Loading...
HomeMy WebLinkAbout22 - Appeal of a Limited Term Permit and Coastal Development Permit for the Five Crowns Temporary Patio (PA2023-0202)Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report April 29, 2025 Agenda Item No. 22 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Melinda Whelan, Assistant Planner - 949-644-3221, mwhelan@newportbeachca.gov TITLE: Resolution No. 2025-18: Appeal of a Limited Term Permit and Coastal Development Permit for the Five Crowns Temporary Patio (PA2023-0202) ABSTRACT: For the City Council's consideration is an appeal of the Planning Commission's December 5, 2024, decision to deny the appeal, uphold and affirm the zoning administrator's approval of 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 restaurant. The expanded 1,350-square-foot outdoor dining area, including a 850-square-foot canopy, was originally approved by an Emergency Temporary Use Permit (ETUP) in 2020 as a temporary addition to the restaurant's existing outdoor dining during the pandemic. Although the ETUP expired, the temporary outdoor dining area remained in use. Should the City Council adopt Resolution No. 2025-15 and uphold the Planning Commission's decision, the outdoor dining area would include live entertainment and close by 9 p.m., Monday through Thursday; and 10 p.m., Friday through Sunday. A sound wall would 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 for one year from the date of approval, with a possible one-year extension. The appeal was filed by Kenneth and Kim Catanzarite, residents of 352 Hazel Drive, objecting to the approval of the Limited Term Permit and Coastal Development Permit for the temporary patio due to concerns regarding impacts to the surrounding residential neighborhood. RECOMMENDATIONS: a) Conduct a public hearing; b) 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 22-1 Five Crowns Temporary Outdoor Dining (PA2023-0202) April 29, 2025 Page 2 c) Adopt Resolution No. 2025- 18, A Resolution of the City Council of the City of Newport Beach, California, Denying an Appeal and Upholding the Decision of the Planning Commission and Zoning Administrator to Approve a Limited Term Permit for a Temporary Outdoor Dining Area with Live Entertainment Located at 3801 East Coast Highway (PA2023-0202). DISCUSSION: 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. Across Poppy Avenue is an existing private parking lot serving the restaurant with 87 parking spaces. The restaurant has operated with alcohol service and a piano bar since 1965. The use permit approved by the City Council in 1977 (Use Permit No. UP1822) did not include conditions related to hours of operation, live entertainment, or outdoor dining. Over the years, the permitted outdoor patio area grew from 348 square feet to 431 square feet. 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 2020, during the pandemic, 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. Although the ETUP and ECDP expired in September 2021, the outdoor patio remained in operation. A more detailed discussion of the background and use permit history is provided in the Planning Commission Staff Report included as Attachment C. Project Description The applicant proposes maintaining an additional outdoor dining area of 1,350 square feet including an 850-square-foot canopy for a one-year term from the date of approval. The expanded outdoor dining area would include live entertainment and close by 9 p.m., Monday through Thursday; and 10 p.m., Friday through Sunday. To adequately attenuate noise related to the expanded use of the patio consistent with the Newport Beach Municipal Code (NBMC), the project would require the construction of a soundwall and other design features. The restaurant has historically hosted private events with live entertainment inside the restaurant. Over the years, the private events have expanded to include the use of the outdoor dining area and an open garden patio. However, the existing use permit for the restaurant 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 would occupy an existing open garden patio area adjacent to the permanent outdoor dining authorized under the original use permit. Both the existing and proposed temporary dining patios would close by 9 p.m., Monday through Thursday; and 10 p.m., Friday through Sunday and on federal holidays and New Year's Eve. 22-2 Five Crowns Temporary Outdoor Dining (PA2023-0202) April 29, 2025 Page 3 ff4 0. Existing restaurant Existing outdoor !+ dining i L i i wig IF r IJ IJ Figure 1: Location of Outdoor Patios Proposed Limited Term Permit Duration and Extensions The Planning Commission recommended that the Limited Term Permit and Coastal Development Permit expire one year from the date of approval, with a possible extension for one additional year pursuant to Condition No. 3 in Attachment A. The potential extension would be at the discretion of the community development director. The proposed project includes 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 the potential one-year extension. 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. Prior Hearinas and Decisions Zoning Administrator Hearings and Decision 22-3 Five Crowns Temporary Outdoor Dining (PA2023-0202) April 29, 2025 Page 4 The project was heard by the zoning administrator on July 25, 2024, and at the close of the public hearing, the item was continued to August 15, 2025. A summary of the two hearings is provided below and the minutes, staff reports and all correspondence from the zoning administrator hearings can be found at the following links: • July 25, 2024, Zoning Administrator Staff Report • July 25, 2024 Minutes • August 15, 2024, Zoning Administrator Staff Report • August 15, 2024 Minutes The applicant provided a noise analysis by RK Engineering Group, Inc. Mr. Catanzarite submitted correspondence and also spoke during the public hearing. He shared concerns primarily related to the adequacy of the noise report and requested a continuance of the item for 30 days. The written correspondence identified concerns with the methodology of the noise report and asserted that the noise levels would exceed City standards. Other public comments were provided related to noise, congestion on Hazel Drive, and fire marshal's review of the patio. The zoning administrator continued the item to August 15, 2024, to allow the applicant time to sort through the various noise issues and provide concrete parameters for the number of events per month. On August 15, 2024, the item was reviewed by the zoning administrator again. The applicant responded to concerns about noise and design by sharing an updated noise report and adding new features to reduce sound, such as limiting loud equipment and requiring staff to monitor noise levels. The Updated Noise Report and response to comments document are provided in Attachment B. Mr. Catanzarite expressed additional concerns about the noise study, sound impacts, use of limited term permits, and event rules. Another noise consultant, Mike Dickerson of MD Acoustics, questioned parts of the report and provided his own written response (MD Acoustics, dated August 14, 2024). At the close of the public hearing, the zoning administrator approved the project with additional conditions to help control lighting, event size, deliveries, and loitering to reduce potential neighborhood impacts. 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 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 of the patio, hours, and noise from the events and live entertainment. • Inconsistency with conditions of the 2020 ETUP. • Adequacy of noise study provided by RK Engineering, Inc. 22-4 Five Crowns Temporary Outdoor Dining (PA2023-0202) April 29, 2025 Page 5 Planning Commission Hearing On December 5, 2024, the Planning Commission held a de-novo public hearing to consider the appeal (Attachment C). At the hearing, the Planning Commission received a detailed presentation from staff and the applicant, outlining the history of the restaurant including private events. The applicant answered questions on noise, described the existing commercial corridor along East Coast Highway in Corona del Mar, and the restaurant's longstanding presence in the community. Brian Estrada from RK Engineering Group, who prepared the noise study for the subject property, confirmed the mitigation measures proposed would result in noise levels that are in compliance with the NBMC. Two members of the public spoke in support of the project. The appellant, Mr. Catanzarite, reiterated the concerns previously identified in the appeal. The Planning Commission agreed with staff's analysis that the limited term permit was an opportunity to improve existing conditions and to test whether the live entertainment and regular private events could be viable. After considering all public comments, the Planning Commission adopted Resolution PC2024-0027, denying the appeal and approving the Limited Term Permit and Coastal Development Permit (PA2023-0202). The minutes from this hearing are included as Attachment D. eal of the Plannina Commission's Decision On December 18, 2024, Kenneth and Kim Catanzarite, residents of 352 Hazel Drive, filed a timely appeal of the Planning Commission's decision to the City Council, 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 E. The appeal cited the factors of concern previously identified in the appeal of the zoning administrator's decision and added that additional parking and traffic analysis should be provided through the review of a use permit amendment. Response to Appeal The analysis below addresses the overarching concerns expressed by the appellant. A more detailed response to the appellant's concerns is provided in the Planning Commission Staff Report (Attachment C). Additionally, the applicant included a separate response to the appeal, "Five Crowns Response to Appeal Letter dated October 10, 2024" prepared by Ryan Wilson CEO and Shareholder of Lawry's Restaurants Inc., which was provided for the zoning administrator appeal, but is also relevant to the Planning Commission appeal as no new substantive information was provided by the appellant (Attachment D). 22-5 Five Crowns Temporary Outdoor Dining (PA2023-0202) April 29, 2025 Page 6 Use of Limited Term Permit and Operating Without a Permit The Limited Term Permit is the appropriate application to allow 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 one year with a possible extension by the community development director for another term of one year, 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 the use permit. Parking Pursuant to Assembly Bill No. 1217, Gabriel (Business Pandemic Relief), 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. Even without the Assembly Bill, the off -site parking lot with valet guarantees at least 87 parking spaces exclusively for Five Crowns. This off -site parking lot offers Five Crowns more parking spaces than any other restaurant in Corona del Mar. The valet service is in operation full-time during restaurant hours and private parties, guaranteeing the off -site lot is maximized to provide as many spaces for vehicles as possible. Additionally, commercial services in mixed -use areas such as Corona del Mar with residential uses directly abutting the commercial corridor generally have more walk-up traffic. Therefore, the size and location of the parking lot provides ample parking for the temporary expanded outdoor dining area. 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 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. The existing restaurant has since realized there is a market for the operation to provide the expanded outdoor dining area with regular private events commonly found at these types of restaurants. Therefore, to evaluate the proposal, staff requested a noise analysis to support the 10 p.m. closing time and live entertainment component of the use. 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 on a permanent basis from a neighborhood compatibility standpoint. 22-6 Five Crowns Temporary Outdoor Dining (PA2023-0202) April 29, 2025 Page 7 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 have been filed with the City's Code Enforcement Division since 2020. Table 1: Code Enforcement Activity Since 2020 Date Case Number Description 8/4/20 120-2460 Related to ETUP (PA2020-227) 7/13/21 121-2192 Verbal warning issued for compliance with ETUP 5/26/23 123-1671 Notice of Violation issued for loud and unreasonable noise 6/17/23 123-1914 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. 8/3/24 124-3132 Music turned off before sound test could be conducted 8/16/24 124-3599 Loud event, decibel rating measurement not confirmed 8/31/24 124-4047 Loud event, decibel rating measurement not confirmed 9/14/24 124-4489 Loud noise, reporting party denied access to officer to measure noise on private property. 9/21/24 124-4664 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 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). The limited term permit will also implement controls on the restaurant operations that are not currently in place. Staff contacted the City's Police Department regarding noise complaints about the property. In 2023, there were five calls for loud music. In 2024, there were no calls for loud music. Use of Expanded Patio Area, Hours, and Noise from Events and Live Entertainment 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. The Limited Term Permit and Coastal Development Permit approved by the Planning Commission have 41 conditions of approval including the requirement to construct a sound wall built to specific standards to mitigate sound impacts on the 22-7 Five Crowns Temporary Outdoor Dining (PA2023-0202) April 29, 2025 Page 8 neighborhood. Hours of operation are limited to 9 p.m., Monday through Thursday; and 10 p.m., Friday through Sunday, within the patio and the number of large events (75 people or more) are limited to four times a month to further reduce potential noise issues. The Updated Noise Report (Attachment B) was prepared to demonstrate that with the implementation of recommended design features, the noise levels from the project would not exceed the City's standards. The Updated 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. For example, 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 Report. The Updated Noise Report included an evaluation of noise impacts at a receptor on the third -floor balcony at 352 Hazel Drive (the appellant's residence), 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 City Council. 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 future authorizations, such as the allowance for a one-year extension or request to amend the conditional use permit to authorize permanent use of the expanded outdoor area. Conclusion Five Crowns has operated with interior live entertainment and operating hours until 10 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 p.m. adjacent to the restaurant. Furthermore, the ancillary use of private events at restaurants is not uncommon. Historically, the neighborhoods adjacent to 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. 22-8 Five Crowns Temporary Outdoor Dining (PA2023-0202) April 29, 2025 Page 9 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 and Coastal Development Permit provide the applicant with an opportunity to implement conditions of approval to reduce noise and a trial run to determine if use of the expanded dining area is viable on a permanent basis. FISCAL IMPACT: There is no fiscal impact related to this item. 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. NOTICING: Notice of this hearing 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 meeting, consistent with the provisions of the NBMC. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Attachment A - Resolution No. 2025-18 Attachment B - Updated Noise Report and Response to Comment Letter dated August 5, 2024, by RK Engineering, Inc. Attachment C - December 5, 2024, Planning Commission Staff Report Attachment D - December 5, 2024, Planning Commission Minutes Attachment E - Appeal to City Council Attachment F - Five Crowns Response to Appeal Letter dated October 22, 2024 Attachment G - Plans 22-9 Attachment A Resolution No. 2025-18 22-10 RESOLUTION NO. 2025-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND ZONING ADMINISTRATOR TO APPROVE A LIMITED TERM PERMIT FOR A TEMPORARY OUTDOOR DINING AREA WITH LIVE ENTERTAINMENT LOCATED AT 3801 EAST COAST HIGHWAY (PA2023-0202) WHEREAS, the City of Newport Beach ("City") is governed, in part, by the Charter of the City of Newport Beach, Newport Beach Municipal Code, and Council Policies; WHEREAS, Section 200 of the City Charter vests the City Council with the authority to make and enforce all laws, rules, and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, an application was filed by Ryan Wilson of Lawry's Restaurants Inc. ("Applicant"), concerning the property located at 3801 East Coast Highway, and legally described as Parcel 1 of Resubdivision 523 ("Property"); WHEREAS, 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; WHEREAS, the 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 the 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; 22-11 Resolution No. 2025- Page 2 of 5 WHEREAS, 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. Under the Applicant's proposal, the outdoor dining area will include live entertainment and will close by 10:00 p.m. at the latest. 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 one year from the date of approval, with a possible one-year extension ("Project"); WHEREAS, 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; WHEREAS, 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; WHEREAS, on July 25, 2024, a public hearing was held by the Zoning Administrator, online via Zoom. A notice of time, place, and purpose of the hearing was given in accordance with Chapter 20.62 (Public Hearings) 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; WHEREAS, on August 15, 2024, at the continued public hearing, online via Zoom, evidence, both written and oral, was presented to and considered by, the Zoning Administrator. At the conclusion of the hearing, the Zoning Administrator adopted Resolution No. ZA2024-045 approving Limited Term Permit PA2023-0202; WHEREAS, 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 use of the outdoor area for events with live entertainment; 22-12 Resolution No. 2025- Page 3 of 5 WHEREAS, on December 5, 2024, a public hearing was held by the Planning Commission 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; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2024-027 by a unanimous vote (6 ayes, 0 nays, and 1 recused), approving the project and upholding the Zoning Administrator's approval of Limited Term Permit PA2023-0202; WHEREAS, on December 18, 2024, Ken and Kim Catanzarite, filed an appeal of the Planning Commission's decision objecting to the limited term permit and coastal development permit to allow an existing temporary outdoor dining patio to remain for a limited term due to noise concerns and impacts to neighborhood; and WHEREAS, a public hearing was held by the City Council on April 29, 2025, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the 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 City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has considered the decision of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: The City Council does hereby uphold the Planning Commission's approval of Limited Term Permit PA2023-0202 based upon the Findings attached hereto as Exhibit "A" and subject to the conditions of approval set forth in Exhibit "B," which is attached hereto and incorporated herein by reference. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution, 22-13 Resolution No. 2025- Page 4 of 5 Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is exempt from environmental review under 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 (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. 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. 22-14 Resolution No. 2025- Page 5 of 5 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 29th day of April, 2025. Joe Stapleton Mayor ATTEST: L.eilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaron C. Harp City Attorney Attachments: Exhibit "A" — Findings Exhibit "B" — Conditions of Approval 22-15 EXHIBIT "A" FINDINGS FINDINGS IN SUPPORT OF LIMITED TERM PERMIT (PA2023-0202) In accordance with Section 20.52.040G. (Limited Term Permits) of the NBMC, the following findings, and facts in support of findings are set forth as follows: Findin : A. The operation of the limited duration uses at the location proposed and within the 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: The Project will allow an additional outdoor dining area to remain at the rear of the Property for one year from the date of approval, with a possible one-year extension. 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 April 29, 2026, with a possible one year extension, 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 p.m. 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. 22-'16 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., 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 will 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. 22-17 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 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; Facts in Support of Finding: 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. 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. Findin : 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 City Council; and Fact in Support of Finding: 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. 22-18 2. The off -site lot with valet guarantees at least 87 parking spaces exclusively for Five Crowns. This off -site parking lot affords Five Crowns more parking than any other restaurant in Corona del Mar. The valet service is in operation full-time during restaurant hours and private parties guaranteeing the off -site lot is maximized to provide as many spaces for vehicles as possible. Additionally, commercial services in mixed -use areas such as Corona del Mar with residential uses directly abutting the commercial corridor generally have more walk-up traffic. Therefore, 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. 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 22-19 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. FINDINGS IN SUPPORT OF COASTAL DEVELOPMENT PERMIT (PA2023-0202) In accordance with Section 21.52.015F. (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 22-20 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. Findin : 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. Facts 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. 22-21 EXHIBIT "B" CONDITIONS OF APPROVAL Planning Division 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 for a period of one-year from the date of approval, with a possible extension of one additional year, at the discretion of the Community Development Director. 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- 22-22 Up Analysis and Monitoring) as found under Section 1.1 Project Design Features, shall be provided and maintained in good condition. 7. All Building and Fire permits shall be obtained for the canopy. Changes to the existing unpermitted canopy may be required to. obtain the necessary permits. 8. The existing allowed hours of operation of the establishment shall not be extended. The hours of operation of the temporary outdoor dining area as part of this approval shall not extend beyond. 9 p.m., Monday through Thursday, and beyond 10 p.m., Friday through Sunday, Federal Holidays, and New Years Eve. 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 within the expanded outdoor patio area granted under this approval. Use of the existing outdoor patio area approved pursuant to Use Permit 1822 shall remain unaffected. 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 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. 22-23 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. 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. 22-24 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. 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 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 29. 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. 30. 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): 22-25 • Post maximum occupant load. • Do not exceed posted occupant load inside the tent or canopy. • Visible and mounted Fire Extinguishers with current service tags. • No Smoking Signs shall be installed. • Illuminated Exit Signs shall be installed. • Emergency Lighting shall be provided. • Does not cover the exit path from the building rear door. Exit doors are not to be blocked and are to remain accessible as exits while the tent is occupied. • All interior decorative fabrics or materials shall be flame resistant. Provide Certificates of Flame Resistance. • If Propane is used, a permit is required: Cooking and heating equipment shall not be located within 10 feet of exits or combustible materials. • LPG containers shall be located outside and be adequately protected and secured, and a permit will be required. Open flame or other devices emitting flame, such as candles, are not permitted inside or within 20 feet of the tent, canopy, or temporary membrane structure. • Tents and canopies shall have the State Fire Marshall tag indicating fire resistance. • Tents and canopies shall be designed and installed to withstand the elements of the weather and prevent collapsing through weights and ground anchorage. Building Division 31. 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. 32. 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. 33. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above the finish floor. 34. 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. 22-26 35. 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. 36. Accessible routes, including under canopy(ies) and other overhead improvements shall maintain a minimum clear height of 80 inches. 37. 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 38. 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. 39. Seating or structures below overhead conductors and/or under the `drip line' shall be prohibited. 40. Public eating/dining at tables shall not be situated on top of energized vault lids, energized underground structures, or next to vent pipes, etc. 22-27 Attachment 6 Updated Noise Report and Response to Comment Letter dated August 5, 2024 by RK Engineering, Inc. 22-28 engineering group, inc. August 5, 2024 Mr. Ryan O'Melveny Wilson FIVE CROWNS 3801 East Coast Highway Corona Del Mar, CA 92625 traffic engineering & design transportation planning parking acoustical engineering air quality & glig 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. 1401 dove street, ste. 54D newport beach, ca 92660 p (949)474-0901a 0 rkengineer.com 22-29 FIVE CROWNS RK19955.1 Page 2 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 Hazel 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. rk 19955.1. doc JN:3118-2023-02 ®engmeer�ng group, Inc. rkengineencom 22-30 FIVE CROWNS RK19955.1 Page 3 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. rk 19955.1. doc JN:3118-2023-02 ®engmeer�ng group, Inc. rkengineencom 22-31 FIVE CROWNS RK19955.1 Page 4 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 Noise' Allowable Exterior Noise Level Noise (Equivalent Noise Level, Leq) Type of Land Use 7:00 a.m. to 10:00 Zone 10:00 p.m. to 7:00 a.m. p.m. Single-, two-, or multiple -family 55 dBA 50 dBA residential II Commercial 65 dBA 60 dBA III Residential portions of mixed -use 60 dBA 50 dBA properties IV Industrial or manufacturing 70 dBA 70 dBA ' 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; rk 19955.1. doc JN:3118-2023-02 ®engmeer�ng group, Inc. rkengineencom 22-32 FIVE CROWNS RK19955.1 Page 5 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 Noise' Allowable Exterior Noise Level Noise (Equivalent Noise Level, Leq) Type of Land Use 7:00 a.m. to 10:00 Zone 10:00 p.m. to 7:00 a.m. p.m. I Residential 45 dBA 40 dBA Residential portions of mixed -use III 45 dBA 40 dBA properties ' 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. rk 19955.1. doc JN:3118-2023-02 ®engmeer�ng group, Inc. rkengineencom 22-33 FIVE CROWNS RK19955.1 Page 6 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 Modelina 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 Sound PLANT"' 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. rk 19955.1. doc JN:3118-2023-02 ®engineering group, Inc. rkengineencom 22-34 FIVE CROWNS RK19955.1 Page 7 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 Sound PLAN 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. SounclPLANT' 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 Sound PLAN 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 SoundPLANT"' 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. rk 19955.1. doc JN:3118-2023-02 ®engmeer�ng group, Inc. rkengineencom 22-35 FIVE CROWNS RK19955.1 Page 8 Table 3 Maximum Allowable Noise Levels — "Private Events" Conditions' Distance from Noise Noise Levels Source Source (dBA) Leq Lmax (feet) Outdoor Patio Noise ("Private Events" Scenario) 3.0 80.0 100.0 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 facade 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. rk 19955.1. doc JN:3118-2023-02 ®engmeer�ng group, Inc. rkengineencom 22-36 FIVE CROWNS RK19955.1 Page 9 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 rk 19955.1. doc JN:3118-2023-02 ®engmeer�ng group, Inc. rkengineencom 22-37 FIVE CROWNS RK19955.1 Page 10 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 City of Newport Noise Level Receptor Address Interior Noise Level' Beach Noise Level Exceeds Standard Criteria (dBA Leq) (?) 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 352 Hazel Dr. 4 (3rd Floor Balcony) 41.9 No 5 344 Hazel Dr. 36.8 No 6 340 Hazel Dr. 35.5 No ' 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 City of Newport Noise Level Receptor Address Interior Noise Level' Beach Noise Level Exceeds Standard Criteria (dBA Leq) (?) 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 352 Hazel Dr. 4 (3rd Floor Balcony) 62.5 No 5 344 Hazel Dr. 56.8 No 6 340 Hazel Dr. 55.5 No ' Interior noise levels assume a "windows open" condition and a conservative reduction of 12 dB from exterior noise levels based on industry standards. rk 19955.1. doc JN:3118-2023-02 ®engineering group, Inc. rkengineencom 22-38 FIVE CROWNS RK19955.1 Page 11 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. ZW &L?"� Bryan dAA^ Estrada, AICP Principal Attachments rk 19955.1. doc JN:3118-2023-02 Becca Morrison Environmental Specialist ®engmeer�ng group, Inc. rkengineencom 22-39 Attachments 22-40 rro� :�► � kt� 1 '•/ //�\tea` . ►7�' jG, ��. \ �'_, - .i f ; \a ` ��� Ov // j• / •. ,��_ ��. � \ ,�' \\ 'tip +��i � . e ;� . �j/ .�• �� �` � `� HaPPY D\'��Pet Spa,&balon s/r eTCrowv is r. �GaIlo's Italian ©eli Corona no Mar T t \ \ \ ���, t ` �• A % ;�� z✓ ; �,��� Crown Cove_ v v� � `�,; � �Q' .: it �. `; z,�,... •�J � , ,+�•„ ' \ • Y • _ • _Wo f� j f f _ �`'4 •fir .. • �..� .•�'� :`ice ��• .^e �`"' '� y •?+c �c� RK Exhibit B- I Site Plan - EqS'( COA ST HIGH`14AY T - I UP I 0 o I _ o _ _ o I 8 19 is 1+ 10 ° m } EXISTING FIVE CROWNS RESTAURANT l a ® 18 is '� N.LC. 11 15 18 ° \ _❑ 0 N EXISTING FIVE CROWNS RESTAURANT VALET \ _ Z I N.I.C. A O I 01 v 19 m 5 E° v2° v v51 a. ?4 & °5 % \ � � 5 OPEOFWORK ® ® ❑ I I i VPIFPPIOl UP HERE ® ® ® C1 ® ❑ L.. �I I e e e e e e e e I I I I I I I I II I I I I I I EXISTING FIVE CROWNS STRUCTURE II N.I.C. II I I ' I I I I i I I I I N 3118-2023-02 engineering group, inC. FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA Exhibit B-2 Proposed Wall Heights I PROPOSED ELEVATION scv�: ia•= ra 06 PROPOSED ELEVATION: in•= i'-a• 03 yi P.Mgmq11 "Elim I� EXISTING ELEVATION aE. in'- i'a 0$ t9mfor«wa. EXISTING ELEVATIONS sc: in'= ra 04 HAZEL DRIVE �Rl nuisrvca�[ EXISTING ELEVATION swa: in•- r.v 02 ENLARGED PROPOSED FLOOR PLAN 1 101 N 3118-2023-02 FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA engineering 22-43 group, inc. Exhibit G Operational Noise Levels MBA Lea) - "Private Events" Scenario 3118-2023-02 FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA engineering group, inC. Exhibit D Operational Noise Contours (dBA Leq) - "Private Events" Scenario 4 'r4 f I +r Y N 3118-2023-02 Five Crowns Restaurant Noise Mitigation Analysis Daytime Noise Contours with Recommended Mitigation (dBA Leq) r ''Private Events" Scenario Signs and symbols Wall * m Main Building y . 0 Auxiliary building Area source (Private events noise) Levels in dB(A) 30 30 35 35 40 40 - 45 45 - 50 50 55 55 - 60 60 - B5 65 - 70 70 75 s 75 - 80 >- 80 0 20 40 80 120 160 feet engineering group, inc. engineering group, inc. FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA Exhibit E Operational Noise Levels (dBA Lmax) - "Private Events" Scenario 3118-2023-02 FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA engineering group, inC. Exhibit F Operational Noise Contours (dBA Lmax) - "Private Events" Scenario :.1 7&— N 3118-2023-02 Five Crowns Restaurant Noise Mitigation Analysis A Daytime Noise Contours with Recommended Mitigation (dBAF.V/2* . . Lmaxj "Private Events" Scenario R � w Signs and symbols Wall m Main Building 0 Auxiliary building Area source (Private events noise) Levels in dB(A) 7 30 30-35 35 - 40 40 - 45 45 - 50 50 - 55 55 -f0 60 - 65 65 - 70 70 - 75 75 - 80 >= 80 0 20 40 80 120 160 feet engineering group, inc. engineering group, inc. FIVE CROWNS RESTAURANT NOISE ANALYSIS, City of Newport Beach, CA Appendix A City of Newport Beach Municipal Code Chapter 10.26 — Community Noise Control 22-48 7/24/23, 11:48 AM Chapter 10.26 COMMUNITY NOISE CONTROL Chapter 10.26 COMMUNITY NOISE CONTROL Sections: 10.26.005 Declaration of Policy. 10.26.010 Definitions. 10.26.015 Decibel Measurement Criteria. 10.26.020 Designated Noise Zones. 10.26.025 Exterior Noise Standards. 10.26.030 Interior Noise Standards. 10.26.035 Exemptions. 10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions —Special Provisions. 10.26.045 Heating, Venting and Air Conditioning —Special Provisions. 10.26.050 Sound -Amplifying Equipment. 10.26.055 Noise Level Measurement. 10.26.065 Proposed Developments. 10.26.070 Prima Facie Violation. 10.26.075 Violations. 10.26.080 Violations —Additional Remedies —Injunctions. 10.26.085 City Manager Waiver. 10.26.090 Noise Abatement Programs. 10.26.095 Manner of Enforcement. 10.26.100 Severability. 10.26.005 Declaration of Policy. https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach10/NewportBeach1026.html#10.26 2249 7/24/23, 11:48 AM Chapter 10.26 COMMUNITY NOISE CONTROL A. In order to control unnecessary, excessive and annoying noise in the City of Newport Beach, it is declared to be the policy of the City to prohibit such noise generated from or by all sources as specified in this chapter. B. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest, therefore, the City Council of the City of Newport Beach does ordain and declare that creating, maintaining, causing or allowing to be created, caused or maintained, any noise in a manner prohibited by, or not in conformity with, the provisions of this chapter, is a public nuisance and may be punished as a public nuisance. The ordinance codified in this chapter is effective thirty (30) days from adoption, however, all fixed noise sources existing at the date of adoption shall have ninety (90) days from the date of adoption to achieve compliance with this chapter. (Ord. 95-38 § 11 (part), 1995) 10.26.010 Definitions. The following words, phrases and terms as used in this chapter shall have the meanings as indicated here: "Agricultural property" means a parcel of real property which is undeveloped for any use other than agricultural purposes. "Ambient noise level" means the all -encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. "A -weighted sound level" means the total sound level meter with a reference pressure of twenty (20) micropascals using the A -weighted network (scale) at slow response. The unit of measurement shall be defined as DBA. "Code Enforcement Officer" means the Code Enforcement Officer of the City or his duly authorized deputy. "Commercial property" means a parcel of real property which is used as either in part or in whole for commercial purposes. "Cumulative period" means an additive period of time composed of individual time segments which may be continuous or interrupted. "Decibel (Db)" means a unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. "Dwelling unit" means any area within a structure on any parcel which: 1. Contains separate or independent living facilities for one or more persons, with an area or equipment for sleeping, sanitation and food preparation, and which has independent exterior access to ground level; or 2. Is being utilized for residential purposes by one or more persons separately or independently from occupants of other areas within the structure. https://www.codepubIishing.com/CA/NewportBeach/#!/NewportBeach1 O/NewportBeach1026.htm1#10.26 22M50 7/24/23, 11:48 AM Chapter 10.26 COMMUNITY NOISE CONTROL "Emergency machinery, vehicle, work or alarm" means any machinery, vehicle, work or alarm used, employed, performed or operated in an effort to protect, provide or restore safety conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. "Equivalent, noise, level, leq." means the sound level corresponding to a steady state noise level over a given measurement period with the same amount of acoustic energy as the actual time varying noise level. Also known as the energy average noise level during the measurement period. The measurement period shall be fifteen (15) minutes under the terms of this chapter. "Fixed noise source" means a stationary device which creates sounds while fixed or motionless including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment. "Grading" means any excavating of filling of earth material or any combination thereof conducted at a site to prepare said site for construction or other improvements thereon. "Health care institution" means any hospital, convalescent home or other similar facility excluding residential. "Hertz (HZ)" means the unit which describes the frequency of a function periodic in time which is the reciprocal of the period. "Impulsive noise" means a noise of short duration usually less than one second and of high intensity, with an abrupt onset and rapid decay. "Industrial property" means a parcel of real property which is used either in part or in whole for manufacturing purposes. "Intruding noise level" means the total sound level, in decibels, created, caused, maintained or originating from an alleged offensive source at a specified location while the alleged offensive source is in operation. "Licensed" means the issuance of a formal license or permit by the appropriate jurisdictional authority, or where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public record. "Major roadway" means any street, avenue, boulevard or highway used for motor vehicle traffic which is owned or controlled by a public government entity. "Mobile noise source" means any noise source other than a fixed noise source. "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind, including public agencies. "Residential property" means a parcel of real property which is used either in part or in whole for residential purposes, other than transient uses such as hotels and motels, and residential care facilities. Residential property includes the residential portion of mixed use properties. https://www.codepubIishing.com/CA/NewportBeach/#!/NewportBeach10/NewportBeach1026.htm1#10.26 22M51 7/24/23, 11:48 AM Chapter 10.26 COMMUNITY NOISE CONTROL "Simple tone noise" means a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. If measured, simple tone noise shall exist if the one-third octave band sound pressure levels in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two continuous one-third octave bands as follows: five Db for frequencies of five hundred (500) Hertz (Hz) and above or, by fifteen (15) Db for frequencies less than or equal to one hundred twenty-three (123) Hz. "Sound level meter" means an instrument meeting American National Standard Institute's Standard S1.4-1971 or most recent revision thereof for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. "Sound pressure level" of a sound, in decibels, means twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure which shall be explicitly stated. "Vibration" means any movement of the earth, ground or other similar surface created by a temporal and spatial oscillation device or equipment located upon, affixed in conjunction with that surface. (Ord. 95-38 § 11 (part), 1995) 10.26.015 Decibel Measurement Criteria. Any decibel measurement made pursuant to the provisions of this chapter shall be based on a reference sound pressure of twenty (20) micropascals as measured with a sound level meter using the A -weighted network (scale) at slow response. (Ord. 95-38 § 11 (part), 1995) 10.26.020 Designated Noise Zones. The properties hereinafter described assigned to the following noise zones: Noise Zone I — All single-, two- and multiple -family residential properties; Noise Zone II — All commercial properties; Noise Zone III — The residential portion of mixed -use properties; Noise Zone — All manufacturing or IV industrial properties. The actual use of the property shall be the determining factor in establishing whether a property is in Noise Zone I, II, III or IV provided that the actual use is a legal use in the City of Newport Beach. (Ord. 95-38 § 11 (part), 1995) 10.26.025 Exterior Noise Standards. A. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone: https://www.codepubIishing.com/CA/NewportBeach/#!/NewportBeach1 O/NewportBeach1026.htm1#10.26 2&112 7/24/23, 11:48 AM Chapter 10.26 COMMUNITY NOISE CONTROL ALLOWABLE EXTERIOR NOISE LEVEL (Equivalent Noise Level, NOISE TYPE OF Leq) ZONE LAND USE 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. I Single-, two -or 55 DBA 50 DBA multiple -family residential II Commercial 65 DBA 60 DBA III Residential 60 DBA 50 DBA portions of mixed -use properties IV Industrial or 70 DBA 70 DBA manufacturing If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen -minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A -weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995) 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: ALLOWABLE INTERIOR NOISE LEVEL (Equivalent Noise Level, NOISE TYPE OF Leq) ZONE LAND USE 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. https://www.codepubIishing.com/CA/NewportBeach/#!/NewportBeach1 O/NewportBeach1026.htm1#10.26 2&153 7/24/23, 11:48 AM Chapter 10.26 COMMUNITY NOISE CONTROL I Residential 45 DBA 40 DBA III Residential 45 DBA 40 DBA portions of mixed -use properties If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. 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: 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. (Ord. 95-53 § 2, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.035 Exemptions. The following activities shall be exempted from the provisions of this chapter: A. Any activity conducted on public property, or on private properly with the consent of the owner, by any public entity, or its officers, employees, representatives, agents, subcontractors, permittees, licensees, or lessees, which are consistent with, and in furtherance of, the governmental functions or services the public entity has authorized, or responsible, to perform, activities which are exempt from the provisions of this chapter include, without limitation, sporting and recreational activities which are sponsored or co -sponsored by the City of Newport Beach or the Newport Mesa Unified School District; B. Occasional outdoor gatherings, public dances, show, sporting and entertainment events, provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events; C. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within forty-five (45) minutes in any hour of its being activated; https://www.codepubIishing.com/CA/NewportBeach/#!/NewportBeach1 O/NewportBeach1026.htm1#10.26 2&114 7/24/23, 11:48 AM Chapter 10.26 COMMUNITY NOISE CONTROL D. Noise sources associated with construction, repair, remodeling, demolition or grading of any real property. Such activities shall instead be subject to the provisions of Chapter 10.28 of this title; E. Noise sources associated with construction, repair, remodeling, demolition or grading of public rights -of -way or during authorized seismic surveys; F. All mechanical devices, apparatus or equipment associated with agriculture operations provided that: Operations do not take place between eight p.m. and seven a.m. on weekdays, including Saturday, or at any time Sunday or a federal holiday, or 2. Such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions, or 3. Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with permits issued by or regulations enforced by the California Department of Agriculture; G. Noise sources associated with the maintenance of real property. Such activities shall instead be subject to the provisions of Chapter 10.28 of this title; H. Any activity to the extent regulation thereof has been preempted by state or federal law. NOTE: Preemption may include motor vehicle, aircraft in flight, and railroad noise regulations; I. Any noise sources associated with people and/or music associated with a party at a residential property. Such noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of Chapters 10.28 and 10.58 of this title; J. Any noise sources associated with barking dogs or other intermittent noises made by animals on any properly within the City of Newport Beach. Such noise is difficult to measure under the terms of this chapter and instead shall be subject to the provisions of Chapter 7.20 of this Code; K. Any noise sources associated with the operation of a permanently installed heating, venting and air conditioning (HVAC) equipment on a residential property permitted under the provisions of Section 10.26.045(B) and (C); L. Any noise sources specifically identified and mitigated under the provisions of a use permit, modification permit, development agreement or planned community district development plan adopted prior to the date of adoption of this chapter. (Ord. 95-53 § 3, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.040 Schools, Day Care Centers, Churches, Libraries, Museums, Health Care Institutions —Special Provisions. It is unlawful for any person to create any noise which causes the noise level at any school, day care center, hospital or similar health care institution, church, library or museum while the same is in use, to exceed the noise https://www.codepubIishing.com/CA/NewportBeach/#!/NewportBeach1 O/NewportBeach1026.htm1#10.26 22H155 7/24/23, 11:48 AM Chapter 10.26 COMMUNITY NOISE CONTROL standards specified in Section 10.26.025 prescribed for the assigned Noise Zone I (residential uses). (Ord. 95-38 § 11 (part), 1995) 10.26.045 Heating, Venting and Air Conditioning —Special Provisions. A. New HVAC Equipment. New permits for heating, venting and air conditioning (HVAC) equipment in or adjacent to residential areas shall be issued only where installations can be shown by computation, based on the sound rating of the proposed equipment, not to exceed an A -weighted sound pressure level of fifty (50) DBA or not to exceed an A -weighted sound pressure level of fifty-five (55) dBA and be installed with a timing device that will deactivate the equipment during the hours of ten p.m. to seven a.m. The method of computation used shall be that specified in "Standard Application of Sound Rated Outdoor Unitary Equipment," Standard 275, Air conditioning and Refrigeration Institute, 1984 or latest revision thereof. B. Existing HVAC Equipment. HVAC equipment legally installed prior to April 22, 1981, shall be permitted to operate with an exterior noise limit of sixty-five (65) dBA until January 1, 1998. 2. HVAC equipment legally installed prior to April 22, 1981, shall be exempted from the interior noise level standard as specified in Section 10.26.030 of this chapter until January 1, 1998. 3. HVAC equipment legally installed after April 22, 1981, and prior to the date of adoption of this chapter shall not exceed a maximum exterior noise limit of fifty-five (55) dBA during the ninety -day compliance period set forth in Section 10.26.005. C. In the event that HVAC equipment cannot meet the requirements set forth in this chapter, then the exterior noise limit for such equipment may be raised to sixty-five (65) dBA and exempted from the interior noise level standard as specified in Section 10.26.030 of this chapter, provided that the applicant obtains the written consent of all the owners of the affected properties. (Ord. 95-38 § 11 (part), 1995) 10.26.050 Sound -Amplifying Equipment. Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be subject to the provisions of Chapter 10.32 of this title. Such sound -amplifying equipment shall not be construed to include electronic devices, including but not limited to, radios, tape players, tape recorders, compact disc players, electric keyboards, music synthesizers, record players or televisions, which are designed and operated for personal use, or used entirely within a building and are not designed or used to convey the human voice, music or any other sound to an audience outside such building, or which are used in vehicles and heard only by occupants of the vehicle in which installed, which shall be subject to the provisions of Chapter 10.28 of this title. (Ord. 95-38 § 11 (part), 1995) 10.26.055 Noise Level Measurement. A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or https://www.codepubIishing.com/CA/NewportBeach/#!/NewportBeach1 O/NewportBeach1026.htm1#10.26 22E156 7/24/23, 11:48 AM Chapter 10.26 COMMUNITY NOISE CONTROL patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five feet above the finished floor level. B. The location selected for measuring interior noise levels shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position. (Ord. 95-38 § 11 (part), 1995) 10.26.065 Proposed Developments. Each department whose duty it is to review and approve new projects or changes to existing projects that result or may result in the creation of noise shall consult with the Code Enforcement Officer prior to any such approval. If at any time the Code Enforcement Officer has reason to believe that a standard, regulation, action, proposed standard, regulation or action of any department respecting noise does not conform to the provisions as specified in this chapter, the Code Enforcement Officer may request such department to consult with him on the advisability of revising such standard or regulation to obtain uniformity. (Ord. 95-38 § 11 (part), 1995) 10.26.070 Prima Facie Violation. Any noise exceeding the noise level standard as specified in Section 10.26.025 and 10.26.030 of this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (Ord. 95-38 § 11 (part), 1995) 10.26.075 Violations. Any persons violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 95-38 § 11 (part), 1995) 10.26.080 Violations —Additional Remedies —Injunctions. A. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter which operation or maintenance causes or creates sound levels exceeding the allowable standards as specified in this chapter shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. B. Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law. The expense of this chapter is declared to be public nuisance and may be by resolution of the City Council declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a personal obligation of the property owner. (Ord. 95-38 § 11 (part), 1995) 10.26.085 City Manager Waiver. https://www.codepubIishing.com/CA/NewportBeach/#!/NewportBeach1 O/NewportBeach1026.htm1#10.26 2&157 7/24/23, 11:48 AM Chapter 10.26 COMMUNITY NOISE CONTROL The City Manager is authorized to grant a temporary waiver to the provisions of this chapter for a period of time not to exceed thirty (30) days if such temporary waiver would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought. (Ord. 95-38 § 11 (part), 1995) 10.26.090 Noise Abatement Programs. A. In circumstances which adopted community -wide noise standards and policies prove impractical in controlling noise generated from a specific source, the City Council may establish a noise abatement program which recognizes the characteristics of the noise source and affected property and which incorporates specialized mitigation measures. B. Noise abatement programs shall set forth in detail the approved terms, conditions and requirements for achieving maximum compliance with noise standards and policies. Said terms, conditions and requirements may include, but shall not be limited to, limitations, restrictions, or prohibitions on operating hours, location of operations, and the types of equipment. (Ord. 95-38 § 11 (part), 1995) 10.26.095 Manner of Enforcement. A. The City Code Enforcement Officer is directed to enforce the provisions of this chapter and may issue citations for any violation of the provisions of this chapter or violations of this chapter may be prosecuted or enforced in the same manner as other infractions pursuant to this Code; provided, however, that in the event of an initial violation of the provisions of this chapter, a written notice may be given to the alleged violator which specifies the time by which the condition shall be corrected. B. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his/her duty. C. In the event the alleged violator cannot be located in order to serve any notice, the notice shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address or at the place where the violation occurred in which event the specified time period for abating the violation or applying for a variance shall commence at the date of the day following the mailing of such notice. (Ord. 95-38 § 11 (part), 1995) 10.26.100 Severability. If any provision, clause, sentence, or paragraph of this chapter, or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provisions or application and, to this end, the provisions of this chapter are hereby declared to be severable. (Ord. 95-38 § 11 (part), 1995) The Newport Beach Municipal Code is current through Ordinance 2023-6, passed May 23, 2023. Disclaimer: The City Clerk's office has the official version of the Newport Beach Municipal Code. Users should contact the City Clerk's office for ordinances passed subsequent to the ordinance cited above. https://www.codepubIishing.com/CA/NewportBeach/#!/NewportBeach1 O/NewportBeach1026.htm1#10.26 2&158 7/24/23, 11:48 AM Chapter 10.26 COMMUNITY NOISE CONTROL City Website: https://www.newportbeachca.gov/ City Telephone: (949) 644-3005 Code Publishing Company https://www.codepubIishing.com/CA/NewportBeach/#!/NewportBeach1 O/NewportBeach1026.htm1#10.26 212M59 Appendix B Field Sheets and Photographs 22-60 Field Sheet Project: Five Crowns Restaurant Nois Engineer: B. Morrison Date: 09/23/2023 Mitigation Analysis JN: 3118-2023-02 Measurement Address: City: Site No.: 1 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.): High: 80; Low:68 P0222082204 2 / / Windspeed: 9 m.p.h. P0222082205 3 / / 4 / / Direction: Skies: Varies Clear Calibrator: BSWA 5 Serial # 21387 500732 Meter Settings: ❑� A-WTD ❑ LINEAR '❑ SLOW ❑ 1/1 OCT 0 _15_ MINUTE INTERVALS ❑ C-WTD ❑ IMPULSE ❑ FAST ❑ 1/3 OCT L(N) PERCENTILE VALUES Notes: Measurement Type: Noise measurements were taken at 15-minute intervals from 2:45 p.m. to 10:30 p.m. on September 23, 2023 ❑ Long-term during the setup and operation of an outdoor wedding event. E Short-term 0Noise m:onitoring Location CM cngincering group, inc. 22-61 Field Sheet - Photos (L-1) Project: Five Crowns Restaurant Noise Engineer: B. Morrison Mitigation Analysis Date: 09/23/2023 1N: 3118-2023-02 Measurement Address: City: Noise Monitoring Location 1 (L-1) was taken within the restaurant patio, Newport Beach, CA lapproximately 3 feet from the DJ station and speakers. Location No.: 1 EM engineering graup.inc. 22-62 Field Sheet - L-1 Data Project: Five Crowns Restaurant Noise Engineer: B. Morrison Mitigation Analysis Date: 09/23/2023 JN: 3118-2023-02 Measurement Address: City: Noise Monitoring Location 1 (L-1) was taken within the restaurant patio, Newport Beach, CA lapproximately 3 feet from the DJ station and speakers. Location No.: 1 Scenario Start Time .. 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 L-1 6:15 PM 6:30 PM 84.8 90.8 68.4 88.0 86.9 85.7 84.6 (DJ Station) 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 e%peedn0 g p, na. 22-63 Appendix C SoundPLAN"' Noise Calculations Worksheets 22-64 Contribution levels of the receivers Source name Traffic lane Level Day Night dB(A) 1 1.1`1 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 1.1`1 52.8 52.8 Private Event Noise 52.8 52.8 3 (Balcony) 111 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 RK Engineering Group Inc. '2-65 Contribution levels of the receivers Source name Traffic lane Level Day dB(A) Night 1 1.1`1 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 1.1`1 72.8 72.8 Private Event Noise 72.8 72.8 3 (Balcony) 111 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 RK Engineering Group Inc. '2-66 engineering group, inc. August 5, 2024 Mr. Ryan O'Melveny Wilson FIVE CROWNS 3801 East Coast Highway Corona Del Mar, CA 92625 traffic engineering & design transportation planning parking acoustical engineering air quality & glig 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. 1401 dove street, ste. 54D newport beach, ca 92660 p (949)474-0901a 0 rkengineer.com 22-67 FIVE CROWNS RK20061 Page 2 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: rk20061. doc JN:3118-2023-02 0 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. ®engineering grouo, ine. rkengineencom 22-68 FIVE CROWNS RK20061 Page 3 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. rk20061. doc JN:3118-2023-02 ®en9ineenng grotto, inn. rkengineencom 22-69 FIVE CROWNS RK20061 Page 4 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. 3" 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. zw�� ua--, Bryan Estrada, AICP Principal rk20061. doc JN:3118-2023-02 ®en9ineenng grouo, inn. rkengineencom 22-70 Attachment C December 5, 2024, Planning Commission Staff Report File available via link due to size: https://ecros. newportbeachca.gov/WEB/DocView.aspx?id =3089645&dbid =0&reao=CNB&cr=1 22-71 Attachment D December 5, 2024, Planning Commission Minutes 22-72 Docusign Envelope ID: ACE6A240-8C1D-410E-B547-A3960D263EFA Planning Commission Minutes December 5, 2024 Coast Highway. The proposed hours of operation are between 5:00 p.m. and 11:00 p.m., daily. The project does not include a request for late hours or live entertainment. Recommended Actions: 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, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2024-026, approving the Conditional Use Permit and coastal development permit filed as PA2024-0068. Vice Chair Harris recused himself due to real property interests within 500 feet of the subject property. Associate Planner Tran used a presentation to review the project location, background, and description, parking requirements, availability of on -site and off -site parking, valet service, conditions of approval, and recommended action. There were no ex parte communications among the Commissioners. Chair Rosene opened the public hearing. Mark Moshayedi, the property owner, summarized the project background and agreed to the conditions of approval. Chair Rosene closed the public hearing. Commissioner Langford noted duplicate language in Conditions of Approval Nos. 44 and 48. Motion made by Commissioner Ellmore and seconded by Secretary Salene to approve the item and amend to correct the duplicate Conditions of Approval 44 and 48. AYES: Barto, Ellmore, Langford, Lowrey, Rosene, and Salene NOES: None RECUSE: Harris ABSENT: None ITEM NO. 3 FIVE CROWNS APPEAL (PA2023-0202) Site Location: 3801 East Coast Highway 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 Restaurant. The expanded 1,350-square-foot outdoor dining area including an 850-square-foot canopy was originally approved by an Emergency Temporary Use Permit (ETUP) in 2020 as a temporary addition to their existing outdoor dining. Page 2 of 6 22-73 Docusign Envelope ID: ACE6A240-8C1D-410E-B547-A3960D263EFA Planning Commission Minutes December 5, 2024 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. A CDP is required because the property is within the Coastal Zone. Recommended Actions: 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. Commissioner Barto recused himself due to the potential for the item to be appealed to the City Council where his wife has an incoming seat. Assistant Planner Whelan utilized a presentation to review the project location, zoning map, background, emergency temporary use permit (ETUP) history, project description, zoning administrator public hearings, appeal filed by Kenneth and Kim Catanzarite, limited term permit (LTP) versus use permit amendment, complaints, adequacy of the noise report, basis for the staff recommendation, and recommendation. In reply to Vice Chair Harris' question, staff utilized a slide to share the abandoned alley area and confirmed that everything is vacated. In reply to Secretary Salene's question, Assistant Planner Whelan indicated that the outdoor area was used as a rear garden area and for private events prior to 2020. Ex parte communications from the Commissioners included Chair Rosene meeting with the applicant at the property, Secretary Salene having a conversation with the applicant's representative, and Vice Chair Harris and Commissioners Ellmore and Langford meeting with the applicant. Chair Rosene opened the public hearing. Ryan Wilson, the applicant, utilized a presentation to highlight the history of the Five Crowns, celebrity traffic, property purchase by the Frank and Van de Kamp families, opening of the Five Crowns, role of Ryan Wilson at Lawry's Restaurants Inc., limited term permit application (PA2023-0202), history of outdoor parties and dining at the Five Crowns, noise analysis, approval of the LTP application by Zoning Administrator Zdeba, correct decision of the LTP application, and neighbor outreach. Mr. Wilson asked the Planning Commission to uphold the Zoning Administrator's decision and asked for a full year on the LTP in Conditions of Approval 3 and clarified a 75-person load on the 1,350-square-foot patio four times per month in Condition of Approval 10. Page 3of6 22-74 Docusign Envelope ID: ACE6A240-8C1D-410E-B547-A3960D263EFA Planning Commission Minutes December 5, 2024 In reply to Vice Chair Harris' question, Mr. Wilson stated that a recent analysis indicated that the business has been growing consistently and robust private parties have been part of the business model for at least 20 years. In reply to Commissioner Langford's inquiry about raising young children next door to the restaurant, Mr. Wilson thought the noise from Coast Highway is more obtrusive than the party and revelry atmosphere from the restaurant next door to appellant's property. In reply to Commissioner Ellmore's inquiry regarding the neighbor's concern for noise, Mr. Wilson utilized the map to demonstrate the noise projections towards Hazel Drive and complaints from the Catanzarite property and noted the soundproof enhancements planned for the property. Ken Catanzarite, the appellant, noted that 354, 352, and 344 Hazel Drive are adversely impacted and joining in the appeal for amplified sound reaching 75 decibels at the ground level and third floor of houses within 40 — 100 feet of the source. He stated that this is not allowable per the municipal code without a sound permit, highlighted the origins and terms of the original 1977 permit for outdoor patio use, noted the parking requirements, and questioned the negligible expansion criteria for the exemption under CEQA. In reply to Vice Chair Harris' question, Mr. Catanzarite stated that he has spent occasional time at his property since 1996 and lived there since July 2013 and noted less noise disturbances before 2020 and a ramp up post COVID. In reply to Commissioner Ellmore's question, Mr. Catanzarite clarified that the grounds for the appeal include the parking ratio and amplified sound, noted the amplified sound coming from bands and disc jockeys at approximately 200 weddings per year, and thought the sound mitigation efforts proposed by the applicant will not mitigate the impact to the appellant. Mr. Wilson stated that the noise from his operation has not changed in decades, improvements have been made with plans and a permit, and he is looking to continue the longstanding and continuous operation of the space and is prepared for a major investment into the facility to enhance neighborhood compatibility. In reply to Secretary Salene's inquiry regarding noise concerns, Bryan Estrada from RK Engineering Group stated he prepared the noise study for the subject property and reviewed the study and analysis. He noted that the mitigation measures are commensurate with the municipal code and result in ambient noise levels reduced to below the City's limit at any adjacent residential property. Mr. Catanzarite stated that the ambient noise levels in this area do not run 50 decibels and a measurement of ambient noise by a code enforcement representative measured 70 plus decibels at the ground level at the building front. He thought crowd noise was not included in the RK Engineering's analysis, and an independent sound measurement and accountability structure is needed. Jim Leimkuhler read a letter he submitted in writing that expressed his support for the project. Dwight Manley expressed support for the project. Deputy Community Development Director Murillo relayed that Municipal Code Section 10.32.090 includes an exception for activities regulated by a use permit or land use control under the provisions of Title 20 from obtaining a sound amplification permit, the LTP allows for land use flexibility and AB 1217 provides temporary parking relief for the continued use of the temporary outdoor patio, and Condition Page 4 of 6 22-75 Docusign Envelope ID: ACE6A240-8C1D-410E-B547-A3960D263EFA Planning Commission Minutes December 5, 2024 of Approval 10 is intended to apply to the expanded patio use four times per month. Staff recommended providing the clarification of the conditions. Deputy City Attorney Montoya stated that there was not a response to every allegation from the December 4, 2024, letter from the appellant which does not mean there is any concession or omission by silence. Chair Rosene closed the public hearing. In reply to Commissioner Lowrey's question, Deputy Community Development Director Murillo clarified the process if the mitigation efforts do not meet the decibel requirements. Commissioner Langford thought the fair route would be to use the noise contours line to override and act as the threshold. In reply, Deputy Community Development Director Murillo stated that the City municipal code establishes an exterior noise standard unless the ambient noise is higher, in which case the ambient becomes the standard for measurement. Commissioner Ellmore supported the applicant, opposed the appellant, and made a motion that included allowing a one-yeare-extension in Condition of Approval 3 and clarifying Condition No. 10 allowing no more than four private events with attendance greater than 75 persons per month applies within the expanded outdoor patio area. Commissioner Langford amended the motion to allow a 10 p.m. closing time for New Year's Eve in Condition of Approval 8. In reply to Secretary Salene's concern about an inadequate amount of extended time in Condition of Approval 3, Deputy Community Development Director Murillo confirmed that the conditions could allow for one year extension with an allowance for an additional extension of one year by the Director. Motion made by Commissioner Ellmore and seconded by Secretary Salene to approve the item with amendments to Condition of Approval 3, 10, and 8. AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None RECUSE: Barto ABSENT: None VIII. STAFF AND COMMISSIONER ITEMS ITEM NO.4 MOTION FOR RECONSIDERATION - None ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Deputy Community Development Director Murillo announced that this meeting will be the last one of the year and thanked the Commissioners for their service. He stated that the next meeting will be on January 9, 2025. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES - None Page 5of6 22-76 Attachment E Appeal to City Council 22-77 Appeal Application City Clerks Office r+ 100 Civic Center Drive I P.O. Box 1768 co�,;� Newport Beach, CA 92658-8915 I�c,n 949-644-3005 �ppeals are time sensitive and must be received by the City Clerk within the specified time period from a decision or final ction by a decision -maker. It is advisable to consult with the Department managing the issue if there is question with regards to appealing an action. This is an appeal of the: ❑ (CDD222) Community Development Director Action to the Planning Commission - $2116 ❑ (CDD222) Zoning Administrator Action to the Planning Commission - $2116 ❑ (CDD222) Coastal Development Application CDP Appeal from Zoning Admin to the Planning Commission (only if appeal is solely based on the CDP portion of the application) — No Fee ® (CDD222) Planning Commission Action to the City Council - $2116 ❑ (CDD222) Community Development Director Action to the Harbor Commission - $623 ❑ (CDD222) Harbor Commission Action to the City Council (CDD — Planning) - $498 ❑ (CDD222) Hearing Officer Action to the City Council - $2116 ❑ (CDD223) Building Official/Fire Marshal Action to the Building/Fire Board of Appeals - $1827 ❑ (CDD224) Chief of Police Action on an Operator License to the City Manager - $1033 ❑ (RSS073) City Manager Action on a Special Events Permit to the City Council - $1953 ❑ (HBROOI) Harbormaster Action to the Harbor Commission - $622 C7 (HBRDOI) Harbor Commission Action to the City Council (Harbor Department) - $498 ❑ (PBWO18) Public Works Director Action to Harbor Commission - $1446 ❑ (PBWO18) Harbor Commission Action to City Council (Public Works Department) - $691 ❑ Other - Specify decision -maker, appellate body, Municipal Code authority and fee; Appellant Information: Name(s): ken & Kim Catanzarite ("Catanzarite") 352 Hazel Drive (Receptor 3) Address: c/o Catanzarite Law City/State/Zip: Anaheim, CA 92801 2331 W. Lincoln Ave. Phone; 714) 520-5544 Email: kcatanzarite@catanzarite.com Appealing Application Regarding: Name of Applicant(s): Five Crowns Restaurant Date of Final Decision: December 5, 2024 PA2023-0202 Resolu[ion No. PC2-24-27 denying the Appeal by Kenneth J. and Kim Project No.. Activity No.: Catanzarite and u olding,and affirming the Zoning Administrator's 38Q1 East Coast Highway Approval of a Limited Term Permit for temporary outdoor dining filed as Application Site Address: 9 Y Description of application: limited term permit and coastal development permit to allow an existing temporary outdoor dining patio to remain for a limited one -year -term at Five Crowns Restaurant Reason(s) for Appeal (attach a separate sheet if necessary): See separate Rider letter from Kenneth J. Catanzarite attached. Signature of Date: December 18, 2424 FOR OFFICE USE ONLY: xp yy j f [7 �j Date Appeal filed and dministrative Fee received: ,�'4P_f ij r"� 1171 , 20 pj r 4�E�R CiPCI p - cc: Department DlreCtar, Deputy Director, Staff, File n C'1C1FpR�+P F_Ws9m0vrk4Shar d4FarmsWppea7Application Updated W1712024 22-78 CATA 2� w. �rruAa e°�'°°+?ArloV ANAHElIM. C 928p NUC- (7f4j 5 5 PAY � aRDER €TWO T C3044 USAND ONE City ° Me ort Beac PATE Deg, sa-as rvr 4VP S�EEIY ANI] AT BEACH. CH. CA 92660 FI'Ve Cror s - - _ _ =116,Cp a eaI _ 22 6 ............ City of Newport Beach Revenue 100 Civic Center Dr. Newport Beach, CA 92660 949-644-3141 Welcome 12/18/2024 01:57PM Hali A. 020061-0001 000103625 Payment Effective ❑ate 12/18/2024 M18CELLANEOUS PLANNING APPEALS (CD0222) 2025 Item: CDD222 I @ $2116.00 PLANNING APPEALS (CDD222) $2,116.00 -------------- $2,116.00 Subtotal $2,116.00 Total $2,116.00 CHECK $2,116.00 Check Number 3044 -------------- Change due $0.00 Paid by: CATANZARITE LAW CORPORATION Thank you for your payment CUSTOMER COPY DUPLICATE RECEIPT 22-80 CATANZARME LAW CORPORATION KF-NNETH J. CATANZAwE ATTORNEYS & COUNSELORS AT LAW ATmRNEY AT Law 233 1 WEST LINCOLN AVENUE DIRECT DIAL' ANAHEIM, CALIFORNIA 92130 1 (7 14) 678-2100 (7 1 4) 520-5544 FAcnIMILE: (714) 520-06$0 December 18, 2024 Via Email and Hand Deliverv: Leilani 1. Brown, City Clerk City of Newport Beach 100 Civic Center Drive, Bay E, 2" Floor Newport Beach, CA 92660 1 brown(a'ir)eLvport beachca. gov E-MAIL Aoopts5; HGATANZARrrE@CATANEA1RI4E COM DIRECT FAx! (714) 399-0577 Re, Notice of Appeal of: Five Crowns Temporary Outdoor Dining (PA2023- 02020) Limited Term Permit (>90 Days) Coastal Development Permit Planning Commission December 5, 2024 (1) Finding the project exempt from CEQUA under Class 1 and (2) Adopt Resolution No. PC2-24-27 denying the Appeal by Kenneth J. and Kim Catanzarite 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). APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERNHT TO ALLOW A TEMPORARY OUTDOOR DINING AREA WITH LIVE ENTERTAINMENT LOCATED AT 3801 EAST COAST HIGHWAY (PA2023-0202) TO THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH Dear City Council Members - Appellants Ken and Kim Catanzante and Herb and Harriet Melmon hereby appeal the December 5, 2024 Planning Commission action described above advocated by the City of Newport Beach Planning Department ("Planning") in its Staff Report and supported by Five Crowns ("Applicant") and indemnitor to the City. PROJECT SUMMARY The applicant requests a limited tern permit and coastal development pennit to allow an existing temporary outdoor dining patio to remain for a limited one -year -term at Five Crowns Restaurant. The expanded 1,350-square-foot outdoor dining area including a 850-square-foot canopy was originally approved by an Emergency Temporary Use Permit (ETUP) in 2020 as a temporary addition to their existing outdoor dining. Although the ETUP expired, the temporary outdoor dining area has remained in use. The outdoor dining area will occupy existing open space behind the permanent outdoor dining. The outdoor dining area will include live entertainment and will close 22-81 City of Newport Beach December 18, 2024 Page 2 by 10:00 p.m. A sound wall will be installed along the rear property lines. The interior of the restaurant and the outdoor area have historically been used for private events on the weekends. The existing operating hours of the restaurant will remain the same. Bold emphasis added. Appellants provide the following referenced Exhibits: "A" a Complete Copy of MC 20.52.040 Limited Term Permits; " B " Exterior Noise Permit Application; Exhibit "C" Use Permit 1822 ("UP 1877" ); Exhibit "D" COVID Temporary Permit ("ETUP" below); Exhibit "E" Citation #: 1231914A and July 12, 2023 Notice Letter; Exhibit "I"' Dickerson Sound Study Expert Opinion; Exhibit "G" Floor Plan and Parking Pages frorn UP 1822: Exhibit "H" November 19, 2024 Public Records Notice of Detennination; Exhibit "I" MCI-.32.030 through .090 Sound Amplifying Equipment 1977; Exhibit "J" Bungalow Limited Tenn Permit 2021; Exhibit "K" El Cho lo Limited Term Permit 2021; and Exhibit "L" Jaime Muri110 Email of December 6, 2024. The 19 identified errors below, these documents and review of the Newport Beach Municipal Code ("MC") make clear the multiple errors require denial of the Application and reversal of the Resolution. In summary: (I) The "Project" for numerous reasons cannot meet the requirements of Temporary use because it simply does not qualify as "temporary' (2) Five Crowns (the "Applicant") should immediately be cited for its continued operations which are contrary to Use Permit ("UP") 1822 and prohibited from use of the outdoor - dining patio (the "Patio") for anything other than the 1977 approved 348 square feet for dining until 9:00 prn, patrons limited to 150 and no amplified sound. (3) If any expanded use of the Patio is sought by Applicant it must be through application to modify the 1977 approved UP 1822 with full consideration by the Planning Commission and City Council as well as demonstration the Project complies with offstreet parking and traffic requirements. (4) The Application is nothing more than an end around UP 1822 with its well reasoned restrictions that prohibited exactly what Applicant seeks, that is 1.000 more square feet in the Patio to increase its patron count fi-om 150 to 225 and "net public area" by 20%, increased hours of operation to 10 pm from 9pm, with amplified sound for Events that were restricted to inside the building. This no doubt results in a more than 20% increase in revenue and profits at the expense of Applicant's neighbors. There is nothing neighborly here, (5) The substantial wisdom of the limitations imposed under UP 1827 and ETUP dictate denial of the Application. Specifically, UP 1822 considered the sound, light and traffic generated from use of the 1,350 square foot Patio area and then limited its use to 348 square feet, limited the hours of operation to 9 pm and provided that there shall be no amplified sound at all. While the Application because of how it was presented has focused on amplified sound, the real focus must in the final consideration be on the soundness of conditions imposed under UP 1822 which satisfied objecting neighbors both in 1977 and now. The Applicant must be restricted to outdoor patio use to 348 square feet, open not later than 9 prn and no amplified sound. That is what is required of Applicant and the Resolution must be reversed and stricken. No rational basis exists for the findings required to support the Resolution nor that which would be required to overcome UP 1822 limitations, none. 22-82 City of Newport Beach December 18, 2024 Page 3 (6) Five Crowns has operated its Events Uninterrupted even though it does not have a permit of any kind to operate amplified sound in the courtyard, Appellants complaints to Code Enforcement are not just ignored, they are rejected because as its manager stated "They have a permit and we are going to let them operate." Resolution No. PC2-24-27 must be rejected and reversed to a denial for the following reasons set out as Nos. 1-19 assignments of error: The Project Erroneously Approved by the Resolution is Not of Limited Duration, Not Compatible With Adjacent Residences and Admitted Illegal Operation Since September G, 2021 in Violation of UP 1822 Disqualifies the Project Equitably and Mandatorily from Consideration Under MC 20.52.040 E. b. and c. The Resolution's use of MC 20.52.040 Limited Term Permits, a copy of which appears at Exhibit "A" does not apply to this Application. The Zoning Administrator's Findings of Fact at Nos. 2 and 5 misstate and omit facts as follows. The Resolution must reversed because: (A) the purpose is not "...of limited duration (e.g., interim, nonpermanent, and/or seasonal in nature) that would be compatible with adjacent and surrounding uses Appellants' Position. Initially, it is an oxymoron to call Five Crowns' admitted 200 Events throughout the years since clearly 2020 as "temporary" - the very construct of the application for such Events as such is itself a falsehood. The examples under this section do not at all comport with the Project- nothing about this use is temporary. Examples of such temporary use are Christmas tree lots, construction operation lot and the like. Indeed. Applicant admits that it has been engaged in illegal operation since the COV1D Emergency Permit. Why? Because UP 1822 at Exhibit C and Exhibit "M COVID Temporary Permit which expired required that there be no increase in occupancy, hours of operation and no amplified sound. Yet Five Crowns admits that its expanded use of the Patio with increased occupant load vis "net public space" discussed below at Appellants #3-4, held Events, extended hours of operation until 10 pm and offered amplified music and sound. The Applicant has lied about this Project from the beginning which in and of itself objectively requires denial. His initial application tried to slip the amplified sound through as "background music" until confronted by Appellants. Then he confessed he rncant fiili amplified sounds with bands and disk jockeys. By indemnifying the City he got Planning on his side even though again this was not temporary at all but meant to sanction continued illegal conduct and reward him for it, MC 20.52.040 has not been met because there are no findings, indeed findings to the contrary that Conditions of Approval have been met. Specifically: 22-83 City of Newport Beach December 18, 2024 Page 4 There is no finding consistent with G. " 2. The subject lot is adequate in size and shape to accommodate the limited duration use vvithout material detrirrrertt to the use and ei jayment of other- properties located adjacent to and in the vicinio} of'the lot; " As discussed below the adjacent properties are not protected from noise and vibration given the use of amplified sound. There is no finding consistent with G. "3. The subject lot is adequately served by streets or higlzways having sqf ficient width and improvements to accornnrodate the kind and quantio) of traffic that the limited duration use would or could reasonably, be expected to generate; " As discussed below there was no traffic study for the 75 patron increase and traffic flow. There is no finding consistent with G. "4. Adequate tempor•aav parking to accommodate vehicular- traffic to he generated bt- the limited duration use would be available either on -site or at alternate locations acceptable to the Zoning Adininistrator; " As discussed below there was no parking study for the 75 patron increase for required offsh•eet parking requiring 30 more parking spaces with Applicant does not have, There are no "H. Conditions ... 4. Regulation of Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent lots, ... noise, ... trash, and vibration;" As discussed below there was no competent noise study and no condition requiring independent monitoring and review. The City is forcing policing of compliance entirely upon the adversely impacted residents with a Code Enforcement division that simply will not cite Five Crowns. The Zotung Administrator and Planning Commission simply ignored the required findings without foundation when as required by MC 20.52.040 "3. EAdence. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection (G) of this section (Findings and Decision)." Applicant had no such evidence particularly to counter Appellants demonstration of the increased parking requirements which were not met and the traffic implications for already narrow streets on Hazel Drive and Poppy drive. The City, Zoning Administrator and the Planning Commission wrongfully ignore this requirement obviously because Applicant cannot meet them and after all it is indemnifying the City. 2. (B) the purpose described in the Resolution is not of a type or nature consistent with 20.52.040 D. Allowed Limited Duration Uses and is not "compatible with the subject zoning district and surrounding fuses." Appellants Position: Even if this were a legitimate "limited duration use", it is not, there are residences within 40-45 feet of the Project activities- there is simply nothing of a kind or nature conducted next door not- far that matter in all of Corona del Mar Village. The purported supporting statements to the contrary were conclusory and withheld until after the close of the public hearing with the Zoning Administrator which itself violated due process because the Appellants were unaware of the purported basis of factual support, there was none, there were in 22-84 City of Newport Beach December 18, 2024 Page 5 fact no comparable uses. After the close of the public hearing the Administrator only then cited his two "examples" E1 Cholo and the Bungalow. Subsequently, Appellant obtained those two Limited Terre permits and determined Planning and the Zoning Administrator misrepresented them because among other things they prohibit amplified sound. Bun glow located at 2441 E. Coast Highway has a covered and virtually enclosed small patio less than half the size of the Applicant's request and is essentially in the parking lot. The residences are double or more the distance from the Five Crowns use across two parking lots. Again the Bungalow example does not support the Resolution and there was no disclosure as to whether or not there was a permit for that operation nor whether or not anyone had objected if there had been an application. As is clear- from Exhibit "T' page 14 of the PDF "5. There shall he no use of amplified sound. " E1 Cholo located at 3520 E. Coast Hi hwa has a small patio in front of the restaurant which sits between the building and Pacific Coast Highway. There are simply no residences within hundreds of feet of that open patio area and no one to be adversely impacted. Use of this example does not support the Resolution. As is clear from Exhibit "K" page I 1 of the PDF "5. There shall he no use of amplified sound. " Both EI Cholo and Bungalow's permits prohibit aml2lified sound. Therefore these purported supporting, permits in fact support Appellant. Five Crowns is not entitled to the blanket us of amplified sound. Here Appellants object to the Application and Resolution supported by facts and expert opinion. For that reason as well as others the Application must be denied and the Resolution reversed. The City, Zoning Administrator and the Planning Commission wrongfully ignore this requirement obviously because Applicant is indemnifying the City. 3. Five Crowns has been conducting its Events in the 1,350 square foot courtyard for years Without interruption and without a permit including the increased 1,040 square feet, hours of operation until 10 pm from 9 pm, with amplified sound. It did so knowing all such conduct was prohibited. This includes an express notice on July 12, 2023 that it could not operate in that manner and that an amendment to UP 1822 was necessary. Applicant seeks a prohibited by UP 1822 increase of 20% in its "net public space" to 5,800 square feet, increased hours of operation and amplified sound, all intruding on its neighbors' quiet enjoyment without seeking, as required an amendment to UP 1822- this is not permitted. Appellants Position: Again the entire premise of Applicant, Planning, the Zoning Administrator and Planning Commission for to approve a "Temporary Permit" under MC 20.52.040 is itself contradicted by the perceived permanent right to conduct Events. That was after all AppIicant's position when confronted in 2023. To approve a temporary permit would reward illegal conduct that has been the subject of a citation for noise ordinance violation, a July 22-85 City of Newport Beach December 18, 2024 Page 6 12, 2023 City notice email stating the requirement that Applicant must seek amendment of UP 182E and multiple neighbor complaints including the Citation, as well as continued violations reported on August 3, 2024 with sound measurements of over 70 DB. The June 2023 Complaints With Excessive Sound Readings confitined by Code Enforcement leading to issuance of Citation #: I231914A: On Sunday Juice 18, 2023 at roughly 10:00 p.m. Appellants called Newport Beach Code Enforcement because of the loud and raucous noise: corning from Applicant's patio. Officer Aydee Insunza received the call and at roughly 10:00 p,m. recorded "FIRST SOUND READING COMPLETED AT 9:54 PM, 60.6-68.2 DCB METER SET UP ON THE SIDEWALK OUTSIDE OF [352 Hazel]. 2ND SOUND READING COMPLETED AT 9:57 PM, 62.7-72.2 DCB." See Exhibit E. Again, on Saturday ,tune 24, 2023 at roughly 9:10 p.m. Appellants again called Newport Beach Code Enforcement because of the loud and raucous noise coming from Applicant's patio. Officer Aydee Insunza received the call and at roughly 10:00 p.m. recorded "FIRST SOUND READING COMPLETED AT 9:10 PM, 60.3-66. DCB METER SET UP ON THE SIDEWALK OUTSIDE OF [352 Hazel]. 2ND SOUND READING COMPLETED AT 9.12 PM, 62.9-70.5 DCB, I went down on Hazel and I was still able to hear the noise.." See Exhibit E. These recorded observations and readings confirm the violations of UP 1822 specifically occupying the 1,350 area when restricted. to 348 square feet, operating after 9 pm and amplified sound, all of which were and to this day are prohibited. The Clear and Unambiguous .tune 12, 2023 City of Newport Beach Notice That Applicant's conduct was prohibited and required amendment of UP 1822. In June 2023, Applicant engaged in obfuscation and misdirection in responding to the Citation led by Ryan Wilson as CEO contending its Events, use of the patio, after 9 pin activities and amplified music were somehow justified by UP 1822 and the restaurant's historical operation. In other words: Applicant took the position that it had the right to permanently conduct the Events with even amplified sounds. This evidence of course contradicts the claim that the very same activity is "temporary". In the end, the City of Newport Beach rejected the contentions finding that an Amendment of UP 1822 was necessary as follows: From: Orozco, Oscar Sent: July 12, 2023 10:38 AM To: Ryan Wilson Cc: Brian Stone, Munoz, Jonathan Subject: RE: Five Crowns Garden Operations Research Follow Up Flag: Flag for follow up Flag Status: Completed Hi Ryan, 22-86 City of Newport Beach December 18, 2024 Page 7 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. SUP 1078 & 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 ixhihit E. In perspective, Applicant was notified over one and a Half years ago that it had to make application to amend UP 1822 and chose not to do so, instead pursuing this end around with it is not to be forgotten misrepresentation of its true intentions. Specifically, the initial application failed to describe the Events and instead characterized the sound as background music. That falsehood was forced to disclosure by Appellants objections, The Resolution seeks to rubber stamp this misconduct. The August 3 2024 continued Applicant's misconduct and sound readings exceeding 70 db in violation of MC 10-26.025 Exterior Noise Standards in Zone I of 55 DBA between 7 a.m. to 10 p.Ill. Notwithstanding an absence of any permit Applicant has continued to hold Events in the 1,350 square foot Patio, after 9 pm with amplified sounds all as prohibited by UP 1822 generating routinely sounds in excess of 55 DBA. In front of 352 Hazel, this video demonstrates both the noise and flashhIg and light level violations from use of the 1,350 square feet during an Event in August 2024. [https:Ilwww.di-opbox.com/scllfi/3f1igquxob4zapxsg9p]2 7/20244803_203 859.mp4?rlkey=vtvrhu 20jgxfgdzamzkm47urs&st=tpv90 1 h6&d1=0] 22-87 City of Newport Beach December 18, 2024 Page 8 In front of 352 Hazel, this video also shows continued use of the gate in the side wall on Hazel Drive for patrons using that entrance while parking on Hazel rather than in the offstreet lot on Poppy as described in UP 1822. [https://www.dropbox.com/scllfi/I k5fbwp3mhrfrozff2336120240803_ 204011.mp4?rlke}--7c5y5pbfiiggsrygh4e3eaolu7&st--4km3yhdy&dl= 413 oil QR 0] too 17 In front of 352 Hazel. this meter reading exemplifies readings 73,js taken the same evening. „ .. Code Enforcement was called but unfortunately by the time Code Enforcement arrived the Event had ended. Applicant never obtained any permit for any of its numerous NJdR 7'An Hda Events nor for the use of amplified sound in the 1,350 square foot Patio notwithstanding its loud and raucous noise being generated and foisted upon its residential neighbors well in excess of 55 IDBA. The ,� reason for this inapplicable Temporary Permit, which itself required traffic and parking proof by Applicant (Exhibit "A" 20.52.040 G. 3. & 4.) is that Applicant does not have sufficient off-street parking to amend or modify UP 1822 which limits "net public area" to 4,800 square feet. In other words adding 1,000 square feet would increase the area to 5,800 square feet generating 20%snore space and a commensurate increase in its revenue and profits from increasing hours from 9 prn to 10 pm and addition of amplified sound while causing congestion on Hazel and Poppy parking on City streets and prohibited intense increased activity exemplified by the Citation and continued notices. The Resolution Erroneously Ignores that the Disqualification of Applicant Was and Is Mandated by MC 20.52.040 E. b. and c. Because of the Admitted Unpermitted Conduct and #3 Described Activities. The City, Zoning Administrator and the Planning Commission wrongfully ignore this requirement obviously because Applicant is indemnifying the City. 4. The Resolution is in error because Applicant is disqualified having admitted that it has operated illegally at least since the end of the COVID emergency permit termination on September 6, 2 02 1, its application is disqualified under: 20.52.040 E. Application Filing, Processing, and Review. b. Application Before Operation, A complete application shall be filed with the Department at least thirty (30) days before the date that the proposed limited duration use is scheduled to take place. 22-88 City of Newport Beach December 18, 2024 Page 9 c. No Similar Activities for Thirty (30) Da -vs. 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. Appellants Position: The Application must be summarily denied and the Resolution reversed. There is no ambiguity about the language "shaII" since here Applicant admits it has continuously operated since at least September G, 2021 on a continuous basis. the Citation at #3 confirms exactly that and as such it does not meet the requirements to make even a Limited Term Pen -nit application, even if it qualified to begin with, which it does not. Appellants raised this objection and it is not addressed in any support for the Resolution because none exists- as alleged it disqualifies Applicant, its Application and reversal of the Resolution. This is not discretionary but mandatory. The best the City can do is consider a new application after Five Crowns has shut down its violating operations for not less than a continuous 30 days. And when they apply appellants will again object. Again, the City, Zoning Administrator and the Planning Commission wrongfully ignore this requirement obviously because Applicant is indemnifying the City. 5. The Resolution's characterization of the Existing Use is false and admits there is no amplified music allowed, proposes to excuse the illegal historical un-permitted operation, misrepresents hours of operation until 10 and then sweeps under the rug the entire illegal use contrary to UP 1822 with the following statement: " The outdoor dining area will include live entertainment and will close by 10:00 p.m." Resolution asserts as to finding A "Facts in Support of Finding; 1. The limited term permit will allow an additional outdoor dining area at the rear of the property until December 31, 2024. The existing restaurant is authorized through Use Permit No. 1822 and includes approximateI 750 square feet of l2el inanent outdoor diu�. 2. The additional outdoor dining area has not posed a hazard to the general welfare of ersons residing in the area since it was p laced duri ng the COVID-19 pandemic in 2 02 0. The operation of the expanded outdoor dining area is limited until December 31, 2024, and has been reviewed and conditioned to preclude any detriment to the general welfare of the area. Underline emphasis added. Appellants Position: In addition to the errors cited at Nos. 1-4, a cursory review of the nature of Applicant's admitted activity neither UP 1822 see Nos. 3&4 above, nor the ETUP [CnVID] permits discloses the Resolution's factual misrepresentation as well as misstatement because the square footage was 348 not 750: The Eniergency COVID Permit Does Not Expand Number of Patrons, Limits to 9 p.m, and Prohibits Amplified Music- it is a Misrepresentation of Fact in the Resolution to Say Otherwise - and its Reference to Assembly Sill No. 1217 Does Not Change the ETUP 22-89 City of Newport Beach December 18, 2024 Page 10 Limitations Imposed on Applicant- Applicant Has Violated Those Limitations By Its Own Admission The Resolution Fact Finding #5 "Pursuant to Assembly Bill No. 1.217, Gabriel [Business Pandemic Relief}, temporary relief measures to suspend certain legal restrictions related to alcohol service, food service, and parking have been extended." However, while the Bill may have allowed a limited extension of ETUP nothing in the Bill altered limitations carefull imposed at the time therefore there is no increase in patron counts nor use of amplified sound. The Resolution erroneously ignores the limitations on no increase in patron count, no extension of operating times after 9 pm and no amplified music. Therefore Assembly Bill No. 1217 does not support the Resolution at all and to the contrary prohibits it. This misrepresentation was repeated on the record before the Planning Commission by Jaime Murillo and confirmed in Exhibit "L". Applicant sought and obtained COVID Emergency Temporary Permit No. UP 2020-128 and Emergency Coastal Development Permit No. CD2020-110, a copy of which is attached as Exhibit "D" (collectively the "ETUP") which allowed tempormy use of an added 1,000 square foot outdoor area to be combined with the 348 square foot outdoor patio area, which was approved as part of total 4,800 square foot "net public space" in 1977 with UP 1822. The ETUP facilitated the six foot distancing spread out for patrons in the patio and garden area, Significantly, in making the findings for ETUP approval the City's Community Development Director found and imposed conditions of approval as follows; 1. The operation authorized by this Emergency Temporary Use Permit and Emergency Coastal Development Permit is temporary and only valid during the emergency order established by Emergency Ordinance No. 2020-005; 5. The proposed operation does not constitute an increase in the overall occupant load beyond what the existing Use Permit [UP 18221 and/or Certificate of Occupancy allow; 19. The proposed operation does not extend any hours of operation beyond those currently permitted by Use Permit No. UP1078 and UP1822 .... IV. CONDITIONS OF APPROVAL. 