HomeMy WebLinkAbout3.0_Five Crowns Temporary Outdoor Dining_PA2023-0202CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
December 5, 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
PROJECT SUMMARY
An appeal of the Zoning Administrator’s August 15, 2024, decision to approve a Limited
Term Permit and Coastal Development Permit to allow an existing temporary outdoor
dining patio to remain for a limited 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 include live
entertainment and will close by 10:00 p.m. A sound wall will be installed along the rear
property lines along with other design features to reduce noise. The Limited Term Permit
and coastal development permit would allow the temporary use to remain until June 30,
2025, with a possible extension until December 31, 2025.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3)Adopt Resolution No. PC2024-027 denying the appeal and upholding and affirming
the Zoning Administrator’s Approval of a Limited Term Permit for temporary outdoor
dining filed as PA2023-0202 (Attachment No. PC 1).
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LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Corridor Commercial
(CC)
Commercial Corridor
(CC) Five Crowns Restaurant
NORTH CC CC General commercial and retail
SOUTH Single-Unit Residential
Detached (RS-D)
Single-Unit Residential
(R-1) Single-unit dwelling
EAST Private Institutions (PI) Emerald Village-UP 3342
(PC-36) Elderly care facility
WEST CC CC Five Crowns Parking lot
VICINITY MAP
GENERAL PLAN ZONING
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INTRODUCTION
Project Setting
Five Crowns restaurant is located along East Coast Highway on the corner of Poppy
Avenue and Hazel Avenue. South of the restaurant is an existing single-unit property
under common ownership of the restaurant. Directly east, across Hazel Avenue is an
elderly care facility, and south of the facility are single-unit dwellings abutting Evening
Canyon. Directly west, across Poppy Avenue is an existing private parking lot serving the
restaurant with 87 parking spaces. To the southwest along Poppy Avenue are existing
single-unit dwellings.
Background
The restaurant has operated with alcohol service and a piano bar at the property since
1965. In 1977, the City Council approved Use Permit No. UP1822 (Attachment No. PC
2) to allow a two-story addition to the restaurant with no increase in net public area. The
use permit established a parking requirement for the use and waived a portion of the off-
street parking (33 spaces). The use permit also authorized off-site parking across Poppy
Avenue with valet service. The valet service is required for all restaurant patrons and
provides at least 87 parking spaces. UP1822 did not include conditions of approval that
regulated the hours of operation, live entertainment, or outdoor dining area. However, the
approved plans for UP1822 included a piano bar consistent with the historical use of the
restaurant and a 348-square-foot outdoor dining patio adjacent to an exterior garden area.
The interior of the restaurant and the existing outdoor patio have historically been used
for private events on the weekends, comparable to typical operations of similar types of
restaurants.
In 2014, the Community Development Director authorized a tenant improvement and bar
remodel within the existing restaurant with no addition of public area. The building permit
plans for this project documented an existing 431-square-foot outdoor dining patio and
memorialized the area as part of the original public area of the restaurant in 1977.
In 2020, an Emergency Temporary Use Permit (ETUP) and Emergency Coastal
Development Permit (ECDP) (PA2020-227) were approved to allow an expanded 1,350-
square-foot outdoor dining patio within an existing covered patio and garden area on-site;
curbside pick-up operations within the off-site parking lot; three 30-square-foot banners
advertising modified operations for a maximum 60-day-duration; and one 6-square-foot
A-frame sign located within the right-of-way along Poppy Avenue in front of Five Crowns.
The use of ETUPs and CDPs was a very common tool during the Covid-19 Pandemic to
support businesses, especially restaurants. On September 6, 2021, the ETUP and ECDP
expired, however the Applicant continued operating without the benefit of a permit. In
November of 2023, the Applicant applied for a Limited Term Permit and Coastal
Development permit to authorize the temporary use and to provide time to process an
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amendment to their conditional use permit to authorize a permanent expansion of the
outdoor dining patio
Project Description
The applicant proposes to maintain an additional outdoor dining area that is a maximum
of 1,350-square-feet including an 850-square-foot canopy until June 30, 2025. The
expanded outdoor dining area will include live entertainment and close by 10:00 p.m.,
daily.
The restaurant has historically hosted private events with live entertainment inside the
restaurant. Over the years, the private events have expanded to include use of the
outdoor dining area and an open garden patio. However, the existing use permit for the
restaurant, UP1822, does not specifically allow use of the outdoor dining area or open
garden patio for private events, dining, or live entertainment. As shown in Figure 1, the
proposed temporary outdoor dining area will occupy an existing open garden patio area
adjacent to the permanent outdoor dining authorized under the original UP1822. Both the
existing and proposed temporary dining patios will close by 10:00 p.m.
Figure 1: Location of Outdoor Patios
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To adequately attenuate noise related to the expanded use of the patio in compliance
with Newport Beach Municipal Code (NBMC), the project would require the construction
of a soundwall and other design features.
Proposed Limited Term Permit Duration and Extensions
Staff recommends that the Limited Term Permit and coastal development permit expire
on June 30, 2025, with one potential extension until December 31, 2025. The extension
would be at the discretion of the Community Development Director. The Applicant
originally applied for the Limited Term Permit and Coastal Development permit to operate
the expanded outdoor dining area until December 31, 2024. However, due to the timing
and scheduling of the public hearings and appeal for the project, if the project were
approved, it would allow less than a month for the Applicant to implement the conditions
of approval and operate. The proposed project includes conditions that involve the
construction of improvements including a sound wall, therefore, it may take several
months to obtain a building permit and complete construction of these improvements.
The proposed conditions of approval specifically prohibit additional extensions beyond
December 31, 2025. Therefore, the Applicant would be required to apply for an
amendment to their conditional use permit to maintain the patio with live entertainment
on a permanent basis.
Project Review and Zoning Administrator Hearings
Based on the potential noise levels that could be generated by the use of the outdoor
area, in particular the live entertainment, the Applicant was required to prepare a noise
analysis. Prior to the first public hearing for the project, 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 with
background music 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 few days prior to the first public hearing, a second noise report was
provided, “Five Crowns Restaurant Private Event Noise Analysis, City of Newport Beach”
(Second Noise Report) also dated June 13, 2024 by RK Engineering Group, Inc. The
Second Noise Report 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.
Zoning Administrator Hearing – July 25, 2024
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
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of the noise reports and requested 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. There were other public
comments related to noise, congestion on Hazel Drive, and Fire Marshal review of the
patio.
In response to the concerns of the nearby residents, the Applicant agreed to limit the
number of large events (i.e., over 75 people) to four times a month. When questioned,
the Applicant also clarified that the number of attendees described on the restaurant’s
webpage (150-200 people) included use of the interior of the restaurant and that the
outdoor patio could only comfortably accommodate 75 or fewer persons. At the close of
the 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. The minutes from
the July 25, 2024, Zoning Administrator hearing are found in Attachment No. PC 3.
Zoning Administrator Hearing – August 15, 2024
The project was heard by the Zoning Administrator on August 15, 2024. The prior
continuance allowed staff and the applicant additional time to address comments related
to noise, design features, and other project-related concerns. The applicant provided an
updated noise report dated August 5, 2024 (Updated Noise Report) that addressed
comments made at the previous meeting and included a response to comments
document, also dated August 5, 2024. In the Updated Noise Report, Design Feature No.
6 was added to limit equipment that emits low frequency sound, while Design Feature No.
7 was modified to require restaurant staff to monitor sound levels with professional
support. Both the updated report and response to comments document are provided in
Attachment No. PC 4
Several members of the public provided comments during the public hearing. The
commenters expressed concerns regarding the adequacy of the noise study, use of
limited term permits, amplified sound, noise impacts to neighborhood, and hours of
operation. Additionally, Mike Dickerson, from MD Acoustics, spoke on behalf of Mr.
Catanzarite. He compared the findings of his study, MD Acoustics, dated August 14, 2024
and the study done by the applicant’s consultant. He expressed concerns related to the
adequacy of the report, including various technical aspects.
At the close of the public hearing, the Zoning Administrator approved the project with
several additional conditions of approval to address concerns. The additional conditions
included controlling exterior lighting, limiting the number of private events with attendance
greater than 75 persons, a time limit on implementing the design features per the Updated
Noise Report, limiting loading and deliveries to Poppy Avenue, and limiting loitering from
private events.
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The minutes from the August 15, 2024 hearing are found in Attachment No. PC 5. The
Staff Reports and all correspondence from the Zoning Administrator hearings can be
found at the following links:
• July 25, 2024, Zoning Administrator Hearing
• August 15, 2024, Zoning Administrator Hearing
Appeal of the Zoning Administrator Decision
On August 28, 2024, Kenneth and Kim Catanzarite, residents of 352 Hazel Drive, filed a
timely appeal of the Zoning Administrator’s decision, citing concerns related to the events
within the outdoor patio and associated noise impacts to the surrounding residential
neighborhood. The appeal packet is included as Attachment PC No. 6. The appeal cited
the following factors of concern (as summarized):
• Processing the request as a temporary use versus an amendment to the original
use permit (UP1822) and operating without a permit;
• History of complaints;
• Size, hours, and noise from the events and live entertainment;
• Inconsistency with conditions of the ETUP;
• Adequacy of noise study provide by RK Engineering, Inc.
An analysis of the appeal is provided in the Response to Appeal section of this report.
Conduct of Hearing
Pursuant to Section 20.64.030(C)(3) (Conduct of Hearing), a public hearing on an appeal
is conducted “de novo,” meaning that it is a new hearing. The prior decision of the Zoning
Administrator to approve the Limited Term Permit and Coastal Development Permit
(Resolution No. ZA2024-045) has no force or effect. The Planning Commission is not
bound by the Zoning Administrator’s prior decision.
DISCUSSION
General Plan and Zoning Code
The subject property is categorized as Corridor Commercial (CC) by the Land Use
Element of the General Plan and designated identically in the Zoning Code. The CC land
use category and Zoning Code 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 along East Coast Highway in Corona del Mar. The
proposed temporary outdoor dining with events and live entertainment is considered
temporary and an accessory use to the primary function as a restaurant. The temporary
use requires the approval of a Limited Term Permit and there are no permanent
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operational changes requested. An amendment to the existing Use Permit No. UP1822
would be required to permanently allow the expanded outdoor dining and events with live
entertainment.
Local Coastal Plan
The subject property is categorized as Corridor Commercial (CC-B) coastal land use and
Commercial Corridor (CC) coastal zoning district in the local coastal program. 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 or impede public
access. The temporary use requires the approval of a Coastal Development Permit and
a detailed analysis of facts in support of findings are included in the draft resolution
(Attachment No. PC 1).
Response to Appeal
The analysis below addresses the overarching concerns expressed by the appellant. The
complete appeal packet is available as Attachment No. PC 6 to this report. Additionally,
the applicant provided a separate response to the appeal, “Five Crowns Response to
Appeal Letter 10.22.24” prepared by Ryan Wilson CEO and Shareholder of Lawry’s
Restaurants Inc. (PC Attachment No. PC 7).
Use of Limited Term Permit and Operating Without a Permit
The Limited Term Permit is the appropriate application to allow a temporary use,
consistent with other restaurants and businesses within the City. It is common for
restaurants to request the use of additional dining areas on a temporary, basis and this
has been a regular occurrence since the Covid-19 pandemic. The applicant has been
operating without the benefit of a permit since September 6, 2021, and has not been
subject to conditions of approval that specifically address the expanded outdoor patio.
The Limited Term Permit would allow the Applicant to operate for approximately six
months with a possible extension by the Community Development Director for another
six months, maximum. Unlike other limited term permits that allow extensions of
temporary uses for up to two years, the project is conditioned to prohibit any further
extensions. Any further operation would require an amendment to UP1822.
Inconsistency with ETUP Conditions
The ETUP approved in 2020 was part of a City-wide program to allow additional flexibility
to businesses during the Covid-19 pandemic when interior operations were limited or
even prohibited. These ETUPs were issued throughout the City for temporary outdoor
dining areas and standard conditions of approval were applied consistently to all
restaurants, regardless of the underlying use permit limitations or allowances. For
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example, temporary outdoor patios for restaurants were restricted to a closing time of
9:00 p.m. throughout the City and prohibited the use of live entertainment. However, in
this case, unlike many other restaurants, the existing Use Permit (UP1822) is silent on
hours of operation and live entertainment within the existing outdoor patio, so the general
ETUP conditions may have been more restrictive than the underlying use permit.
The existing restaurant has since realized a market for their operation to provide the
expanded outdoor dining area with regular private events commonly found at these types
of restaurants. The Applicant has requested a closing time of 10:00 p.m. and the use of
live entertainment. Therefore, to evaluate the proposal, staff requested a noise analysis
to support the closing time and live entertainment component of the use. The proposed
Limited Term Permit conditions take into account the project’s location and specific
operating characteristics, unlike the ETUPs. The Limited Term Permit is an opportunity
for the Applicant to operate for a trial period and implement the project specific conditions
of approval to demonstrate if the use is viable from a neighborhood compatibility
standpoint.
History of Complaints
The Appellant expressed concerns regarding the history of noise complaints related to
the property. Table 1 provides a summary of noise complaints that were filed with the
City’s Code Enforcement Division since 2020.
Table 1: Code Enforcement Activity Since 2020
Date Case Number Description
8/4/20 I20-2460 Related to ETUP (PA2020-227)
7/13/21 I21-2192 Verbal warning issued for compliance with ETUP
5/26/23 I23-1671 Notice of Violation issued for loud and unreasonable noise
6/17/23 I23-1914 Citation issued for loud and unreasonable noise
8/31/23 Hearing Officer
Appeal of
Citation
Hearing Officer found there was insufficient evidence to support the
issued citation. The decision acknowledged that as a restaurant
property in a commercial corridor, the video evidence did not
demonstrate noise that rises to the level of a violation of the NBMC
Section 10.28.007 (Loud and Unreasonable Noise is Prohibited),
and the citation was dismissed.
8/3/24 I24-3132 Music turned off before sound test could be conducted
8/16/24 I24-3599 Loud event, decibel rating measurement not confirmed
8/31/24 I24-4047 Loud event, decibel rating measurement not confirmed
9/14/24 I24-4489 Loud noise, reporting party denied access to officer to measure
noise on private property.
9/21/24 I24-4664 Loud people, noise measured and exceeded limits. Notice of
Violation issued for exterior noise standards.
The Code Enforcement history provided in Table 1 does demonstrate a potential need to
implement noise mitigation for the restaurant during private events. However, there were
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also long periods of time where no complaints were filed, including August 2021 through
April 2023 and September 2023 through July 2024. The Limited Term Permit is temporary
and will provide a trial period to allow the Operator to implement the recommended Design
Features from the Updated Noise Report to mitigate noise (discussed in more depth
below). Additionally, the existing Use Permit that governs the site does not include
conditions limiting the hours of operation or use of the outdoor area. In contrast, the
Limited Term Permit includes detailed conditions of approval to mitigate potential impacts
to the neighborhood related to hours of operation, deliveries, and exterior lighting. These
conditions implement controls on the restaurant operation that are not currently in place.
Additionally, staff contacted the City’s Police Department regarding noise complaints for
the property. In 2023, there were five calls for loud music. In 2024, there have been no
calls for loud music.
Use of Expanded Patio Area - Hours, and Noise from Events and Live Entertainment
The Appellant expressed overall concern of the continued use of the expanded patio area
related to the hours of operation, live entertainment, and associated noise impacts to the
surrounding residential neighborhood.
The restaurant has been in operation for over 60 years and the existing structure was
built in the 1930s. Private events are a common ancillary use of a restaurant such as Five
Crowns. Use Permit No. UP1822 was approved in 1977 and did not condition the hours
of operation or use of the patio for private events or live music.
The private events use the expanded patio area that extends beyond the permanent
outdoor dining area (431 square feet) for larger private events with live entertainment. As
previously stated, the expanded patio area used for the private events was approved by
the original ETUP, and the Limited Term Permit is a request to allow the same expanded
patio area for a temporary period. There are no additional areas of the property included
in the Limited Term Permit request that were not included in the original ETUP.
The Limited Term Permit approved by the Zoning Administrator includes 42 conditions of
approval including the requirement to construct a sound wall built to specific standards to
mitigate sound impacts to the neighborhood. Hours of operation are limited to 10:00 p.m.
within the patio and the number of large events (75 persons) are limited to four times a
month to further reduce potential noise issues.
The Updated Noise Report (Attachment No. PC 4) 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 Update Noise
Report describes the City’s interior and exterior noise standards and provides a complete
list of Design Features that would adequately reduce noise levels emanating from the
outdoor patio.
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Pursuant to the Updated Noise Report, Design Features (DF-1 through DF-7) will be
required as conditions of approval for the project. For example, Design Feature DF-1
requires the installation of a block wall along the rear property lines to adequately
attenuate noise. The project includes a condition requiring the applicant to apply for a
building permit within 30 days of project approval to construct the sound attenuation wall.
The wall would be designed pursuant to the specifications in the Updated Noise Analysis.
Other Design Features identified in the Updated Noise Report 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 (limiting low frequency sound); 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 and for private events with
exterior live entertainment. Based on comments provided during the first public hearing,
Design Feature DF-6 was added as a recommendation, and DF-7 was modified. 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.
The Updated Noise Report evaluated noise impacts at a receptor on the third-floor
balcony at 352 Hazel Drive, to demonstrate that the outdoor balcony noise levels will be
attenuated below the City’s Exterior Noise Standards. The Updated Noise Report also
includes an evaluation of noise levels at the interior of the residential receptors,
demonstrating that the interior noise levels will be attenuated below the City’s Interior
Noise Standards.
Adequacy of Noise Study
There are differences of opinion between RK Engineering and the Appellant’s noise
consultant, MD Acoustics. However, implementation of the proposed conditions of
approval would verify the conclusions of the RK Engineering, Inc. Updated Noise Report.
If the project does not comply with the City’s noise standards even after implementation
of the recommended noise mitigation measures, then the permit could be revoked or
modified by the Planning Commission. Therefore, approval of the project does not relieve
the applicant of their responsibility to comply with the City’s noise standards. Additionally,
any confirmed noise violations could affect the future authorizations, such as the
allowance for a six-month extension or request to amend the conditional use permit to
authorize permanent use of the expanded outdoor area.
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Conclusion
Five Crowns was established in 1965 along the commercial corridor of East Coast
Highway, which historically abuts the residential neighborhoods of Corona del Mar. Prior
to Five Crowns, a restaurant called the Hurley Bell existed on the property since 1950.
The restaurant has operated with interior live entertainment and operating hours until 10:00
p.m. since 1965. Historically, the indoor and outdoor area has been used for private events
on the weekends and there is an existing outdoor dining patio that closes by 10:00 pm
adjacent to the restaurant. The commercial corridor on East Coast Highway and the
proximity of the commercial zoning to residential uses is a longstanding condition in
Corona del Mar. Approximately 15 to 20% of businesses on the commercial corridor in
CDM are restaurants. Furthermore, the ancillary use of private events at restaurants is
not uncommon. Historically, the neighborhoods adjacent the commercial corridor are
prone to certain impacts that are common in a mixed-use neighborhood, however, the
commercial uses along East Coast Highway are a vital economic component of the
Corona del Mar village.
Continuing operations of private events with exterior live entertainment within the
expanded outdoor area will require a permanent solution through an amendment to the
Use Permit. A condition of approval requires an amendment to UP1822 to allow the
expanded patio on a permanent basis. If the use permit is not amended, then the
Applicant would be required to cease operation of the expanded outdoor dining area with
live entertainment and private events. The Limited Term Permit provides the applicant
with an opportunity to implement conditions of approval to reduce noise and provides a
trial run to determine if use of the expanded dining area is viable on a permanent basis.
Alternatives
The following alternatives are available to the Planning Commission should they feel the
facts are not in evidence of support the project application:
1. The Planning Commission may suggest specific project modifications or
operational changes to alleviate concerns such as limiting the hours of operation
of the outdoor patio, reducing the number of patrons permitted within the outdoor
patio, limiting the number of large events per month, or reducing the duration of
the use.
2. If the Planning Commission does not believe the facts in support of findings can
be made, the Planning Commission may deny the application request or direct the
applicant to apply for a conditional use permit to request a permanent change to
the outdoor dining.
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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 hearing was published in the Daily Pilot, mailed to all owners and 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 meeting, 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.
Prepared by:
Submitted by:
LAW/msw
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Use Permit No. 1822
PC 3 July 25, 2024 Zoning Administrator Minutes
PC 4 Updated Noise Report and Response to Comment Letter dated August 5, 2024 by
RK Engineering, Inc.
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PC 5 August 15, 2024 Zoning Administrator Hearing Minutes
PC 6 Appeal Packet
PC 7 Five Crowns Response to Appeal Letter dated October 22, 2024
PC 8 Plans
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Attachment No. PC 1
Draft Resolution
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RESOLUTION NO. PC2024-027
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, UPHOLDING THE ZONING
ADMINISTRATOR’S APPROVAL OF A LIMITED TERM PERMIT
AND A COASTAL DEVELOPMENT PERMIT TO ALLOW A
TEMPORARY OUTDOOR DINING AREA WITH LIVE
ENTERTAINMENT LOCATED AT 3801 EAST COAST HIGHWAY
(PA2023-0202)
THE PLANNING COMMISSION 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. (“Applicant”),
concerning property located at 3801 East Coast Highway, and legally described as Parcel
1 of Resubdivision 523 (“Property”).
2. Applicant requests a limited term permit and coastal development permit (“CDP”) to
allow an existing temporary outdoor dining patio to remain for a limited term at Five
Crowns Restaurant (“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 the Restaurant’s
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. The
limited term permit and CDP would allow the temporary use to remain until June 30, 2025,
with a possible extension until December 31, 2025 (“Project”).
3. The Property is categorized as Corridor Commercial (CC) by the General Plan Land Use
Element and is located within the Commercial Corridor (CC) Zoning District.
4. The Property is located within the coastal zone. The Coastal Land Use Plan category is
Corridor Commercial (CC-B) (0.0-0.75 FAR) 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 providing 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 the local jurisdiction determines are needed to accommodate an
expanded outdoor dining area.
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6. A public hearing before the Zoning Administrator 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 Chapter 20.62 of the Newport Beach Municipal Code (“NBMC”). 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.
7. At the continued public hearing held on August 15, 2024, online via Zoom, evidence, both
written and oral, was presented to and considered by, the Zoning Administrator.
8. At the conclusion of the hearing, the Zoning Administrator Adopted Resolution No.
ZA2024-045 approving Limited Term Permit (PA2023-0202).
9. On August 28, 2024, Ken and Kim Catanzarite filed an appeal of the Zoning Administrator’s
decision objecting to the approval of Limited Term Permit (PA2023-0202) based on noise
impacts to the surrounding residential neighborhood as well as objections to processing
the request as a limited term permit rather than a use permit and the continuous
unpermitted use of the outdoor area for events with live entertainment.
10. A public hearing was held on December 5, 2024, in the City Council Chambers at 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the public
hearing was given in accordance with California Government Code Section 54950 et seq.
(“Ralph M. Brown Act”) and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this public
hearing
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This Project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 under Class 1 (Existing Facilities), of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Class 1 (Existing Facilities) 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 Project’s 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 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
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a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.040.(G) (Limited Term Permits - Findings and Decision) of
the NBMC, the findings and facts in support of such findings are set forth as follows:
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 Project will allow an additional outdoor dining area to remain at the rear of the Property
until June 30, 2025. The existing restaurant is authorized through Use Permit No. UP1822
and includes approximately 431 square feet of permanent outdoor dining.
