£PARTM£NT o TRAFF I C ENG I NHR OFIRE OEPARTl-lENT OPlAN REVIEW DIVISION OPARKS & RECREATION ~OLI CE OEPARTMENT o 14ARINE SAFETY OG£NERAl SERVICES " Da te;.... _' ____ F_eb_r.....;u_a_r.::..y~9.:;,.. _1:...,9.....;7_7 l]PLANSATTACHED (PLEASE RETURN) , " . OPLANS ON fILE IN ZONING AND , ORDINANCE ADMINISTRATION DIVISION, ' AP PLICA TI ON O'F ___ --!T.!!h~e_·!.oF.!.,;i v!..!e~C:.!..r~o.!!.wn!!;s:!...· ...!R!!:e~s..!:i~a!:!..ur~a~n.wt:...::...., ...:....,,:.....;.........,.._-.:-______ _ ooUS £ PERMI ~_' ......;.!..1~82::.!:2:....;..' _____ _ OVARIANCE _______ _ ORESUBOIVISION ______ OrR"ACT, MAP_"_"_' '_''''_:'',;..' ' _______ _ ON A REQUEST TO remodel and enlarge the existing kttchen;storage and supply areas of the Five Crowns Restaurant facility 1" tfie C-l ,bistrict. The proposed deve10pment a150 includes the construction of a roofed trash enclosure that encroaches to the rear property line {where the Ordinance reguires a 5 foot rear yard setback when the rear of a C-l lot abuts on a ON LOT _____ ''-','-.:Zo..<. • .::;.3 _______ ,BLOCK:...--..:.A.:.. ______ TRACT __ .:..6.:..;73:!..-__ _ AOORESS ____ ~3~8~O~1~E~._C~o~a~s~t~H~i~9h~w~a~y~.-=c~o~ro~n~a~d~e~'~M~a~r _______________________ __ REPO R T HE Q UES TE 0 B y _____ ..::.Z!-/l.:..:7:..:;1...:.7~7 ___ __'_-:..,;. COM~!ISSION REVIEW 3/3/lJ.' . ,,' .' COMNENTS . t/< J~ (];:J:'~J~-'1)p SIGtlATURE Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ·····e· CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY. DEVELOPMENT PLAN REVIEW REQUEST . g ~L/'" • .flaMJ d DADVANC£ PlANNING DIVISION Q~~8LCC WOf:r.'.> OEP~RTMENT· I.frfKAFFIC EhGPiEER ElFIRE DEPAF'ii1ENT OPLAN REVIEW JIVISION OPARKS & RECREATION o POll CE DEPARTMENT o NARINE SAFETY OGENERAL SERVICES Da te __ ~ __ Fe_b_r_u_a_r.::.y_9.:... _1_9_7_7 .. (XPLANS'ATTACHED (PLEASE RETURN) . '. OrlAN'SON FILE IN ZONING AND ... ORDINANCE ADMINISTRATION DIVIstON APPLICATION OF ______ ~T~h~e~F~iv~e~C~r~o~w~ns~R~e~s~t~a~u~ra~n~t~ ______________________ __ ':OR A aVARl ANCE -----------------~USE .PERMIT_·....:1~8:=.2.:::..2 ______ _ DRESUBDlvISrON _____ _ OTRACT MAP __________ _ ON A REQUEST TO remodel and enlarge the existing kitchen. storage and supply areas'of the Five Crowns Restaurant facl11ty lnthe C-1·District. The Qroposed development also includes the construction of a roofed trash enclosure that encroaches to the rear property line (where the Ordinance reguires a 5 foot re~r yard setback when the rear of a C-1 lot abuts on a Residential District). ON L 0 T,..---_-'"l ....... =..2 ,,-,' 3,--_ ________ BLOCK~~A~ __________ TRACT ____ ~6~73~~--- AOORESS _____ ~3~8~O~1~E~._C~o~a~s~t~H~i~gh~w~a~y~.~C~o~r~on~a~d~e~l_M~a~r~· ________ ~ __________ __ . REPORT REQUESTFO BY 2/17/77' ----------~~~~--------~ COMMISSION REVIE~ 3/3/77 COMMENTS __ _ ~--tbi: ~~-----~ Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) : .•. :: .•. ,> .•... . ' : .•.. ""',:{"':: CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST (J. 1~" ~J-u.I--. ~DVANCE PLAnNING DIVISION OPUBLfC WORKS DEPARTMENT OTRAFFIC ENGINEER OFIRE OEPARTMENT OPLAN REVIEW DIVISION OPARKS & RECREATION o POll CE DEPARTMENT o ttARI NE SAFETY QtENERAL SERVICES ,. Date _________ Fe_b_r_u_a_r~y_9~.~1-9-7-7 . rnPLANSATTACHED (PLEASE RETURN)' OPlANS ON'~rlE IN ZONING AND · .. oRDINANCE ADMINISTRATION . OIVI S ION' APPLICATION OF The Five Cro~ns Restaurant ------~~~~~~~~~~~~--~~--~-------------- FOR A DVARIANCE -----------------m1LJSE PERMIT~·;...!.1..:::·8~2:.2 ______ _ DRESUBOI V I S I ON _____ _ OTRACT. MAP_' _.-;... _______ _ ON A REQUEST TO remodel and enlarg~ the exis~i~g kitchen. sto~age ~nd supply areas of the Five Crowns Restaurant facl11ty ln the C-l District. The Rroposeddevelopment also includes the construction of a roofed trash enclosure that encroaches' to the rear property line .(where the Ordinance requires a ~ foot rear yard setback when the rear of aC-l lot abuts on a ON LOT ___ '~l..L' .::.2.z.;. 3::..-_____ ---.:8 LOCK:....-_A ______ TRAC T_---..:6:.:1~3~. __ _ AOOR£SS ____ ~3~8~O~1~E~._C~o~a~s~t~H~i~gh~w~a~y~.~C~or~o~n~a~d~e~l~M~a~r ______ ~ ______________ __ . . . REPORT ·REQUESTED.BY __ -:--__ · .;;2~/1~7~/..;.7~7,.;..:~.-,:.-:"-·!-,-· _.,; .. _. :~ .. :_ ......... . : ,.:~ ';l~;.~ !" . .,' -i, " -COMMISSION REVIEW 3/3/i7 COMMENTS_' __ 7hJJ--"'-·_{:o11..::::.:...~..:..:'71:...::y,J__=·::;J.........".--.J;..;.~...:.j/_-...;.7_7_: _________ _ 9 ,-d-, 'ill ¥'7A-tClvv<-. . . SIGNATURE Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) '.'.'" . ':.. .. ~ .. . '. I , . . :: . CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY· DEVELOPMENT PLAN REVIEW REQUEST .. igrtJ-f~ . CADVANCE PLANNING DIVISION OPUBLIC WdRKS DEPARTMENT OTRAFFI C ENG I NEER OF:IRE DEPARTMENT WlAN REVIEW DIVISION OPARKS & RECREATION o POLI CE DEPARTMENT Ot~ARINE SAFETY OGENERAL SERVICES Date . February 9. 1977 rnPlANS. ATTACHED {PLEASE RETURN} dPLA~S ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISI.ON '.' : . APpLICATION OF ___ ~T::..he:::....:F...!i:..:v..::;e~Cr:...:o::.:.w~n:.::.s~Re~s~t:.::a~u.!..r:::.;an~t::-.. __ ~ ________ _ FOR ·A OVAR I ANCE _____ ---,. __ · OOUS E PE RMIT_·....:1:.,;:::·8;.:2,:.Z _______ _ .DRESUBDIVISION DTRACT MAP __________ _ ON A REQUEST TO remodel and enlarge the existing kitchen. storage and supply areas of the Five Crowns Restaurant tacil1ty 1n the t-l. District. The proposed development d1su includes the construction of a roofed trash enclosure that encroaches' to the rear property 1ine (where the Ordinance requires a 5 foot rear yard setback when the rear of a C-l lot abuts on a Residential District). ON . LOT ______ 1 ...... ..;:;Z ..... 3~ _______ BLOCK:.____.;A;.;.. ______ · TRACT __ .;;.6.:..73~ __ _ ADDRESS ____ ~3~8~O~1_E~.~C~o~a~s~t~H~i~g~h~w~ay~·~.~C~o~r~o~na~d~e~l~.M~a~r~·~ __ ~ _____________ ___ RE PORT· RE QUE S TE 0 B Y.-..;.. ______ Z;:../.;...;l 7~/.;..7;...7_· _~ ____ COMMISSION REVIEW '3/3/77 ------------~--~.~,~.------COMMENTS ______________________________________________________ -- .. ', ,.: ... SIGNATURE Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) .'1.:' ";.' ""e' , .-:.' CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST '~JJ-IIL&~ aADVAN~PLANNING DIVISION OPUBlTC WOR~S DEPARTMENT OTftAFFIC ENGINEER f!}f'IRE .DEPARTMENT OPlAN REVIEW DIVIS10N QPARKS & RECREATION DPOLleE DEPARTMENT o 11ARINE SAFETY OGENERAl SERVICES Date _________ F_e_b~.r_u_a_ry __ 9~,_1_9_7 __ 7 ~PlANS AtTACH~D(PLEASE RETURN} OPLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION APPLICATION OF The Five Crown~ Reitaurani. --------~~~~~~~~~~~~~~------~-------------- FOR A DVARIANCE ------------------rnIU'SE . PERM IT--:.,;..:1..::;8.::.2:;.2 ______ _ ORE S UB 0 I V I S I ON _____ _ OTRACT HAP __ -,-______ _ ON A REQUEST TO remodel and enlarge the existing kitchen. storage and supply' areas of the Five Crowns Restaurant Tacil1ty in the C-1D1strict. The ro osed devel0 ment also includes the construction of a roofed trash enc10sure that encroaches to e rea~ property lne where the Ordinance requires a 5 foot rear yard setback when the rear of a C-l lot abuts on a ON LOT __ --..:l ...... .=.2.z.;. 3=---. _______ B,LDCK"--;.......;A-'-_...,.----,._-..,.-_TRACT ___ .=6.=..7.:;.3 __ _ ADORESS __ ~--~3~80~1~E~.~C~o~a~s~t~H~;~gh~w~a~y~,~C~o~r~o~n~a~de~l~M~a~r--~ ____ --____ --__ ----__ _ RE PORT REQUES 1£ 0 B Y _____ ...;;2;.!../..;.,1 ~7/~7..:..7 ____ _ COMMISSION REVIEW ___________ 3~/~3~/..;.,7~7~~ __ ~ __ COMMENTS 1. construction shall cont'onn to the Uniform Building code; 19T3F4it1;'n and the ... California Administrative Codet Title 19 requirements~ Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) :-.' : .. :' ,. CITY OF. NEWPORT B~ACH DEPARTMENT OF COMMUNITY,DEVELO?MENT PLAN REVIEW REQUEST .~~., 8?(OVANCE PLANNING DIVISION .OPtiSlIC WORKS DEPARTMENT OTRAFFIC ENGINEER . o FI RE .DEPARTMENT . OP(AN REVIEW' DIVISION OPARKS t.' RECREATION Dp.OLICE. DEPARTMENT OIMRINE SAFETY OGENERAl' SE.RVICES February g. 1977 , ~PL~NS ATTACHED (PLEASE, RETURN) OP~A~~O~' FILE IN ZriNING A~O ORDINANCE ADMINISTRATION ,",DIVISION . :.: .... APPLICATION OF ____ ~~T~h~e~F~iv~e~c~r~o~w~n~s_·~Re~·~~'t~a~u~r~a~n~t_. __ ~.'_'_:_:.~ ______________ ___ FOR A OVARIANCE ------------------!!IUSE PERMlT_' _··:·...;.1..;::8.:.;22=-______ .... ORESUBOIVISION __________ __ 'OTRACT MAP ___________ _ ON A REQUEST TO remodel and enlarge the eXisting kitchen. storage and supply areas of the Five Crowns Restaurant hcihty in the:: c-1 District.' .The ro osed develo ment also includes the construction of,a roofed trash enclosure ~hat encroac es to t e rear property ne where the Ordinance requires a 5 foot rear yard setback when the rear of a C-l lot abuts on a ON L 0 T_· :-:-' -:-----,1"""..=.2.s...;? 3"--_________ ,8 LOC K'----'A ..... ______ TRACT __ -=-6..;..7;::..3 __ _ ADDRESS~ ____ ~38~O~1~E~.~Co~a~s~t~H~i~g~h~w~ay~,~c~o~r~o~n~a_d~e~l~M~a~r~ __ ~ ________________ __ REPOR~'R~QUESTED BY 2/17/77 ------~--~~~~~--------COMMISSION REVIEW ______ · _·3;;..:/....;3..:../..;..7,;...7_'·..,.. .. _· _~~ '. SIGNATURE Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) I .. ' , . .... " .. : CITV OF NEWPORT eEAtH . DE~ARTMENT OF COMMUNIT~ DEVELOPMENt PLAN REVIEW REQUEST ~OVANCE PLANNING OrVlS!ON O-P,:1JBLI C WOF:J(S DEPARTMENT D1RAFFlC ENGINEER 0"1;1 RE DEPARTMENT []PlAN REVIEW DIVJSION DPARKS & RECREATION o pop CE DEPARTMENT o /1ARINE SAFETY DJ~ENERAl SERVICES Date February 9. 1977 ~PlANS AiT~C~ED(PLEASE RETURN} OPLANS ON FILE IN ZONING AND . ORDINANCE ADMINISTRATION ". OIVlS~ON . APPLICATION OF ______ ~T~he~F~i~v~e~c~r~ow~n~s~R~e~;~t~a~ur~a~n~t~·_·_·~~ ________________ ~ FOR A OVARI ANCE -----------------~USE PERM1T_.....:.'..:.82::.;:2~ _____ _ ORESUBDIVISION _____ _ OTRACT MAP_-:-________ _ ON A REQUEST TO remodel and enlarge the existingkttch~n. sto~age and supply areas of the Five Crowns Restauran~ facil~ty 1n the C-10istrict. The aroposed development also 1ncludes the construction of a roofed trash enclosure that encroaches to the rear property line (where the Ordinance requires a 5 foot rear yard setback when the rear of a C-l lot abuts on a ON LOT ____ ~1~.2~.~3~ ____________ BLOCK~ __ A ___________ TRACT ____ 6~7~3 ____ __ ADDRESS ____ ~3~8~O~1~E~.~Co~a~s~t~H~i~g~hw~a~y~.~C~o~r~o~n~a~d~e~l~M~a~r ______________________ __ REPORT REQUESTED BY _____ .....;2~/...;1..;.7.:../~7.;...7_-'--__ _ COMM ISS t ON RE V I EW-.,;... ______ .;;.:3/~3;.:../..;...77~.....;...~_~ COMM£NTS ______________________________________ ~~~ ______ ~-------- '. ; SIGNATURE Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) 1 :oj. .. ~ '. t t .,;, . ; ~:'. PLAN. CHECK VAUOAnOH .... • "1'1 .. ,.:;,. . ,., .... : ~ . c-.,. • .,i .. I ac..I'.1.l. Ic1'a.4cK ,ItOM ,'ll~ ~."P, !. ... e or y,,,:!.: JI",... \ 0 I I'EINI"O"lC, !JTElU .. \lAC"~T SITE aYES ~ =DI = " " ~ • 0" • Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ,-.} ,..-----------------~--------:i:r-': t:!1 o I Ii Ii Ii " I; o o Gt~:'71 ~r--...:H· I = ........ --------......,r, ! ",,,r-o£."': ~ I, I I I I I I I l \ f , . f ~:. i --'+'- Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) .' ",' '.'" ..•. . .... ::.' •... . ' . ' .. ;' . . ••• a .... _ •• _~·_T· ..... , .. . . .-. BUilDING DEPT. -NEWPORT BEACH, CALIF. OWNf!:R ATKINSOn,. TRO:HA.S CA.T£: 10/31/56 rCCII .lOB 3801 EAST COAST H,-f!. 3583 8\"\:11:1 s 12l 00' ACCR1tSS Ft;;RM. HC. .. ~FP.T t'iV_ 3PT.L ~FSTs p. c. B -aUILDltR :rED E. l·1ERRIT.L & sons VAt.. 55000 TOTA\-S 12.00 LOT 1 SLCCIC SIi:CT. TRT. 673 VAR. :r: ~oN£ F"IR":~ 015T. GROUP TV,.e: BRP§iR FIEE nA!1.~QE u P. :: .-.. -. . BU'I..O'Ha IHIIP. I O~ 'IC. CATe Sua,CCll'ITR ... cTClAa I P CAI'4 ITS : . 'HSPCCTlClHff D ... T&: HO. I"CRI'4!S I t I TIU:NCI'4'$Tr::r::L I I f"RAM1!:,STEE\-.' j I ,... ... SD .. AY·ST££1... I CHIMNEY , I ".' " .. NrM e!.\)J:. _~,Qq J] I !~r t'( .. ~<:?l~ LATH-INT. & ,""T. .. .' .. ..+ --P\.ASTER ./" l I : -' .\\. I "':'i If p.,," • ~.;r .. 3.'1~L _ r....,v.\<'. '" '"l...., • __ .. .' .... Tn .. a:: 1 Sra ¥-lIIi!o::;,o' ... .;b .. ::'. H4~;;tz ~fs:tS SWIM pacl. I I I . I I . f I • I FENce I ! I -I . I J OTl-u:q . 1 .. ~ rINA'-I '.' ... ~ .' I .' .. , CERT. A'" OCCUP. I I . Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) '.. '.~. . , . ~ .•. '-' . Bun.Dn;G DEPT. ~WPORT BEACH, CP..LlF'. fEes ClJ=-4.L ~ /.?&".::v,..y .J OWNER 3:l3~ E. ?~P'iC COAST m?Y C.H? DATE 11-17~ 64 IILDG. S ?OI1.<;n JOB PERM. No. ~s 3Wll E. ?~ CCA::;-r HWY 49143 P.e. $ 100.7.5 BUILDER G-''''I 1 -~Qg\".':;:'\t .... VAL. $ \)0 .JlQ!l..l'!..O LOT 1-?-3 . '~l'~c: A SEcr. EDOi TRACT 673-A TOTAL $ 31)0.75 ZONIi C-l FIRE !lIST. 2 GROUP n-3 TYPS V-N YAR. N ... RemorJel .!xisting res~nurant tt. 1'. No. -Building ~.~.~-. ,... •• ,.Cllli .. :S12 " PERMITS rn,1P.cfion1 '.,p. O.K.O.t .. S.I>-<:".I,.",o" D.t. No. Pr. P. 0 Un. Gr. 0 E1_ct. .5~&. ./.-!~, c;..! I""'~Y~ StIll GtDund .;;P/I"" 11-1f.1'-'.:. ~ Plmb", A.:.e. ;:>1.,,,-,, • II-('-6f .v!f7¢~ Tunch Gtour.d • (/:I ... "AJ'r.. ,.,.. ,.< 1/-.. , .. -t..r $"J J. .. "" S .... , Graund . ~ .I ' . " HulinQ' H .. ting Glound 'Kdt:o/J/.:rI.P .... ';U·_',:~fJ ",,"' .... ,3 W.t''''lpe Ground ". , I .. lath th', ",.", EJ/v 1-f'-~.s-1;.I'N3!. G~' Pip. Gre>,,"" .. ~.~.; .-" Pl.1t.,. " ,. .. ..... eoct • Ground S",t.U., F.;eLlhdLS;,-,;'klt!.-/2;-.22-1. ~q~J ... ( .i;;;ni.in f. IA;,.-r. ... '/.-/i ,-,.a-,,// c.,. ~ ~e. /-..;'. ~J.-11/S"7:;o.P' Found.llon I ... <=' 12-... $-(.'1 , b. j)..,·r<,r Ed'd' ... 1_ R·~:'i 1¥t:l.P-'1t: U.do,pinnin9 ">.":11$ /,»,'?'-7 ~. ?7,1/. .. -I?I",.,-Ate. " i-),"~e.c...~2 Cor!. of OCcUl"I'(::".L.~ ¥.1..f:-.h.r:...., 1.t::Y..7.. BUILDING DEPT •• NEWPORT BEACH. CALIF. FEES OWNER FARL..o..TTI I B. {Hurler Bell) DATE 4-1~-60 BLDG. 39.0(J JOB PERM.N ... $ AODRl:SS "~Ol E. Coast H~"l' 2J62/~ 1°.S0 ~ER C.W. loiasters YAf..$12.000 P.e. $ LOT 1 & 2 BLOCK A SEer. TRACT 673 TOTAL $ ~R ~,., ZONE 0-1 FIRE DIST. 2 GROUP TYPIl Ail,g 25' 40' addition to banguet YAH. No. :1$; room in ex!~t1nR r~ct~u~~nt. u. P. No. Svild!ng = I'ERMITS In.otcllon. In'D. O.K. O.t. Sub·Conhad." Dot. NO'. Jr. P',Q Un. Gr. 0 e •• t:'F~-;.i; ..... ()-~',:h I";;;~-~O ::I.~~l\1. Solf G,ound Plm&<r. .~ ~ Tre • .!, G,.u.d S.WIr s. ..... GtOIlM H •• lfn,;,'/.:..~ .~ '" !';;;''\-la 0 11l.1.l D:<" H .. Una Ground Chimnev\ _ \'fI.~ ". ''. .J:;, ~.3. -c. ... ~ .. ;J ,_"c; ."l Wat.,oi ... Ground lalh ~tl. "n "',,.. ::::;-:;. ( .. f"' "'''''''""1 Ga. Pipa Greund Plu'or ":h:.if, "I) \l ~ 'V-. 1I EI.c!. G,o""d Sarinll •• 5, .. 1 R.I.f. Fou.d.lton U.d''Pinning Cort. ef Oce"P. BUILDING DEPT. -NEWPORT BEACH. CA1JF. Be FEES (FIVE CROWN'S REST.) DATE 6/15/65 12.00 OWNER ..LA.W.Y.!.S-.EOODS INC BL~G. $ JOD ' PERM:42°j71 6.00 AODIli:SS 3801 E. COAST IIIGHIiAY PeC. $ BUILDER DRIllER EIlDl: YAL $ 2.~OO. LOTl&2 BLOCK A SECT. TRACT 673 TOTAL $ 18.00 %ON~ C-~ FIRE OIST. 2 GROOP ~? TYPE = VAR. No. 110 S • FT. ADD •• SERVlt;!SAR"2t ;$ u. P. No. ... PERMITS BWlcllng IMC • O.K. 0.1_ S.b-Conl,.clor. O.t. Ne. .. In'ElcUcnl Pr. '.0 Un. G •• 0 a.ct. R .. t;",''1 Ii Ie ... 7-R;:~S-is".z7J' 7 Son Gre"." -'J'" .--/., °1 .. ) ..... I'lmbo. /. A. a,'4 ... t:f. t.. 2 -'6S" Iszn'.z . , Tnne" Ground s. .... r s. •• ,. Grou." :";1, -H .. lln" HullJla G'OUM Chi"' .... W.t~ Ground Lelh _'. ./ ,....-. GIS' Pi» G,ound PI .. '.r Gtound ---SPltnll., Sect. S ...... inf. ~ ,: ...... ~. , .-,'-. . i ....... d.Il"" , '.' ~ .. ~ Bi~,,~¥~; , U."otplnnfn\l ~~ ,_ .)%" J-" ~ • WA~.' WO/, ""j'j . -Jl-~ ~19f Cl~ Ji ii ~ ~ Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ...... ;.~;. ," ':, ••• :\~':,,~ ~ •• I • . ';.." \ ..... :.:.. . ..... CITY OF NEWPORT BEACH, Harch,3,1981 TO: FROM: SUBJECT: File ... Use Permit r~o. 1822 James D. Hewicker' . , Complaint received by telephone on Febru~ry 27, 1981 fr~m Cororia del Mar regarding use of parking lot on: northside of Pacific Coast Highway,: behind, Clyd~' Zulch' Galley, by patking attendants from Five Crowns' Restau~ant . , Spoke to Phi 1 Crowl ey, Manager of Fi ve Crowns Res taurant," by, phone thi~ date regarding the squealing of tires and the disturbance to residents in the block northerly of Coast H;ghw~y. ... ..' '. ., .. ' .. Mr. Crowley was very cooperative and indicated that he would bring the problem to the attention of the valet parking service. JOH/kk HEWICKER Director xc: ,City Hanager •... Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ~.:~ ..... ·:· .. :C':·:'::".·· .. · :: ... ; .... : r:~"".··. ' ... ~ ........ ': ..•... : ..... "C.· ••.•. ,. ... . , ..... / .... . " ' •. ,·t. . '. . , .' .,.: .... : .. ': -...... , CITy·OF NEWPORT BEACH PLANNING DEPARTMENT May 6, 1980 TO: FROM: Ci ty Mana ge r Planning Director Use Permit 1822 SUBJECT: Fi ve Crowns Res ta uran t 3801 East Coast Highway Co rona de 1 , '·1a r ,In res ponse to your i nq ui ry of ~'ay 1, 1980, we ha ve researche.d . the fi1e',on the Five Crowns Restaurant and com~ up with the foll owi n9 i nforma tion: l~' 'The property on the sou ther1 y side of Eas t Coas t .Highway, across Poppy Avenue, is under the same ownership as the Five Crowns Restaurant; the . . owner be; n9 Van-Fran k I nves tmen ts, Inc., 1 oca te d at 568 San Fernando Road, Los Angeles. 2. The subject property is required to provide a "mfnimum of 87 parking spaces' for the use of the Five Crowns Restaurant. 