1.Only that specifically described above and depicted in the attached site plan is authorized, subject to the conditions set forth below. Any additional changes require separate review and may necessitate separate authorization from the Director. The expanded dining area shall be in substantial conformance with the site plan and seating layout provided in Attachment No. CD 4. 2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions and any restrictions set forth in an applicable discretionary pen -nit regulating uses, nonconforming uses, development standards, parking and permit procedures that regulate the use and development of private or public property operations are suspended only to the extent that these provisions or restrictions set forth in a discretionary permit conflict with the terms of this Emergency Temporary Use Permit. 22-90 City of Newport Beach December 18, 2024 Page I 1 4. The expanded outdoor dining patio shall not exceed 1,350 square feet. 6. The existing allowed hours of operation of the establishment shall not be extended. The hours of operation of the area modified as part of this Emergency Temporary Use Permit shall not extend beyond 9 p.m. 7. The use of amplified sound within the temporary area shall be prohibited. 8. All dining tables shall be separated from other dining tables and/or waiting areas by a minimum distance of seven (7) feet to ensure proper social distancing is maintained. Bold errrphasis added. 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 I50 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 size 87 tandem and tripe parked lot, clearly 33 spaces it does not have. There is no parking study to support the Terirporary Permit and point #2 above makes clear a parking study is required because what is proposed increases substantially the nanrber of required parking spaces. In sum, the Resolution erroneously cites to the ETUP which to the contrary restricted the use such that Appheant could not expand the number of patrons, could not be open past 9 pm, prohibited amplified sound and excused a parking study because there was no increase in patron count. As above, Applicant admitted that its operations violated all of those limitations and tellingly increased patron count by 75 persons. It is error for the Resolution findings to try to use the ETUP to justify expanding the number of patrons, hours until 10 pm and amplified sound, and excuse a mandatory parking study all contrary as well to UP 1822. Therefore it is a misrepresentation for the Resolution to state otherwise and grounds for reversal. The Resolution fails to protect the peace and quiet the Applicant's neighbors seek to enjoy given this years long misconduct of Applicant with its after 9 pm loud, raucous parties described as Events, crowding, amplified sound, impacts on offstreet parking and numerous illegal Events. Recall as well Planning and the Zoning Administrator misrepresented that the Bungalow and E1 Cholo were examples of allowed temporary uses. Not true, both Temporary Permits at Exhibits I and K confirm no amplified sound and hours cutoff at 9 pi-n with no increase in patrons. 6. Worse the Project Description Further ignores the strict limitations imposed on the Applicant's operations since 1977. The Resolution ignores those limitations altogether paying only a passing comment about UP 1822, ignoring the July 12, 2023 Notice Email from Oscar Orozco and then attempting to white wash the Application by falsely calling the use as qualifying for a "Temporary Permit" which fails as described at Error Nos. #1-5 above. 22-91 City of Newport Beach December 18, 2024 Page 12 Appellants Position: The Resolution must be reversed and the permit application denied as in substance and effect an ineffective and unjustified amendment to UP 1822 effectively amending it without due process to the neighbors nor compliance with the far more protective of the adjacent property owners' rights, in the orderly permitting requirements. All because the Zoning Administrator, Planning Commission and Five Crowns know amendment to UP 1822 is not possible because its parking stalls in number and size are substandard meaning it does not have sufficient parking just the same as was observed in 1977. In 1977 a material waiver of the parking requirements was necessary for even the approval of the use of 348 square feet in the patio (Error No. 7). 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. The Project description and Resolution would, without complying with the City's Use Permit requirements, make the following material changes to UP 1822 and even the lapsed on September 6, 2021 Temporary Emergency Permit, the ETUP: 1. It increases the occupant load under UP 1822 which is set at 150 patrons. Indeed the Resolution proposes to shockingly allow 75 patrons in the patio courtyard alone with another 150 in the restaurant or 225 total, an unjustified increase of 50%. Even with. n.inimaI Events in the courtyard at say 50 patrons the total is 200 and a 3 3 % increase, None of this is justified and is an abuse of discretion. 2. It allows a 1,000 square foot expansion which is over 20% more than the 4,800 square foot "net public area" carefully set out and limited in UP 1822. Since over 10% a new or modification of UP 1822 is required. In fact the Resolution authorizes patron count increases well above the 150 patron threshold prohibited by both UP 1822 and the ETLFP. 3. It increases the hours of operation from 9:00 pm to 10:00 pm. 4. It sanctions amplified music prohibited under both UP 1822, the ETUP and MC 10.26.050, 10.32.020 and 10.32.030 conduct the Applicant has continuously abused and even having received the Citation. 5. ETUP W. CONDITIONS OF APPROVAL ...2.... parking and permit procedures that regulate the use and development of private ...property operations are suspended only to the extent that these provisions or restrictions set forth in a discretionary permit Conflict with the terms of this Emergency Temporary Use Permit." Clearly, increasing patron count by 75 persons conflict with no increase in patrons and instead spreading out and therefore a parking study was required yet City ignores its own conditions. Moreover, the required traffic and parking studies were wrongly excused notwithstanding the requirement at MC 20.52.040 G.3.&4. mandated factual support which was absent. Here, nothing excuses offstreet parking requirements which results in crowded streets and increased traffic. There is no justification for the Application and the Resolution must be reversed because UP 1872 presently applicable prohibits exactly what Applicant proposes and the Resolution erroneously rather intentionally approves. Instead, Applicant must cease all of its activities for at 22-92 City of Newport Beach December 18, 2024 Page 13 least 30 days and then apply for a Temporary Permit which cannot be granted or seek the proper channel of modification of UP 1822, which because of parking it cannot meet. A fact admitted in Eiror No. 17 below. Applicant's Operations are governed by its March 14, 1977 Use Permit 1822 ("UP 1822") which was comprised of "net public area" of a total 4,800 sq.ft., including a 348 sq.ft, outdoor patio which conditioned the permit upon having 87 car parking on an oft -street lot and a waiver of 34 of the otherwise required 120 car parking off- street. Restaurant capacity was stated at Event entertainment at the time was the piano bar pictured in its floor plan. Appellants Position: the Resolution erroneously approves conduct which the Applicant and the City know is prohibited under the label "temporary" and prohibited by the ETUP: • However, the net public area cannot be increased without an amendment to UP 1822. A 1.000 square foot increase in the Outdoor patio use will be an over 20% increase in the "net public area" which cannot be considered absent an amendment. • Further, allowing 75 patrons in the Courtyard and even more modest use wrongfiilly exceeds the LIP 1822 patron count of 150. The Events conducted are not allowed under UP 1822 in the 348 square foot patio area. • No amplified sound can be used in the 348 square foot patio area let alone a 1,350 square foot patio area. • Because Of the increase in patron count a parking study was required by ETUP Conditions of Approval #2 yet wrongfully ignored by City, again because Applicant is indemnifying City. Applicant acknowledged and admits that it its Events are not Temporary but has continuously operated its "Events" described on its website, including with amplified music without a permit outside in the Patio area. Yet tine Resolution wrongfully seeks to authorize and embed that wrongful activity under the false label of"temporary" which it is not. In fact Five Crowns said during the Zoning hearing that it was expending over $300,000 and at Planning Commission $700,000 for its "temporary" permit improvements. That disclosure makes clear there is nothing temporary about the intended use. And recall that such improvements pursuant to 20.52,040 H. 10. are to be removed "...ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the cessation of the use and that the property would be restored to its former condition..." which is absent from the findings making clear there is nothing temporary here but instead permanent. The Five Crowns website in May 2023 confessed its unapproved 200 Events ht s://www.Iawr sonline.comlfive-crownsl rivale-events provides: "Discover the enchanting ambiance of Five Crowns' event space, where timeless elegance meets natural beauty. Did you know that #FiveCrowns produces 22-93 City of ]Newport Beach December 18, 2024 Page 14 150-200 weddings and events a year!? Host your wedding, rehearsal dinner, bridal shower, or engagement party in our gorgeous greenhouse patio and garden, and create memories that will lest a lifetime. Book your special event with us now through our website!" Bold einiphasis added. Appellants Position: These Events are obviously not temporary but are substantial and the Resolution is in error for the reasons set out at error Nos. 1-7 above. The Events could only be conducted in compliance with UP 1822 inside the Restaurant not outside causing noise and light intrusion to the neighbors even without amplified sound disrupting the neighbors quiet enjoyment. The Zoning Administrator's Review here is limited and required findings cannot he made to support the Resolution. 9. The Application and Resolution were not matters for the Zoning Administrator because they were outside his scope of authority, 20.52.040 F. Review Authority. 2. The Zoning Administrator may instead refer the application for a Iimited term permit to the Commission for consideration and final action when, in the Zoning Administrator's iudgment there may be public interest controvers , or issues requiring a public forum due to the nature of the request. 3. If referred to the Commission, the Commission shall conduct a public hearing on the application. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). 10. The 20.52.040 F. Findings and Decision. The required Findings are not met, 1. The operation of the requested limited duration use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, nor endan er jeopardize, or otherwise constitute a hazard to the public convenience health interest safety, or eneral welfare of persons residing or working in the neighborhood of the requested liinited duration use; Underline emphasis added. Appellants Position: The expanded by 1,000 square foot operation until 10 pm with amplified sound is unwarranted and not permitted under UP 1822. No such finding can be made that contradicts UP 1822. After all it is a limitation already imposed, the proposed increase in space of 1,000 square feet is 20% exceeding the 10% threshold requiring an amendment to UP 1822. Further, allowing the addition of 75 patrons in the courtyard wrongfully increases the patron count by 50% from the 150 patron limit to 225. 22-94 City of Newport Beach December 18, 2024 Page 15 I The subject tot 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; Appellants Position: UP 1872 expressly and wisely limited the size in the patio use to 348 square feet to keep the "net public area' at a total of 4,500 and in turn patron count to 150. This keeps down the sound and light impacting the residents adjacent to Applicant. By definition the limitation in UP 1822 expressly determined the lot size could not be increased and this proposed increase by 1,000 square feet or 20% and patron count to 225 is unwarranted and in fact prohibited by UP 1822. No such finding can be made that contradicts UP 1822. 3. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate; and 4. Adequate temporary arkin to accommodate vehicular traffic to be generated b the limited duration use would be available either on -site or- at alternate locations acce table to the Zoning Administrator; and Appellants Position as to 3 and 4: UP 1822 limited the size of the patio to 350 square feet and the restaurant "net public area" for a good reason, both parking and intrusion on the residential neighbors. No such finding can be made that contradicts UP 1822. The Appellants offered evidence that parking on Hazel Drive was being adversely impacted by the unpermitted historical use and showed videos of patrons exiting the patio gate to go to and from cars on Hazel drive. The Resolution utterly fails to require a parking study for the radical increase in use as a condition to approval. Of course the use is not temporary nor is there support that there is temporary parking available, There is not. To the contrary the Planning Commission without any evidence required by Applicant whatsoever finds at page 5 of 14 adequate temporary parking when in fact not a single parking space was provided for 50- 75 patrons. The purported finding is based upon misreading and misapplication of inapplicable Assembly Bill No. 1217. This is inexcusable because MC 20.52.040 requires Applicant to provide factual support for traffic and parking at G.3.&4. Planning and the Applicant without any foundation, argue there were private events in 1977 forward. 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 to limiting permit requirements. (See Exhibit B, H and I.) 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 mores ace in the patio in 1977 because then and now it did not and does not have sufficient parking for more. 22-95 City of Newport Beach December 18, 2024 Page 16 The rule of thumb for parking requirements is 1 space for 2.3 persons. That results in 75 persons12.3 persons per space = 32.6 required spaces rounded to 33 additional required spaces to accommodate off'street parking. far 75 guests or patrons at each Event. Notably, being conservative this assumes no increase in employee count which of course is unlikely requiring more off street spaces. At present numerous Applicant employees park on Hazel drive taking up resident and guest parking. Note as well that with 150 patrons and 20-34 employees as a base case the existing parking of 87 spaces is already committed and itself required a waiver of 3a 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: aeor+ rw+rrc�a� M.M iii ❑fir Fri Ar114 6� ON�N7 MI wGr.+f� ux-A& era I-ATO 120. a H•'+Ir � �6• - bLR7 fiar.r s Yri Act ' J40 �gC�C4T�OrJ[ . • ♦ • Ytvoow�o �Gr.C�E --2PJZ _ 1 � a` — s �❑ a 22-96 City of Newport Beach December 18, 2024 Page 17 Notwithstanding the above, Planning states "Inconsistence, wilh ETUP Conditions ... For example, ternpora!y outdoor patios for restaurants were restricted to a c I os i ng time of 9:00 12.m. throughout the City and prohibited the use of live entertainment. However, in this case, unlike many other restaurants, the existin g Use Permit UP 1822 is silent an hours of o eration and live entertainment within the existing outdoor patio., so the general ETi]P conditions may have been more restrictive than the underlying use permit." Underline and bald 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 1,350 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 mention of amplified sound in UP 1822 nor was there a permit 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. 5. The ]united duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, this Code, and other City regulations. Appellants Position: For the reasons stated above in error Nos. 1-8 this does not qualify as a Temporary Use and the Applicant is disqualified having continuously operated since at least 5epternbcr 2021 in clear violation of its UP 1922. Again, UP 1822 limited the size of the patio to 350 square feet and the restaurant "net public area" for a good reason, both parking and intrusion on the residential neighbors. Because UP 1822 is equivalent to the Code and a City regulation, 110 such finding can be made that contradicts UP 1822. The Resolution finding otherwise is error. 11, The Temporary Permit if approved may apply conditions which would need to be extensive. If any part of the Resolution is retained then Appellants without waiving their assigmnents of error assert there should be: • no Events allowed other than as was permitted by UP 1822 inside the Restaurant. • no amplified outdoor sound absent ones obtaining permits pursuant to MC I0.32.020 and 10.32.030 • outside dining only without amplified sound limited to weekday hours to 8 pm and weekend hours to 9 pm. • proof that the 1,000 added square footage will have adequate parking. • a sound wall for mitigation of crowd noise • reduced lighting starting at nightfall, no bright or flashing lights to be used 22-97 City of Newport Beach ❑ecem ber 18, 2024 Page 18 • third party monitoring paid for by Five Crowns with open access to the data monitored not by Five Clowns but by independent experts with ready public access to output and findnlgs • violation of the 55 DB limits to result in immediate loss of permit Because There is No Valid Existing Use CEQA Exemptions do not Apply. 12. The Resolution at Section 2 Erroneously Claims a Class 1 CEQA exemption applies. This is in error because the present use is known to be unlawful and prohibited by UP 1822, not justified by ETUP and certainly not temporary. As such it cannot be an expansion of an existing use because existing uses must be lawful which this use is not. The Resolution cites. "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." and further cites "... exempt from the California Environmental Quality Act (CEQA) pursuant to Section 1.5301 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 si2nificant effect on the environment...". Underline added Appellants Position: The project to the contrary Applicant has no existing pennitted outdoor dining activity beyond 348 square feet and q pm let alone a continuous pen -nit for live outdoor "Events" with amplified sound after 8 pm. The sound, light, traffic and activities will have a significant adverse effect on the environment and diminish property values. And the Applicant's historical unpeniiitted and unlawful activities are prohibited by UP 1822. As above the 1,000 square foot increase expands the "public space" from 4,800 to 5,800 square feet and adds 75 plus patrons well exceeding UP 1822's carefully crafter limitations. Hence, Class 1 does not apply. Nor is the impact on the neighborhood negligible. 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. 13. The Resolution erroneously relies upon the Applicant's demonstrated as false and defective RK Sound Sturdy and ignored Appellants' complete in scope and application sound study. As Appellants demonstrated at hearing the RK study positioned the speaker in the corner of the patio that was not used historically for the bands, speaker positions and disc jockeys and omitted crowd noise. At hearing the Applicant had no rebuttal when confronted by Appellants with the deficiencies of Applicant's study. In a feigned effort at judicious review of the evidence the Zoning Administrator simply stated `well experts do not always agree'. This is error because one cannot ignore the Appellants' rebuttal expert who properly placed the speakers as illustrated by Applicant's own pictures on its website in the patio and added crowd noise. Appellants' expert demonstrated that the Application and purported limitations were insufficient and that the sound from the Resolution's approved use would exceed City standards limits of 55 db. 22-98 City of Newport Beach December 18, 2024 Page 19 Attached as Exhibit -F" is Appellants' Expert Report #2 from Mike Dickerson, 1NCE and Claire Pincock, iNCE of MD Acoustics ("Dickerson") offering opinions regarding the updated 8/5/2024 RIB 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 ❑b at impact locations 1-4 with the send and their floors at 352 Hazel severely impacted. RK's moddLn did not include crowd noise and laced the amp Iificatioil a ui pment in an area not historical) y used for Events as clear) y shown in Fi Vure 3." Underline emphasis added. 14. The Resolution is in Error in sanctioning Event use of amplified sound outdoors after 8:00 pill contrary to the purpose and intent of MC 10.26.050 Sound -Amplifying Equipment and the related 10.32.020 and 10.32.030 Permit and Application requirements limiting the type and use of such equipment and the City's Form Application at Exhibit "B" prohibiting such sound after 8:00 pm. Appellants Position: The Resolution cannot permit outdoor amplified sound under any circumstances after 8:00 pill nor without separate permits pursuant to MC 10.32.020 and 10.32.030 with equipment limitations and advance approvals of each Event pursuant to the Municipal Code. The Zoning Administrator has no discretion to issue a permit, temporary or otherwise, sanctioning this outdoor amplified noise after 8:00 pin until 10:00 pm and 9:00 prn Monday through Friday, such is an abuse of discretion if any is believed to exist, which it does not. At Exhibit "L" Planning attempts to excuse compliance with a reference to exceptions at 10.32.090 "E. Activities regulated by a use permit or other Iand use control under the provisions of Title 20, planning and zoning;..." This however takes us back to the position that the use is not Temporary and even if it was then 20.52.040 H. "Conditions of Approval.... 4. Regulation of Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent lots, ... noise, ..., trash, and vibration;" required comprehensive standards which Five Crowns cannot meet. Chapter 1-.26 Community Noise Control Section 1-16.005 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. MC 10.26.050 Sound -Amp Ii Eying Equipment. Prohibits the use of: "Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall he 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, 22-99 City of Newport Beach December 18, 2024 Page 20 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. The Resolution erroneously authorizes serial and multiple Events, e.g. weddings, with multiple providers none of which are securing the required permits for the various events and equipment to be considered t€re following is required by the Municipal Code for such outside Events - the Resolution at a :ninimurn must be modified to strike the use of amplified sound used outdoors in the patio absent the Event applicant securing the necessary permit and stopping at 8:00 p.m.: 10.32.020 Permit Required. No person shall use or cause to be used any sound -amplifying equipment ... in the City without first having apl2lied for and obtained a permit from the Finance Director as provided in this chapter, (Ord. 95-39 § 4 (part), 1995) 10.32.030 Application for Permit. Applications for permits for the use of sound -amplifying equipment... shall be filed with the Finance Department on forms supplied by the City. The application shall contain the following information: F. The purpose for which the sound -amplifying equipment or sound truck will be used; G. The proposed hours of operation of the sound -amplifying system or sound truck; H. The number of days of proposed operation of the sound -amplifying equipment or sound trick; I. A general description of the sound -amplifying equipment to be used; J. The maximum sound- roducin a power of the sou nd-amp Iifying equipment to be used. including: 1. The wattage to be used, 2. The volume in decibels of the sound which shall be produced, 3. The apl2roximate maximum distance sound will be projected from the sound -amplifying e ui meat. (Ord. 95-38 § 4 (part), 1995) Underline and bold emphasis added. The Resolution is erroneous in failing to require that each Event that will involve amplified sound devices outdoors in the Patio must secure a permit that complies with the above Code. It simply conflates uses, erroneously treated outdoor amplified sound as if it is natural crowd non -amplified sound. That is clear error. When this issue was raised at the first hearing by Appel Iants the Zoning Administrator erroneously stated that the foregoing code sections only applied to sound tricks. That is fundamental error. The Zoning Administrator leas no discretion 22-100 City of Newport Beach December 18, 2024 Page 21 to allow exterior amplified noise after 8:00 pm (See Application Exhibit B clearly indicating such limitation) and no discretion to blanket approve just airy equipment to be used at an Event which does not strictly limit the type and power of sound amplifying equipment. Nothing in the Resolution excuses this mandatory requirement. Mr. Dickerson at Exhibit F also opined that due to the equipment and application variations at Events that separate permits would be required so that constraints can he imposed on the Event sound producer and that the time limit of 8:00 pm on the City's application itself be implemented. This opinion is supported as follows "...[MC] 10.28.20 sound amplifying devices are addressed including considerations of the hour, place, nature and circumstances of the emission (See [Exhibit F internal] Appendix A). Then 10.26.050 addresses Sound -Amplifying Equipment requiring a permit at 10.32.030 which sets out inclusion of the "maximum sound -producing power" at Exhibit F internal subsection J. "It is our opinion that the Events require permits for the use of outdoor sound amplification equipment for control purposes and that multiple events, unless they would use the same approved sound equipment would require a new Permit." 15. In addition to Finding E having nothing in support, the Facts in support at "I. —designed to foster pedestrian activity. The ternporary outdoor dining use is an accessary 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" and "2..., 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,..." are both is untrue because the purpose of the Application is to add numerous Events which are not neighborhood uses but instead people booking on line from outside the area to book an outdoor event that can run to 10 prn and arriplify sound outdoors. Appellants Position: The Resolution supports Applicant's profit making expansion by 20% Events activity as its target and is not remotely supportive of pedestrian activity other than of course those jamming up the Hazel Drive and walking around to the front of the building; or - sneaking through the gate to the patio on Hazel. 16. The Resolution does not "F. Conforms to all applicable sections of Ili certi fled Local Coastal Program." The Facts in support simply fail and a development permit is required. Fact is 1. Asserting "...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, Underline emphasis added. Appellants Position: There is absolutely nothing to support the statement of a consistent patteril. This is a one off end around UP 1822 nothing more. The only other activity is addressed at Error No. 2 above and as such refutes any `pattern' contention. Second 352 Hazel his a third 22-101 City of Newport Beach December 18, 2024 Page 22 floor outdoor patio and the noise and light from the Applicant's use degrades the visual quality of the coastal zone. Fact "2. The Property is located in the coastal zone and the proposed improvements require a coastal development permit in accordance with Newport Beach Municipal Code (NBMC) Section 21.52.035(C)(2) [Projects Exempt from Coastal Development Permit Requirements]. The improvements constitute a change in the intensity of the existing use by adding additional temporary dining opportunities at the site. Appellants Position: We agree a Coastal Development Permit is required and none has been obtained or applied for to our knowledge, because the radical 20% increase in size intensity, material change adding 75 patrons an increase of 50% and use of amplified sound purportedly without a permit and 8prn limitations must have such a permit. Moreover, a review of UP 1822 from 1977 requires the permit consistent with 21.52.035(C)(2)(f). Fact "3. The proposed improvements are corn lernenta to the area; the subject restaurant and other restaurants in Corona del Mar have similar outdoor dining improvements. The additional temporary outdoor dining area will not be visible from Surrounding areas ..." Appellants Position: For reasons cited at Error No. 2 the use is not at all complimentary nor- similar to anything in the area. 17, Without waiving any of its error citations Appellant provides: The Resolution's Conditions of Approval acknowledge the merits of this Appeal "3.... An amendment to Use Permit No. 1822, including a potential parking waiver and coastal development ep rniit, would he required to retain the outdoor dining area on a permanent basis..." Bold and underline added. 18. Without waiving any of its error citations Appellant provides: The Resolution's Conditions of Approval 11, 12 and 13 are deficient permitting parking on Hazel Drive which congests the street and congregation before, during and after Events on Hazel. There should be a prohibition altogether. 18. Without waiving any of its error citations Appellant provides: The Resolution's Conditions of Approval 22 shall be modified for provision that any person shall have public access to the required sound monitoring and that there shall be an immediate revocation of the permit when monitoring indicates a violation of sound levels imposed. Otherwise. the slap on the hand will continue to require the neighbors to constantly call Code Enforcement which Applicant has Historically ignored. 19 Without waiving any of its error citations Appellant provides: The Resolution's Conditions of Approval 29 should be removed as it encourages the approval of permits such as this one that are clearly improper. It operates as allowing the Applicant to advance clearly erroneous and unwarranted positions if it indemnifies the City. The City 22-102 City of Newport Beach December 18, 2024 Page 23 must take into consideration that it has stretched beyond all reasonable bounds such activity and pay the consequence itself when it does so, CONCLUSION For all the reasons stated in this appeal, the Applicant's request for a Temporary Permit must be denied. if the City Council is inclined to consider a temporary permit then the same should be conditioned upon a cessation of operations until an independent traffic and parking 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 tenninated 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, CATANZ TE LAW CORPORATION Kenneth J. atanzarite For Appellants Attachments/Enclosures: as indicated. 22-103 Exhibit A 22-104 Chapter 20.52 PERMIT REVIEW PROCEDURES Sections: 20.52.010 Purpose. 20.52.015 Affordable Housing Implementation Plan. 20.52.020 Conditional Use Permits and Minor Use Permits. 20.52.030 Conditional Use Permits in Residential Zoning Districts. 20.52.040 Limited Term Permits. 20.52.050 Modification Permits. 20.52.060 Planned Development Permits. 20.62.070 Reasonable Accommodations. 20.52.080 Site Development Reviews. 20.52.090 Variances. 20.52.100 Zoning Clearances. 22-105 20.52.040 Limited Term Permits. A. Purpose. The purpose of this section is to consider applicant requests for uses of limited duration (e.g., interim, nonpermanent, and/or seasonal in nature) that would be compatible with adjacent and surrounding uses when conducted in compliance with this section. B. Applicability. 1. Limited Duration Uses. A limited term permit allows limited duration uses that might not meet the development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary or limited nature. 2. Limited Term Permit Required. Limited duration uses shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid limited terns permit in compliance with this section. C. Exempt Limited duration Uses. The following limited duration uses are exempt from the requirement for a limited term permit. Uses that do not fall within the categories defined below shall comply with subsection (D) of this section (Allowed Limited Duration Uses). 22-106 Construction Yards --On Site. a. On -site contractors' construction yard(s), including temporary storage and office trailers, in conjunction with an approved construction project on the same lot. b. One adult caretaker may be present during nonconstruction hours far security purposes. c. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit. 2. Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Council or authorized by Ttle 5, 3, Personal Property (e.g., Garage and/or Yard) Sales on Private Property, Personal property sales conducted on private property when conducted in compliance with Section 20.48.150 (Personal property sales in residential districts), 4. Special Events. Special events, as that term maybe defined in Section 11,03.020 (General provisions), but only upon the issuance of a special event permit. D. Allowed Limited Duration Uses. The following limited duration uses are allowed, subject to the issuance of a limited term permit, and only when conducted in compliance with subsection (H) of this section (Conditions of Approval). Contractors' Construction Yards —Off Site. Off -site contractors' construction yards), in conjunction with an approved construction project. The permit may be effective for up to twelve t12) months, or the expiration of the building permit. 2. Off -Site Parking for Marine Activities. Off -site parking for uses requiring a marine activities permit in compliance with Chapter ] 7.10 for the duration of the permit or for not more than twelve (12) months, whichever is less. 3. Seasonal Sales, Seasonal sales including holiday boutiques, Halloween pumpkin sales and Christmas tree sale lots only by businesses holding a valid business license; provided, the activity may only be held from October 1 st through October 31 st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 25th for Christmas tree sales. 4. Limited Duration Sales and/or Work Trailers.A trailer or mobile home may be used for limited duration► sales activities (e.g., model home sales, etc.) or as a limited duration work site for 22-107 employees of a business. a. A trailer or mobile home may be used: i. During construction or remodeling of a permanent commercial, industrial, and mixed - use structure, when a valid building permit is in force; or ii. Upon demonstration by the applicant that the limited duration work site is a necessity, while a permanent work site is being obtained. b. A permit for limited duration trailer(s) maybe granted for up to twelve (12) months and may be extended for a longer period in conjunction with a valid building permit. 5. Limited Duration Structures. A limited duration classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved fora maximum time period of twelve (12) months in the commercial, industrial, and mixed -use zoning districts. 6. Limited Duration Use of a Vacant Lot. The limited duration use of a vacant Iot with nonpermanent structural improvements, for a use typicaliyaIlowed subject to the approval of a conditional use permit or minor use permit, may be approved for a maximum time period of twelve (12) months in the commercial, industrial, and mixed -use zoning districts. 7. Other Similar Limited ❑uration Uses. Similar limited duration uses that, in the opinion of the ❑irector, are compatible with the s ubje ct zo ni ng district and surrounding uses. 8. Telecommunications Facilities. A temporarytelecommunications facility maybe approved consistent with Chapter 20.49 for up to twelve (12) months. Extensions of time shall be consistent with Section 20.52.040(J ). E. Application Filing, Processing, and Review. Filing, An application for a limited term permit shall be filed with the Department in the following manner: a. Application Required. Applications for a limited term permit shall be filed and processed in compliance with Chapter 20.50 (PermitApplication Filing and Processing). b. Application Before Operation, A complete application shall be filed with the Department at least thirty (39) days before the date that the proposed limited duration use is scheduled to take place 22-108 c. No 5imilarActivities for Thirty (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- d. Not within One Hundred Eighty (180) Days. Applications shall not i)e filea or accepted if final action has been taken within the previous one hundred eighty (180) days by the Zoning Administrator to deny an application for the same or substantially the same permit. 2. Contents. The application shall include all of the information and materials specified by the ❑irector, together with the required fee in compliance with the City's fee schedule adopted by resolution. 3. Evidence. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection (G) of this section (Findings and Decision). 4. Project Review Procedures. Following receipt of a completed application, the Director shall review the facts bearing on the case to provide the information necessary for action consistent with the purpose of this section. 5. Public Hearing Requirements. a. Up to Ninety (90) Days. i. A public hearing shall not be required for a limited term permit application for a limited duration use that is proposed to operate for up to ninety (90) days. ii. However, the Director may, based ❑n the specifics of the case, determine that a public Dearing be required before a decision on an application. If required, the notice shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). b. Ninety (90) Days or More. L A public hearing shall be required for a limited term permit application for a limited duration use that is proposed to operate for ninety (90) days or more. ii. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings). F. RevieW Authority. 22-109 1. Limited term permits maybe approved, conditionally approved, or denied by the Zoning Administrator, in compliance with this section. 2. The Zoning Administrator- may instead refer the application for a limited term permit to the Commission for consideration and final action when, in the Zoning Administrators judgment, there may be public interest, controversy, or issues requiring a public forum due to the nature of the request. 3. if referred to the Commission, the Commission shall conduct a public hearing on the application. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 26.62 (Public Hearings). G. Findings and Decision. The Zoning Administrator (or the Commission on a referral or appeal) may approve or conditionally approve a limited term permit application. only after first finding all of the following: 1. The operation of the requested limited duration use at the location proposep 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; 2. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot; 3. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate; 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on -site or at alternate locations acceptable to the Zoning Administrator; and 5. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, this Code, and other City regulations. H. Conditions of Approval. In approving a limited term permit application, the review authority may impose conditions that are deemed necessary to ensure that the permit would be in fult compliance with 22-110 the findings required by subsection (G) of this section (Findings and Decision). These conditions may address any pertinent factors affecting the operation of the limited duration use, and may include the following. -1 . Fixed Period of Time. Unless otherwise statea in the permit, a provision for a fixed period of time not to exceed thirty (36) days for a limited duration use not occupying a structure, including promotional activities, or twelve (12) months for all other limited duration uses or structures, or for a shorter period of time as requested by the applicant and determined appropriate by the Zoning Administrator; 2. Operating Hours and Days. Regulation of operating hours and days; 3. Temporary Pedestrian and Vehicular Circulation. Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable; 4. Regulation of Nuisance Factors. Regulation of nuisance factors including prevention of glare or direct illumination on adjacent tots, dirt, dust, erosion, gases, heat, noise, odors, smoke, soil contamination, trash, and vibration; 5. Regulation of Temporary Structures. Regulation of temporary structures and facilities, including placement., height and size, location of equipment and open spaces, including buffer areas and other yards; 6. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate; 7. Waste Collection, Recycling, and/or Disposal_ Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal; 6. Police/Security and Safety Measures. Provision for police/security and safety measures, as appropriate; g. Signs. Regulation of signs in compliance with Chapter 20.42 (Sign Standards); 10. Performance Bond or Other Security. Submission of a performance bond or other security measures, satisfactory to the ❑irector, to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the cessation of the use and that the property would be restored to its former condition, or better. as determined by the Director, to 22-111 ensure that any changes to the site would not li m i t the range of possible future uses otherwise allowed by this Zoning Code; 11. Compliance With Applicable Provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of this Code and the successful granting of ail required permits from any other department or goveming agency; and 12. Other Conditions. Other conditions that would ensure the operation of the limited duration use in an orderly and efficient manner, and in full compliance with the purpose of this section. I. Condition of Site Following Limited Duration Use. Each site occupied by a limited duration use shall be cleaned of debris, litter, or any other evidence of the limited duration use upon completion or removal of the use, and shall continue to be used in compliance with this Zoning Code. J. Extension of Limited Term Permit, The Zoning Administrator may extend the time limit for the limited term permit, upon request of the applicant and for good cause shown, up to a maximum time equal to the original approval, but not to exceed twelve (12) additional months, with a maximum of twenty-four (24) months total, in compliance with Section 20.54.060 (Time Limits and Extensions). K. Post -Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Cade Administration) shall applyfollowing the decision on a limited term permit application. (Ord. 2023-22 § 928, 2023; Ord. 2014-1 § 11, 2014; Ord. 2010-21 § 1 (Exh. A)(part), 2010) 22-112 Exhibit B 22-113 CITY Of NEWPORT REACH REVENUE DIVISION 100 CIVIC CENTER • P.0 BOX 1769 ■ NEWPORT BEACH, CA 92658.8915 (949) 644-3141 Rev_entreNelp.@r.ewportbeachca-gov • http:l/www.newportbeachia.gov[Revenue SOUN❑ AMPLIFYING EQUIPMENT PERMIT APPLICATION NON-REFUNDABLE $75.00 application fee due upon submittal. Make check payable to City of Newport Beach. Name. Home Address: City; Business Address (if applicable): City: Telephone No.: ( T Email: Applying for use of, Sound Amplifying Equipment ❑ Sound Truck Purpose for which the equipment will be used: Event pate(s) State: ,Zip: State: Zip. Hours of Operation. Ini Permits will not be approved for times between &00 p.m. and 8:00 a.m.; Beach front locations will also not be approved If applying for use of sound amplifying equipment: Equipment Operator. Operator Address: City: Description of equipment to be used: Address or location where the equipment will be used: If applying for use of a sound truck: Sound Truck Operator: ❑perator Address. Legal and Registered ❑wner(s). Year: Make: Section(s) of City where the equipment will be used: Model; State. Zip: License Plate No.. Sean] xm7 r, us Am E67211fi iI"L3 22-114 Maximum sound producing power Wattage - Volume (in decibels): Approximate maximum distance sound will be projected from equipment: (NBMC Section 10,32.060 {p}: The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred (100) Feet) Do you have a Use Permit? Yes ❑ No Use Permit Number: Does your Use Permit regulate the type~ of activity this permit allows? Yes ® No i hereby certify, under penalty of perjury, that t am authorized to make this statement and the information provided on this app{ication is true and correct, Applicant's Signature; Date: ** The application fee is NON-REFUNDABLE. Allow 10 --14 Business days for processing. CITY OF NEWPORT BEACH MUNICIPAL CODE CHAPTER 10.32: SOUND -AMPLIFYING EQUIPMENT 10.32.060 Regulations for Use. The use of sound -amplifying equipment and sound trucks in the City shall be subject to the following regulations: A, The only sounds permitted are music and human speech- B. Sound shall not be emitted within one hundred (100) yards of hospitals, churches, and the City Hall, C, The human speech and music amplified shall not be profane, lewd or slanderous. D. The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred (100) feet from the sound -amplifying equipment or sound truck, and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the range of allowed audibility. E. The sound amplifying equipment or sound truck shall not be used between the hours of eight p.m. and eight a.m. (Ord. 95-38 § 4 (part), 1995) 10.32.090 Exceptions. The provisions of this chapter shall not apply to the use of sound trucks or sound -amplifying equipment in conducting the following activities: A. Any activity conducted on public property, or on private property with the consent of the owner, by any public entity, or its officers, employees, representatives, agents, subcontractors, permittees, licensees, or lessees, which is consistent with, and in furtherance of, the governmental functions or services the public entity is authorized, or responsible, to perform. Activities which are exempt from the provisions of this chapter include, without limitation, sporting and recreational activities which are sponsored or co -sponsored by the City of Newport Beach or the Newport Mesa Unified School District; B. Activities conducted on property of churches or private clubs where the sound is confined within the boundaries of such property; C. Licensed sightseeing or excursion vessels operating on the waters of Newport Harbor; D, Activities conducted within the boundaries of City -licensed amusement centers where the sound is confined within the boundaries of such amusement centers; E, Activities regulated by a use permit or other land use control under the provisions of Title 20, planning and zoning; F_ Activities regulated by a special events permit under the provisions of Chapter 5.10, special events. (Ord. 95-38 § 4 (part), 1995) Sound Amp gq„p App i0__•06 FIHA41 22-115 Exhibit C 22-116 .=�A_9r.� :r• C{ R �;1'0.1' � �f "i: •T . - i . i i '] Y j /`'� rr pp T —'�-••{"i•";'1•?:�a'�C..t"• - _ l.'-J'. _."rT Y?:: .P':`i�?YF .L�I::I:'Y.