2. The additional outdoor dining area has not posed a hazard to the general welfare of
residents 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 June 30, 2025, 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 Project is conditioned to be accessible to all persons, including those with disabilities,
in accordance with the Americans with Disabilities Act (ADA).
5. The Project 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 Applicant
to implement and follow industry-specific guidance of the State of California and the
Orange County Health Care Agency guidelines.
6. The Project must be operated in compliance with applicable State Department of Alcoholic
Beverage Control (ABC) requirements.
7. Limited Term Permit (PA2023-0202) is conditioned so there are no more than four “large”
private events per month. For this purpose, large events are considered events with
attendance greater than 75 persons.
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8. Limited Term Permit (PA2023-0202) is conditioned so the temporary outdoor dining area
as part of this approval shall not extend beyond 9 p.m., Monday through Thursday, and
beyond 10 p.m., Friday through Sunday and Federal Holidays.
9. Limited Term Permit (PA2023-0202) is conditioned to control exterior lighting so that such
lighting shall be shielded and confined within site boundaries. No direct rays or glare are
permitted to shine onto public streets or adjacent sites or create a public nuisance.
Flashing, revolving, or intermittent exterior lighting visible from any property line or street
shall be prohibited.
10. Limited Term Permit (PA2023-0202) 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 (“Design Features”): 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 (Significant Restriction of Heavy Bass Equipment), 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:
1. The Property is approximately 0.29-acre 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 Property. The
existing food service use has existed at this site since 1950. 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. 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
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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 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. UP1822 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 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, the Restaurant historically serves the surrounding residential
neighborhood with a higher volume of pedestrian traffic.
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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 Property is categorized as Corridor Commercial (CC) by the General Plan Land Use
Element and is located within the Commercial Corridor (CC) Zoning District. The
Commercial Corridor 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 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. Limited Term Permit (PA2023-0202) 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) 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 also
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. Limited Term
Permit (PA2023-0202) would support 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.
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Coastal Development Permit
In accordance with Section 21.52.015(F) (Coastal Development Permits - Findings and
Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The Property is located in the coastal zone and the proposed improvements require a
CDP in accordance with NBMC Section 21.52.035C.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 consists of minor detached structures including
a canopy with dining tables and chairs. The location of these improvements within an
existing rear yard of a restaurant does not pose a conflict to coastal resources, coastal
access, or other adverse environmental effects.
2. 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.
However, the site is separated from Buck Gully by Hazel Drive and single-family
dwellings. The Project site is approximately 1,400 feet from a public beach. The
temporary patio is located within an existing rear yard area of the existing Restaurant.
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.
3. The Project is complementary to the area; the 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
southwest. The closest coastal viewpoint, as designated in the Local Coastal Land Use
Plan, is at Inspiration Point and approximately 1,400 feet to the southwest.
4. There are no existing City utilities within the expanded outdoor dining area.
5. The Project is not located in an area in which the California Coastal Commission retains
direct permit review or appeal authority.
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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 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 1,300 feet away at Little Corona Beach and the outdoor patio would
not obstruct access along these routes.
2. 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 temporarily expand, 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.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds this Project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant
effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby upholds the Zoning
Administrator’s approval of 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 City Clerk by
the provisions of Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) of the NBMC. Administrative procedures for appeals are provided in
the Chapters 20.64 (Appeals) and 21.64 (Appeals) of the NBMC. The Project 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.
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PASSED, APPROVED, AND ADOPTED THIS 5th DAY OF DECEMBER, 2024.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Mark Rosene, Chair
BY:_________________________
David Salene, Secretary
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EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1. The Project 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 Applicant understands this approval is temporary and this Limited Term Permit
(PA2023-0202) and Coastal Development Permit shall be effective until June 30, 2025,
with a possible extension through December 31, 2025. An extension of time is not
guaranteed. 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 temporary 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.
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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 9 p.m., Monday through Thursday, and beyond 10 p.m., Friday through
Sunday and Federal Holidays.
9. Within 30-days of the effective date of this approval, the Applicant shall apply for a building
permit for all design features, including the sound wall.
10. There shall be no more than four private events with attendance greater than 75 persons
per month.
11. All loading and unloading for the Restaurant and its temporary expanded outdoor area
shall occur from Poppy Avenue.
12. Immediately before the start and after the conclusion of any private events, the Applicant
shall take reasonable steps to discourage attendees from loitering on Poppy Avenue or
Hazel Drive.
13. Lighting shall be in compliance with applicable standards of the NBMC including Section
20.30.070 (Outdoor Lighting). Exterior on-site lighting shall be shielded and confined within
site boundaries. No direct rays or glare are permitted to shine onto public streets or
adjacent sites or create a public nuisance. Flashing, revolving, or intermittent exterior
lighting visible from any property line or street shall be prohibited.
14. 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.
15. 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.
16. The sale of alcohol “To-Go” to patrons that dine within the expanded outdoor patios shall
be prohibited.
17. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
18. 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.
19. The Community Development Director or its designee may inspect the modified area at
any time during normal business hours.
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20. The Project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
21. 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 Limited Term
Permit (PA2023-0202).
22. This Limited Term Permit (PA2023-0202) may be modified or revoked by the Planning
Commission 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.
23. 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.
24. 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 NBMC.
25. 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.
26. No outside paging system shall be utilized in conjunction with this establishment.
27. The exterior of the business shall be always maintained free of litter and graffiti. The
Applicant 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.
28. 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.
29. 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 and the Coastal Development Permit. This indemnification
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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
30. 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 per the Fire Code Official.
31. 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.
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Building Division
32. 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.
33. 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.
34. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above
the finish floor.
35. 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.
36. 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.
37. Accessible routes, including under canopy(ies) and other overhead improvements shall
maintain a minimum clear height of 80 inches.
38. 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
39. 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.
40. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
41. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
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Attachment No. PC 2
Use Permit No. 1822
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Attachment No. PC 3
July 25, 2024 Zoning Administrator
Minutes
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single-unit dwelling. The project also includes landscaping and hardscape. The project site is located in the R-
1 Zoning and Coastal Zoning District. The project is compliant with all development standards including floor
area limits, setbacks, heights, and off-street parking. The proposed design, bulk, and scale of developments
are consistent with the existing neighborhood pattern of development.
Assistant Planner Orozco added that the finished floor elevation of the project is 13.31 feet (NAVD88), which
complies with the minimum 9-foot elevation standard. A construction pollution prevention plan is provided. The
project does not involve a change in land use, density or intensity that would result in an increased demand on
public access and recreation opportunities. The project site does not currently provide public access. Vertical
and lateral access to the bay is available adjacent to the Bayshore Community at the Balboa Bay Club,
immediately north of the Bayshore Community. The project site is not located adjacent to a coastal view road,
public viewpoint, public park, or beach as identified in the Coastal Land Use Plan. The project is categorically
exempt from CEQA under Class 1.
Assistant Planner Orozco addressed minor edits to the draft resolution to provide consistency across square
footages listed.
Staff recommends approval of the Coastal Development Permit with Conditions of Approval from the draft
resolution and the proposed revisions to the resolution.
Applicant Shelley Starr, who is the property owner, stated that she had reviewed the draft resolution and agrees
with all the required conditions.
Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Action: Approved as amended
ITEM NO. 4 Five Crowns Limited Term Permit and Coastal Development Permit (PA2023-0202)
Site Location: 3801 East Coast Highway Council District 6
Liz Westmoreland, Senior Planner, on behalf of Melinda Whelan, Assistant Planner, stated the request is for a
limited term permit and coastal development permit to allow the continued use of a temporary outdoor dining
patio with live entertainment. The Limited Term Permit would allow the use of an expanded dining area and
live entertainment and events within the area. Senior Planner Westmoreland stated that although private events
are discussed in the resolution and staff report, the Limited Term Permit is required to specifically address the
use of the outdoor dining area and live entertainment within that expanded patio area. Limited term permits
have been in use for temporary outdoor dining since COVID-19 and the related emergency orders. This is
consistent with other limited term permits in this respect. The limited term permit would authorize the use of the
area for about five months and expire in December 2024. The applicant would be able to request an extension;
however, it would have to be granted through the Zoning Administrator if approved today. If the applicant would
like to maintain it on a permanent basis, an amendment to the Conditional Use Permit would need to be
approved by the Planning Commission.
Two noise analyses were provided to support the request. The noise reports include design features that would
reduce the noise levels to comply with City standards. The project has been conditioned to comply with the
design features including the construction of a sound wall around the rear patio area. These design features
are generally enforceable as conditions because it is clear whether the improvements are installed or not. If the
sound levels were to exceed City standards, the limited term permit and coastal development permit would not
supersede the noise ordinance which requires compliance with the City decibel standards.
There are facts and findings in the resolution related to the Limited Term Permit and Coastal Development
Permit for a temporary use. The off-site parking lot is large enough to support a temporary increase in the area
where the patrons are dining. Senior Planner Westmoreland addressed the unique features of the project and
the substantial parking pool the property has in comparison to other properties in Corona del Mar. She also
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addressed AB1217 which provides cities with flexibility to authorize outdoor uses without providing additional
parking on site.
Several emails and a comment letter were received from a resident with concerns related to the project. The
City also received one verbal comment from a resident related to parking, which was addressed earlier in the
presentation. Senior Planner Westmoreland gave an overview of the comments received which included
concerns related to errors in the staff report, noise, errors in the noise study, CEQA exemption, design features,
operating without a permit, outdoor patio, and comments on trash and other nuisances. A memorandum was
prepared by staff earlier in the week with conditions of approval that should be added to the resolution.
Zoning Administrator Zdeba opened the public hearing.
CEO and operator of Five Crowns, Ryan Wilson, described the family history of Five Crowns and emphasized
the commitment of being good stewards to the neighborhood while making continued investments into the
facilities.
Michael Torres, applicant’s representative, stated that he had reviewed the draft resolution and agrees with all
the required conditions.
Zoning Administrator Zdeba asked for clarification on the frequency of private events at the restaurant and the
150-200 private events and weddings per year listed on their website. Mr. Wilson clarified that the number
included events that are interior to the restaurant and there will not be 200 additional events in this outdoor
space. In response to an inquiry from Zoning Administrator Zdeba, Mr. Wilson and Mr. Torres agreed that large
private events of 75 people or more would be capped at four per month.
Zoning Administrator Zdeba also asked about an online brochure advertising private events and capacity for
each part of the restaurant, including a full buyout accommodating 200 people. He mentioned the published
noise study which assumed 60 guests with amplified sound for the purposes of the study model and asked to
clarify the amount of people to be accommodated in the outdoor space. Mr. Torres clarified that it would not be
possible to accommodate that many people on the outdoor patio. Zoning Administrator Zdeba asked about the
timeline for construction of the sound wall if approval is granted. Mr. Wilson stated they are ready to submit
permitting and would begin construction around mid-October.
In response to a question from Zoning Administrator Zdeba about parking, Mr. Wilson stated that valet is always
available at night. Daytime events are up to the host as to if they want to offer valet; however, he confirmed he
recommends valet parking for larger events. In response to the Zoning Administrator’s comment on the
brochure about volume level management during an event, Mr. Wilson clarified that they have been monitoring
the sound levels more closely due to a citation that was issued and vacated in September 2023. He also shared
that they changed the location of the noise source.
Zoning Administrator Zdeba asked the applicant’s noise study engineer about the concerns raised by public
correspondence related to the noise study. Bryan Estrada, representative from RK Engineering Group,
responded to the comment letter and the discrepancy in what a private event and wedding might generate in
terms of noise. Mr. Estrada clarified that the focus on the study is to provide guidelines for the project to comply
with noise standards. To comply with the guidelines of the noise study, the project would need to construct a
property line wall, place speakers in certain locations, and limit noise on the patio to specified levels. By
complying with the restrictions and guidelines of the noise study, the project would comply with the City’s noise
standards.
One member of the public, Ken Catanzarite, expressed concerns regarding the applicant’s noise study and
specifically how the study did not address the second and third floor of the adjacent property. He mentioned a
continuance was requested for more time to meet with the applicant and review the materials. Mr. Catanzarite
stated there is room for misconduct with the operator’s amplification equipment. Mr. Catanzarite also opposed
the CEQA exemption for the project. He stated that there are no other businesses in CDM with large events.
He stated that the project did not address the 8:00 p.m. limitation from the City’s ordinance for amplified sound.
He requested that if the project is approved that the events should be limited to four days a month, amplified
sound limited to 8:00 p.m., no parking on Hazel Drive, no events with more than 60 people, and continuous
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monitoring. Mr. Catanzarite reiterated his concerns regarding impacts to neighbors and emphasized his
requested continuance for 30-days.
A second member of the public, Joan Oldfield, spoke and stated opposition to the noise study for the project.
She has concerns regarding the level of the music, congestion on Hazel Drive, capacity on the patio, and
supported the previous speaker’s requested continuance.
A third member of the public, Kim Catanzarite, spoke and described her tenant’s concerns with noise at her
property coming from the restaurant, especially due to the kids on the property.
Mr. Torres addressed the public comments. He mentioned that outreach was performed by Mr. Wilson to the
Catanzarites and Mr. Wilson is sensitive to the concerns of the public comment speakers. He referenced the
costs that will be required to implement the noise mitigation measures and emphasized the applicant is
committed to being good neighbors. They are available to address concerns to the public after the public
hearing. Mr. Torres clarifies that there is an exemption for the project from NBMC 10.32.060 (Subsection E) for
the 8:00 p.m. closing time.
Mr. Estrada stated that the sound study conducted was consistent with the industry standards for evaluating
exterior noise.
Mr. Torres reiterated that the applicant is open to limiting the large events to four large events per month for 75
or more people. The applicant intends to process the permit applications and is committed to complying to the
City Municipal Code.
Zoning Administrator Zdeba closed the public hearing.
Zoning Administrator Zdeba asked Senior Planner Westmoreland to clarify the CEQA exemptions and the inter-
department review process with the Fire Marshal and Building Division.
Zoning Administrator Zdeba addressed the unique aspects of the land use, challenges of commercial uses
near residential areas especially in Corona del Mar, and the temporary basis of the Limited Term Permit which
would allow the use for about 5 months. He also addressed that there is no guarantee of an extension and that
it would be based on the applicant’s operating behavior. He clarified that the 8:00 p.m. cutoff for amplified sound
applies to special event permits and is not part of land use entitlements.
Zoning Administrator Zdeba stated his concerns regarding the timing of the additional noise analysis being
released the week of the meeting. He stated that there needs to be more refined analysis and rebuttal of the
peer review provided by the commenter. Due to the late correspondence by both the applicant and the public,
Zoning Administrator Zdeba opted to continue the item to the August 15, 2024, Zoning Administrator meeting
to give the applicant two weeks to address the concerns raised by the public and to come back with concrete
figures on the number of events and people per month. He reiterated that the application is for a temporary
use, and while he wants the business to be successful, it is important to maintain land use compatibility.
Action: Continued to the August 15, 2024, Zoning Administrator meeting.
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
VI. ADJOURNMENT
The hearing was adjourned at 10:51 a.m.
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Attachment No. PC 4
Updated Noise Report and Response to
Comment Letter dated August 5, 2024 by
RK Engineering, Inc.
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August 5, 2024
Mr. Ryan O’Melveny Wilson
FIVE CROWNS
3801 East Coast Highway
Corona Del Mar, CA 92625
Subject: Five Crowns Restaurant Private Event Noise Analysis, City of
Newport Beach
Dear Mr. Wilson:
1.0 Introduction
RK ENGINEERING GROUP, INC. (RK) is pleased to provide the following noise analysis for
the Five Crowns Restaurant, 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 (hereinafter referred to as “project”). The outdoor
patio area is approximately 1,300 square feet and is enclosed by a 5-foot-high property line
wall, with a portion of the wall fitted with glass panels on top. The patio features a 30-foot
by 15-foot canvas patio cover and dense shrubs along a portion of the exterior wall to help
shield it from the neighboring residential homes located along Hazel Drive. The project is
proposing to install a new windscreen along the southeastern and southwestern outdoor
patio boundaries, extending the height of the existing property line wall.
The project proposes to host private events in the outdoor patio area during daytime hours
(7:00 a.m. to 10:00 p.m.). Private events may include weddings, banquets, and receptions
with live or amplified music, DJs, and dancing.
The purpose of the RK Noise Analysis is to demonstrate that, with the implementation of
the project design features, noise levels from the project will not exceed the City of
Newport Beach noise standards at the adjacent residential properties. The Noise Analysis
assumes all project design features will be implemented, as agreed to by the project.
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Noise impacts from the proposed private events are modeled at the adjacent residential
homes located southeast of the project site on the opposite side of Hazal Drive,
approximately 40 feet from the project’s existing property line wall.
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 (of the Noise Analysis). The
barrier shielding will be at least 3.5 pounds per square foot of face area
without decorative cutouts or line-of-sight openings between shielded areas.
Any gaps will be filled with grout or caulking to avoid noise flanking. The
noise control barrier may be constructed using one, or any combination of
the following materials:
• Concrete Masonry Unit (CMU) block.
• Stucco veneer over wood framing (or foam core), or 1-inch-thick tongue
and groove wood of sufficient weight per square foot.
• Outdoor rated acoustical paneling with sufficient weight per square foot.
• Transparent glass (5/8-inch-thick), acrylic, polycarbonate, or other
transparent material with sufficient weight per square foot.
DF-2 For proper acoustical performance, the rear gate on Hazel Drive will be
replaced with one that meets the necessary design requirements described
above. The new barrier wall will enclose the space above the gate, up to 10
feet high, and the gate will have a positive seal, free of gaps on all sides, and
remain shut during events except to allow emergency access.
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DF-3 The project will install outdoor acoustical paneling with sound absorbative
materials along the ceiling of the covered patio area.
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.
DF-5 During a private event, all speakers will be located under the covered patio
and will be located at least 5 feet away from the property line wall along
Hazel Drive. Speakers will be placed no more than 5 feet above ground level
and face towards the interior of the site.
DF-6 The use of heavy bass equipment, including drums, amplified bass guitars,
and subwoofers will be significantly restricted such that low frequency noise
levels shall not be perceptible outside the property line. DJs will need to use
equalizer filters, speaker limiters, or other means to attenuate low frequency
noise and cap the maximum signal volume. Low frequency noise (i.e. bass
noise) tends to propagate further distances and can penetrate through walls
and windows more easily than higher frequencies. Therefore, the project will
take special care to reduce low frequency noise levels to the surrounding
community.
DF-7 A noise monitoring program will be implemented during all private outdoor
events. The project will engage a professional engineering firm that
specializes in acoustics to help establish and train staff on how to effectively
conduct noise measurements and run the noise monitoring program. The
project will obtain and utilize certified type-2 sound level meters per the City
of Newport Beach and ANSI specifications for noise measurements. Noise
meters will be calibrated before each use and annual professional equipment
certification and calibration will be performed. Based on this noise analysis,
noise levels on the patio should not exceed 80.0 dBA Leq, when measured
for a 15-minute period, or 100 dBA Lmax at any time.
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2.0 City of Newport Beach Noise Standards
The City of Newport Beach establishes interior and exterior noise levels in Chapter 10.26 of
the City’s Municipal Code, as described below.
2.1 Exterior Noise Standards
The following exterior noise standards are prescribed in the City of Newport Beach
Municipal Code Section 10.26.025 – Exterior Noise Standards:
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;
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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.
2.2 Interior Noise Standards
The following interior noise standards are prescribed in the City of Newport Beach
Municipal Code Section 10.26.030 – Interior Noise Standards:
A. The following noise standard, unless otherwise specifically indicated, shall apply to
all residential property within all noise zones:
Table 2
Allowable Interior 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 Residential 45 dBA 40 dBA
III Residential portions of mixed-use
properties 45 dBA 40 dBA
1 Source: City of Newport Beach Municipal Code Section 10.26.030 – Interior Noise Standards.
If the ambient noise level exceeds the resulting standard, the ambient shall be the
standard.
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B. It shall be 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 a person which causes the
noise level when measured on any other property, to exceed either of the following:
1. The noise standard for the applicable zone for any fifteen-minute period;
2. A maximum instantaneous noise level equal to the value of the noise
standard plus twenty (20) dBA for any period of time (measured using A-
weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the noise standard
applicable to 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 a boundary between two different noise zones,
the lower noise level standard applicable to the noise zone shall apply.
3.0 Noise Modeling Procedures and Criteria
3.1 Stationary Noise Source Modeling
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.
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The sides of buildings, walls, etc. were modeled as reflective surfaces and also as diffractive
bodies. Most of the ground within the project site and adjacent areas are paved roads and
residential yards and are modeled as a hard site (Ground Factor = 0). The Effective Flow
Resistivity for field grass is the SoundPLAN default. The elevation profile for the project site
is derived from Google Earth. Receptors are placed at 5 feet above ground level.
Sound Power and Sound Pressure Level
Sound power level is the acoustic energy emitted by a source which produces a sound
pressure level at some distance. While the sound power level of a source is fixed, the sound
presser level depends upon the distance from the source and the acoustic characteristics of
the area in which it is located.
SoundPLANTM requires that the source noise level be input using a sound power level which
must be back calculated based on a measured sound pressure level. The sound power level
is calculated using SoundPLAN software by calibrating the source noise level to equal the
sound pressure level at an equal distance from the source in which the referenced
measurement was taken.
3.2 Maximum Allowable Private Event Noise Levels
Noise levels were modeled under a “Private Events” scenario. This scenario depicts the
maximum noise levels permitted during outdoor private events.
Project-related noise was modeled under each scenario utilizing the referenced noise levels
described in the sections below. The referenced noise levels were input into the
SoundPLANTM model and projected from the source to the receptor locations. The model
projections take into account the noise attenuation effects from distance, local topography,
ground effects, and physical barriers to arrive at the predicted noise levels at the receptor
locations.
The proposed project will be required to regulate private event operations, and implement
several project design features, to ensure noise levels do not exceed the City of Newport
Beach noise standards. Based on this analysis, the following maximum allowable noise
levels have been utilized to assess noise level impacts under the “Private Events” scenario.
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Table 3
Maximum Allowable Noise Levels – “Private Events” Conditions1
Source
Distance from Noise
Source
(feet)
Noise Levels
(dBA)
Leq Lmax
Outdoor Patio Noise
(“Private Events” Scenario) 3.0 80.0 100.0
1 The proposed project will implement an on-going noise monitoring program to determine the maximum
noise levels for speakers and private events allowed on the patio. Based on this preliminary analysis, noise
levels on the patio should not exceed 80.0 dBA Leq, when measured for a 15-minute period, or 100 dBA
Lmax at any time, when measured 3 feet from the source.
3.3 Interior Noise Modeling
The interior noise level is the difference between the projected exterior noise level at the
structure’s façade and the noise reduction provided by the structure itself. Typical building
construction will provide a conservative 12 dBA noise level reduction with a “windows
open” condition and a very conservative 20 dBA noise level reduction with “windows
closed”. The interior noise level is estimated by subtracting the building shell design from
the estimated exterior noise level.
It is assumed that the residential receptors adjacent to the project site are constructed to
allow for “windows open” conditions. Hence, for the purposes of this analysis, interior
noise at the adjacent receptors is assessed using a conservative 12 dBA noise level
reduction.
