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Home My WebLink About22 - Appeal of a Limited Term Permit and Coastal Development Permit for the Five Crowns Temporary Patio (PA2023-0202) - PowerPoint (Staff)FIVE CROWNS TEMPORARY OUTDOOR DINING Appeal to City Council April 29, 2025 CITY OF NEWPORT BEACH ZONING I, i CITY OF NEWPORT BEACH PROJECT LOCATION I, CITY OF NEWPORT BEACH PROJECT DESCRIPTION /1 CITY OF NEWPORT BEACH BACKGROUND • Opened in 1965 as Five Crowns restaurant with piano bar and outdoor dining • UP1822 (1977) • Required off -site parking for 87 spaces with valet • No hours of operation, silent on live entertainment • Original plans outline outdoor area I, CITY OF NEWPORT BEACH EMERGENCY TEMPORARY USE PERMIT (ETUP) HISTORY PROPOSED PROJECT • Temporary Expanded Area 1,350 sq. ft. partially covered and garden area • Large Private Events (75 or more) with live entertainment limited to 4 times per month • Expanded Outdoor Dining close by 9 p.m. weekdays, 10 p.m. weekends • Design Features (DFs) mitigate noise • Temporary one-year from approval date and possible one-year extension • Future Use Permit Amendment required for permanent use I, CITY OF NEWPORT BEACH ZONING ADMINISTRATOR AND PLANNING COMMISSION Zoning Administrator (July 25, 2024 and August 15, 2024): Appellant expressed concerns Updated Noise Report Approved with several additional conditions Planning Commission (December 5, 2024): RK Engineering Group confirmed design features Two neighbors spoke in support Appellant reiterated the concerns appeal • Approved the project NEWPORT BEACH previously identified in the APPEAL CONCERNS Limited Term Permit vs. Use Permit Parking Inconsistency with ETU P conditions History of complaints Use of expanded area with events Noise/Adequacy of Noise Report I, CITY OF NEWPORT BEACH • Limited duration to provide for trial period • LTP provides additional conditions on hours and private events with entertainment • Substantial design features proposed to reduce noise • Off -site lot with valet provides more parking than any other restaurant • Cd M/mixed-use corridor walk-up traffic I, CITY OF NEWPORT BEACH • Conduct a de novo public hearing • Find the project exempt from CEQA pursuant to Section 15301 under Class 1 (Existing Facilities) • Adopt the Resolution denying the appeal and upholding the decision of Planning Commission I, CITY OF NEWPORT BEACH Jaime Murillo, Deputy Community Development Director imurill o(a-)-newportbeachca.gov 949-644-3209 Melinda Whelan Assistant Planner mwhelan(c)-newportbeachca.gov 949-644-3221 I, CITY OF NEWPORT BEACH 12 LTP VS USE PERMIT AMENDMENT • ETUPs used during pandemic to allow outdoor dining • LTPs used as a transition while preparing amendments to Use Permit ,*Amendment to use permit required for permanent use • Private events are typical ancillary uses to restaurants I, CITY OF NEWPORT BEACH PARKING • AB No. 1217, Gabriel (Business Pandemic Relief), relief from parking restrictions for expanded outdoor dining areas • Largest restaurant parking lot along Commercial Corridor • Mixed -use neighborhood I, CITY OF NEWPORT BEACH INCONSISTENCY WITH ETUP CONDITIONS • Standard conditions for all ETUPs during Covid • Not site specific • Quick permits to allow outdoor operations during COVI D • LTP has 41 specific conditions I, i CITY OF NEWPORT BEACH HISTORY OF COMPLAINTS • history does demonstrate a potential need to implement noise mitigation for the restaurant during private events. • long periods of time where no complaints were filed. • The Limited Term Permit is temporary and will provide a trial period to allow the Operator to implement the recommended Design Features. • The limited term permit will also implement controls on the restaurant operation that are not currently in place. I, CITY OF NEWPORT BEACH COMPLAINTS Intermittent history of noise complaints to Code Enforcement 2021 -1 2023 - 1 NOV and 1 Citation overturned 2024 - 4 with unconfirmed noise levels and 1 NOV Citation appeal taken to hearing officer and overturned Long periods of time without complaints Police Records 2023 - 5 noise complaints 1, 2024 — 0 noise complaints CITY OF NEWPORT BEACH USE OF EXPANDED PATIO AREA WITH EVENTS • In operation for over 60 years with private events • Limited hours and number of large events • Design Features to reduce potential noise concerns I, CITY OF NEWPORT BEACH 18 ADEQUACY OF NOISE REPORT Applicant's Noise Report: • Added Design Features to mitigate noise to comply with NBMC • Limited type of equipment • Follow-up analysis and monitoring • 352 Hazel Drive (the Appellant's residence) — exterior and interior noise • Tested in the field to confirm adequacy of report • Noncompliance would lead to Code Enforcement action • Violations could affect extension or Use Permit Amendment ji, CITY OF NEWPORT BEACH 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. 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. I, CITY OF NEWPORT BEACH 20 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. I, CITY OF NEWPORT BEACH 6. A sound attenuation wall shall be constructed pursuant to the details and conditions in the Updated Noise Analysis prepared by RK Engineering Group, Inc. dated August 5, 2024 (Five Crowns Restaurant Private Event Noise Analysis City of Newport Beach). The sound wall shall require the issuance of a building permit and may remain in place after the end of the effective period. In addition to the sound wall, Design Features DF-2 (New 10-foot-tall Gate on Hazel Drive), DF-3 (Acoustical Paneling on Covered Patio) and DF-4 (Maintain Dense Shrubbery), DF-5 (Speaker Location Requirements for Private Events), DF-6 (The use of heavy bass equipment, including drums, amplified bass guitars, and subwoofers will be significantly restricted including DJ sound filters and limiters); and DF-7 (Follow -Up Analysis and Monitoring) as found under Section 1.1 Project Design Features, shall be provided and maintained in good condition. I, CITY OF NEWPORT BEACH 22 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. I, CITY OF NEWPORT BEACH 23 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. I, CITY OF NEWPORT BEACH FLOOR PLAN 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 October2023 framed white tent canopy (dark blue). Remaining temporary patio area is uncovered (light blue) C. avast 1Wy- �r - PIL iIj6-9� --•_ i i� I tandem parking k I j 1 ' i AFN o52-162-02 Parking i IL k I j I � I Tandem parking j I j I � urmaeaphp �� ---------•—•—•-----.----•---------•— — PIL 185, —•---. Alley Q �y a A l g�.94_'� wakmy i f � 0 0 k Five Crowds 0 L - - 80' _ Permanent Outdoor Dining �- Patio (Green) Temporary Outdoor Dining Patio: 1,350 sgft.total. Covered- 850 sgft. (dark blue) Uncovered: 500 sgft (light blue)