•}J.i.7.w.i l•';'..' RESOLUTION NO. 9 ()ti 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERX TO EXECUTE AN OFF -SITE PARKING AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE FIVE CROWNS RESTAURANT, NEWPORT BEACH WHEREAS, there has been presented.to the City Council of the City of Newport Beach an off -site parking.agreement between the City of Newport 'Beach and The Five Crowns Restaurant, Newport Beach; and WHEREAS, the City Council has reviewed the terms and conditions of said agreement and finds them.to be satisfactory and that it would be in the best interest of the City to authorize the Mayor and City Clerk to execute'said agreement; NOW, THEREFORE, HE IT RESOLVED by the City -Council of the City of Newport Beach that said agreement above described is approved. and the Mayor and City Clerk are herebyauthorized and'directed to execute the same on behalf of the City -of Newport Beach, ADOPTED this loth day of March , 1977. Mayor ATTEST: %r r RSG[rv."�p tt`� c4C6i'ALflljy \•' _ ' i�, tlnY� i(»uunt j{Vr City Clerk 01 MAR 17 I977m. clr rr r, Ni='Npo'rr3r lj neti, S CALIF, d' ~ DDO/bc 22-117 0 USE PERMIT APPLICATION CITY OF HEWPORT BEACH Vepartment of Commuhity Development 2nnins and Ordfnance Administration Division 3300 Newport Bois 1 eva rd PhonLl M0 673-2110 Application Rec d by t,1 - fee: $246.00 '1�'E�a7K1U�'T�NT" Cn7a- 137Y Applicant (Print} THE FJVE CROWNS RESTAURANT phove (213) 22 5-2491 Ma i ) i n g Address . 568 Sam Fernando Road, Los Anpeies, Cali iarnia 90065 Property Owner Van -Frank Investments, Inc, Pharle P13)225-2491 Mai I i n g Address - -568 San Fernando Road, Los_AnGreles, California 90D65 Address of Property Involved 3A0_j Edst Coast i�iallwuyyCarona del Mar, Cali,�ornia +�b�S Purpose of Application (describe fully) See )etteroFtQckcj. Zane C-1 and C-1-1i Present Ilse Restaurant Legal Description of Property Involved (if too Tong, attach separate sheet) Lots 1,-2 and 3L Sfoek A of_Ttact AL3 - - �, ..--:___-..-------•-_-•-YY OWNER'S AFFXDAVIT { X) (We) VAN -FRANK INVESTMENTS INC. depose and say that X we are the owners of the property inva ved in ,this application. (W (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.t❑ the best of ()64l `(our) knowledge and belief. + Signature(s) Van-r"r nveslmer•, r ]nc. G a II ICE rCSf En rea3urer NOTE: An agent may sign for the owner if writte authorization from the retard owner Is filed With the application, 40 NOT COMPLETE APPLICATION BELOW rEts LINE Gate Filed`Fee Pd. r ���U Receipt Ho. 19,�� Nearing Date- �r�� � _ _Publication date -- Posting .gate_ ;2-1;?-77 Mail Date -I%.-7�7 P. C. Action- G}th Date'' -Q Icrt G. C. Hear.irfi9 C. C. Action�h Gate L 22-118 CITT OF NEIIVPORT BEAM 12 r MINUTES I (b) Resolution No. 5958 authorizing the Mayor and City Clerk to execute an Amendment to Animal Control Agreement between rho City of Nevpprt Beath and Newport Harbor Animal ii„apital increasing various rates and charges for shelter services. (A report from the City Manager) (c) Removed from the Consent calendar. (d) Removed froth the Consent Calendar. (e) Removed from the Consent Calendar. (f) Revolution No. 9960 authorizing the Mayor and City Clerk to execute a Are -annexation Agree- ment between the City of Newport Beach and Mobil, flit Company. (A report from the City manager) CO-roAMiCATI.ONS - For referral as indicated t [A} To Staff for inclusion in their records, a Resolution of the Local Agency Formation CoaW1,Cion of (3r,3Rge County, California, dated December 10, 1960, approving the proposed annexation designated Oxbow Annexation 088 to the City of Newport Beach. (Attached) (iy] staff for inclusion in their records, a co y ❑f an informal Memorandum of Understand - in. between Southern California Veterinary 14 al Aasociarion and the California Depart - in nt lieslth Services; Los Angeles County Denarrr rot of Health Services; Orpnge County Departme t of Public Health and Medical. Services, regarding assurance of continuation of the Rabies Vaecfnation Cl'lnic Program in Los Ansalea� nd Orange Counties. (Attached) (c} To staff for i elusion in their records, a letter regardin guidelines adopted by the Board Of Direarn for the homeowners in Newport Crest fornstallativn ❑! Stllar heat- ing panels. (Attached) (d) To staff for incluaio in their ongoing study, a letter from Newport est Nnmeowners A-asocia tion regarding West New \(Actached) h Impr❑vemenC Assncintion'a tee❑mmendaor the planning of the extension of Routsta Mesa Freeway). {Attached) (e) To staff for inclusion irecords, Information Bulletin S11Lgarding a model code for the rehshof residen- tial hotels Frown the Dep❑ Housing and Community Development, Dof Codes and Standards, Sacramento. ed) (f) Remvvee .from the Consent Calendar. Volume 35 - Page 9 N �w rt Npt Fehr Anml 11cap . R-9958 (38) Pre-Annx Mobil oil R-9960 (3B) Oxbow Annx LAFCO Rea. C-2229 (3B) Anal Cntrl PD (70) Bldg (25) Costa Mesa Freeway (43) Bldg (26) 22-119 :: y� 7 YL� QF� � N•�W PORT,.,��4�H .... nif BICKI MINUTES 12, 1961 INDD( (g) To staff for reply, a letter from Mr. and Mrs, iitter gwer eHaskell Shapiro regardina _ Hsae1jCHvy dra nags (44) the v�i-r:c y of Aazel 5Ereet"aad:Cunat_ fiigh- (h) Removed from the Consent Calendar. 4. C014HUNICATIONS » For referral to the City Clerk for inclusion in the records: (a) A letter from the Mayor of the City of Norco and Mayor Pro Tem, City of Carona, urging the City of Newport Reach to join with their 1-15 Committee in apposition to the Director of ! CAL.TRANS construction of a 13 mile aBetin99� Freeway substandard to the Federal Highway Administration requirements, (At.tached)/ (b) A ropy of a letter from Hubert W. N¢rey to the Editor of the Newport Enaign regal ing the City's condemn&cion of oil production property - West Newport Oil Wells. (Attached) (c) Copien of articles and a litter to prealdent- eiect Ronald Reagan from fl "King Alfonso" Lizanata regarding Nis ngoing campaign against Seagram Distillery. (d) Excerpt from the Grange County Board oP Super- viaors minutes of/pecember 23, 1980 regarding Newport Shines RedevelopmentlUpper Newport Bny. (Attac}tied] (e) Orange Cow y Board of Supervisors agenda for the meetir s of December 23 and 24, 1900 and .ianuary,6 and 7, 1981. 5. CLAIMS (36) For deal and c8nfirmaCion of the City Clerk's refarffai to the insurance currier: Claim of Richard W. HcKee for alleged property damage to his automobile, sustained on December 13, 1980, from a guard sign posted at 3400 W. Coast Highway. (b) Claim of Hobert and Vanette Ford for property damage sustained on December 13 or 14, 1980 when Fire and Police allegedly broke down the front dour to their duplex, north of 3713 W. Balboa Boulevard. (c) Claim of Michael Grandees For property damage sustained an December 16, 1980, near Newport Pier when a City vehicle allegedly backed into hie automobile. (d) Claim of Clan E. Moncata for personal injuries sustained on November 6, 1980, on Lincoln Jr. High School baseball diamond, due to a fall into an alleged hole while running in the baeepatbe. Volume 35 - Page 1a pkn 22-120 C1�y OF NEWPORT BE H GCUNGft+NFnr MINUTES water outside the City to Pacific Telephone and Telegraph Company. (d) Resolution No. 9368 authorizing the Mayor ends Water City Clerk to execute a contract to nerve R-9366 water outside the City to Orange County (376) Sanitation District. (a) Resolution No. 9369 authorizing -the Mayor and Water City Clerk to execute a contract. to serve R-9369 water outside the City to Armstrong Petroleum (576) Corporation. (f) Resolution No. 9370 authorizing the Mayor and Warer City Clerk tQ execute a eoatract to serve R-937o water outside the City to William L. Pereira (576) Associates. (g} Resolution No. 9371 authorizing the Mayor and orco city Clerk to execute an agreement between Diet Attny the City of Newport Beach and the County of R-9371 for District Attorney Ptosecutiou (1671) eo. (A report from the City Attorney) (h) ftom the Consent Calendar. (1)tion No. 9372 authorizing the Mayor And Library lerk to execute a Grant ❑f Easement \ee R•-9372 the City of Newport Beach and the (2030) r California Edison Company far io easements over a portion ❑f the t Ce ter Branch Library aite, (A from the Pu3,Z.ic Worka FepartmeaC) Q Resolution Noo\9373 authorizing the Mayor and W Cat Hwy City Clerk to ecute a contzuct between the widening City of Newport eh and Clarke Contracting R-9373 Corporation for Coast Highway Improve- (2552) \11C mente from 57rh Set to the Santa Ana River, Contract N1927 (A report from the Public Warka ➢epartm t) (k) Resolution No. 9374 out oriaing the Mayor and Off -Site City Clerk to execute an off -Site Parking Parking Agreement between the Git of Newport Reach UP 1866 and Carina E. Arnett, Beve y Sheedy. and R-9374 Phyllls McCili in connectio UPermit (2985) No. 18b6. (A report from thty Development DcparMent) (I) Resolution No. 9375 authorizayor and Off -Site City Clerk to execute an off-Siteking \Newpt Parking Agreement between the City oBeech Wayne and Pilur Wayne, ir: oonnecrise A-4375 Permit No. 1772 (Amended)- from (2986) the CaTmunity ➢evelopment De (m) Resolution No. 9376 authorizing the Mayor and Off -Site City Clerk to execute an OCf-Site Parking N Perking flgreement between the City of Newparc BeschN Durkee R-9376 (2987) Volume 32 - Page 136 22-121 C T Y OF NEWPOR T 8AACH vQ COUNCILMEN MINUTES shy f a� iP, �n 3,<'� WT A ROLL CALL �tr ��� S s June 12, 1978 INDEX ` and Robert C. Durkee, in connection With Use Permit No. 1862. (A report from the Community Development Department) (n) Resolution Fo. 9377 approving the Orange Bicycle County Safer Off -System Roads Program and the Trails methpd of distribution of funds. (A report R-9377 from the Public Marks Department) (205F) [a) Reaolution Na. 9378 requesting the County of Bicycle orange to allocate Safer off -System Roads Trails -4kagram funds fat the 1976-77 fiscal year. R-9378 � (295F) (p) Resolution No, 9379 requesting the County of Bicycle Qrange�v, allocate Safer Off-Systams Roads Tra115 Program fi'Irs{la for the 1977-78 fiscal year. R-9379 (205F) 3. The following commun7.p�ations Were referred as indicated: (a) To the stuff for reeply."'o letter from Wi111am Variance C. Hardesty requesting Coot�cil clarify their 1067 views to him on the attion t7- eu In can- (2923) nection with variance No. 10671connurning the construction of a dwelling at 11n�Park Avenue, Ealboo Island. (Copies TV's d to Council) (b) To staff for reply, a letter from H. A. City Nall parleys "ggenring glass doors be installed (356) at City Hall in order to elisainate accidentu. (Copies mailed to Council) (c) Removed from the Consent Calendar. —[ Y� (d) To staff for reply, a letter from Norman N. Traffic Tillnex regarding traffic InCerference on Complaints Hazel Drive which has been caused by the Five (1T541T— Crowns Restnur_Ant's new lauding dock for trucks nn the user aide n Hnxe1 Drive. {Cog Lea icailed t0 Council} — ' (e) To staff for inclusion in on -Going Study, a letter From Emma and Robert Newton urging support for the acquiaition of the propane Laguna Greenbelt, and 01BO questiOning,t c wisdom of proceeding with the San��d-anquin Freeway. (Copies mailed t�aOdEcil) (E) To staff far reply_-d'latter from the Orange County Fair Ho"Ing Council regrading tondo^ mtnium conversions. (Copies mailed Co Council) (g) �To`ataff Ear reply, a letter from tho Orange County Department of Housing Ind Community Development regarding Article 34 Information Clearinghouse. (Copies mailed to Council.) (h) To Penning Legislation and procedural Ethics; Oommittce, a request from the City of Avalon for a resolution supporting Assembly Bill Volume 32 - Page 137 City, o'i' '�'Newpuvl,.- E)each (115GF) Condominium Conversions (1970) State Dept Housing S Community Dev (2990) Pending Legislation (1429P) 22-122 HASKELL SHAPIRO (D 187 EVENING CANYON ROAD CORONA OEM MAR, CALIPORNIA 92625 ti CITY CLERK .r January 6, 1980 - JA.N 7 19St ,. CITY OF'� NIVIFORT BEACH, � �� N • r Newport Beach City Council 3304 Newport Blvd. oewport Beach, Ca. 92563 Attn: City Council Members I am writing to you to complain about a situation that has = persisted For more than one year. My repeated attempts to correct the situation by contacting the city General Services Department have had no permanent results, Therefore, I am .>S ealxn a pp g to you for your assistance. The problem is this: At the corner of Hazel and Coast Highway in Corona del Mar, because of the repairing and leveling ' of -Coast Highway, there is a place where water collects. This, by itself, would not be a terrible problem except for the following circumstance, Approximately 30 feet up Hazel there is a drain which drains into the street from the Five Crowns Restaurant. Water and ground up garbage come through this drain daily and settle into a large smelly puddle which ob- structs pedistri.ans who walk along that side of Coast Highway. As one who passes this spat almost on a daily basis, I find that I am crossing Coast Highway in order to avoid this Un- pleasant mess. Surely there is someway to prevent the di.s- charge of this material into the surface street. While the General Services Department did go in and shovel the mud out, this is not a solution. The answer is to keep this garbage -filled water out of the street. Any assistance that you may be able to give will be greatly appreciated by me and other pedistri.ans who live in the neighborhood. very truly yours, /I- q4_ 2 A7..UCf 1.2'l : SHA IRO,. ry,� �y{� Ip' � F.°'sk 'f"''1 h F bs./' f 4..ar3 d.r "r PS.�I f 22-123 COUNCIL6 EN �G 1 ' DLL CALL ti a AY OF NEWPO.RT 8 H MINUTES March 14, 1977 reaolution; and acceptance at an Znvironmezl.-81 Impact Report. (Report fran the Cnascunity Development Department) {b} Praposed Ordinance Na. 171.9. beiag, AN Open Space ORDINANCE OF T14E CITY OF N£WPORT BEACH Districts AMENDING PORTIONS OF DISTRICTING -W NOS. 30, 0-1729 42 AND 67 Tp RECLASSIFY THE nWPORT REACH GCLB COURSE LOCATED NORTH AND SOUTH OF MESA DRIVE AND NORTHERLY AND EASTERLY OF IRVINE AYENl1E FROM THE "U" UNCLASSIPIED DISTRICT TO THE "OS" DPEN SPACE DISTEICT; AND AMENDING DISTRICTING MAP NOS. 48 Ah'D 49 TO RECLASSIFY ng IRVINE COAST COUNTKY CLUn AND ADZACSNT 4 PRQrRRTIES LOCATED NORTH OF COAST HIGHWAY AND kAST OF JAMBOREE HOAR FROM TBE "D" '+lNCLASSI- FTED DISTRICT, "P-C" PLANNED COMKUNITY DISTRICT AND "C-O-H" COMMERCIAL OFFICE UISTRiCq 0 T11E "OS" OPEN SPACE DISTRICT; AND AkIEiYt3ING�AISTRICTING ILk? NUS. 32, 46, 49 AND 50 TO RECLAkSIFY VARIOUS PARCELS LOCATED AD3ACY.NT TO THE ENTRY ROADS LEADING INTO N&wpaRT CENTE'R'Z-40H THE "F-r" PLANNED COM- MUNITY DISTRICT AND 'ME 1TC_0_jV' cokMpCLAL OFFICE DISTRICT TO THE "OS" OPEN SPACE DISTRICT, Planning Ca3aainn Amendment No. 483, initiated by the CIty of Newport Beach. (Report from the Community`1]evelapoent Department) 1 The following ardivance was introduce"nd passed Co second reading ❑n March 28, 1977: (c) Removed from the Consent Calendar. 2. The rollovina resolmtigns were ads cede (a) ResoluCiOn Na. 9023 authorizing the Mayer and\R-9023 City Clerk to execute are off-atte parking agreament between the City and Voyagers Yacht G1ul+. (Report from the Cu=unity Development department) (b) Resoluti.oz no. 9024 authorizing the 8[ayar and Off -site City Clerk to exetu_te�an off-9ite par'ic n8 Parking agreement between the City -of TSewpnr` Eesth 5 Crowns and t!4 Five Crawa6 Rev taurant,,Newpart Restaurant Beach. (Report from the Community Development R-9024 Department) ;c) Resolution NO. 9025 authorizing the Mayor and I City Clerk to execute a Grant of Easement to Terrace Southern California Edison CQmVany F�Pabi`ic Park utilities eagement in It Inn. 'Vetxacb Park. R--9025 (Report from the Public Works -director) {d) Resolution r.'.a.- 96P6 approving a parcel map and Resuh 326 asceotine offer of dedication of corner B-9026 cutoff rtt V1.11a Way and Both Street in connecctan with Resubdiv.ision No. 526- (Report from the Public Works Director) (e) Resolution No. 9027 authorizing the Mayor and Street City Clerk Co execute an agreement beti-reen Lighting the City of Newport Beach and the Southern R 9027 _ V lurue 31 'p$ e"ko I .Y i`d'!I A 22-124 COY OF NEWPORT BEW" COUNCILMEN ��C r�i p �J` ■ �'L fiA CALL 1 MINUTES Harch 14, 1977 California Edison Company for street lighting services. (Report from the Public Works Director) (f) Resolution No. 9028 awarding a contract to C.T.&r„ Inc. for traffic signal at Balboa Boulevard and Main Street, Contract No. 1895. (Report From the Public Works Department) (g) Resolution No. 9029 supporting Assembly Constitutional Amendment No. 13. (Request letter From the City of Lomita) (h) Removed from Lhe Consent Calendar. (i) Resolution No. 9030 adopting the Director of the Department of Industrial Relations determination of the prevailing wage rates for ❑range County. (Report from the City Clerk) 3. The allowing communications were referred as indi� ted: (;a) To raft fur reply, a letter from Amy Small - woo requesting two parks or a surrounding green ult far Corona del Mar. (Copies mailed to Cou il) (b) To staff •or reply, a letter from Mark Stewart re uesting information on the plans for the bae bay. (Copies mailed to Council) (c) To staff for r ly, a letter from Mrs. Doris Sunderland rega ing San-laaquin Hills Road extension a& a by ass road through Laguna, and questioning th need for the. 5th Avenue by-pass ns well. ( pies mailed to Council) {d) To stuff far reply, a tier from Tammy Farris regarding parking regulations on the streets in the Bluffs are, in vies: of the fact that there isn't any 6 est parking on Vescanso. (Copies mailed to Council) (c) To staff rot reply, letters f\Rlulssall Griffith and '['I,omis it, Fox remal control violations and suggedt- =oances. (Cor'es mrtiled to C(f) To Pending togislation and L•tee, u letter to Mayor Ilostal Frof Huntington Beach regarding the California Inventory Tax being a deterrent to the establiahme.at of foreign industries in California citiea and requesting support for Its elimination. (Exhibit) (g) To ttic Planning Commission. a letter from Stewart C. Woodard regarding a letter to Council from L:3re and Lucie , jounge dated February 22, 1977 regarding the proposal to buy the throe additional Iota in canneotioo with Inspiration Point and his hope that he will be allowed to build his home. (Exhibit with copy of draft_ letter from Lars de Joung presented to the Modifications Committee) Traffic Signal Balboa/Hain R-9028 Assembly Amend 13 R-9029 pub Wks Contract Wage Scales R-9030 Fark & View Sites ripper Newport Bay Transperta- rion flan Parking Animal Control California inventory Tax Inspiration point Lots 22-125 �ti'Gi " r�^��,i.G'S,k�"hc�`°-it�:�5'L ri n::_ '.i: - - ::2:: i � -,:�'- -':-1.,aK�r.•r•..-'aryr,r.S2i?.cir�w:::d�•w�':•? - w::f - °j:�--`�:a ;,r. - _ �4i _ _ _ w3r,� .n�a 4.;�: S::. a;'r�.,-fit u:?: s•:i - City„Council Mee Ing March 14, 1977 Agenda Item No. H-F b CITY OF NEWPORT REACH March 10, 1977 T0: City Council FROM: Department of Community Development SUBJECT: Request for an Off -Site ParkingA4reement in conjunction with the remodeling of the Five Crowds. Restaurant, located at 3801 East Coast Highway, on the south- easterly corner of East Coast Highway and Poppy Avenue in Corona del Mar. LOCATION: Lots 1. 2 and 3, Block A, Tract 673 (Restaurant site) Lots 2, 3, 4 and 5. Block 88,and Lot 1, Block 343, Tract 323, and a portion of an abandoned street (Off -site Parking lot). ZONE, C-1 APPLICANT: The Five Crowns Restaurant, Newport Beach OWNER: Van -Frank Investments, Inc., Los Angeles Application This application reques.ts approval of an off -Site parking agreement.in con,iunction.with the remodeling of the Five Crowns Restaurant. In accordance with Section 20.30.035(o) of the Newport Beach Municipal Code, the Planning Commission shall not recommend and the City Council - shall not approve off-street parking an a separate lot from the build- ing site or sites unless: (a) Such lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (b) Parking ❑n such lot will nat create undue traffic hazards in the surrounding area. (c) Such lot and the building site are in the same owner- ship,.or the owners of the building sites have a common ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off -site lot must he owner- ship in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building Site or sites). (d) The owner or owners and the City, upon the approval of the City Council, execute a written instrument or instruments, approved as to form and content by. the City Attorney, providing for the maintenance of the required off-street parking on such lot for .the duration of the proposed use or uses on the building site or sites. Should a change in use or additional use be proposed, the off-street parking regulations applicable at the time shall apply. Such instruments shall be recorded in ti,e office of the County Recorder and copies thereof filed with the Department of Com- munity Development. 22-126 TO, Cituncil 2 Y - SuQaested Action if desired, adopt Resolution No. , authariz%g the -exe- cution of an off -site parking agreement between the. City of Newport Beach and the Five Crowns Restaurant, Newport Beach. Planning Commission Recommendation At its meeting of March 3, 7977, the Planning Commission voted (6 Ayes, 1 Absent) to make the following findings and to approve.Use Permit No. 1822 of Five Crowns Restaurant, subject to the following condi- ti ons : A. FINDINGS: 1. That the proposed use is consistent with the land Use Element of the General Plan and is compatible with surrounding land uses, 2.- The .project will not have any significant environ- mental impact. 3, The Police Department has indicated that they do not contemplate any problems. 4. The existing work, washout, and storage areas are inadequate for the needs of .the restaurant facility. -The proposed development will greatly improve the restaurant operations, including the access of delivery and trash trucks to and from the site. S. A waiver of a portion of the required off-street parking spaces is justifiable, since no additional seats or "net public area" are proposed in the restaurant complex. 6. The existing off-street parking spaces for the restaurant use on a separate lot from the building site are justifiable for the following reasons: The subject parking lot is directly across Poppy Avenue from the restaurant site. b. The existing development does not create undue traffic hazards in the surrounding area. c. The site is owned by the property owner of the restaurant property and will be main- tained as an off-street parking lot for the duration of the restaurant use an the adjoining property. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, he detri- mental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detri- mental or injurious to property and improvements in the neighborhood or the general welfare of the City,and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. S. The approval of Use Permit No. 1822 wi7l. rat, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neigh- borhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. _ f N '�) _' 22-127 cd . _:�nr-- u, ,ui c. trry �71y :4 •.;��.. _ - �r}.. j �+,v. �iI:L�7- +�s��3'• �. r TO: City Council - 3. 8, CONDITIONS: I. That development shall be in substantial conform- ante with the approved plot plan,.floor plans, and elevations. 2, That all mechanical equipment and trash areas shall be screened from adjoining properties and from adjoining streets. 3. That an Off -site parking agreement shall be apprpved' by the City Council, guaranteeing;that a minimum of eighty-seven (87) parking spaces shall be maintained at the southwesterly corner of East Coast Highway and Poppy Avenue for the duration of the restaurant use on the adjoining property and that the remaining requirement of thirty-three (33) spaces he waived. 4. That valet parking personnel shall be maintained on the off -site parking lot at all times during the hours of operation of the restaurant facility. S. That a washotit area for trash containers shall be provided in such a manner as to allow direct drainage into the sewer system and not into the storm drains. 6. That there shall be no increase in the "net public area" of the restaurant facility in conjunction with the proposed development, 7. That a parcel map be filed. 8. That all improvements be constructed as required by Ordinance and the Public Works Department. 9. That no building permits be issued for structures within the abandoned alley area until vacation and abandonment proceedings can he completed for all or a portion of the public utility easement ' which was reserved when the alley was vacated -and abandoned. 10. That the portion of the existing driveway approach' not being used be closed up. ]I. That the new driveway approach beconstructed as shown on the site plan. 72. That a71 w37r-k in the public right-of-way be done under an encroachment permit obtained from the Public Works Department. 13. That the "heaved" sidewalk along East Coast Highway and Poppy Avenue be replaced. . 14. That the valet service shall not use the driveway apron in front of the "cottage," which.adjOihs the restaurant site to the south, for restaurant parking. Background Building records indicate that a restaurant use has existed on the site for over twenty years. No parking spaces were required by Code.for the commercial use on the property at that time. Other building permits were issued for additions and alterations to therestaurant facility during the 1950's and 1960`s prior to .the requirement of off-street parking spaces or the necessity of securing a use permit. The Five Crowns Restaurant facility with on -sale alcoholic beverages and a piano bar, has been in operation on the site since 1955. o $!�? Ut� 22-128 T0: City ouncil - 4. The applicant now proposes to remodel and enlarge the kitchen and storage areas of the Five Crowns Restaurant complex. The proposed two-story addition will be located to the rear of the .existing facility. The proposed construction will have a maximain building height of twenty feet x (i.e., measured to the average height of a pitched roof), and twenty-four feet ± (i.e., measured to the top of the subject pitched roof). The first floor Consists of an expanded kitchen with walk—in freezer and refrigerated areas, a dry storage room. a small office, and a linen closet. A wine and liquor storage room is proposed to be constructed on the second floor, adjacent to the existing manager's office and a storage room. Approximately 2,200 sq.ft_ of additional space is proposed in conjunction with the proposed development, nacre of which will add to the restaurant's parking needs nor to the restaurant's Code parking requirements. The existing restaurant facility has an occupant load of 152 persons. accgrding to the Fire Department. Fifty-one (51) off-street parking spaces would helve been required for the restaurant use if the restau- rant had been constructed between 1969 and 1975 when the Ordinance required one parking space for each three occupants. One hundred and twenty (120) parking spaces would be required if the restaurant use were built under present restaurant parking standards of one parking space for each forty square feet of "net public area" (4,800 sq.ft.±, including a 348 sq.ft.} outdoor patio). The parking standards could also vary under current parking requirements from 96 spaces (i.e., one parking space for each fifty square feet of "net public area") to 760 parking spaces (ie.e, one parking space far each 30 sq.ft, of "net public area"). The property on the southwesterly corner of East Coast Highway and Poppy Avenue is under the same ownership as the restaurant site, and has been utilized as an off-site.parking lot for many years, plans submitted by the applicant indicate that the subject valet parking lot has an area for 87 parked automobiles. No formal off -site parking agreement exists between the property owner and the City regarding the use of this off -site parking lot, and it -is for this lot that an off - site parking agreement is required. In addition to the spaces noted above, the applicant has been using twenty spaces behind the commercial development at the northeast corner of East Coast highway and Poppy Avenue on an informal basis. The Planning Commission has not required an off -site parking agreement for the use of this lot. Attached for the City Council's information and review is a copy of the Planning Commission staff report and an excerpt from the minutes of the Planning Commission meeting of Aaron 3, 1977, which contain a complete description and analysis of the applicant's proposal. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOBAN, Director Sy, A S D. NEWICK R Ass stant Director Planning JDHjkk Attachments for City Council Only; 1) Vicinity Map 2) Planning Commission staff report daied.2J25/.777WI th attachments 3) Excerpt from minutes of Planning Commission meeting of 3/3/77 G t Y f N ew or, aic i 22-129 �j � , • �x+sTrN� I -SI FE rr KING. 7 f ` _SUWSILT IL1TY ;,, ;4 fir► } y¢e ❑ISTRICTING MAP NEWACRT BEACH --- CALIFORNIA �.niYUunlL .L4��LILfL -W ng lL'TpiMT11l sML( i.WL1 wS9 ;`l @41-1 LJCw1 Odf-CFC-44L :lRb YLIL11pu A-<Y ■[ERrYRILI ..ML1fAC}LiLM 0d7 sd Ylf cml-W Wflio3 Lw[1.1SLLnYO yK r.L1wMAP 110. 0 1�, rr.ta .� rr., US I- r6WM lT .NO. 1822ch 22-130 Planning Commission Neetiny March 3, 197 Item No_ 10 CITY OF NEWPORT BEACH February P5, 1977 TO:. Planning Commission FROM: Department of Community Development SUBJECT: Use Permit No. 1822 Public hearin Request t❑ remodel and enlarge the existing kitchen, storage and supply areas of the Five Crowns Restaurant facility in the C-1 District, and to waive a portion of the required offstreet parking spaces, The proposed development also includes the construction of a roofed trash enclosure that encroaches to the rear property line (where the Ordinance requires a 5 foot rear yard setback when the rear ❑f a C-1 lot abuts on a Residen- tial District). LOCATION: Lots 1, 2, and 3, Block A of Tract 673, located at 3801 East coast Highway on the snutheasterly corner of East Coast Highway and Poppy Avenue in Corona del Mar, ZONE: C-1 and C-1-H APPLICANT: The Five Crowns Restaurant, Newport Beach OWNER: Van -Frank Investments, Inc., Los Angeles Apelication This application requests approval of a use permit .to remodel and enlarge the existing kitchen, storage and supply areas .of the Five Crowns Restaurant complex, and to waive a portion of .the required parking spaces_ In accordance with Section 20.35.020 of the Newport Beach Municipal'Code, restaurants shall be permitted in the C-1 District, subject to the securing of a use permit in each case. Furthermore, Section 20.30.030, B., 3, of the Munlicipal Code provides that whenever a nonconforming building or use is enlarged by mare than 10 percent of its original gross area in any one year period, the property ❑n which it is located shall be made t❑ comply with current parking requirements unless a waiver or reduction ❑f said requirement is authorized by use permit. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code. This application also requires a setback modification for a proposed roofed trash enclosure that encroaches to the rear property line where the Ordinance requires a 5 foot rear yard -setback when the rear ❑f a C-1 lot abuts an a residential district. Modification procedures are contained in Chapter 20.81 of the Municipal Code. Environmental Sivnificance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the requirement of the California Environmental Qualities Act. Conformance with General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" and "Administrative, Professional and Financial Commercial" uses, The restaurant facility falls within the permitted uses. The area is also designated -for a Specific Area Plan. Subject Property and Surrounding Land Use The five Crayons Restaurant complex is located on the site. To the northeast, across East Coast Highway, are mixed commercial uses; to the east, across. Hazel Drive, is Sam's Seafood Restaurant; to the southwest, are single family dwellings-;. and to Zil-e=w s.t;,_ across Poppy Item No. 10 22-131 - .. - _ - - S' '":.:�',.`�'`i:?:: :;'-'. �..-..:•i ;+F..: �ti-•;�: -fir �=�� �17 TO: Planning Commission - 2. Avenue, is. an Dffsite parking lot for the subject restaurant facility and single family dwellings. At its meeting of .Tune 17, 1976, the Planning Commission approved Resubdivi5ion No. 523 to establish one building site and eliminate interior lot lines where three lots and an abandoned alley exist so as to permit the propDsad construction as the property. flow ever, a Parcel Map has not yet been filed by the applicant. The proposed expansion of the Five Crowns Restaurant was discussed at great length at the public hearing for Resubdivision Wo. 523 (see attached excerpt of the Planning Commission minutes dated June 17, 1976). The Director of Community Development advised that due to the fait that the existing building Was being expanded in excess of 10 percent of its original grass area, the Planning Commission should determine and instruct the applicant as to which of the following would be the determining factor or procedure to follow in connection with required parking: A determination be made by the Commission that the gross area of the building was that area being used for: dining purposes only and consequently the parking would not be affected. 2. That the restaurant should meet its entire needs for parking biased an the range of 1 space per 30 square feet to i space per 50 square feet of net public area as required by the current restaurant parking standards. That the applicant file for a use permit and request a waiver of any additional parking which may be required based on the fact that there would be no enlargement of the dining area. The Commission determined that since the proposed square footage would be increased by more than 10 percent of the existing building area, a use permit would have to be approved prior to the issuance of any building permits. Analysis Building retards indicate that a restaurant use has -existed on the site for over twenty years. No parking spaces were required by Code for the commercial use on the property at that time. Other building permits were issued for additions and alterations to the restaurant facility during the 1950's and 1960's prior to the requirement of offstreet parking spaces or the necessity of securing a use permit. The Five Crowns Restaurant facility with on -sale alcoholic beverages and a piano bar, has been in operation on the site since 1965. The applicant has submitted details of the restaurant operation which de attached for Commission review, The applicant now proposes to remodel and enlarge the kitchen and storage areas of the five Crowns Restaurant complex in accordance with the attached plat plan, floor plans and elevations. The proposed two story addition will be located to the rear of the existing facility. The proposed construction will have a maximum building height of 20 feet a (i.e. measured to the average height of a pitched roof) and 24 feet ± (i.e. measured to the top of the subject pitched roof). The first floor consists of an expanded kitchen with wall: -in freezer and refrigerated areas, a dry storage room, a small office, and a linen closet. A wine and liquor storage roam is proposed to be Constructed on the second floor, adjacent to the existing manager's office and a storage room. Approximately 2,200 square feet of additional space is proposed in conjunction -with the proposed develop- ment. Pro used Trash Area An exterior trash yard is proposed to the south of the building addition, adjacent to the rear property line. The proposed trash yard will be enclosed by a solid gate and walls, which are permitted Unt, .�' in 22-132 Tq: Planning Commission - 3. by Code. However, the applicant is requesting a modification permit so as to roof over the entire trash area. The proposed roofed trash enclosure encroaches to the rear property line. where the Ordinance requires a 5 foot rear yard setback when the rear of a C-i lot abuts on an R-1 lot. Staff has no objections to the proposed roofed structure to encroach to the rear property line in this particular case, since the proposed development will screen unsightly trash from the adjoining residential property which is under the same ownership. Access to Proposed Service Yard and Trash Area _ The original plans of the proposed development provided inadequate maneuverability for delivery and trash trucks into the service area at the rear of the site. The applicant therefore faired Berman Kimmel and Associates, traffic engineering consultants, to conduct an analysis of truck turning capabilities in conjunction with the proposed service entrance on Poppy Avenue. The attached drawings of the traffic engineering consultants relating to the truck turn traffic analysis are acceptable to the City Traffic Engineer_ The applicant's plans were subsequently modified to accommodate the dimensions of the turn paths shown on the attached exhibits and the recommendation contained in Mr. Kimmel's letter to William K. Nutchason dated November 19, 1976 (see attached letter). Offstreet Parking Requirements The exist9ng restaurant facility has an occupant load of 152 persons, according to the Fire Department. Fffty-one (51) ❑ffstreet parking spaces would have been required for the restaurant use if the restaurant had been constructed between: 1969 and 1975 when 'the Ordinance required one parking space for each 3 occupants. One hundred and twenty (120) parking spaces would be required if the restaurant use were built under present restaurant parking standards of one parking space for each 40 square feet. of "net public area" (4,800 sq. ft. ±, including a 348 sq. ft. ± outdoor patio). The parking standards could also vary under current parking requirements from 96 spaces (f.e. one parking space for each 50 square feet of "net public area") to 160 parking spaces (i.e. one parking space for each 30 sq. ft. of "net public area"). Existing Offsite Parking Lot The property on the southwesterly corner of Cast Coast Highway and Poppy Avenue is under the same ownership as the restaurant site, and has been utilized as an offsits parking lot for many.years. The attached plot plan indicates that the subject valet parking Tot has an area for 87 parked automobiles. No formal offsite parking agreement exists between the property owner and the City regarding the offsite parking lot. Staff therefore suggests that an offsite parking agreement be required in conjunction with the proposed develop- ment to guarantee that the parking spaces will be maintained for the duration of the restaurant use on the adjoining property. in addition to the spaces noted above, the applicant has been using 20 spaces behind the commercial development at the northeast corner of East Coast Highway and Poppy Avenue on an informal basis. Waiver of Parking Requi remen is A waiver of the remaining 33 required parking spaces (i.e. 12D spaces - 67 spaces - 33 spaces) is being requested by the applicant in conjunction with the proposed expansion of the Five Crowns Restaurant complex. Staff is of the opinion that the applicant's request is justifiable in this particular case. since no additional seats or "net public area" are proposed. Specific Findings and Recommendation Section 20.80.060 of the Newport Beach Municipal -Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of .the use or build- ing applied for will not, under the circumstances of the particular 22-133 IV TO: planning Commission 4. case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighbor- hood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the Ci ty. Staff. recommends approval of Use. Permit No. 1822 and suggests that the Planning Commission make the following findings in conjunctlon with the applicant's request: 1. That the proposed use is consistent with the land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. .4. The existing work, washout, and storage areas are inadequate for the needs of the restaurant facility. The proposed development will greatly improve the restaurant operations, including the access of delivery and trash trucks to and from the site. 5. A waiver of a portion of the required offstreet parking spaces is justifiable, since no additional seats or "net public area" are•proposed in the restaurant complex. 6. The existing offstreet parking spaces for the restaurant use on a separate lot from the building site are justifiable for the following reasons: a. The subject parking lot is directly across Poppy Avenue from the restaurant site. b. The existing development does not create undue traffic hazards in the surrounding area, c. The site is owned by the property owner of the restaurant property and will be maintained as an offstreet parking lot for the duration of the restaurant use on the adjoining property. 7. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace., comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. 8. The approval of Use Permit No. 1822 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare. of persons residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborbood or the general welfare of the City. Approval of Use Permit No. 1B22 is recommended, subject to the follow- ing conditions: 1. _That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all mechanical equipment and trash areas shall he screened from adjoining properties and from adjoining Streets 22-134 `+�'1� ;:7,i�,r�;:'3.Ha� ��; � - - ': �. .! • �Yt�;i r'vs`-'��._.... 4 y�[ ¢.;j°3r,�" �S;�ir":? �:3��:'� �":t�e- rfC•:.S : v.. _ .fie T0: Planning Commission 5. 3. That. an offsite parking agreemant shall be approved by the City Council, guaranteeing that a minimum of. 87 parking spaces shall be maintained at -the southwesterly corner of East Coast Highway and Poppy Avenue for the duration•of the restaurant use on the adjoining property. R. That valet parking personnel shall be maintained on the off - site parking lot at all times during the: hours of operation of the restaurant facility. 5. That a.washout area for trash containers. shall, be provided in. such a manner as to allow direct drainage Ihto.the sewer system and not into the storm drains. 6. That there shall be no increase in the "net public areal° of the restaurant facility in conjunction with the, proposed development. 7. That a parcel map be filed. (Note; The Planning Commission approved Resubdivisioa No. 523 for this facility on June 17, I976, but a parcel map has not been filed toydate.) 8. That all improvements be constructed as required by Ordinance and the Public Works. Department. 9. That no building permits be issued for structures within the abandoned alley area until vacation:'and' abandonment. proceedings can be completed for all 'or a.portion of the public utility easement which ►ras reserved when the alley was vacated and abandoned. 10. That the portion of the existing driveway approach not being used be closed up. .11 That the new driveway approach be constructed as shown on the site plan. 12.. That all work in the public right-of-way. be done under an encroachment permit obtained from the Publ-ic Works.4epart- Mont. -13. That the "heaved" sidewalk along East Coast -Highway and Poppy. Avenue be replaced: DEPARTMENT OF COMMUNJTY DEVELOPMENT R. V.. ROGAN, DIRECTOR - By W! ]'I i ant R. i-aycock Senior Planner WRLIsh -Attachments. Vicinity Map Excerpt of Planning Commission Minutes. dated 6I171.76 Letters front the applicant (2) Information.from Hermaq Kimmel and Associates. dated 111T9176 (3 pages) Plot Plan, Floor Plans, Elevations 22-135 COM1415SIGN ERs Lti fi � xfi Y .mCM • � nPm� 7s x a 4 .alt CALL x ntian •:des R X txx ffXX 'CITY OF N EWPORT - BEACH MINUTES June 17, 1976 Hotion was -made --that Planning Commiss.Ion approve nest for the flag. pole, subject to the follawin ions: 1. That development be in.su 'al conformance with the plans 'as submitted'. Item #2 Request: to establish one bui-lding'site and elimi- pate interior Iat Lines where three lots and an. abandoned alley now exist 50 as to permit -the construction of additional storage..and kitchen space for the Five crowns Restaurant. RESUB-' DIV SIOP . APPROVE! G ND - Location: Lots 1, P, and.3-, Stock -.A of Tract 6i3, located at 3801.East Coast Highway on the southeast corner of Fast Coast Highway and Poppy Street LL.' " in Corona del liar. Zone. C-1- and C-•1-14 Applicant: icant: George A. Stephenson, Santa Ana Dwner: Van -Frank Investments$ Inc., Los Angeles Copies of two letters were.distributed•to the Commissl6n'which were. received subsequent to the staff report.. Community Development Director.H.ogan advised that although there mere no problems. with'the resub- division and approval was recommended by the staff there were concerns in connection with'the.pro- posed redevelopment an-d interpretation of the Code relative to offstreet parking. He reviewed the proposed redevelopment and advised that due to -the. fact that the building was being expanded in excess of i0%, the Planning Commission should. determine and instructthe applicant as to which of the following would be the determining 'Factor or procedure to follow in connection with required parking: 1. A determination be made by the Commission that the gross•area of the building was that area being used for dining purposes only -and con--l. sequently•the-.parking would not be affected. Page 2. 22-136 �annneissia+v�Rs n fi p m CITY OF N EWPORT BEACH x N June 17, 1976 MINUTES 1NnEX 2. That the restaurant should meet its entire needs far parking based on the range of 1 spar per 34 square feet to 1 space per 50 square feet of net public area as required by the current restaurant parking standards. 3. That the applicant file for a use permit and request a waiver of any additional parking which may be required based on the fact that there would be no enlargement of the dining area. Public hearing was opened in connection with this matter. George R. Stephenson, 1326 South Martin Street, Santa Ana, Land Surveyor, appeared before the Commission on behalf of the owner and concurred with the staff report and recommendations. He advised that the proposed remodeling..would be to the kitchen and office space only and that the dining area would not be increased. Roger Morin, 327 Poppy, appeared before the Commission voicing concern and questioning the matter of parking since employees park along the residential streets and do not use the parking lot; how and when the alley was abandoned; how the cottage fits in with the proposed remodeTing and the provision for delivery trucks to unload without blocking the streets; and proposed a site inspection with the Commission in order to point out the problems being encountered by the residents. Community Development Director Hagan advised that the resubdivision request was not related to the parking problem. However, in response to Mr. Alorin's questions, he advised that the new parking stand- ards for restaurants was designed to meet the entire needs of a restaurant which included both employee and patron parking. City Engineer Nolan commented on the abandonment of the alley which took place many years ago, the reason for the abandment was not clear. However, the procedure would have required a public hearing by the City Council and upan rev 7ewin9 the evidence, made the determination, by Resolution, to abandan the alley. Staff also advised that the cottage and the property on which it is located was not a part of this Page 3. of Niawn-orl ;13, F-j- -'h 22-137 � '� '•�l.'. �r'''M1 ••� •+•yy..•+` f s �.� .. ,,. . Imo.... .:orsznnlSSiDNE�s i( { CITY OF N E WPORT BEACH bx� x�m n p MINUTES x 0 3una 17. 1975 ssnFx resubdivision nor a part of the proposed remodel- ing: ,. At this point, staff thoroughly reviewed the:plans which were submitted in connection with the pro- posed remodeling and it was pointed out that the i square footage would be increased by.approximately 35%. The service and delivery area was also reviewed as to location and functionability. Mr. Morin appeared before the Commission and voiced concern with the proposed arrangement for deliver- ies as he doubted the adequacy and usability of the proposed area and felt that existing problems would be compounded, especially as to noise and vehicles blocking the street. Planning commission aiscussed parking requirements, loading zone requirements, and noise regulations - Thera being no others desiring to appear and be beard, the public hearing was closed. Planning Commission discussed the possibility Of a continuance in order to ascertain whether or not the intensity would be increased thereby requs rirfg additional parking- Staff pointed out that the resubdivision request was net the proper tool to obtain the information requested and the best way to deal with the questions raised was to make the determination that the enlargement of -the building �;ould be greater than 10% and therefore the entire remodeling must be reviewed by the Planning Commis- sion through the use permit procedure and the parking be made to conform with the requirements of the present ordinance and could no longer remain in a nonconforming state; or that the property owner apply for a use permit under which a waiver of the parking requirements could be requested. Planning Commission discussed the findings and were assurer] that those recommended in the staff report, pertained to the land only as required by the Subdivision map Act and had nothing to d❑ with the proposed building improvements. Assistant City httorney Coffin advised that he would prepare a written opinion in this regard for the benefit of clarification. Planning Commission also determined that since the proposed improvements consisted of more than 10% of the existing building area, a use permit would Page 4. o f N e, � Ampoft Bipach 22-138 10MMISS)ONERs t( m , CITY OF i EWPQRT BEACH mx° axr ., _ MINUMS .