The interior noise analysis is based on industry standards for building noise reduction
established by the Federal Highway Administration (FHWA), the 2013 Caltrans Technical
Noise Supplement to the Traffic Noise Analysis Protocol (TeNS), the California Office of
Noise Control Catalog of STC and IIC Ratings for Wall and Floor/Ceiling Assemblies, and the
California Building Standards Code, Title 24.
4.0 Noise Modeling Results
Noise impacts under the “Private Events” scenario are assessed at the property lines of the
five (5) nearest residential homes to the project site. The project will be required to comply
with the City of Newport Beach noise standards of 55.0 dBA Leq and 75.0 dBA Lmax.
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4.1 Exterior Noise Levels - “Private Events” Scenario
Tables 3 and 4 show the projected exterior noise impacts at the adjacent residential
property lines under the “Private Events” Scenario. As shown in the tables below, the
project is not expected to exceed the City of Newport Beach daytime exterior noise
standards of 55.0 dBA Leq and 75.0 dBA Lmax.
Appendix C provides the noise calculation sheets for the “Private Events” scenario, and the
results are graphically illustrated in Exhibits C through F.
Table 4
Exterior Noise Levels at Receptors (dBA Leq) – “Private Events” Scenario
Receptor Address
Project Noise
Contribution
(dBA Leq)
City of Newport
Beach Noise Level
Criteria (dBA Leq)
Noise Level Exceeds
Standard
(?)
1 3901 East Coast Hwy. 44.4
55.0
No
2 3901 East Coast Hwy. 53.6 No
3 352 Hazel Dr. 52.8 No
4 352 Hazel Dr.
(3rd Floor Balcony) 53.9 No
5 344 Hazel Dr. 48.8 No
6 340 Hazel Dr. 47.5 No
Table 5
Exterior Noise Levels at Receptors (dBA Lmax) – “Private Events” Scenario
Receptor Address
Project Noise
Contribution
(dBA Lmax)
City of Newport
Beach Noise Level
Criteria (dBA Lmax)
Noise Level Exceeds
Standard
(?)
1 3901 East Coast Hwy. 64.4
75.0
No
2 3901 East Coast Hwy. 73.6 No
3 352 Hazel Dr. 72.8 No
4 352 Hazel Dr.
(3rd Floor Balcony) 74.5 No
5 344 Hazel Dr. 68.8 No
6 340 Hazel Dr. 67.5 No
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4.2 Interior Noise Levels - “Private Events” Scenario
Tables 3 and 4 show the projected interior noise impacts at the adjacent residential
receptors under the “Private Events” Scenario. As shown in the tables below, the project is
not expected to exceed the City of Newport Beach daytime interior noise standards of 45.0
dBA Leq or 65.0 dBA Lmax.
Table 6
Interior Noise Levels at Receptors (dBA Leq) – “Private Events” Scenario
Receptor Address Interior Noise
Level1
City of Newport
Beach Noise Level
Criteria (dBA Leq)
Noise Level
Exceeds Standard
(?)
1 3901 East Coast Hwy. 32.4
45.0
No
2 3901 East Coast Hwy. 41.6 No
3 352 Hazel Dr. 40.8 No
4 352 Hazel Dr.
(3rd Floor Balcony) 41.9 No
5 344 Hazel Dr. 36.8 No
6 340 Hazel Dr. 35.5 No
1 Interior noise levels assume a “windows open” condition and a conservative reduction of 12 dB from
exterior noise levels based on industry standards.
Table 7
Interior Noise Levels at Receptors (dBA Lmax) – “Private Events” Scenario
Receptor Address Interior Noise
Level1
City of Newport
Beach Noise Level
Criteria (dBA Leq)
Noise Level
Exceeds Standard
(?)
1 3901 East Coast Hwy. 52.4
65.0
No
2 3901 East Coast Hwy. 61.6 No
3 352 Hazel Dr. 60.8 No
4 352 Hazel Dr.
(3rd Floor Balcony) 62.5 No
5 344 Hazel Dr. 56.8 No
6 340 Hazel Dr. 55.5 No
1 Interior noise levels assume a “windows open” condition and a conservative reduction of 12 dB from
exterior noise levels based on industry standards.
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4.3 Summary of Results
Tables 3 through 7 show that, with the implementation of the design features described in
Section 1.1, the proposed project will not exceed the City of Newport Beach noise
standards under the “Private Events” scenario.
It should be noted that although the noise generated by private events is not expected to
exceed the City’s noise ordinance, noise levels may still be audible from the surrounding
residential properties, which is not unusual.
5.0 Conclusions
Based on the results of this analysis, noise levels associated with the private event
operations at the Five Crowns Restaurant can comply with the City of Newport Beach
residential noise standards of 55.0 dBA Leq and 75.0 dBA Lmax with the implementation
of the design features described in Section 1.1 of this report.
RK is pleased to assist the FIVE CROWNS with this noise evaluation. If you have any
questions regarding this study, please call us at (949) 474-0809.
Sincerely,
RK ENGINEERING GROUP, INC.
Bryan Estrada, AICP Becca Morrison
Principal Environmental Specialist
Attachments
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______________________________________________________________________
______________________________________________________________________________
Attachments
60
engineering
group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA
3118-2023-02 engineering
Location Map
Exhibit A
Legend:
= Project Site
= Project Site Boundary
N
Residential Receptors
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engineering
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Site Plan
Exhibit B-1
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Exhibit B-2
Proposed Wall Heights
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FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA 63
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group, inc.FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA
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Operational Noise Levels (dBA Leq) - "Private Events" Scenario
Exhibit G
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Operational Noise Contours (dBA Leq) - "Private Events" Scenario
Exhibit D
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Operational Noise Levels (dBA Lmax) - "Private Events" Scenario
Exhibit E
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Operational Noise Contours (dBA Lmax) - "Private Events" Scenario
Exhibit F
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Appendix A
City of Newport Beach Municipal Code
Chapter 10.26 – Community Noise Control
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73
74
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77
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Appendix B
Field Sheets and Photographs
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Project:Engineer:B. Morrison Date:09/23/2023
JN:3118-2023-02
Measurement Address:City:Site No.:
3801 East Coast Highway Newport Beach, CA
Sound Level Meter:Calibration Record:Conditions:
Piccolo II Input, dB/ Time
Serial # 40042 1 114.0 2:39 p.m.Temp (Deg. F.):
P0222082204 2 //Windspeed:
P0222082205 3 //Direction:
Calibrator:4//Skies:
BSWA 5 //
Serial # 21387
500732
Notes:Measurement Type:
= Noise
Monitoring
Location
High: 80; Low:68
Clear
9 m.p.h.
Varies
Field Sheet
1
Meter Settings:
Five Crowns Restaurant Nois
Mitigation Analysis
Noise measurements were taken at 15-minute intervals from 2:45 p.m. to 10:30 p.m. on September 23, 2023
during the setup and operation of an outdoor wedding event.
A-WTD
C-WTD
LINEAR
IMPULSE
SLOW
FAST
1/1 OCT
1/3 OCT
_15_ MINUTE INTERVALS
L(N) PERCENTILE VALUES
Long-term
Short-term
1
1
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Project:Engineer:B. Morrison Date:09/23/2023
JN:3118-2023-02
Measurement Address:City:Location No.:
Newport Beach, CA
47.0
Field Sheet - Photos (L-1)
Five Crowns Restaurant Noise
Mitigation Analysis
1Noise Monitoring Location 1 (L-1) was taken within the restaurant patio,
approximately 3 feet from the DJ station and speakers.
Meter 1
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Measurement Address:City:Location No.:
Newport Beach, CA
Start Time Stop Time Leq Lmax Lmin L2 L8 L25 L50
2:45 PM 3:00 PM 62.7 73.9 49.4 70.0 66.9 63.4 60.5
3:00 PM 3:15 PM 66.7 84.7 55.1 74.7 69.2 65.6 63.3
3:15 PM 3:30 PM 65.7 84.9 51.6 74.3 66.2 62.2 60.7
3:30 PM 3:45 PM 69.4 86.7 52.7 78.7 73.6 68.0 64.5
3:45 PM 4:00 PM 68.2 83.8 53.7 77.1 72.5 67.8 62.6
4:00 PM 4:15 PM 65.7 76.6 54.6 72.3 69.8 66.5 63.1
4:15 PM 4:30 PM 78.3 88.6 54.1 85.3 84.0 80.1 67.4
4:30 PM 4:45 PM 81.4 90.6 65.0 87.1 85.2 83.5 79.2
4:45 PM 5:00 PM 77.0 85.9 65.5 81.0 79.4 78.0 76.7
5:00 PM 5:15 PM 85.8 94.3 56.5 92.6 90.2 87.6 82.9
5:15 PM 5:30 PM 88.5 106.0 52.1 97.0 94.2 86.3 84.2
5:30 PM 5:45 PM 86.2 93.0 73.3 89.8 88.9 87.2 85.7
5:45 PM 6:00 PM 86.1 93.4 73.2 89.0 88.2 87.3 85.8
6:00 PM 6:15 PM 85.3 91.4 76.9 88.1 87.2 86.2 85.0
6:15 PM 6:30 PM 84.8 90.8 68.4 88.0 86.9 85.7 84.6
6:30 PM 6:45 PM 92.1 108.0 59.1 101.7 97.5 90.4 82.0
6:45 PM 7:00 PM 82.4 88.8 63.3 87.3 86.0 83.7 81.6
7:00 PM 7:15 PM 90.8 110.4 65.5 100.2 94.9 89.0 84.2
7:15 PM 7:30 PM 87.4 102.4 70.0 96.8 92.2 86.0 80.6
7:30 PM 7:45 PM 79.2 87.0 67.1 82.8 81.7 80.4 78.7
7:45 PM 8:00 PM 77.9 85.4 66.4 81.6 80.3 78.8 77.5
8:00 PM 8:15 PM 79.2 84.1 67.0 82.2 81.3 80.1 78.9
8:15 PM 8:30 PM 91.7 104.4 65.4 98.3 95.4 93.7 88.0
8:30 PM 8:45 PM 97.8 103.9 90.7 102.0 100.4 98.6 97.1
8:45 PM 9:00 PM 96.4 106.1 90.3 100.1 98.7 97.2 95.9
9:00 PM 9:15 PM 93 101 82.7 97.6 96.3 94.3 92.1
9:15 PM 9:30 PM 89.3 97 80.9 93.0 91.7 90.4 88.6
9:30 PM 9:45 PM 89.6 98.4 78.7 94.0 92.1 90.5 88.7
9:45 PM 10:00 PM 90.0 101.2 74.1 96.9 93.3 90.4 88.3
10:00 PM 10:15 PM 78.5 90.4 63.1 86.7 83.0 78.6 75.0
L-1
(DJ Station)
Field Sheet - L-1 Data
Five Crowns Restaurant Noise
Mitigation Analysis
1
Scenario
Noise Monitoring Location 1 (L-1) was taken within the restaurant patio,
approximately 3 feet from the DJ station and speakers.
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Appendix C
SoundPLANTM Noise Calculations Worksheets
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Level
Source name Traffic lane Day Night
dB(A)
1 1.Fl 44.4 44.4
Private Event Noise -44.4 44.4
2 1.Fl 53.6 53.6
Private Event Noise -53.6 53.6
3 1.Fl 52.8 52.8
Private Event Noise -52.8 52.8
3 (Balcony)1.Fl 53.9 53.9
Private Event Noise -53.9 53.9
4 1.Fl 48.8 48.8
Private Event Noise -48.8 48.8
5 1.Fl 47.5 47.5
Private Event Noise -47.5 47.5
Contribution levels of the receivers
RK Engineering Group Inc.
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Level
Source name Traffic lane Day Night
dB(A)
1 1.Fl 64.4 64.4
Private Event Noise -64.4 64.4
2 1.Fl 73.6 73.6
Private Event Noise -73.6 73.6
3 1.Fl 72.8 72.8
Private Event Noise -72.8 72.8
3 (Balcony)1.Fl 74.5 74.5
Private Event Noise -74.5 74.5
4 1.Fl 68.8 68.8
Private Event Noise -68.8 68.8
5 1.Fl 67.5 67.5
Private Event Noise -67.5 67.5
Contribution levels of the receivers
RK Engineering Group Inc.
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August 5, 2024
Mr. Ryan O’Melveny Wilson
FIVE CROWNS
3801 East Coast Highway
Corona Del Mar, CA 92625
Subject: Response to Comment Letter - Five Crowns Restaurant Noise
Analysis, City of Newport Beach
Dear Mr. Wilson:
RK Engineering Group, Inc. (RK) would like to provide the following response to the July
24, 2024, letter from the Catanzarite Law Corporation and their concerns regarding the
Five Crowns Temporary Outdoor Dining Limited Term Permit. We appreciate the
opportunity to address the concerns and provide clarification on the noise analyses
prepared by RK.
RK has updated the Five Crowns Restaurant Private Event Noise Analysis (Noise Analysis) to
address the concerns raised by Mr. Catanzarite and MD Acoustics. The latest updated
report is now dated August 5, 2024.
The following responses to comments are provided:
1. Purpose of the RK Study: The purpose of the RK Noise Analysis is to demonstrate
that, with the implementation of the project design features, noise levels from the
Five Crowns Limited Term Permit (project) will not exceed the City of Newport Beach
noise standards at the adjacent residential properties.
RK has been involved with the Five Crowns project for more than a year and has
conducted extensive analyses of the project’s operations during this time. RK has
performed multiple site visits and monitored noise levels on multiple occasions both
on the project site and near adjacent residential homes. The Noise Analysis uses
advanced 3D noise modeling software, which has been validated based on actual
field measurements, the built environment, and topography, to predict noise levels
within the surrounding community.
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The assertion that the RK report underestimated noise levels is incorrect. The Noise
Analysis depicts the maximum permissible noise levels that can be generated by the
project to comply with the Newport Beach noise standards. The Noise Analysis
assumes all project design features will be implemented, as agreed to by the project.
RK acknowledges that unregulated private events with live and amplified music have
the potential to generate noise levels louder than the maximum permissible levels.
However, the purpose of the Noise Analysis was not to analyze the loudest potential
noise from a private event or loudspeaker, but rather to help design a project that
will comply with the City of Newport Beach noise standards. To do this, the project
has agreed to modify their operations and regulate its noise levels through extensive
design features aimed at limiting noise. It is the modified and regulated noise levels
which are analyzed in the Noise Analysis.
2. Design Features for Reducing Noise: The following updated list of project
design features is now proposed and will be implemented by the project. Through
the implementation of the design features, the project will comply with the City of
Newport Beach Community Noise Control standards.
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 (of the Noise
Analysis). 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.
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DF-2 For proper acoustical performance, the rear gate on Hazel Drive will be
replaced with one that meets the necessary design requirements described
above. The new barrier wall will enclose the space above the gate, up to 10
feet high, and the gate will have a positive seal, free of gaps on all sides,
and remain shut during events except to allow emergency access.
DF-3 The project will install outdoor acoustical paneling with sound absorbative
materials along the ceiling of the covered patio area.
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.
DF-5 During a private event, all speakers will be located under the covered patio
and will be located at least 5 feet away from the property line wall along
Hazel Drive. Speakers will be placed no more than 5 feet above ground
level and face towards the interior of the site.
DF-6 The use of heavy bass equipment, including drums, amplified bass guitars,
and subwoofers will be significantly restricted such that low frequency
noise levels shall not be perceptible outside the property line. DJs will need
to use equalizer filters, speaker limiters, or other means to attenuate low
frequency noise and cap the maximum signal volume. Low frequency noise
(i.e. bass noise) tends to propagate further distances and can penetrate
through walls and windows more easily than higher frequencies. Therefore,
the project will take special care to reduce low frequency noise levels to the
surrounding community.
DF-7 A noise monitoring program will be implemented during all private
outdoor events. The project will engage a professional engineering firm
that specializes in acoustics to help establish and train staff on how to
effectively conduct noise measurements and run the noise monitoring
program. The project will obtain and utilize certified type-2 sound level
meters per the City of Newport Beach and ANSI specifications for noise
measurements. Noise meters will be calibrated before each use and annual
professional equipment certification and calibration will be performed.
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Based on this noise analysis, noise levels on the patio should not exceed
80.0 dBA Leq, when measured for a 15-minute period, or 100 dBA Lmax at
any time.
3. 3rd Floor Balcony Noise Receptor: The Noise Analysis has been updated to show
the noise level impacts at a receptor on the 3rd-floor balcony at 352 Hazel Drive.
Based on the results of the noise analysis, the outdoor balcony noise levels will be
below the City of Newport Beach Noise Standards.
4. Interior Noise Levels: The Noise Analysis has been updated to show the estimated
noise level impacts at the interiors of the residential receptors. Based on the results
of the noise analysis, the interior noise levels will be below the City of Newport
Beach Noise Standards.
5. Occupancy Limits and Noise Levels: The issue of limiting the number of guests
at private events was raised as a means of controlling noise levels. However, it is
important to note 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. For
example, a lively event with 20 people could generate more noise than an event
with 100 people, depending on the volume of the music played and the types of
activities. Therefore, by capping the maximum permissible noise levels, the project
will ensure compliance with the noise standards, regardless of the number of
attendees.
We hope this response clarifies our approach and further reinforces the noise mitigation
measures the project will implement to reduce its noise levels. If you have any questions
regarding this study, please do not hesitate to contact us at (949) 474-0809.
Sincerely,
RK ENGINEERING GROUP, INC.
Bryan Estrada, AICP
Principal
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Attachment No. PC 5
August 15, 2024 Zoning Administrator
Hearing Minutes
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Applicant Diane Barsam, who is also the property owner, stated that she had reviewed the draft resolution and
agrees with all the required conditions.
Zoning Administrator Zdeba opened the public hearing. Seeing that no one from the public wished to comment,
the public hearing was closed.
Action: Approved as amended
ITEM NO. 3 Five Crowns Limited Term Permit and Coastal Development Permit (PA2023-0202)
Site Location: 3801 East Coast Highway Council District 6
Liz Westmoreland, Senior Planner, on behalf of Melinda Whelan, Assistant Planner, provided a brief project
description stating the item was continued from the July 25 Zoning Administrator hearing and is a limited term
permit for an expanded outdoor dining patio at the Five Crowns Restaurant. The continuance allowed staff and
the applicant additional time to address comments related to noise, design features, and other project-related
issues. The applicant provided an additional noise report that addressed comments made from the previous
meeting and a response to comments document. A modification to Design Feature No. 6 was included to limit
equipment that emits low frequency sound, while Design Feature No. 7 was modified to require staff to monitor
sound with professional support.
Senior Planner Westmoreland addressed public comments that were received. The Catanzarite Law firm
commented on behalf of adjacent property owners. These comments were related to concerns of adequacy of
the noise study, use of limited term permits to authorize the use, amplified sound, etc. The comments included
two videos. Senior Planner Westmoreland described the content of the videos for the record indicating that the
recorder of the video was located either on the street on Hazel or on the residential sidewalk adjacent to Hazel
with the gate to Five Crowns patio visible. In the video, music was emanating from the patio, voices of the
patrons were audible, and the gate was ajar. She could not discern the sound level but could confirm that the
noise was audible in the video. Flashing and colorful lights can be seen intermittently in the video; therefore,
she added a condition of approval in relation to outdoor lighting prohibiting flashing lights trespassing on
adjacent areas pursuant to NBMC 10.30.070 (Outdoor Lighting). A comment was made questioning the CEQA
exemption and classification. She clarified the existing use of the property as a restaurant, not the existing
outdoor patio.
Comments made by Jim Mosher were addressed and Senior Planner Westmoreland accepted the minor
technical changes that were suggested for incorporation into the resolution. Comments were also made
regarding a policy in the general plan. She responded that the policy still applies, although staff understands
the concerns about dilution of implementation items over time.
Comments were also received on Section 10.28 of NBMC (Loud and Unreasonable Noise) in which the section
applies to time, place and manner restrictions to noise. Senior Planner Westmoreland provided an example
scenario where noise may not exceed sound levels but would still be considered unreasonable.
Senior Planner Westmoreland added a condition to limit the number of private events of over 75 people to four
times a month. This was previously agreed to by the applicant and would reduce the amount of congestion and
activity at the site.
Zoning Administrator Zdeba opened the public hearing.
Applicant Ryan Wilson, CEO and operator of Five Crowns Restaurant, stated that he had reviewed the draft
resolution and agrees with all the required conditions.
Mr. Wilson asked for clarification about the additional light use requirement condition. Zoning Administrator
Zdeba clarified that the condition is to emphasize what is already required in the zoning code of spotlights and
strobe lights spilling onto adjacent properties.
Mr. Wilson recounted his meetings with neighboring residents during the continuance.
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One member of the public, Jim Mosher, asked for clarification of the lapse of the emergency temporary use
permit and reiterated the concern from Catanzarite’s letter on no amplified sound from the emergency
temporary use permit. He commented on the adequacy and clarity of the plans for the tent and patio,
questioned the plan of the temporary use permit for the restaurant, and mentioned the code violations from the
high levels of noise and how it would be enforceable. He commented on the residential use at 351 Hazel
Avenue not being analyzed in the noise reports. Mr. Mosher spoke to the timing of processing a conditional
use permit and stated that one had not been submitted online. He also discussed the timing requirement for a
limited term permit and does not see the 30-day lapse of the temporary use permit for renewal.
A second member of the public, Brian Andreini, noted he was able to walk through the business with Mr. Wilson.
He hoped there is a win-win for the neighbors and wants to see the business succeed while still preserving the
noise levels in the neighborhood. Mr. Andreini stated that, if approved, he expects it is done so as a temporary
use with a review and not grandfathered in. He also mentioned the appropriateness of a 9 p.m. time limit on
the amplified sound and worried about the loud music noise from the restaurant.
A third member of the public, Ken Catanzarite, highlighted parts of his firm’s letter and spoke about the impact
of the use in the neighborhood. He questioned the violations of the restaurant and the current Use Permit
restrictions including use of the outdoor patio of 350 square feet. He brought forth the violations during COVID-
19 for the patio usage and the increased seating, questioned the CEQA exemption for the temporary use
permit, and expressed concern with the restaurant being turned into an event venue, the overcrowding, and
the noise issues. He questioned the ability to authorize a limited term permit, stated the repeat violations of the
restaurant and questioned the City giving Five Crowns the right and use for the temporary use permit
referencing NBMC Section 20.52.040(E). He mentioned that the Limited Term Permit should be sent to the
Planning Commission and emphasized that it is not a temporary use. Mr. Catanzarite brought up the proposed
hours of operation and the use of amplified sound along with its limitation and reiterated the use of the gate
and how he would like it locked as a Condition of Approval. He stated another condition should be added to
limit amplified sound to 8:00 p.m., discussed the independent study that he conducted from MD Acoustics on
the sound decibels and their models, and noted the speaker sound levels on the second and third floors.
A fourth member of the public, Mike Dickerson, from MD Acoustics, spoke on behalf on Mr. Catanzarite’s
independent noise study that was conducted. He mentioned the comparison between their study and the study
done by the restaurant’s consultant. He stated that a single speaker could exceed the noise standards at Mr.
Catanzarite’s house. He questioned the type of sound system being used and why it wasn’t specified in the
report. He mentioned the limit should be set lower and the use of “C-weight” versus “A-weighted” low frequency
noise. Mr. Dickerson questioned how live music is contained in the restaurant with the usage of a drum set and
electric guitar music. He also expressed concerns related to inversion and increase sound in the winter. He
feels that the current study is inadequate and needs more specification of the sound system.