3. The Ci ty Co unci 1 au thori zed the Hayor a nd the City Clerk to execute an off-site parking agree- men t between the Ci ty and th e Fi ve Cro\·ms Res tau· rant on March 14, 1977 (Resolution Uo. 9024). 4. The restaurant is required to provide valet parking' personnel at a11 times during the hours of operation of the restaurant facility (Condition No.4). S.the valet service is not permitted to use the drive- way apron in front of the "cottage" "/hich adjoins the restaurant site to the south for restaurant parking (Condition No. 14). .' the Fi ve Crow'ns 'Res ta u~ valet parking 'service,' : .... ' . . ' .. . . ...... . , ..... . Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Department of . Communitv Development " VATE: May 31, 1978· TO: City Manager FROM: Assistant Director-.Buildtng . . . . SUBJECT: Mr. Til1ner's complaint ~egardi.llg Five Crowns restaurqntt .'. . '. .' I have investigated the problem Dutl ined in·Mr. Til1ner's ietter by contacting the contractor, Roy Collins,· reviewing the: construction documents and·,zoni~g.· .. approval and contacting the own~r,.··Mr. Wynne •. The gate which' has been located on the Hazel .Drive side is only a temporary measure. for a few ,weeks .during which time·the construction activity blocked' access to the refrigerators •. ' The ·pennit . . arrangew.ent calls for all loading and access to be from the poppy side, . . '. :' . . . " .' .. Mr~ Hynne is preparing a respons~ to ·the ~o;nplaint and. will be able to tell us exactly'when the gate can be closed on the Hazel side~': I . inspected. the site' on '. Tuesday,,'May.30, 1978,and·found that the·foundation has been placed and ~he> .. ' framing is now partially completed~ As soon as we rece'ive the final report 'from . the owner, it will be forwarded to you. . . . . . " '. ',. " i3JU BOB FOt4LER " " ," .BF:rw . ,xc: 0; rector · ·,,-Assistant Director-Planning .. . oJ ..... ~ .: '., :.::. ..... ,.: . ~. ' .. .:: Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) . , . ~:. . ~ ~ .,'. . , ~ .:;' .;.:"; ,.: :.; ,~.' ',",; '.' .. ::',,:' .', '" , ~ 'l' .. ::.:;:." ',: : " . ; '. . . . '; ,",':;;'" .". ~;y>'c lTY OF NE'~~R; BEACH' ...:::' rI·~i::.·<".· :'./.:., . ,>~.:;';'. 'l;: ',/,::.::' ::puBLtc .WORKSDEPARTMEffr·· . ., ":;;'/!;~ ;::2 i;.<:l;'; T:;.;,:~<.:i·, ~~"1·26;.:19J a:: . . . ... • '.: ' .• .r '\" . . i!. -. ~'. .'. . " . '. .; '. ~ " '-'.;'\." \ .. . -, ... ;-:'~.~·?"~" .. ~,,.l;;· :.,<'::'"/~ "f:~ .. i ·· .. ·~ •. i<: .. ,; ..... : ,:fi!Td:> (CITY: nAfiAGER~ "~.: . '. .' " ' .. ' . ;'. /: ' '., ",:::,'.' '.,) .. / .' .' "}>~:~':~'~'!*' ';':~"" .f', ... ~.:.~.~!/~.: -;' )"' .... ''-... :.,.: .... , ;',. J:' ';,:,~,:, .. :'.. .' <'::':'~('.: 'J: ,.:~~ .. ;;" }':'fR~' .~r~:tfi.(; .. En!rme~r ':. ,!",;,;" ,"' .. ,..,.>.;"" "'i, ',;~';: .~,.. • r .' ':'.f' ... : ~\ :;:,,.;:.: ,:". . : '::~~{: :"~ffi~R{~;'O~';i'o~~~l-';ILLi~ER' ~£G11Rtii~s·~Frv~.:·c~d~~$,:;:t!6;~i)J;~a; ,ON:·~Z~&~:::,;'.·::·t::. ?';.:>:: D~I.v~<.;:'. -'-:,<': "", . ~. .L.,:\.::,::;;,:,).,·?,';-::"2.:;~':./,:: .. :·\~t~~;:?\~:"::':'~' .. ;,~.~ ' .. ~:, . ". .". ;' :" . ..". .":',' . ." ,:'. -:."> ::::~ :?".::;' ... :',:.: -.::' ':.' :-;':~,':7 :, :',';:': <: i, >-:.; ',: ., :...;::' >.'~e .l]~ve· . ..,,:vfp.,,.,ed the ·~uilject.:.~c)~n!J.l~rrit·~and::de.termr~!¥fthat. Five':.'; >";'<,." ~.::. r.mwnc: has:not been issued any pennisslon to.}.:'create,BW ~'1oadlRg zone: Oil': . ",.; .. ,.,',' 'Dr1ve~~::~ .. :;,,\::: :,",.' .' ..... ' ... :.':'\':':~"";>~''-.:::'','.' .~~ ...... ::~.".:,::, .. :;.,\,.'::' .;,.-;. '. Hhether' or:, not' the Community D.evi:!lcp;itent···Qepart!ilQnt h!ls granted any , , ~sion to tilk~acCQS5to !lazel Dl~ive iShotkoo\m> By separate mc!tIOS . :i"~' :~~;0V:~'()S; tl1il~' 'lIn 1 oe' taken ar~: . .. .:.0'. ,; .. ':<,:, " ';".-:. ' .... J~. Polka pepijrtilent \-1111 be ,requested to enforce .the no parking:' " ":',' ,'. .:'.areas or Bazel DrivQ to ~1.irn1nata the prl~blef'!.· . . 2. Conitunity De ... e1opmen": Departrnel1t. \-/i 11 be re::ues.ted to req'Jire . ': Fire' ·C,·owns t1 U:l0 '~;1dr !,iJi"'kin,] lot cn Poppy A'It::f!ue and . ' .. close up' any access to Ba~el Drive • .... ~ ."> B 1 r. Darnell . ,.: .'.". 'tra fff c En91 ileer .. .. :'f\; ':.'·cc: James Hewi eker/' . .... ..'" " .. :' ';'.\,'. ", . ',. " Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) l:}>'::. .~'. I;:' ~t~~t: . ~t~t·:·: .. ::3;>~.:':' .. : c;:!/··· . '\' .. : ~~.:>;~.. " J~!;:.; }i;:r··· .. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT .TO: JAMES HEWICKER FROM: Traffic Engineer SUBJECT: FIVE CROWNS May 26, 1978 The attached letter indicates Five Crowns is using· Hazel Drive:· for their delivery vehicles. 1 have requested the Police Department to provide enforcement on Hazel Drive. It appears that Five Crowns has opened access to Haiel Drive· . . without City approval. All previous approvals we have discussed concluded that del ivery access would be off Poppy Avenue,· either on their site or; their parking lot. Please take the necessary actions to·eliminate this problem.: ~~.~ Bill E. Darnell . traffic Engineer Attachment BED:bcd Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) . . Newport Beach City Council Newport Beach, CalLfornia Dear Council Members: May 19,' 1978 l-lithin the past few ,qeeks, the management at the Five Crowns Restaurant on East Pacific Coast Highway in Cor- ona del Mar has cut access through their rear wall and created a truck loading area at the red curb on the west side'of Hazel Drive. This action at times interferes drastically with,the traffic flow on Hazel Drive. Large trucks stand in the main stream for extended periods while unloading. When cars are legally parked opposite, it is impossible to pass \Y'ith a vehi- cle. I don't kno'iY' if this action was done with the sanc- tion of the City Government. I have seen no Public Notices . in its regard. If it is a temporary situation, to continue only while work is being completed i.n their rear loading area. off· of Poppy, I have no quarrel, but if it is to be it perman- ent arrangement, I have serious objections. At all of the Pub- . lie l-feetings tha~ I have attended where cus tomer parking and service truck A.ccess was discussed for the Five Crowns Restau-' rant, and also Sam's Sea Food, the residents of Hazel Drive have been assured that they would not be subjected to any traf- fic problems. Thank you for your consideration. Yours truly, 'IllJ"V')}v.:l"'l \ III, "J .t.ci:·/ t. <:-t.. Norman N. Til1ner 324 Hazel Drive Corona del Mar, California Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) f~:#f:!!rJ?;'?~" ' '. :>::' ";:':,':.;"':':' ·:::·~<; .. :>,·"·;·!g~f :i: \ ~:~:-> : . ....... ..... ,. .,1· ;", ....... ~r~: ." .:' ::,(.- ··e . ,', . '" .::: 1{:"· .' ~: :'" " . " ..... .,' " ..... ," Newport Beach City Council Newport Beach, California Dear Council Members: May 19, 1978 Withi.." the past few weeks» the management at the Five Crowns Restaurant on East Pacific Coast Highway in Cor- ona del Mar has cut access through their rear wall and created a' truck loading area at the red curb on the west side of Hazel . Drive. This action at times interferes drastically with the traffic flow on Hazel Drive. Large trucks stand in the main . stream for extended periods while unloading. When cars are legally parked opposite. it is impossible to pass with a vehi- cle. .1 don't know if this action was done with the sanc- tion of the City Government. I have seen no Public Notices· . in its regard. If it is a temporary situation, to continue only while work is being completed in their rear loading area off of Poppy, I have no quarrel, but if it is to be a perman- ent· arrangement, I have serious objections. At all of the Pub- lic Meetings that I have attended where customer parking and service truck access was discussed for the Five Crowns Restau- rant, and also Sam's Sea Food, the residents of Hazel Drive have been assured that they would not be subjected to any traf- fic prob lems . Date, -.J :z -..;21 ' .. ttiNtS san llh j g M'n:;ot m 1.\::~:lg~J Pi Attotne1 ~ I" ~: c~re,;tot [~ ., .!r"-'~ :~~t:f f 1 v.l;·,U t:I ~ CC:Il,lneil":l~tI . '. '/': ' Thank you for your consideration. Yours truly, 'ilC--'t .. /H 1.<.'1,.'1' '\ Iii, r:;:l(~'l t C,l Norman N. Tillner 324 Hazel Drive Corona del Mar, California Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) PAT[: TO: FROM: SllS) E CT : . ....<;~.'.(:!'j'.'\ .' .. ,/f)!Y",;YT."'Y):'.';:'.)\ .• , ... ·::;~it&;!.:J:!S;;";'''3! ">;':'~:t:)'t . Department of: Community Development" ,.,' . '." . . . ~. .. January 10, 1978 Fil e JamesD. Hewicker, Assistant Director -Planning . .. . 'Talked to Artbur Wynn onJanuary10,'197S'. 'Informed,him,that use of:irailerco~ld bep~rmitte~,automatical1y, so long as it was restricted to u'se as'aconstruction shack and pl an storage. ,.. ' " . Director could per~it tempor~ryu~eup to 90 days for strirage and Planning Commission could permit' longer periods wi'th,a Use,.Permit. 'He 'indicate'd't'h:at','trai1'erw~~'ld'b~':lis~ed for dr~ stor:age:~nci :., :',: refri gerati on for a peri ad p,f' ,up to . 9 mo'nths, during 'construction", '. ." ," ,. ' ," ".' He indicated he would gettogeth~r with his architectand·',get .. ba~k,' ·to me. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) 1. . :.:' ., . "., : ',." '. :,:' ;..~ ,'~' • LAWRVS ASSOCIATED RESTAURANTS December 20, 1977 Mr. James D. Hewicker Assistant Director -Planning City of Newport Beach City Hall M 3300 Newport Blvd. Newport Beach, California 92660 Dear Jim: , . ~. " ," .. . "'/) -'if-"sout"'"" c'",o"",, v VI'j LAWRY'S THE PRIME RIB ! r STEAR'S FOR STEAKS THE GREAT SCOT (lOSl'ELl21 FlVECROWNS LAWRY'S CALIFORNIA CENTER It-IClilCAGO LAWRY'S THE PRIME RIB Enclosed is a plan describing the temporary use of the Five Crowns parking lot per our discussion in your office. We have abandoned any idea of using the garage and house next to the Five Crowns during the construction period. It is obvious that these areas are zoned residential and could create unnecessary problems in using them for commercial purposes. We very much need and w~uld like your permission to use the Five Crowns parking lot on a temporary basis as it is laid out in the plan. You will note that we have made provision for two six-yard dumpsters and a temporary storage structure. We certainly will screen the trash dumpsters from public view. It would appear that at most 'vI."! are going to lose four parking spaces. To co~pensate for losing these spaces, we will be removing from service our Shakespeare dining room. The Shakespeare Room is 462 square feet and seats approximately thirty peop!.e. This room will be used for storage and will not be used to seat customers during the construction period. 1 believe the closing of this dining room will offset any pressures created by the elimination of the parking spaces. I hope this plan meets with your approval and look forward to hearing from you in regard to this matter. Sincerely, a~~~£;~ David E. Stoelanan Assistant to the Gen.:ral }tanager js Enes. ..... :'.':~~:~~ " .~ , .;" ., Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ~I:t' ... -~""!('~ :Jj\) .. Y;;:":· . '. 1. •. ~, :. c . ~ ; .... '''; " " . .... .', ;.~ .... \".~ ':: .. I~n, 'r::"" ,', :: .... :. .' . ' .... :.;.; ........... ' .: ...... "';'" ,'-". ',' ... -• LAWRYS ASSOCIATED RESTAURANTS October 21, 1977 Mr. William Laycock City of Newport Beach Department of Community Development 3300 Newport Boulevard Newport Beach, California 92662 Dea~ Mr. Laycock: ' • IN SOUTHERN C'~I'ORNI" LAWRY'S THE: PRIME RIB STEAR'S FOR STEAKS MEDITERRANIA THE GREAT SCOT FIVE CROW.NS CASEY'S IN NORTHERN CALIFORNIA THE BEN JONSON Re: Five Crowns Kitchen Remodeling As a follo\1 up to our telephone conversation the other day and to make sure I completely understand the implications related to our remodeling capability, I would ask you to verify that the following is essentially correct: 1. The Five Crowns received from the Planning Commission, City of Uewport Beach, Use Penuit No. 1822, ~1arch 3, 1977, to which I understand we may add 21 additional days to afford our neighbors an appeal period. The 21 days plus March 3 bring us now up to Mart'!h 24, 1977. 2. Additionally, we filed with the South Coast Regional Commission on July 1, 1977 for a Development Permit which was granted to us on August 25, 1977, and took 45 days for processing. I have now added the 45 days to March 24, 1977, and have arrived at a date of May 9, 1977. 3. You have advised that the Use Permit is valid for a period of 18 months. Therefore, adding the 18 months to Hay 9 will bring us to November 9, 1978. In order to avail ourselves of the Newport Beach Use Permit we must commence construction no later than November 9s1978. If all of the above are accurate and corrects I would appreciate hearing from you to that effect. ~e;t;) ~~~<.v~ . Arthur Wynne S~nior Vice President js Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) .:.:: .. March 21, 1 CJ77 1*. William Laycock City of Newport Beach Department of Community Development 3300 Newport Boulevard Newport Beach, California 92662 Gentlemen: I \ I '/ .: " ( '\ I < \ I (' ,1 l \ I j t II,' (.",li.'.1 ,\,,111. Van-Frank Investments, Inc., is the owner of the land and buidling on which The Five Crowns Restaurant is located -Lots 1, 2 and 3, Block A, of Tract 673. . Van-Frank Investments, Inc., also owns the off-street potking lot :"Lots, 2, 3, 4 and 5, Block BB of Tract 323. The purpose of this letter is to advise you that all the properties listed above have been leased to The Five Crowns as a unit in conjunction with the restaurant IS operations of The Five Crowns. Please advise if we can be of further service. Very truly yours, VAN-FRANK INVESTMENTS, INC. cc: Arthur Wynne -The Five Crowns RF:;fh 5e8 E , ~\.'t .' . ~ ........ . '.!: Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) • ':': ;;-.;,-: ;:-'!> .:.;::_ ;':;.':~ :.';: 1~;1;::!f-':':. ')":'~{~:~~~:{~:~"y:~~,o: .. :~":: c.'.: ... ;:~ .. c:.\:;>:: '.: :::;~":~;;:;~~:'<:I ;~:.~~~ .' :.". .' ~;... 'M~¥.Y " IN SOUn1tIlN CALlfO!!Nt" . " :~1 LAWRY'S THE PRIME RIB '"i? LAWRYS ASSOCIATED RESTAURANTS" February 7 l' 1977 Mr. William Laycock City of Newport Beach Deportment .of Community Deve lopment 3300 Newport Boulevord Newport Beach I California STEAR'S FOR STEAKS MEOITERRANIA . Tl\E GREAT SCOT FIVE CROWNS CASEY'S IN NORTt1!AN CALlfO~NtA THE BEN JON"C;ON Re; Five Crowns -3801 East Coast HiShway, Corona del Mar, Californio Dear Mr. Laycock: As an addendum to the letter which I left with you last Friday relative to the Application for Us~ Permit, please be advised of the following: 1. The restaurant serves dinner seven nights a week" with food service starting at 5:00 p.m. and closing at 11:00 p.m. during the week, and closing at 12:00 a.m. on Fridays and Saturdays. 2.. Cocktails are served until 1:00 a.m. during the week and until 2:00 a.m. on Fridays and Saturdays. 3. Brunch is served on Sundays only from 10:30 a.m. until 3:00 p.m. 4.. At the hei9ht of the evening {araund 7:30 or 8:00 p.m. on an averQge day} we wiU have on staff twenty-saven people. Hopefully, this information completes your requirements so that the Application can be processed as soon as possible. --.-.-.. Since~r, '-" ~ -."~" .... ' . . rrf"t./l../;;J< Gt/i:l' ':/" ~:_ ... Arthur Wynne " Senior Vice President lUI 8 SAN .,:', ';. ", : ..... ..:... ":': .. : .;, . ". Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) " ~ ',': :"; .. ' '. : .:: .,,, , ", , ,LAWRYS ASSOCIATED RESTAURANTS February 4, 1977 Ci ty of Newport Beach , Department of Community " Development 3300 Newport Bou levard Newport Beach, CaHfornia IN soutHERN CALIrORNIA ' LAWRY'S THE PR1ME RIB STEAR'S FOR STEAKS MEDITERRANIA THE GREAT SCOT FtvE CROWNS CASEY'S IN NORTl1fRN CIoUfOIlNIA THE BEN JONSON . Re: Five Crowns -3801 East Coast Highway, Corona de) Mar, California . Gentlemen: . 'The Five Crowns restaurant has been in operation on this site since 1965 and , intends to conti nue to do so for years to come. Thi s venture has been successfu I, and we would want this success to remain so. Undoubtedly, our ability to prepare and serve fine food at this restaurant W:'JS a factor in achieving this success which , is now threatened by inadequate and tired facilities. ' Currently, our kitchen, storage end suppJy areas are under abnormal pressure to , accommodate the needs of our customers. It is our plan to add to, as well as remodel, these areas, install more modem fixtures, facilities and equipment, >~. enlarge storoge end work areas, and encfose the rubbish orea. ·AII of the work will be at the back of the house. We are not planning any dining room remodeling, and we are ~ adding to our seating capacity. We ask for your thoughtful consideration of our request for the issuance of a Use , Permit which will oHow us to proceed with our planning. S~~ L~., , (fl~l.Lll) £~~t1i~{,f.. .. <.:...- , Arthur Wynne (/ Senior Vice President Five Crowns aas wAN ~ ;' Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) .: ,',' ' •. '-.