-.. r..1 .lima 77_ IQ79 - fNl7EY have to be approved prior to the issuance of any building permits. -Jti0n X Nation was made 'that Planning Commission make the yes X X X X X following findings: a sent { { X 1. That the proposed map is consistent with appli cable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for toe type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause substan- tial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed improvements are not likely to cause serious public, health -problems. 1. That the design of the subdivision or the proposed improvements will not -conflict with any easements, acquired by the public at large for access through or use of, property within the prapased subdivision. a. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed. by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with - Section 7300) of the Water Code. and approve kesubdlOsion Flo. 523, subject to the following conditions. 1. That a parcel map be. filed. 2. That no building permits be issued for struc- tures within the abandalied alley area until ta) the new 1911 water main being constructed by the City is in operation, and the existing B" water line located in the public utility Page 5. NP--,1A1Pbvt- ei�.icr 22-139 :cmNijSS10NF_Rs � r Gti A p m a, CITY OF N EWPOR ir BEACH m [r � a r m m v m { MINUTES x - ... 4 7., .. .. '1 7 107 C -. INDEX easement can be eliminated from.the system, and (b) vacation and abandonment proceedings can be completed for all or a portion of the public utility easement which was.reserved when the f alley was vacated and abandoned. . { " Item 03 SIGN Request to permit the installation of a 344 square foot "Bullock's.Wilshire" wall sign. where Chapter i)'�-PTI 15.16 of the Newport Beach Municipal bode would PERMIT allow 200 square feet. No. 7— Location: Lot l of Tract 6015, located at APPROVE 83 Fashion Island in Newport Center. TON 1- Tf6VAtL one- C-O-H A 4icant: Dalton Becket Associates, Los Angele Owner: The Irvine .Company, -,Newport Reach Public he ing was opened in connection With this natter. Gene Jung, Haci da heights, appeared before the Commission on be if of Welton Becket Associates, The Irvine Company, and Bullock' s Wilshire. He concurred with the s ff report and answered questions of,the Commi ion relative to illumina- tion of the sign. There being no others desir g to appear and be heard, the public hearing was lased. anon x Motion was made that Planning Co fission approve yes X R X X K fSign Exception Permit No. 7 and ma the following. bsent X findings in connection therewith: j 1. That the granting of this permit is ecessary !!� to protect a substantial property rig and will not be contrary to the purpose of apter 15.16 of the Newport Beach Municipal Code. 2. That the granting of this permit will not be materially detrimental to the health, -safety, comfort, or general welfare of persons residing in the neighborhood, or detrimental or injuri- ous to property or improvements in the neigts- borhood, or to the general welfare of the City. Page 6. t 'e ac, 22-140 //��.K' Ofj;C•nx'(�:-n�,.:..-'L• "r�.^iF.1?I2.' f?V'r' .I'+':;", n•!��r -• ": n�, e'�.�r.� �Ti ��5•. �S'.f,:. n.+�, ll.i J`:.�-nl i�}:r t. l.� '1��� �1 •���•��'WZf�i.=rjt b�T` yy:Z MIME ' CurB �furrf Lac�fi'or� - . '4P?rdx_: �rir�sr'rs shar;+ri rro �.��• �j F'�rrrs��i r: car�aia `Me CIC�r �,�: �CJ�J�i:ii r ®' i�lr-rrr=«,x� w.aoe�,+raa,irw. lV��.lrnfn� CQ _ N§� •h dr - 22-141 � ••J �'��a�i" -.��. �,,» _ �;rr. vx :rry?-: c�.��:::�'�_��s� iiL�P�:`;=?�vr�\�;�ry: «.��r :'sna; ;r�:+'.?�'.q;1r.'•i�-.0 �.�p'.'-S�N•anrr ,.f . - •.V lul 'a `-'� PATH og aUC- a . _ FRONIT-CORNZSS 11" ' PATR of REAR VlWiEL TRUCX TURNING' RADIO,-> ----�--- ---r CHEC=p .1t �= APPI 35' LG y G TRASH TRUCK 5CALU 1* " 2 D SrVT.Si Q h'rY rt�nt�f(: 1�i �i{a=.TTt rl�i IC cl i 1 tit' a b.&V , 22-142 _J:�r'r��' - - ar:. r^�.:: •.:•s r�., i"v!.: - - 'r: -fc:".::�. ,•j;y-; rf'J •k ..in•,• _ - .r• ram, m I cI y of Newport Beach MINUi'ES., t 0 fiarch 3, 1977 ROL.1. CALL Imolix �'r •`� •": )Item 010 :. Request to remodel and enlarge the existing USE PERMIT kitchen, storage and supply areas of the Five ii0. 1822 Crowns Restaurant facility in the C-1 District. t The proposed development also includes the APPROVED construction of a roofed trash enclosure 'that NNDDI— 7. encroaches to the rear property line (where the TIONALLY Ordinance requires a•5 foot rear yard setback when the rear of a C-1 lot abuts on a Residential Di strict) . x Location: Lots 1, 2, and 3, Block -A of Tract 673, located at 3801 East Coast Highway on the southeast corner of East Coast Highway and Poppy Street in Corona del Mar. Tone: C-1 and C-1-H �pl cant: The Five Crowns Restaurant, Newport Beach Owner: Van -Frank investments, Inc., Los Angeles Staff advised that any motion to approve this. use permit should also Include a waiver of what- ever number of parking spaces the Commission so desired to waive. Public hearing was opened in connection with this matter. Arthur Wynne, officer of the Five Crowns Restau- rant, appeared before the Commission and concurrec with the staff report and recommended conditions. � i th respect to the problem of parking in front of the "cottage" which has occured in the past, he advised that the valets have been instructed not to use this area in •the future. Commissioner Hummel voiced concern with the width of the driveway leading into the garages an the adjacent property and questioned the possibi.lity: of requiring a reduction in the width -in urder to eliminate access to the side of said garages. Mr. Wynne advised that the property referred to. was not under their control, however, he would contac the parent company to see what could be done. i. Page 2Q. 22-143 '�, .fin-.. { 1:r ,��{..:±,• � C--!; .,�.•y. ".. 5:.•. . .7 CC]MM15510h1ERS -... +, _ of Newport Bead 3 MINUTES C■ qs mp � art, March 3, 1977 Herbert Citron, President of Valet Parking Services, Inc., appeared before the Commission and advised of their instructions to the parking attendants for the Five Crowns Restaurant in order to eliminate parking problems which nave existed in the past. Roger Morin, 327 Poppy, appeared before the Commission in favor of the request and advised that the major concerns of the adjacent residents which were expressed at past public hearings have been met by Five Crowns and that the proposed remodeling would be an asset to the neighborhood. There being no others desiring to appear and be heard, the public hearing was closed. Motion was made that Planning Commission make.the following findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police department has indicated that they do not contemplate any problems. 4. The existing work, washout, and storage areas are inadequate for the needs of the restaurant facility. The proposed development will greatly improve the restaurant operations, including the access of delivery and trash trucks to and from the site. 5. A waiver of a portion of the required off- street parking spaces in justifiable, since nt additional seats or "net public area" are proposed in the restaurant complex. 6. The existing offstreet parking spaces for the restaurant use on a separate lot froin the building site are justifiable for the follow— ing reasons: a. The subject parking lot is directly across Poppy Avenue from the restaurant site. Page 21. IN09X 22-144 ..1' .. .- •: }.. :' � .'.fir COMMISSIONERS I y of Newport Beach MINUTES 1 .-gQLL CALL March 3, 1977 iNaux b. The existing development does not create undue traffic hazards in the surrounding area. c. The site is owned by the property owner of the restaurant property and will be maintained as an offstreet parking lox for the duration of the restaurant use on the adjoining property. 7. That the establishment, maintenance or opera- tion of the use of the property or building w-ill not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or,working in the neighbor- hood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modifi- cation is consistent with the legislative Intent of Title 20 of this Code. 8. The approval of Use Permit No. 1822 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighbor- hood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1822, subject to the Following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. Z. That all mechanical equipment and: trash areas shall be screened from adjoining properties and from adjoining streets. 3. That an offsite parking agreement shall be approved by the City Council, guaranteeing that a minimum of 87 parking spaces shall be maintained at the southwesterly corner of East Coast Highway and Poppy Avenue for the duration of the restaurant use on the adjoining property and that the remaining requirement of 33 spac-es be._wa.i ved. Page 22. F 22-145 rim' - :'i --.ri> 4i,i+;��:*��a.�-;'r;�S._:::=:�„�_ �1_r .:�r �r� a• w:�•�.;r •F,•..-.r.�,Fe.-� t - `' 'CaMA MSIONERs CI y of Newport Be ch March 3, 1977 �QCLL CALL W �r,.Moti6n l i l l 1 i i I4• That valet parking personnel small be am maintained on the offsite parking lot at all times during the hours of operation of the restaurant facility. MINUTES 5. That a washout area for trash containers shall be provided in such a manner as to allow direct drainage into the sewer system and not into the storm drains. G. That there shall be no increase in the "net -public area' of the restaurant facility in conjunction With the proposed development, 7. That a parcel map be filed. S. That 'all improvements be constructed as required by Ordinance and the Public Works Department. 9. That no building permits be issued for structures within the abandoned alley area until vacation and abandonment proceedings can be completed for all or a portion of the public utility easement which was reserved when the alley was vacated and abandoned. 14. That the portion of the existing driveway approach not being used be dosed up. ll. That the new driveway approach be constructed as shown on the site plan. 12. That all work in the public right--of-way be done under an encroachment permit obtained from the public Works Department. 13. That the "heaved" sidewalk along East Coast Highway and Poppy Avenue be replaced. The Motion was amended to add two conditions; that the employees be encouraged to park in the parking lot, and that the valet service in no way utilize the space in front of the "cottage" for valet parking. 4 discussing the amendment, Commissioner Hummel commented on required parking for restaurants in general and felt that this restaurant should comply with the requirements and provide parking Page- 23.. It 22-146 - n.S�..ra ih�..; i='sil:'"!''�:r;YR'nh;t,n:r��d?-6; .,•. - - y ��..:.. - ;.ry , _ . C • : -.�!: �:li���' .i�Lf •. ��:?'(?�y+.• skMMISSIONrERS fy of Newport Beach ��i•��C MINUTE ., ,� •p c March 3, 1977 -. q431-L- CAUL. for their employees off the street in order to eliminate parking problems in the adjacent residential neighborhood. Commissioner Agee felt that additional parking requirements were unfair at this point because the remodeling was to the kitchen and trash areas only and because the restaurant was established prior to any parking requirements. Ayes Absent Ayes {does Absent Ayes Absent Following discussion, the two conditions were acted upon separately, as follows: X X X X X X 1. That.the valet service shall not use the X driveway apron in front of the "cottage", which adjoins the restaurant site to the south, for restaurant parking. (Amendment carried.) X 2. That the. employees be encouraged to park in X X X X X the designated lots. X (Amendment failed.] X III I - IX IX IX I)l I The ❑riginal motion was then voted on as amended X and carried. Request to permit the construction of a duplex and related parking spaces on a lot with less than the required 2,440 square feet in the R-3 istrict. Further request to permit one of the re fired parking spaces to have a width of 8 feet (whe' the Ordinance requires minimum 9 foot wide spaces), Location: t l8, Block 1, Newport Say, lac d at 205 East Balboa 8oulevar on the utherly side of East Balbo Boulevard, etween Alvarado Street and Coronado rest on the Balboa Peninsula, zone: R-3 AEE scant: Marinko Jerkunica, Laguna Be Owner. Same -as Applicant Page- 24.. �eud�x Item #11 VARIANCE- N. 51r APPROVED^ CON.- TI ONALLY, r� 1 22-147 CITY OF 14EWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMET4T PLAN REVIEW REQUEST SO-4-7 'ZPL LIADVANCE PLANNING DIVISION WUBLIC WORKS DEPARTMENT ❑TRAFFIC ENGINEER ❑ FIRE DEPARTMENT ©PLAN REVIEW DIVISION r Q PARKS & RECREATION r []POLICE DEPARTMENT MARINE SAFETY t I]CEMERAL SERVICES APPLICATIDN OF FDR A ❑VARIANCE Date February 4, 1977 2 PLANS ATTACHED (PLEASE RETURN) ❑PLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION The Five Crowns Restaurant ❑RESUBDIVISIO?d fg'ISE PERMIT ❑TRACT MAP__ 2 44 A REQUEST TO remodel and enlarge the existing kitchen, storage and supp7y areas of the Five Crowns Restaurant facility in the C-1 District. The proposed development also includes the construction of a roofed trash enclosure that encroaches to t e rear property 1ne(where the Ordinance revutres a 5 foot rear and setback when the rear of a C-1 lot abuts on a Residential District . ON LOT 1,2,3 BLOCK A TRACT 673 1 ADDRESS 3801 E. Coast Highway, Corona del Mar fi. �` U.. ••1. `vn7 FEB I.2 REPORT REQUESTED BY 2117177 COMMISSION REVIEW 3/3/77 C 01.1 M E 14 T $ '2 721I5 FA710 ,a PA A-- rf� A4 Q 2 V,n :Z A2,2 L_ h--'5JVfc� r� _ /P.-/ r�.o �3cr c Z2 rn)',_-Z rS B f5su .�D _2= .4 . A J2 e-4 I� i Y�-C' Q �� A JLI Iia 17f 11 !}fV,0,0) Aj NJ�,�]7- S ('J.4 A,? A G L ,4 ,n� T �] l� P �C AID a /VT! 51 771ATURE HATE o e =y :_ 22-148 CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST bate February 9, 7977 n ADVANCEPLANNING DIVISION ®PLANS.ATTACHED (PLEASE RETURN) (QPUSLrC WOkK5 OEPART+MEaNT ❑TRAFFIC ENGINEER []PLANS ON FILE IN ZONING AND FrRE DEPARTMENT ORDINANCE ADMINISTRATION ❑PLAN REVIEW DIVISION DIVISION Q PARKS & RECREATION gOOLICE DEPARTMENT DMARINE SAFETY GENERAL SERVICES APPLICATION OF The Five Crowns Restaurant. FOR A ❑VARIANCE ®USE PERMIT 1822 ❑RESUBDIVISION EITRACT FLAP ON A REQUEST TO remodel and enlarge the existing kitchen, stora a and supply areas of the Five Crowns Restaurant facility in the C-1.0istrict. The proposed development also includes the construction of a roofed trash enclosure that encroaches to the rear property line Jwhere the Ordinance rewires a 5 foot rear yard setback when the rear-of_a_6-i lot abuts on a Residential District ON LOT 1 2,3 BLOCK A TRACT 673 ADDRESS 3807 E. Coast Highway, Corona del Mar REPORT REQUESTED BY 2117/77 COMMISSION REVIEW 3/31 COMMENTS � I %ti--t . ., sIGIIATUR£ 1 t DATE. 22-149 UADVANCL PIANNING DIVISION OPUBLIC WUFX 5 DEPARTMENT ff�?GFFIC E4GINEER OFIRE DEPAFTilENT ❑PLAN REVIEW )]VISION ❑PARKS & RECREATION ❑POLICE DEPARTMENT O MARINE SAFETY DGENERAL SERVICES Date February 9, 1977 (SPLANS ATTACHED (PLEASE RETURN) []PLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION APPLICATION OF The Five Crowns Restaurant FOR A ❑VARIANCE P§USE,PERMIT 1822 ❑RESUSDIVISION. []TRACT FLAP ON A REQQEST TO remodel and enlarge the existing kitchen,_ storage and sup areas of the Five Crowns Restaurant facility in the -1 District—. The proposed development also includes the construction of a roofed trash enclosure that encroaches to the rear property lirie where the Ordinance requires a 5 foot rear yard setback when the rear of a C-1 7tit abuts on a 110 Residential District). ON LOT_ 112*3 BLOCK A TRACT 673 ADDRESS 3801 E. Coast Highway, Corona del Mar REPORT REQUESTED BY 2/17/77 COMMISSION REVIEW— 313/77 COMMENTS I��� %ruclG Gl�n��cr 22-150 CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST Date February 9, 1977 ADVANCE PLANNING DIVISION ]]PLANS ATTACHED (PLEASE RETURN) ❑PUBLfC WORKS DEPARTMENT []TRAFFIC ENGINEER ❑PLANS ON FILE IN ZONING AND []FIRE DEPARTMENT ORDINANCE ADMINISTRATION ❑PLAN REVIEW DIVISION DIVISION EIPARK5 & RECREATION [)POLICE DEPARTMENT SAFETY �ARINE ENERAL SERVICES APPLICATION OF The Five Crowns Restaurant FOR A }]VARIANCE: ®USE PERMIT -.1822 ❑RESUBDIVI5ION TRACT MAP ON A REQUEST TO remodel and enlarge the existin kitchen. storage and su 1 areas of the Five rowns Restauran aclllty in fheDistrict. The pro osed davelo meat also includes the construction of a roofed trash enclosure that encroaches -to the rear property ine (where the Ordinance reouires a 5 foot rear vard setback when the rear of a C-1 lot abuts on a Residential District ON LOT ' 1 . 2.3 ADDRESS 3801 E. Coast Hi REPORT•REQUESTED BY COMMISSION REVIEW_ COMMENTS BLOCK A Corona del Mar 2117/77 - 313177 7 -r/- -7 TRACT 673 SIGNATURE-,-DA3E, .' j •z +�` c. s� � Y i-v.4 �� i iy l�'r' ?f- w 4 r' f YYiL K S 22-151 CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST .r] J� Q , Date February 9. 1977 ❑.ADVAANNC'EVPLANNING �DIVISION ®PLANS ATTACHED (PLEASE RETURN) ❑PUBL.IC WORKS DEPARTMENT ❑TRAFFIC ENGINEER []PLANS ON FILE IN ZONING AND []FIRE DEPARTMENT ORDINANCE ADMINISTRATION VLAN REVIEW DIVISION DIVISION ❑PARKS & RECREATION ❑POLICE DEPARTMENT ❑IAARINF SAFETY ]GENERAL SERVICES APPLICATION OF The Five Crowns Restaurant FOR -A [JVARIANCE ®USE PERMIT 1822 I]RESUSDIVISION []TRACT MAP ON A REQUEST TO remodel and enlerge the existing kitchen, storage and supp2y areas of the Five Towns es auraet T6071t7y in -tFe—C-1 District. The ro ased develo went alsu includes the construction of a roofed trash enclosure that encroaches 5--Me- rear property line (where the Ordinance requires a 5 foot rear Zard setback when the rear of a C-1 lot abuts on a Residential District . ON LOT 12 3 BLOCK A TRACT 573 ADDRESS 38DI E. Coast Highway, Corona del.Mar REPORT REQUESTED BY 2117177 COMMISSION REVIEW 313177 COMMENTS SIGNATURE �U11 22-152 CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEI4 REQUEST � Date February 9, 1977 nAD►IANCE pLANP3'I/N[GDIVISION OPLANS ATTACHED ( PLEASE RETURN) ❑PUBLIC WORKS DEPARTMENT ❑ T.RAFFIC ENGINEER QpLAN5 ON FILE IN ZONING AND IRE DEPARTMENT ORDINANCE ADMINISTRATION ❑PLAT{ REVIEW DIVISION DIVISION QPARKS $ RECREATION ❑POLICE DEPARTMENT OMARINE SAFETY CIGENERAL SERVICES APPLICATION OF The Five Crowns Restaurant.' FOR A QVARIANCE ®USE PERMIT 1822 []RESUBDIVISION []TRACT MAP ON A REQUEST TO remodel and enlarge the existing kitchen, storage and su 1 areas of the Five Crowns ReslaPant facility in the C-I District. The proposed development also includes the construction of a roofed trash enclosure that encroaches to the rear ,property line twhere the Ordinance re uires a 5 foat rear and setback when the rear of a C-1 lot abuts on a Residential District , ON LOT— 7.2,3 BLOCK A TRACT 673 ADDRESS 3801 E. Coast Highway, Corona del Mar REPORT REQUESTED BY 2117177 COMMISSION REVIEW 3/3177 COMMENTS I. Construction shall conform to the Uniform Railding Code 19 73 Rdttign and the California Administrative Code, Title 19 requirements. RE dr= fn-k DATE' 22-153 CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY.DEVELOPMENT PLAN REVIEW REQUEST Date February 9, 7977 ADVANCE PLANNING DIVISION OPLANS ATTACHED (PLEASE RETURN) QP68LIC WORKS DEPARTMENT ❑ TRAFFIC ENGINEER QPLANS ON FILE IN ZONING AND []FIRE DEPARTMENT ORDINANCE ADMINISTRATION ❑PLAN REVIEW DIVISION .DIVISION CIPARKS S RECREATION ❑POLICE. DEPARTMENT []MARINE SAFETY (]GENERAL SERVICES APPLICATION OF The Five Crowns Restaurant FOR A ❑VARIANCE OUSE PERMIT 1822 ORESUBDIVISION []TRACT MAP ON A REQUEST TO remodel and enlarge the existing kitchen, stora a and supply areas of the Five Crowns Kestaurant Tacility in the C-1 District. The proposed development also includes the construction of a roofed trash enclosure that encroaches to the rear property line where the Ordinance renuires a 5 foot rear .Yard setback when the rear of a C-1 lot abuts on a Residential District ON LOT l 2 3 BLOCK A TRACT 67 ADDRESS 3801 _E. Coast Hiihway,.-Corona del Mar REPORT REQUESTED BY 2/17/77 COMMISSION REVIEW 3/3/77 COMMENTS a 22-154 CITY OF NEWPORT LEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST eAQVANCE PLANNING DIVISION 0.,BLIC WORKS DEPARTMENT M RAFFIC ENGINEER Ej'F,[ RE DEPARTMENT [PLAN REVIEW DIVISION ❑PARKS & RECREATION [j hO ICE DEPARTMENT ❑hARFNE SAFETY 0 'ENERAL SERVICES Date February 9. 1977 fRPLANS ATTACHED (PLEASE RETURN) ❑PLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION APPLICATION OF The Five Crowns Restaurant FOR A []VARIANCE 1fgUSE PERMIT 1622 E]RESUBDIVISID'v []TRACT MAP ON A REQUEST TO remodel and enlarge the existing kitchen, storage and su 1 areas of the Five The proposed development also Includes the construction of a roofed trash enclosure that encroaches to the rear property ine w ere the Ordinance requires a 5 foot rear vard setback when the rear of a C-1 lnt abuts on a Residential District ON LDT 1.2,3 BLOCK A TRACT 673 ADDRESS 3801 E. Coast Highway, Corona del Mar REPORT REQUESTED BY 2/I7/77 COMMISSION REVIEW 313/77 COMMENTS SIGNATUREr>;..DATE J' 22-155 r�.•..5. v A „ 1 ..: CITY OF NFEWPOK78-kH. CALiFORNIA 4 Phe.a LT., BUILDING DEFARTMENT . �Mad--bAPPLICATION FOR 'BUILDING PERMIT ASSCSSa H'9 +Fjj 95FARM., NM DkTEi RI7�LDING '� ""� LQaALITf AYPL.1CAM TO F3LL IN A%" WITHIN H VY fh1€9 LY. =r•[;R£Sr CA•7S8 ST orJIL[1tNG AOANE$S O rah _C 11g._ _ GE.ti SL15 TAAcr GRG TY - PROCESSED F1Y .LLTT so. CLOCK TRAc' .r s ATIS 1 Ay FLA$SIFI CATION 1 CL r, 96 Mo6W ELL. Uµ ITS VACANT SITE C3 YC5 zj-NO S1XE OPLGS w-. GT GL AG a. Haw ON Lb7 5Et1CT L}RFRHS • S.' $ VALUATIONS 7 YS+T ztlnc f MAP F'R[ Y CONa1T1 C1'r9 .,CL-'Z-m'�{ � '• a�►• r-b-•-+f.fw _ O%V"zaVan- Frardc Rest. N0.SrA Cj-249 . ADPR£se 558 San Pex'rlarida Road ,Iry Las Angeles, Calif. 9Qa65 -,q:`� L71 DESCRIPTIONdP WORK ECTSACK PROM S atac PROP,ttuc oP CATnorri 'Jac NEW Aqa X ALTER X R["",fi oENaLrSH t f F YPrdF: Rear i 0 RS. --g-1 . _l.5 qQ. FY. OLa6. FiR, OF nip. QF SIZE GAFtADL 5-rQR[ES FAf•iIL[EH WORk 10 BE DONE Addition to Cocktail, FLa. FL,.K C-ROV. a Kno. urb tJrT Lounge & Alteration to Reception F FH f F GVA f 1' 11L O.m.r Eld.. Farm Area, IRRL74 Erti..TJ. p CiYCIN CLR �Z[,.1.},t[��1s�S GT'i NO.YPy^9�Iy _ Ft C +� Y ri :[, 1 Tilt %* L: 9m, VaL X''S S.rai G lintain e.A.wK.r Cen�. C ON'fRA C7PI Ct ar FPngYxL Tfl aTuf ' T+lJI oa. ffTAZE ^y AO iCEHSE rap. �`" � a STECIAL NSPECTM RE4'ti•F8R (YsCLr.SS t 13 1 nn !'iE'/i aRF r7 ASV. LFHRER..--r ARANCK APDRE35 S1GN►TURS or ff r j -� APPLICANT _ 11}race P.G SLl`--so• Elil.F pM7. FLY $ .. LfCtr' wVPpOYAL.S WTC '31GNA7L1 f1E 1FEC FCRY�, MATEa IAL� _r l harayJ acknorladq..I1t�! i ha•a r+ad lhrl JP0I4J1Fa.;•Iha! 1Ra Irforn.yllon plraa 'i caNati; and MN 1 am th+ P.nTr, a 1Fra dnlF rlkoliud aganl of Iba prFN. 1 aq Pa. fa LQM 114 .(15 a+lr aqd Hafa Faw ra7lulJrinp ConikurrlAn; +nd in doirrq ]!rr -14 aY1l+Prhgd ik�a+1LT, on G.fIM !1 tr.amPl'! Fr lalfan I Iha Cad. P} Phu Sears aF 4 rpnia .aia Iv Ww Cain an fAjq,.ntP, ISM� SSGH tTyRG QF PKId"IIITTE i.flb3lE87 • ty pLf^iFARC• 9TEYL LATHING 9 FRaHIKG -- yy ` LaF FINAL%'-44-•��+ ./•i�� i t PLAN CHECK[ VAUCAnaN ar. a. wK PERIAIT VALIDATION ur rr.w. ueH 01] 22-156 1 c�� t er�ut N6L� Q. [� 5 i• of in.liot � -`l�ori�Etl n rP ei��a r, I,q r c }� r 4ATUR it PERM 'DAESL ,H CHECK 7 l -3y La , t z CITY fgrtA GA,=7EQ 1-i ; S 1. It V I c E Y A F- L) W: z I - y - h fNewpo.,4 nLL 22-157 BUILDING DEPT. -- NEWPORT BEACH, CALIF. liTKDTS01J. TFTvtkS __r in/n/96 I rn AORFiE38 3801 EAST COAST MIT. psnM. NO. 3583 -- H T'"sT 77 z 77.T. -� �'j� 12100 P. c. 6 _ p — —. _— rj�- BL11LC>ii7=L7-z.�+ CC s �r.Cl— VAL. S ]V� r� TOTAL S 12 a Qa a 7 LC7r 6LOCK 73i7. 13 VAA. _ _SECT. xRllE FIRE SilST. 4ROUP TYPE FIRET . 9lllLalNd �3 INriGTIp�NA INE=. L7. Y.. DATC i LLL 6YU•C.O kTAACTOAy prRµlTs MAT fJC7_ — TRgNG}f.^yTCLL � I Fp.4?�E•S7CEL h.&SaHpay-is TCSL CHI FAM EY LATH-INT. Y/CAT. , 7' 1 3 �ti �J lY v PLASTCR �L�t%j•AQ,! G J T1LF 1` •5 w 4 1• SwrpA PRtiL_— !! y rrNCK 1 j CT}tE4 1 M - FIVAl. - •. - .._ MERIT. L3F QCCLAP. f i 22-158 BUILDMG DEPT. - �3WPO T SEACFir C.I. F'. OWNER 3sT _ e, 5A4-1- PLC_ COAST 11mrl Cuii?.0A1k 11-17-64 FEES JOB PERM, No. APPRESS 3801 L. ?AC4x,rG C^A]: RWY 4D149 144_25 6UlLOER ti £'"i '• -� :-:7 r VAL. S I? �� TOTAL s 300.75 LOT 1-7-3 BLOCK SECT. I7A� 7RAGT 673-A 2ONE C-1 FIRE Of5f, 7 GROUP T-3 TYPE Vim.-, VAR. Ne, Remodel r!x1sting restaurant Bull d .eng R-}'- -, tit+. �i•c .SIT gla C taF- PERMITS Na.I., Ir. P. El Un. Gr. Elael- f-.p • G Tr-nch Gourd s...r Gruund -' r Ha.lin Ma11nq Ground ecp "- be r3 Vyal. F ■ Ground "' L-Ih Yr ,- -� J. PI - Ground -' •- - - P7adrr rr r. El.d. Ground S rinllrr �:a ul S r:r n.• /2 22 ^ ilnl R-i FF. r •+ •^ A.r I - • G-" i� Fou�rtidn Ic [: f2--A -GST '. G. Und.r innin :pd BUILDING DEFT. - iNEWPORT BEACM CALIF. OWNER E AFU T B. ZHur}.2 Bell) OAn �-1,1-60 FEES BLOC: ; . on 0DRcss_ "a0l E, CO95� f Tay, PfRM.No 23�24 $UILm O.W. Mr-sters VAL$ 12,000 LOT 1 & 2- BLOCK k SECT. TRACT 573 TOTAL t ZONE 0-1 FIRE WST. 2 GROUP TTPE VAR. No. Aeld 251 Y 401 addition to banquet room U. P. Na. _ 1tL ex!0tlng r?t Durant. $uilding Inr WIDni 1m , OX 0.1. Suh-Cvnlracfors PERMITS D-la No. Pr. P. Q Un. Gr, p EIWCF,, AqL $.IF - Grou.d Flm6 . Trrn,i< Ground Srw.r S..rr Gro,rnd H.alin • �-"- 'i•I.al11Ground Chun na ++-•� 4. r, ; -- W-1rr i Ground _ talh � 7-.'- Gr3 Pie- Ground Planar Q n Elod. Ground snrinll.r s1..1 R.Inr, F-.nd.11rn find. inn.n G.r1. of Oca�. BMDING DEPT.. NEWFCRT BEACH, CALIF. (FIVE GROWN'S REST.) PATE 61151 VINER TLemV I S FA^, ;c rxr PkRM ftl AOD'JOURES9 3801 E. GQr15T tI LOT 1 S Z BLOCK A GROUP v,7 TYPE 673 BC FEES BLOC. i 1Y.40 6.00 TOTAL VAR. No. 17. P. we. PERMITS PO. No. 22-159 I -larch 3, 1981 TO. File - Use Permit No. 1822 FROM. James D. Hewicker SUBJECT: Complaint received by telephone on February 27, 1981 from Corona del Mar regarding use of parking lot on north side of Pacific Coast Highway, behind Clyde Zug ch Galley, by pa � king attendants from Five Crowns Restaurant Spoke to Phil Crowley, Manager of Five Crowns Restaurant, by phone this date regarding the squealing of tires and the disturbance to residents in the black northerly of Coast highway. Mr. Crowley was very cooperative and indicated that he would bring the problem to the attention of the valet parking service. hlE D. HEWICKER lann rig Director JDHjkk xc' Ci ty Manager OT por 22-160 a.. May 6, 1980 TO _ FROM: SUBJECT, CITY OF NEWPORT BEACH PLANNING DEPARTMENT City Manager Planning Director lkp pprini t I R29 - Five Crowns Restaurant 3801 East Coast Highway Corona del Mar In response to your inquiry of May l , 1980, we have researched the file on the Five Crowns Restaurant and come up with the following information: 1. The property an the southerly side of East Coast Highway, across Poppy Avenue, is under the same ownership as the Five Crowns Restaurant; the owner being Vdn-Frank Investments, Inc., located at 568 San Fernando Road, Los Angeles. 2. The subject property is required to provide a minimum of 87 parking spaces for the use of the Five Crowns Restaurant. 3. The City Council authorized the (Mayor and the City Clerk to execute an off -site parking agree- ment between the City and the Five Crowns Restau- rant on March 141, 1977 (Resolution No. 9024). 4. The restaurant is required to provide valet parking personnel at all times during the hours of operation of the restaurant facility (Condition No. 4). S. The valet service is not permitted to use the drive- way apron in front of the "cottage" which adjoins the restaurant site to the south for restaurant parking (Condition No. 14) . If you have any further questions regarding the Five Croons Restau- rant, the off -site parking agreement or the valet- parking service, please let me know. 7A 5 a. HEWIICKER P1a Wing Dire Newo't' � ►� J Ikk ' 22-161 ' Deportment 'SATE: May 31, 1978 TO: City Manager 1 .i� _ • s'•_:.�":''• ,�,:" ":' =-?.ter of Community Development FROM: Assistant Director -Building S U V E CT : Mr. Ti l 1 ner's complaint regarding Five crowns restaurant., I have investigated the problem outlined in Mr. Tillner's letter by contacting the contractor, Roy Collins, 'reviewing the construction documents and zoning, approval and contacting the owner,. -,Mr. Wynne. The gate which has been located on the Hazel Drive side is only a temporary measure. -For a few weeks during which time the construction activity.blocked access to the refrigerators. The permit arrangement calls for all loading and access to be from the Poppy side, Mr: Wynne is preparing a response to the ccmplaint and will be able to tell us exactly -when the gate can be closed on .the Hazel side. :I inspected.the site on Tuesday, 'May-30, 1978, and found that 'the -foundation has been placed and the framing is now partially Completed. As soon as we. receive the final report from the owner, it will be forwarded to you, xc: Director /Assistant Director -Planning M 22-162 -A j 1 CITY, -OF ME14PORT. BEACH PUBLIC -WORK$ DEPARTMEfff, ij 14ay _I S� ;Td CITY' N F,Romc jffl _Ehp inaczr A, "MECT• LL7FR FPdk j-1ORM(TILLNER.- LOADI PH' :HAZEL-4,­,-2 DRIVE t-0ap1niht':,And, ete-mine.d.ih' N Crams 161a hav, 'I'Mewell .5the s ob., ec ve S: 0 0 S an not 6'enissued any P'emission tb:'�reite.,an -7 `adjg zone.. on hazel Drive: ;,�-hr e` 'or- not. J-hu cozniunity Q!2 MA k. n40,0p,lent.:-N np�:rtrient his ranted a gny P'Q t'M i s i i c n to take access to Hazel DM ve is not k,=qn.'' By separate memos will te:taker are: a t i an s i tl i, i All Police Department uIll be requested to enforce the no parking areasor flazel Drive to eliminate the rr,%Ien. 2. Cam -unity Development Department will he re-.",LeSted to req,lire Fii�awns ­0 use -�'Ileir parking 10, en P r6 'C6 oppy Av-=rue and close up any access to Razel Drive. Bill E.' Darn "Traffic Engiaeer cc. James Howickero BED- bcd - F_ nitY 4 A )'A Cn 0 U44 ca�att���, VV ortri 22-163 JR. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT May 26, 197B TO: JAMES HEWICKER FROM: Traffic Engineer SUBJECT: FIVE CROWNS The attached letter indicates Five Crowns is using Hazel Drive . .... ... for their delivery vehicles. I have requested the Police Department to provide enforcement on Hazel Drive. It appears that Five Crowns has opened access to Hazel Drive without City approval. All previous approvals we have discussed concluded that delivery access would be off Poppy Avenue, either on their site or. their parking lot. Please take the necessary actions to eliminate this problem., Hill E. Darnell Traffic Engineer Attachment BED:bcd C1 Q ' V, C" A on 22-164 May 19, 1978 Newport Beach City Council Newport Beach, California Dear Council Members Within the past few weeks, the management at the Five Crowns Restaurant on East Pacific Coast gighway in Cor- ona del Mar has cut access through their rear wall and created a truck loading area at the red curb on the west side of Hazel Drive. This action at times interferes drastically with the traffic flow on Hazel Drive. Large trucks stand in the main stream for extended periods while unloading. When cars are legally parked apposite, it is impossible to pass with a vehi- cle. I don't know if this action was done with the sanc- tion of the City Government. I have seen no Public Notices in, its regard. If it is a temporary situation, to continue only while work is being completed in their rear loading area off of Poppy, I have no quarrel, but if it is to be a perman- ent arrangement, I have serious objections. At all of the Pub- lic Meetings that. I have attended where customer parking and service truck access was discussed for the Five Crowns Restau- rant, and also Sam's Sea Food, the residents of Hazel Drive have been assured that they would not be subjected to any traf- fic problems. Dete . .7 - 7 i U fl�S still 3a Igl.i,tyor OV r kd CEt-r11_11a! r Thank you for your consideration. Yours truly, Norman N. Tillner 324 Hazel Drive Corona del Mar, Gal.ifornia Z City cif Newport Beach 22-165 May 19, 1978 Newport Beach City Council. 1 Newport Beach, California f Dear Council Members: Wi thi-i the past few weeks, the management at the Five Crowns Restaurant on East Pacific Coast Highway in Cor- ona del Mar has cut access through their rear wall and created a truck loading area at the red c3.zrb on the west side of Hazel Drive. This action at times interferes drastically with the traffic flow on Hazel Drive. Large trucks stand in the main stream for extended periods while unloading. When cars are legally parked opposite, it is impossible to pass with a vehi- - V I don't know if this action was done with the sanc- tion of the City Government. I have seen no Public Notices in its regard. If it is a temporary situation, to continue only while work is being completed in their rear loading area no quarrel, but if it is to be a permam- off of Poppy, I have ent arrangement, I have serious objections. At all of the Pub- lic Meetings that I have attended where customer parking and service truck access was discussed for the Five Crowns Restau- rent, and also Sam's Sea Food, the residents of Hazel Drive have been assured that they would not be subjected to any traf- fic problems. Thank you for your consideration. Yours truly, Norman N . Til.lner 324 Hazel Drive Corona del. Mar, California Chi i1'S SUIT li { nyw Ir fa a: car o1 V*iewooft Beac l j :7,r.1r 22-166 Department of Community Development DATE: January 10, 1978 TO: File F ROM -- James D. Hawicker, Assistant Director - Planning SUNJ E CT : Talked to Arthur Wynn on January 10, 1978. Informed him that use of trailer could be permittedautomatically So long as it was ' restricted to Use as'a construction shack and plan storage... Director could permit temporary use up to 90 days for storage and Planning Commission could permit longer periods With a Use Permit. He indicated that. trailer would be, used for dry storage and refrigeration for a period of.up to 9 months during construction., He indicated he would get together with his architect and--get,,badk to me. 1% P N Ort Beac -o, IV Ot I'kJ "i 22-167 SOUDIERN CALIFORNIA I ,! IN LAWAY'5 THE PRIME F013 r STEAR'S FOR STEAKS THE GREAT SCOT (tGsxtu2) FIVE CROWNS LAWRY'S CALIFORNIA CENTER _ IN CHICAGO EAWRYS ASSOCIATED RESTAURANTS LAWRrS THE PRIME RIB Decemiber 20, 1977 Mr. James D. Hewiaker Assistant Director - Planning City of Newport Beach City ball 3300 Newport Blvd. Newport Beach, California 92660 Dear Jim: Enclosed is a plan describing the temporary use of the Five Crowns parking lot per our discussion in your office. We have abandoned any Idea of using the garage and house next to the Five Crowns during the construction period. It is obvious that these areas are zoned residential and could create unnecessary problems in using them for commercial purposes. We very much need and would like your permission to use the Five Crowns parking lot on a temporary basis as it is laid out in the plan. You will note that we have made provision for two six-yard dumpsters and a temporary storage structure. We certainly will screen the trash E- dumpsters from public view. It would appear that at mast we are going to lase four parking spaces. To compensate for losing these spaces, we will be removing from service our Shakespeare dining room.. The Shakespeare Room is 462 square feet and seats approximately thirty people. This room will be used for storage and will net be used to seat customers during the construction period. I believe Chu closing or this dining room will offset any pressures created by the elimination Of the parking spaces. I hope this plan greets with your approval and Zook forward to hearing from you in regard to this matter. Sincerely, f�1r- g C" David E. Stoclman S' .i;�'ti .Assistant to the GesieYal Manager s, rcv ..5.k ,,tom j s n. see SAN FE13NALM00 POAQ LoS AH[iEL£Ti, CAtIp4RHIA s4p55 [?e lj .as•4�pf 22-168 aG.- u•C IN �• •.? " W 500HERH CA4LFOAIAA LAWRY'S THE PRIME RIB 5TEAR'S FOR STEAKS rh• ••_ MtEATERRANIA THE GREAT SCOT FIVE CROWNS CA5EY'S Ui H1DR7?e9N U0FDRN1A LAWRYS ASSOCIATED RESTAURANTS THE BEN JONSON October 21, 1977 Mr. William Laycock City of Newport Beach Department of Community Development Fie: Five Crowns Kitchen 3300 Newport Boulevard Remodeling Newport Beach, California 92662 Dear Mr. Laycock: As a folio) up to our telephone conversati.oa the other day and to make sure I completely understand the implications related to our remodeling capability, i would ask you to verify that the following is essentially correct: I. The Five Crowns received from the Planning Co:iuuission, City of Newport Beach, Use Permit No. 1822, March 3, 1977, to which I understand we may add 21 additional days to afford our neighbors an appeal period. The 21 days plus March 3 bring us now up to March 24, 1977. Z. Additionally, we filed with the South Coast Regional Cormi.ssion on July 1, 1977 for a Development Permit which was granted to us on August 25, 1977, and took 45 days for processing. I have now added the 45 days to March 24, 1977, and have arrived at a date of May 9, 1977. 3. You have advised that the Use Permit is valid for a period of 18 months. Therefore_, adding the 18 months to May 9 will bring us to November 9, 1978. In order to avail ourselves of the Newport Beach Use Permit we must commence construction no later than November 9,1978. If all of the above are accurate and correct, I would appreciate hearing from you to that effect. S i3,cffl,,rely, {� SID Arthur Wynne r�9 Senior Vice President cl�' ;5 4 CIO �97a FIEVERF AV'CHVE a LOS AQG4X41 r C.'AL 1:0R4TA 91003+9 TS(.El+r amE. (211) 225 22-169 I": `�i''.+�i�..'; i'.:ri:�:ri.+ tiY ~l'h'l `: "f•,,-T F 'tt= _- VF1 j March 21, 1977 Mr. William La c v ack ::; City of Newport Beach Department of Community Development 3300 Newport Boulevard r' � Newport Beach, California 92662 Gentlemen: 1: ,r E' ` Van -Fronk Investments, Inca is the owner of the Iand and buidl'rig on which The ': f Five Crowns Restourant is located - Lots T, 2 and 3, Black A, of Tract 673. Van -Franc Investments, Inc., also awns the off-street ga,i Irrg Ent - Lots, 2, 3r 4 =Y; and 5, Block BB of Tract 323, '- The purpose of this letter is to advise you that all the properties listed above have been ]eased to The Five Crowns as a unit in conjunction with the restaurant's operations of The Five Crowns. •51 Please advise if we can be of further service. V Very e truly ours yy •,... r s: VAN -FRANK INVESTMENTS, INC, S al Frank Jr ` Vice President „ Assistant Secretary 1`J F A�'. i cc: Arthur Wynne - The Five Crowns a� , �,►, .�-1�- 1, `� RF: i fi, C��,� t CJ- ' [Y '•7 1 a&6 SA,N RE'RNAr4D' 0 'R O-A(7, .LOS ANGELES, OALI:FORNIA 90065 22-170 LAWRYS ASSOCIATED RESTAURANTS February 7, 1977 Mr, Wi lliarn i.aycock City of Newport Beach Department of Community Development 3300 Newport Boulevard Newport Beach, California IH igVTN[RN GpLIFO'�H,a �- ..T LAWRY'S THE PRIME RIB STEAR'S FOR STEAKS _ MEWTERRANIA THE GREAT SCOT FIVE CROWNS CASEY'S IN NarI Pm CALVORMA TFFIE BEN JONSOT! Re: Five Crowns - 3801 East- Coast Flighway, Corona del Mar, California Dear Mr. Loycack: As an addendum to the fetter which I left with you last Friday relative to the Application for Use Permit, please be +advised of the foIIowinq. 1. The restaurant serves dinner seven nights a week,- with food service starting at 5:00 p.m. and closing at 1 1:00 p.m. during the week, and closing at 12;00 a.m. on Fri days and Saturdays. 2. Cocktails are served until 1:00 c,m. during the weep and until 2:00a.m. on Fridays and Saturdays. 3, Brunch is served an Sundays only Frain 10:30 a,m , unti 1 3:00 p,m . 4, At the height of the evening (around 7.30 or 8:00 p.m. on on cvero9e day) we will have on staff twenty --seven people, hopefully, this information completes your reguitements so that the Application can be processed as soon as possible, CD Sincerely, f` 1�eD Arthur Wynne �= coo °ate It Senior Vice President 06A SAN PCRNANOO 40A.6 • LOS ANGELES, GA i.IFORNIA 900A3 ■ (21S) 225-2A91 � ,rUr`f 22-171 IN 30177IiERN CALIYQRhIA LAWRY'S T"E PRIME Rini STEAR'S FOR STEAKS MEDIIERRANIA THE GREAT SCOT FIVE CROWNS CASEY'S 1N :4ORTHERH CALIF❑RNIA LAWRY8 ASSOCIATED RESTAURANTS THE 13EN SONSON February 4, 1977 City of Newport Beach Department of Community Development 3304 Newport Boulevard Newport Beach, California Re: Five Crowns r 3801 East Coast Highway, Corona del Mar, California Gentlemen: The Five Crowns restaurant has been in operation on this site since 1965 and intends to continue to do so For years to come, This venture has been successful, and we wovld want- this success to remain so. Undoubtedly, our obi lity to prepare and serve fine food at this restaurant was a Factor in achieving tk;s success which is now threatened by inadequate and tired facilities. Currently, our kitchen., storage and supply areas are under abnormal pressure to accommodate 6e needs of our customers. It is our plan to add to, as welI os remodel, these areas, install more modern fixtures, facilities and equipment, enlarge storage and work areas, and enclose the rubb;sh area. All of the work will be at the back of the house. We are not planning any dining room remodeling, and we are not adding to our seating capacity. We ask for your thoughtful consideration of our request for the issuance of a Use €'errnif which will allow us to proceed with our planning. Sin iy, Arthur Wynne Senior Vice President Five Crowns 6C6 Li Aft FERNAH0r+44 -AD •a- LOSANalt LLS, CALIRQR[J!A aooss.• (23332214-2491 22-172 ( TRAFFIC ENGINEF_f 'G CONSULTANT S K1mm l annd AY•rswaa i•L.itieS * N• SIkJ. rsil*Crr r> s: 4:��2 L.0 ,P1JS AF;iV&, 5U17c f •G iNEV1F01, i G_ ACI4, CALIF. aZaG`3 lil.itSiM1fi Y.If.1h:�f- �!. L'A -LIAM OICKSCIN Novernbor 19, 1976 Willis N. Fi^�Lrltason Architect L Associates 5335 Fountain Avenue ,Los Angt-les, California 90029 Traffic Analysis [Trntck Turns] Five Crowns Restaurant i env ort Bcach California Gentlemen: 171 •") Be5•'11W MHEMI-RM NOV � ;l19/76 W1 LL IS Pursuant to your commission, we have condtacted, an analysis of truck turning capability with rtgard to modifications of the service entrance to Five Cro►vns Re stau rant. The attached exhibit shows possible move s of a truck ontering the proposrd service± drive at the rear of the restauzant off Poppy ,Street-. A truck turn ternpl&te used to determitic theNe paths provides turning radii for a 35 font tong truck. This 35 foot truck would show a worse con4itiorn that a bob -tail 35 fact sami-tractor f trailer corribination. Based on these examples, and considering t2ie greater floxibility of the articulated unit, it is our opinion that no major problems will be. experienced.. Some slight xaodixication to Isle parking facility and service entrance access would assure greater ease of access. as can be seen in the exhibit. It is our conclusion that a 35' 6" tractor -trailer unit• Svo►xld have no problem in making deliveries % ithout encroachment into the residential area southerly of the restaurant, if modifications shown are accornplished- Therefore, it is reconnmended that the parking IoL accesrarLd service entrance be modified to accommodate turn paths shown. T}nis wotnld xssurr_ that most corrt--rno.-nly used delivery trtntks could utilize the service area. A meeting it -as held with Mr. Darnell, bieviport Acach Traffic Engineer. He indicated that the plan would be accept-ablo to him if rnodificeions are made as shown. If you Should have any question~ or desire further xtr£orrnation, please contact us. Sincerely yours, FIERN4A,C1. %Cl%iUMrL Z. ASSOC. , 22\1C. ggr�G-r�ey1 H. lvilliarn Dickson, P. E. Traffic L•►SUine-ar. _I..0 +L3.+_. r __.-..4L%'/�ItItrJl:%rr t/t:'rr�.u�. 22-173 NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of The Fiv for a [D Variance 0 Use Permit Res ubdi vi si on [] Tentative flap 'Traci op property located at 3801 E. Coos Hey - Cnrnna elol Mar to oaf remodel and enlarge the existing kitchen, storage and supply areas of the Five Crowns Restaurant facility in the C-1 District. The proposed development also includes the construction of a roofed trash enclosure that encroaches to the rear property line (where the Ordinance requires a 5 Foot rear yard setback when the rear of a C-1 lot abuts on a Residential District). Notice is hereby further given that said public hearing will be held on the 3rd day of March 19 77 , at the hour of 7:00 P.M. in the Council Chambers of the Newport Beach City Hall, at which time and place any and all persons interested may appear and be heard thereon. WILLIAM AGEE, Secretary Planning Commission City of Newport Beacn PUBLICATION DATE - Received for Pub. By - - Note: The expense of this notice is paid from a filing fee col l ected from the appl i cant.`F 22-174 Fial.te7r. ��. Ftaya . '332 Poppy Ave, Corona del. N3xs CA 92625 05 2-181-17 . . .. 6 .......... Marton H. Willson 336 Poppy Ave. Corona del. Mar, CA 92625 452-281-18 ..........., Bruce Chandler 341 Hazel Dr, Corona dal Mar, CA 92625 052-1$1-19 Van Frank Investment. Co. 569 San Fernando Rd. ios Anne es, CA 90065 e 052-I81-20 • va ' Fran{ Restaurants Inc, 3 568 San Fernando Rd, Las Angeles, CA 90065 } 052-lel-21 052-162-02 ' Arlene 8. Clark 324 PoPpY Ave■ Corona del Mar, CA 92625 t } C-52 181 32 Grace J,�berto 328 Poppy Ave. Carona del Isar, CA 92625 1 052-181 33 Norman N, Til l ner 324 Hazel Dr. l C, -aria del Mar, CA 92625 052 ' `2-22 & 31 I Katherine S. Finch } 344 Hazel Dr, Corona del Marl. CA 92625 � eryy & 3 Q i 052—jet-25 ! Dbvid G. Friva • ` 17315 Sunset avd. s 1aciiic PIlisadea l. CA 9M72 452-18-2-26t 37 & 319 Robert Ja Cooper Jnnvs D. Rrry 332 Hazel Dr, 188 E. 17th Ste Carona del Mar, CA 92625 Costa Mass, CA 92627- 052 182 35 051312 39 Alice B. Hell -is, et al Albert E. Stockton 328 Hazel Dr. 286 Evening Canpon Rd, Corona del Ear, CA 92625 Corona del. Kar, GA 92625 o52-18r,Z 36 051 312-40 Eleanor M. Edwards 2-55 Dven3nv Canyon Rd. Corona del tar, CA 92625 052-191--14 J. L. Rormaw 261 Evening Carum Rd. Corona del Mar, CA 92625 052 191 15 Rob -art W. SchoUer 265 Evening Caryon Rd. Corona del Yar, CA 92625 052 191-1b nary L. Fitz 411 Hazel 'Dr. Corona del Isar, CA 92625 051 311-03 Clyde E. ZuIch 416 Pop.y Ave. Corona del Mar, CA92625 051.311-04 E. Cecilia Hester c/o Charles W. Vasters P. 0. Box 116 Corona del Mar, CA 92625 051 311-17 & 18 Delores 1). Gallo 462 Seaward Rd. Corona del Yar, CA 92625 051 312-M Union ail Cotmany of Caul.. Presnert7 Tzx Division- P. 0. Box %00 Loa Angeles, CA 9Ca54 051 312-49 50 Meredith A. Harwood 411, Poinsettia Ave. Corona del bar, CA 92625- 051-291-45 V. Jan. Homan '10 Poinsettia Ave. Cornea del tsar, CA 92625 051--291- C6 Harry V. 'trim 1955 A-liso Ave. Costa Mesa, CA 9262T 051-M-4Y7 James G. Gallagher 310 narcissus Ave. Carona del Year, CA 92625 C51-29111 Earl m. Brady P. 0, Box 304 Corona del Mara CA 92625 051-291 12 &22 D. Bartell Jaaobaen IM Part Y,'hccl.er Pl. Newport Beach, GA 92660 051!/ rt_-13 James D. Ray Grace M. Krt�L 1., 20 Cortland Ave. 413 PoTmY Ave. Corona del Marl. CA 92625 r Corona del. tsar, CA 92625 �_ 0513L2-0I� =114�1 F p-291-23 22-175 .L'. :3. Clarice C. Caris 411 Poppy Ave. Corona del 1-hr, CA 92625 ?ea J. Fracrdosy 317 Popsy Ave. Corona del. t:ar, CA 92625 051-291-24 052-161-19 Hasy F. Iney Benlam n J. Lillegraven P. 0. Box 261 321 Porf7j Ave. Corona del F`.ar, CA 92625 Carona del Mar, CA 92625 052-161-01 052 161-20 - •.. •Ill....e.. 1. .. [,..• ..Robert C. IMer Betty GiannW 330 Poinsettia Ave. 323 Poppy Ave. Corona del rar, Ck 92625 Corona del liar, CA 92625 052-16i-o2 052-i6i-2i ............1,.,.1... <<:. -'Spencer Crump Dorothy R. Phillips P, a. Box 38 222 Poppy Ave. Corona del t•Ku-, CA 92625 Carona del. CA 92625 052-161-03 052-1.61-22 .................. . „ : .. Louis A. Arcangelo Rorer F. tlarin 32-4 Poinsettia Ave. 327 PoPpY Ave. = Corazra del tar, CA 92625 Carona del far, CA 92625 052-ift_% 052-161--23 Elizabeth F. Paulin • -322 Etna M. Proctor Poinsettia Ave. . 331 Ave. Corona del, Far, CA 92625 Coronnaa del tax', CA 92625 052-161-05 ............ I............ 052--161-24 Marian urns .320 Poinsettia Ave. Evelyn C. Richter Corona del tar, CA 92625 333 Poppy Ave. Corona del. Var, CA 92625 052-161-c)6 . ........................ rF. IGrO.= 052--161--25 John 318 Poinsettia Ave, Joanne H-. �Iathey 61�2 Ca1le -" Corona del tax, CA 92625 de l.aa Ardgfls Santa Barbara, Ck 93105 052-161-07 , �..ar.... .......... 052-162-01 .. John Ko Robins on _316 Poinsettia Ave. Cor= del. tar, CA 92625 : 052-161- W :..........l ....I......, ;,'.Donald S. Clark .. `, 1066 Sun Fa5qua.1 St., Apt. #1 Rasadena, CA 91106 _ i ��IV Otx �keNA' P��"F 0,2 161-iS .4 22-176 -re sans RZ-i41 - _ - - •`'�, f ... ;:.1 Please note carefully tt�`,,ility Exclusions and l.imitadvns and sp.