Zoning Administrator Zdeba gave the applicant team an opportunity to respond to the public comments. Bryan
Estrada, on behalf of the applicant from RK Engineering, discussed the multiple studies and field visits
conducted, as well as the differences between their study and MD acoustics study. The notable differences
were the ways the sound model was calibrated to reflect real world conditions and the field data involved. Mr.
Estrada spoke on the proposed wall designs, the type of activity on the patio, and the noise levels. He
mentioned the restrictions put in on the type of noise allowed and the design features that are part of the
conditions of approval. He stated that the owner understands the changes he will need to make on the property.
He mentioned that he reached out to Mike Dickerson from MD Acoustics and ensured a noise monitoring
program will be implemented and he believes that the applicant can abide by Newport Beach Municipal Code.
He also mentioned the noise on Coast Highway and that with the conditions put on the project, it will abide by
the noise standards.
Mr. Wilson clarified the cost of the improvements exceeding $300,000 and commented that the changes will
enhance the restaurant.
Zoning Administrator Zdeba clarified with Mr. Wilson the temporary nature of the permit and made it very clear
that it is not an amendment to the Use Permit. Zoning Administrator Zdeba emphasized that the Limited Term
Permit is a trial and that the restaurant must comply with the City’s noise ordinance. He added that any
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violations from the Police Department or Code Enforcement will affect the chances of an extension of the
Limited Term Permit or any request for a permanent configuration. Mr. Wilson affirmed his understanding for
each of the clarifications Zoning Administrator Zdeba listed.
Zoning Administrator Zdeba modified a condition of approval to ensure the applicant understands the use is
temporary and expires December 31, 2024, unless an extension is applied no less than 30 days from expiration
of the permit and granted. Zoning Administrator Zdeba modified another condition of approval to further limit
the hours of operation to no later than 9 p.m. (Monday-Thursday) and 10 p.m. (Friday-Sunday and federal
holidays). Three additional conditions of approval were added: (1) that within 30 days of approval, a building
permit should be applied for the design features; (2) the loading and deliveries for the expanded outdoor patio
and restaurant should occur from Poppy Avenue; and (3) that the operator should take reasonable steps to
discourage attendees from private events from loitering on Poppy Avenue or Hazel Drive. Mr. Wilson agreed
to the additional condition of approvals.
Zoning Administrator Zdeba closed the public hearing.
Senior Planner Westmoreland confirmed that no application has been received for a permanent use, but
additional analysis would be needed for that request. The findings are different for a use permit than a limited
term permit. She commented on the condition that requires improving the gate to reduce sound and clarified
the CEQA Class 1 categorical exemption for existing facilities allows for additions and the negligible expansion
of use, which would be consistent with the proposed temporary outdoor patio.
Zoning Administrator Zdeba described the history of commercial zoning on East Coast Highway and the
proximity of the commercial corridor to residential uses being the longstanding pattern in Corona del Mar. He
mentioned that roughly 15 to 20 percent of businesses on the commercial corridor in CDM are restaurants. He
expressed the idea that the ancillary use of private events at restaurants is not uncommon.
In addition, he highlighted the parking for the restaurant in comparison to Sherman Gardens, which is a larger
facility but has less parking than Five Crowns.
Zoning Administrator Zdeba noted the genesis of emergency temporary use permits for outdoor patios during
the COVID-19 pandemic and shared examples of applications for seasonal outdoor patios in the City, including
the Bungalow Restaurant, which recently applied for a temporary outdoor patio. He also discussed state
legislation that supports temporary authorization for alcohol sales and temporary use of outdoor patios. He
underscored that the use is temporary and any extension is not guaranteed, even with the substantial
investment Mr. Wilson noted.
Zoning Administrator Zdeba mentioned the areas of improvement for the restaurant and in the applicant’s noise
study. He acknowledged there are differences of opinion between RK Engineering and MD Acoustics. He
reiterated the conditions of approval that are included to ensure that the RK Engineering noise report would be
valid and compliance with the City Noise Standards is required. Any documentation of noise violations could
affect the future use of the property.
He reiterated that no amendment is being made to the Use Permit and any amendments would go to the
Planning Commission. He also stated that the Zoning Administrator has authority over Limited Term Permits.
Given the substantial record that was presented by the applicant, additional materials, public comments, and
added conditions of approval, Zoning Administrator Zdeba approved the Limited Term Permit as amended with
the conditions of approval. He closed by saying that this item is appealable to the Planning Commission.
Action: Approved as amended
V. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None.
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Attachment No. PC 6
Appeal Packet
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Attachment No. PC 7
Five Crowns Response to Appeal Letter
dated October 22, 2024
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October 22,2024
Delivered Via E-Mail:mwhelan@newportbeachca.gov
Melinda Whelan,Assistant Planner
Community Development Department
City of Newport Beach
100 Civic Center Drive,First Floor Bay B
Newport Beach,California 92660
RE:Applicant’s Response to Appeal Filed Over Zoning Administrator’s August 15,2024
Approval of Limited Term Permit and Coastal Development Permit (PA2023-0202)
Dear Assistant Planner Whelan:
As you know,I am an owner and the operator of the Five Crowns restaurant in Corona del Mar,which is
located at 3801 East Coast Highway.On August 15,2024,Zoning Administrator Benjamin M.Zdeba
approved our request for a limited term permit and a coastal development permit to allow an existing
temporary outdoor dining patio to remain for a limited term at the Five Crowns.On August 28,2024,Ken
and Kim Catanzarite (“Appellants”)appealed this approval to the Planning Commission (and
simultaneously filed a lawsuit against the Five Crowns and me personally based upon substantially the
same “facts”included in their appeal).The “facts”cited by the Appellants in their appeal are meandering
at times,misleading at best,mischaracterize the City of Newport Beach’s Municipal Code (“NBMC”),
and are not supported by the evidence presented at the Zoning Administrator’s hearing.It goes without
saying,but we think the Zoning Administrator got it right and we support his decision;consequently,the
Appellant’s appeal should be rejected.
In the Appellants’175-page meandering appeal,there are a number of misstatements of fact and I would
like to take the time to respond to some of the more egregious claims/false statements below to help set
the record straight:
False Statement:“The Resolution’s use of (NB)MC 20.52.040 Limited Term Permits does not apply to
this Application.”
Response:NBMC Section 20.52.040 governs “Limited Term Permits,”which include requests for uses of
limited duration…that would be compatible with adjacent and surrounding uses when conducted in
compliance with this section.”As stated in your August 15,2024 Zoning Administrator Staff Report,“the
applicant requests a limited term permit…to allow an existing temporary outdoor dining patio to remain
Lawry’s Restaurants,Inc.100 N.La Cienega Blvd.Beverly Hills,CA 90211
103
for a limited one-year term….”Contrary to the Appellant’s unsupported allegation,NBMC Section
20.52.040 on its face is the correct section to
govern the review and approval of this limited term permit application.Additionally,Resolution No.
ZA2024-045 has 42 separate conditions of approval that are specifically crafted by City Staff to ensure
the approved temporary outdoor dining patio is compatible with adjacent and surrounding uses,including,
but not limited to,a condition requiring the construction of a sound attenuation wall.
False Statement:“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
for the Resolution to State or Suggest Otherwise.Applicant Must Seek a Modification of UP 1822
through Planning Commission and City Council.”
Response:Admittedly,there is a lot to unpack with this false statement,but we will take each
misrepresentation in turn.Let’s start with the approval of Use Permit No.1822 (“UP 1822”),when
approving UP 1822 the Planning Commission specifically found in Finding No.8 that this approval will
not 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
neighborhood or the general welfare of the City.”The Planning Commission placed 14 conditions of
approval on UP 1822 to ensure the operation of the Five Crowns would be compatible with surrounding
uses and neighbors.Notably absent from these 14 conditions of approval is a prohibition on the use of an
outside patio,a restriction on any use after 9:00 p.m.,the holding of events on the outside patio,or the use
of amplified music.Again,there is no mention of the outside patio in any of these 14 conditions of
approval.And contrary to the Appellant’s unsupported statement about the need to modify UP 1822 to
allow temporary outdoor dining,the City routinely issues limited term permits to restaurants to allow
temporary outdoor dining,especially in light of the on-going effects of Covid-19.Furthermore,the City’s
practice is consistent with State Law (AB 1217),which extended rules allowing outdoor dining to
mitigate Covid-19 impacts.
False Statement:“The Zoning Administrator’s Review here is limited and required findings cannot be
made to support the Resolution.”
Response:This allegation is a bit confusing,but the Appellant seems to be implying that the Zoning
Administrator did not have the authority to make a decision on this application and instead was required
to refer the application to the Planning Commission.In support of this allegation,the Appellants cite to
NBMC Section 20.52.040(F),which provides the Zoning Administrator discretion to refer applications to
the Planning Commission.Of course,the very reference to NBMC Section 20.52.040(F)shows the error
in this allegation.This section places discretion in the Zoning Administrator to make a decision or to refer
an application to the Planning Commission.Contrary to the Appellant’s allegation,this section does not
require the Zoning Administrator to refer an application to the Planning Commission.In fact,as I recall,
the Appellants brought this argument up during one of the Zoning Administrator’s hearings (as you know
we had two hearings on this application),and the Zoning Administrator explained why he was retaining
jurisdiction over the application.As to the lack of required findings,a simple review of Resolution No.
Lawry’s Restaurants,Inc.100 N.La Cienega Blvd.Beverly Hills,CA 90211
104
ZA2024-045 dispels this allegation,this resolution is full of well thought out and reasoned findings that
support the Zoning Administrator’s approval of the application.
False Statement:“Because there is no valid existing use CEQA exemptions do not apply.”
Response:The Zoning Administrator correctly relied upon a categorical Class 1 CEQA exemption found
in Section 15301 of the CEQA Guidelines,California Code of Regulations,Title 14,Division 6,Chapter
3.This categorical exemption “consists of 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 existing or former use.”The Five Crowns
has been owned by my family and in continuous operation since April 14,1965.The building that houses
the Five Crowns has existed since the 1930s.There is no basis for the Appellant’s to allege there is no
valid existing use at the site.Again,the Five Crowns has been a valid existing use for almost 60 years,
and it will be around for the next 60 years.
False Statement:“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 for each Separate Event.”
Response:On our own initiative and at great expense,we commissioned a sound study by RK
Engineering Group,Inc.to ensure our proposed activities on the temporary outdoor patio comply with the
NBMC.This sound study,which has been shared with the City and the Appellants concluded that,“the
project can comply with the City of Newport Beach residential noise standard of 55.0 dBA Leq and 75
dBA Lmax with the implementation of…recommended mitigation measures.”We have agreed to the
mitigation measures and we have committed to go beyond the mitigation measures if it is determined in
the future more sound mitigation is required.Our sound engineers even took the time to discuss the
concerns expressed by the Appellants with their sound engineer,MD Acoustics,and our sound engineer
followed up those discussions by preparing a robust and thorough written response to MD Acoustic’s
concerns (this response has been shared with the City and the Appellants).It’s worth noting that the
Appellants (and/or their tenants)have previously complained about the alleged sound coming from the
Five Crowns and a hearing was held on this very issue by City Hearing Officer Steven Graham Pacifico
on August 31,2023.In rejecting the sound complaint,Hearing Officer Pacifico found that the sound
complaint “did originate with a neighbor,who may be a parent of a small child that is disturbed by the
noise from the restaurant.The Hearing Officer is certainly empathetic to the trials of raising a newborn,
including the difficulties in having consistent sleep when a newborn is awoken by noise,but the standard
is not a subjective standard for the noise complaint ordinance.”Here as in 2023,the City’s noise standards
are not subjective,they are objective.The RK Engineering Group’s sound study lays out a pathway for
operation of the temporary outdoor patio within the confines of the City’s rules.We are committed to
complying with those rules by adopting the mitigation measures laid out in the RK sound study,the
Appellant’s allegations that sound violations will occur is subjective opinion and not based upon objective
fact.
Lawry’s Restaurants,Inc.100 N.La Cienega Blvd.Beverly Hills,CA 90211
105
Thank you for allowing us the opportunity to submit this letter in support of our pending application.We
appreciate your good work on this project and we look forward to the upcoming Planning Commission
hearing where it is our hope the Planning Commission agrees that the
Zoning Administrator and City Staff did their job by upholding the previous approval and rejecting the
Appellant’s appeal.
Sincerely,
Ryan Wilson
CEO and Shareholder
Lawry’s Restaurants,Inc.
Lawry’s Restaurants,Inc.100 N.La Cienega Blvd.Beverly Hills,CA 90211
BOL
106
Attachment No. PC 8
Plans
107
INTENTIONALLY BLANK
P
A
G
E
108
Five Crowns
3801 East Coast Highway
Temporaray Outdoor Dining AreaLimited Term Permit and Coastal Development Permit
October 2023
Tandem parking
Five Crowns
Temporary Outdoor Dining Patio 1,350 sq.ft. expanded outdoor
dining in existing patio/garden (68 seats, refer to seating layout)
850 sqft of the temporary patio is covered by a 28' x 30' x 25' high
framed white tent canopy (dark blue). Remaining temporary
patio area is uncovered (light blue)
City of Newport Beach
7HPSRUDU\8VH3HUPLW3URJUDP
'DWH 10/24/2023
Business:)LYH&URZQV
Address: ( &RDVW+LJKZD\&RURQDGHO0DU&$
__________________________________
Business Owner's Signature:
Site Plan
PA2020-227DocuSign Envelope ID: 552BDCCA-C996-4FFB-B755-86C973BE1088
From:Beth Adkisson
To:Planning Commission
Subject:Five Crown"s request for a Limited-Term Permit
Date:December 03, 2024 7:51:13 AM
Attachments:image001.png
image002.png
image004.png
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Dear Planning Commissioners,
I am writing to express my strong support of the Five Crown’s request
for a Limited-Term Permit to continue operating their expanded outdoor
dining patio. I will do my best to try and attend the meeting, but if not, I
wanted to ensure my voice was heard.
As a longtime Newport Beach resident and frequent patron of Five
Crowns, I have seen firsthand the positive impact this restaurant has
had on our community.
Five Crowns has been a beloved staple in the area for decades, offering
a warm, welcoming environment and exceptional dining experiences to
generations of families in our city. The outdoor patio, which has been in
use since the pandemic, has enhanced the overall dining experience
and allowed the restaurant to thrive, especially in these challenging
times. As a regular guest, I truly appreciate the charm and atmosphere
of the patio, and I believe it has become an important part of the
restaurant’s identity.
I fully support the restaurant’s request to continue operating this space.
The City of Newport Beach has conducted thorough reviews, including
sound studies, and confirmed that Five Crowns will adhere to the
necessary sound mitigation measures.
I also want to highlight the strong community support for this project.
The owners have engaged with local residents, and the feedback has
been overwhelmingly positive. As a neighbor, I can confidently say that
the restaurant has a longstanding reputation for being a responsible and
valuable part of our community.
Planning Commission - December 5, 2024 Item No. 3a - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
For these reasons, I strongly encourage the Planning Commission to
approve the Limited-Term Permit and Coastal Development Permit for
Five Crowns. This decision will help preserve a treasured local business
and continue to support our vibrant community.
Respectfully,
Beth Adkisson
25 Andiamo
Newport Coast, CA 92657
Stay healthy; Stay connected!
Cheers,
Beth Adkisson
Best Practice Chair, Master Chair, STAR Chair
Newport Coast, California 92657
Mobile: 949-842-9997
beth@chartingsuccess.com
www.chartingsuccess.com
VISTAGE Works! Take a look: https://youtu.be/XV1aIquHSpM
Planning Commission - December 5, 2024 Item No. 3a - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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Planning Commission - December 5, 2024 Item No. 3a - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
PETITION OF SUPPORT
I strongly support the Five Crowns Restaurant’s proposal for a permit to allow an existing temporary outdoor
dining patio for the following reasons:
The Five Crowns is a well-established, responsible business that has contributed positively to the local
economy and community for almost 60 years. Supporting good operators helps ensure the vibrancy
and success of local businesses.
To minimize noise impacts, the owner has conducted multiple sound studies and plans to invest almost
a million dollars in sound mitigation features, including the construction of a sound wall and other
design improvements.
The owners are requesting reasonable operating hours, with all activities concluding by 9:00 p.m. on
weekdays and 10:00 p.m. on weekends and Federal Holidays. This will allow the restaurant to thrive
while being considerate of the surrounding community.
It will allow residents and tourists to enjoy an establishment that has a stellar record of operating in
the City of Newport Beach. And it promotes a business-friendly atmosphere that encourages
restaurants and small businesses to open and thrive in the City of Newport Beach.
For these reasons, and others I respectfully request that the City approve the Five Crowns Restaurant’s Limited
Term Permit Application.
Name:______________________________________________________________________
Street Name:______________________________________________________________________
City:______________________________________________________________________
Signature:______________________________________________________________________
David Kleiman
Margaret Dr
Newport Beach
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
PETITION OF SUPPORT
I strongly support the Five Crowns Restaurant’s proposal for a permit to allow an existing temporary outdoor
dining patio for the following reasons:
The Five Crowns is a well-established, responsible business that has contributed positively to the local
economy and community for almost 60 years. Supporting good operators helps ensure the vibrancy
and success of local businesses.
To minimize noise impacts, the owner has conducted multiple sound studies and plans to invest almost
a million dollars in sound mitigation features, including the construction of a sound wall and other
design improvements.
The owners are requesting reasonable operating hours, with all activities concluding by 9:00 p.m. on
weekdays and 10:00 p.m. on weekends and Federal Holidays. This will allow the restaurant to thrive
while being considerate of the surrounding community.
It will allow residents and tourists to enjoy an establishment that has a stellar record of operating in
the City of Newport Beach. And it promotes a business-friendly atmosphere that encourages
restaurants and small businesses to open and thrive in the City of Newport Beach.
For these reasons, and others I respectfully request that the City approve the Five Crowns Restaurant’s Limited
Term Permit Application.
Name:______________________________________________________________________
Street Name:______________________________________________________________________
City:______________________________________________________________________
Signature:______________________________________________________________________
Port Margate Place
Jacqueline Schenquerman
Newport Beach
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
PETITION OF SUPPORT
I strongly support the Five Crowns Restaurant’s proposal for a permit to allow an existing temporary outdoor
dining patio for the following reasons:
The Five Crowns is a well-established, responsible business that has contributed positively to the local
economy and community for almost 60 years. Supporting good operators helps ensure the vibrancy
and success of local businesses.
To minimize noise impacts, the owner has conducted multiple sound studies and plans to invest almost
a million dollars in sound mitigation features, including the construction of a sound wall and other
design improvements.
The owners are requesting reasonable operating hours, with all activities concluding by 9:00 p.m. on
weekdays and 10:00 p.m. on weekends and Federal Holidays. This will allow the restaurant to thrive
while being considerate of the surrounding community.
It will allow residents and tourists to enjoy an establishment that has a stellar record of operating in
the City of Newport Beach. And it promotes a business-friendly atmosphere that encourages
restaurants and small businesses to open and thrive in the City of Newport Beach.
For these reasons, and others I respectfully request that the City approve the Five Crowns Restaurant’s Limited
Term Permit Application.
Name: PATRICK F. OLLISON
Street Name: 1815 Port Renwick Place
City: Newport Beach
Signature:______________________________________________________________________
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
PETITION OF SUPPORT
I strongly support the Five Crowns Restaurant’s proposal for a permit to allow an existing temporary outdoor
dining patio for the following reasons:
The Five Crowns is a well-established, responsible business that has contributed positively to the local
economy and community for almost 60 years. Supporting good operators helps ensure the vibrancy
and success of local businesses.
To minimize noise impacts, the owner has conducted multiple sound studies and plans to invest almost
a million dollars in sound mitigation features, including the construction of a sound wall and other
design improvements.
The owners are requesting reasonable operating hours, with all activities concluding by 9:00 p.m. on
weekdays and 10:00 p.m. on weekends and Federal Holidays. This will allow the restaurant to thrive
while being considerate of the surrounding community.
It will allow residents and tourists to enjoy an establishment that has a stellar record of operating in
the City of Newport Beach. And it promotes a business-friendly atmosphere that encourages
restaurants and small businesses to open and thrive in the City of Newport Beach.
For these reasons, and others I respectfully request that the City approve the Five Crowns Restaurant’s Limited
Term Permit Application.
Name:______________________________________________________________________
Street Name:______________________________________________________________________
City:______________________________________________________________________
Signature:______________________________________________________________________
William Schenquerman
Newport Beach, CA. 92660
1735 Port Margate Pl
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
From:Dwight Manley
To:Planning Commission
Subject:Five Crowns permit
Date:December 04, 2024 11:17:27 AM
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Dear Newport Beach Planning Commissioners,
I am writing today to convey my full support for the Five Crowns to have their request
for a limited term permit to continue operating their expanded patio / outdoor dining. I
am urging this as a neighbor that owns the home
just down the street at 3719 Ocean Blvd, and consider the Five Crowns and Side
Door to be a vital piece of the Corona Del Mar community.
I understand that the Five Crowns has spent in excess of $500,000 to go above and beyond the city requirements to mitigate any impacts. This really shows how
considerate and sensitive ownership is to the surrounding neighbors.
I would like to also share some background on my expertise in this area of commercial and residential integration and management; I have been the majority
owner of the area known as Downtown Brea , and own the loft apartments within this
district, and we abut a neighborhood known as the "cottages" that was actually
modeled after Corona Del mar. We also have a "highway", Imperial Hwy, like you do, with PCH. I have been curating the tenants in this downtown for nearly 25 years,
managing noise, quality of life, and businesses success. As you know, that is not an
easy thing to do, but with a supportive city staff and landlord, it can be done quite
successfully. In this case, I would start and end with Pacific Coast Highway; Its a Highway. That alone is a living , breathing thing, with motorcyc les, semi trucks and
cars 24/7. You want to capture that special , historic asset by enabling the businesses
that are along it to succeed. Not just limp along, but prosper. It is the businesses
there that make the village so desirable. Walking to a quality restaurant from your home is a rare luxury in this
day and age, and our state has the absolute most difficult environment to make a
profit for food businesses . And here we have an iconic establishment that needs our
help. Frankly, I would vote yes on having the permit run to 11:00 on weekends, but they are only asking for 10;00.
In closing, I would just share that you will never achieve 100% agreement on anything
like this. It's okay to have a few in opposition, but it is the community as a whole that these types of matters are how to find the right path.
Thank you very much
Dwight Manley
dmanleyinc@aol.com
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
From:Mike Grant
To:Planning Commission
Subject:Resident letter in support of Five Crowns request for a Limited-Term Permit
Date:December 04, 2024 12:30:13 PM
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Dear Planning Commissioners,
I am writing to offer my full support for the Five Crowns request for a Limited-Term Permit tocontinue operating their expanded outdoor dining patio. As a resident of Newport Beach and
someone who has known the owner of Five Crowns for many years, I can confidently say thatthis is a well-run, community-oriented business that deserves our support.
The owners/family of Five Crowns are upstanding members of the community and have
earned the respect of local residents for their dedication to both their business and the well-being of the neighborhood. As an operator, they have always demonstrated a strong
commitment to running a responsible and successful establishment that enriches the localeconomy while maintaining a positive relationship with the community.
Approving the continued use of the expanded outdoor patio is essential for the restaurant’s
ability to stay in business, and I fully support their request. To ensure minimal disruption toneighboring properties, the owners are willing to invest a substantial amount of money in
sound mitigation, including the installation of a sound wall and other improvements.
