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Home My WebLink About3.0_Five Crowns Temporary Outdoor Dining_Presentation_Staff_PA2023-0202FIVE 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)