��Co _wsurances allorded by this guarantee. ;if you wish additional liability, orassurLeas other than as cart- Valned herein, please contact tha Company for further information as to the avaiIabii+tyand cost. Plant Service Information Guarantee �MA T"'W RNSURANCE ANDTR lsr Title Insurance and Trust Company �MF MUMNY a California eotpuration, does hereby guarantee Philip lbntambl.e 557 North Pine orange~ California P 5022 . z M, • On.. Ref, VART-A E REFM Who, by requesting this limited guarantee agrees that the liability of the company hereu-nder shall not exceed the liability herein stated and shall be limited to actual loss if less than said amount, that, as appears from an examination of its lot books or property indices, inlernnation as to the matters herein speed per- taining to land herein described is as follows; Names of owners, addresses and Assessors Parcel. Nos. of property located within a 30D foot radius of Assessors Parcel Nos. 052-181 31 are attached. �' � rl� ,_!-3, !'`��Y y � ��•' x � r~tom - �cn : . . n , — AND NID guLLM Ceps g� aba t;, te�ilidity, legal effector priority of any matter above -;bMVn, and if the infor- mattitm r�c'y�iles &f5!?grerl to a street address, no guarantee is made that said land is the same as sai �• nr."c�ir-fit V74 Co' 7:30 A.M. MUs Insurance and Trust Company �I i tf � °�F'i rE f5 ��'r• \�- � �]' � � I t �•aaa**� �*�' PRFZIDE NT EL E5Ity ot N. e%SIECREMARY 1- 22-177 00 t QN COAST .. f, 4 Jw M� PI B rZ r ow M. cc WIsm `461 SIN [� (9-6 SID ob is y Lo co Dr 22-178 WJ w tA Rem 7,, V V�C y SiCANp�: ti 22-179 P L4 t)- 117- GE aoc pl - 9S. PT, P&FJTPP-ml ApM S&L m,4"s sLMIL." (.'* S*41wcb am.10 Tyl. adt'alLad wlV, 1111"m-firL;A mt5- .To .1w phi a ar-1 "oil ppWpwis-uri gell 140 �.tirlo wee rpa P LAD 6.; 1 r- . AA r, h BaC-0D FLR PLAkl. . rad�aecs2u-JTGMIE*1� IQ r4 41 w RON am cn -milli 22-180 a� - arN i.o � � a re7 — c..'• a:rm, ar xa�.�. •r • icvv _. ! � = Tq ❑ 1 i Q❑-,d. ICJ H❑ 1 I.?- �' fl 22-181 :]�o��r"..c+'rui-� °.CT.W� 1.'r��� ` sv.wi-•i�ia.s2�-+`.. w. r � .- Y o tl TA pry" :: � •` .� _a ;.p71 ❑0 — r. 3— 1 +, - _ 22-182 . �—.— - --,. - f. -. - 7 - - �'l N V'l n W.L Q'a 22-183 "'Mm" W lows. 30 g. 22-184 OHf o�Y. f'R7`da K �r[2,�7ad1s ti 4� xe!'l�tc6 serrrce �I !/BH, ri-pl! 7.sf J'7.Gr z g.rxr.s � 2 � h r s,"- ti 2.S�xG 1 c_ae�n f.Bnr TCl�i- ar. o' o ��frya w �g_sJ t — ICY. MuPIuC- �r�- C;I `v of Newport Beach 22-185 lam 22-186 6. Xr,.r la..r vie I :e� .. I OL 4 0a.", Z.X FIB H51 C-15r�c� M-C; WV4",%l CA-L-r-c"Pol 22-187 . i I1 II 1 a 11 r�r •S ` nL I "S i tr f has .�! i —,• � -- — -- ® �r} � Flo l iX. 1 I Pk F :.y. _ ice;: ;�_.. _ - ;.v •_ � - - _ �_r'F.ca'sir.��.�'.c_•..;:,.r.C'-%..�-��,.�e..,'-:�::.......�....�Surse._.....:�i�.:dti.�x.;•:.:.�... .. ..} .. ...-r .. �-...�-.r- .. 22-188 n I 0 rc}} r � kk s y4 r: 1 x o - - } u �i •�an _ 22-189 22-190 A 22-191 '�,, _ _ ,f s;. Yip_.. �; •� jf - F ��y Q� �• {•� � ,x��� j .4 .1! . .��:: o � • X '�_�i.�T -.•r,•a:'7�a`"s�.�•' •I:R •�ls - - - � � �:. *,;� a '? �-�'�'_."• -*- '�d�ryF �_ _ At yy - — _ �' { • 7,• • L�� __ _ vet :.•.:e. - 7d. -a _ DES' - _ - —__ -__ _ '�':, :^ ..i.'+"�' G-a' �-� •:�_. _ �i'."rrr S:'i c N.r•.1: �r..-.�:•:;;t :''' ,�a ;fin`'' Ri=. M i�'= "._ d - r , T7_J ELI: ry:"' _*—.a,3�r& `� .ri;�* jai• .f 5. _��` - . is - - - F"`�_ .tea r.>;`� kr �� Yr :• �r=% �: p G`, a.�,�'. - f - - •.c: i" � .}�;�}:'y �'-y ' jib": :i 1 . - •:.V"-.•f.:-.. -t k_. , ...:;y.�l• �'+,' ��.:.. .1 ' _ :' F'F. +. :11�'•: �'-• • � q •t+y _ Y� 1 - i _ Jfe7 i'y 1 v. :g g a• 1' I Jr 1 t ,N :c i 22-192 r 22-193 " 0 - 0 f I 22-194 I 0 0 t A ►� a � � � 2 �1 new• W' � �vb ra �j '!• ..w �1 � Y Jl s j 5 I�r - y v _ � �,�t 22 F e 4qL � r p r�f y d � '"• x� } �• •-n't �PYYP '! a'p �lyy �� !i � I}�% ���F�Ip fps' s'S �y b g; A Y I �� a 1 I €13 v G7 L� W I 22-195 22-196 22-197 22-198 „ - - c ' .. - ems. _ �Y:.r •v:F y��.• "R: .'�^rh. � •- - gin'-_' •'�� , .[ti{ CL 71 ��. - , ., ��. _ - _ ,•_,;};,fit. �� - .. .f' ,'3 �- n� • Yam. n Y•N C _ - r �:� -'�-. i nn �szz �.,.�2� - G'y.iFr, �''y'-}��i i.v�Q:ll�,��”, '•"-+ _ .I�. .- - "y`^):-�:"Ea'?nlrs'+:.r.,-`;• �.=.: F�'��i.:�r4Y.?-' .�`a_.':�., _ �� .. - - tiw• �1�r"trM-..-�.r�, +5=:]=�•..:`;-vr:L r.:' ;Se•.s:�i•� =;A �`.Ti'�F n,C - .F .•['.• i' Sv' ar�i�-ew-... ''}I-:� y.. •. _ - r``� rT _.. -JA • .Ni. :e : �ry.� .Y �'•;�.Lt�r '�. s� �,•(•.,_ "w �;r. - .'S�'i Tom. "4:d• '.'!, {.. a.'!• � f S.. _- • x:.` tf _ 1-{'=�h • ' S. ��P.. � �-�� . sr<, i m x fti3 50 r '+:. r; ����r'.•�l�s�'`�,^ µ- Yee $- r� �+�-`�?:``I INN_ '1 i� 1'�C :!CIS L,` Tom,,,: _ �'1 �•.. . -x• ,r 't S �.l Yam' -r+'� x,"e -=' •�� r iL P , yy ,� - - c ` • �,' - - - .ate-'.�gq.;.�:. _ r .7 d.:. sx; .F� :r - F. is �?2c��•�:- :D°a`�.r.�• .- -. .. ... .. .-.-.... .. ...,_. .. - :.tom 22-199 - I �rK ���;r-+�oR.� f � •ice ' �- � - ''�' . ` - _ Ri:�'.3 n 0 •.Y 0 22-200 7 1�- $ al: sfi: z r :�; rs ri:{ayxf'^ �T�,=y: r =•s • - �°. ��-,iTnn�}.�r-'.•nr.� - �.�,jtrN��f.-.�-.�. ,_y:. .'.:.L:' 'f�J.•r •a�J� Y•: iy.t'r• �}:iF T t��_,.f'.'��; r�, �� ':r:='r'���_.::e �.� r p�€9I.ai • r.�. �c: pl' la E"�i°� t' 136( ° a� ' x •pie �"I;; !MR141, r! I �i�, s } 4.11 �,eEi al€ fib I{-, ! €11 i 1 i 1#3 !ii iur{Ilaf 1 s�! �.#�i�i5•, �, i� A� Fli i��ldl�•'+! =i` €•. ��� €l3� 1°g 3'' �'ii° �pl ad•gg I ��1'!�s 1� �eF I I'- E1 I° I i l i l i• � 1 c•ils, I 1 , s 1€!: iief 3I{'lallz' 1' !; ry�f• sl 3�.7 l€1'e s it'll 1�1$ l �i Eli�ey ( aeEi i i1 f l I S i 3 lil g it•�..' 1# k I €-.- 1IICIe F �1tti .� 1 g I I€q 1# 3kd cl 1 dl E 1'' ° ¢I A 1 #€`?_: a�il,i�`I '11 l . 1 i,u, . ��'. i3• y�€ �i�gi}����i��{-�ej-' � 1;1;1 F E 1- IEi: °� ti€•}}� 9-E d�lt�!, ���. ■..�°'!�.'�if¢'!d � 3di !1�_� I}�� Vie€ 3.�a�� i' # � �°i i F� ' i� #Ili. � �i ° a � �i3' !�} � €fill Y��.�.� ,T'�!•,'Ti+}1.:i .. ''Ei! i.� ll..'6'!�k i '� '.,�h';R��1�'.:..:t_ - 1'°€1'�lilP9}i-iF �ypi �s �d �� { •"1 I�! � 1' E>: 11{! i I� I�EI-� E' 3 , �{{�ii� #•.�-' !{-c � }:���`i � �r�;° ' 1� li '�i't�`�.k � l l,} �,7���i .. �� 1 e �7;J 1 ��1�•� 1 k ��W `,M�L I'`!'�.� ���1 +'� ia1� �: }Y�i IE.E II 11 �' �-� i ���i+•L' I f � }� iiuF II i i i. i7. I `: !II 1€ M'4Ni I . `°..} Elfa5t !14 ';3.! I P 1'_ �' •[ I� Ji. j u.rr. ! x. i4:11�3 ' J I }• i i - `s f k. P k _ g • _ - ems.`-x� V�: � - I�{.p.. 1 _ •YY,�•F:y; _ Yj I �, _ - _-yis���:u:� -_E�: - s ram; v^*• - .��'•i„ry'`-::� _ .���:�':�.g � y�'•:�='��(•�-7�.• .Yy • '� �s_ ._vs' .�§ .t.'..�a •� '" I I .,52$ YY.9::.. .pin• •..'tt(,,'/j! "_is�a:�.Ft:+:."7�Y_FiwY�'•r..'-'.'--i�i.9'•.{F �:.G••'v f ''�1,'F%Yry..._ -s •. u.u.a .- ti=ss °it�!': - �K%�t,. ..S:iai,ws:.- _ .' .n.�sli w.. .r-- .•}Ax%+ ��.. ty`��ti .. -.. •Y .-: 11:4r. 22-202 Exhibit D 22-203 ❑ocusiq_n Envelope Id. 552B©CCA-C996-4FFE-13755-P"-9738E168a o�ER7:; COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION +'r > 100 Civic Center Drive, P.Q. Box 1768, Newport Beach, CA 92658-8915 949-644-3200 t www, newportbeachca,gov •r --- tir '• �tic�pl`' COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY TEMPORARY USE PERMIT ACTION Subject: Five Crowns ETUP and ECDP {PA2020-227) • Emergency Temporary Use Permit No. UP2020-128 ■ Emergency Coastal Development Permit No. CD2020-110 Site Location 3801 East Coast Highway and APN 052-162-02 Applicant Rose Stone for Five Crowns Property Owner FPV II Partnership On August 26, 2020, the Community Development Director approved Emergency Temporary Use Permit No. UP2020-128 and Emergency Coastal Development Permit No. CD2020-110. This approval is based on the following findings and subject to the following conditions, SUMMARY OF PROPOSED OPERATION An emergency temporary use permit and emergency coastal development permit to allow 1. An expanded 1,350-square-foot outdoor dining patio within the an existing covered patio and garden area on -site. 2. Curbside pick-up operations within the off -site parking lot located at APN 052-162- 02 southwest of Poppy Avenue and East Coast Highway- 3. Three 30-sq.ft- banners advertising modified operations for a maximum 60-day duration- One Kanner is located along East Coast Highway in front of the restaurant. one banner is located along Poppy Avenue in front of the restaurant; and the third banner is located within the off -site panting lot advertising curbside pick-up. 4. One 6-square-foot A -frame sign located within the right-of-way along Poppy Avenue in front of Five Crowns, II. CEQA DETERMINATION The proposed operation is exempt from the California Environmental Quality Act (CEQA) purSLiant to Section 15269 tc) (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 22-204 DocuSrgn Envelope JD: 5y280CGA-C8964FF8-8755-P- 9738E 1088 Five Crowns ETUP and ECDP (PA2020-227) August 26, 2020 Page 2 existing pubic or private structures, facilities, mechanical equipment, or topographical Features, involving negligible or no expansion of use_ The Class 3 exemption includes a store, motel. office, restaurant, or similar structure not involving the use of significant amounts of hazardous substances, not exceeding 2,500 square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for such use. The project includes a 1,350-square-foot outdoordining patio area expansion to an existing restaurant and is within the parameters noted for these exemptions and will not have a significant effect on the environment. There are no known exceptions listed in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions. III. EMERGENCY TEMPORARY USE PERMIT FINDINGS In this case, the Community Development Director has found that the temporary use would not create a hazard to the health, safety or welfare of the community for the following reasons, The operation authorized by this Emergency Temporary Use Permit and Emergency Coastal Development Permit is temporary and only valid during the emergency order established by Emergency Ordinance No. 2020-005. 2. The project, based upon the applicant's project description, approved site plan, and 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 sociat distancing. 3. The permitted use shall adhere to applicable State of California and Orange County Health Care Agency guidelines forthe 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 ❑ivision, and the Public Works Department. Conditions of Approval are included to help ensure this operation is not detrimental; 5. The proposed operation roes not constitute an increase in the overall occupant load beyond what the existing Use Permit andlor Certificate of Occupancy allow; 5. Ali adequate supply of parking is available to serve the subject business and surrounding uses. 7. The proposed operation does not extend any hours of operation beyond those currently permitted by Use Permit No. UP1078 and UPS 822 (no hour of operation limitations). 8. The permitted use must be operated in compliance with applicable State Department of Alcoholic Beverage Control (ABC) requirements. I mpu' 06IM2020 22-205 bocuSign Envelope !a: 552$1DCCA-C996-4FFB-B755-s `173BE1088 Five Crowns ETtJP and ECDP (PA2020-227) August 26, 2020 Page 3 9. The overall plan includes appropriate delineation of outdoor use spaces with temporary physical barriers or markers. '10. The proposed operation is conditioned to be accessible to all persons, including those with disabilities, in accordance with the Americans with ❑isabiiities Act (ADA). EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS 1. The COVI❑-19 global pandemic has created a National, State and Local emergency that is more fully described in Emergency Ordinance No. 2020-005. The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal Code (NBMC) Section 21.52.025 because immediate action is necessary to allow commercial business and institutional uses to re -open consistent with State and local public health guidelines designed to reduce the spread of COVID-19. If immediate action is not taken to properly regulate the re -opening of commercial business and institutional uses, the spread of COVID-19 will likely he 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 Only that specifically described above and depicted in the attached site plan is authorized, subject to the conditions set forth below. Any additional changes require separate review and may necessitate separate authorization from the Director. The expanded dining area shall be in substantial conformance with the site plan and seating layout provided in Attachment No. CD 4. 2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions and any restrictions set forth in an applicable discretionary permit regulating uses, nonconforming uses, development standards, parking and permit procedures that regulate the use and development of private or public property operations are suspended only to the extent that these provisions or restrictions set forth in a discretionary permit conflict with the terms of this Emergency Temporary Use Permit. 3. If the proposed operation is using any portion of the public right-of-way. the Applicant shall obtain and maintain liability insurance for not less than $1,000.000 per mplt' Mrf2212Q20 22-206 QocuSign Envelooe I❑ 5526D0CA-C996-4FF6-H755-f'-973SE1088 Five Crowns ETUP and ECDP (PA2020-227) August 26, 2020 Page 4 occurrence and as specified by the City's Risk Manager-. All liability insurance policies shall specifically include the City, the City Council, its employees, and agents as additional insureds and shall be issued by an agent or representative of an insurance company licensed to do business in the State of California, which has one of the three highest or best ratings from the Alfred M. Best company. All insurance policies shall contain an endorsement obligating the insurance company to furnish the Community Development Director with at least thirty (30) days written notice in advance of the cancellation of the policy. 4. The expanded outdoor dining patio shalt not exceed 1, 350 square feet. 5. Banners and A -frames signs slut/ he pasted for a maximum of 60 days (through October 25., 2020). 6 The existing allowed hours of operation of the establishment shall not be extended. The hours of operation of the area modified as part of this Emergency Temporary Use Permit shall not extend beyond 9 p.m. 7. The use of amplified sound within the temporary area shall be prohibited. 8 All dining tables shall be separated from other dining tables and/or waiting areas by a minimum distance of seven (7) feet to ensure proper social distancing is maintained. 9. The Applicant shall install and maintain a physical barrier (biock walls) between any area used and adjacent pedestrian walkways. 10. The Applicant shall obtain and maintain authorization from the State Department of Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of alcohol is under the control of the Applicant. The establishment shall abide by all applicable regulations of the State Department of Alcohotic Beverage Control. 11. The sale of alcohol "to go" to patrons that dine within the restaurant or expanded outdoor patios shall be prohibited. 12. The establishment shall abide by all applicable Orange County Health Care Agency requirements. 13. Establishments that provide food service, shall abide by the COVID-19 Industry Guidance: Dine-tn Restaurants provided by the California Department of Public Health and Department of Industriat Health. 14. The permittee shall provide adequate trash receptacles within the permitted patio shall and the operator shall provide for periodic and appropriate removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. IT1pk 05122/2020 22-207 aocuSw Envelope Id 552B1)CCA-C996-4FFB-B755-t' `173BE1088 Five Crowns PTUP and ECDP (PA2626-227) August 26, 2020 Page 5 Building 15. Any areas used tar temporary commercial or institutional use shall be accessible to disabled persons. a. An accessible path to all functional areas shall be provided. b. Access to restrooms shall be provided at all times. c. Accessible parking stalls shall not be used for seating areas when on -site parking is provided. d. Detectable warnings are required when pedestrian paths cross or are adjacent to a vehicular way where no physical barrier are provided to separate the two 16. Provide not less than 5 percent accessible seating at tables and counters with knee clearance of at least 27 inches high, 34 inches wide, and 19 inches deep. 17. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above the finish floor. 18. All exiting paths shall be a minimum 36 inches free and clear. All public walks and sidewalks shall be a rninimum 48 inches free and clear. Fire 19. Fire lane(s) shall be identified on the plan. 20 Parking, displays, seating or other obstacles that interfere with emergency vehicles and personnel shall not be permitted in fire lanes. 21. Vehicles are permitted to stop in fire lanes awaiting service or delivery provided that the driver remains Inside the vehicle and the vehicle is ready to move immediately upon orders from emergency personnel. 22 All Fire Department devices (fire hydrants, fire department connections, water valves, etc.) shall have a three-foot clearance in all directions. 23. Fire Department devices shall not be covered, blocked or otherwise hidden from plain view. 24. All building exits shall remain free and clear of any obstacles that would impede exiting from a building or suite and accessing the nearest public right-of-way. Public Works 25. The Applicant shall install and maintain a substantial physical barrier between any area used and adjacent to any street, driveway or parking area. T mpir 050212020 22-208 Oocusign Envelooe ID. 552BDCCA-c996-4FFB-8755-P -'g73BEIG88 Five Crowns ETUP and ECOP (PA2020-227) August 25, 2020 Page 6 26. There shall be a minimum of 5 feet of space around all overhead facilities, such as poles, and 15 feet of space around all underground facilities, such as vault lids, manholes, vent pipes. pad -mounted transformers, etc. 27. Seating or structures below overhead conductors and/or under the 'drip line' shall be prohibited. 28. Public eating/dining at tables shall not be situated on top of energized vault lids energized underground structures, or next to vent pipes, etc_ 29. Expanded outdoor dining areas shall adhere to the SCE clearance decal examples provided in Attachment No, C❑ 3. 30, The Community Development ❑irecto r or designee may inspect the modified area at any time during normal business hours. 31. The Community Development Director may immediately revoke this permit if the Director determines that there has been a violation of any condition of approval. Any revocation of an Emergency Temporary Use permit shall be deemed effective upon the posting of a notice of revocation at the site of the business granted the emergency temporary permit. 32. The Community Development Director may modify this Emergency Temporary Use Permit. The Director shall notify the applicant of any proposed modification and a decision to modify this permit shall be deemed effective upon the posting of a notice of modification at the site of the business granted the emergency temporary use permit 33. This temporary authorization shall expire fourteen (14) days after the emergency order established by Emergency Ordinance No, 2020-005 is terminated or repealed, or 50 days from the date of authorization, whichever is sooner. The Director may extend this approval for an additional 50 days for good cause. 34. Upon termination or repeal of Emergency Ordinance No. 2020-005, the Applicant shall immediately work to remove the temporary improvements in a timely manner and shall restore the expanded area back to its original use and improvements, 35. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers. employees, and agents from and against any and all claims, demands, obligations. damages, actions, causes of action, suits, losses, judgments, fines, penalties, 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 this Emergency Temporary Use Permit and Coastal Development Permit for Five Crowns Restaurant. This indemnification shall include, but not be limited to, TmplL 05/22/2020 22-209 QocuSign Envelope IQ552BDGGA-G996-4FFB-B755-s' ,I173BE1088 Five Crowns ETUP and ECDP (PA2020-227) August 26, 2020 Page 7 damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. V. APPEAL This decision may be appealed by the applicantlpermittee 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 ❑irector. Makana Nova, Senior Planner Attachments CD 1 Filed Application C❑ 2 Written Description C❑ 3 SCE Project Decals C❑ 4 Site Plan Layout Applicant and Permit Recipient Acknowledgement and Agreement I Hereby acknowledge that I have received a copy of this permit and that i have read and understand the permit and all conditions. I hereby agree to operate the authorized use consistent with this permit including the project description, approved site plan diagram, findings, and conditions of approval. This is an approved and executed permit and it constitutes a contract between the City and Permittee for all purposes. Rose Stone GM f %%g[J,�WRlicant name and title PSG sfb 'L, 8/2 7 /2020 �aa Signature Date TmpIC 05122)2020 22-210 DocuSign Envelope ID: 552BDCCA-C996-4FF8-8755-P '173$E1088 Attachment No. CD 1 Filed Application 22-211 DoeuSign Envelope ID:552BDCCA-C996-4FFB-B755-r 973BE1098 e,�,vvnr�Rr o� # Community Development Department ti 100 Civic Center Drive > x Planning Permit ► pplication 1Vew{7ort8each, G 949nE4492660 320� �++.,F❑ rtr`r newportbaachca.govlcommunitydevelop ment K Ka Check Permits Requested: ❑ Approval -in -Concept - AIC # ❑ Coastal Development permit ❑ Waiver for De Minlml. Development ❑ Coastal Residential Developmew ❑ Condominium Conversion ❑ Comprehensive Sign Program ❑ Development Agreement ❑ Development Plan ❑ Lot Line Adjustment ❑ Lot Merger ❑ Limited Term Pearrnir - ❑ Seasonal ❑ < 90 day 0>90 days ❑ Modification Permit ❑ Oft -Site Parking Agreement ❑ Planned Community development Plan ❑ Planned Development Permit ❑ Site Development Review - ❑ Major ❑ Minnt ❑ Parcel Map 's Parcel No(s) ❑ Staff Approval ❑ Tract Map ❑ Traffic Study ❑ Use Permit -❑Miner ❑Candanonar ❑ Amendment to existing Use Permit l] Emergency Temp. Use PefrntVCDP ❑ Variance ❑ Amendment -❑Coda ❑PC ❑GP ❑LCP ❑ Other: 13801 E. Coast Highway, Corona del Mar, CA 92625 1 Project Description and .justification (Attach additional sheets if necessary): Permission to use the patialgardenlcurbside pickup and banners as per CCVID-19 restriction exemption. 4. Applicant/Company Name I Five Crowns Highway Coast Hi , gy Mailing Address 3801 E_ � Suite/Unit City Corona del Mar _ State 4 CA Zip 92625 949-760-0331 949-760-3987 rstone@lawrysonline.com lawrysanline.com Phone Fax Entail ! _ 5. Contact/Company Name Lawns Restaurants, Inc. f Mailing Address 1 225 S. Lake Ave Suitelunit 115a Pasadena[CA 91101 City -. — -- - _ State Zip Phone 626-714-4522 J Fax I i Email jgapud@lawrysoniine.com -- 6. Property Owner Name FPV II Partnership Mailing Address 225 S. Lake Ave Suite/Emit 1150 City I Pasadena i state CA zip 91141 Phone 626-714-4544 Fax Email i sfostor@lawrysonline.com 7, Property Owner's Affidavit": (1) (We) I FPV II Partnership - depose and say that (1 am) (we are) the owner(s) of the property Pies) involved in this application. (1) (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. ' Managing Partner 05)0812420 I Signaturejsj: �' y Title: 9 9 � Date: I f i I I Slgnature(s), Title: Hate: 'May tie signed by the lessee or by an authorized agent if written authorization from the owner of record Is filed concurrently with the rappliemium please note, the owner{sj' stgnature for Pareel[Tract Map and Lot Line Adjustment Application must he notarized. �wnn.Ic VQatawsors GDo%snSremAdmrn)Punning-l]rvrseunhnpplieetonslco d,1P application updaimpian" Aeml Appllcanon - Caved-19.uoex Ray, OV182020 22-212 DoouSisn Envelope ID: 552BDCCA-0996AFF8-8755_P 173BE1088 Agreement to Provide and Maintain Liability Insurance for Temporary Use of Public Property Agreement to Indemnify defend and hold harmless the City of Newport Beach Emergency Temporary Use Permit No. Business/Permittee; Address/Location: 3801 E. Coast Highway, Corona del Mar CA 92625 Unless otherwise indicated, I will obtain and maintain commercial general liability insurance on an "occurrence" basis, including completed products and completed operations, property damage, bodily injury and personal and advertising injury with a limit of not less than $1,000,000 per occurrence. This insurance shall be endorsed to name the "City of Newport Beach, the City Council, its employees, and agents" as additional insureds, and provide that this insurance is primary and non-contributory with any other insurance or self-insurance available to the City. Permittees shall also maintain workers' compensation as required by the State of California with Statutory Limits, and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury or disease. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the "City of Newport Beach, the City Council, its employees, and agents." If permittee maintains broader coverage and/or higher limits than the minimums provided in this Section, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the permittee. All policies shall be issued by an agent or representative of an insurance company licensed to d❑ 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. I understand the City reserves the right to require a permittee to submit the requisite insurance documents for review at any time. Permittees shall agree to defend, indemnify and hold harmless the City and its employees from and against any and all 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 the issuance of the 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, or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding.. An approved and executed permit constitutes a contract between the City and Permittee for all purposes. On behalf of the business/permittee: Ryan 0. Wilson, CEO Print Name and Title Signature Date 22-213 ❑ocu5ign Envelope Id' 552BlDCCA-C996-4FFB-B755-? 173BE1088 Attachment No. CD 2 Written ❑escriptiOl} 22-214 aocuSigr Envelope IQ552BOCCA-C996AFFB-6755-P 173BEIQBB Project ❑escription — Please {provide a written statement describing what the business or institution plans to do beyond normal business operations. Describe the following (as applicable): Any physical improvements or activities planned and where they will be located. Measures the business or institution will enforce for employees and customers to reduce the potential to spread Covid-19. 1. Guest Reservations are required 2. Guest are to wait in thelr cars until their table is available. 3. Added stand up hand sanitizer in lobby and all restrooms 4. Guest are required to use face covering while walking to theirtable and restrooms 5. All co-workers are required to use a face covering at all times 6. Tables are spaced at least 6 feet apart 7. Physical distancing markers in place 8. All doors are open to limit guest touch surfaces 9. Curb -side pickup/Drive through available with contactless payment system In place in Valet lot 10. Tables are not set until guest sit down 11. Single use menus and pens are in place/QR codes available as well 12. 0nly one co-worker can be at the table during service. Limiting number of touches 13. Staff are required to use gloves when bussing tables as well as washing their hands every touch of the table 14. Table and chairs are sanitized after each guest use Hours and days of operation? Tuesday thru Sunday 4:30pm to 9:30pm, Closed Mondays Proposed occupancy? ■ 68 Patio and Garden Will alcohol be served or consumed on the premises? Please note, any alcohol sales outside of the existing premises must be separately approved by the Department of Alcoholic Beverage Control (ABC.) Patio/Garden area is within our normal ❑perating business ABC License Curb -side pickup: Closed container sales under current ABC Covid-19 relaxed guidelines- 22-215 Doos+Sign Envelope U 552BDCCA-C996-4FFB-S755-F '173BE1088 If you are creating exclusive curbside retail pick-up areas, describe how the operation will be conducted and if any traffic controls are proposed. • Booth/ Red tent has been placed in front of valet but structure. • Power is being used for electrical equipment • Guest are instructed to enter the valet lot on left side and circle around to hut, Driver side window can be rolled down to communicate guest pick up. Guest leave the Valet lot without having to leave their car. Flow of traffic is not impacting Poppy St. Op Valet is available on Friday and Saturday night to help with the flow of curb -side pick up and guest parking Number of parking spaces available? What other businesses use the parking supply identified? 57 regular spots with 2 handicap spots No other businesses are allowed to use this space during restaurant operation hours Describe any additional signs, banners or directional devices. 2 banners on front of building For notification of patio/garden dining as well as one for Curbside pickup 1 banner on the booth for curb -side pick to -go Arrow directional sign & A -frame sign for valet entrance and exit Describe any other relevant improvements or operational details applicable to your proposal. 22-216 DocuSign Envelope ID' 5528DCCA-C496-4FFB-B755-r 17313E1068 From: Rose Stone <RStone@Lawrysonline.com> Sent: Saturday, August S, 2020 2:53 PM To: Nova, Makana Cc: lojo Gapud; Michael Yager Subject: RE: Five Crowns-CdM Attachments: Five Crowns A frame sign Poppy & PCH Jpg; Five Crowns Crubside Pickup banner.jpg; Five Crowns Patio & Garden Banner.jpg; Five Crowns Valet booth Baner,jpg; FC GH Glass wind❑ panels to be removed.jpg; FC GH glass panels to he removed for open airJpg. FC Green House open flow to patio and garden.jpg; FC Green House glass panels to be removed.jpg; FC Green House glass panels to be removed with notes,jpg Fallow up Flag: Follow up Flag Status: Flagged [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Makana, Thank for all you help with this, I'm sending you all the photos you requested as well as information needed. Please feel free to call me if you have more questions. ■ Dimensions of the garden area for expanded dining = 690 Square Feet ■ Dimensions of the Patio area for expanded dining = 660 Square Feet ■ Total Patio/garden= 1350 Square feet • Dimensions of the existing canopy cover = 627 Square Feet ■ Awning height at peak = 14' 5" ■ Awning height at low edges = 9' 6" • Photos of the proposed banners to confirm their size (dimensions) and location • Five Crowns Curbside Pickup banner on front of the building 3' x 10 ` { On building front entrance PCH facing) ■ Five Crowns Patio & Garden banner open 3' x 10' ( On building front entrance PCH facing) ■ Five Crowns Valet booth Banner 3' x 10 (Valet lot, PCH facing) (booth is 8'f x 12') Banner wraps around edge • A framed sign posted PCH Corner ( removed when not open) 24" w X 36'H Phhot$s-of-t 8-Wenh8dining room whnraexpande d„_Aini—iis-r-eque4-ted- to-de•termine if these snares are "Open" nn0U9h A&QF4ktrqF - Grrne n hou e a Fed 79 75 Sq u are Feet L glass Ceiling 1-in ight at Peak —14" &- r - ❑mniz t of wipg , hniKCL tn_ I9n rmm�.�n�1 �� 7� Sni inroissa�_ �q�T�zr Rose Stone 22-217 ❑ocuSign Envelope ID: 552BDGGR-C996-4FF6-B755-P- '173BE1088 Attachment No. C❑ 3 SCE Clearance Decals 22-218 DocuSign Envelope ID: 5526DCCA-C995-4FF6-6755-F 173BE1088 SOUTHERN CALIFORNIA E DISON TRANSMISSION AND DISTRIBUTION BUSINESS UNIT Approved Decals June 8, 2020 22-219 ❑ocu5ign Envelope ID 552BDCCA-C895-4FF6-B755-P- '173BE1088 UNDERGROUND SERVICE ALERT Contact USA Dial 811 or 800-4224133 www.digalert.org/contact_ For Underground Locating Two Working Days Before You Dig 22-220 PocuSign Envelope ID: 552BDCCA-C996-4FF6-B755-F �73BE1088 MINIMUM CLEARANCES FOR PADMOUNTED TRANSFORMERS SEE DDS-3, 3-40 WINDOW El 6' WINDOW OR DOOR DOOR SIDE: 8' CLEARANCE, �~ MEASURED FROM EDGE F OF PAD, IS REQUIRED 7J] LL a PAD 12' STAIRWAY DOOR SIDE: 8' CLEARANCE, MEASURED FROM BACK OF ACCESS OPENING, IS REQUIRED SLAB BOX ROOF (OR OTHER OVERHANG) ,2 L NON -DOOR SIDES: 3` CLEARANCE; MEASURED FROM EDGE OF PAD, IS REQUIRED 3' PAD BUILDING WALL, STRUCTURE, OR FOUNDATION. 12" MINIMUM CLEARANCE BETWEEN PAD AND PROJECTION BUILDING FOUNDATION, NOTES: 1, AN 8' MINIMUM CLEARANCE IS REQUIRED ON DOOR SIDE OF TRANSFORMER FOR OPERATION. THIS AREA MUST REMAIN CLEAR OF ALL OBSTRUCTIONS INCLUDING, BUT NOT LIMITED TO, SHRUBS, TREES, GATES, FENCES, WALLS, SIGNS AND POLES. 2. PAD -MOUNTED TRANSFORMERS SHALL NOT BE LOCATED IN FRONT OF DOORS, STAIRWAYS, BENEATH WINDOWS THAT CAN BE OPENED, OR WHERE THEY WILL OBSTRUCT THE VISION OF VEHICULAR TRAFFIC 3. PAD -MOUNTED TRANSFORMERS SHALL BE LOCATED AT LEAST THE MINIMUM DISTANCE AWAY FROM BUILDINGS OR OTHER STRUCTURES TO ENSURE ADEQUATE SPACE FOR OPERATING, TO MINIMIZE VIBRATION HUMS, AND TO MEET FIRE SAFETY REQUIRMENTS. 4. A CLEAR PASSAGEWAY OF 12 FEET MINIMUM SHALL BE AVAILABLE AT ALL TIMES, IMMEDIATELY ADJACENT TO ONE SIDE OF THE TRANSFORMER TO PROVIDE AN ACCESSIBLE ROADWAY FOR TRANSFORMER MAINTENANCE. THIS PASSAGEWAY SHALL BE DESIGNED TO MEET H-20 (20-TON) CONSTRUCTION. 5. TRANSFORMER STRUCTURES WILL NORMALLY BE INSTALLED ONLY IN NONTRAFFIC AREAS. TRANSFORMER PROTECTION IS REQUIRED WHEN COMPANY EQUIPMENT IS EXPOSED TO TRAFFIC. THIS PROTECTION MAY BE IN THE FORM OF BARRIERS, BARRICADES, OR CURB, A CURB MUST HAVE A MINIMUM HEIGHT OF 6 INCHES AND BE AT LEAST 8 INCHES THICK AND ITS FRONT FACE LOCATED 60 INCHES MINIMUM FROM THE EQUIPMENT FOUNDATION, D54 22-221 DocuSign Envelope ID552BUCCA-C996-4FFS-6755-F '173BI-1088 Attachment No. CD 4 Site Plan Layout 22-222 uuldt�^�Puo"1 --- SK -Vd I T ru 1 3 1 °A 2 I � 1 a 0£4 m44 m z 9E C [p C Cr ra E C T �-le E r L Q U d to -�-"—•—•—•f—.—' 1 U4 o 0 � o Y v � � c Q w C to m Ln x � v v S C N a+ U f4 Ln v m C 'n rI 00 LO 22-223 W f �a r I 1 [ Y 22-224 IL Z 11) m a c w c Q, in L) u 0 22-225 106 ;MM6 14 g FIVE CROWNS (9) PATIO & GARDEN of OPEN -- RESERYATIONS ONLY; THEMECROWNS.COM '� -�.. CURbblu= DELIVERY 949,760,067-1 THEFIVECROWNS.COM C 22.228 Exhibit 22-229 r 04_ d F CITY OF NEWPORT BEACH r CODE CASE ACTIVITY REPORT (123-1914) Case Type: Code Enforcement Assigned To Jonathan Munoz Address: 3801 COAST HWY E Status: Closed Description: Five crowns: having a wedding with loud music. Activity Created By Activity Activity Comments Date Tvpe Name 06/18/2023 Jonathan Munoz 1st Enforcement site visit conducted by officer Aydee 06/18/2023 Jonathan Munoz Site Investigation 06/18/2023 Jonathan Munoz Issue Citation 06/18/2023 Aydee Inzunza Site Investigation 06/1812023 Aydee Inzunza Phone Call 06/24/2023 Aydee Inzunza Site Investigation W27/2023 Jonathan Munoz Phone Call 071OW2023 Jonathan Munoz Phone Call 07/06/2023 Jonathan Munoz Closeout Documentation Opened Date: 06118/2023 Closed Date: 07106/2023 Arrived at 5 crowns parking lot approximately at 9:29 pm and I couldn't hear mush noise from there, I called RP and he stated that the noise was coming from the track patio located on Hazel Dr s❑ I went around and parked city vehicle on the back patio on Hazel Dr and the noise was exceeding the DCB level. FIRST SOUND READING COMPLETED AT 9:54 PM, 60.6-68.2 DCH METER SET UP ON THE SIDEWALK OUTSIDE OF-. 2ND SOUND READING COMPLETED AT 9:57 PM, 52.7-72.2 DOB, I was in communication wIRP and I advised him of the violation FIRST SOUND READING COMPLETED AT 9:10 PM, 60.3-66, DCB METER SET UP ON THE SIDEWALK OUTSIDE OF-. 2ND SOUND READING COMPLETED AT 9:12 PM, 62A-70.5 DC6. I went down on Hazel and I was still able to hear the noise - RYA N WILSON- returned call, left vaice malI spoke with ryan wilson - citation was issued for noise violation. 07/24/2024 Page 1 of 1 22-230 NOTICE OF ADMINISTRATIVE CITATION CITY OF NEWPORT BEACH ~ COMMUNITY DEVELOPMENT DEPARTMENT _ Code & Water Quality Enforcement 100 Civic Center Drive, Newport Beach, CA 92660 949-644-3215 Name of Owner or Business: FIVE CROWNS 3801 E COAST HWY CORONA DEL MAR, CA 92625 Citation #' 12319-14A Case #: 123-1914 Citation Date: 0811712023 Time. 9:33PM An inspection of the premises located at 3801 COAST HWY E in the City of Newport Beach, on Saturday, June 17, 2023 revealed a violation(s) of the Newport Beach Municipal Code. THE NEXT LEVEL CITATION IS NOW PENDING AND YOU MAY BE CITED EACH DAY THE VIOLATION CONTINUES. OTHER ENFORCEMENT ACTION AND PENALTIES MAY ALSO RESULT IF COMPLIANCE IS NOT ACHIEVED OR IF YOU CONTINUE TO IGNORE THIS CITATION. CITATION - $200 IS NOW DUE AND PAYABLE TO CITY OF NEWPORT BEACH THIS VIOLATION(S) WAS ORIGINALLY BROUGHT TO YOUR ATTENTION ON Saturday, .tune 17, 2023, AND YOU HAVE NOT CORRECTED OR RESOLVED THE VIOLATION(S): NEWPORT BEACH MUNICIPAL CODE SECTIONS) / DESCRIPTIONS OF VIOLATI0N(S): 1 j MC 19.28.007, LOUD AND UNREASONABLE NOISE PROHIBITED CORRECTION(S) REQUIRED: 1) IT IS UNLAWFUL FOR ANY PERSON OR PROPERTY OWNER TO MAKE, CONTINUE, CAU5E OR ALLOW TO BE MADE ANY LOUD, UNREASONABLE, UNUSUAL, PENETRATING OR BOISTEROUS NOISE, DISTURBANCE OR COMMOTION WHICH ANNOYS. DISTURBS, INJURES OR ENDANGERS THE COMPORT, REPOSE, HEALTH, PEACE AND QUIET WITHIN THE LIMITS OF THE CITY. PLEASE DO NOT ALLOW ANY LOUD & UNREASONABLE NOISE TO OCCUR. -THANK YOU THIS VIOLATION MUST BE CORRECTED ON OR BEFORE Saturday, June 17, 2023. If the violation is not corrected by Saturday, June 17, 2023, additional enforcement actions such as administrative citations, administrative penalties, criminal prosecution and/or civil in}unction may be utilized to correct this violation(s). RECEIPT ACKNOWLEDGED BY OR MAILED TO, FIVE CROWNS on June 18, 2023. TAME OF OFFICER: Jonathan Munoz SIGNATURE OF OFFICER: , I(,//(I F��i �1�i11Ia OFFICER ID #. 3220 Printed: 6/18/23 Page 1 of 2 22-231 IMPORTANT - READ CAREFULLY LEGAL REQUIREMENTS Administrative Citation Newport Beach Municipal Code Section 1.05.020 provides for the issuance of administrative citations for Municipal' Code violations. For violations that are designated infractions, the fines are $100 for the first citation, $200 For the second citation and $500 for the third and subsequent citations for violations of the same ordinance within one year. For those violations occuring within a Safety Enhancement Zone, the fines for citations are $300, $600, and $1000 respectively. For Violations that are not designated infractions, the fines are $200 for the first citation, $300 for the second citation and $600 for the third and subsequent citations for violations of the same ordinance within one year. For those violations ❑ccuring within a Safety Enchancement Zone, the fines for citations are $400, $700, and $1000 respectively. For certain violations specified in 1.05.020(F) NBMC, the fines for citations are $1000, $200o, and $3000 respectively. Fines are cumulative and citations may be issued each day the violation exists. A warning, if issued, does not Incur a fine and, therefore, may not be appealed. Rights of Appeal You have the right to appeal this administrative citation within twenty-one (21) days from the date of service of the citation together with an advanced deposit of the fine along with a Request for Hearing form, which can be obtained online at www.newportbeachca.gov. An appeal must be in writing and returned to the City's Revenue Division to the attention of "Administrative Hearing Officer," A properly fled appeal will result in an administrative hearing. if you wish to appeal an administrative citation and can demonstrate an actual financial inability to make the advance deposit of the fine, you may file a request for an advance deposit hardship waiver within fifteen (15) days from the date of service of the citation. Failure of any person to properly file a written appeal within twenty-one (21) CONSECUTIVE days from the date of service of the citation shall constitute a waiver of his or her right to an administrative hearing and adjudication of the administrative citation or any portion thereof and the total amount of the fine. How to Pay Fine The amount of the fine is indicated on the front of this administrative citation. Prior to receiving an invoice from the Administrative Citation Department, you may pay online at www.pticket.com/nbadmin, by mail at City of Newport Beach Admin Citation Processing, PO Box 3926, Tustin CA 92781-3926 or in person at 100 Civic Center Drive, Newport Beach. Payment may be made by credit card, personal check, cashier's check, or money order, payable to the City of Newport Beach, Please write the citation or account number on your check or money order. For questions regarding paying a citation, you may contact the Administrative Citation Department at: (800) 696-3996. If the citation is not paid or appealed within the statutory time, you will receive an invoice from the City's Revenue Division Please follow the instructions on the invoice to ensure proper processing of your payment. Payment of the fine shall not excuse the failure to correct the violation nor shall it bar further enforcement action by the City of Newport Beach. Consequences of Failure to Pay the Fine The failure of any person to pay the fine assessed by the administrative citation within the time specified on the citation or on the invoice from the Revenue Division may result in a claim with the Small Claims Court or any legal remedy available to collect such money. The City has the authority to collect all costs associated with the filing of such actions. Failure to pay fine requirements may be found in Newport Beach Municipal Code Section 1.05.100. Consequences of Failure to Correct Violations There are numerous enforcement options that can be used to encourage the correction of violations. These options include, but are not limited to: administrative penalties, administrative cost recovery, abatement, criminal prosecution, civil litigation, recording the violation with the County Recorder and forfeiture of certain State tax benefits for substandard residential rental property. These options can empower the City to collect all fines, penalties, and costs incurred; to demolish structures or make necessary repairs at the owner's expense; and to incarcerate violators. Any of these options or others may be used If the administrative citations do not achieve compliance. If you need further clarification about payment of the citation, please email the Revenue Division at revenuehelp .newportbeachca.Qov. If you need further information about the violations and/or how to comply, please call the inspector designated on the front. A full description of the hearing process for the City's administrative hearings for Municipal Code violatlons and your rights in that process are found in Newport Beach Municipal Code Chapter 1,05. FormslAdmin Citation Notice 8123116 Printed: 6/18/23 Page 2 of 2 22-232 U1 ..8 m - Certified Mall Fair r9 $ Extra Services & FGes (cheek box, add fee as app►uprhate) Return iIr;cvlpt giap�Gapy� S L� ❑ Return Pe"Ipt dole uonlo) L Cerli find Neill Restrlated Dalivery d Adult Sigriatuto llequlred $ j= AdLIII Signature PosTrlmed DotiueFy S PG5tage m Otal Plu: 3801 E Coast H'vj rJ $ Sant To ��rC�I*1� del liar CA 92625 st jej at 12 31914 A S E Postmark Here 22-233 Munoz, Jonathan From: Orozco, Oscar Sent: July 12, 2023 10:38 AM To: Ryan Wilson Cc: Brian Stone; Munoz, Jonathan Subject: RE: Five Crowns Garden Operations Research Follow Up Flag: Flag for follow up Flag Status: Completed Hi Ryan, Thank you for your patience on my research on the discussion of the existing code and existing use permit for Five Crowns 3801 Coast Hwy. (UP1078 & UP1822). As approved the existing use permit approved the restaurant use and does not allow For private events. In addition, the private events would have required a use permit per the zoning code in the 70s when the use permit was approved. In order for the private events to he 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 ��WPUkr Assistant Planner 0 �� ���� Community Development Department ' Office: 949-644-3219 ► -: 100 Civic Center Drive; First Floor Bay B, Newport Beach, California 92660 d From: Ryan Wilson <RWilson@Lawrysonline.com> Sent: July 05, 2023 8:39 AM To: Orozco, Os car <oorozco@newportbeachca. gov>; Munoz, Jonathan <1Munoz@newportbeachca. gov> Cc: Brian Stone <bstone@law rysonIine.com> Subject: Re: Five Crowns Garden Operations Research Good morning Oscar, Thank you for the check -in message and please let me know if there is anything more that we can provide at this time. Officer Munoz, please let me know the best window of time to reach you to discuss the citation. I am working overseas again until next Tuesday so please bare with me but I will do my best to accommodate. Thank you, 22-234 Exhibit 22-235 ice CA D U ST I S f GI pert Rd, Suite 1-461 1197Q Office AC O g 0 SS, Angeles Ave, Suite C-256 Chandler, AZ 85249 Simi valley, CA 93065 P. (602) 774-1950 p.(805)426-4477 August 14, 2024 Mr. Mrs. Catanzarite 352 & 354 Hazel Drive Corona Del Mar, CA 90725 Subject: Review #2 — Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit August 15, 2024 — Expert Opinions to be Submitted to City of Newport Beach, CA Dear Mr. and Mrs. Catanzarite: MD Acoustics, LLC (MD) previously provided our first review of RK Engineering Group Inc. (Reports), dated 6/13/2024. Report 1 identifies "Typical Operations", and Report 2 identifies "Private Event" noises, Our initial review was submitted on 7/24/2024. A review of the Private Events Five Crowns proposes includes weddings and parties with crowds of 75 persons with sound amplification. MD has reviewed the City of Newport Beach's Noise Ordinance, Section 10.28.010 — Loud and Unreasonable Noise and notes the factors to be considered. 1.0 General Overview We have reviewed the Newport Beach Municipal Code including 10.28.20 sound amplifying devices are addressed including considerations of the hour, place, nature and circumstances of the emission (See Appendix A). Then 10.26,050 addresses Sound -Amplifying Equipment requiring a permit at 10.32.030 which sets out inclusion of the "maximum sound -producing power" at subsection J. It is our opinion that the Events require permits for the use of outdoor sound amplification equipment for control purposes and that multiple events, unless they would use the same approved sound equipment would require a new Permit. The reason is obvious because such systems are difficult to monitor and control with as Five Crowns proposes multiple providers of amplification equipment at their outside events including DJs, banks, drums, singers and crowds of people, we understand up to 75 at a time. Five Crowns propose to limit Events with 75 or more but not less than 75. However, a crowd of 40-70 persons with sound amplification equipment can be very disruptive even if limits are attempted. In addition, we have reviewed the permit application copy attached (see Appendix 8) which provides a cutoff time of &00 pm which in our opinion is more than reasonable. In our opinion the 10 pm time proposed 7 days a week for crowds less than 75 persons will be extremely disruptive to families trying to sleep for work the next day and children. The major difference in our review is our position that the use of sound amplifying equipment outdoors requires strict limitations on each Event application, In contrast RK and Five Crowns disagree and believe they can have a blank permit to fill in the blanks for varying types of amplifying equipment and producers. MD Acoustics, LLC 1N- 13692401 Peer Aaview#2 22-236 Review lt2 —Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit August IS, 2024 Expert Opinion City of Newport Beach, CA -Since the completion of our review, RK Engineering Group Inc. (RK) has updated the "Private Event" report, as well as provided a Response to Comments Letter (RTC) to our original review, both dated 8/5/2024. This Review 42 evaluates the updated 8/5/2024 RK Engineering Group Inc. study as well as the RTC as it relates to the veracity and accuracy of the noise impacts associated with Five Crowns. In addition to the general disagreement stated above, Ma also disagrees with overall findings in the RK Engineering Group, Inc. M❑ has identified at least five (5) major flaws in the study that underestimates the noise impact. In our opinion, the impact of the We amplified music for events will still materially exceed the City of Newport Beach's 55 dBA daytime and 50 dBA nighttime noise standard as outlined in Chapter 10.26. 2.0 Comments for the Report MQ has further comments relating to the report that should be addressed in this analysis as outlined below: MAJOR 1. The model uses an area source to define the loudspeaker noise across the patio area. A loudspeaker is typically modeled as a point source and not an area source. This is because the 5ounclPlan model places the sound energy across the surface area (area source) of the item being modeled. However, Table 3 identifies the sound level as a point source at 3-feet from the speaker. This is an inconsistent approach when reviewing RK's modeling approach. Table 3 identifies the reference noise level for "Private Events" at 3-feet from the noise source, as identified below. The study conditions the loudness of the speakers at 3-feet from the source at 80 dBA Leq and 100 dBA Lmax (see Table 3, below). Table 3 Maximum Allowable Noise Levels - "Private Events" Conditions' Distance from Noise Noise Levels Source Source (d8A) Leq Lmax (feet) Outdoor Patin r:jrse 3.0 80.