In addition, the requested operating hours to the proposed temporary outdoor area—9:00 p.m.on weekdays and 10:00 p.m. on weekends—are incredibly reasonable and considerate of the
surrounding residential area. I believe these hours will allow the restaurant to thrive whilebeing respectful of the community.
For these reasons, I strongly urge the Planning Commission to approve the Limited-Term
Permit and Coastal Development Permit for Five Crowns. This is a valuable opportunity tosupport a respected local business that has positively contributed to the character of Newport
Beach.
Please reject the appeal and support the Five Crowns restaurant.
Thank you,
Mike Grantmikegrant925@gmail.com
949-943-4310
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
From:Herman Luk
To:Planning Commission
Subject:letter in support of Five Crowns and against the appeal of Five Crowns" Limited-Term Permit
Date:December 04, 2024 2:11:57 PM
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Members of the Newport Beach Planning Commission,
I am writing to express my strong support for you to reject the Five Crowns Appeal, and
support their request for a Limited-Term Permit to continue operating their expanded
outdoor dining patio.
As a resident of Cameo Shores, just down the street from Five Crowns, I’ve had the
pleasure of dining at this restaurant for many years. Residents of CDM and Newport Beach
all know the Five Crowns restaurant as a cherished part of our community. It’s hard to
overstate how important it is to support local businesses, especially one that has been a
fixture in our area for decades. The owners have always operated with integrity and
dedication, creating a space that brings people together and enriches the community.
I believe the request for a limited-term permit is entirely reasonable. The owners are not
only asking for the opportunity to continue using the expanded outdoor dining area, but they
are also making a significant investment of about a half million dollars to mitigate any
potential sound impacts on neighboring properties. This level of commitment is another
example of them proving to be serious about being good neighbors and addressing
concerns in a responsible manner.
As a CDM resident, I can certainly appreciate how difficult it is to run a profitable restaurant
in today’s economic climate, especially one that is so important to a local community. They
obviously rely on the income from the patio area for events and it could be devastating if
the city were to take that away. Supporting Five Crowns will help ensure that this
longstanding business/operation can continue to thrive and contribute to the vibrancy of
Corona Del Mar.
I urge the Planning Commission to approve the Limited-Term Permit and Coastal
Development Permit and reject the appeal.
Best regards,
Herman Luk
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
December 5, 2024, Planning Commission Item 3 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher (jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 3. FIVE CROWNS APPEAL (PA2023-0202)
Regarding Attachment No. PC 4 (Updated Noise Report and Response to Comment Letter
dated August 5, 2024 by RK Engineering, Inc.), the report analyzes noise levels anticipated to
impact institutionally- and residentially-zoned properties on the east side of Hazel Drive.
However, it does not analyze the project’s impact on any of the residentially zoned properties to
the west of those, and in particular, the property at 351 Hazel/352 Poppy, which directly abuts
Five Crowns property highlighted in the Vicinity Map (handwritten page 3), even though it, too, is
residentially zoned and the Hazel side of that property is more strongly impacted than any of the
properties studied, according to the noise contours shown on handwritten pages 65 and 67.
Why would the City’s noise standards not apply to 351 Hazel and constrain allowable restaurant
operations more stringently than their impacts on more distant properties?
I see from the August 15 Zoning Administrator minutes (top of handwritten page 96) that I asked
that question then, but I don’t see an answer to it.
I would also note that the report’s Table 4 (handwritten page 57) cites “55.0” as the “City of
Newport Beach Noise Level Criteria (dBA Leq)” that generates a code violation if exceeded. But
per qualification “D” listed on handwritten page 53, isn’t the City’s standard the more lenient “60”
for those portions of the residential properties within 100 feet of the Five Crowns commercial
parcel?
On the other hand, in Table 4 the anticipated noise levels being compared to the City noise
standard are indicated as representing only the “Project Noise Contribution” to the total noise at
the location. Doesn’t a violation occur when a project causes the total noise at a site (the project
contribution added to the pre-existing background noise) to exceed the standard?
If so, then even if the “Project Noise Contributions” are correct, without consideration of the
pre-existing “ambient” noise level at each receptor location, it is impossible to tell if adding the
project contributions to the undocumented noise from other sources would result in a violation,
or not.
The report also does not disclose if any of the receptor locations are already noisy enough to
trigger the “If the ambient noise level exceeds the resulting standard, the ambient shall be the
standard” provision in the code, or, if it did, how that would affect the analysis.
Should the Limited Term Permit be approved, it will be interesting to see if the test operation
reveals that any additional restrictions will be needed to meet the City’s noise standards.
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
From:Kirsten Boyer
To:Planning Commission
Subject:Letter of Support for The Five Crowns Restaurant
Date:December 04, 2024 6:27:02 PM
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To whom it may concern:
As someone who grew up in Corona del Mar starting in 1965, I have always cherished Five Crowns
as an iconic part of our community. It has been a treasured spot to celebrate important family
milestones. Five Crowns is truly woven into the fabric of our neighborhood, and I believe we must
do everything we can to ensure this beloved establishment continues to thrive. There are very few
businesses that have survived in Corona del Mar as long as the Five Crowns which is a testament
both to their commitment to their business and long-term presence in the community as well as to
the difficulty in maintaining a business year after year, let alone decade after decade. It is a piece
of our community history. It holds the memories and celebrations of thousands of local
community members as well as visitors who bring their important tourist dollars to CdM/Newport
Beach.
In my opinion, the request for a Limited-Term Permit to maintain the expanded patio is a no-
brainer. The owners have committed to investing about $500,000 to build a soundwall in order to
address any concern of nose for the neighbors.
This shows their dedication to being good neighbors and responsible business owners while
preserving a key part of their business.
It is not easy being a restaurant owner in Newport Beach. The businesses must find creative ways
to bring in revenue, while keeping a strong clientele base. I’m sure their ability to host weddings
and special occasions on this patio helps ensure the success of the entire restaurant. And if their
request is denied, the revenue lost could be detrimental to their business.
Approving this permit will help Five Crowns serve as a cherished gathering place for locals and
visitors alike.
For these reasons, I strongly urge the Planning Commission to approve the Limited-Term Permit
and Coastal Development Permit for Five Crowns.
Kirsten Boyer
Planning Commission - December 5, 2024 Item No. 3b - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
KENNETH c.J. CATANZARITE
ATTORNEY AT LAw
DIRECT DIAL.:
(714) 678-2100
CATANZARITE LAW CORPORATION
ATTORNEYS & COUNSELORS AT LAw
233 1 WEST liNCOLN AVENUE
ANAHEIM , CALIFORNIA 9280 1
(714) 520-5544
FACS·IMILE: (7 I 4) 520-0680
Via Email Only:
Melinda Whelan, Assistant Planner
City of Newport Beach
Community Development Department
100 Civic Center Drive, Bay B
Newport Beach, CA 92660
mwhelan@newportbeachca.gov
December 4, 2024
E-MAIL. ADDRESS:
KCATANZAR~~CATANZAR~.COM
DIRECT FAX:
(7 I 4) 399-0577
Re: REPLY AND RESPONSE IN SUPPORT OF Notice of Appeal of:
RESOLUTION NO. ZA2024-045
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 ENTERT AINMENT LOCATED AT 3801 EAST COAST
HIGHWAY (PA2023-0202)
TO THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH
Dear Commissioners:
Appellants Ken and Kim Catanzarite and Herb and Harriet Melmon hereby submit their
Reply in Support of their Appeal of RESOLUTION NO. ZA2024-045. This Reply responds to
the City of Newport Beach Planning Department ("Planning") Staff Report and the letter from
Five Crowns ("Applicant").
I At the outset Planning and Applicant Have No Rebuttal and Therefore Concede The
Following Identified Appeal Errors Any One of Which Mandate Outright Denial of
the Temporary Permit Application ("Application").
A. Planning Fails to Rebut that Its Planner Oscar Orozco In July 2023 Rightly
Rejected Applicant's Contentions that it had Rights to Operate Events and
Amplified Sound under the 1977 UP 1822. Plaining by Orozco Rejected the
Contentions and Instructed Five Crowns to Seek Amendment of UP 1822 at
Exhibit C. Applicant does not seek Amendment. (See Appeal at Errorsl-3 Pages
1-5 .) To the contrary Planning wrongly suggests that Five Crowns has not been
subject to conditions of approval that specifically address the expanded outdoor
patio -when in fact Mr. Orozco's Email demonstrates the contrary -the question
was addressed and decisively determined to be an Amendment was required.
Importantly, such an amendment would raise the need for additional parking for
the increased patron count as referenced below and the need for a parking study.
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In July 2023, the City of Newport Beach after objections by residents including Appellant
of non-permitted operations in the Five Crowns outdoor courtyard Mr. Orozco on behalf of the
City summarily rejected Ryan Wilson's contentions that Five Crowns "Events" and "Amplified
Sound" were permitted under UP 1822 finding modification and amendment of UP 1822 was
in fact necessary. As an aside that was always Five Crowns answer when it met many objections
- a false statement that its years old permit allowed such activity. The full email following Mr.
Orozco's research appears below:
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. (UPI078 & 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 pennit 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
Bold emphasis added, See page 5 of Exhibit E.
As shown in the appeal as well as below Appellant's research confirms this precise point.
Appellant at Exhibits H and I obtained through Quest requests the ordinances in place in 1977
and confirmed that outdoor amplified noise required a permit in 1977 at the time of the UP 1822
approval. No such outdoor amplified noise permit was ever obtained by Five Crowns which
today requires each event using amplified sound obtain a permit with equipment restrictions and
requires use to stop at 8:00 p.m. (See Exhibit B.)
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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Applicant has not sought the amendment to UP 1822. There is and remains no basis for a
temporary permit. Applicant must proceed with an amendment application which will require a
parking study which Five Crowns cannot meet.
B. Because Applicant has continued to operate post-COVID With Events and
Amplified Sound which, in violation of the UP 1822, Expanded the Number of
Patrons (Up to 75 patron increase), Hours of Operation until 10 pm and with
Amplified Sound -All Prohibited by ETUP (Ex. "D") Applicant Does Not
Qualify for the Temporary Permit. (See Appeal at Error #4 page 7.)
Disqualification of Applicant Was and Is Mandated by MC 20.52.040 E. b. and c.
Because of the Admitted Unpermitted Conduct and Appeal Error #3 Described Activities.
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 Thilty (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.
Tellingly, both Planning and Applicant concede this point by failing to address it directly
at all. Instead, there is an oblique reference to "operating without the benefit of a permit" as if
this is positive when it is not-it is a Code violation that should be cited today to operate without
the benefit of a permit-a Code violation that disqualifies Applicant from even submitting its
"Application" for a Temporary Pennit. Appellant has asked Code Enforcement to cite Applicant
but they have outright refused claiming that Applicant has a permit while acknowledging the
permit was appealed.
As Mr. Orozco said in July 2023 described a LA. above, Applicant must apply to amend
UP 1822. However, it will not and cannot do so because its 150 patron count limit with 20-30
employees required a 30 parking space waiver to get to its 87 parking spaces in 1977. Adding 75
patrons to the base 150 patrons with 200 plus Events it wants to now conduct is a 50% increase
in patron count and 20% increase in Net Public Space (from 4,800 to 5,800) clearly material and
prohibited without amendment to UP 1822.
C. Planning and Applicant Concede that ETUP Limited the use to No Patron Count
Increase, Hours of Operation limited to 9:00 pm, No Amplified Sound and
Meeting Parking Standards. No evidence is presented to justify a Patron Count
Increase from the UP 1822 limit of 150 by 75 persons to 225 or 50% or even 50
patrons to 200 and 33%, increased Net Public Area by 20% added 1,000 square
feet, amplified Sound and demonstrated parking for these added persons and
employees. (See Appeal at Error #5, pages 7-9.) Not less than 120 parking spaces
will be required for the increased patron count against a limited and substandard
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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December 4, 2024
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size 87 tandem and triple parked lot, clearly 33 spaces it does not have. There is
no parking study to support the Temporary Permit.
We all recall the purpose of the ETUP relief provided as a result of COVID. The 6'
distancing was required between patrons so logically restaurants needed more area to spread their
limited number of patrons around. The use of the increased by roughly 1,000 square feet into the
full Five Crowns patio was not to increase patron count-in fact to the contrary the limitations of
patron count continued. In fact the Applicant's ETUP approval found certain "facts" and
imposed conditions of approval as follows as set out at Exhibit "D":
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 1822J andlor Certificate of Occupancy allow;
6. An adequate supply of parking is available to serve the subject business and
surrounding uses.
19. The proposed operation does not extend any hours of operation beyond those
currently permitted by Use Permit No. UP1078 and UP1822 ....
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 confom1ance 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
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.
II
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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December 4,2024
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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.
Cites to parking at 6 as facts and 2 as conditions added, bold emphasis added.
In sum, the ETUP did not allow the Applicant to use the added 1,000 square feet to
increase its patron count from 150 persons by 75 to 225, did not allow increased hours of
operation, nor amplified sound nor did it facilitate a yet further waiver of UP 1822's parking
limitations (none required because no increase in patron count). As set out at LA. and B. COVID
ETUP was allowed to let patrons spread out, not to increase patron count or materially alter
operations. Yet in an acknowledged violation of ET 1822 that is exactly what Applicant did, all
without authority or an amendment to UP 1822 which after neighbors objected Planning's Oscar
Orozco called him/it out to stop in July 2023 cited above. Planning now wants to sanction illegal
conduct of Applicant which he was warned about in July of2023 to stop and reward Five
Crowns with a Temporary Permit which he has brazenly continued to operate without a permit.
This and City's refusal to cite Applicant is inexcusable.
D. There is no dispute that in 1977 UP 1822 Limited the Outdoor Patio Dining area
to only 348 square feet while 1,350 square feet was available. That limitation was
purposeful to limit of Net Public Area calculations as well as the imposed
limitation of 150 patrons compared to available parking of 87 spaces, which
included a 30 space waiver. Shockingly, the Application is materially incomplete
because it fails to include a parking study to support a permit temporary or
otherwise for the required offstreet parking for the 33 added cars the proposed
operations will generate where both Hazel Drive and Poppy Street objectively
have no on street parking available.
In 1977 the findings and conditions of UP 1822's carefully crafted limitations justified the
30 parking space waivers to arrive at 87 parking spaces as illustrated in page 2 of Exhibit G, an
excerpt of Exhibit C of the Appeal. The Net Public Space coincided precisely with the 150
patron limitation as well as employees based upon such limited parking.
Planning and the Applicant without any foundation, argue there were private events in
1977 fOlward. However, those events were indoors related to a piano bar, not bands and a disk
jockey, and certainly not outside where crowd noise and exterior amplified sound are prohibited
and subject limiting permit requirements. (See Exhibit B, Hand 1.) After all the patio was
restricted to use of only 348 square feet, 7 tables and 28 patrons.
Clearly, there was no mistake in 1977, the limitations of the Outdoor Patio use brought
Net Public Area to 4,800 square feet. The available added 1,000 square feet of patio was not
allowed due to off street parking limitations and the requested waiver of 30 required spaces,
allowing 150 patrons. In other words Five Crowns could not have more space in the patio in
1977 because then and now it did not and does not have sufficient parking for more.
The rule of thumb for parking requirements is 1 space for 2.3 persons. That results in 75
persons/2.3 persons per space = 32.6 required spaces rounded to 33 additional required spaces to
accommodate off street parking for 75 guests or patrons at each Event. Notably, being
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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December 4, 2024
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conservative this asswnes no increase in employee count which of course is unlikely requiring
more off street spaces. At present nwnerous Applicant employees park on Hazel drive taking up
resident and guest parking. Note as well that with 150 patrons and 20-30 employees as a base
case the existing parking of 87 spaces is already committed and itself required a waiver of 30
spaces.
Remarkably, Planning deficiently did not require a parking study to support this 38%
increase for the 33 spaces or a required combined 87+33 or 120 off street spaces. Existing
limited parking appears at page 2 of Exhibit G demonstrating double and triple parked valet
spaces, itself forcing patrons to both travel and park on city streets. Appellant's position is there
can be no Temporary Permit without a parking study to prove the added 33 spaces are provided,
which as is clear from Exhibit G is impossible, absent building a two story parking garage. From
UP 1822 in the 1977 approval :
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IO\-ov\ -L\\ ~CO f:f:-
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~'('D,?D~ \)DDD ~
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
City of Newport Beach
December 4,2024
Page 7
Notwithstanding the above, Planning states "Inconsistency with Erup Conditions ... For
example, temporary outdoor patios for restaurants were restricted to a closing time of9:00 p.m.
throughout the City and prohibited the use of live entertainment. However, in this case, unlike
many other restaurants, the existing Use Pemlit (UP 1822) is silent on hours of operation and live
entertainment within the existing outdoor patio, so the general ETUP conditions may have been
more restrictive than the underlying use permit." Underline and bold emphasis added. As
provided above this is not the case, there is no silence on the restrictions. To the contrary they
were judiciously imposed allowing use of only the 348 square feet of outdoor patio, not the
added 1,000 available which City concluded could not be used for restaurant operation for clear
and unambiguous reasons:
First, overall there was insufficient off street parking at only 87 spaces for more than 150
patrons and 20-30 staff. Allowing 348 square feet was therefore logically limited because of
available parking. A parking study is required before any permit may be considered.
Second, there was no amplified sound pelmit obtained in 1977 or later precluding such
use as discussed at I.E. below.
Without a parking study that demonstrates adequate parking for now 120 not 87 cars the
Temporary Permit application must be denied.
E. Applicant has never in its operations obtained the required Permit for Outdoor
Sound-Amplifying Equipment under MC 10.26.050, 10.32.020 and 10.32.030
including predecessors since 1977. Moreover, the City's Form Application
prohibits amplified sound after 8:00 pm. (See Appeal Error #14, pages 14-16 and
Exs. B, H and I.) Applicant continues to operate without a Sound Permit
notwithstanding Appellant having raised the issue of the clear City Requirements
which Planning now fails to address at all and erroneously claimed at hearing only
applied to sound trucks, not true. Prior indoor events (piano bar is hardly an
event) do not exempt the proposed outdoor events from strict compliance with the
Municipal Code. Moreover, Planning previously claimed that other restaurants
citing EI Cholo and the Bungalow, were examples of outside amplified sound but
that is also untrue since they operate under Temporary Permits that just like
Applicant's also prohibit amplified sound. In sum neither Planning nor Applicant
demonstrated any Amplified Sound outside for a CDM restaurant. (See Exs. J
and K.)
Planning has no rebuttal that a Sound pemlit is required limiting amplified sound with
tennination at 8 pm. Yet the proposed Temporary Permit purports to blanket approve amplified
sound at the site until 10 pm with no permit and no operator and equipment restrictions simply
generalized guidelines. Chapter 1-.26 Community Noise Control Section 1-.26.005 Declaration
of Policy provides "A. In order to control unnecessary, excessive and annoying noise in the City
of Newport Beach, it is declared to be the policy of the City to prohibit such noise generated from
or by all sources as specified in this chapter." Section 10.26.025 Exterior Noise Standards.
II
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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December 4, 2024
Page 8
MC 10.26.050 Sound-Amplifying Equipment. Prohibits the use of:
"Loudspeakers, sound amplifiers, public address systems or similar devices used to
amplify sounds shall be subject to the provisions of Chapter 10.32 of this title. Such
sound-amplifying equipment shall not be construed to include electronic devices,
including but not limited to, radios, tape players, tape recorders, compact disc players,
electric keyboards, music synthesizers, record players or televisions, which are designed
and operated for personal use, or used entirely within a building and are not designed or
used to convey the human voice, music or any other sound to an audience outside such
building, ... "
Underline and bold emphasis added, See Ex. I.
Planning suggests, without any documentary or factual support, that perhaps Five Crowns
could have had Events and Amplified Sound earlier than 2020. The truth is, in order to have
amplified sound outdoors since 1975 Five Crowns needed a sound permit issued as per the
Municipal Code -no exceptions or exemptions are set out that would apply. Previously, the
practical impact of 348 square feet is clearly self-limiting 7 tables and 4 persons total 28 persons
total which is within the 150 patrons -the balance of the outdoor patio was not to be used -the
space existed but was not allowed to be put into use-the intent cannot be more clear. Moreover,
since 1975 outdoor Amplified Sound has been prohibited subject to the very same type of
permitting requirements since 2020. Appellant's Exhibits H and I make clear, ordinances in
effect in 1977 were obtained and MC Section 10.32.030 clearly provided:
MCI0.32.050
D. ISSUANCE BY CITY MANAGER. The City Manager is authorized to issue a
revocable permit for the use of sound amplifying equipment in connection with any
special event which will take place in a commercial district when it is determined that the
effects of such use will not unreasonably disturb the health, safety, and welfare of
any person or persons residing within three hundred (300) feet of the area where the
special event is to take place. (Ord. 1645 § 2,1975: Ord. 1084 (part), 1964: 1948 Code §
4504).
Recognizing this as a major community concern, the City of Newport Beach has had
these same ordinances since 1975 approximately 50 years of such restrictions requiring separate
permits for good reason. Now Planning wants to exempt or excuse Applicant from the sound
permit requirement. However, such permitting is well conceived and addresses each emitter [the
disk jockey] not the event sponsor [Five Crowns]. The reason for permits cannot be more clear.
The City Permit expressly provides a cutoff time of 8:00 p.m., clearly logical for sound in a
residential area with young children going to sleep at 8-9 pm a mere 40 feet away. However, such
permits require that every Event band or disk jockey obtain a permit that limits the sound
emanating from his/her/its equipment. That will not be the case with Five Crowns, it proposes
200 Events a year with up to 74 patrons because 75 or more is limited to the weekends and
holidays. Clearly the Ordinance in 1977 limited sound to those living within 300 feet, 352 Hazel
is 40 feet, 344 Hazel is 70 feet, 354 is 140 feet and other residents are within the 300 feet.
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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The Temporary Permit must also be denied since it cannot be an end around the separate
permit requirements which restrict the amplified sound to 8:00 pm.
F. EI Cholo and the Bungalow, held out by Planning at both hearings and even now
as justifying increased hours and Amplified Sound upon examination of their
ETUPs COnfilTIlS they, exactly like the Five Crowns ETUP had the same
prohibitions, no increase in patron count, no amplified sound, limitation of9:00
pm and adequate parking.
Appellant obtained the ETUPs for both EI Cholo and the Bungalow through public
records request. Exhibits J and K are the Limited Term Permits and both clearly provide,
contrary to Planning's representation that there shall be "IV. CONDITIONS OF APPROVAL. ..
4. The use of amplified sound within the temporary area shall be prohibited." Of course the same
conditions appear in Five Crowns ETUP as well. (See Exhibit E, J and K.)
II. RESPONSE TO STAFF REPORT
A. Planning in describing Background Misstates the Historical Record conflating a
piano bar inside the restaurant with large 75 person events outside with amplified
music until 10 pm.
At "OVERVIEW 1. Background ... the approved plans for UP1822 included a piano bar
consistent with the historical use of the restaurant and a 348-square-foot outdoor dining patio
adjacent to an exterior garden area. The interior of the restaurant and the existing outdoor patio
have historically been used for private events on the weekends, comparable to typical operations
of similar types of restaurants."
Appellant Response: The Outdoor Patio area approved in 1977 was by design limited to
348 Square Feet accommodating 7 tables and 28 patrons to a limit of 150 total patrons, far too
small for anything remotely described as the 75 person "Events" with "Amplified Music"
Applicant now wants to promote. Attached as Exhibit G are 2 pages of the highlighted floor plan
from 1977 (excerpted from Ex. C). Five Crowns proposes to add 75 or more persons in 1,000
added square feet. Recall that the total public space was limited to 4,800 square feet with 87
parking spaces served by a valet lot. The 4800 square feet accommodates 150 patrons and 20-30
employees and that required a 30 parking space waiver.