~ . ( TRAFFIC ENG1NEEl1 '(3 ti G :r-r'i'121n CONSULTANTS. e·"· n""" ..-.r. ...-. ...... O""i, ;'. S -0 ..... :"".:\ ..... -\.-r:~ '"' I\j~ r. .m'.;::u r~~ ~u r:. ~ '-"~~.:.<..::.!~. ~~ ~·v. 4~.~.2 1..\"~?lJS OH1VE. SUITE E·G N(\'J?OnT I3:ACU. CALIF. Sl.:iGO HlHMArI Y.IM:.:"I., H. VlH.t.IAM OICKS(I;-.j November 19. 1976 Willis K. H~~t:c:h~son Architect & Associates 5338 Fountai.'" Avenue ,Los Angeles, California 9002.9 Traffic: Analysis (Truck Turns) Five Crowns Restaurant ' Newport: Bca~h! Califo!"l1ia Gentlemen: OO[g@ rn U-W-llifID NOV' 2 31975 , WIlliS KtJUTJC:S.'\C'~>' .. n u~ ......... l." ARCrHTECr ANi) ASSOChWes Pursuant to your comnlj.ssion, we llClVC condl~ctcd an analysis or truck. tUl'ning capability with regard to modifications of the service entrance to Five Crowns Restaurant. The attached exhibit shows possible nlOves of: a truck entering the proposr.d service drive at the rear of the restaurant off Poppy Street. A truck turll . template used to determine these paths provides turning radii for a 35 foot long truck. ,This 35 foot truck 'Would show a worse conditio:n thoit a bob-tail 35 foot scnrl-tractor/trailcr combination. Bnsed on thcae exall~ples. and considering tlle greater fle,xibility of the articulated unit, it is our opinion that" no major problems will be experienced. Some slight l'l'lodif'ication to the parking facility and sen-ice entranc:~ access would assure greater ease of access, as cc:.n be seen in the exhibit. It is our conclusion that a 351 611 tractor-trailer unit "/ould have no problcln in making deliveries without encroac1unent into fhe residential area southerly ot: tile restaurant, if modifications shown are accomplished. Therefore, it is reconln1.ended that the parking lot: acccss and SC1,,';'ce entrance be modifie~l to accommodate turn pat.h~ shown. TJlis 'Would 2,SSUrf'! that nlost com:no:ll;; used delivery trucks could utilize the servicc area.. A meeting was held with M~. DaX'nell, Newport Beach Traffic Engineer • . };Jc indicated that the plan would be acceptl.lhlc to him if :modiCications arc m:l.dc as shown. If you should llavc any quostions or desire further information, plcaaC! contact us. ... , ..... '". Sincerely yours, HERMAN KIMMEL ~ .. -hSSOC., L"{C. 1/ /)J~t{u----9;t.d:..r_ H. Wilti:l.l\1. Dicl~son, p. E. TraHic Engincer . Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ," , ,', , ~.' : '; ,': ~::~ ,:~, "<,,~~: r· :~':.\~':~-.,': ...... ',:: ','" . ,"' .. .. ,'t.··· NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City" of Ne~port Beach will hold a public hearing on the application of The Five Crowns Restaurant for a 0 Variance -------Ii] Use Permit_l.L.loBol.io2 ..... 2 ____ _ [J Resubdivision __ ----__ _ o Tentative Map Tract _____ _ on pro per ty 1 0 ca te d a t_~3Uoj8Uoo1Q""'1_E ..... ....lCIoUQ"""a .... s~t.....uH.u.w.J-y ..... a-....... C ... Qr..&.r~o.u.:n a~d .... e .... '~M .... a .... r __ to:p:e:nrd:t remodel and enlarge the existing kitchen, storage and supply "a reas of the Fi ve Crowns Restaurant fac 11 i ty in the C-l District. The proposed develo~ment also incl~des the construction " " of a" roofed trash enclosure that encroaches to the rear property line" (where the Ordinance requires a 5 f~ot rear yard setback when the rear of a C-l lot abuts on a Residential District). Notice is hereby further given that said public hearing will be held on the 3rd day of March 19 77 it at the hour of ___ 7~:_O~O _____ "P.M. in the Council Chambers of the Newport Beach City Hall, at Which time and place any and all persons interested may appear and be heard thereon. PUBLICATION DATE: Received for Pub. WILLIAM AGEE, Secretary Planning Commission City of Newport Beacn By" ------ 1 ing fee" , . " Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) r~~:~~~t.:: ;,: ," 'l~'·:,:: ' :'" "'to' ,-.... , .... , ........ "' .... ,,#" t ... . <Walter 1-1. R8¥B ',: 332 Poppy Ave .. , Corona del !-Iar. CA 92625 :,." 052-181-17 .. '''~' ................... I' •• ~I : ~brlon H. \~il1son "36 PoPPY' Ave. 'Corona del IJ;ar, CA 92625 : , 052-181-18 .~ .. , .................. ""...... r""'. , Bruee Chandler 341 Hazel Dr .. Corona del Mar, CA 92625 , 052-181-19 , 'Van Frank Investment Co. " ;68 San Fernando Rd. ;, ' !os Angeles, CA 90065 I' (cJ:kJ. ~ 1P"~, \: ' 052-181-20 (J ,. •. .t ••••••••• , •• ~ ..... ~ ... ~~ ".' ~ t Van Fran!( Restaurants Inc. t 569 San Fernando Rd. r Los Angeles t CA 9006; I I 052-191-21 052-162-02 .... ' ............. t .... 01'" f •• I, Arlene B. Clark ; " 324 Poppy A.ve. !' Corona del !1m-, CA 92625 I I, C'52-1S1-32 1 :' 4' ...... 4···· ....... (.tlc.~C· .. ~· ", :' Grace J. Diliberto I' 323 Poppy Ave. r i.' Corona del V.ar, CA. 92625 ~' i 052-1S1-33 l. , ..................... ".\", .. . ,4 . Norman N.. T1JJ.ner 324 Razel Dr. C, "Ona del V.ar. C1 92625 f i, 05~ , ~-22 & 31 I' ._ ... ••••• •• •• •• 4 •• " ..... ~· .. · :t Kat.herine S. F::f.ncb t ,344 Hazel Dr. ':' Corona del ~m-, CA 92625 :1' :. 052-182-25 & 39 ;. I. : '" ..... ' •••• t... . .. ' Robert J. Cooper 332 lb2el Dr. Corona del. Mar, CA 9262S, 0;2-182-35 Al.ice B. He1J.is. et. al. 32S Hazel Dr. ,Corona del. !-far t CA 92625 052-182-36 El.eanor E. Edwards 255 Evenin~ Canyon Rd. , Corona del. !-!3r t C1 92625 052-191-14 , J. L. Rannow 261 Evening Canyon' Rd. Corona del. Nar, CA 92625" , 052-191-15 RObert W'. Scholler , 265 'Evening CaI\V'On Rd. 'Corona del l-~, CA 92625 052-191-16 Mar.r L. Fltz -411 Ha~~ Dr. " ...... ~. Corona del. ~.art CA. 92625' 051-3ll-0,3 ~e H. ZUleh 1.16 Poppy Ave. Corona de~ lm-, C.l.9262; R. Ceeilia weste~ c/o Charles \,. Vaters' P. O. Box 116 Corona del liar; CJ. 9262~ 051-3ll-17 &: 18 Delores D. GalJ.o , 462 Seaward Pod. Corona del liar, C192625 0S1~;12-02 James 'D. 'Ray lSS E. 'l7tb st.. Costa J.tesn, CA 9262"(" 051-312-39 Albert E. Stockton' 286 Evenin~ Canyon Rd.· Corona del 1·::U-, CA. 92625 051-312-1,.0 tJniOn on C~SlJy' at Cal.i.C.; Property Tax Division- P. o. Box 7600 Los Angeles J CA 90051. ' 051~312-49 & 50 ~reeith, A. Harwood 41L. POinsettia Ave. ,Corona del ~rar, CA 9262S~ 051-291-Q5· .... ' ..... , ,v. Jan,troman '. 410 Poinsett.ia A.ve. . Corr.ma del l·mo, CA, 9262S-.' Barry' V.' ~SClll 1955 Aliso Ave. .. Co:sta l'.esa, CA 926zrr -, 051-291-07 James G. 'Gallagher, 310 llarcissus Ave. Corona del !I.ar, CA' 9262S' 051-291-11 Earl M. Brady' P. O. Box;04 Corona del ~far, CA 92625 051-291-12 &:22 D. ,Bartell Jacobsen· 1S71 Port rlheeler Pl. 'HewJ)ort . Beach. CA 92660 051-291-13 . . Grace M. Krap! .. , 413 Poppy Ave. . ' "Corona del Uar, c,\ 9262~ . ~rl ' Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) .. .. _~ __ • _ • f , , ............... t _ '.- .' Clarice C. Cnrls '.411t Poppy Ave. ·:.Corona del Hu", CA 92625 .: 051-291-24 .". -t. 41 •••••••••••• ,e' ••. -.. :"l~ F. Inc,. : P. o. Box 261 .Corono. del Mar, CA 92625 \ 052-161-01. •• : ~ ••••••••••••••• ~~Cf •• ·' >'Roberli C. l!iller . 330 Poinsettia Ave. ~:: .CoDOIla del ~!ar I CA. 92625 .• 0.52-161-02 •••••••••••••• " ... 1"'",. :,,:.. ..:, . Spenc~r Crump P. o. Box 39 . Corona del f.!art CA 92625 ........ , .......... tr.4,· C.ttf'II .. • •.•. : . Louis A. Arcnngelo .324 Poinsettia Ave. <; Corona del l'1ar, CA 92625 . 052-161...()4 •••••••••••••••••• '.4 '. El.izabeth F. Paulin . :j22 Poinsettia Avo. ,.Corona del Mor, CA 92625 : , 052-161-05 ............................. ,., ... ~ •• If, : ,V.a.rinn Evans ·:·320 Poinsettia Ave. ,Corona del l-tar, C1 92625 :':. 052-161-06 ••••••••••••••••••••••• 'I'·.~. ':::: JOM F. Grahnm ~> 31S Poinsottia Ave. ':".:' Corona del 1-tar. C1 92625 :: .052-161-07 .; ............... * ........ \ . . ~,.: .. 'John H. Robinson :; '.'. ,316 Poinsettia Ave. F':~:~Orcna del· I-mo, CA. 92625 /:.," 0.52-161..()8 L' ~ ..... , .•...•..•....•... ,. ;:;.:. Don3ld S. Clark ,<:~'1066 Son fusqual St., Apt. 111 :~ .... Pasadena, CA 91106 '. " ~;. , :: .. teo J.Fracolo91 317 Poppy Ave. . Corona del Hllr, OA 92625. . ' , 052~161-19 Benjamin J. LillegraVen 321 Poppy Ave. Corona del 1m, CA 92625 052-161-20 . Betty GiannW 323 Poppy Ave. Corona del lmr, CA 92625 . 052-161-21 Dorothy K. Phillips , 222 POppy Ave. Corona del J.1ar, CA,92625 052-161-22 Rot;er F. ).!arin , 327' Poppy Ave. : .... Coron.." del ~art 04\ 92625 052-161-23 E1ma ,M. Proctor 331 Po'Pl'Y Ave. Corona. del }.~, CA 92625 052-161-24- Evelyn C. Richter 3.33 Poppy AVQ. Corona del l-ar, CA 92625 052-161-25 Joanne H~ Wothey 642 Calle de loa Amigos Santa Barbara, CA. 93105 052-162-01 .' • ... • I • . ..... f· .... .. ., Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) "";:~~;. ~~.i~J::~n::¥.~gZ~~;~~~g~~l~f:~~fl~:t~i;;:~..e~t~o~~;~~'Ij\';?;'~ ..• " :',If talned herein, please contact the Company for further infonnation as to the 811ailabilityand cost~ . .. 'nne iNSURANce AND TRUST . Plant Service . Information Guarantee . Title Insurance and Trust Company P 5022 CORREX;TED R.EPOR'r lJabilily $ 100.00 .... :".,":' . : . . .. . : . . . :., : ..... ::.!' ~~:~::': .> n California corporation. does hereby guarantee • Philip lbntamble 557 North Pine Orange, Cali.1"ornia Fee $ BIttED ID!IJliiR PSoas Ref VARIANCE REFOIi1! who, by requesting this limited guarantee agreestbat. the liability of the company hereunder· shall not exceed the liabUity herein stated and shall be limited to aclualloss if less than said amount. that, as appears £rom an examination of its lot books or· property indices, inform:ltionas to the matters herein specified per- taining to land herem descri~ is as follows: . . Nameo!' owners,· addresses and Assessors Parcel Nos. of' properly located within a 300 foot radius of' Assessors Parcel Nos. 052-181-31 are attached •. . nu •. Inlurance and Trust Company.·. SECUTAllY . .. 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I -2>1 -e;b Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) 1 - , ·i IZZ e \ I 1'1 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) n~ , "-. ~ ~ , 11 r ~ I ~ --- Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ~ -, 1 -, 1 I ., i '~~~J~~~~~i:~~~~~~~~1C:J~~------~----~~~--~-==c,,1 , , , 1..:--__ Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) 'j Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) I i I. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ; .. ~ Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) I I II II Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 www.newportbeachca.gov COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY TEMPORARY USE PERMIT ACTION Subject: Five Crowns ETUP and ECDP (PA2020-227) Emergency Temporary Use Permit No. UP2020-128 Emergency Coastal Development Permit No. CD2020-110 Site Location 3801 East Coast Highway and APN 052-162-02 Applicant Rose Stone for Five Crowns Property Owner FPV II Partnership On August 26, 2020, the Community Development Director approved Emergency Temporary Use Permit No. UP2020-128 and Emergency Coastal Development Permit No. CD2020-110. This approval is based on the following findings and subject to the following conditions. I. SUMMARY OF PROPOSED OPERATION An emergency temporary use permit and emergency coastal development permit to allow 1. An expanded 1,350-square-foot outdoor dining patio within the an existing covered patio and garden area on-site. 2. Curbside pick-up operations within the off-site parking lot located at APN 052-162- 02 southwest of Poppy Avenue and East Coast Highway. 3. Three 30-sq.ft. banners advertising modified operations for a maximum 60-day duration. One banner is located along East Coast Highway in front of the restaurant, one banner is located along Poppy Avenue in front of the restaurant, and the third banner is located within the off-site parking lot advertising curbside pick-up. 4. One 6-square-foot A-frame sign located within the right-of-way along Poppy Avenue in front of Five Crowns. II. CEQA DETERMINATION The proposed operation is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an emergency), Section 15301 Class 1 (Existing Facilities), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15269 allows specific actions necessary to prevent or mitigate an emergency. The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns ETUP and ECDP (PA2020-227) August 26, 2020 Page 2 Tmplt: 05/22/2020 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 project includes a 1,350-square-foot outdoor dining patio area expansion to an existing restaurant and is within the parameters noted for these exemptions and will not have a significant effect on the environment. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions. III. EMERGENCY TEMPORARY USE PERMIT FINDINGS In this case, the Community Development Director has found that the temporary use would not create a hazard to the health, safety, or welfare of the community for the following reasons: 1. The operation authorized by this Emergency Temporary Use Permit and Emergency Coastal Development Permit is temporary and only valid during the emergency order established by Emergency Ordinance No. 2020-005. 2. The project, implementation of all conditions of approval, will be operated safely thereby helping reduce the spread of COVID-19. The proposed operation is necessary to provide adequate space to allow for appropriate social distancing. 3. 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. 4. The proposed operation has been reviewed by and is acceptable to the Building Division, Fire & Life Safety Division, and the Public Works Department. Conditions of Approval are included to help ensure this operation is not detrimental; 5. The proposed operation does not constitute an increase in the overall occupant load beyond what the existing Use Permit and/or Certificate of Occupancy allow; 6. An adequate supply of parking is available to serve the subject business and surrounding uses. 7. The proposed operation does not extend any hours of operation beyond those currently permitted by Use Permit No. UP1078 and UP1822 (no hour of operation limitations). 8. The permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns ETUP and ECDP (PA2020-227) August 26, 2020 Page 3 Tmplt: 05/22/2020 9. The overall plan includes appropriate delineation of outdoor use spaces with temporary physical barriers or markers. 10. The proposed operation is conditioned to be accessible to all persons, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA). EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS 1. The COVID-19 global pandemic has created a National, State and Local emergency that is more fully described in Emergency Ordinance No. 2020-005. The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal Code (NBMC) Section 21.52.025 because immediate action is necessary to allow commercial business and institutional uses to re-open consistent with State and local public health guidelines designed to reduce the spread of COVID-19. If immediate action is not taken to properly regulate the re-opening of commercial business and institutional uses, the spread of COVID-19 will likely be more severe thereby exacerbating the existing public health emergency. 2. Development authorized is temporary and will only be in place during the described emergency consistent with Emergency Ordinance No. 2020-005. All development authorized by this permit must be removed after the state of emergency is lifted. 3. 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 public to once again visit the coastal areas. 4. Development authorized is not located in an area in which the California Coastal Commission retains direct permit review authority. IV. CONDITIONS OF APPROVAL 1. Only that specifically described above and depicted in the attached site plan is authorized, subject to the conditions set forth below. Any additional changes require separate review and may necessitate separate authorization from the Director. The expanded dining area shall be in substantial conformance with the site plan and seating layout provided in Attachment No. CD 4. 2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions and any restrictions set forth in an applicable discretionary permit regulating uses, nonconforming uses, development standards, parking and permit procedures that regulate the use and development of private or public property operations are suspended only to the extent that these provisions or restrictions set forth in a discretionary permit conflict with the terms of this Emergency Temporary Use Permit. 3. If the proposed operation is using any portion of the public right-of-way, the Applicant shall obtain and maintain liability insurance for not less than $1,000,000 per Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns ETUP and ECDP (PA2020-227) August 26, 2020 Page 4 Tmplt: 05/22/2020 Manager. All liability insurance policies shall specifically include the City, the City Council, its employees, and agents as additional insureds and shall be issued by an agent or representative of an insurance company licensed to do business in the State of California, which has one of the three highest or best ratings from the Alfred M. Best company. All insurance policies shall contain an endorsement obligating the insurance company to furnish the Community Development Director with at least thirty (30) days written notice in advance of the cancellation of the policy. 