�} 1 Q0.0 ("Private Events" S�en3rroJ ' The proposed project will implement an on -going nose monitoring program to determine the maximum noise levels for speakers and private sverrLs allciwed on the patio. Based an thrs i_zrelimirtar) analysis, noise levels on the patio should not exceed 80.0 68A Leq, when mnasuie`t fni a 15-riuni,ie peuod. ar IGO dBA Lmax at any time, when measured 3 feet from the snL,r[e As previously mentioned, a loudspeaker is considered a point source which is to say that the sound propagates from the point source and then spherically spreads across the patio. Ma Acoustics, LLC JN: 13692401 Peer ReJievvif2 22-237 Review #12 — Five Crowns Temporary Outdoor [lining (PA2023-0202), Limited Term Permit August 25, 2024 Expert Opinion City of Newport Beach, CA M❑ has evaluated the noise level for a single speaker where the sound level was limited to 80 dBA at 3-feet as shown in the Figure (below). MD utilized 5ounclPlan 3D modeling software. Figure 1: Single Speaker Noise Prediction 13692407_ 5 Crowns Review Noise Level Contours Levels in dB(A) 45 45 so so - 55 taffmb 55 - 6o l- 60 65 l- 7= 65 Signs and symbols Level table, dBA Buildings speaker Receivers wail LmSM male 1;60 ACOUSTIC; As shown in Figure 1 (above), even with the speaker limited to 80 dBA at 3-feet from the source, the noise level will exceed the City's 55 dBA Leq limit at the uses directly to the east (Receptor 2) at the V and 2"d floor. MD positioned the speaker in the corner of the patio however based on Mr. Catanzarite's observations experience the speakers are typically positioned along the south wail. The model shows the predicted exterior noise levels at the 15t, 2"d and 3rd floors, where applicable. It should be noted that this is for a single loudspeaker limited to 80 dBA at 3- feet from the source. But there is no stipulation on the number of loudspeakers or what happens if you have live music/instruments such as drums where the noise level far exceeds 80 dBA at 3 feet. For example, drums can range between 95 to 118 dBA when measured at 3 feet away.' How would a limit be placed on live musical instruments such as drums where the level is far louder than 80 dBA? I sound levels of 95-122 dB(A) for base drums, 106-118 dB(A� for cymbals, and 95-113 dB(A) for snare drums. https!//archive.cdc.gov/w w w_cdc_go v/ n i a s h/n ews roo m/f eat u re/h ea ri nglo ss. h t m I MDAcoustics, LLC JN. 13592401 Peer ReviewV 22-238 Review #2 - Five Crowns Temporary Outdoor Dining (PA2023-O202), Limited Term Permit August 15, 2024 Expert Opinion City of Newport Beach, CA 2. The study doesn't take into account the combined noise level effect of crowd noise and the private event noise. Table 4 from their study further illustrates the fact that only a loudspeaker was evaluated and fails to evaluate the noise from the crowd on the patio. Table 4 Exterior Noise Levels at Receptors (dBA Leq) - "private Events" Scenario Receptor Address Project Noise Contribution (dBA Leg) City of Newport Beach Noise Level Criteria (dBA Leq) Noise Level Exceeds Standard (?) 1 3901 East Coast Hwy 44 4 55 0 No No T 2 3901 East Coast Hwy 536 3 352 Hazel Dr. 52 8 No No No No d n 352 Hazel Dt (3" Hoof Balcony) 53 9 344 Hazei DF 488 340 H-1-1 ❑, 41 5 Figure 2 illustrates setup of wedding at Five Crowns and utilized this as a reference for the model setup. Ma has modeled the patio and a loudspeaker with a level of 80 dBA at 3-feet. M❑ has placed the loudspeaker at the south wall with the speaker facing north. In addition, MD utilized 5oundPlan's reference crowd sound source. Figure 3 illustrates the combined crowd and loudspeaker noise level projections. As shown in Figure 3, the noise level with the crowd and a loudspeaker exceeds the City's 55 dBA limit at nearly all the adjacent residential uses to the east for all exterior floors analyzed. This illustrates that even when incorporating an 80 dBA limit at 3-feet the noise ordinance will still be exceeded. Ma's model shows that the City's ordinance will be exceeded by up to 5 dBA above the standard. Figure 2; five Crowns Wedding Setup . L.Agt ....d.. . http5://images.appLgoo.gi/HJ gggKpLfv272pbg8 MD Acoustics, LLC 1N: 1369240I Peer Review#2 ,1 7 4 22-239 Review #2 — Five Crowns Temporary Outdoor Dining (PA2023-0202) Limited Term Permit August 15, 2024 Expert Opinion City of Newport Beach, CA Figure 3: Crowd + Single Speaker Noise Prediction 13692401_ 5 Crowns Review Noi5e level Contours Levels in dB(A) 4s 45 - 50 so - 55 ® ss 60 6o - 65 a= 65 Signs and symbols Level table, d8A Buildings Speaker Renewers Wall Crowd Noise Length scale 1:60 ACQUSTI Figure 4 identifies the amount of noise contributed to each receptor location and floor. This shows that at Receptor 2 and 3 the dominant source of noise is still the loudspeaker above the crowd (even when limited to 80 dBA at 3-feet). Figure 4: Noise Contribution at Each Receptor (5oundplan) 5 Crowns Review Assessed cuntribu Uon level - 001 - 5 Crowns Review, Outdoor x�,rer e9a ' 481A1 rnkow,r R1 Rd UkP MW t-4A"2*9 ) 51,e.Mei=1 �691 (foxy Amy ai+ F[ererwr RP FPO L jw ft(,a} Lead USdKAl Sprite• klrn 531 Grrn9= i13 ft v RY FlF2 UAn dM Lu&d SP&d%A) 3pwaerep.e Si 9 CJunO Reno S$ Y Res Fa no trAn MA _ Spea�u: Mr+i $7 S 1 crew wea +Q.e I Reuiw n3 RFP k1MowLeQA 67A Solder P•,n1 M c'-d W. s1Pr Swuke. Py,rY xi. c e.. sYa RM541,14Y RQ lrAnN Le4d W 7 ] Speektt Pall Qe —_ trw•Y'Wea 35lI R.5."M FIF2LrAn dW4 tr,ea33.Yea(A' _ Speller Pam SM1 6 C—� Ma Y9.! HrwRMM FIG Lril9 L Oa5dHfA1 _ Sp[vkar Pem 51 9 i c.p..p�aep a�a, nncvwr R3 FlPY LrAQ n lUj Lrcd blF dW) Speu.er nF 5�' -- MD Acoustics, LLC NV: 13642402 Peer Review#2 5 22-240 Review #2 — Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Perm itAugustI5, 2024 Expert Opinion City of Newport 6eoch, CA 3. While the RK study has conditioned 80 d BA Leq into the design feature, the practicality of limiting these levels without constant oversight will be difficult to implement. The permit clearly calls out a specific design and more information on the loudspeaker system that will be implemented. There is no mention at any point in the study of a specific loudspeaker design which makes limiting the levels difficult. How does Five Crowns limit musical instruments that are louder than 80 dBA at 3 feet away such as drums, electric guitars, vocals, etc? 4. dB(A) vs dB(C) Comparison Due to the human ear's varying response to sound level and the acoustic spectrum in which the ear is listening it may be appropriate to either apply or remove acoustic filters to the sound level. Specifically, the sound at each frequency level can be summed into a single decibel number that indicates the overall sound pressure level. These sound levels are often measured using a frequency -weighted filter, which emulates the frequency sensitivity of the human ear for common environmental noise such as traffic or speech. A common frequency -weighted filter is the "A -scale," under which decibels are designated by the unit dB(A). The City of Newport Beach identifies this metric within the ordinance. The A -weighted filter is appropriate to use for most environmental acoustical applications, however with very low (<125 Hz) or high (>10KHz) frequencies, the A -weighted filter weights the sound levels differently. Sound levels can also be measured using a C-weighted frequency filter (dB(C)j, which attenuates less of the low frequency noise (LFN) and is more suitable for the evaluating the "bass" sound (which can travel farther than treble sound and can penetrate walls more easily). Figure 5 illustrates how C-weighted and A -weighted filters produce different results. As shown in Figure 5, the A -weighted scale filters out the frequencies from 500 Hz and below. c -30 d -40 50 v -60 Q -70 -80 -90 Figure 5: A -weighted vs C-weighted Filter Comparison A -Weighting vs. Meighting The A -weighed scale filters out frequencies below 500 Hz, while the C-weighted scale filters much less of the low frequencies. m m a n L• O v lr3 = Q 10 O a LA 0 Q ul 0 4= Q r3 G G Q O Q G� 0__ 4 0 0 0 .o r; r T La z m o I �n o 'n . o o rn n o un a o o 'n o .� o a 0 o a 0 -4 ti hj N rn LM 4o 00 Q rA m O �n -4 O O rl a O fir* a ti r+ ti rA Frequency (HO A -Weighting —C-Weighting MD Acoustics, LLC JM 13692401 Peer F?evhPw#2 0 22-241 Review #2 — Five Crowns Temporary Outdoor Dining (PA2023-0202), Limited Term Permit August 15, 2024 Expert Opinion City of Newport Beach. CA MD recommends that a dB(C) limit be implemented onto the project to limit the amount of disturbance to adjacent uses. MD would need some time to evaluate the specific limit however by implernenting a dB(C) limit, the City does mitigate the potential for low frequency noise impacts to adjacent uses. 5. Live Monitoring/Website While MD believes each Event requires a permit, if there were to be approval then MD recommends that as part of the approval process, that the City require live/active monitoring occur and be viewable via website for the general public to review. MD has conducted these types of services across the US for specific events. The following link provides an example of where this occurs. https://a cou sti cmete r. c om/CVF 2.0 Communications The review team had no communications with the project applicant or the preparer of the noise study. 3.0 Conclusion MD has reviewed the updated noise study conducted by RK Engineering Group, Inc.. Based on our review we are of the opinion that each Event because it involves different equipment and outdoor amplification separate permits are required with an 8 pm cutoff. In addition, there are five (5) major flaws with the study still that need to be addressed. In our opinion the project as proposed will exceed the City's noise ordinance even with the implementation of 80 dBA Leq at 3-feet from the loudspeaker and higher exterior perimeter wall. There are other noise sources that were not considered as part of the study that are problematic and due exceed the City's noise ordinance. If there is to be any consideration of an approval, before that can be done, additional evaluation and mitigation is still required to mitigate the sound levels. Our qualifications are provided in Appendix C. If you have any questions regarding this analysis, please don't hesitate to call us at (805) 425-4477. Sincerely, MD Acoustics, LLC OAa71k Mike Dickerson, INCE Principal Ma Acoustics, «C 1N. 13692401 Peer Review#2 (I" P-A-A- Claire Pincock, INCE Sr. Acoustical Consultant 22-242 Appendix A Newport Beach Noise Ordinance MO Acoustics, LLC A. 13692401 Peer Revie w#2 22-243 20.30.080 Noise. This section establishes standards for the regulation of noise levels to protect the health, safety, and welfare. A. Compliance with Noise Control Provisions, All land uses and their associated activities shall comply with the provisions of this section and Chapters 10.26 (Community Noise Control) and 10.28 (Loud and Unreasonable Noise). B. Acoustical Study. The Director may require the preparation of an acoustical study in instances where the Director determines that a project may expose existing or proposed noise - sensitive land uses to noise levels exceeding the standards specified in Chapter 10,26 or 10.28. C. Noise Exposure Verification for New Development. Applicants for projects located in areas projected to be exposed to a CNEL of sixty (60) dBA and higher may conduct a field survey, noise measurements, or other noise modeling analysis in a manner acceptable to the Director to provide evidence that the noise contours identified in the Noise Element of the General Plan do not adequately account for local noise exposure circumstances due to topography, variation in traffic speeds. or other conditions. These findings shall be used to determine the level of required noise attenuation methods and the feasibility of mitigation. D. Deliveries, Loading, and Unloading. Deliveries, loading, unloading, open inglclosing or other handling of boxes, crates, containers, building materials, trash receptacles, or sirniiar objects within a nonresidential zoning district shall not be allowed between the fours of 10:00 p.m. and 7.00 a. in. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m, on Sundays and Federal holidays. E. Noise Sensitive land Uses. 1. New noise sensitive land uses that will be impacted by existing land use related noise sources shall be required to mitigate the noise levels from those noise sources so that the resulting noise levels oil the proposed noise -sensitive land use(s) do not exceed the standards in Chapter 10.26 (Community Noise Control). 2. Dedications ❑f avrgation easements in favor of the County of Orange may be required when noise sensitive uses are proposed in the John Wayne Airport (JWA) Planning Area, as established in the JWA Airport Environs Land Use Platt. 10,28.005 Policy. It is found and declared as follows. 22-244 A. The making, allowing, creation or maintenance of loud and unreasonable, unnecessary, or unusual noises which are prolonged, unusual, annoying, disturbing and/or unreasonable in their time, place and use are a detriment to public health, comfort, convenience, safety, general welfare and the peace and quiet of the City and its inhabitants. B. The necessity in the public interest for the provisions and prohibitions contained and enacted is to declare as a matter of legislative determination and public policy. and it is Further declared that (lie provisions and prohibitions contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, general welfare and property and the peace and quiet of the City and its inhabitants. (Ord. 2001-4 § 1. 2001) I0.28,007 Loud and Unreasonable Noise is Prohibited. It is unlawful for any person or property owner to make, contiruie. cause or allow to be made any loud, unreasonable, unusual, penetrating or boisterous noise, disturbance or commotion which annoys, disturbs, injures or endangers the comfort, repose, health, peace and quiet within the limits of the City, and the acts and things listed in this chapter, among others, are declared to be loud, disturbing, injurious and unreasonable noises in violation of this Chapter, but shall not be deenYed to be exclusive. (Ord. 2001-4 § 2, 2001) 10.28.010 Laud and U reasonable Noise. It is unlawful for any person or property owner to willfully rnake, allow, continue or cause to be made, allowed, or continued, any loud and unreasonable, unnecessary, or disturbing noise, including, but not limited to, yelling, shouting, hooting, whistling, singing, playing music, or playing a musical instrument, which disturbs the peace, comfort, quiet or repose of any area or which causes discomfort or annoyance to any reasonable person of normal sensitivities in the area, after a peace or code enforcement officer has First requested that the person or property owner cease and desist from making or continuing, or causing to make or continue, such loud, unreasonable, unnecessary, excessive or disturbing noise. The factors, standards. and conditions which should be considered in determining whether a violation of the provisions of this section has been committed, include, but are not limited to, the following: A. The level of the noise, B. Whether the nature of the noise is usual or unusual; C. Whether the origin of the Noise is natural or unnatural; D. The level and intensity ofthe background (ambient) noise. if any. 22-245 E. The proximity of the noise to residential or commercial sleeping areas: F. The nature and zoning ot'the area within which the noise emanates; G. The density of inhabitation of the area within which the noise emanates. H. The time of day and night the noise occurs; 1. The duration of the noise; J. Whether the noise is constant, or recurrent or intermittent; and K. Whether the noise is produced by a commercial or nonconurtercial activity; L. If the noise is produced by a commercial activity, whether the use is lawful under the provisions of Title 20 of this Code and whether the noise is one that could reasonably be expected from the commercial activity. (Ord. 2023-22 § 450, 2023, Ord. 2100 1 -4 § 3 {part}, 2001: Ord. 95-38 § 3 (part), 1995) 10.28.020 Loud and Raucous Noise fi•om Sound -Making or Amplifying Devices Prohibited, A. It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound -making or sound -amplifying device in his possession or under his control: 1. Upon any private property: or 2. Upon any public street, alley, sidewalk or thoroughfare; or 3. In or upon any public park, beach or other public place or property. B. The words "loud and raucous noise," as used herein, shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical or other device to such volume, intensity or carrying power as to unreasonably interfere with the peace and quiet of other persons within or upon any one or more of such places or areas, or as to unreasonably annoy, disturb, impair or endanger the comfort, repose, health, or safety of other persons within or upon any one or more such places or areas. C. The word "unreasonably," as used herein, shall include, but not be limited to, consideration of the hour, place, nature and circumstances of the emission or transmission of any such laud and raucous noise. (Ord. 2 023 -2 2 § 451, 2023; Ord. 2001-4 § 3 (part), 200I : Ord. 95-38 § 3 (part), I995) 22-246 SINCE CITED ARE NOT ELIGIBLE 10,26.050 Sound -Amplifying Equipment. Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be subject to the provisions of Chapter 10.32 of this title. Such sound -amplifying equipment shall not be construed to include electronic devices, including but not limited to, radios, tape players, tape recorders, compact disc players, electric keyboards, music synthesizers, record players or televisions. which are designed and uperated for personal itse, or used entirely within a building and are not designed or used to convey the human voice, music or any other sound to an audience outside such building, or which are used in vehicles and heard only by occupants of the vehicle in which installed, which shall be subject to the provisions of Chapter 10.38 of this title. (Ord. 95-38 § 1 I (part), 1995) 10.32.020 Permit Required. No person shall use or cause to be used any sound -amplifying equipment or sound trick with its sound -amplifying equipment in the City without first having applied for and obtained a permit from the Finance Director as provided in this chapter. (Ord. 95-38 § 4 (part), 1995) 10.32.030 Application for Permit. Applications for permits for the use of sound -amplifying equipment or sound trucks shall be tiled with the Finance Department on forms supplied by the City. The application shall contain the following information: A. Nature and home address of the applicant; B. Business address of the applicant; C. If the application is for the use of a sound track, it shall contain the naives of the legal and registered owners of the sound truck, and the year, make, and license number of the trick: D. The address or location where the sound amplifying equipment is to be used. or, if the application is for a sound trick, then a general statement as to the section or sections of the City in which the sound truck will be used; E. The name and address of the person who will have direct charge of the operation ofthe sound -amplifying equipment or sound truck; F. The purpose for which the sound -amplifying equipment or sound truck will he used; G. The proposed hours of operation of the sound -amplifying system or sound truck; 22-24 7 H. The number of days of proposed operation of the sound -amplifying equipment or sound truck; 1. A general description of the sound -amplifying equipment to be used; J. The maximum sound -producing power of the sound -amplifying equipment to be used. including: 1. The wattage to be used, ?. The volume in decibels of the sound which shall be produced, 3. The approximate maximum distance sound will be projected from the sound- ampli tying equipment. (Ord. 95-38 § 4 (part), 1995) 1 i1.32.040 Issuance of Permit. A. Upon receiving a complete application for a permit for the use of sound -amplifying equipment or a sound truck, the Finance Director shall conduct an investigation within ten ( 10) days oC receipt of a complete application to determine whether to approve the application. Unless the application is denied pursuant to subsection (B) of this section. the Finance Director shall approve or conditionally approve the application for a permit if it is determined that all the requirements of this chapter are met and if it appears from the information contained in the application and such additional information as may be presented to the Finance Director that the proposed use of the sound -amplifying equipment or sound truck complies with the regulations contained in Section 10.32,060. The permit shall be nontransferable and valid for a period not to exceed six months. B. Denial of Application. An application for a permit for the use ofsound -amplifying equipment or a sound truck may be denied under any of the following circumstances: 1. The City has revoked a permit obtained by the applicant pursuant to Section 10.32.080 within eighteen ( l 8) months of the date of the application for a permit under this chapter; 2. The applicant has received a citation for violating Chapter 10.28, this chapter or Chapter 10.66 within eighteen (1.8) months of the date of the application for a permit tinder this chapter. or 3. The City has issued a citation under Chapter 10.28, this chapter or Chapter 10.66 to the address or location where the sound -amplifying equipment or sound truck is sought to be used by the applicant within eighteen (18) months of the date of the application for a permit under this chapter. 22-248 C. Specification of Hours. If a permit is granted, the Finance Director shall specify the hours during which the sound -amplifying equipment or sound truck may be used after considering the needs of the applicant, the area or areas in which the sound will be emitted, and the effects of such use on the public's health, safety and welfare. NOTE THE FORM SAYS 8PM AND A SPECIFIC FORM FOR EACH EVENT D. Appeals. Actions by the Finance Director may be appealed by any interested party to the City Manager by tiling a written statement with the City Clerk setting forth the facts and circumstances regarding the action by the Finance Director. The City Manager sliall notify the appellant and applicant in writing of the time and place of the hearing on the appeal. The hearing on appeal shall be heard and determiners by the City Manager within ten ( 10) days of receipt of a written appeal. The decision of the City Manager shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094,5. (Ord. 2023-22 § 454. 2023, Ord. 2014-5 § 1, 2014: Ord. 95-38 §Ord. 2023-22 § 453, 2023; 4 (part), 1995) 10.26.055 Noise Level Measurement. A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source. but should not be located in 17onhtsman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shalt be at the closest point to the noise source. The meaSUrenient microphone height shall be five feet above finish elevation or_ in the case of a deck or balcony, the measurement microphone height shall be five feet above the Finished floor level. B. The location selected for measuring interior noise levels shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position. (Ord. 95-38 § l l (part), 1995) 10.26.070 Prima Facie Violation. Any noise exceeding the noise level standard as specified in Section 10.26.025 and 10.26.030 of this chapter, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (Ord. 95-38 § 11 (part), 1995) 10.26,075 Violations. 22-249 Any persons violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 95-38 § I 1 (part), 1995) 10.26.080 Violations Additional Remedies —Injunctions, A. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions ❑f"this chapter which operation or maintenance causes or creates sound levels exceeding the allowable standards as specified in this chapter shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. B. Any violation of this chapter is declared to be a publ is nuisance and may be abated in accordance with law. The expense of this chapter is declared to be public nuisance and may be by resolution of the City Council declared to be a lien against the property on which such nuisance is maintained, and such lien shall be made a personal obligation of the property owner. (Ord. 95- 38 § 1 l (part), 1995) 10.26.095 Manner of Enforcement. A, The City Code Enforcement Officer is directed to enforce the provisions of this chapter and may issue citations for any violation of the provisions of this chapter or violations of this chapter may be prosecuted or enforced in the same manner as other infractions pursuant to this Code; provided, however, that in the event of an initial violation of the provisions of this chapter, a written notice may be given to the alleged violator which specifies the time by which the condition shall be corrected. B. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his/her duty. C. In the event the alleged violator cannot be located in order to serve any notice, the notice shall be deemed to be given upon mailing such notice by registered or certified niail to the alleged violator at his last known address or at the place where the violation occurred in which event the specified time period for abating the violation or applying for a variance shall commence at the date of the day following the mailing of such notice. (Ord. 95-38 § I 1 (part), 1995) ?0.30.080 Noise. This section establishes standards for the regulation ofnoise levels to protect the health, safety, and welfare. A. Compliance with Noise Control Provisions. All land uses and their associated activities shall comply with the provisions of this section and Chapters 10.26 (Community Noise Control) and 10.28 (Loud and Unreasonable Noise). 22-250 B. Acoustical Study. The Director may require the preparation of an acoustical study in instances where: the Director determines that a project may expose existing or proposed noise -sensitive land uses to noise levels exceeding the standards specified in Chapter 10.26 or l0.2K 20.30.040 Fences, Hedges, Walls, and Retaining Walls. This section provides standards for the provision of fences, hedges, walls, and retaining walls. A. Maximum Height Allowed. 1. Fences, Hedaes, and Walls. Maximum heights of fences, hedges, and walls are shown in Table 3-1. V TABLE 3-1 MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS Location Maximum Height Front setback areas. 42 inches. See subsection (B) of this section. Rear and interior side setback areas. 6 feet in residential and commercial zoning districts. 8 1eet in industrial zoning districts adjacent to residential uses. 22-251 Appendix B Exterior Noise Permit Application Mn Acoustics, LLC JN. 13692401 Peer Review#2 22-252 Exhibit B 22-253 Name Home Address: DIV. Business Address (if applicable) City. CITY OF NEWPORT BEACH REVENUE DIVISION IDo CiviC CENTER ■ P 0 SOX 1768 o NEWpORT BEACH CA 92658 8915 (949) 6,4 3141 RevenueHelp@newporth_e_achca_aov • hftp:llwww newportbeachca govIneven„a SOUND AMPLIFYING EQUIPMENT PERMIT APPLICATION NON-REFUNDA 8 LE $75.00 application fee due upon submittal. Make check payable to City of Newport Bearh. State Zip State. Zip. Telephone No.: ( ] _ Email: Applying for use of: Sound Amplifying Equipment 0 Sound Truck Purpose for which the equipment will be used- Event C7ate(s) Hours of Operation It] Permits will not,be approved for times between 8:00 p.m. and 8:00 a.m., Beach front locations will also not be approved' If applying for use of sound amplifying equipment: Equipment Operator. Operator Address City Descnption of equipment to be used Address or location where the equipment Nill be used. If applying for use of a sound truck: Sound Truck Operator Operator Address: Legal and Registered Owner(s) Year Make. Section(s) of City where the equipment will be used Model State Zip License Plate No.. 22-254 Maximum sound producing power: Wattage' Volume (in decibels): Approximate maximum distance sound will be projected from equipment: (NBMC Section 10.32.060 (0)7 The volume of sound shall he controlled so that it will not be audible for a distance in excess of one hundred (100) feet} Do you have a Use Permlt? Yes® No El Use Permit Number: Does your Use Permit regulate the type of activity this permit allows? Yes ® No I hereby certify, under penalty of perjury, that I am authorized to make this statement and the information provided on this application is true and correct. Applicant's Signature: Date: The application fee is NON-REFUNDABLE. Allow 10 — 14 business days for processing. CITY OF NEWPORT BEACH MUNICIPAL CODE CHAPTER 10.32: SOUND-ANIPLIFYING EQUIPMENT 10.32,060 Regulations for Use. The use of sound -amplifying equipment and sound trucks in the City shall be subject to the following regulations: A. The only sounds permitted are music and human speech. B. Sound shall not be emitted within one hundred (100) yards of hospitals, churches, and the City Hall- C. The human speech and music amplified shall not be profane, lewd or Slanderous- D. The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred (100) feet from the sound -amplifying equipment or sound truck, and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the range of allowed audibility- E. The sound amplifying equipment or sound truck shall not be used between the hours of eight p.m. and eight a.m. (Ord. 95-35 § 4 (part), 1995) 10.32,090 Exceptions. The provisions of this chapter shall not apply to the use of sound trucks or sound -amplifying equipment in conducting the following activities: A. Any activity conducted on public property, or on private property with the consent of the owner, by any public entity, or its officers, employees, representatives, agents, subcontractors, permittees, licensees, or lessees, which is consistent with, and in furtherance of, the governmental functions or services the public entity is authorized, or responsible, to perform. Activities which are exempt from the provisions of this chapter include, without limitation, sporting and recreational activities which are sponsored or co -sponsored by the City of Newport Beach or the Newport Mesa Unified School District; B. Activities conducted on property of churches or private clubs where the sound is confined within the boundaries of such property; C. Licensed sightseeing or excursion vessels operating on the waters of Newport Harbor; ❑. Activities conducted within the boundaries of City -licensed amusement centers where the sound is confined within the boundaries of such amusement centers; E. Activities regulated by a use permit or other land use control under the provisions of Title 20, planning and zoning; F. Activities regulated by a special events permit under the provisions of Chapter 5.10, special events. (Ord. 95-38 § 4 (part), 1995) iw-d Amo Eaw A" Xzl-m FA6t� 22-255 Appendix C Reviewers Resumes MDAcoustics, L L C JN: I3692401 Peer Review#2 22-256 Mike Dickerson has a passion for the science of sound and vibration and has worked professionally in acoustical engineering since 2002. He received his Bachelor of Science degree in Physics, emphasizing in acoustics from Brigham Young University in Utah. He is currently a member of the Institute of Noise Control Engineers (INCE). Motivated by professional growth and opportunity, Mr. Dickerson formed his own acoustical engineering firm, MD Acoustics in 2012. Mr. Dickerson's versatile experience includes leading and assisting in the design and review of many facets of acoustical engineering and air quality projects, including but not limited to: air noise assessments, ceiling/floor assembly design, architectural design, acoustical product design, vibration analysis and noise mitigation strategies. Prior to starting his own consulting firm, Mr. Dickerson worked for Sony Entertainment, Parsons, and RK Engineering. He has successfully completed over 4,200 acoustical/airquality assessment reports for various engineering companies, municipalities and other agencies (both public and private). His strategic project planning and cost effective management solutions enabled him to excel in the field of Acoustics and project management. In 2011, Mr. Dickerson was asked to present a paper at the Acoustical Society of America Seattle, Washington Conference on his research and work on noise and vibration in Cockpit Door Modules. MD continues to work closely with many engineering disciplines and provides quality results. Elduca ion Lffiliations z swards Brigham Young University B.S., Physics (Acoustics), 2005 Institute of Noise Control Engineers (INCE) Acoustical Society of America (ASA) BYU Acoustic Research Group Association of Environmental Planners (AEP) i:�:jlII � AcokititiCs, I, LC i AI Ri-VIIIs ReSer\ ed 22-257 HepresenLaLive PrajecL Experience Interior Noise Isolation Analysis ■ Monterrey Park Residential and Hotel Mixed Use Development, Monterrey Park, CA • 57 Wheeler Mixed Use Development, Arcadia, CA • Melrose Triangle Mixed Use Development, West Hollywood, CA ■ Britonna at Oyster Point, South Son Francisco, CA • Marina City Club, Marina Del Rey, CA • Wells Fargo Corporate Office, Chandler, AZ ■ Peoria Sports Complex - Seattle Mariners Lobby, Peoria, AZ ■ intel Corporation CH5-216/217, Chandler, AZ ■ Revolt Studio, Hollywood, CA • Mammoth Rock and Bowl, Mammoth Lakes, CA ■ Rubios Restaurant, San Diego, CA ■ Americana at Brand, Glendale, CA + 6300 Hollywood Blvd Retail Space, Hollywood, CA ■ Calvary Church Renovations, Santa Ana, CA Noise Impact Study • Central Metal Incorporated Reclamation Plant Expansion, Los Angeles, CA • Sonora Commons - North Gateway Transfer Station, Phoenix, AZ ■ Great WolF Lodge Development, Garden Grove, CA ■ SuperStor Car Wash All Locations - Corporate Account • City of San Marcos Noise Element Update, San Marcos, CA Oil and Gas Noise and Vibration Assessment ■ La Goleta Storage Field Enhancement, Santa Barbara County, CA ■ Whittier Workman Mill Rood Oil Rig Drilling Operation, Los Angeles County, CA ■ La Goleta Storage Compressor Vibration, Santo Barbara County, CA • Mills Station Excavation Noise and Vibration, Ventura, CA Highway/Airport/Rail Noise and Vibration + Caltrans Yucaipa Bridge Box Culvert Improvement, Yucaipa, CA + Caltrans SR-110 Freeway Expansion, Los Angeles, CA • Jackson Hole Airport Noise Contours and flight Path Evaluation, Jackson Hole, WY ■ Light Rail Transit Exposition Blvd to Culver Dr, Los Angeles, CA Telecommunications ■ T-Mobile Telecommunication Tower, Calabasas, CA ■ T-Mobile Telecommunication Tower, Malibu, CA • Verizon Wireless Telecommunication Tower, Santa Clarita, CA Construction Noise and Vibration • La Goleta Storage Field Enhancement (1-yr construction monitoring), Santa Barbara County, CA ■ Westin Bonaventura Hotel, Los Angeles, CA ■ Railracd Canyon Road Expansion, Riverside, CA Industrial Noise and Vibration Assessment • Intel Corporation - Noise Evaluations ■ Hexcel Corporation Dust Collector Noise & Vibration, Casa Grande, AZ • A B B Inverter Operation Noise and Vibration, Tempe, AZ • Pacific Scientific Shaker Room, Chandler, AZ Air Quality & Greenhouse Gas Assessment ■ KPC Mixed Use Development, San Jacinto, CA ■ TTM 36627 Residential Development, Hemet, CA ■ Smart and Final, Highland, CA • Bellflower Multi -family Development, Bellflower, CA • Golden Gate National Park Recreation Area, San Mateo, CA • RAW removal of Contaminated Soils ACC/GHG, Glendora, CA • Nance Street Warehouse Development, AQ/GHG/ HRA, Perris, CA • Hyssop Drive Warehouse AQ/GHG/HRA, Rancho Cucamonga, CA ■ Moiave Water Agency Pipeline AQ/GHG, Victorville, CA ■ Shinohara Warehouse ACQ/GHG/HRA, Chula Vista, CA 11i_t :1coustics, 1.11 i :klI .Rio;hts liesei-ved 22-258 Representative Project. Experience — C0111 n>_ie{l Semiconductor Noise/Vibration Evaluations ■ NXP Semiconductor — Building M — Vibration Isolation Design/Modifications • NXP Semiconductor — PCW Pump Isolation Vibration Isolation Design ■ NXP Semiconductor — HVAC Duct Silencer and Acoustical Design ■ NXP Semiconductor — Demising Wall Evaluation and Redesign ■ CyrusOne Data Center — Chiller Noise Evaluation and Noise Abatement Mechanical Equipment (HVAC) Noise and Vibration Assessment ■ Kaiser Hospital AHU Lauver Replacement — Acoustics Review/Design, San Francisco, CA • Northern Arizona University -- Communication Building Redesign of Mechanical Systems — Noise and Vibration Abatement Assessment and Design Recommendations, Flagstaff, AZ ■ UCLA Coll Center HVAC Equipment Noise and Vibration Design Review and Recommendations, Agoura Hills, CA Film and Entertainment Noise and Vibration Assessment • Revolt Studio, Hollywood, CA ■ University of Arizona, H51B, Acoustics Evaluation and Design, Tucson, AZ ■ The Van Buren, Phoenix, AZ ■ Down to Shop Studios, Los Angeles, CA Court Cases ■ Miller/Botkin v, Roper Construction, Lincoln County, NM (D-1226-CV-2021-00261y ■ Mirabella Y. Shady Park, Tempe, AZ (Case No: CV2021-016159) • Sanctuary at Desert Ridge, Scottsdale, AZ • Westfield Mall, Topongo Canyon Blvd., Woodland Hills, CA • Water Hauling Operations, Phoenix, AZ • Mobile Radio Patent infringement, Cal fee Attorneys • Foghorn Noise Acoustic Evaluation and Noise Review, Oxnard, CA Ordinances • Flagstaff Police Department and City of Flagstaff Noise Ordinance, 2022 • Flagstaff Parks Noise Ordinance, Flagstaff, AZ, 2018 ■ Queen Creek Noise and Vibration for Well Drilling, Queen Creek, AZ • Fountain Hills Noise Ordinance, Fountain Hills, AZ • Paradise Valley Special Event Noise, Paradise Valley, AZ Product Development/Testing • Wrap Technologies, BolaWrap, Silencer Suppressor, 2019/2020 • International Drying Corporation - Stealth Dryer Systems ■ International Drying Corporation - Impeller Design • International Drying Corporation - Silencer Design • International Drying Corporation - Mechanical Engineering/Flat Piece Design/Machining • Sound Cave Laboratory, Anechoic Chamber Go Back fQ Meet the ream T U)Nl}].1 ijmgii 5. I.I,(. 1Ali Rigiitti Rc.wr%cd 22-259 Claire Pincock graduated from Brigham Young University in the top 5% of her graduating class with a Bachelor of Science degree In Applied Physics with an emphasis In acoustics and a minor In Mathematics. Before joining M❑ Acoustics, she was a research assistant at BYU. Her research was focused on speech acoustics, specifically on how speech radiates from the mouth. https://www.physics.byu.edu/thesis/archive/2017 In 2017, Claire presented her research with Dr. Timothy Leish man on speech directivity at the Acoustical Society of America, spring Boston conference where she placed 2nd in the student competition on speech acoustics, http://aso.scitation.org/doi/abs/10.1121 / 1.4987652 This research is also presented in the following paper published in the Journal of the Acoustical Society of America in 2021: https://asa.scitation.org/doi/ 10.1121 / 10.0003363 EdLLCi3Lioil Brigham Young University B.S., Applied Physics (Acoustics), 2017 Magna Cum Laude RepresenLalive ProjecL I,xperience Architectural Acoustics Assessment • Vista Del Mar Residential Development, Dana Point, CA ■ Hampton Inn, Santa Ana, CA ■ 745 N. Croft Avenue Multi -Family Residential Development, Los Angeles, CA • 700 N. Virgil Multi -Family Residential Development, Los Angeles, CA Affiliations Ur A.N,Llyds Member, INCE-USA Member, Acoustical Society of America • Lakeview Senior Living, Yorba Linda, CA • Harbor View Villas — Rebuild Development, Ventura, CA . Miramar Super Star Car Wash, San Diego, CA • Foursquare, Redondo Beach, CA • Lakeside Special Care, Lakeside, CA • 1835 Oddie Blvd Nursing Home, Sparks, NV ■ HUD NEPA Project Legacy, Riverside, CA U\11 r Acouslics, 11C i All RiOils Rvsei-� ed 22-260 Representative Project Experience - continued Noise Assessment ■ Vineland Gas Station and Car Wash, Los Angeles, CA • Lakeview Terrace Gas Station & Car Wash, Los Angeles, CA ■ Van Buren Blvd Express Car Wash, Riverside, CA • Broadway Gas Station and Car Wash, Los Angeles, CA • Clinton Keith Service Station and Car Wash, Murrieto, CA • Old Middlefield Car Wash, Mountain View, CA ■ Riverside Car Wash and Retail, Jurupa Valley, CA • Estrella Commons Residential Development, Goodyear, AZ • Blackstone & McKinley Multi-Fomily Development, Fresno, CA • Haven at 26th Mixed Residences, Rancho Cucamonga, CA • Berylwood Park Skatepark, Simi Volley, CA • Morsholls — Del Arno Plaza, Torrance, CA • Desert Land Ventures, Desert Hot Springs, CA • Pico 81vd Multi -Family Development Ca132, Los Angeles, CA • Cyrus One Trone Chillers, Chandler, AZ • Bay point Preparatory Academy, Son Jacinto, CA • Amani Apartments, Los Angeles, CA • Santo Rosa Apartments, Santa Rosa, CA • Kawana Springs Apartments, Santa Rosa, CA • Jillson and Harbor Residential Developments, Commerce, CA • Adams Boulevard Car Wash and Service Station, Los Angeles, CA ■ Southeast Regional Soccer Park, Fresno, CA ■ Pico and Fox Hill Restaurant, Los Angeles, CA • Market Sciortino Rance Center Development, Brentwood, CA ■ Hyssop Drive Warehouse, Rancho Cucamonga, CA ■ Pavilion Plaza West, Garden Grove, CA ■ Merced Snelling Road, Snelling, CA • Ammon Multifamily Development, Ammon, ID • Lab S Soccer Fields, Gardena, CA • MSG Entertainment Studios, Burbank, CA Vibration Assessment • Canyon Creek Blasting, San Diego, CA • Warner Ave Vault Resonance, Huntington Beach, CA • Ellis Commons Senior Housing Blasting, Perris, CA Construction Noise and Vibration • Mae Boyar Pork Community Building, Oak Park, CA • Broadway Gas Station and Car Wash, Los Angeles, CA ■ Clinton Keith Service Station and Car Wash, Murrieta, CA ■ Equestrian Trails Pipeline, Phoenix, AZ Noise Reviews/Updates • Mt. San Antonio College Facilities and Projects Noise Review, Walnut, CA ■ French Valley Airport Development, Riverside Co., CA ■ Corn e ran Ave Surf Thru Express Car Wash Noise Compliance, Visalia, CA Court Cases • Sanctuary at Desert Ridge, Scottsdale, AZ Municipal Code/General Plan • Flagstaff Parks Noise Ordinance, Flagstaff, AZ ■ Fresno West EIR, Fresno CA • Sierra Madre EIR, Sierra Madre, CA Facilities ■ MD Acoustics anechoic chamber qualification ■ Ft. Huachuca anechoic chamber qualiFcation, AZ .1 * FCG Conference Rooms and Training Room, Draper, UT Go Bock to Meet the Team t �4'�111 � .Ir�{�tt5tit'S. I.I.{ .Ill lti�'lil� Ii��sc�1'� c�tl 22-261 Exhibit G 22-262 � li 0L14 k'40 flrl'Wl" C,7* am "c W loc�m.tAil- vx-,-laff- e64 awcuwao Ampo : ram_ .1*4PP443 jay dAW k% +- japi ge, : r4o - . m < ok Z P'_k,-413 ^7.10 C)❑ r Tv i . cgxlpl 0 F LP- PL-A 2 0 I Mi'm lip" 1010 1- fll< C" 7 s±, 4— ou ILIM.'n JOB 15b2.0 DATE L I L 22-263 - 'Dr i+ '�.c TNvr'e'J �..1n5�J[�TTMd.•1 ieilG n v 3 F �g� L 0 r. ` r n J 2 7 ■ d x r.• 1 { I{ 22-264 Exhibit 22-265 100 Ciw[ Center Drive Newporl. Beads, California 92660 949 644-3(X)5 1 949644-3139 FAX newparFbeari�ra.gnvjr_Ityc;lerh 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: httos:llecros.newportbeachca.aovNVEBIDocView.aspx?id=35332&dbid=0&repo=CNB httios://ecros.newportbeachca.govlWEB/_DocView.aspx?id=35310&dbid=0&repo=CNB httpss_//ecros_newportbeachca. goyIWEB/D ocView.aspx?id=35345&dbid =0&repo=CNB https://ecros.newportheachca gov/WEB/DocView.aspx?id=35379&dbid=4&repo=CN B htti)s:llecros.newt)ortbeachca.aov/VVEB/DocView.asox?id=35408&dbid=0&repo=CN B 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 22-266 Kenneth Catanzarite November 19, 2024 Page 2 costs of dupfication, or a statutory fee if applicable. The reimbursable costs associated with your request are calculated as follows, $9.93 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 22-267 Exhibit I 22-268 50UN�t A►dVtHVINI I Y. � -, - 11. 1 '1; 1 fmx:!:-v4, N lafmr MJ Iry V- or? t:hg *64-xw. Opt -mlt t.-' L I I tdLl Thc I;. 4V Vk_& w* mm:ry its &C C 4-v Md f'Olk, r4io Ev ilvAi I ovw ) 0.1 A !fi3 rlj,- .ijeitio ;oqql;A Vmv.. �-ie "Pu't 1111M*-U c 0,1- y-.Nvwp 4f 4ys y3trv. to, tn, zcw-A c ia" v kt.-,� i I w I. tv"x,7y; f; -M 4-1i"i � t k-;I oy, O"c c. I xr, flool Z� OWA. JK fvp 4. aal: U* pawle, a. Ot, *ut p" 'AXVd I,':'W—W Z,1- t i.M? A i Wt i K MA S A i P.- -1 *1:-^Sa ."& 22-269 10.32-0,5-,,..1€-32- t 0 Ol F-FNSFS NN1-j I-ISANt.ES to item- a revocable pernaii for the UW. -O€ sOttnd amplityuig eqi PI-11tt'--st in 'Connix-hart 'With asiy. -'Pa'cial c%vnt which witl take placc in a cornrrrtr6,11 district whcn it is dr-temAnctil that flit cifMs of serd#t use well not oo i re-uvi-naNy cfystUTb the lie Ath, sdrr. y, and welfare refartY Petfxm Or vcrsvtts re,%id1ng wrthio t4rec: hundred (300) f"c n F the. area where the spec,iat irv1M i.o, to take pla x. i turd. 164.5 K- 2! 147,S: t` rd.. 1084 (part), 1964 ; 1949 CP& 45-3, 1 f 3 2•05 S Sound pfifika ti,Lm EAlmlipmeot Pttr►l tN fed on Public Bewht-i..A_ PalKy -Statrm:r;t. ' etc city Coun"A makes t w followrinp, foidi►tp: ( l ) The pug iv beat.hti a40 oent to the wate" of the Pacify. heart and eVt wport Harbor are a unique reLTe-alional re,)0 ,trc-8 which .the City holds ill C v;1 under a legislative grant ftom the Mate ofCalii`ornia. C2) Thew public becLuties are intimsively wcrl for �wiriindnt;, suriitig &17(1 grtnhathirtz by a divcvwr gm.up tit people wWch ins: u&s City residcnt:s. tolvists, arI-d ts+�t-n.N residing throughout orange County ind so-Aidwrtl tr.sklif�rraia. (3) T4e tktxi of end trucks and sound amplification equiPMMt I�y prcvps -anti. organizaltioni eft-o u%ish to hW rmct.rts: macinp or publiic- asgembh s on Of rte:alr Oese public beaiIle; is dism-r-bing to tht, vast ar 4inty of the 11C,01110 Using the bcachcs for itch-ation and N) local mkicnts whos%� hones arv, in € least pm.xi xtity to. the Wacht5, B. No tKrmit shall by i=cd far vnd -no prrwrt MAI 4� :oily end truck or iou id amplification equipment on aM publiv 1-rtach. (Ord. 1691 k' 11 1976.- OvI. 9-361 § 1, 19-70.t 10-42.tl Regulati for U-. Tlxc nroieomr m-W use OF va'MA isnplifying egai.pmetit" an l wurid tricks in the City shAl subs-ct to lh €Mowing regulations: (a,.) ` 11,C -*.nly tends P-umitttd are Muir: and hufna l sPM4711, (,) Operafion-s :-gull tot-1v permiittrrd on Sundays and It-0 hcAidays.. (0 Suond shall not v,mitted wit h-i n 100 yuds.-nf haspitak-. chatche's and Ov City Hall. (6) The human Speech and Mmiti 4mrrifeil ihall m;►t t, profa;w, 1,wd or slttriden)us, (c) The volumc i�,f• and ki all be oantmllt�d ss_t teat it woo# lint he a;,dible for a dLqtanct: 'M vxoess of 150 W1 f(om tho wund amplifying r9tkr.m,:, jarring, disturbing or a nuia nce to 17erm.1rk5 within tht ra W Of auklibillty.. (Ord.. 1084 (part). 19#4 1949 Co&— § 4 5}_ 10-32,070 NOMiofl and Daplity of Permit, Any pvman nrer:tlir►r, Oki �DQ+Ittcf t$jnrl1f►Y1IjX eftaiptrent or tali td truck shall k-rcp Mr. etc^iwit gniated in 22-270 13 ;4F wil o-o,-A flit' rqto j ': 'o 17 ajiv n*w& w iwkw' J.1i OAMIkAm t V t.7�- il., c kal Tbr.*Alw wujl�tyu,4 qwv ;awl b..." -t-cr-P umil -q-, 4w t,;V' 19VJ U OV, Ri 0. ^�4 tAA tM-m 4 ir�OW' fb� 430 hx�� MM -c Of: 0; mpk-l- TO thi t J-0 ftl APP, If p v mk-; kkr o T - . � ix� ash+ *3:Jl- br offe o, b< fjv1;w -r- lip lh,-T lint. ii 1'. Wlod Nak-A l7f-14;-t M:PprAl 4*1 thef: 04- VA1131.11 tkh (IM rN, I I - I h". r IT-v 4 ve 1.111 k. ul, �1,, c n:-, voi ,I I j� w h t I'd c J it 11 M. t. ht t I., I I 't' I -R. $t�z I 3-e k% 4 1 I-k)c,- qjj i�j I I TjN"i I r1l 4- wl i(h0jl-i4 JQ4A t, ixl,� *5 kI naf -21-3 tn.v $1 v u r;!;l j, R 0 t 4 i- t A T I mt I t 000kili6*- d by Ow vi3l)41 Miring k;, k"I I I R31 I I I j c �j 1-Y I I �4 ic .114-1 r k of I I ol'i I I �. v ) 1-1 t° A - t y IeO cvfl: tk,,v 01" Svwlqm:, "arbia wllkh All; Or vi:1114 it , a al 4:1 4htralkla." A's -114-71 t.,Jmv.- C I'N U 9 14 w--Iwr.-- •tht 411JWO Oxiff p-q + P., S.. q t 4 4 'Y F, 1 22-271 Exhibit J 22-272 �wp CITY OF NEWPORT BEACH r ZONING ADMINISTRATOR STAFF REPORT November 10, 2021 Agenda Item No. 8 SUBJECT: The Bungalow Restaurant LLC (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 CECA 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 37 Adopt Draft Zoning Administrator Resolution No. _ approving Limited Term Permit No. XP2021-012 and Coastal Development Permit No. CD2021-041 (Attachment No. ZA 1) J. 22-273 The Bungalow Restaurant LLC (PA2021-191) Zoning Administrator, November 10, 2021 Page 2 DISCUSSION • 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-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. UPI 778. 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 5, Chapter 3, because it has no potential to have a significant effect an the environment. 