There is nothing historically that would justify departure from a required parking study
before a Temporary PelTIlit approval to support a 75 patron and related suppoli employee
increase of 50%. As above, 33 added spaces are required which Applicant does not have.
B. Planning failed to require a parking study to address the added 75 plus patrons and
related employees coming to the proposed Five Crowns Events. Hazel and Poppy
by simple observation and experience make clear there is no parking available on
street and patrons street parking will displace residents and their guests as well as
pose a safety problem with inexperienced drivers in a narrow travel way.
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Planning utterly fails to address the adequacy of parking. Applicant does the same. They
do so because they know Five Crowns cannot meet any parking study requirement. In this case
Hazel drive is a 20' curb-to-curb width one way street with parking on one side (8' parking and
12' travel way). Poppy is 25' curb-to-curb width street with parking on one side and two way
traffic (8' parking and 17' travel way). Fairly stated Poppy is a problem street today with two way
traffic in a narrow travel way which is clearly substandard. Anyone driving Hazel and Poppy
knows there is simply no on street parking for this added burden placed by Applicant. Yet,
Planning inexplicably did not require parking study. As above the lUle of thumb is one parking
space per 2.3 guests so a 75 guest event will require 33 parking spaces. These would be
additional guests so there is simply no off street parking available in the 87 space lot for these
added 33 vehicles. Applicant's lot is full with its 150 patrons and 20-30 employees. We presently
have difficultly parking on Hazel because Five Crowns employees park multiple cars there and
do nothing to discourage that use to save space in their lot.
Moreover, the parking lot itself is substandard today with 9' spaces (midline to midline)
and double and triple parking -converting to 10' spaces with the same layout will result in 72
spaces-Five Crowns will not be able to amend UP1822 due to inadequate parking for 150
patrons and 30 employees let alone this proposed increase. A copy of the parking plan is set out
at Exhibit G showing 29 spaces that are double parked and 8 triple parked to get to a total of 82
spaces. A waiver of 30 spaces was allowed in 1977 -none is addressed here nor could a further
waiver be justified -certainly not without a competent and independent parking study which
Applicant has not submitted for critical review.
Without an independent parking study subjected to critical analysis and review by
Appellant's experts demonstrating there is adequate parking off street and which does not
involve patrons or employees parking on Hazel or Poppy, the application must be denied.
C. The Temporary Permit Places the burden of Policing Compliance with Light,
Noise and Parking Limitations Entirely on the residents with no consequences.
Code Enforcement has refused to issue citations to Applicant claiming that it has a
permit when it does not and imposed testing limitations that are unreasonable.
Appellants' Expert Report #2 (See Appeal Error #13 pages 13-14 and Ex. F) from Mike
Dickerson, INCE and Claire Pincock, INCE ofMD Acoustics ("Dickerson") offered opinions
regarding the updated 8/5/2024 RK Engineering Group Inc. ("RK") revised study of sound
mitigation. Dickerson's overall opinion which the Resolution erroneously ignored follows:
"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." Underline emphasis added.
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Planning suggests only that the noise limitations will not result in a violation of the noise
standards because of alleged limitations imposed under the RK modeling for Five Crowns. The
problem with this is stated above by Dickerson, the testing failed to incorporate "crowd noise"
and placed the speaker in an area away from where such speakers are placed in actual practice.
Just adding crowd noise resulted in a violation in Dickerson's model when RK reported none.
Clearly, one is not having an event without a crowd, hence crowd noise by any objective standard
had to be included when it selectively was not by RK. Moreover, having Five Crowns monitor
with its expeli RK is akin to the fox guarding the hen house. These are the same folks who
operated without a permit including after the July 2023 Orozco notice letter they could not do so,
and they continue to operate without any concern today.
Any approval must include independent third party monitoring measuring results
independently and repOliing to all interested parties the objective results including at 352 street
level and on its third floor patio as well as other locations on Hazel Drive. Three readings of over
the limits should result in immediate termination of the Temporary Permit requiring re-
application after 30 days of no activity.
D. Planning informs that the Applicant has " ... realized a market for their operation to
provide the expanded outdoor dining area with regular private events commonly
found at these types of restaurants." That is not true. As above EI Cholo and the
Bungalow do not have Events and Amplified Music outside. There is simply no
example of such Events and Amplified Sound in Corona del Mar, we are all too
close together for this type of activity.
To justify the Temporaty Permit in this manner is improper. Obviously, Applicant would
not undertake the activity if it did not involve a viable market. The problem here is 200 plus such
live events with crowd noise, amplified sound, flashing lights, traffic and parking congestion
comes at the price of the residents and community. The price is their quiet enjoyment.
E. Applicant's requested closing time of 10:00 p.m. and the use of live Amplified
Sound is not justified on these facts. Moreover, Applicant cannot have Amplified
Sounds after 8:00 p.m. and a separate pennit for each event operator using sound
equipment. A trial period is unwalTanted for the reasons stated above.
Once again imposing upon the residents in vicinity of Five Crowns is improper. The
purpose of an application and city review is to be certain the residents are not disturbed in their
quiet enjoyment. Planning is turning the residents into guinea pigs to monitor whether they
complain enough it appears rather than exercise controls over Five Crowns to not approve the
application in the first place. We add that Orozco got it COlTect in July 2023 and why we are now
engaged in this pointless and wasteful exercise remains to be seen.
F. The Complaint History misrepresents the true facts because until July 2023 Five
Crowns ignored residents complaints including by Appellants claiming it had a
permit. After Appellants confirmed the permit did not allow the use Five Crowns
claimed it did until it applied for the Temporary Permit no doubt after the Orozco
denial letter. Code Enforcement has been uncooperative in the enforcement
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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refusing to come to 352 Hazel unless they can take sound measurements from the
third floor when the sound was 75 db on the front porch at the entry.
The residents are exhausted with complaining without any action. Code Enforcement
refused to cite Five Crowns knowing it did not have a permit. Then Code Enforcement refused to
take sound measurements from the front porch of352 Hazel arguing that they must go through
the house to the third floor deck. Preposterous, and nothing more than pushing off complaints
which are now used in an effort to justify a Temporary Permit that is unjustifiable. There is no
justification for Code Enforcement's refusal to take the measurements and cite Five Crowns.
That is the reason complaint are down -because the City is unresponsive to the residents.
G. Planning's "Use a/Expanded Patio Area -Hours, and Noise/rom Events and
Live Entertainment Private events are a common ancillary use of a restaurant such
as Five Crowns. Use Permit No. UP1822 was approved in 1977 and did not
condition the hours of operation or use of the patio for private events or live
music." is untrue. UP 1822 only involved 348 square feet and 28 patrons and there
was never a Sound Permit obtained, as required under the applicable Municipal
Code.
This is not true for the reasons stated above.
H. Planning's "As previously stated, the expanded patio area used for the private
events was approved by the original ETUP, and the Limited Ternl Permit is a
request to allow the same expanded patio area for a temporary period." is also
untrue in context. The ETUP made clear, no increase in patron numbers, no
amplified sound, closing at 9:00 pm and a because no increase in patrons adequate
parking. Nothing in the ETUP allows an increase in patrons, hours of operation or
use of amplified sound.
Again this is not true for the reasons stated above.
1. The proposed Design Features are inadequate because they fail to address
Appellants superior and comprehensive expeli report which provided reasons for
the inadequacy of the Updated Noise Report which rigged its study by omitting
crowd noise and placing the speaker in an area not consistent with historical use.
The Dickerson study concludes that the mitigation, particularly the 3rd floor deck
of352 as well as the interior of the building will be impacted by sound in excess
of the Municipal Code allowances for residential areas. Moreover, the Design
Features do not mitigate the straight 'line of sight' sound travel over the wall and
striking the second and third floors of352 Hazel.
See also Exhibit F.
J. Planning has simply picked the RK Updated Noise Report and while wholly
contradicted and discredited by the objective testing analysis with the addition of
crowd noise and proper placement of speakers in the Dickerson report and
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
City of Newport Beach
December 4, 2024
Page 13
opinions. This is wholly improper, if there is a dispute then the proper procedure
would be for the City to engage at Applicant's expense a third party sound
assessment after setting out the real live expected conditions for a third opinion. It
did not do so and just rushed to approve the Temporary Permit. Planning simply
accepted the RK report because Five Crowns agreed to indemnify the City wholly
if it approved the Temporary Permit. This raises a serious question as to the duties
of the City to fairly evaluate such matters. The process used was wholly unfair and
biased in favor of Applicant.
See also Exhibit F.
K. Planning referred to its "Environmental Review The Class 1 exemption includes
the ... permitting ... of existing ... private structures, facilities ... involving
negligible or no expansion of us e." Appellant has demonstrated that the Class 1
exemption ifnot met because the Five Crowns Net Public Area is increased to
5,800 square feet a 21 % increase in space and a 50% increase in patron count
from 150 to 225 patrons all without any parking study for where the 33 cars will
be parked off street as there is no parking on Hazel or Poppy.
For the reasons stated above Applicant proposes a 50% increase in patron count with 200
Events a year. Clearly this does not meet the "negligible or no expansion of use" standard and the
exemption as such does not apply.
L. Planning's claim that the residences on Hazel Drive are mixed use in an effort to
justify the Temporary Permit is wholly misplaced. The Applicant must comply
with the Municipal Code and fails to support its Temporary Permit request.
Appellate clearly demonstrates that this entire proposed expansion is since COVID and
effOlis to act as if the residents moved into a neighborhood with this ongoing is both baseless and
insulting.
J. Applicant's reference to a hearing before Steven Graham Pacifico simply shows
the lack of attention City's staff has devoted to supporting its citations.
Appellant's review of the available record of the hearing found that the City failed
to authenticate its testing by calling the employee to administered the test to verify
the results. Appellant knows the test results were over limit because we took the
same readings. The City failed to offer a competent advocate and witness resulting
in a loss that should never have occurred.
Applicant brought a lawyer and the City came unprepared. The result demonstrates the
City's lack of attention it appears when it comes to citing Five Crowns.
II
II
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
City of Newport Beach
December 4, 2024
Page 14
III CONCLUSION
For all the reasons stated in this appeal, the Applicant's request for a Temporary Permit
must be denied. If the Planning Commission is inclined to consider a temporary permit then the
same should be conditioned upon a cessation of operations until an independent traffic study
justifying the increased parking requirement for the expanded Events with instructions that no
on-street parking for patrons or staff be considered, a limitation that amplified sound must stop at
8:00 pm, that operations in the courtyard may continue without amplified sound until 9:00 p.m.,
that sound mitigation meet the observed conditions of the Dickerson opinions, that an
independent monitor be engaged by the City to continuously monitor and make available to
Appellant the sound activity at street level 352 Hazel and the third floor deck and in the event of
three excess limit recordings the permit is terminated subject to an appellate procedure, no use of
the pedestrian gate on Hazel and it be sealed, and that the temporary permit ends June 30, 2025
with no extensions because Applicant must file application to amend UP 1822.
Appellant reserves the right to supplement this submission through close of hearing.
Very truly yours,
Attachments/Enclosures: as indicated.
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
EXHIBIT G
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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EXHIBIT “H”
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
City Clerk’s Office
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3005 | 949 644-3139 FAX
newportbeachca.gov/cityclerk
November 19, 2024
Delivery Via Quest for Ticket No. 599397
Kenneth Catanzarite
RE: CALIFORNIA PUBLIC RECORDS ACT REQUEST DATED NOVEMBER 12,
2024 NOTICE OF DETERMINATION
The City of Newport Beach (“City”) has received and reviewed your California Public
Records Act request dated November 12, 2024. This response will serve as the City’s
notice of determination as to whether the request in whole or part seeks the production
of non-exempt, non-privileged, disclosable public records in the possession of the City,
pursuant to the California Public Records Act (“Act”) (Gov. Code §§ 7920.000 et seq.).
Based on your request for:
Newport Beach Municipal Code Provisions in effect on March 1, 1977
concerning:
1. Outdoor amplified sound noise restrictions where adjacent to residential area.
2. Outdoor restaurant closing time restrictions where adjacent to residential area.
if there is a searchable code would appreciate a link to the Municipal Code in
effect at that time.
All non-exempt, non-privileged, disclosable public records in possession of the City have
been gathered and are attached to this notice hereto.
Additionally, please note that Ordinances, which are required to make changes to the
City’s Municipal Code, can be viewed and searched on the City’s website. To aid in your
research, I have located the below ordinances:
https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=35332&dbid=0&repo=CNB
https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=35310&dbid=0&repo=CNB
https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=35345&dbid=0&repo=CNB
https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=35379&dbid=0&repo=CNB
https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=35408&dbid=0&repo=CNB
Pursuant to the Public Records Act, the City shall make the records promptly available to
any person, electronically and free of charge, or upon payment of fees covering direct
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Kenneth Catanzarite
November 19, 2024
Page 2
costs of duplication, or a statutory fee if applicable. The reimbursable costs associated
with your request are calculated as follows: $0.03 per page for photocopying records
and/or $0.49 per CD/DVD.
If you have any further questions, please contact this office.
Sincerely,
Cassandra Hawks
Records Specialist
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
EXHIBIT “I”
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
10.32.070
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iUI:J'IJUII?iflll. lI!1L\tIJJPIrI'l!flt or 'lI(I!I.lftd
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
EXHIBIT “J”
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
November 10, 2021
Agenda Item No. 8
SUBJECT:The Bungalow Restaurant (PA2021-191)
Limited Term Permit No. XP2021-012
Coastal Development Permit No. CD2021-041
SITE LOCATION:2441 East Coast Highway
APPLICANT:The Bungalow Restaurant LLC
OWNER:2443 East Coast Highway LLC
PLANNER:Joselyn Perez, Assistant Planner
949-644-3312, jperez@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
A limited term permit and coastal development permit to allow a 550-square-foot maximum
expanded dining area for up to a one-year term (January 1, 2022 through December 31,
2022). An expanded outdoor dining area was previously authorized for The Bungalow
Restaurant through Emergency Temporary Use Permit No. UP2020-065 (PA2020-144).
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) and Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to
have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-012 and Coastal Development Permit No. CD2021-041 (Attachment No.
ZA 1).
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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Page 2
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DISCUSSION
The applicant requestsa limited term and coastal development permit to allow a 550-
square-foot maximum expanded dining area for up to a one-year term (January 1,
2022 through December 31, 2022). The existing temporary outdoor dining area was
originally authorized through Emergency Temporary Use Permit No. UP2020-065
(PA2020-144). Emergency Temporary Use Permits were issued by the Community
Development Director in response to the COVID-19 pandemic and pursuant to
Emergency Ordinance No. 2020-005
The temporarily expanded outdoor dining area is located at the rear of the restaurant,
within an existing on-site surface parking lot, and displaces a maximum of four
parking stalls. The outdoor dining area is covered by tents and separated from
vehicle traffic by substantial barriers.
The Bungalow Restaurant provides only eight on-site parking spaces for patrons.
Most of the parking for the restaurant is provided through use of off-site parking
spaces as authorized by Use Permit No. UP1778. The temporary loss of four on-site
parking stalls is not anticipated to negatively impact circulation, as there is adequate
parking available near the restaurant. The locations of the off-site parking lots are
shown on the Vicinity Map (Attachment No. ZA 2).
The nearest residential use is located approximately 55 feet to the west of the
property, across an alley. The temporarily expanded outdoor dining area has been
conditioned to close by 10 p.m. (consistent with the closing time of the restaurant).
No late hours are proposed (beyond 11 p.m.).
The project 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 in the Draft Resolution (Attachment No. ZA 1) to help ensure this operation
is not detrimental to the surrounding uses.
The City is also undergoing an analysis of parking rates including rates related to
food service and outdoor dining. Findings and recommendations of this study are
anticipated by December 2021 and may be incorporated in a future use permit
amendment for outdoor dining areas.
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 and Section
15303 under Class 3 (New Construction or Conversion of Small Structures), 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
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The Bungalow Restaurant LLC (PA2021-191)
Zoning Administrator, November 10, 2021
Page 3
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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 550-square-foot expanded outdoor
dining patio at an existing restaurant for a maximum of a one-year limited term and qualifies
under the parameters of the Class 1 and Class 3 exemptions. There are no known
exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of the
Class 3 Exemption.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners and
residential occupants of property within 300 feet of the boundaries of the site (excluding
intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. Administrative procedures for appeals are provided in
the Newport Beach Municipal Code Chapter 20.64 and 21.64. A fee is not required to appeal
any final action on a coastal development permit to the Planning Commission. The project
site is 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. For additional information
on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
BMZ/jp
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
The Bungalow Restaurant LLC (PA2021-191)
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Page 4
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ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decals
ZA 5 Project Plans
4
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Attachment No. ZA 1
Draft Resolution
5
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
LIMITED TERM PERMIT NO. XP2021-012 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-041 TO ALLOW A
TEMPORARILY EXPANDED OUTDOOR DINING AREA
LOCATED AT 2441 EAST COAST HIGHWAY (PA2021-191)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by The Bungalow Restaurant LLC (Applicant), with respect to
property located at 2441 East Coast Highway, and legally described as Lot 5 and 6 of
Block B, Tract No. 470 in the City of Newport Beach, Orange County, California, requesting
approval of a limited term permit and a coastal development permit.
2. The Applicant requests a limited term and coastal development permit to allow a 550-
square-foot maximum expanded dining area for up to a one (1)-year term (January 1, 2022
through December 31, 2022). The expanded dining area was previously authorized
through Emergency Temporary Use Permit No. UP2020-065 (PA2020-144).
3. The subject property is categorized CC (Corridor Commercial) by the General Plan Land
Use Element and is located within the CC (Commercial Corridor) Zoning District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is CC-B (Corridor Commercial 0.0 - 0.75 FAR) and it is located within the CC
(Commercial Corridor) Coastal Zoning district.
5. A public hearing was held on November 10, 2021, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The 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
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Zoning Administrator Resolution No. ZA2021-###
Page 2 of 12
09-30-21
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 550-square-foot expanded outdoor
dining patio at an existing restaurant for up to a one (1)-year limited term and qualifies
under the parameters of the Class 1 and Class 3 exemptions.
3. The exceptions to the Class 3 Exemption under Section 15300.2 are not applicable. The
project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040(G) (Limited Term Permits) of the NBMC, the following
findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow an extended and expanded outdoor dining patio for up to
a one (1)-year term while the City reconsiders its parking requirements related to food
service (i.e., restaurant) uses. The existing restaurant is authorized through Use Permit
No. UP1778 and its subsequent amendments and allows 1,596 square feet of indoor
dining and 665 square-feet of outdoor dining.
2. The temporarily expanded dining area has not posed a hazard to the general welfare of
persons residing in the area since it was placed during the COVID-19 pandemic in 2020
through an Emergency Temporary Use Permit. The operation of the expanded dining area
is limited to up to a one (1)-year term beginning January 1, 2022, through December 31,
2022, and has been reviewed and conditioned to help preclude any detriment to the
general welfare of the area.
3. Outdoor dining areas are common in the Corona del Mar commercial corridor, have been
used at the subject property during similar hours in the past and the use has not proven
detrimental. The existing hours of operation for outdoor dining at the restaurant are from
11 a.m. to 10 p.m., Monday through Friday and 9 a.m. through 10 p.m. on weekends and
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09-30-21
holidays. The expanded outdoor dining area would close by 10 p.m., as required by
Condition of Approval No. 4.
4. A condition of approval related to heaters is incorporated as Condition of Approval No. 25.
The proposed dining area will also be covered with a tent and must comply with the fire
requirements outlined in Condition of Approval No. 26.
5. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
6. The permitted use shall adhere to applicable State of California and Orange County Health
Care Agency guidelines for the safe operation of the use. It is the responsibility of the
permittee to implement and follow industry-specific guidance of the State of California and
the Orange County Health Care Agency guidelines.
7. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
8. The overall plan includes appropriate delineation of outdoor use spaces with physical
barriers or markers.
9. The expanded dining area will not impede pedestrian coastal access since this is an inland
property adjacent to East Coast Highway.
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 8,123 square feet in size gently slopes up towards East
Coast Highway. Public records indicate that the restaurant has been in operation since
1976, with outdoor dining initially added in 1996 and expanded in 2016. Based upon the
site plan, there is adequate area to accommodate the expanded dining area without
impacting pedestrian circulation and coastal access.
2. The property is located on the northeasterly corner of East Coast Highway and Carnation
Avenue. Across East Coast Highway is a Chevron service station and residential uses
beyond restaurant and other
retail and personal services. A private parking lot is located immediately south of the
subject property, and the site is bounded to the west by other commercial uses. The
expanded outdoor dining area will not impede use and enjoyment of the properties in the
area and will instead add to the ambiance and quaint character of Corona del Mar.
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09-30-21
3. Thetemporarilyexpanded dining areaoccupies four (4) standard parking spaces.No traffic
or site circulation issues have been experienced during the current operation and are,
therefore, not anticipated.
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
Facts in Support of Finding:
1. Vehicular access for the subject lot is from Carnation Avenue.
2. The restaurant provides only eight (8) on-site parking spaces for patrons. Most of the
parking for the restaurant is provided through use of off-site parking spaces as authorized
by Use Permit No. UP1778. The temporary loss of four (4) on-site parking stalls is not
anticipated to negatively impact circulation as there is adequate parking available near the
restaurant.
3. The City is also undergoing an analysis of parking rates including rates related to food
service and outdoor dining. Findings and recommendations of this study are anticipated
by December 2021 and may be incorporated in a future use permit amendment for outdoor
dining areas.
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
Fact in Support of Finding:
1. The existing restaurant has operated at the subject property for decades. The existing on-
site surface parking lot has historically provided only a fraction of parking to serve the
restaurant with most of the parking being provided through an off-site parking agreement.
The on-site surface lot is should accommodate the temporary use for up to a one (1)-year
term without negatively impacting parking as patrons are able to park off-site.
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.
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Facts in Support of Finding:
1. The General Plan land use category for this site is CC (Corridor Commercial). The CC
Category 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
expanded outdoor dining use is accessory to the existing food service use with outdoor
dining, will be utilized for a limited duration on-site, and will not impede use of the site
consistent with the CC Category. Outdoor dining is a use that tends to foster additional
pedestrian activity.
2. The site is located in the CC (Commercial Corridor) Zoning District. The CC District 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 CC District allows
food service uses and the expanded dining area is a temporary use, authorized with a
limited term permit.
3. The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CC District of Corona del
Mar in that it provides amenities that support visitors to the area and provides a social
gathering place for those who live and work in the neighborhood, consistent with General
Plan Land Use Element Goal LU 2, below. Additional benefits include providing
opportunities for the continuation of local businesses that generate sales tax and provide
opportunities for employment, which is consistent with General Plan Land Use Element
Policy LU 2.4 (Economic Development), also copied below:
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
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support alocal business and economic prosperity while
maintaining the unique character of the Corona del Mar community.
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09-30-21
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
1. The project site is not located adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. The nearest coastal
viewpoint is approximately 1,300 feet southwest of the restaurant, at Begonia Park. There
are no designated viewpoints immediately north of the restaurant or at a higher elevation
than the restaurant. As currently developed, the restaurant is separated from Begonia Park
by four (4) blocks of residential structures and Begonia Park is not visible from the
restaurant. Additionally, 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. The project does not contain
any unique features that could degrade the visual quality of the coastal zone.