4. The expanded outdoor dining patio shall not exceed 1,350 square feet. 5. Banners and A-frames signs shall be posted for a maximum of 60 days (through October 25, 2020). 6. The existing allowed hours of operation of the establishment shall not be extended. The hours of operation of the area modified as part of this Emergency Temporary Use Permit shall not extend beyond 9 p.m. 7. The use of amplified sound within the temporary area shall be prohibited. 8. All dining tables shall be separated from other dining tables and/or waiting areas by a minimum distance of seven (7) feet to ensure proper social distancing is maintained. 9. The Applicant shall install and maintain a physical barrier (block walls) between any area used and adjacent pedestrian walkways. 10. 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. 11. The sale of alcohol to patrons that dine within the restaurant or expanded outdoor patios shall be prohibited. 12. The establishment shall abide by all applicable Orange County Health Care Agency requirements. 13. Establishments that provide food service, shall abide by the COVID-19 Industry Guidance: Dine-In Restaurants provided by the California Department of Public Health and Department of Industrial Health. 14. The permittee shall provide adequate trash receptacles within the permitted patio shall and the operator shall provide for periodic and appropriate removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns ETUP and ECDP (PA2020-227) August 26, 2020 Page 5 Tmplt: 05/22/2020 Building 15. Any areas used for temporary commercial or institutional use shall be accessible to disabled persons. a. An accessible path to all functional areas 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 on-site parking is provided. d. 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. 16. Provide not less than 5 percent accessible seating at tables and counters with knee clearance of at least 27 inches high, 30 inches wide, and 19 inches deep. 17. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above the finish floor. 18. All exiting paths shall be a minimum 36 inches free and clear. All public walks and sidewalks shall be a minimum 48 inches free and clear. Fire 19. Fire lane(s) shall be identified on the plan. 20. Parking, displays, seating or other obstacles that interfere with emergency vehicles and personnel shall not be permitted in fire lanes. 21. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided that the driver remains inside the vehicle and the vehicle is ready to move immediately upon orders from emergency personnel. 22. All Fire Department devices (fire hydrants, fire department connections, water valves, etc.) shall have a three-foot clearance in all directions. 23. Fire Department devices shall not be covered, blocked or otherwise hidden from plain view. 24. 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. Public Works 25. The Applicant shall install and maintain a substantial physical barrier between any area used and adjacent to any street, driveway or parking area. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns ETUP and ECDP (PA2020-227) August 26, 2020 Page 6 Tmplt: 05/22/2020 26. There shall be a minimum of 5 feet of space around all overhead facilities, such as poles, and 15 feet of space around all underground facilities, such as vault lids, manholes, vent pipes, pad-mounted transformers, etc. 27. Seating or be prohibited. 28. Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc. 29. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples provided in Attachment No. CD 3. 30. The Community Development Director or designee may inspect the modified area at any time during normal business hours. 31. The Community Development Director may immediately revoke this permit if the Director determines that there has been a violation of any condition of approval. Any revocation of an Emergency Temporary Use permit shall be deemed effective upon the posting of a notice of revocation at the site of the business granted the emergency temporary permit. 32. The Community Development Director may modify this Emergency Temporary Use Permit. The Director shall notify the applicant of any proposed modification and a decision to modify this permit shall be deemed effective upon the posting of a notice of modification at the site of the business granted the emergency temporary use permit 33. This temporary authorization shall expire fourteen (14) days after the emergency order established by Emergency Ordinance No. 2020-005 is terminated or repealed, or 60 days from the date of authorization, whichever is sooner. The Director may extend this approval for an additional 60 days for good cause. 34. Upon termination or repeal of Emergency Ordinance No. 2020-005, the Applicant shall immediately work to remove the temporary improvements in a timely manner and shall restore the expanded area back to its original use and improvements. 35. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner r this Emergency Temporary Use Permit and Coastal Development Permit for Five Crowns Restaurant. This indemnification shall include, but not be limited to, Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Five Crowns ETUP and ECDP (PA2020-227) August 26, 2020 Page 7 Tmplt: 05/22/2020 damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. V. APPEAL This decision may be appealed by the applicant/permittee to the City Manager by notifying the City Manager of the appeal within three (3) calendar days of the decision. The City Manager shall have authority to sustain, reverse or modify the decision of the Community Development Director and the City Manager's decision shall be final. On behalf of Seimone Jurjis, Community Development Director. Makana Nova, Senior Planner Attachments: CD 1 Filed Application CD 2 Written Description CD 3 SCE Project Decals CD 4 Site Plan Layout Applicant and Permit Recipient Acknowledgement and Agreement I hereby acknowledge that I have received a copy of this permit and that I have read and understand the permit and all conditions. I hereby agree to operate the authorized use consistent with this permit including the project description, approved site plan diagram, findings, and conditions of approval. This is an approved and executed permit and it constitutes a contract between the City and Permittee for all purposes. Insert applicant name and title Signature Date Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Attachment No. CD 1 Filed Application Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) PA2020-227 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Attachment No. CD 2 Written Description Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) PA2020-227 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) PA2020-227 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) From: Rose Stone <RStone@Lawrysonline.com> Sent: Saturday, August 8, 2020 2:53 PM To: Nova, Makana Cc: Jojo Gapud; Michael Yager Subject: RE: Five Crowns-CdM Attachments: Five Crowns A frame sign Poppy & PCH.jpg; Five Crowns Crubside Pickup banner.jpg; Five Crowns Patio & Garden Banner.jpg; Five Crowns Valet booth Baner.jpg; FC GH Glass windo panels to be removed.jpg; FC GH glass panels to be removed for open air.jpg; FC Green House open flow to patio and garden.jpg; FC Green House glass panels to be removed.jpg; FC Green House glass panels to be removed with notes.jpg Follow Up Flag: Follow up Flag Status: Flagged [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Makana, you requested as well as information needed. Please feel free to call me if you have more questions. Dimensions of the garden area for expanded dining = 690 Square Feet Dimensions of the Patio area for expanded dining = 660 Square Feet Total Patio/garden= 1350 Square feet Dimensions of the existing canopy cover = 627 Square Feet Photos of the proposed banners to confirm their size (dimensions) and location building front entrance PCH facing) ( On building front entrance PCH facing) Banner wraps around edge A framed sign posted PCH Corner ( removed when not open) Photos of the greenhouse area and existing dining room where expanded dining is requested Greenhouse area 781.75 Square Feet Amount of windows in green house to be removed 96.75 Square feet Rose Stone Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Attachment No. CD 3 SCE Clearance Decals Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) SOUTHERN CALIFORNIA EDISON TRANSMISSION AND DISTRIBUTION BUSINESS UNIT Approved Decals June 8, 2020 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) D54 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Attachment No. CD 4 Site Plan Layout Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) PA 2 0 2 0 - 2 2 7 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) I I II II Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) CITY OF NEWPORT BEACH CODE CASE ACTIVITY REPORT (I23-1914) Address:07/06/2023Closed Date:ClosedStatus: 06/18/2023Opened Date:Jonathan MunozAssigned ToCode EnforcementCase Type: 3801 COAST HWY E Five crowns : having a wedding with loud music.Description: Activity Date Created By Activity Type CommentsActivity Name site visit conducted by officer Aydee1st EnforcementJonathan Munoz06/18/2023 Site InvestigationJonathan Munoz06/18/2023 Issue CitationJonathan Munoz06/18/2023 Arrived at 5 crowns parking lot approximately at 9:29 pm and I couldn't hear much noise from there, I called RP and he stated that the noise was coming from the back patio located on Hazel Dr so I went around and parked city vehicle on the back patio on Hazel Dr and the noise was exceeding the DCB level. FIRST SOUND READING COMPLETED AT 9:54 PM, 60.6-68.2 DCB METER SET UP ON THE SIDEWALK OUTSIDE OF . 2ND SOUND READING COMPLETED AT 9:57 PM, 62.7-72.2 DCB. Site InvestigationAydee Inzunza06/18/2023 I was in communication w/RP and I advised him of the violation.Phone CallAydee Inzunza06/18/2023 FIRST SOUND READING COMPLETED AT 9:10 PM, 60.3-66. DCB METER SET UP ON THE SIDEWALK OUTSIDE OF . 2ND SOUND READING COMPLETED AT 9:12 PM, 62.9-70.5 DCB. I went down on Hazel and I was still able to hear the noise. Site InvestigationAydee Inzunza06/24/2023 RYAN WILSON - returned call, left voicemailPhone CallJonathan Munoz06/27/2023 spoke with ryan wilson Phone CallJonathan Munoz07/06/2023 citation was issued for noise violation.Closeout Documentation Jonathan Munoz07/06/2023 Page 1 of 107/24/2024 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT Code & Water Quality Enforcement 100 Civic Center Drive, Newport Beach, CA 92660 949-644-3215 FIVE CROWNS 3801 E COAST HWY CORONA DEL MAR, CA 92625 Name of Owner or Business: Citation Date: 06/17/2023 Time: 9:33PM Case #: I23-1914 Citation #: I231914A An inspection of the premises located at 3801 COAST HWY E in the City of Newport Beach, on Saturday, June 17, 2023 revealed a violation(s) of the Newport Beach Municipal Code. CITATION - $200 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. NEWPORT BEACH MUNICIPAL CODE SECTION(S) / DESCRIPTIONS OF VIOLATION(S): 1) MC 10.28.007, LOUD AND UNREASONABLE NOISE PROHIBITED THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON Saturday, June 17, 2023, AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S): CORRECTION(S) REQUIRED: 1) IT IS UNLAWFUL FOR ANY PERSON OR PROPERTY OWNER TO MAKE, CONTINUE, CAUSE OR ALLOW TO BE MADE ANY LOUD, UNREASONABLE, UNUSUAL, PENETRATING OR BOISTEROUS NOISE, DISTURBANCE OR COMMOTION WHICH ANNOYS, DISTURBS, INJURES OR ENDANGERS THE COMFORT, REPOSE, HEALTH, PEACE AND QUIET WITHIN THE LIMITS OF THE CITY. PLEASE DO NOT ALLOW ANY LOUD & UNREASONABLE NOISE TO OCCUR. -THANK YOU THIS VIOLATION MUST BE CORRECTED ON OR BEFORE Saturday, June 17, 2023. If the violation is not corrected by Saturday, June 17, 2023, additional enforcement actions such as administrative citations, administrative penalties, criminal prosecution and/or civil injunction may be utilized to correct this violation(s). RECEIPT ACKNOWLEDGED BY OR MAILED TO: FIVE CROWNS on June 18, 2023. NAME OF OFFICER: Jonathan Munoz OFFICER ID #: 3220 SIGNATURE OF OFFICER: Jonathan Munoz Printed: 6/18/23 Page 1 of 2 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) IMPORTANT - READ CAREFULLY LEGAL REQUIREMENTS Administrative Citation Newport Beach Municipal Code Section 1.05.020 provides for the issuance of administrative citations for Municipal Code violations. For violations that are designated infractions, the fines are $100 for the first citation, $200 for the second citation and $500 for the third and subsequent citations for violations of the same ordinance within one year. For those violations occuring within a Safety Enhancement Zone, the fines for citations are $300, $600, and $1000 respectively. For Violations that are not designated infractions, the fines are $200 for the first citation, $300 for the second citation and $600 for the third and subsequent citations for violations of the same ordinance within one year. For those violations occuring within a Safety Enchancement Zone, the fines for citations are $400, $700, and $1000 respectively. For certain violations specified in l.05.020(F) NBMC, the fines for citations are $1000, $2000, and $3000 respectively. Fines are cumulative and citations may be issued each day the violation exists. A warning, if issued, does not incur a fine and, therefore, may not be appealed. Rights of Appeal You have the right to appeal this administrative citation within twenty-one (21) days from the date of service of the citation together with an advanced deposit of the fine along with a Request for Hearing form, which can be obtained online at www.newportbeachca.gov. An appeal must be in writing and returned to the City's Revenue Division to the attention of "Administrative Hearing Officer." A properly filed appeal will result in an administrative hearing. If you wish to appeal an administrative citation and can demonstrate an actual financial inability to make the advance deposit of the fine, you may file a request for an advance deposit hardship waiver within fifteen (15) days from the date of service of the citation. Failure of any person to properly file a written appeal within twenty-one (21) CONSECUTIVE days from the date of service of the citation shall constitute a waiver of his or her right to an administrative hearing and adjudication of the administrative citation or any portion thereof and the total amount of the fine. How to Pay Fine The amount of the fine is indicated on the front of this administrative citation. Prior to receiving an invoice from the Administrative Citation Department, you may pay online at www.pticket.com/nbadmin, by mail at City of Newport Beach Admin Citation Processing, PO Box 3926, Tustin CA 92781-3926 or in person at 100 Civic Center Drive, Newport Beach. Payment may be made by credit card, personal check, cashier's check, or money order, payable to the City of Newport Beach. Please write the citation or account number on your check or money order. For questions regarding paying a citation, you may contact the Administrative Citation Department at: (800) 696-3996. If the citation is not paid or appealed within the statutory time, you will receive an invoice from the City's Revenue Division. Please follow the instructions on the invoice to ensure proper processing of your payment. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City of Newport Beach. Consequences of Failure to Pay the Fine The failure of any person to pay the fine assessed by the administrative citation within the time specified on the citation or on the invoice from the Revenue Division may result in a claim with the Small Claims Court or any legal remedy available to collect such money. The City has the authority to collect all costs associated with the filing of such actions. Failure to pay fine requirements may be found in Newport Beach Municipal Code Section 1.05.100. Consequences of Failure to Correct Violations There are numerous enforcement options that can be used to encourage the correction of violations. These options include, but are not limited to: administrative penalties, administrative cost recovery, abatement, criminal prosecution, civil litigation, recording the violation with the County Recorder and forfeiture of certain State tax benefits for substandard residential rental property. These options can empower the City to collect all fmes, penalties, and costs incurred; to demolish structures or make necessary repairs at the owner's expense; and to incarcerate violators. Any of these options or others may be used if the administrative citations do not achieve compliance. If you need further clarification about payment of the citation, please email the Revenue Division at revenuehelp@newportbeachca.gov. If you need further information about the violations and/or how to comply, please call the inspector designated on the front. A full description of the hearing process for the City's administrative hearings for Municipal Code violations and your rights in that process are found in Newport Beach Municipal Code Chapter 1.05. Forms\Admin Citation Notice 8/23/16 Printed: 6/18/23 Page 2 of 2 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ··U:s, Postal ServiceiM' . :. ,: CERTIFIED MAIL® RECEIPT U1 ...D rn :::r- '/'. Domestic Mail Drily : <0 OFF~C~Al ~ Certified Mail Fee r1 $ foEx~t;;:ra:;CSC'.e:;;:rv"'ic;:;e:;;-s·&"F';;:ee;:;s:-;(c::;:h=ec:;:k7bo:::x.