22-274 The Bungalow Restaurant LLC (PA2021-191) Zoning Administrator, November 10, 2021 Page 3 The Class 1 exemption includes the operation, repair. maintenance, pern-sitting, 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. USLIC 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 �exc;uding 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 Comrission. For additional information on filing an appeal, contact the Planning Division at 949-644-3200. Prepared by'. ti'4Jw ,Jdselyn Pei' z Assistant Planner BMZ,jp Attachments. ZA 1 Draft Resolution ZA 2 Vicinity Map 22-275 The Bungalow Restaurant LLC (PA2921-191) Zoning Administrator, November 14, 2021 Page 4 ZA 3 Emergency Temporary Use Permit Action Letter ZA 4 SCE Clearance ❑ecals ZA 5 Project Plans 22-276 Attachment No. ZA 1 ❑raft Resolution S 22-277 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 NEVVPORT 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)-yearterm (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 1 a, 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 .I (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 22-278 Zoning Administrator Resolution No. ZA20214## Page 2 of 12 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. REQUiRE❑ FINDINGS. Limited Term Permit In accordance with Section 20.52.040(G) (Limited Term Permits) of the NSMC. 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 rise, Facts in Support of Finding: 1. The limited term permit will allow an extended and expanded outdoor dining patio for up to a one (I) -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 (I) -year term beginning January 1, 2022, through December 31, 2022. and has been reviewed and conditioned to help prectude 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.ni. through 10 p.m. on weekends and os-30-21 22-279 Zoning Administrator Resolution No. ZA2621-### Page 3 of 12 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 Beaters 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 Disabitities 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 Controt (ABC) requirements- S . 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 accomrr►odate the 077ited duration rise without material detriment to tine 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. To the east, across Carnation Avenue, is Avila's El Ranchito 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. 22-280 Zoning Administrator Resolution No. ZA2021-# Page 4 of 12 3. The temporarily expanded dining area occupies four (4) standard parking spaces. No traffic or site circulation issues have been experienced during the current operation and are, therefore, not anticipated_ Findin : C. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantify of traffic that the limited duration use would or could reasonably be expected to generate; Facts in Support of Finding: Vehicular access for the subject lot is from Carnation Avenue, 2, The restaurant provides only eight (8y 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. Findin : 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: 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 restau rant 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: F. 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, 09_3G-21 22-281 Zoning Administrator Resolution No. ZA2021-### Paae 5 of 12 Facts in Support of Findings 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 safes tax and provide opportunities for employment. which is consistent with Generai Pfan 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 vises that scrpporf 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 futare residents. (Imp 1.1. 24. ) 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 a local business and economic prosperity while maintaining the unique character of the Corona del Mar community. 22-282 Zoning Administrator Resolution No. ZA2021-#### Page 6 of 12 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: Findin 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. ,9-30_ 22-283 Zoning Administrator ResolUtion No. ZA2021-### Paqe 7 of 12 6. ❑evelopment authorized is not located in an area in which the California Coastal Commission retains direct permit review authority. 7. The proposed development wifi 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 ❑f 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 wafer located within the coastal zone. Fact in Suonort of Findina: The project site is not located between the nearest public road and the sea or shoreline Implementation Plan Section 21.30A.040 (Determination ❑f Public Access/Recreation Impacts) requires that the provision of public access bear- a reasonable relationship between the requirement and the project's impact and be proportional to the impact. In this case, the project is not located by the sea where lateral and vertical coastal access would be needed. SECTION 4. ❑ECISION. 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, ❑ivision 6, Chapter 3, because it has no potential to have a significant effect on the environment. The exceptions t❑ the Class 3 Exemption under Section 15300.2 are not applicable. 2. The Zoning Administrator ❑f the City of Newport Beach hereby approves Limited Terre 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 ❑irector 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. 22-284 Zoning Administrator Resolution No. ZA20214*# Paae 8 of 12 PASSED, APPROVED, AN❑ ADOPTE❑ THIS MOTH ❑AY OF NOVEMBER, 2021. Jaime Wrillo, Zoning Administrator 09-30-2 1 22-285 Zoning Administrator Resolution No. ZA202I-### Paoe 9 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL (Project -specific conditions are in italics) Planning Division 1 The development shall be in substantial conformance with the approved site plan, fioor 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 Tenn 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 pail 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 Cantral 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. The sale of alcohol "to go" to patrons that dine within the expanded Outdoor patios shall be prohibited. 9- The establishment shall abide by all applicable Grange 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, fitter debris and graffiti from the premises and on ail 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. -q- 22-286 Zoning Administrator Resolution No. ZA2021 -### Page 10 of 12 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. 15. 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, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or w any manner relate (directly or indirectly) to City's approval of this 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). 22-287 Zoning Administrator Resolution No, ZA20214 Page 11 of 12 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 Del2artment fig. 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 outdoordining areas (separate or consolidated) shall comply with the following standards for tents larger than 400 square feet (two [2] or more wails) and/or canopies larger than 700 square feet (n❑ 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 shalt be flame resistant. Provide Certificates of Flame Resistance. L+'J- 5 U- _ I 22-288 Zoning Administrator- Resolution No. ZA2021 -f## Pace 12 of 12 ■ If Propane is used, a permit is required: Cooking and heating equipment shall not he located within 10 feet of exits or combustible mate ria#s. • LPG containers shall be located outside and be adequately protected and secured. and a permit will be required. ❑pen 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 ❑epartment 27. The Applicant shall install and maintain a substantial physical barrier (water -filled traffic harrier 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 ❑f space around all underground facilities. such as vault lids, manholes, vent pipes, pad -mounted transformers, etc_ 29. Seating ❑r structures below overhead conductors and/or under the 'drip line' shall he 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. 09-30-2.1 22-289 Attachment No. ZA 2 Vicinity Map 22-290 VICINITY MAP .� •�►i � -• r \ � �' .ram �� .' A t Off -site parking '�� ~ „fi *; pk • ' M r I.i' y.• '` w .41 ..�'`'�•, o ar - �' Subject Property VN K;5•. . '• �� .�' Off -site parking - r A,` ... + Off -site parking �I�!• � ' � Limited Term Permit No. XP2021-012 and Coastal Development Permit No. CD2021-041 (PA2021-191) 2441 East Coast Highway 22-291 Attachment No. ZA 3 Emergency Temporary Use Permit Action Letter 20 22-292 �t� �,ti COMMUNITY DEVELOPMENT DEPARTMENT p�` PLANNING ❑WISION 1 100 Civic Center Drive, P.C. Box 1768, Newport Beach, CA 92658-8915 ;3 , 949-644-3200 www.new ortbeachca. ov me] AId,111ikiItlr'd�11:0:11111*]:2►►j1:101 1VX"to] :»1►il=1:iCJ:Ao 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 .duly 23, 2020 the Community Development Director approved Emergency Temporary Use Permit No. UP2020-065 and Emergency Coastal Development Permit No. CD2020- 071 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. It. 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 T (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 22-293 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 2 environment. There are no known exceptions fisted in CEQA Guidelines Section 15300.2 that would invalidate the use of these exemptions. III. EMERGENCY TEMPORARY USE PERMIT FINDINGS In this case the Community Development Director has found that the temporary use would not create a hazard to the health, safety, or welfare of the community for the following reasons: 1 The operation authorized by this Emergency Temporary Use Permit and Emergency Coastal Development Permit is temporary and only valid during the emergency order established by Emergency Ordinance No. 2020-005. 2. The project. based upon the applicant's project description, approved site plan, and 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 applicabie 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 andfor 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 opera#ion 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 The COVID-19 global pandemic has created a National, State and Local emergency that is more fully described in Emergency Ordinance No. 2020-005. i mplt. 0512212020 22-294 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 3 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. 1f 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. ❑evelopment 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. C❑ 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-ni- 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)1 feet to ensure proper social distancing is maintained. impit 05122(2026 22-295 The Bungalow ETUP and ECDP (PA2020-153) July 23. 2020 Page 4 5. The applicant shall obtain and maintain authorization from the State Department of Alcoholic Beverage Control (ABC) for all areas where the safe, 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 ail 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 go" to patrons that dine within the restaurant or expanded outdoor patios shall be prohibited. 9. The establishment shall abide by all applicable Grange County Health Care Agency requirements. 10. Establishments that provide food service, shall abide by the CGVID-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. Trnplt 05OV2020 22-296 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 5 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 wails) and canopies that are 700 square feet or more in area. a. Post maximum occupant load. b. ❑o 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. I_ LPG containers shall be located outside and be adequately protected and secured, and a permit wilf 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. I. 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 rninimum 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. 13. Seating or structures below overhead conductors and/ar under the 'drip line' shall be 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. C❑ 2. 22. The Community Development Director or designee may inspect the modified area at any time during normal business hours i mpli (1512212020 22-297 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 6 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 approvat 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, 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 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. II II Il /I 11 II rl T ipW 05122i2O2O 22-298 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 7 This decision may be appealeb by the appficanupermittee 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 Seimene Jurjis, Community Development ❑irectoi , &All r F'� : n r2r eba, AICP ahior Pia)iinr Attachments: C❑ 1 Filed Application C❑ 2 SCE Clearance Decal Examples C❑ 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 mpit 0512212020 22-299 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 8 Attachment No. CD I Filed Application Tmplt; 05122/2029 22-300 ,a4. �A.4 Community Development Department Planning Permit Application ,vy 1. Check Permits Requested; ❑ Approval-In-Conr_ept • AEC # ❑ Coastal Development Permit ❑ Waiverfor De Mlnimis Developmem ❑ Coastal Residential Development ❑ Condominium Conversion ❑ Comprehensive Sign Program ❑ Development Agreement ❑ Development Plan ❑ Lot Line Adjustment 2 3. ❑ Lot Merger ❑ Limited Term Permit - ❑ Seasonal ❑ e 90 day ❑y90 days ❑ Modification Permit ❑ Off -Site Parking Agreement ❑ Planned Community Development Plan ❑ Planned Development Permit ❑ Slte Development Review - ❑ Major ❑ MInor ❑ Parcel Map es)/Assessor's Parcel Not 2,Am G a,s�a -t-Iw -'.'I.5 1.]1 1\1i ukl I � ".) i Z - I rA A I , � , 700 Civlr. Center Drive Newport Beach. California 92660 949 544-3200 n ewpo rt bnachca. govrco m muni tyd eve la p m en t ❑ Staff Approval ❑ Tract Map ❑ Traffic Study ❑ Use Permit -❑Minor ❑Conditional ❑ Amendment to existing Use Permit ■❑ Emergency Temp. Use PerrniVCDP ❑ Variance ❑ Amendment -[]Code ❑PC ❑GP ❑LCP ❑ Other-. Project Description and Justification (Attach additional sheets if necessary): .C---VLS � lskv.�3 k*�JZ ) k i t Y-d % Cko -5 F_ Do Ply NYkA , 6T e i 4. ApplicantlCompany Name - Mailing Addressy {-' ����W� Suite/Unit City C7 14 jl I state C 19 Zip Phone 3 tU~70 pax E Email l�[1f �1►NQIt1 peal. �61 5. Contact/Company Name \-[) I Mailing Address Suitelunit �� !2d A sz � Zip City state Phone -3 lo7v t �`��J Fax Email n t,t , tr1S'C ►►*i- 6. Owner Name ! Mailing Address _ ___ __ Suite/Unit City State F Zip Phone Fax __ _JI Email 7. Property Owner's Affidavit*: (1) (We) depose and say that (I am) (we are) the owners) of the property (ies) involved in this application. (1) (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) knowtedgje and belief. Signature[s); Title:� �YL Date: 1 Ill W D !YE R Signature(s): Title: ` )ate: *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 Parcel/Tract Map and Lot Line Adjustment Application must be notarized. i lUsereLCl7QI5naredWdmin+pSann�ng p�vraienlApppcstlonsVRRPllcallo�>_GuldalinealCcria-19 appllcaunn updale\Plannlnp Peno Appk nliw - Covid-19.do[:K Ravi DUPW2020 29 22-301 Agreement to Provide and Maintain Liability Insurance for Temporary Use of Public Property Agreement to Indemnify defend and hold harmless the City of Newport Beach Emergency Temporary Use Permit No. Business/Permitter Address/Location: r-- 5 Unless otherwise indicated, I will obtain and maintain commercial general liability insurance on an "occurrence" basis, including completed products and completed operations, property damage, bodily injury and personal and advertising injury with a limit of not less than $1,000,O00 per occurrence. This insurance shall be endorsed to name the "City of Newport Beach, the City Council, its employees, and agents" as additional insureds, and provide that this insurance is primary and non-contributorywith any other insurance or self-insurance available to the City, Permittees shall also maintain workers' compensation as required by the State of California with Statutory Limits, and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident far bodily injury or disease. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the "City of Newport Beach, the City Council, its employees, and agents." If permittee maintains broader coverage and/or higher limits than the minimums provided in this Section, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the permittee, All policies 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. I understand the City reserves the right to require a permittee to submit the requisite insurance documents For review at any time, Permittees shall agree to defend, indemnify and hold harmless the City and its employees from and against any and all 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 the issuance of the 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, or proceeding whether incurred by appllcant, City, and/or the parties initiating or bringing such proceeding.. An approved and executed permit constitutes a contract between the City and Permittee for all purposes. On behalf of the business/permittee: N tiJ a W AQc Print Na e d 7 e Signature Dat 22-302 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 ServPro 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, 35 guests, tent patio-14 tables, 48 guests ■ Valet parking has 50 spaces :D 1 22-303 Attachment No. CD 2 SCE Clearance ❑ecal Examples .J� 22-304 SOUTHERN CALIFORNIA EDISON TRANSMISSION AND DISTRIBUTION BUSINESS UNIT Approved Decals June S, 2020 22-305 UNDERGROUND SERVICE ALERT Contact USA Dial 811 or 800-422-4133 w ww.d i g a le rt, o rglc o nta ct For Underground Locating Two Working Days Before You Dig D16 .S 4 22-306 MINIMUM CLEARANCES FOR PADMOUNTED TRANSFORMERS SEE DDS-3, 3-40 PAD WINDOW 6' WINDOW 5' OR DOOR DOOR SIDE; 8' CLEARANCE, �~ MEASURED FROM EDGE OF PAD, IS REQUIRED a 12' STAIRWAY DOOR SIDE: S' CLEARANCE, MEASURED FROM BACK OF F ACCESS OPENING, IS REQUIRED ❑� a SLAB BOX ROOF FOR OTHER OVERHANG) its F_ NON -DOOR SIDES: 3' CLEARANCE. MEASURED FROM EDGE OF PAD, IS REQUIRED 3' PAD BUILDING WALL, STRUCTURE, OR FOUNDATION, 12" MINIMUM CLEARANCE BETWEEN PAD AND PROJECTION BUILDING FOUNDATION. NOTES: 1, AN 8' MINIMUM CLEARANCE 15 REQUIRED ON DOOR SIDE OF TRANSFORMER FOR OPERATION, THIS AREA MUST REMAIN CLEAR OF ALL OBSTRUCTIONS INCLUDING, BUT NOT LIMITED TO, SHRUBS, TREES, GATES, FENCES, WALLS, SIGNS AND POLES. 2. PAD -MOUNTED TRANSFORMERS SHALL NOT BE LOCATED 1N FRONT OF DOORS, STAIRWAYS, BENEATH WINDOWS THAT CAN BE OPENED, OR WHERE THEY WILL OBSTRUCT THE V61ON OF VEHICULAR TRAFFIC 3. PAD -MOUNTED TRANSFORMERS SHALL BE LOCATED AT LEAST THE MINIMUM DISTANCE AWAY FROM BUILDINGS OR OTHER STRUCTURES TO ENSURE ADEQUATE SPACE FOR OPERATING, TO MINIMIZE VIBRATION HUMS, AND TO MEET FIRE SAFETY REQUIRMENTS. 4. A CLEAR PASSAGEWAY OF 12 FEET MINIMUM SHALL BE AVAILABLE AT ALL TIMES, IMMEDIATELY ADJACENT TO ONE SIDE OF THE TRANSFORMER TO PROVIDE AN ACCESSIBLE ROADWAY FOR TRANSFORMER MAINTENANCE. THIS PASSAGEWAY SHALL BE DESIGNED TO MEET H-20 (20-TON) CONSTRUCTION. 5, TRANSFORMER STRUCTURES WILL NORMALLY BE INSTALLED ONLY IN NONTRAFFIC AREAS. TRANSFORMER PROTECTION IS REQUIRED WHEN COMPANY EQUIPMENT IS EXPOSED TO TRAFFIC. THIS PROTECTION MAY BE IN THE FORM OF BARRIERS, BARRICADES, OR CURB. A CURB MUST HAVE A MINIMUM HEIGHT OF b INCHES AND BE AT LEAST 6 INCHES THICK AND ITS FRONT FACE LOCATED 60 INCHES MINIMUM FROM THE EQUIPMENT FOUNDATION. DJ4 SZ::; 22-307 The Bungalow ETUP and ECDP (PA2020-153) July 23, 2020 Page 2 Attachment No. CD 3 Site Plan Diagram Tmpfr 05iM2020 22-308 37 22-309 Attachment No, ZA 4 SCE Clearance ❑ecals 3Q 22-310 SOUTHERN CALIFORNIA EDISON TRANSMISSION AND ❑ISTRIBUTION BUSINESS UNIT Approved Decals June 8, 2020 S5 22-311 UNDERGROUND SERVICE ALERT Contact USA Dial 811 or 800-422-4133 www.digalort.org/contact For Underground Locating Two Working Days Before You Dig D16 4 r, 22-312 MINIMUM CLEARANCES FOR PADMCUNTED TRANSFORMERS SEE DDS-3, 3-40 WINDOW 6' WINDOW 6 OR DOOR 12' STAIRWAY DOOR SIDE: MEASURED B' CLEARANCE, FROM EDGE DOOR SIDE: 8' CLEARANCE, MEASURED FROM BACK OF OF PAD, IS REQUIRED 0 ACCESS OPENING, IS REQUIRED PAD NOTES: 3, PAD SLAB BOX ROOF (OR OTHER OVERHANG) NON -DOOR SIDES; 3' CLEARANCE, MEASURED FROM EDGE OF PAD, IS REQUIRED BUILDING WALL, STRUCTURE, OR FOUNDATION. 12" MINIMUM CLEARANCE BETWEEN PAD AND PROJECTION BUILDING FOUNDATION, 1. AN 8' MINIMUM CLEARANCE IS REQUIRED ON DOOR SIDE OF TRANSFORMER FOR OPERATION, THIS AREA MUST REMAIN CLEAR OF ALL OBSTRUCTIONS INCLUDING, BUT NOT LIMITED TO, SHRUBS, TREES, GATES, FENCES, WALLS, SIGNS AND POLES. 2. PAD -MOUNTED TRANSFORMERS SHALL NOT BE LOCATED IN FRONT OF DOORS, STAIRWAYS, BENEATH WINDOWS THAT CAN BE OPENED, OR WHERE THEY WILL OBSTRUCT THE VISION OF VEHICULAR TRAFFIC 3. PAD -MOUNTED TRANSFORMERS SHALL BE LOCATED AT LEAST THE MINIMUM DISTANCE AWAY FROM BUILDINGS OR OTHER STRUCTURES TO ENSURE ADEQUATE SPACE FOR OPERATING, TO MINIMIZE VIBRATION HUMS, AND TO MEET FIRE SAFETY REQUIRMENTS, 4. A CLEAR PASSAGEWAY OF 12 FEET MINIMUM SHALL BE AVAILABLE AT ALL TIMES, IMMEDIATELY ADJACENT TO ONE SIDE OF THE TRANSFORMER TO PROVIDE AN ACCESSIBLE ROADWAY FOR TRANSFORMER MAINTENANCE. THIS PASSAGEWAY SHALL BE DESIGNED TO MEET H-24 (20-TON) CONSTRUCTION. 5. TRANSFORMER STRUCTURES WILL NORMALLY BE INSTALLED ONLY IN NONTRAFFIC AREAS. TRANSFORMER PROTECTION 15 REQUIRED WHEN COMPANY EQUIPMENT IS EXPOSED TO TRAFFIC. THIS PROTECTION MAY BE IN THE FORM OF BARRIERS, BARRICADES, OR CURB. A CURB MUST HAVE A MINIMUM HEIGHT OF 6 INCHES AND BE AT LEAST 6 INCHES THICK AND ITS FRONT FACE LOCATED 60 INCHES MINIMUM FROM THE EQUIPMENT FOUNDATION. D54 4 22-313 Attachment No. ZA 5 Project Plans fmplq 1)W720 42 22-314 43 22-315 Zoning Administrator - November 10. 2021 Item No. Sa Additional Materials Received The Bungalow Restaurant LLC Limited Term Permit and Coastal Development Permit (PA2021-191) From: Jackie Peters <jackie@theworkofart.com> Sent: November 08, 20219:09 AM To; Perez, Joselyn <JPerez@newportbeachca.gov> Cc: Brenner, Joy c1Br-enner@newportbeachca.gov> Subject: ❑pposition to the Bungalow Increase of Capactiy Permit [EXTERNAL EMAIL] DO NOT CLICK links or attachments (inle:.5 you recognize the sender and knn%v the content is safe. Dear Ms. Perez I am a 21 -yea r 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 chefs 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 BungaIow'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. plastic "ICU" tent uses up Bungalow's existing parking lot space and they wish to use the neighborhood to fulfill their parking needs. 1 strongly appose the permit and implore my representatives to recognize that 2401 E.Coast Hwy is not used for employee parking, the surrounding neighborhood boas the negative impact, and the giant, white, plastic "ICU" tent is ugly. Respectfully, Jacqueline Peters 22-316 Zoning Administrator - November 10, 2021 Item No, ab Additional Materials Received The Bungalow Restaurant LLC Limited Term Permit and Coastal Development Permit (PA2021-191 ) From: Judy Wagner <judykay@yahoo.corri> Sent: Tuesday, November 9, 2021 7 :53 PM To: Perez, Joselyn <Perez@newportheachca.gov> Cc: Brenner, Joy <JBrenneri@newportbeachca.gov> Subject: Bungalow Temporary permit request [EXTERNAL EMAIL] DO NOT CLICK links or attachments untess you recognize the sender and know the content is safe. 1'nn against granting any sort oFexpansion. temporary or permanent, to The Bungalow restaurant. The 'Facts' used to describe the potential impact of tine expanded dining area on the neighborhood are false. The Bungalow has never used ? 101 E Coast Hwy for employee not- 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 airy 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. 1 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°/o expansion w'r11 bring 25% more huge diesel delivery trucks, and ?5% more garbage pick-ups, 25% nnore 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! P 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 $900.000 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 tine resolution states that there is not currently any disruption to the surrounding conunnulnity. I personally have called NBPD twelve times to report streets blocked by delivery trucks ks. I personally have called N BPD 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 Zonis, has not been responsible in protecting local residents from commercial disruption. This needs to stop. This requested Tent with no overall limit on increasing capacity will aI[am the Bungalow to continue to disrupt the surroundijig Corn Ill UInit) and only exacerbate the problem. Jude Wagner 949-500-5799 701 112 Carnation Ave, CdM 92625 22-317 Exhibit K 22-318 4t� CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT :December 16, 2021 F�,Agenda Item No. 10 SUBJECT: El Cholo (PA2021-189) ■ Limited Terns 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, lestmoreland(c7?newportbeachca.goy_ 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 deve#opment 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 Strt:ctures) 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). 0 22-319 El Cholo (PA2021-189) Zoning Administrator, December 16, 2021 Page 2 DISCUSSION • A request for a limited term and coastal development pert -nit 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 focated 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 parting 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 far outdoor dining areas. ENVIRONMENTAL REVIEW This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 'I (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 pubic or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion Of use. The Ctass 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 i and Class 3 exemptions. There are no known exceptions I mpio na .— ern 22-320 El Cholo (PA2021-189) Zoning Administrator, December 16, 2021 Page 3 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 Vunicipal 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 949-544-3200. Prepared by. Liz Westmoreland, Associate Planner law Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map ZA 3 Emergency Temporary Use Permit Action t etter ZA 4 SCE Clearance Decals ZA 5 Project Plans 22-321 Attachment No. ZA 1 ❑raft Resolution -'I 22-322 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 An application was filed by El Cholc 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 EI Choic 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 1E, 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 tCEQA) 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 RegLltations, 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 22-323 Zoning Administrator Resolution No. ZA2021-### Paae 2 of 10 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 Terri? Permit In accordance with Section 20,52.040.G (Limited Terris Permits) of the Newport Beach Municipal Code; the following findings and facts in support of such findings are set forth Findin A. The operation of the limited duration arse 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 rise Facts in Support of Fin6ng: The limited term permit will allow an extended and expanded outdoor dining patio for up to a one (I) -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 pubiic 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 COVI❑-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 09-30-21 22-324 Zoning Administrator Resolution No. ZA2021-### Page 3 of 10 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. 25. 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 adegUate in size and shape to accommodate the !limited daration Else without material detriment to the use and enjoyment of other properties tocated adjacent to and in the vicinity of the lot; Facts in Support of Finding: The subject lot is approximately 019 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 foots 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. a5-3Q-21 22-325 Zoning Administrator Resolution No. ZA2021-### Page 4 of 10 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: 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 eitheron-site or at alternate locations acceptable to the Zoning Administrator,* and Facts in Support of Finding: 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 arse 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 far 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 q 9-3 Q-21 22-326 Zoning Administrator Resolution No. ZA202I-### Paae 5 of 10 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 rises and the expanded dining area is a temporary use, authorized with a limited tern? 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 Genera# Plan Land Use Element Policy LU 2.4 (Economic Development), also copied below: Goal LU 2 A living, artwe, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversify of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City's diverse recreation aI amenities, and protect its important environmental setting, resources, and qualify 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. (trap 1J, 24J ) 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 Perm permit would support a local business and economic prosperity while maintaining the unique character of the Corona del Mar community. S. The site is not located within a specific plan area. SECTION 4, DECISION. NOW, THEREFORE, BE IT RESOLVED: -a 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 ❑9-3d-21 22-327 Zoning Administrator ResolLltlon No. ZA2021� Page 6 of 10 15301 under Class 1 {Existing Faciiities� 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 an 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. 1 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 Municipaf Code. PASSED, APPROVED, AND ADOPTED THIS 1GT" DAY OF DECEMBER, 2021. Jaime Murillo, Zoning Administrator 22-328 Zoning Administrator Resolution No. ZA2021-f## Pale 7 of 10 EXHIBIT "A" CONNTIONS 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 shall be effective for tip 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 520 square feet in area. 4. The existing allowed hours of operation of the establishment shall not be extended. The hours or 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. 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. 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. The sale of alcohol "to go" to patrons that dine within the expanded outdoor patios shall be prohibited. 9. The establishment shall abide by all applicable Orange County Health Care Agency requirements. 10. The pernnittee 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 ❑y-sa-a 1 any time during normal business hours. 22-329 Zoning Administrator Resolution No. ZA2021-### Paoe 8 of 10 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 be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated of 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, shalt require an amendment to this Limited Term Permit. 16. To the fullest extent permitted by faw, 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, 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 this Limited Term Permit No. XP2021-008 (PA2021-189) 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 functionaf area shalt 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. 09-30.21 22-330 Zoning Administrator Resolution No. ZA2021 ### Page 9 of 10 19. All taps 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 ❑n 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 ❑epartment devices (fire hydrants, fire department connections, water valves, etc.) shall have a three-foot clearance in all directions. 24. Fire ❑epartment 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 ❑r 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 a canopy. d. All heating equipment installations shall be approved for the fire code official. 27. Covered ❑utdoor 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 ❑r one (1) wail) Post maximum occupant load. ■ ❑o 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. 09-aiJ-21 22-331 Zoning Administrator Resolution No. ZA2021 -### Page 10 of 10 ■ 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 28. The Applicant shall install and maintain a substantial physical harrier (water -filled traffic barrier or K-rail between any area used and adjacent to any street. driveway, or parking area). 29. 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. 30. Seating or structures below overhead conductors and/Or under the `drip line' shall be prohibited. 31. Public eating/dining at tables shall not be situated on top of energized vault lids; energized underground structures, or next to vent pipes, etc. 32, Expanded outdoor dining areas shall adhere to the SCE clearance decal examples provided. 14 22-332 Attachment N o . ZA 2 Vicinity Map 1.5 22-333 VICINITY MAP Limited Term Permit No. XP2021-008 (PA2021-189) 3250 East Coast Highway 22-334 Attachment N o . ZA 3 Emergency Temporary Use Permit Action Letter 22-335 Docusign Envelope ID 888970E4-E777-4G4F-8A53-F 'A6E9744B COMMUNITY DEVELOPMENT DEPARTMENT r PLANNING DIVISION > 100 Civic Center Drive, P.C. Box 1768, Newport Beach, CA 92658-S�J 15 949-644-3200 ` .-- www.new ortheachca. ov 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. tl. 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, ar minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical 22-336 Qocu&gn Envelope ID- 888970E4-E777-4C4F-8A53-F 'AGE9744B El Choio (PA2020-103) June 10, 2020 Page 2 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. Ill. 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, based upon the applicant's project description, approved site plan, and 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 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). 7. This Emergency Temporary Use Permit and Emergency Coastal Development Permit does not extend the allowed hours and days of operation beyond those currentfy 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 COVI❑-19, rmpit: ()512212020 22-337 QocuSign Envelope I❑ 8,58970E4-E777-4C4F-8A53-F 'A&E9744B El Cholo (PA2020-103) June 10, 2020 Page 3 IV. CONDITIONS OF APPROVAL 1, Only that specifically described above and depicted In the artached site plan Is authorized, subject to the conditions set forth below. Any additional changes require separate review and may necessitate separate authorization frorn the Director- 2- As long as this Emergency Temporary Use Pert -nit 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 specified by the City's Risk Manager. All liability insurance policies shall specifically include the City, the City Council, its employees, and agents as additional insureds and shall be issued by an agent or representative of an insurance company licensed to do business in the State of California, which has one of the three highest or best ratings from the Alfred M. Best company. All insurance policies shall contain an endorsement obligating the insurance company to furnish the Community Development Director with at least thirty (30) days written notice in advance of the cancellation of the policy. 4 The 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 tinder the control of the applicant. The establishment shall abide by all applicable regulations of the ABC. 9. The sale of alcohol "to go" to patrons that dine within the restaurant or expanded outdoor patios shall be prohibited. 10. The establishment shall abide by ail applicable Orange County Health Care Agency requirements. 7mpW 05122,2020 22-338 ❑ocuSign Envelopelb'.88897OE4-E777-4C4F-8A53-EP �6E974413 El Cholo (PA2020-103) .June 10, 2020 Page 4 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 permMee 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 35 inches free and clear. All public walks and sidewalks shall be a minimurn 48 inches free and clear. 16. Fire lane(s) shall be identified on the plan acid 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. 13.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. Tmpfr 05/22/2020 22-339 Docu5ign Envelope ID, 888970E4-E777-4C4F-8A53-EA- 16E9744B El Cholo (PA2020-103) June 10, 2020 Page 5 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 ❑irecto r 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. 25. 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, 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 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, Tmplt 05/22/2420 22-340 docuSlon Envelope 10 88897GE4-E777-4C4F-8A53-EP '%E97448 EI Cholo (PA2020-103) June 10, 2020 Page G V. APPEAL This decision may be appealed by the applicantlpermlttee 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, rr a . in N . :deba, AICP enior PIGinrier Attachments: CD 1 Filed Application CD 2 Written Project Description C❑ 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 @II purposes. Ron Salisbury Ceo „hc„S;licant Name and Title Pk, s i5bw,� 6/11/2020 Signature Date f mplt: 0512212020 22-341 Qocu&gn Envelope 10: 888970E4-E777-4G4F-8A53-EF 18E9744B Attachment No. C❑ 1 Filed Application El Cholo (PA2020-103) June 10, 2020 Page 7 Tmpir 05122/2020 3� 22-342 DocuSign Envelope ID 888970E4-E777-4C4F-8A53-EE' `16E9744B CITY OF NEWPORT BCACIi ?o • xi a ;V , a.rvrrrrrruereLy vwr►-+f.rrrrcnt Departmeil3 h 1, } 100 Civic Center Drive Planning Permit Appl ica:fionr'r Newport Beach, Caii49 64.3200 �� `r� •• a QA9 BAa•32t7q •� - roa. newportheachca-govlcammunitydevelopmenl 1. Check Permits Requester!: ❑ Approval -in -Concept - AIC # ❑ Coastal Development Permit ❑ Waiver for De Minimis Development ❑ Coastal Residential Development ❑ Condominium Conversion ❑ Comprehensive Sign Program ❑ Development Agreement ❑ Development Plan ❑ Lot Line Adjustment 2• Project Addressies]IAs 0 ❑ Lot Merger ❑ Limited Term Permit - ..I r'r OF ❑ Seasonal ©a 90 day [ �80 days t ❑ Modification Permit ❑ Off --Site Parking Agreement ❑ Planned Community Development Plan ❑ Planned Development Permit ❑ Site Development Review - ❑ Major ❑ Minor ❑ Parcel Map Parcel No ❑ Staff Approval ❑ Tract Map ❑ Traffic Study ❑ Use Permit -❑Minor ❑Conditional ❑ Amendment to existing Use Permit 1-K Emergency Temp. Use Permit/CDP ❑ Variance ❑ Amendment -❑code ❑PC ❑GP ❑LCP ❑ Other: Project Description and Justification (Attach additional sheets if necessary): i- �� r't P . � S AE _ v AS v S ) P") Via- cu A-Y 'T&5tF'n V / Al G Ji4z J.6j9G�j rt Li 4> V& Z 4. ApplicantlCompany Name I ry 0-1]tl 1 N C 1 Mailing Address � 2 a C'9l 1-4 Suite/Unit I city 6 AO YA `Dri G )'7 71 state CQ�a — zip Phone qq 9 7 1 Fax Email I C 1) rl & ffLCOa0. C'C] /I 5. Contact/Company Name I -r:i-L c,�ML 0 —::::: Mailing Address _ _3-� b CCO�f HCklY 6-, ! Suite/Unit City FOROWA TWZ' OA2 State EO-A l-1 r- Zip 92-4 2J— Phone - `f 17 7771 1.3 7 i Fax 6. Owner Name �.,.► z i (E rL C- 13 a t e Je F7dt Mailing Address lzell ,:F' C�r.st�,Ig I SuitelUnit City G•• ►►�� •� n �� M'lrv� I State Zip IJ zL Phone TY G?s Ga e e Fax 94 4A 3 eti Email [.. 7, Property Owner's Affidavit*: (1) (We) I L::� &- L.- C 0 4M-1 depose and say that (l 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. Signatures Title: _ - _ - %:r4---r Z ` Date: Sr �'� 2-z> ❑0"01YeAe Signature(s): Title:I - _ Date: *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 owners)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notariV. �S 22-343 DoeuSign Envelope ID: 888970E4-E777-4C4F-SA53•Ef A6E9744B Attachment No. CD 2 Written Project Description 22-344 DocuSign Envelope ID 8•88970E4-E777-4C4F-BA3-ER '%6E9744B 4 rz'�i ■ 4,05PM 25/= P + O't O PROJECT DESCR I PTIQN # adding barriers at each end and adding tables and chairs only # same procedures as are already being implemented at existing restaurant # 11:30 until 9, 10 on weekends # 6 4 top tables # same alcohol menu as currently served at existing restaurant # no curbside # none Page 1 of 1 22-345 POPE 40p o 1­7 �r�\.'yam +' � �. � • .ati� r ! � �� �'�� �� 'L� •� - � �-�f% � * ~� �• ,•ice r '- AF i'f. 71, _ 4 : e, i+? tir.Cr- '.iCE '-•'tip+-_t-` .rF �. err+.,10, - �p ri 'r•'. i l Jr t _ _ �Cz`R'�r � f _ i i • _ � „r,+ � -Jrir`�; if r. , :' � _ . ti �r'� _ �w•"� 'r � � -� 'e. �'-r '''•- i - '1: 5i-;w ri`�j._ 11�, • 16 s - _ _ _ _•w`i. r'c..< --_ -- — f�i`��o: v��•�3k:-•Fw. _ -_ y3,• ,� �T' f3 tix tom- _ Y • � - _ - f :#, ' _'�.� ,�r�• .-�.jz.•1 •"-" •~_ yam. - 1 - --_ k-..� �L�=r-. _ - .+'. rti+- �4` - iv .., �"f"Y i.{•_:yK�: �_ yam" _ - _ t DocuSgn Envelope 10: 888970E4-E777-4C4F-8A53-U ' 6E9744B Attachment No. CD 3 Site Plan Diagram Tmplt: 0512212020 El Cholo (PA2020-103) June 10, 2020 Page 2 3O 22-348 m w m IT r` w ua 4 T m CD g m a a m 7 w r 0 r. rn :n m c A S/ V Y� ! ii 91 CD 41 jI 'f1�1 .. pig. t}Q� C • � � - I � � ,��..�'.y �V�pl._� 414 � � � i I .��'J i ^�` �,+ mil^ �^tf ; � � {� a , ... ;4 3' 41 sa o I 1 I I a • I I 1 I I I�i 1 i 1 � I i I 1 I� j � ' I I i I � , p iV• • I l 1 I t I 1 I_ i i I I I I- i i- 1� 1 i i i i i .yeii+o-7� I� I�, i I� I �, ,, I ;�� I I f �EACy •� '••II i j 'I. � I ,• it �., l; '. i •� i �. H� ,�,�]O�j IH 22-349 Attachment No. zA 4 SCE Clearance ❑ecals 22-350 SOUTHERN CALIFORNIA EDISON TRANSMISSION AND DISTRIBUTION BUSINESS UNIT Approved Decals June 8, 2020 22-351 UNDERGROUND SERVICE ALERT Contact USA Dial 811 or 840-422-4133 www.digalert.org/contact For Underground Locating Two Working Doys Before You Dig D16 S4 22-352 MINIMUM CLEARANCES FOR PADMCUNTED TRANSFORMERS SEE DDS-3, 3--40 WINDOW n 6' WINDOW fi' OR DOOR 12' STAIRWAY DOOR SIRE: MEASURED 8' CLEARANCE, FROM EDGE n� DOOR SIDE: S' CLEARANCE, MEASURED FROM BACK OF z k OF PAD, IS REQUIRED � ACCESS OPENING, IS REQUIRED PAD 12" f-- PAD � � F-I SLAB BOX ROOF (OR OTHER OVERHANG) NON -DOOR SIDES: 3' CLEARANCE, MEASURED FROM EDGE OF PAD, IS REQUIRED BUILDING WALL, STRUCTURE, OR FOUNDATION. 12' MINIMUM CLEARANCE BETWEEN PAD AND PROJECTION BUILDING FOUNDATION. NOTES: 1. AN 8' MINIMUM CLEARANCE IS REQUIRED ON DOOR SIDE OF TRANSFORMER FOR OPERATION. THIS AREA MUST REMAIN CLEAR OF ALL OBSTRUCTIONS INCLUDING, BUT NOT LIMITED TO, SHRUBS, TREES, GATES, FENCES, WALLS, SIGNS AND POLES. 2, PAD -MOUNTED TRANSFORMERS SHALL NOT BE LOCATED IN FRONT OF DOORS, STAIRWAYS, BENEATH WINDOWS THAT CAN BE OPENED, OR WHERE THEY WILL OBSTRUCT THE VISION OF VEHICULAR TRAFFIC 3. PAD -MOUNTED TRANSFORMERS SHALL BE LOCATED AT LEAST THE MINIMUM DISTANCE AWAY FROM BUILDINGS OR OTHER STRUCTURES TO ENSURE ADEQUATE SPACE FOR OPERATING, TO MINIMIZE VIBRATION HUMS, AND TO MEET FIRE SAFETY REQUIRMENTS. A. A CLEAR PASSAGEWAY OF 12 FEET MINIMUM SHALL BE AVAILABLE AT ALL TIMES, iMMEDIATELY ADJACENT TO ONE SIDE OF THE TRANSFORMER TO PROVIDE AN ACCESSIBLE ROADWAY FOR TRANSFORMER MAINTENANCE. THIS PASSAGEWAY SHALL BE DESIGNED TO MEET H-20 (20-TON) CONSTRUCTION. 5. TRANSFORMER STRUCTURES WILL NORMALLY BE INSTALLED ONLY IN NONTRAFFIC AREAS. TRANSFORMER PROTECTION 15 REQUIRED WHEN COMPANY EQUIPMENT IS EXPOSED TO TRAFFIC. THIS PROTECTION MAY BE IN THE FORM OF BARRIERS, BARRICADES, OR CURB. A CURB MUST HAVE A MINIMUM HEIGHT OF 6 INCHES AND BE AT LEAST 6 INCHES THICK AND ITS FRONT FACE LOCATED 60 INCHES MINIMUM FROM THE EQUIPMENT FOUNDATION. D54 22-353 Attachment No. ZA 5 Project Plans 22-354 22-355 Exhibit L 22-356 From: Murillo, Jaime <JMurilfo@newportbeachca.gov> Sent: Friday, December 6, 2024 11:16 AM To: Kenneth Catanzarite <kcatanzarite@catanzarite.corn> Subject: RE: Citations Made at Public Hearing on December 6 I referred to Assembly Bitl No. 1217, Gabriel (Business Pandemic Relief),which is cited in the facts in support of the findings of approval. The legislation extends temporary relief measures to suspend certain legal restrictions related to alcohol service, food setvice, and parking. As it relates to parking, it authorizes a locatjurisdiction to reduce the number of required parking spaces for existing uses by the number of spaces determined to be needed to accommodate an expanded outdoor dining area. From: Kenneth Catanzarite <kcatanzarite@ycat,anzarite corn> Sent: December 06, 2024 11:11 AM To: Murillo, Jaime cJrl urjIlo2newpgrtbeachra,gov> Subject: RE: Citations Made at Public Hearing on December6 [EXTERNAL EMAIL] Qo NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Thank you for that. Did you also refer to a section that did not require a parking study or analysis? If so would appreciate that as well. From: Murillo, Jaime <JMurillor@new?+ortheachca.-oov> Sent: Friday, December 6, 2024 10:57 AM To; Kenneth Catanzarite<kcatanzarite nr_atanzarite,co111> Subject: RE: Citations Made at Public Hearing on Decembers Hi Mr. Catanzarite, The exceptions to the sound -amplifying permitting requirements and regulations are contained in NBMC Section 10.32.090. The subsection I mentioned was subsection (e). 10.32.090 Exceptions. The provisions of this chapter shall not apply to the use of sound trucks or sound -amplifying equipment in conducting the following activities: A. Any activity conducted an public property, or on private property with the consent of the owner, by any public entity, or its officers, employees, representatives, agents, subcontractors, permittees, licensees, or lessees, which is consistent with, and in furtherance of, the governmentat functions or services the public entity is authorized, or responsible, to perform. Activities which are exemptfromthe provisions of this chapter include, without limitation, sporting and recreational activities which are sponsored or co -sponsored by the City of Newport Beach or the Newport Mesa Unified School District; B. Activities conducted on property of churches or private clubs where the sound is confined within the boundaries of such property; C. Licensed sightseeing or excursion vessels Operating on the waters of Newport Harbor; D. Activities conducted within the boundaries of City -Licensed amusement centers where the sound is confined within the boundaries of such amusement centers; 22-357 E. Activities regulated by a use permi. , other Land use control under the provi8iL of Title .'-_a, planning and zoning; F. Activities regulated by a special events permit under the provisions of Chapter I-L Z, speciat events. (0rd. 95- 38 9 4 (part),1995) From: Kenneth Catanzarite �I ca#an�afite�7catar,zar�te.ccn�� Sent: December 95, 2024 9:21 AM To: Murillo, Jaime rlMuriltoPriewportbeachca gv> Subject: Citations Made at Public Hearing on December 5 [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. Mr, MuriLlo: it is my recollection that you made a number of references to the Municipal Code Last evening. I was unable to capture the details. Would you be so kind as to provide me with those specific citations? That would be much appreciated. Thankyou in advance. Ken KENNETH J. CATANZARITE CATANZARITE LAw CoRpoRATICN 2.33 1 NEST LINCOLN AVENUE ANAHEIM. CA 9250 1 DiRecr DIAL: (7I 4) 878-2 100 DtR= FAx: (71 4) 399-0577 OFFICE PHONE: (71 41 520-5544 OFFICE FAX! 171 4) 520-0680 NOTICE 'rhis i-mail ( including attachments) is covered by Ilie Eleetlonic Conununicaiions Privacy Act. 18 U 5 C §y25tO-2�,21 _ is cunlldemial- nas} be Iegaliv privileged and exempt rroni disclosure under applicable lave IF ynu are not the uxended recipient you are hcrrlty ncltil'ted that any retention, dissemiriawrt, disVibution, or cupymg of this communication is sled- prohihued ti"rou have received this e-mail in error. please S i1 notify the sender Immediately that you have received the message in error_ (n) delete the message and all copies. and (iii) do not disclose- distribute or use the message In any manner We have taken precautions to III lnimize the risk of vammItling Noft%Nwe viruses, but %ve advise vmi to carry out 1•nur nvrn virus cheeks on any attachment to this messnQe We cannot accept ItabiIit% rnr any loss or damage caused by soIlware viruses Tkank rou 22-358 Attachment F Five Crowns Response to Appeal Letter dated October 22, 2024 22-359 Ll LAWRY'S RESTAURANTS. INC. 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 22-360 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 22-361 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 22-362 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 22-363 Attachment G Plans 22-364 Five Crowns Temporary Outdoor Dining Patio 1,350 sq.ft. expanded outdoor 3801 East Coast Highway dining in existing patio/garden (68 seats, refer to seating layout) Temporaray Outdoor Dining Area 850 sgft of the temporary patio is covered by a 28' x 30' x 25' high Limited Term Permit and Coastal Development Permit October 2023 framed white tent canopy (dark blue). Remaining temporary patio area is uncovered (light blue) e. coast NAM- rn - ~ --------------------- '1 ,I Tandem parking I I I Ir I o' APN o52-162-02 I a>I Parking all I0. i I � I � � I I Tandem parking I I P11. 155' Mrll a I? 9411 ' 0 �� i Five Crowns ' o - --1 8 I I Pad o I WNW -rra0 A �.aaarr raa rr.a V NBYPMT Sa*w oomwwry GEVRAFVMCe�MT.YENT OF T}ME PLMl9 ME'S N01 OON5TITUTE EXPFEM 'OR IMPLIF ) 79N i4 Gi}HMM7 AM EULDH O W '.I ATIM CF M _1 1*1 lei i 171 1i.2 1% 172 171 174 ig2 193 M4 IEs