2. The property is in the coastal zone and the proposed improvements require a coastal
development permit in accordance with Newport Beach Municipal Code (NBMC)
Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements constitute an increase of ten (10) percent or more of
the internal floor area of an existing structure or a lesser improvement that has
previously been undertaken pursuant to California Public Resources Code Section
30610(a). The expanded outdoor dining area and substantial barriers are minor,
detached, structures. The location of these improvements does not pose a conflict to
coastal resources, coastal access, or other adverse environmental effects.
3. Improvements are complementary to the area; the subject restaurant and adjacent
neighbors have similar outdoor dining improvements within the walkways of Corona del
Mar.
4. A substantial barrier is installed along the perimeter of the outdoor dining area. The
barrier delineates the area dedicated for outdoor dining use and alcohol service from
the surface parking lot. There are no existing City utilities within the expanded 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 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.
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6. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
7. The proposed development will not result in the erection of any permanent structures
valued at more than $25,000.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal
Act if the project is located between the nearest public road and the sea or shoreline of any
body of water located within the coastal zone.
Fact in Support of Finding:
1. The project site is not located between the nearest public road and the sea or shoreline.
Implementation Plan Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) requires that the provision of public access bear a reasonable relationship
between the requirement In this
case, the project is not located by the sea where lateral and vertical coastal access would
be needed.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment. The exceptions to the Class 3 Exemption under
Section 15300.2 are not applicable.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-012 and Coastal Development Permit No. CD2021-041 subject to the
conditions set forth in Exhibit A,which is attached hereto and incorporated by reference.
3. This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and Zoning
and Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code.
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.
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PASSED, APPROVED, AND ADOPTED THIS 10
TH DAY OF NOVEMBER, 2021.
____________________________
Jaime Murillo, Zoning Administrator
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CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval (except as
modified by applicable conditions of approval).
2. The approval of this Limited Term Permit and Coastal Development Permit shall be
effective for up to a one (1)-year term January 1, 2022, to December 31, 2022. The
Applicant shall be required to cease all permitted operations and remove any temporary
improvements made to the outdoor spaces as part of this Limited Term Permit on or before
December 31, 2022.
3. The expanded dining area shall not exceed 550 square feet in area.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
10 p.m.
5. There shall be no use of amplified sound.
6. The Applicant shall install and maintain a physical barrier between any area used and
adjacent common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
7. The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the Applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
8.
prohibited.
9. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
10. 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.
11. The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
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12. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13. The Applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this
approval.
14. This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
15. 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.
16. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
court costs) of every kind and nature whatsoever which may arise from or in any manner
Limited Term Permit No. XP2021-
012 and Coastal Development Permit No. CD2021-041 (PA2021-191) for The Bungalow
Restaurant. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether incurred
by Applicant, City, and/or the parties initiating or bringing such proceeding. The
Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages
which City incurs in enforcing the indemnification provisions set forth in this
condition. The Applicant shall pay to the City upon demand any amount owed to the
City pursuant to the indemnification requirements prescribed in this condition.
Building Division
17. 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 (1) accessible seating area shall be provided.
e.Detectable warnings are required when pedestrian paths cross or are adjacent to a
vehicular way where no physical barrier are provided to separate the two (2).
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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 Department
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 3-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.
25. Heat lamps or other heating elements shall comply with the following requirements in
accordance with code section 3107.12 of the California Fire Code:
a. Propane and other fuel-based heating elements (including but not limited to
flammable/combustible gas, liquid, or solid materials) shall not be used within tents
or canopies.
b. Electric heaters must be ul listed for use within tents and/or canopies.
c. Propane and other fuel-based heating devices with blowers may be permitted, with
the heating element located a minimum of 10 feet from the edge of the tent or
canopy.
d. All heating equipment installations shall be approved for the fire code official.
26. Covered outdoor dining areas (separate or consolidated) shall comply with the following
standards for tents larger than 400 square feet (two [2] or more walls) and/or canopies
larger than 700 square feet (no walls or one [1] wall):
Post maximum occupant load.
Do not exceed posted occupant load inside the tent or canopy.
Visible and Mounted Fire Extinguishers with current service tags.
No Smoking Signs shall be installed.
Illuminated Exit Signs shall be installed.
Emergency Lighting shall be provided.
Exit doors are not to be blocked and are to remain accessible as exits while the tent
is occupied.
All interior decorative fabrics or materials shall be flame resistant. Provide
Certificates of Flame Resistance.
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If Propane is used, a permit is required: Cooking and heating equipment shall not be
located within 10 feet of exits or combustible materials.
LPG containers shall be located outside and be adequately protected and secured,
and a permit will be required. Open flame or other devices emitting flame, such as
candles, are not permitted inside or within 20 feet of the tent, canopy, or temporary
membrane structure.
Tents and canopies shall have the State Fire Marshal tag indicating fire resistance.
Tents and canopies shall be designed and installed to withstand the elements of the
weather and prevent collapsing through weights and ground anchorage.
Public Works Department
27. The Applicant shall install and maintain a substantial physical barrier (water-filled traffic
barrier or K-rail between any area used and adjacent to any street, driveway, or parking
area).
28. 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.
29.
prohibited.
30. Public eating/dining at tables shall not be situated on top of energized vault lids, energized
underground structures, or next to vent pipes, etc.
31. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided in Attachment No. ZA 4.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit No. XP2021-012 and
Coastal Development Permit No. CD2021-041
(PA2021-191)
2441 East Coast Highway
Subject Property
Off-site parking
Off-site parking
Off-site parking
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Attachment No. ZA 3
Emergency Temporary Use Permit
Action Letter
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (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:The Bungalow ETUP and ECDP (PA2020-153)
Emergency Temporary Use Permit No. UP2020-065
Emergency Coastal Development Permit No. CD2020-073
Site Location 2441 East Coast Highway
Applicant Louie Feinstein of Bungalow Restaurant, LLC
Property Owner 2443 East Coast Highway, LLC
On July 23, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-065 and Emergency Coastal Development Permit No. CD2020-
073. 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
a temporary outdoor dining area within an existing parking lot adjacent to The Bungalow
restaurant. The temporarily expanded area will allow up to 14 tables with seating for up to
48 patrons. All tables will be separated by at least seven (7) feet to ensure appropriate
social distancing is practiced. Six (6) parking spaces will be displaced as part of this
request.
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
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
temporary expansion of the outdoor dining area for an existing restaurant and is within the
parameters noted for these exemptions and will not have a significant effect on the
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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 temporaryand only valid during the emergency order
established by Emergency Ordinance No. 2020-005.
2. The project, base
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. The proposed operation does not extend any hours of operation beyond those
currently permitted and the temporary outdoor dining patio only operate until 10 p.m.,
daily.
7. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
8. The plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
9. 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.
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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 outdoor dining area shall operate in substantial conformance with the site
plan provided in Attachment No. CD 3.
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 requirements, and permit
procedures that regulate the use and development of private or public property
operations are suspended only to the extent that the these provisions or restrictions
set forth in a discretionary permit conflict with the terms of this Emergency Temporary
Use Permit.
3. The existing allowed hours of operation of the establishment shall not be extended.
The hours of hours of operation of the area modified as part of this Emergency
Temporary Use Permit shall not extend beyond 10 p.m., daily.
4. The use of amplified sound within the temporary area shall be prohibited.
5. 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.
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6. 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.
7. 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 from 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.
8. The sale of alcohol to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
9. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
10. 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.
11. The permittee shall provide adequate trash receptacles within the permitted patio
shall and the operator shall provide for periodic and appropriate removal of trash,
litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet
of the premises.
Building
12. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a.An accessible path to all functional area shall be provided.
b.Access to restrooms shall always be provided .
c.Accessible parking stalls shall not be used for seating areas when onsite
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.
13. 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.
14. Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide, and 19 inches deep.
15. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches
above the finish floor.
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Fire
16. 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.
17. The following are applicable to tents that are 400 square feet or more in area (with
two walls) and canopies that are 700 square feet or more in area.
a. Post maximum occupant load.
b. Do not exceed posted occupant load inside the tent or canopy.
c. Visible and Mounted Fire Extinguishers with current service tags.
d. No Smoking Signs shall be installed.
e. Illuminated Exit Signs shall be installed.
f. Emergency Lighting shall be provided.
g. Exit doors are not to be blocked and are to remain accessible as exits while the
tent is occupied.
h. All interior decorative fabrics or materials shall be flame resistant.
Provide Certificates of Flame Resistance.
i. If Propane is used, a permit is required: Cooking and heating equipment
shall not be located within 10 feet of exits or combustible materials.
j. 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.
k. Tents and canopies shall have the State Fire Marshal tag indicating fire
resistance.
l. Tents and canopies shall be designed and installed to withstand the
elements of the weather and prevent collapsing through weights and
ground anchorage.
Public Works
18. 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.
19.
prohibited.
20. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
21. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples
provided in Attachment No. CD 2.
22. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
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23. 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.
24. 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
25. 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.
26. 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.
27. 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. This
indemnification shall include, but not be limited to, damages awarded against the
City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether
incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any
amount owed to the City pursuant to the indemnification requirements prescribed
in this condition.
//
//
//
//
//
//
//
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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,
_____________________
Benjamin M. Zdeba, AICP
Senior Planner
Attachments: CD 1 Filed Application
CD 2 SCE Clearance Decal Examples
CD 3 Site Plan Diagram
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.
Applicant Name and Title
Signature Date
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Attachment No. CD 1
Filed Application
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Community Development Department
Planning Permit Application
1. Check Permits Requested:
D Approval-in-Concept -Ale # D Lot Merger
D Coastal Development Permit D Limited Term Permit-o Waiver for De Minimis Development 0 Seasonal 0 < 90 day 0>90 days
D Coastal Residential Development D Modification Permit
D Condominium Conversion D Off-Site Parking Agreement
D Comprehensive Sign Program D Planned Community Development Plan
D Development Agreement D Planned Development Permit
D Development Plan D Site Development Review -0 Major 0 Minor
D Lot Line Adjustment D Parcel Map
2. Project Address(es)/Assessor's Parcel No(s)
I 2.<\~\ 10 CO-A ..... , 't\UJi
erry OF NEVVPORT BEj:~CH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
D Staff Approval
D Tract Map
D Traffic Study
D Use Permit -OMinor OConditional
D Amendment to existing Use Permit
IjJ Emergency Temp. Use Permit/CDP
D Variance
D Amendment -OCode OPC OGP OLCP
D Other:
3. Project Description and Justification (Attach additional sheets if necessary):
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6. ownerName~1 ~====~=~=>=t\==~==~=~========================~~ ____ ~========~'
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Phone 1 Fax !--I ____ ---', Email !--I _________ ----'1
7. PropertyOwne~sAffidavH*: (1)(We)~~~~~~~~~~~~~~~~~~~~~~~
depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further
certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information
herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief.
Signature(s):{'---Prz'-~+--\r-___ Title: /fupaf11 ~3I~kJ Date: I 1 (J,.l:Z:: I
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*May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the
application. Please note, the owner(s)' signature for ParcellTract Map and Lot Line Adjustment Application must be notarized.
1:\Users\CDD\Shared\Admin\Planning_Division\Applications\AppIication_Guidelines\Covid-19 application update\Planning Permit Application -Covid-19.docx Rev: 0511812020
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
31
Project Description
• Install a 20 X 40 open air tent in back parking lot
• Bungalow restaurant has instituted all state and county mandated regulation insuring that our
guests and team members are in a safe environment. Every two weeks the restaurant and patio
are cleaned by ~ervPro a professional sanitation company. We follow all sanitation during
operation with sanitizing all surfaces every 30 min. hand sanitizer stations are provided.Mask
are required by guest and staff
• Hours of Operation-Daily 3pm-10pm
• Occupancy-Front patio-7 tables 28 guests, downstairs patio-10 tables, 36 guests, tent patio-14
ta bles, 48 guests
• Valet parking has 50 spaces
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Attachment No. CD 2
SCE Clearance Decal Examples
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
D5435
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
The Bungalow ETUP and ECDP (PA2020-153)
July 23, 2020
Page 2
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Attachment No. CD 3
Site Plan Diagram
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
7/17/2020
0 8040
37
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Attachment No. ZA 4
SCE Clearance Decals
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
39
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
D5441
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Tmplt: 05/27/20
Attachment No. ZA 5
Project Plans
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Feet
Every reasonable effort has been made to assure the
accuracy of the data provided, however, The City of
Newport Beach and its employees and agents
disclaim any and all responsibility from or relating to
any results obtained in its use.
Disclaimer:
11/2/2021
0 11758
43
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
From: Jackie Peters <jackie@theworkofart.com>
Sent: November 08, 2021 9:09 AM
To: Perez, Joselyn <JPerez@newportbeachca.gov>
Cc: Brenner, Joy <JBrenner@newportbeachca.gov>
Subject: Opposition to the Bungalow Increase of Capactiy Permit
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Dear Ms. Perez
I am a 21-year homeowner residing on Begonia Ave., the street behind Bungalow
restaurant. I am writing to oppose the Bungalow Increase in Capacity Permit.
A) The assertation that all Bungalow employees park in the Avocado structure
is entirely false.
Daily, in the late afternoon, I witness persons parking in front of my home, getting
out of their car, putting on either a white chef's coat or a black waiter's apron, and
walking towards Bungalow. Restaurant workers parking in my neighborhood before
their shift is the state of affairs on Begonia Ave. Relying on restaurant workers to
comply and park four blocks away from their shift location is not working.
B) The giant, white, plastic "ICU" tent in Bungalow's parking lot in no way
complements the neighborhood.
I can see Bungalow's giant, white, plastic "ICU" tent from my rooftop. It is an
eyesore, a source of excessive noise and light late into the night.
The apparent reason Bungalow wants to extend its permit is that the giant, white,
Zoning Administrator - November 10, 2021
Item No. 8a Additional Materials Received
The Bungalow Restaurant LLC Limited Term Permit and Coastal Development Permit (PA2021-191)
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
From: Judy Wagner <judykay@yahoo.com>
Sent: Tuesday, November 9, 2021 1:53 PM
To: Perez, Joselyn <JPerez@newportbeachca.gov>
Cc: Brenner, Joy <JBrenner@newportbeachca.gov>
Subject: Bungalow Temporary permit request
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and
know the content is safe.
I’m against granting any sort of expansion, temporary or permanent, to The Bungalow restaurant.
The ‘Facts’ used to describe the potential impact of the expanded dining area on the neighborhood
are false.
The Bungalow has never used 2101 E Coast Hwy for employee nor valet parking. They MAY lease
spaces, I’m assuming that would have been be verified before relying on it as fact for granting
permits (if not, it should be), but they absolutely do NOT use any spaces in that garage. I’ve
recorded two weekend nights at the parking garage with ZERO cars during prime dinner hours. I can
also attest to restaurant employees parking on 4th Ave every-single-day of the week. I can also attest
to Valet parking using our streets for parking.
Zoning analysis states that the expansion will not affect the local streets. However, this is untrue. A
25% expansion will bring 25% more huge diesel delivery trucks, and 25% more garbage pick-ups,
25% more staff, 25% more customer cars. Trucks are already prohibited on our local streets and yet
zoning, the NBPD, and The bungalow have all refused to address the issue. There is current NB
zoning prohibiting these trucks!!!
The Bungalow may have had some hardship from a falloff in dining receipts from 2020, but, a few
factors have already alleviated their potential shortfall.
they received over $800,000 in PPP loans that were forgiven.
They remained open for business during the state mandated dining closure.
Business is back to normal. On Father’s day they had 400 reservations—this is in excess of
capacity limits outlined in the Covid related Temporary use Permit which states the outdoor dining
permits do not increase the existing overall capacity.
Finally, not a single surrounding resident was interviewed by NB Zoning and yet the resolution
states that there is not currently any disruption to the surrounding community.
I personally have called NBPD twelve times to report streets blocked by delivery trucks ks.
I personally have called NBPD because The Bungalow had outdoor amplified music which is
specifically prohibited. One of these occasions was a DJ with amplified sound in the Emergency use
tent!!!!
Knocking on a few doors would have been the responsible thing to do.
NB Zoning has not been responsible in protecting local residents from commercial disruption. This
Zoning Administrator - November 10, 2021
Item No. 8b Additional Materials Received
The Bungalow Restaurant LLC Limited Term Permit and Coastal Development Permit (PA2021-191)
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
EXHIBIT 11K II
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
December 16, 2021
Agenda Item No. 10
SUBJECT:El Cholo (PA2021-189)
Limited Term Permit No. XP2021-008
SITE LOCATION:3520 East Coast Highway
APPLICANT:El Cholo Corona del Mar
OWNER:Walter C. Boice
PLANNER:Liz Westmoreland, Associate Planner
949-644-3234,lwestmoreland@newportbeachca.gov
LAND USE AND ZONING
General Plan Land Use Plan Category:CC (Corridor Commercial)
Zoning District: CC (Commercial Corridor)
PROJECT SUMMARY
A request for a limited term and coastal development permit to allow a 520-square-foot
maximum expanded dining area for up to a one-year term (January 1, 2022 through
December 31, 2022). An expanded dining area was previously authorized through
Emergency Temporary Use Permit (ETUP) No. UP2020-030 (PA2020-103) for El Cholo
Corona del Mar.
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) and Section 15303
under Class 3 (New Construction or Conversion of Small Structures) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
it has no potential to have a significant effect on the environment; and
3) Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit
No. XP2021-008 (Attachment No. ZA 1).
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
El Cholo (PA2021-189)
Zoning Administrator, December 16, 2021
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DISCUSSION
A request for a limited term and coastal development permit to allow a 520 square-
foot maximum expanded dining area for up to a one-year term (January 1, 2022
through December 31, 2022). An expanded dining area was previously authorized
through Emergency Temporary Use Permit No. UP2020-030 (PA2020-103) for El
Cholo Corona del Mar.
The proposed outdoor dining area is located adjacent to the existing outdoor patio
area approved under conditional use permit (UP1980A). The additional outdoor
dining area is a logical extension of the existing patio area and is located on private
property.
A surface parking area is provided across the alley at the rear of the property. The
expanded dining area will not impact any of the parking spaces within this lot. The
existing food service use is located in a commercial corridor and proposes to operate
all day and into the evening hours with peak hours when other retail and office uses
on the property are typically not operating. Sufficient parking is provided on-site and
no traffic issues are anticipated with the continued use of the expanded dining area.
To date, no complaints regarding the availability of parking have been received.
The City is also undergoing an analysis of parking rates including rates related to
food service and outdoor dining. Findings and recommendations of this study are
anticipated by December of 2021, and may inform a future conditional use permit
amendment for outdoor dining areas.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures), 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.
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 520-square-foot expanded outdoor
dining patio at an existing restaurant for a up to a one-year limited term and qualifies under
the parameters of the Class 1 and Class 3 exemptions. There are no known exceptions
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
El Cholo (PA2021-189)
Zoning Administrator, December 16, 2021
Page 3
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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 of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. Administrative procedures for appeals are provided in
the Newport Beach Municipal Code Chapter 20.64 For additional information on filing an
appeal, contact the Planning Division at 949-644-3200.
Prepared by:
______________________________
Liz Westmoreland, Associate Planner
law
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Emergency Temporary Use Permit Action Letter
ZA 4 SCE Clearance Decals
ZA 5 Project Plans
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Attachment No. ZA 1
Draft Resolution
4
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
RESOLUTION NO. ZA2021-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING
LIMITED TERM PERMIT NO. XP2021-008 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 3520 EAST
COAST HIGHWAY (PA2021-189)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by El Cholo Corona Del Mar, with respect to property located at
3520 East Coast Highway, and legally described as Parcel 1 of Resubdivision 645 in the
City of Newport Beach, Orange County, California, requesting approval of a limited term
permit.
2. A request for a limited term to allow a 520-square-foot maximum expanded dining area for
up to a one (1)-year term (January 1, 2022 through December 31, 2022). An expanded
dining area was previously authorized through Emergency Temporary Use Permit No.
UP2020-030 (PA2020-103) for El Cholo Corona del Mar.
3. The subject property is designated CC (Corridor Commercial) by the General Plan Land
Use Element and is located within the CC (Commercial Corridor) Zoning District.
4. A public hearing was held on December 16, 2021, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The 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 520-square-foot expanded outdoor
dining patio at an existing restaurant for up to a one (1)-year limited term and qualifies
under the parameters of the Class 1 and Class 3 exemptions.
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Zoning Administrator Resolution No. ZA2021-###
Page 2 of 10
09-30-21
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040.G (Limited Term Permits) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A. The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
requested limited duration use;
Facts in Support of Finding:
1. The limited term permit will allow an extended and expanded outdoor dining patio for up to
a one (1)-year term while the City reconsiders its parking requirements related to food
service uses.The existing food service use is authorized through Use Permit No. UP1980A
which allows 2,250 square feet of interior net public area and 1,026-square-foot outdoor
net public area.
2. The proposed outdoor dining area is located adjacent to the existing outdoor patio area
approved under UP1980A. The additional outdoor dining area is a logical extension of the
existing patio area and is located on private property. The expanded patio is located within
a driveway that connects Coast Highway to the alley in the rear of the property, which is
not currently being utilized. Adequate barriers will be required to protect the expanded patio
area from motorists on Coast Highway.
3. The expanded dining area has not posed a hazard to the general welfare of persons
residing in the area since it was placed during the COVID-19 pandemic in 2020 through
an Emergency Temporary Use Permit. The operation of the expanded dining area is
limited to up to a one (1)-year beginning January 1, 2022, through December 31, 2022,
and has been reviewed and conditioned to preclude any detriment to the general welfare
of the area.
4. Outdoor dining areas are common in the Corona del Mar commercial corridor, have been
used at the subject property during similar hours in the past and the use has not proven
detrimental. The existing hours of operation for the restaurant are 11:30 a.m. through 9:00
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Zoning Administrator Resolution No. ZA2021-###
Page 3 of 10
09-30-21
p.m., daily. The expanded outdoor dining area would close by 9:00 p.m., Monday through
Thursday, and by 10:00 p.m., Friday through Sunday, as required by Condition No. 4.
4. A condition of approval related to heaters is incorporated as Condition of Approval No. 26.
If the proposed plan is modified to include a tent, then it must comply with the fire
requirements outlined in Condition No. 27.
5. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
6. The permitted use shall adhere to applicable State of California and Orange County Health
Care Agency guidelines for the safe operation of the use. It is the responsibility of the
permittee to implement and follow industry-specific guidance of the State of California and
the Orange County Health Care Agency guidelines.
7. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
8. The overall plan includes appropriate delineation of outdoor use spaces with physical
barriers or markers.
Finding:
B. The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1. The subject lot is approximately 0.19 acre in size and is a gently sloping property adjacent
to East Coast Highway. The existing food service use with outdoor dining has operated at
this location since its original approval in 1980. Based upon the site plan, there is adequate
area to accommodate the expanded dining area without impacting pedestrian circulation,
since the expanded patio is located entirely on private property.
2. The lot is bounded by East Coast Highway to the west with residential properties inland to
the east. To the north is an adjacent office/retail property within Commercial Corridor
zoning district. To the south are additional restaurant (Rose Bakery) and retail properties
within the Commercial Corridor zoning district. Existing food service uses with outdoor
dining and retail tenants are located at this site. The expanded outdoor dining use will not
impede use and enjoyment of the properties in the area and will instead add to the
ambiance and quaint character of Corona del Mar.