--:a:::;dd:;-:~;::ee:-:.=s =ap=pro=p:::rt7.::.t;:;.):-I ru 0 Return Receipt (hardcopy) $ ____ _ o 0 Return Receipt (electronic) $ ____ _ o 0 Certified Mall Restricted Delivery $ ____ _ o 0 Adult Signature Required $ ____ _ o 0 Adult Signature Restricted Delivery $ rn Postage rn bn::: Five Crowns rn Total Po, 3801 E Coast Hwy ru ~ ru SentTo Corona del Mar CA 92625 ~ Siieeiii, 1231914A . .'~ USE Postmark Here PS Form 3800, April 2015 PSN 7530-02-000-9047 See Rev . " - Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) 1 Munoz, Jonathan From:Orozco, Oscar Sent:July 12, 2023 10:38 AM To:Ryan Wilson Cc:Brian Stone; Munoz, Jonathan Subject:RE: Five Crowns Garden Operations Research Follow Up Flag:Flag for follow up Flag Status:Completed Hi Ryan, Thank you for your patience on my research on the discussion of the existing code and existing use permit for Five Crowns 3801 Coast Hwy. (UP1078 & UP1822). As approved the existing use permit approved the restaurant use and does not allow for private events. In addition, the private events would have required a use permit per the zoning code in the 70s when the use permit was approved. In order for the private events to be an allowed use, you will need to amend the existing use permit. Please let me know if you have any questions or would like to discuss the process for amending the use permit. I am more than happy to help. As a reminder, please work with code Enforcement to address the noise related code enforcement notice letter you’ve received. Regards, Oscar Orozco Assistant Planner Community Development Department Office: 949-644-3219 100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 From: Ryan Wilson <RWilson@Lawrysonline.com> Sent: July 05, 2023 8:39 AM To: Orozco, Oscar <oorozco@newportbeachca.gov>; Munoz, Jonathan <JMunoz@newportbeachca.gov> Cc: Brian Stone <bstone@lawrysonline.com> Subject: Re: Five Crowns Garden Operations Research [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Good morning Oscar, Thank you for the check-in message and please let me know if there is anything more that we can provide at this time. Officer Munoz, please let me know the best window of time to reach you to discuss the citation. I am working overseas again until next Tuesday so please bare with me but I will do my best to accommodate. Thank you, Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) I I II 11 Zoning Administrator - August 15, 2024 Item No. 3a - 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#2 August 14, 2024 Mr. Mrs. Catanzarite 352 & 354 Hazel Drive Corona Del Mar, CA 90725 Subject: Review #2 – Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit August 15, 2024 – Expert Opinions to be Submitted to City of Newport Beach, CA Dear Mr. and Mrs. Catanzarite: MD Acoustics, LLC (MD) previously provided our first review of RK Engineering Group Inc. (Reports), dated 6/13/2024. Report 1 identifies “Typical Operations”, and Report 2 identifies “Private Event” noises. Our initial review was submitted on 7/24/2024. A review of the Private Events Five Crowns proposes includes weddings and parties with crowds of 75 persons with sound amplification. MD has reviewed the City of Newport Beach’s Noise Ordinance, Section 10.28.010 – Loud and Unreasonable Noise and notes the factors to be considered. 1.0 General Overview We have reviewed the Newport Beach Municipal Code including 10.28.20 sound amplifying devices are addressed including considerations of the hour, place, nature and circumstances of the emission (See Appendix A). Then 10.26.050 addresses Sound-Amplifying Equipment requiring a permit at 10.32.030 which sets out inclusion of the “maximum sound-producing power” at subsection J. It is our opinion that the Events require permits for the use of outdoor sound amplification equipment for control purposes and that multiple events, unless they would use the same approved sound equipment would require a new Permit. The reason is obvious because such systems are difficult to monitor and control with as Five Crowns proposes multiple providers of amplification equipment at their outside events including DJs, banks, drums, singers and crowds of people, we understand up to 75 at a time. Five Crowns propose to limit Events with 75 or more but not less than 75. However, a crowd of 40-70 persons with sound amplification equipment can be very disruptive even if limits are attempted. In addition, we have reviewed the permit application copy attached (see Appendix B) which provides a cutoff time of 8:00 pm which in our opinion is more than reasonable. In our opinion the 10 pm time proposed 7 days a week for crowds less than 75 persons will be extremely disruptive to families trying to sleep for work the next day and children. The major difference in our review is our position that the use of sound amplifying equipment outdoors requires strict limitations on each Event application. In contrast RK and Five Crowns disagree and believe they can have a blank permit to fill in the blanks for varying types of amplifying equipment and producers. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Review #2 – Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit August 15, 2024 Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 2 JN: 13692401_Peer Review#2 Since the completion of our review, RK Engineering Group Inc. (RK) has updated the “Private Event” report, as well as provided a Response to Comments Letter (RTC) to our original review, both dated 8/5/2024. This Review #2 evaluates the updated 8/5/2024 RK Engineering Group Inc. study as well as the RTC as it relates to the veracity and accuracy of the noise impacts associated with Five Crowns. In addition to the general disagreement stated above, MD also disagrees with overall findings in the RK Engineering Group, Inc. MD has identified at least five (5) major flaws in the study that underestimates the noise impact. In our opinion, the impact of the live amplified music for events will still materially exceed the City of Newport Beach’s 55 dBA daytime and 50 dBA nighttime noise standard as outlined in Chapter 10.26. 2.0 Comments for the Report MD has further comments relating to the report that should be addressed in this analysis as outlined below: MAJOR 1. The model uses an area source to define the loudspeaker noise across the patio area. A loudspeaker is typically modeled as a point source and not an area source. This is because the SoundPlan model places the sound energy across the surface area (area source) of the item being modeled. However, Table 3 identifies the sound level as a point source at 3-feet from the speaker. This is an inconsistent approach when reviewing RK’s modeling approach. Table 3 identifies the reference noise level for “Private Events” at 3-feet from the noise source, as identified below. The study conditions the loudness of the speakers at 3-feet from the source at 80 dBA Leq and 100 dBA Lmax (see Table 3, below). As previously mentioned, a loudspeaker is considered a point source which is to say that the sound propagates from the point source and then spherically spreads across the patio. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Review #2 – Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit August 15, 2024 Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 3 JN: 13692401_Peer Review#2 MD has evaluated the noise level for a single speaker where the sound level was limited to 80 dBA at 3-feet as shown in the Figure (below). MD utilized SoundPlan 3D modeling software. Figure 1: Single Speaker Noise Prediction As shown in Figure 1 (above), even with the speaker limited to 80 dBA at 3-feet from the source, the noise level will exceed the City’s 55 dBA Leq limit at the uses directly to the east (Receptor 2) at the 1st and 2nd floor. MD positioned the speaker in the corner of the patio however based on Mr. Catanzarite’s observations/experience the speakers are typically positioned along the south wall. The model shows the predicted exterior noise levels at the 1st, 2nd and 3rd floors, where applicable. It should be noted that this is for a single loudspeaker limited to 80 dBA at 3- feet from the source. But there is no stipulation on the number of loudspeakers or what happens if you have live music/instruments such as drums where the noise level far exceeds 80 dBA at 3 feet. For example, drums can range between 95 to 118 dBA when measured at 3 feet away.1 How would a limit be placed on live musical instruments such as drums where the level is far louder than 80 dBA? 1 sound levels of 95–122 dB(A) for base drums, 106–118 dB(A) for cymbals, and 95–113 dB(A) for snare drums. https://archive.cdc.gov/w ww_cdc_gov/niosh/newsroom/feature/hearingloss.html Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Review #2 – Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit August 15, 2024 Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 4 JN: 13692401_Peer Review#2 2. The study doesn’t take into account the combined noise level effect of crowd noise and the private event noise. Table 4 from their study further illustrates the fact that only a loudspeaker was evaluated and fails to evaluate the noise from the crowd on the patio. Figure 2 illustrates setup of wedding at Five Crowns and utilized this as a reference for the model setup. MD has modeled the patio and a loudspeaker with a level of 80 dBA at 3-feet. MD has placed the loudspeaker at the south wall with the speaker facing north. In addition, MD utilized SoundPlan’s reference crowd sound source. Figure 3 illustrates the combined crowd and loudspeaker noise level projections. As shown in Figure 3, the noise level with the crowd and a loudspeaker exceeds the City’s 55 dBA limit at nearly all the adjacent residential uses to the east for all exterior floors analyzed. This illustrates that even when incorporating an 80 dBA limit at 3-feet the noise ordinance will still be exceeded. MD’s model shows that the City’s ordinance will be exceeded by up to 5 dBA above the standard. Figure 2: Five Crowns Wedding Setup https://images.app.goo.gl/HJqggKpLfvZ72pbq8 Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Review #2 – Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit August 15, 2024 Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 5 JN: 13692401_Peer Review#2 Figure 3: Crowd + Single Speaker Noise Prediction Figure 4 identifies the amount of noise contributed to each receptor location and floor. This shows that at Receptor 2 and 3 the dominant source of noise is still the loudspeaker above the crowd (even when limited to 80 dBA at 3-feet). Figure 4: Noise Contribution at Each Receptor (SoundPlan) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Review #2 – Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit August 15, 2024 Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 6 JN: 13692401_Peer Review#2 3. While the RK study has conditioned 80 dBA Leq into the design feature, the practicality of limiting these levels without constant oversight will be difficult to implement. The permit clearly calls out a specific design and more information on the loudspeaker system that will be implemented. There is no mention at any point in the study of a specific loudspeaker design which makes limiting the levels difficult. How does Five Crowns limit musical instruments that are louder than 80 dBA at 3 feet away such as drums, electric guitars, vocals, etc? 4. dB(A) vs dB(C) Comparison Due to the human ear’s varying response to sound level and the acoustic spectrum in which the ear is listening it may be appropriate to either apply or remove acoustic filters to the sound level. Specifically, the sound at each frequency level can be summed into a single decibel number that indicates the overall sound pressure level. These sound levels are often measured using a frequency-weighted filter, which emulates the frequency sensitivity of the human ear for common environmental noise such as traffic or speech. A common frequency-weighted filter is the “A-scale,” under which decibels are designated by the unit dB(A). The City of Newport Beach identifies this metric within the ordinance. The A-weighted filter is appropriate to use for most environmental acoustical applications, however with very low (<125 Hz) or high (>10KHz) frequencies, the A-weighted filter weights the sound levels differently. Sound levels can also be measured using a C-weighted frequency filter (dB(C)), which attenuates less of the low frequency noise (LFN) and is more suitable for the evaluating the “bass” sound (which can travel farther than treble sound and can penetrate walls more easily). Figure 5 illustrates how C-weighted and A-weighted filters produce different results. As shown in Figure 5, the A-weighted scale filters out the frequencies from 500 Hz and below. Figure 5: A-weighted vs C-weighted Filter Comparison -90 -80 -70 -60 -50 -40 -30 -20 -10 0 10 6. 3 8 10 12 . 5 16 20 25 31 . 5 40 50 63 80 10 0 12 5 16 0 20 0 25 0 31 5 40 0 50 0 63 0 80 0 10 0 0 12 5 0 16 0 0 20 0 0 25 0 0 31 5 0 40 0 0 50 0 0 63 0 0 80 0 0 10 0 0 0 12 5 0 0 16 0 0 0 20 0 0 0 At t e n u a t i o n ( d B ) Frequency (Hz) A-Weighting vs. C-Weighting A-Weighting C-Weighting The A-weighed scale filters out frequencies below 500 Hz, while the C-weighted scale filters much less of the low frequencies. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Review #2 – Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit August 15, 2024 Expert Opinion City of Newport Beach, CA MD Acoustics, LLC 7 JN: 13692401_Peer Review#2 MD recommends that a dB(C) limit be implemented onto the project to limit the amount of disturbance to adjacent uses. MD would need some time to evaluate the specific limit however by implementing a dB(C) limit, the City does mitigate the potential for low frequency noise impacts to adjacent uses. 5. Live Monitoring/Website While MD believes each Event requires a permit, if there were to be approval then MD recommends that as part of the approval process, that the City require live/active monitoring occur and be viewable via website for the general public to review. MD has conducted these types of services across the US for specific events. The following link provides an example of where this occurs. https://acousticmeter.com/CVF 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 updated noise study conducted by RK Engineering Group, Inc. Based on our review we are of the opinion that each Event because it involves different equipment and outdoor amplification separate permits are required with an 8 pm cutoff. In addition, there are five (5) major flaws with the study still that need to be addressed. In our opinion the project as proposed will exceed the City’s noise ordinance even with the implementation of 80 dBA Leq at 3-feet from the loudspeaker and higher exterior perimeter wall. There are other noise sources that were not considered as part of the study that are problematic and due exceed the City’s noise ordinance. If there is to be any consideration of an approval, before that can be done, additional evaluation and mitigation is still required to mitigate the sound levels. Our qualifications are provided in Appendix C. 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 Claire Pincock, INCE Principal Sr. Acoustical Consultant Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) MD Acoustics, LLC JN: 13692401_Peer Review#2 Appendix A Newport Beach Noise Ordinance Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) 20.30.080 Noise. This section establishes standards for the regulation of noise levels to protect the health, safety, and welfare. A. Compliance with Noise Control Provisions. All land uses and their associated activities shall comply with the provisions of this section and Chapters 10.26 (Community Noise Control) and 10.28 (Loud and Unreasonable Noise). B. Acoustical Study. The Director may require the preparation of an acoustical study in instances where the Director determines that a project may expose existing or proposed noise- sensitive land uses to noise levels exceeding the standards specified in Chapter 10.26 or 10.28. C. Noise Exposure Verification for New Development. Applicants for projects located in areas projected to be exposed to a CNEL of sixty (60) dBA and higher may conduct a field survey, noise measurements, or other noise modeling analysis in a manner acceptable to the Director to provide evidence that the noise contours identified in the Noise Element of the General Plan do not adequately account for local noise exposure circumstances due to topography, variation in traffic speeds, or other conditions. These findings shall be used to determine the level of required noise attenuation methods and the feasibility of mitigation. D. Deliveries, Loading, and Unloading. Deliveries, loading, unloading, opening/closing or other handling of boxes, crates, containers, building materials, trash receptacles, or similar objects within a nonresidential zoning district shall not be allowed between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays. E. Noise Sensitive Land Uses. 1. New noise sensitive land uses that will be impacted by existing land use related noise sources shall be required to mitigate the noise levels from those noise sources so that the resulting noise levels on the proposed noise-sensitive land use(s) do not exceed the standards in Chapter 10.26 (Community Noise Control). 2. Dedications of avigation easements in favor of the County of Orange may be required when noise sensitive uses are proposed in the John Wayne Airport (JWA) Planning Area, as established in the JWA Airport Environs Land Use Plan. 10.28.005 Policy. It is found and declared as follows: Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) A. The making, allowing, creation or maintenance of loud and unreasonable, unnecessary, or unusual noises which are prolonged, unusual, annoying, disturbing and/or unreasonable in their time, place and use are a detriment to public health, comfort, convenience, safety, general welfare and the peace and quiet of the City and its inhabitants. B. The necessity in the public interest for the provisions and prohibitions contained and enacted is to declare as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, general welfare and property and the peace and quiet of the City and its inhabitants. (Ord. 2001-4 § 1, 2001) 10.28.007 Loud and Unreasonable Noise is Prohibited. It is unlawful for any person or property owner to make, continue, cause or allow to be made any loud, unreasonable, unusual, penetrating or boisterous noise, disturbance or commotion which annoys, disturbs, injures or endangers the comfort, repose, health, peace and quiet within the limits of the City, and the acts and things listed in this chapter, among others, are declared to be loud, disturbing, injurious and unreasonable noises in violation of this Chapter, but shall not be deemed to be exclusive. (Ord. 2001-4 § 2, 2001) 10.28.010 Loud and Unreasonable Noise. It is unlawful for any person or property owner to willfully make, allow, continue or cause to be made, allowed, or continued, any loud and unreasonable, unnecessary, or disturbing noise, including, but not limited to, yelling, shouting, hooting, whistling, singing, playing music, or playing a musical instrument, which disturbs the peace, comfort, quiet or repose of any area or which causes discomfort or annoyance to any reasonable person of normal sensitivities in the area, after a peace or code enforcement officer has first requested that the person or property owner cease and desist from making or continuing, or causing to make or continue, such loud, unreasonable, unnecessary, excessive or disturbing noise. The factors, standards, and conditions which should be considered in determining whether a violation of the provisions of this section has been committed, include, but are not limited to, the following: A. The level of the noise; B. Whether the nature of the noise is usual or unusual; C. Whether the origin of the noise is natural or unnatural; D. The level and intensity of the background (ambient) noise, if any; Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) E. The proximity of the noise to residential or commercial sleeping areas; F. The nature and zoning of the area within which the noise emanates; G. The density of inhabitation of the area within which the noise emanates; H. The time of day and night the noise occurs; I. The duration of the noise; J. Whether the noise is constant, or recurrent or intermittent; and K. Whether the noise is produced by a commercial or noncommercial activity; L. If the noise is produced by a commercial activity, whether the use is lawful under the provisions of Title 20 of this Code and whether the noise is one that could reasonably be expected from the commercial activity. (Ord. 2023-22 § 450, 2023; Ord. 2001-4 § 3 (part), 2001: Ord. 95-38 § 3 (part), 1995) 10.28.020 Loud and Raucous Noise from Sound-Making or Amplifying Devices Prohibited. A. It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound-making or sound-amplifying device in his possession or under his control: 1. Upon any private property; or 2. Upon any public street, alley, sidewalk or thoroughfare; or 3. In or upon any public park, beach or other public place or property. B. The words “loud and raucous noise,” as used herein, shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical or other device to such volume, intensity or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health, or safety of other persons within or upon any one or more such places or areas. C. The word “unreasonably,” as used herein, shall include, but not be limited to, consideration of the hour, place, nature and circumstances of the emission or transmission of any such loud and raucous noise. (Ord. 2023-22 § 451, 2023; Ord. 2001-4 § 3 (part), 2001: Ord. 95-38 § 3 (part), 1995) Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) SINCE CITED ARE NOT ELIGIBLE 10.26.050 Sound-Amplifying Equipment. 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, or which are used in vehicles and heard only by occupants of the vehicle in which installed, which shall be subject to the provisions of Chapter 10.28 of this title. (Ord. 95-38 § 11 (part), 1995) 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: A. Name and home address of the applicant; B. Business address of the applicant; C. If the application is for the use of a sound track, it shall contain the names of the legal and registered owners of the sound truck, and the year, make, and license number of the truck; D. The address or location where the sound amplifying equipment is to be used; or, if the application is for a sound truck, then a general statement as to the section or sections of the City in which the sound truck will be used; E. The name and address of the person who will have direct charge of the operation of the sound-amplifying equipment or sound truck; 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; Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) 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) 10.32.040 Issuance of Permit. A. Upon receiving a complete application for a permit for the use of sound-amplifying equipment or a sound truck, the Finance Director shall conduct an investigation within ten (10) days of receipt of a complete application to determine whether to approve the application. Unless the application is denied pursuant to subsection (B) of this section, the Finance Director shall approve or conditionally approve the application for a permit if it is determined that all the requirements of this chapter are met and if it appears from the information contained in the application and such additional information as may be presented to the Finance Director that the proposed use of the sound-amplifying equipment or sound truck complies with the regulations contained in Section 10.32.060. The permit shall be nontransferable and valid for a period not to exceed six months. B. Denial of Application. An application for a permit for the use of sound-amplifying equipment or a sound truck may be denied under any of the following circumstances: 1. The City has revoked a permit obtained by the applicant pursuant to Section 10.32.080 within eighteen (18) months of the date of the application for a permit under this chapter; 2. The applicant has received a citation for violating Chapter 10.28, this chapter or Chapter 10.66 within eighteen (18) months of the date of the application for a permit under this chapter; or 3. The City has issued a citation under Chapter 10.28, this chapter or Chapter 10.66 to the address or location where the sound-amplifying equipment or sound truck is sought to be used by the applicant within eighteen (18) months of the date of the application for a permit under this chapter. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) C. Specification of Hours. If a permit is granted, the Finance Director shall specify the hours during which the sound-amplifying equipment or sound truck may be used after considering the needs of the applicant, the area or areas in which the sound will be emitted, and the effects of such use on the public’s health, safety and welfare. NOTE THE FORM SAYS 8PM AND A SPECIFIC FORM FOR EACH EVENT D. Appeals. Actions by the Finance Director may be appealed by any interested party to the City Manager by filing a written statement with the City Clerk setting forth the facts and circumstances regarding the action by the Finance Director. The City Manager shall notify the appellant and applicant in writing of the time and place of the hearing on the appeal. The hearing on appeal shall be heard and determined by the City Manager within ten (10) days of receipt of a written appeal. The decision of the City Manager shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. (Ord. 2023-22 § 454, 2023; Ord. 2014-5 § 1, 2014: Ord. 95-38 §Ord. 2023-22 § 453, 2023; 4 (part), 1995) 10.26.055 Noise Level Measurement. A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five feet above the finished floor level. B. The location selected for measuring interior noise levels shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position. (Ord. 95-38 § 11 (part), 1995) 10.26.070 Prima Facie Violation. Any noise exceeding the noise level standard as specified in Section 10.26.025 and 10.26.030 of this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (Ord. 95-38 § 11 (part), 1995) 10.26.075 Violations. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Any persons violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 95-38 § 11 (part), 1995) 10.26.080 Violations—Additional Remedies—Injunctions. A. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter which operation or maintenance causes or creates sound levels exceeding the allowable standards as specified in this chapter shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. B. Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law. The expense of this chapter is declared to be public nuisance and may be by resolution of the City Council declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a personal obligation of the property owner. (Ord. 95- 38 § 11 (part), 1995) 10.26.095 Manner of Enforcement. A. The City Code Enforcement Officer is directed to enforce the provisions of this chapter and may issue citations for any violation of the provisions of this chapter or violations of this chapter may be prosecuted or enforced in the same manner as other infractions pursuant to this Code; provided, however, that in the event of an initial violation of the provisions of this chapter, a written notice may be given to the alleged violator which specifies the time by which the condition shall be corrected. B. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his/her duty. C. In the event the alleged violator cannot be located in order to serve any notice, the notice shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address or at the place where the violation occurred in which event the specified time period for abating the violation or applying for a variance shall commence at the date of the day following the mailing of such notice. (Ord. 95-38 § 11 (part), 1995) 20.30.080 Noise. This section establishes standards for the regulation of noise levels to protect the health, safety, and welfare. A. Compliance with Noise Control Provisions. All land uses and their associated activities shall comply with the provisions of this section and Chapters 10.26 (Community Noise Control) and 10.28 (Loud and Unreasonable Noise). Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) B. Acoustical Study. The Director may require the preparation of an acoustical study in instances where the Director determines that a project may expose existing or proposed noise-sensitive land uses to noise levels exceeding the standards specified in Chapter 10.26 or 10.28. 20.30.040 Fences, Hedges, Walls, and Retaining Walls. This section provides standards for the provision of fences, hedges, walls, and retaining walls. A. Maximum Height Allowed. 1. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and walls are shown in Table 3-1. TABLE 3-1 MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS Location Maximum Height Front setback areas. 42 inches. See subsection (B) of this section. Rear and interior side setback areas. 6 feet in residential and commercial zoning districts. 8 feet in industrial zoning districts adjacent to residential uses. Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) MD Acoustics, LLC JN: 13692401_Peer Review#2 Appendix B Exterior Noise Permit Application Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Exhibit B Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) Exhibit B Zoning Administrator - August 15, 2024 Item No. 3a - 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 - August 15, 2024 Item No. 3a - 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 - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) MD Acoustics, LLC JN: 13692401_Peer Review#2 Appendix C Reviewers Resumes Zoning Administrator - August 15, 2024 Item No. 3a - 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 - August 15, 2024 Item No. 3a - 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 - August 15, 2024 Item No. 3a - 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 - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ©MD Acoustics, LLC | All Rights Reserved 31 Claire Pincock graduated from Brigham Young University in the top 5% of her graduating class with a Bachelor of Science degree in Applied Physics with an emphasis in acoustics and a minor in Mathematics. Before joining MD Acoustics, she was a research assistant at BYU. Her research was focused on speech acoustics, specifically on how speech radiates from the mouth. https://www.physics.byu.edu/thesis/archive/2017 In 2017, Claire presented her research with Dr. Timothy Leishman on speech directivity at the Acoustical Society of America, spring Boston conference where she placed 2nd in the student competition on speech acoustics. http://asa.scitation.org/doi/abs/10.1121/1.4987652 This research is also presented in the following paper published in the Journal of the Acoustical Society of America in 2021: https://asa.scitation.org/doi/10.1121/10.0003363 Claire Pincock Acoustic Consultant Education Affiliations & Awards Brigham Young University B.S., Applied Physics (Acoustics), 2017 Magna Cum Laude Member, INCE-USA Member, Acoustical Society of America Representative Project Experience Architectural Acoustics Assessment • Vista Del Mar Residential Development, Dana Point, CA • Hampton Inn, Santa Ana, CA • 745 N. Croft Avenue Multi-Family Residential Development, Los Angeles, CA • 700 N. Virgil Multi-Family Residential Development, Los Angeles, CA • Lakeview Senior Living, Yorba Linda, CA • Harbor View Villas – Rebuild Development, Ventura, CA • Miramar Super Star Car Wash, San Diego, CA • Foursquare, Redondo Beach, CA • Lakeside Special Care, Lakeside, CA • 1835 Oddie Blvd Nursing Home, Sparks, NV • HUD NEPA Project Legacy, Riverside, CA Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) ©MD Acoustics, LLC | All Rights Reserved 32 Noise Assessment • Vineland Gas Station and Car Wash, Los Angeles, CA • Lakeview Terrace Gas Station & Car Wash, Los Angeles, CA • Van Buren Blvd Express Car Wash, Riverside, CA • Broadway Gas Station and Car Wash, Los Angeles, CA • Clinton Keith Service Station and Car Wash, Murrieta, CA • Old Middlefield Car Wash, Mountain View, CA • Riverside Car Wash and Retail, Jurupa Valley, CA • Estrella Commons Residential Development, Goodyear, AZ • Blackstone & McKinley Multi-Family Development, Fresno, CA • Haven at 26th Mixed Residences, Rancho Cucamonga, CA • Berylwood Park Skatepark, Simi Valley, CA • Marshalls – Del Amo Plaza, Torrance, CA • Desert Land Ventures, Desert Hot Springs, CA • Pico Blvd Multi-Family Development Cat32, Los Angeles, CA • Cyrus One Trane Chillers, Chandler, AZ • Baypoint Preparatory Academy, San Jacinto, CA • Amani Apartments, Los Angeles, CA • Santa Rosa Apartments, Santa Rosa, CA • Kawana Springs Apartments, Santa Rosa, CA • Jillson and Harbor Residential Developments, Commerce, CA • Adams Boulevard Car Wash and Service Station, Los Angeles, CA • Southeast Regional Soccer Park, Fresno, CA • Pico and Fox Hill Restaurant, Los Angeles, CA • Market Sciortino Rance Center Development, Brentwood, CA • Hyssop Drive Warehouse, Rancho Cucamonga, CA • Pavilion Plaza West, Garden Grove, CA • Merced Snelling Road, Snelling, CA • Ammon Multifamily Development, Ammon, ID • Lab 5 Soccer Fields, Gardena, CA • MSG Entertainment Studios, Burbank, CA Vibration Assessment • Canyon Creek Blasting, San Diego, CA • Warner Ave Vault Resonance, Huntington Beach, CA • Ellis Commons Senior Housing Blasting, Perris, CA Construction Noise and Vibration • Mae Boyar Park Community Building, Oak Park, CA • Broadway Gas Station and Car Wash, Los Angeles, CA • Clinton Keith Service Station and Car Wash, Murrieta, CA • Equestrian Trails Pipeline, Phoenix, AZ Noise Reviews/Updates • Mt. San Antonio College Facilities and Projects Noise Review, Walnut, CA • French Valley Airport Development, Riverside Co., CA • Cameron Ave Surf Thru Express Car Wash Noise Compliance, Visalia, CA Court Cases • Sanctuary at Desert Ridge, Scottsdale, AZ Municipal Code/General Plan • Flagstaff Parks Noise Ordinance, Flagstaff, AZ • Fresno West EIR, Fresno CA • Sierra Madre EIR, Sierra Madre, CA Facilities • MD Acoustics anechoic chamber qualification • Ft. Huachuca anechoic chamber qualification, AZ RT-60 • FCG Conference Rooms and Training Room, Draper, UT Claire Pincock Representative Project Experience - continued Go Back to Meet the Team ↑ Zoning Administrator - August 15, 2024 Item No. 3a - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) August 15, 2024, Zoning Administrator Item 3 Comments These comments on a Newport Beach Zoning Administrator agenda item are submitted by: Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 3. Five Crowns Limited Term Permit and Coastal Development Permit (PA2023-0202) 1.Handwritten page 12,Fact B.4: “All of the Design Features recommended in the Updated Noise Analysis including a sound attenuation wall, a new 10-foot-tall gate on Hazel Drive, …” The only plan for the wall that I can find is in Exhibit B-2 to the RK report on handwritten page 181. It shows a 5’ 6” gate replaced by a new 6’ 8” door, over which acoustic paneling is shown. The plans are unusual in that they do not indicate what direction they are elevations from, and this one provides no horizontal dimension. I believe they are elevations looking outward from the interior of the Five Crowns yard/patio, this one looking southeast toward Hazel Drive and the other southwest toward the adjoining property at 351 Hazel. The plan is also completely non-specific as to what the pictured paneling would consist of and the RK report suggests a wide range of options. It is unclear what was modeled. 