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Zoning Administrator Resolution No. ZA2021-###
Page 4 of 10
09-30-21
Finding:
C. The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
Facts in Support of Finding:
1. The subject lot is accessed from East Coast Highway and the alley in the rear of the
property. A surface parking area is provided across the alley. The existing food service
use, (El Cholo), is located in a commercial corridor area and proposes to operate all day
and into the evening hours with peak hours when other retail and office uses on the
property are typically not operating. Sufficient parking is provided on-site and no traffic
issues are anticipated with the continued use of the expanded dining area.
2. The City is also undergoing an analysis of parking rates including rates related to food
service and outdoor dining. Findings and recommendations of this study are anticipated
by December of 2021, and may inform a future conditional use permit amendment for
outdoor dining areas.
Finding:
D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on-site or at alternate locations acceptable to the Zoning
Administrator; and
Facts in Support of Finding:
1. The existing food service use with outdoor dining has operated at the subject property
since 1980. The existing surface parking lot has historically served as the primary
parking supply for patrons. The surface lot is expected to adequately accommodate the
temporary use for up to a one (1)-year term.
2. The expanded dining area is located inland of Coast Highway outside of the coastal
zone and will not impede pedestrian access to or parking for the waterfront.
Finding:
E. The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use designation for this site is CC (Corridor Commercial). 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
expanded outdoor dining use is accessory to the existing food service use with outdoor
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Zoning Administrator Resolution No. ZA2021-###
Page 5 of 10
09-30-21
dining, will be utilized for a limited duration on-site, and will not impede use of the site
consistent with the CC designation. Outdoor dining is a use that tends to foster additional
pedestrian activity.
2. The site is located in the CC (Commercial Corridor) Zoning District. 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 CC zoning
district allows food service uses and the expanded dining area is a temporary use,
authorized with a limited term permit.
3. The Limited Term Permit for expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CC Zoning District of
Corona del Mar in that it provides amenities that support visitors to the area and provides
a social gathering place for those who live and work in the neighborhood, consistent with
General Plan Land Use Element Goal 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
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support alocal business and economic prosperity while
maintaining the unique character of the Corona del Mar community.
5. The site is not located within a specific plan area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act pursuant to Section
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Zoning Administrator Resolution No. ZA2021-###
Page 6 of 10
09-30-21
15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-189 subject to the conditions set forth in Exhibit A, which is attached
hereto and incorporated by reference.
3.This action shall become final and effective 14 days following the date this Resolution was
adopted unless within such time an appeal or call for review is filed with the Community
Development Director in accordance with the provisions of Title 20 Planning and Zoning
of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 16
TH DAY OF DECEMBER, 2021.
____________________________
Jaime Murillo, Zoning Administrator
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Zoning Administrator Resolution No. ZA2021-###
Page 7 of 10
09-30-21
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
The development shall be in substantial conformance with the approved site plan,
floor plans and building elevations stamped and dated with the date of this approval
(except as modified by applicable conditions of approval).
The approval of this Limited Term Permit shall be effective for up to a one (1)-year
term January 1, 2022, to December 31, 2022. The applicant shall be required to
cease all permitted operations and remove any temporary improvements made to
the outdoor spaces as part of this Limited Term Permit on or before December 31,
2022.
The expanded dining area shall not exceed 520 square feet in area.
The existing allowed hours of operation of the establishment shall not be extended.
The hours of operation of the expanded area as part of this approval shall not extend
beyond 9 p.m., Monday through Thursday, and shall close by 10:00 p.m., Friday
through Sunday.
There shall be no use of amplified sound.
The applicant shall install and maintain a physical barrier between any area used
and adjacent common pedestrian walkways in accordance with the requirements of the
State Department of Alcoholic Beverage Control.
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.
prohibited.
The establishment shall abide by all applicable Orange County Health Care
Agency requirements.
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.
The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Zoning Administrator Resolution No. ZA2021-###
Page 8 of 10
09-30-21
The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
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
.
This Limited Term Permit be modified or revoked by the Zoning Administrator if
determined that the proposed uses or conditions under which it is being operated or
maintained is detrimental to the public health, welfare or materially injurious to property
or improvements in the vicinity or if the property is operated or maintained so as to
constitute a public nuisance.
Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Limited Term Permit.
To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
court costs) of every kind and nature whatsoever which may arise from or in any manner
of this Limited Term Permit No.
XP2021-(PA2021-) for El Cholo.This indemnification shall include, but not
be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees,
and other expenses incurred in connection with such claim, action, causes of
action, suit or proceeding whether incurred by applicant, City, and/or the parties
initiating or bringing such proceeding. The applicant shall indemnify the City for all of
City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Building Division
17. 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 (1) accessible seating area shall be provided.
e.Detectable warnings are required when pedestrian paths cross or are adjacent to a
vehicular way where no physical barrier are provided to separate the two (2).
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.
12
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Zoning Administrator Resolution No. ZA2021-###
Page 9 of 10
09-30-21
19. All tops of dining and work surfaces shall be 28 inches to 34 inches above the finish
floor.
Fire Department
20.Fire lane(s) shall be identified on the plan.
21. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
22. 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.
23. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three-foot clearance in all directions.
24. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
25. 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.
26. Heat lamps or other heating elements shall comply with the following requirements in
accordance with code section 3107.12 of the California Fire Code:
a. Propane and other fuel-based heating elements (including but not limited to
flammable/combustible gas, liquid, or solid materials) shall not be used within tents
or canopies.
b. Electric heaters must be UL listed for use within tents and/or canopies.
c. Propane and other fuel-based heating devices with blowers may be permitted, with
the heating element located a minimum of 10 feet from the edge of the tent or
canopy.
d. All heating equipment installations shall be approved for the fire code official.
27. Covered outdoor dining areas (separate or consolidated) shall comply with the
following standards for tents larger than 400 square feet (2 or more walls) and/or
canopies larger than 700 square feet (no walls or one (1) wall):
Post maximum occupant load.
Do not exceed posted occupant load inside the tent or canopy.
Visible and Mounted Fire Extinguishers with current service tags.
No Smoking Signs shall be installed.
Illuminated Exit Signs shall be installed.
Emergency Lighting shall be provided.
Exit doors are not to be blocked and are to remain accessible as exits while the
tent is occupied.
All interior decorative fabrics or materials shall be flame resistant. Provide
Certificates of Flame Resistance.
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Zoning Administrator Resolution No. ZA2021-###
Page 10 of 10
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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.
Public Works Department
The Applicant shall install and maintain a substantial physical barrier (water-filled
traffic barrier or K-rail between any area used and adjacent to any street, driveway, or
parking area).
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.
Seating or structures below overhe
prohibited.
Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
Expanded outdoor dining areas shall adhere to the SCE clearance decal
examples .
14
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Attachment No. ZA 2
Vicinity Map
15
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
VICINITY MAP
Limited Term Permit No. XP2021-008
(PA2021-189)
3250 East Coast Highway
Subject Property
16
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Attachment No. ZA 3
Emergency Temporary Use Permit Action Letter
17
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (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:El Cholo (PA2020-103)
Emergency Temporary Use Permit No. UP2020-030
Site Location 3520 East Coast Highway
Applicant El Cholo CdM, Inc.
Property Owner Walter C. Boice Family Trust
On June 10, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-030. This approval is based on the following findings and subject
to the following conditions.
I. SUMMARY OF PROPOSED MODIFIED OPERATION
The Applicant proposes to modify operations for the existing El Cholo restaurant to ensure
the safety of its employees and patrons, as described in Attachment No. CD 2. The modified
operations are summarized as follows:
1. Temporary placement of six (6) additional tables with four (4) seats each within an
unused driveway abutting the existing building to the west. Each end of the driveway
will be blocked off with large potted plants.
2. Alcohol will be sold and served to dine-in patrons in accordance with the
requirements of the California Department of Alcoholic Beverage Control (ABC).
3. All tables will be placed such that they are at least seven (7) feet apart.
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), 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. 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
existing public or private structures, facilities, mechanical equipment, or topographical
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Page 2
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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 permitted project meets
these criteria and 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 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.
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 permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
5. The plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
6. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
7. This Emergency Temporary Use Permit and Emergency Coastal Development
Permit does not extend the allowed hours and days of operation beyond those
currently permitted by any applicable City- or County-issued discretionary permit.
8. The proposed operation is necessary to provide adequate space to allow for
appropriate social distancing to prevent further spread of COVID-19. The proposed
site plan or use diagram provides adequate areas for patrons to practice social
distancing to reduce the likelihood of spreading COVID-19.
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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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.
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 the 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
occurrence and as
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 applicant shall place substantial barriers at the driveway entrances from Coast
Highway and the alley to prevent vehicles from entering the temporary dining area.
5. The existing allowed hours of operation of the establishment shall not be extended.
The area modified as part of this approval shall close by 9 p.m., Sunday through
Thursday, and by 10 p.m. on Fridays and Saturdays.
6. The use of amplified sound within the temporary area shall be prohibited.
7. All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum of seven (7) feet to ensure proper social distancing is maintained.
8. 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 ABC.
9. The sale of alcohol to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
10.The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
20
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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June 10, 2020
Page 4
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11.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.
12.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.
13.Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons as follows:
a.An 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.Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide and 19 inches deep.
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.
14.All tops of dining and work surfaces shall be 28 inches to 34 inches above the
finish floor.
15.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.
16.Fire lane(s) shall be identified on the plan and kept free and clear.
17.Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
18.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.
19.All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
20.Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
21.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.
22.The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
21
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
El Cholo (PA2020-103)
June 10, 2020
Page 5
Tmplt: 05/22/2020
23.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.
24.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
25.This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed.
26.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.
27.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,
s fees,
disbursements and court costs) of every kind and nature whatsoever which may
this
Emergency Temporary Use Permit. This indemnification shall include, but not be
limited to, damages awarded against the City, if any, costs of suit, attorneys' fees,
and other expenses incurred in connection with such claim, action, causes of
action, suit or proceeding whether incurred by applicant, City, and/or the parties
initiating or bringing such proceeding. The applicant shall indemnify the City for all
of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
22
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
El Cholo (PA2020-103)
June 10, 2020
Page 6
Tmplt: 05/22/2020
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,
______________________________
Benjamin M. Zdeba, AICP
Senior Planner
Attachments: CD 1 Filed Application
CD 2 Written Project Description
CD 3 Site Plan Diagram
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.
Applicant Name and Title
Signature Date
23
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
El Cholo (PA2020-103)
June 10, 2020
Page 7
Tmplt: 05/22/2020
Attachment No. CD 1
Filed Application
24
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
25
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Attachment No. CD 2
Written Project Description
26
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
27
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
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Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
El Cholo (PA2020-103)
June 10, 2020
Page 2
Tmplt: 05/22/2020
Attachment No. CD 3
Site Plan Diagram
30
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
DocuSign Envelope ID: 888970E4-E777-4C4F-8A53-EA83A6E97448
City of Newport Beach
Temporary Use Permit Program
Date:C,-4-20
31-
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Attachment No. ZA 4
SCE Clearance Decals
32
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
SOUTHERN CALIFORNIA EDISON
TRANSMISSION AND DISTRIBUTION BUSINESS UNIT
Approved Decals
June 8, 2020
33
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
34
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
D5435
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
Tmplt: 05/27/20
Attachment No. ZA 5
Project Plans
36
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
OocuSign Envelope 10: 888970E4-E777-4C4F-8A53-EAB3A6E9744B
Planning Commission - December 5, 2024 Item No. 3c - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
1
Subject:FW: Melinda and Ryan: please see my strong personal letter in support of Planning
Commission item tonight Project File No: PA2023-0202 (Five Crowns Restaurant)
Attachments:Peter and Niki Mitchell personal letter in support of Five Crowns Limited Term and
Coastal Development Permits to Newport Beach Planning Commission December 4
2024.pdf
Importance:High
From: Peter Mitchell <peter@pmconsultinginc.com>
Sent: December 05, 2024 12:17 PM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>; Ryan O'Melveny Wilson (RWilson@lawrysOnline.com)
<RWilson@lawrysOnline.com>
Cc: James Leimkuhler <jim.leimkuhler@gmail.com>; Niki Marutsos (nicoletta_marutsos@yahoo.com)
<nicoletta_marutsos@yahoo.com>
Subject: Melinda and Ryan: please see my strong personal letter in support of Planning Commission item tonight Project
File No: PA2023-0202 (Five Crowns Restaurant)
Importance: High
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish
using the Phish Alert Button above.
Melinda and Ryan: please see my strong personal letter in support of Planning Commission item tonight Project
File No: PA2023-0202 for Five Crowns Restaurant.
We normally would also show up to read it but please let this be reflected in the letters in support of the
applicant. Your restaurant Ryan is one of the best and favorite local spots. We live only 7 doors away and you
couldn’t be a better owner, operator and more. Niki and I frequent the restaurant many times a week and we
respect a few loud vocal neighbors in opposition and differing opinions but can’t let the quest for perfection stand
in the way of excellence and 98% support for you.
Sincerely,
Peter Mitchell and Niki Mitchell
Full Time Residents of Poppy Avenue
*******************************************
Peter W. Mitchell
Founder/CEO & Managing Member, Springboard STG Fund & Ventures
President & Managing Member, Anthem Group, LLC and Partner, Golden State Energy Corp.
President & CEO, P.M. Consulting, Inc.
President, The Southern California Group, LLC (3158 Strategies)
(**New Mailing Address**):
3334 East Coast Highway, #358
Corona Del Mar, CA 92625
24 Hour Cell/Txt (714) 412-6026
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
2
FAX (714) 459-7143
Email: peter@pmconsultinginc.com
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received Five Crowns Temporary Outdoor Dining (PA2023-0202)
PETITION OF SUPPORT
I strongly support the Five Crowns Restaurant’s proposal for a permit to allow an existing temporary outdoor
dining patio for the following reasons:
The Five Crowns is a well-established, responsible business that has contributed positively to the local
economy and community for almost 60 years. Supporting good operators helps ensure the vibrancy
and success of local businesses.
To minimize noise impacts, the owner has conducted multiple sound studies and plans to invest almost
a million dollars in sound mitigation features, including the construction of a sound wall and other
design improvements.
The owners are requesting reasonable operating hours, with all activities concluding by 9:00 p.m. on
weekdays and 10:00 p.m. on weekends and Federal Holidays. This will allow the restaurant to thrive
while being considerate of the surrounding community.
It will allow residents and tourists to enjoy an establishment that has a stellar record of operating in
the City of Newport Beach. And it promotes a business-friendly atmosphere that encourages
restaurants and small businesses to open and thrive in the City of Newport Beach.
For these reasons, and others I respectfully request that the City approve the Five Crowns Restaurant’s Limited
Term Permit Application.
Name:______________________________________________________________________
Street Name:______________________________________________________________________
City:______________________________________________________________________
Signature:______________________________________________________________________
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
Planning Commission - December 5, 2024 Item No. 3d - Additional Materials Received After Deadline Five Crowns Temporary Outdoor Dining (PA2023-0202)
FIVE CROWNS TEMPORARY OUTDOOR DINING
Appeal to Planning Commission
December 5, 2025
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
PROJECT LOCATION
2
Off-site
Parking
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
ZONING
3
Five
Crowns
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
BACKGROUND
4
•Opened in 1965 as Five Crowns restaurant with piano bar and outdoor dining
•UP1822 (1977)
•Required off-site parking for 87 spaces with valet
•UP1822 did not include conditions of approval that regulated the hours of operation, live entertainment, or outdoor dining area
•Allowed use of the outdoor dining patio adjacent to an exterior garden area
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
EMERGENCY TEMPORARY USE PERMIT (ETUP) HISTORY
5
ETUPs approved during Covid-19 Pandemic to support businesses, especially restaurants.
Five Crowns ETUP approved in 2020.
Allowed expanded outdoor dining patio within an existing covered patio and garden area.
ETUP expired on September 6, 2021
Applicant applied for Limited Term Permit prior to CUP Amendment
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
PROJECT DESCRIPTION
6
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
PROJECT DESCRIPTION
7
•Temporary Expanded Area 1,350 sq. ft. partially covered and garden area
•Private Weekend Events with live entertainment ending by 10 p.m.
•Expanded Outdoor Dining close by 9 p.m. weekdays
•Design Features (DFs) mitigate noise sound wall, acoustical paneling, type
and location of equipment
•Limited Term Permit expires June 30, 2025, potential extension through
December 31, 2025
•Use Permit Amendment required for permanent use after expiration of LTP
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
ZONING ADMINISTRATOR PUBLIC HEARINGS
July 25, 2024 - Public Hearing
•Original Noise Report only for expanded dining
•Second Noise Report adding live entertainment/private events
•ZA continued to August
August 15, 2024 - Public Hearing
•Updated Noise Report
• Equipment type, monitoring
•Approved with several additional conditions:
•Control exterior lighting
•Limit number of large private events 4x month (75 ppl)
•Implement DFs
•Limit loading and deliveries
8
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
APPEAL FILED BY KENNETH AND KIM CATANZARITE
•Temporary permit vs. amendment to use permit and operating without a permit
•History of complaints
•Size, hours, and noise from the events/ live entertainment
•Inconsistency with ETUP conditions
•Adequacy of noise report
9
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
LTP VS USE PERMIT AMENDMENT
•Limited Term Permit - transition of Covid patios (ETUP) while preparing amendments to Use Permit to keep patios
•Amendment to use permit required prior to expiration of LTP to keep expanded patio and private events
•Amendment to use permit will include parking study to address additional parking required for expanded patio and private events
•Private events are typical ancillary uses to restaurants - the use of the outdoor area for private events on a permanent basis requires an amendment to the use permit
10
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
COMPLAINTS
•Intermittent history of noise complaints to Code Enforcement
•2021 - 1
•2023 - 1 NOV and 1 Citation overturned
•2024 - 4 with unconfirmed noise levels and 1 NOV
•Citation appeal taken to hearing officer and overturned
•Long periods of time without complaints
•Police Records
•2023 - 5 noise complaints
•2024 – 0 noise complaints
11
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
ADEQUACY OF NOISE REPORT
Original & Second Noise Report
•Expanded outdoor dining with background music
•Noise from the live entertainment with private events
•Design features recommended to reduce noise levels to comply with NBMC
•Wall, gate, acoustical paneling,
•shrubbery, speaker location
Updated Noise Report
•Added Design Features to mitigate noise
•Limited type of equipment
•Follow-up analysis and monitoring
•DF mitigation measures will be tested in the field to confirm adequacy of report.
•Noncompliance would lead to Code Enforcement action and potential citation
12
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
BASIS FOR STAFF RECOMMENDATION
13
•LTP provides trial period for operator
•LTP provides additional conditions on hours and private events with entertainment
•Substantial design features proposed to reduce noise
•Temporary approval while Use Permit Amendment is prepared
•Historical business in the CdM Commercial Corridor
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
RECOMMENDATION
14
•Conduct a de novo public hearing
•Find exempt from CEQA pursuant to Section 15301 under Class 1 (Existing Facilities)
•Adopt Resolution No. PC2024-027
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
QUESTIONS
15
Melinda Whelan, Assistant Planner
Planning Division, Community Development
mwhelan@newportbeachca.gov
949-644-3221
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
FLOOR PLAN
16
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
FIVE
CROWNS
Limited Term Permit and
Coastal Development Permit
(PA2023-0202)
December 5, 2024
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
HISTORY OF THE FIVE
CROWNS
-Corona del Mar’s Oldest Restaurant
-First built in the early 1920s by Matilda “Tillie” Lemon
MacCulloch and her daughter Marguerite
-Building was modeled after the Ye Old Bell in
England
-First operated as the Hurley Bell and Tail O’ The Cock
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
HOME OF THE
STARS
-In the 1940s, the location was an inn
and restaurant that became a
hideaway for Hollywood’s stars,
including Howard Hughes, Rita
Hayworth, Bette Davis, Ava Gardner, Humphrey Bogart and more….
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
FRANK AND VAN DE KAMPFAMILIES PURCHASE THE PROPERTY
-In 1965, Richard N. Frank took control of the property
with the Frank and Van de Kamp families
-They were already successful restaurateurs owning
Lawry’s The Prime Rib on La Cienega Boulevard in
Beverly Hills and the Tam O’Shanter Inn on Los Feliz
Boulevard
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
FIVE CROWNS IS
BORN
-The Five Crowns was opened on
April 14,1965
-The Five Crowns has been in
continuous operation for almost 60
years,and is still owned and operated
by the same family.
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
RYAN WILSON, CEO LAWRY’S RESTAURANTS INC.
-Ryan is a trained chef and a fourth-generation member of the founding family
-Ryan is CEO of Lawry’s Restaurants Inc., parent company of the Five Crowns
-Ryan is a long-time resident of Newport Beach, where he is raising his family
-Ryan created the beloved SideDoor in 2009, and formerly lived for 7 years in the home immediately adjacent to the Five Crowns
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
LIMITED TERM PERMIT APPLICATION (PA2023-0202)
-On October 31, 2023 the Five Crowns
submitted a limited term permit
application to the City of Newport Beach
-The application sought permission to
allow a temporary outdoor dining patio
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
HISTORY OF OUTDOOR PARTIES AND DINING AT THE FIVE CROWNS
-Since its founding, the Five Crowns
has been using its outdoor area for
dining and private events (e.g.,
weddings, birthdays, retirement
parties, etc.)
-This photo collage from 1968 shows
folks using and enjoying the outdoor
space at the Five Crowns
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
RK
ENGINEERING
GROUP, INC.
NOISE
ANALYSIS
-As part of the LTP Application, the Five Crowns
commissioned a noise analysis by RK Engineering Group, Inc. to
ensure the temporary outdoor dining area did not impact the
surrounding community and neighbors
-The Noise Analysis concluded that the proposed outdoor
patio area and associated uses will comply with the City’s
noise standards with the implementation of design features,
including a new sound mitigation wall
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
CITY OF NEWPORT BEACHZONING ADMINISTRATOR
-Zoning Administrator Ben Zdeba held
two public hearings on the Five Crowns’
LTP Application on July 25, 2024 and
August 15, 2024
-Zoning Administrator considered the
written record as well as comments from
the applicant, neighbors and community
-Zoning Administrator approved the LTP
Application via Resolution No. ZA2024-045
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
LTP APPLICATION WAS
CORRECTLY DECIDED
-Zoning Administrator made the required findings to approve the LTP Application
-The restaurant has been in operation since the 1930s, and both the indoor and
outdoor areas have been continuously used for dining and private events during its
history
-The Zoning Administrator conditioned the approval to ensure there would be no
negative impacts to neighbors or the community
-Ryan is investing approximately $500,000 in noise mitigation measures, and is
committed to being a good neighbor
-Upholding the Zoning Administrator’s Decision supports local business
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
NEIGHBOR
OUTREACH
-Ryan has personally knocked on doors,
and met with his neighbors to explain this
LTP Application and to answer any
questions they may have
-The Five Crowns has a petition signed
by neighbors, community members, and
Newport Beach residents supporting this
LTP Application
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
WE RESPECTFULLY ASK THAT YOU UPHOLD THE ZONING ADMINISTRATOR’S DECISION
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)
QUESTIONS?
-Bryan Estrada of RK Engineering, Inc. is
here and available to answer any
questions that the Planning Commission
may have regarding the Noise Analysis
Planning Commission - December 5, 2024 Item No. 3e - Additional Materials Presented at the Meeting Five Crowns Appeal (PA2023-0202)