2.Handwritten page 12,Facts E.2 and E.3: General Plan Policy LU 2.4 (Economic Development) refers to Implementation Program 24.1. That, in turn, refers to completion of the City’s “Strategic Plan for Economic Sustainability.” Although the plan was completed and revised once, it and the Council Policy D-9 cited in Fact E.3, which once was intended to further implement it, no longer seem active. The language stated in Fact E.3 is a statement of purpose, not the policy itself. 3.Handwritten page 15,Fact F.3: “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 southwest. The closest coastal viewpoint, as designated in the Local Coastal Land Use Plan, is at Inspiration Point and also approximately 1,200 1,400 feet to the west southwest.” The intersection of Poppy and Ocean (closer to 1,300 feet?) is more south than west. Inspiration Point is southwest and farther away. 4.Handwritten page 15,Fact G.1: “The nearest vertical and lateral access point is approximately 1,200 1,300 feet away at Little Corona Beach and the outdoor patio would not obstruct access along these routes.” 5.Handwritten page 17,Condition of Approval No. 4: “The expanded outdoor dining area shall not exceed 1,350 square feet.” Does this include the existing 750 square feet referred to in Fact A.1? Or is it in addition to it? The plan on handwritten page 214 suggests it is in addition, but the area indicated in olive as the (existing?) permanent outdoor area appears much smaller than 750 sf. Zoning Administrator - August 15, 2024 Item No. 3b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) August 15, 2024, PC agenda Item 3 comments - Jim Mosher Page 2 of 2 6.Handwritten page 18,Condition of Approval No. 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).” How will NBMC Section 10.28.010 (Loud and Unreasonable Noise) apply? In particular, Subsection L allows (or requires) “consideration” of whether the offending noise is “one that could reasonably be expected from the [permitted] commercial activity. Could a citation be issued for behavior that does not exceed the quantitative standards of Chapter 10.26? 7.Handwritten page 18,Condition of Approval No. 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.” What size event would be considered “outside the normal operating characteristics of the approved use”? The earlier RK reports mentioned they were based on a maximum occupancy of 68 persons. The most recent RK report suggests crowd size is irrelevant to noise impacts. That seems improbable, for the report claims to show marginal compliance with City noise standards could be achieved at the five selected locations if loudspeakers pointed toward the interior of the venue are kept at an Leq of 80 dB (and Lmax of 100 dB) or less at 3 feet. But the MD Acoustics report (top of handwritten page 149) indicates event crowds can, themselves, generate Leq = 80 dB, which would require louder or multiple speakers. It would seem the combined effect could easily exceed what RK modeled, and therefore exceed City noise standards. Additionally, MD points out RK’s own “Field Sheets” of levels recorded at past Five Crowns events substantially exceeded the source loudness levels needed to achieve compliance even with the “sound wall.” It is also curious that the RK report does not present results with and without the “sound wall” paneling added to the existing walls to demonstrate how effective they are. Equally importantly,I do not understand why RK provides no predicted noise levels for the immediately adjacent residential property at 351 Hazel Drive. I understand from UP 1822 that this was, and may still be (?), co-owned by the Five Crowns property owner. Even if it is, it is residentially-designated and could presumably be separately sold, which would raise reasonable concerns about future violations if this approval were to become permanent.. Zoning Administrator - August 15, 2024 Item No. 3b - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) KENNETH .J. CATANZARITE ATIORNEY AT LAw DIRECT DIAL: (714) 678-2 I 00 Via Email: Benjamin M. Zdeba, AICP Zoning Administrator CATANZARITE LAW CORPORATION ATTORNEYS &. COUNSELORS AT LAw 233 I WEST liNCOLN AVENUE ANAHEIM, CALIFORNIA 9280 I (714) 520-5544 FACSIMILE: (714) 520-0680 August 15,2024 Melinda Whelan Assistant Planner E-MAIL ADDRESS: KCATANZARITE@CATANZARfTE.COM DIRECT FAX: (7 I 4) 399-0577 City of Newport Beach City of Newport Beach 100 Civic Center Drive, Bay 2D Newport Beach, CA 92660 CDD@newportbeachca.gov 100 Civic Center Drive, Bay 2D Newport Beach, CA 92660 mwhelan@newportbeachca.gov Re: CORRECTED Supplemental Objections to Five Crown's Temporary Outdoor Dining (PA2023-0202), Limited Term Permit (More than 90 Days), Coastal Development Permit Application Initial Hearing: July 25, 2024 Agenda Item No.2 Continued Hearing: August 15, 2024 10:00 a.m. Supporting Neighbors, collectively the "Residents" and "Objectors": Ken & Kim Catanzarite ("Catanzarite") 352 Hazel Drive (Receptor 3) Herb & Harriet Melmon 344 Hazel Drive (Receptor 4) Dear Mr. Zdeba and Ms Whelan: This letter and Exhibits including its numerical point headings 1 through 12 supplement our Objections filed July 24,2024 concerning the: PROJECT SUMMARY The applicant requests a limited term pernlit and coastal development pennit 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. Bold emphasis added. Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 15, 2024 Page 2 Objectors have obtained infonnation requests from the City attached as Exhibit "c" Use Pennit 1822 ("UP 1822"), Exhibit "D" COVID Temporary Pennit ("ETUP" below) and Exhibit "E" Citation #: I231914A and July 12,2023 Notice Letter. These documents and review of the Newport Beach Municipal Code ("MC") make clear: (1) The "Project" for numerous reasons cannot and should not be approved under any circumstances as a Temporary use. (2) Five Crowns (the "Applicant") should immediately be cited for its continued operations which are contrary to UP 1822 and prohibited from use of the outdoor dining patio (the "Patio") for anything other than the 1977 approved 350 square feet for dining until 9:00 pm. (3) If any expanded use of the Patio is sought by Applicant it must be through application to modify the 1977 approved UP 1822 with full consideration by the Planning Commission and City Council. (4) The Application is nothing more than an end around UP 1822 with its well reasoned restrictions that prohibited exactly what Applicant seeks, that is 1,000 more square feet in the Patio to increase its patron count "net public area" by 20%, increased hours of operation to 10 pm from 9pm, with amplified sound for Events that were restricted to inside the building. This no doubt results in a more than 20% increase in revenue and profits at the expense of Applicant's neighbors. There is nothing neighborly here. (5) The substantial wisdom of the limitations imposed under UP 1822 and ETUP which should not be lost at this hearing-UP 1822 considered the sound, light and traffic generated from use ofthe 1,350 square foot Patio area and limited its use to 350 square feet, limited the hours of operation to 9 pm and provided that there shall be no amplified sound at all. While this Application because of how it was presented has focused on amplified sound, the real focus must in the final consideration be on the soundness of conditions imposed under UP 1822 which satisfy objecting neighbors concerns: continue to restrict outdoor patio use to 350 square feet, open not later than 9 pm and no amplified sound. That is what is required of Applicant and this Application cannot and must not be approved. No rational basis exists for the findings that would be required to overcome UP 1822 limitations, none. The Project cannot and should not be approved for the following reasons: A. The Project is Not of Limited Duration, Not Compatible With Adjacent Residences and Admitted Illegal Operation Since September 6, 2021 in Violation of UP 1822 Disqualifies the Project Equitably and Mandatorily from Consideration Under MC 20.52.040 E. b. and c. 1. MC 20.52.040 Limited Tenn Pern1its does not apply to this Application because: (A) the purpose is not " ... oflimited duration (e.g., interim, nonpern1anent, and/or seasonal in nature) that would be compatible with adjacent and surrounding uses ... " Objection: The examples under this section do not at all comport with the Project- nothing about this use is temporary. Examples of such temporary use are Christmas tree lot, construction operation lot and the like. Indeed, Applicant admits that it has been engaged in Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 15, 2024 Page 3 illegal operation since the COVID Emergency Permit. Why? Because UP 1822 at Exhibit C and Exhibit "D" COVID Temporary Permit which expired required that there be no increase in occupancy, hours of operation and no amplified sound. Yet Five Crowns admits that its expanded use of the Patio increased occupant load vis "net public space" discussed below at #3-4, held Events, extended hours of operation until 10 pm and offered amplified music and sound. 2. (B) the purpose is not of a type or nature consistent with 20.52.040 D. Allowed Limited Duration Uses. and s not "compatible with the subject zoning district and surrounding uses." Objection: Even if this were a legitimate "limited duration use", it is not, there are residences withing 40-45 feet of the Project activities-there is simply nothing of a kind or nature conducted next door nor for that matter in all of Corona del Mar Village. Statements to the contrary are conclusory because the City has no examples. Consider the absurdity of this application. Imagine where you live that your next door neighbor seeks a pennit for amplified outdoor sound to hold Events in their backyard within 40 feet of your open windows and deck where in a crowded 1,350 square feet patio they will have 70 people 7 days a week partying until 10 pm with amplified sound. The absurdity of this proposal cannot be understated. The sound of the crowd talking alone at greater sound levels to be heard is an obvious intrusion into the quiet enjoyment of the neighbors, adding amplified sound makes it simply outrageous. No City reviewer, including those writing this up recommending approval nor the Zoning Administrator would tolerate this in their back yard. Efforts to justify the expanded commercial use of the Restaurant by 20% plus as here is not permitted. For that reason as well as others the Application must be denied. 3. Five Crowns has been conducting its Events in the 1,350 courtyard for years without interruption and without a permit including the increased 1,000 square feet, hours of operation until 10 pm from 9 pm, with amplified sound. It did so knowing all such conduct was prohibited. This includes an express notice on July 12, 2023 that an amendment to UP 1822 was necessary. Applicant seeks a prohibited by UP 1822 increase of20% in its "net public space" to 5,800 square feet, increased hours of operation and amplified sound, all intruding on its neighbors' quiet enjoyment without seeking, as required an amendment to UP 1822-this is not permitted. Objection: To approve a temporary permit would reward illegal conduct that has been the subject of a citation for noise ordinance violation, a July 12, 2023 City notice email stating the requirement that Applicant must seek amendment ofUB 1822 and multiple complaints including a Citation, as well as continued violations reported on August 3,2024 with sound measurements of over 70 DB. The June 2023 Complaints With Excessive Sound Reading confirmed by the City leading to issuance of Citation #: 1231914A: On Sunday June 18,2023 at roughly 10:00 p.m. Objectors called Newport Beach Code Enforcement because of the loud and raucous noise coming from Applicant. Officer Aydee Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 15,2024 Page 4 Insunza received the call and at roughly 10:00 p.m. recorded "FIRST SOUND READING COMPLETED AT 9:54 PM, 60.6-68.2 DCB METER SET UP ON THE SIDEWALK OUTSIDE OF [352 Hazel]. 2ND SOUND READING COMPLETED AT 9:57 PM, 62.7-72.2 DCB." See Exhibit E. Again, on Saturday June 24, 2023 at roughly 9: 10 p.m. Objectors again called Newport Beach Code Enforcement because of the loud and raucous noise coming from Applicant. Officer Aydee Insunza received the call and at roughly 10:00 p.m. recorded "FIRST SOUND READING COMPLETED AT 9: 10 PM, 60.3-66. DCB METER SET UP ON THE SIDEWALK OUTSIDE OF [352 Hazel]. 2ND SOUND READING COMPLETED AT 9:12 PM, 62.9-70.5 DCB. I went down on Hazel and I was still able to hear the noise .. " See Exhibit E. These recorded observations confirm the violations of UP 1822 specifically occupying the 1,350 area when restricted to 350 square feet, operating after 9 pm and amplified sound, all prohibited. The June 12,2023 Notice That Applicant's conduct was prohibited and required amendment of UP 1822. In June 2023, Applicant engaged in obfuscation and misdirection led by Ryan Wilson as CEO contending its Events and amplified music was somehow justified by UP 1822 and its historical operation. The evidence is that Mr. Wilson is the leader of this misconduct seeking more revenue and profits by taking extreme unsupported positions vexing his neighbors for the sake of 20% more space, increased hours and amplified sound Events to generate more revenue and profits. In the end, the City of Newport Beach rejected the contentions finding modification of UP 1822 was necessary as follows: From: Orozco, Oscar Sent: July 12,2023 10:38 AM To: Ryan Wilson Cc: Brian Stone; Munoz, Jonathan Subject: RE: Five Crowns Garden Operations Research Follow Up Flag: Flag for follow up Flag Status: Completed Hi Ryan, Thank you for your patience on my research on the discussion of the existing code and existing use permit for Five Crowns 3801 Coast Hwy. (UP1078 & UP1822). As approved the existing use permit approved the restaurant use and does not allow for private events. In addition, the private events would have required a use permit per the zoning code in the 70s when the use pem1it was approved. In order for the private events to be an allowed use, you will need to amend the existing use permit. Please let me know if you have any questions or would like to discuss the process for amending the use permit. I am more than happy to help. Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 15,2024 Page 5 As a reminder, please work with code Enforcement to address the noise related code enforcement notice letter you've received. Regards, Oscar Orozco Assistant Planner Community Development Department Office: 949-644-3219 100 Civic Center Drive, First Floor Bay B, Newport Beach, California 92660 Bold emphasis added, See page 5 of Exhibit E. In perspective Applicant was told over one year ago that it had to make application to amend UP 1822 and chose not to do so pursuing this end around with it is not to be forgotten misrepresentation of its true intentions. The August 3, 2024 continued Applicant's misconduct and sound readings exceeding 70 db. Applicant has continued to hold Events in the 1,350 square foot Patio, after 9 pm with amplified sounds all as prohibited by UP 1822. In front of 352 Hazel, this video demonstrates both the noise and light violations from use of the 1,350 square feet during an Event in August 2024. [https:/ /www.dropbox.com/sc1/fi/3fbgquxob4zapxsq9p127/20240803_203859.mp4 ?rlkey=vtvrhu 20jOxfgdzamzkm47urs&st=tpv90 1 h6&dl=0] In front of352 Hazel, this video shows continued use of the gate in the side wall on Hazel Drive for patrons using that entrance while parking on Hazel rather than in the offstreet lot on Poppy as described in UP 1822. [https://www.dropbox.com/sc1/fi/lk5fbwp3mhrfrozff2336120240803_ 204011.mp4?rlkey=7c5y5pbfugqsryghOe3eaolu7&st=4km3yhdy&dl= 0] In front of 352 Hazel, this meter reading exemplifies readings taken the same evening. Code Enforcement was called but unfortunately by the time Code Enforcement mTived the Event had ended. Applicant never obtained any permit for any of its numerous Events nor for the use of amplified sound in the 1,350 square foot Patio notwithstanding its loud and raucous noise being generated and foisted upon its residential neighbors. The reason for this inapplicable Temporary Permit is that Applicant does not have 40 60 20 I 0 73dB 60dB 73dB o 00 ,d,::Advertisement - 80 100 90dB Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 15,2024 Page 6 sufficient off-street parking to amend or modify UP 1822 which limits "net public area" to 4,800 square feet. In other words adding 1,000 square feet would increase the area to 5,800 square feet generating 20% more space and a commensurate increase in its revenue and profits from increasing hours from 9 pm to 10 pm and addition amplified sound while causing congestion on Hazel and Poppy and prohibited intense increased activity exemplified by the Citation and continued notices. B. Disqualification of Applicant is Mandated by MC 20.52.040 E. b. and c. Because of the Admitted Unpermitted Conduct and #3 Described Activities. 4. Because Applicant has operated illegally at least since the end of the COVID emergency permit termination on September 6, 2021, its application is disqualified under: 20.52.040 E. Application Filing, Processing, and Review. b. Application Before Operation. A complete application shall be filed with the Department at least thirty (30) days before the date that the proposed limited duration use is scheduled to take place. c. No Similar Activities for Thiliy (30) Days. The same or very similar limited duration use shall not be allowed to operate on the same lot for at least thirty (30) days following termination of the previous use. Objection: The Application must be summarily denied. There is no ambiguity about the language "shall" since here Applicant admits it has continuously operated since at least September 6, 2021 on a continuous basis, the Citation at #3 confim1s exactly that and as such it does not meet the requirements to make even a Limited Term Pem1it application, even if it qualified to begin with, which it does not. Certainly, the City sees and knows of this disqualifying event because it fails to address it or excuse it. This is not discretionary but mandatory. The best the City can do is consider a new application after Five Crowns has shut down its violating operations for not less than a continous 30 days. And when they apply we neighbors will again object. 5. The City's characterization of the Existing Use admits there is no amplified music allowed, proposes to excuse the illegal un-permitted operation, misrepresents hours of operation until 10 and then sweeps under the rug the entire illegal use contrary to UP 1822 with the following statement: " The outdoor dining area will include live entertainment and will close by 10:00 p.m." Objection: A cursory review of the nature of COVID pennit discloses the misrepresentation: II II Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 15,2024 Page 7 The Emergency COVID Permit Does Not Expand Number of Patrons, Limits Hours to 9 p.m. and Prohibits Amplified Music-it is a Misrepresentation of Fact to Say Otherwise. Applicant sought and obtained COVID Emergency Temporary Permit No. UP 2020-128 and Emergency Coastal Development Permit No. CD2020-11 0, a copy of which is attached as Exhibit "D" (collectively the "ETUP") which allowed temporary use of an added 1,000 square foot outdoor area to be combined with the 350 square foot outdoor patio area, which was approved as part of a total 4,800 square foot "net public space" in 1977 with UP 1822. The ETUP facilitated the six foot distancing for patrons in the patio and garden area. Significantly, in making the findings for ETUP approval the Community Development Director found and imposed conditions of approval as follows: 1. The operation authorized by this Emergency Temporary Use Permit and Emergency Coastal Development Permit is temporary and only valid during the emergency order established by Emergency Ordinance No. 2020-005; 5. The proposed operation does not constitute an increase in the overall occupant load beyond what the existing Use Permit [UP 1822] and/or Certificate of Occupancy allow; 19. The proposed operation does not extend any hours of operation beyond those currently permitted by Use Permit No. UPI078 and UP1822 (no hour of operation limitations ). IV. CONDITIONS OF APPROVAL. 1. Only that specifically described above and depicted in the attached site plan is authorized, subject to the conditions set forth below. Any additional changes require separate review and may necessitate separate authorization from the Director. The expanded dining area shall be in substantial conformance with the site plan and seating layout provided in Attachment No. CD 4. 4. The expanded outdoor dining patio shall not exceed 1,350 square feet. 6. The existing allowed hours of operation of the establishment shall not be extended. The hours of operation of the area modified as part of this Emergency Temporary Use Permit shall not extend beyond 9 p.m. 7. The use of amplified sound within the temporary area shall be prohibited. 8. All dining tables shall be separated from other dining tables and/or waiting areas by a minimum distance of seven (7) feet to ensure proper social distancing is maintained. Bold emphasis added. In sum the ETUP restricted the use such that Applicant could not expand the number of patrons, could not be open past 9 pm and prohibited amplified sound. This of course is all contrary to the Project expanding the number of patrons, hours until 10 pm and amplified sound, all contrary to UP 1822. Therefore it is a misrepresentation to state otherwise. The City is not protecting the peace and quiet the objecting neighbors seek to enjoy given this years long misconduct of Applicant with its after 9 pm loud and raucous parties, the Events. Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 15,2024 Page 8 6. Worse the Project Description Further ignores the strict limitations imposed on the Applicant's operations since 1977. The City in its Staff Report ignores those limitations altogether paying only a passing comment about UP 1822 and then attempting to white wash the Application by falsely calling the use as qualifying for a "Temporary Permit" which fails as described a #1-5 above. Objection: The Project cannot be approved because it violates UP 1822 effectively amending it without due process to the neighbors all in a rushed setting. UP 1822 Approved in 1977 Prohibits: 1. Use of the 1,000 Square Foot Outside Patio, 2. Use after 9 pm, 3. Events On the Outside Patio and 4. Amplified Music -it is a Misrepresentation of Fact to Say Otherwise. Applicant Must Seek a Modification of UP 1822 through Planning Commission and City Council. The Project description if approved would without complying with the City's Use Permit requirements makes the following material changes to UP 1822 and even the lapsed on September 6, 2021 Temporary Emergency Permit: 1. It increases the occupant load under UP 1822 which is set at 150 patrons. 2. It allows a 1,000 square foot expansion which is over 20% more than the 4,800 square foot "net public area" carefully set out and limited in UP 1822. Since over 10% a new or modification of UP 1822 is required. 3. It increases the hours of operation from 9:00 pm to 10:00 pm. 4. It sanctions amplified music prohibited under both UP 1822 and the COVID ETUP There is no justification for the Application because UP 1822 presently applicable prohibits exactly what Applicant proposes. Instead, Applicant must cease all of its activities for at least 30 days and then apply for a Temporary Permit which cannot be granted or seek the proper channel of modification of UP 1822. 7. Applicant's Operations are governed by its March 14, 1977 Use Permit 1822 ("UP 1822") which was comprised of "net public area" of a total 4,800 sq.ft., including a 348 sq.ft. outdoor patio which conditioned the permit upon having 87 car parking on an off-street lot and a waiver of 34 of the otherwise required 120 car parking off-street. Restaurant capacity was stated at Event entertainment at the time was the piano bar pictured in its floor plan. Objection: Both the Applicant and the City know: • The net public area cannot be increased without an amendment to UP 1822. A 1,000 square foot increase in the outdoor patio use will be an over 20% increase in the "net public area" which cannot be considered absent an amendment. • The Events conducted are not allowed under UP 1822 in the 350 square foot patio area. • No amplified sound can be used in the 350 square foot patio area let alone a 1,350 square foot patio area. Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 15,2024 Page 9 8. Applicant acknowledges and admits that it has continuously operated its "Events" described on its website including with amplified music without a permit outside in the Patio area. The Five Crowns website in May 2023 confessed its unapproved 200 Events https:/ Iwww.lawrysonline.comlfive-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. Objection: These Events are obviously substantial. The must be conducted inside the Restaurant not outside causing noise and light intrusion even without amplified sound disrupting the neighbors quiet enjoyment. 9. The Application must be denied outright or at a minimum referred to the Planning Commission for a hearing because there is public interest and controversy requiring a public forum. Objection: There is provision for referral of this alleged Temporary Permit if it is to be considered at all to the Planning Commission. C. Review here is limited and required findings cannot be made to support an approval decision. 20.52.040 F. Review Authority. 2. The Zoning Administrator may instead refer the application for a limited term permit to the Commission for consideration and final action when, in the Zoning Administrator's jUdgment, there may be public interest, controversy, or issues requiring a public forum due to the nature of the request. 3. If referred to the Commission, the Commission shall conduct a public hearing on the application. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). 10. The 20.52.040 F. Findings and Decision. The required Findings cannot be met. 1. The operation of the requested limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth ofthe 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; Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 15, 2024 Page 10 Objection: The expanded by 1,000 square foot operation until 10 pm is unwarranted and not permitted under UP 1822. No such finding can be made that contradicts UP 1822. After all it is a limitation already imposed, the proposed increase in space of 1,000 square feet is 20% exceeding the 10% threshold requiring an amendment to UP 1822. 2. 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; Objection: UP 1822 expressly and wisely limited the size in the patio to 350 square feet to keep the "net public area" at a total of 4,800. This keeps down the sound and light impacting the residents adjacent to Applicant. By definition the limitation in UP 1822 expressly determined the lot size could not be increased and this proposed increase by 1,000 square feet or 20% is unwarranted and in fact prohibited by UP 1822. No such finding can be made that contradict UP 1822. 3. 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; and 4. Adequate temporaty 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 Objection as to 3 and 4: UP 1822 limited the size of the patio to 350 square feet and the restaurant "net public area" for a good reason, both parking and intrusion on the residential neighbors. No such finding can be made that contradicts UP 1822. 5. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, this Code, and other City regulations. Objection: For the reasons stated above this does not qualify as a Temporary Use and the Applicant is disqualified having continuously operated since at least September 2021 in clear violation of its UP 1822. Again, UP 1822 limited the size of the patio to 350 square feet and the restaurant "net public area" for a good reason, both parking and intrusion on the residential neighbors. Because UP 1822 is equivalent to the Code and a City regulation, no such finding can be made that contradicts UP 1822. 11. The Temporary Permit if approved may apply conditions. The conditions proposed are wholly unwarranted. Recall the original deceitful application that stated this would be background music trying to sneak through its proposed Events business. If anything is to be proposed there should be: • no Events allowed other than as was permitted by UP 1822 inside the Restaurant. • no amplified sound Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 15,2024 Page 11 • • • • outside dining only without amplified sound limited to weekday hours to 8 pm and weekend hours to 9 pm. proof that the 1,000 added square footage will have adequate parking. a sound wall for mitigation of crowed noise reduced lighting starting at nightfall, no bright lights to be used D. Because There is No Valid Existing Use CEQUA Exemptions do not Apply. 12. No CEQUA exemption applies because the present use is known to be unlawful and prohibited by UP 1822. As such it cannot be an expansion of an existing use because existing uses must be lawful which this proposed use is not. Objection: 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 Applicant has no existing permitted outdoor dining activity beyond 350 square feet and 9 pm let alone a continuous permit for live outdoor "Events" with amplified sound. The sound, light, traffic and activities will have a significant adverse effect on the environment and diminish propeliy values. E. Applicant's Sound Study Fails to Meet Reasonable Standards -Mitigation is Wholly Inadequate and Essentially Unenforceable-Sound Mitigation Proposed Still Exceeds 55 DB - a Sound Permit is Required. Attached as Exhibit "F" is Objectors' Expeli Report #2 from Mike Dickerson, INCE and Claire Pincock, INCE ofMD Acoustics ("Dickerson") offering opinions regarding the updated 8/5/2024 RK Engineering Group Inc. ("RK") revised study of sound mitigation. Dickerson's overall opinion is "In our opinion, the impact of the live amplified music for events will still materially exceed the City of Newport Beach's 55 dBA daytime and 50 dBA nighttime noise standard as outlined in Chapter 10.26." This is demonstrated at the modeling results shown at Figure 3 Crowd + Single Speaker Noise prediction showing over 55 Db at impact locations 1-4 with the send and their floors at 352 Hazel severely impacted. RK's modeling did not include crowd noise and placed the amplification equipment in an area not historically used for Events as clearly shown in Figure 3. Dickerson also opines that due to the equipment and application variations at Events that separate permits would be required so that constraints can be imposed on the Event sound producer and that the time limit of 8:00 pm on the City's application itself be implemented. II II II Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202) City of Newport Beach August 15,2024 Page 12 SUPPLEMENTAL CONCLUSION For the supplemental reasons stated above Objectors oppose the issuance of any permit as unlawful, unwarranted and because the applicant has falsely misrepresented facts. 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 referred to Planning Commission for a more thorough review. Very truly yours, Attachments/Enclosures: as indicated. / Zoning Administrator Received After Deadline - August 15, 2024 Item No. 3c - Additional Materials Received Five Crowns Limited Term Permit and CDP (PA2023-0202)