HomeMy WebLinkAbout05_The Place Outdoor Dining Limited Term Permit_PA2022-119CITY OF NEWPORT BEACH
ZONING ADMINISTRATOR STAFF REPORT
May 25, 2023
Agenda Item No. 5
SUBJECT: The Place Outdoor Dining Limited Term Permit (PA2022-119)
▪Limited Term Permit (> 90 Days)
SITE LOCATION: 2920 East Coast Highway
APPLICANT: The Place
OWNER: Jake Klohs
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221 or mwhelan@newportbeachca.gov
LAND USE AND ZONING
•General Plan Land Use Plan Category: CC (Commercial Corridor)
•Zoning District: CC (Commercial Corridor)
PROJECT SUMMARY
A request for a limited term permit to authorize a 500-square-foot outdoor dining area for
up to a one-year term at The Place restaurant. Also proposed is a 400-square-foot
canopy. The outdoor dining area will occupy two (2) of the three (3) on-site parking
spaces. One (1) accessible parking space will remain available for use.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no
potential to have a significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. _ approving a Limited Term Permit
(Attachment No. ZA 1).
1
The Place Outdoor Dining Limited Term Permit (PA2022-119)
Zoning Administrator, May 25, 2023
Page 2
DISCUSSION
•The applicant proposes to maintain a modified outdoor dining area for a limited
term that expires December 31, 2023. The modified dining area will be a maximum
of 500-square-feet and occupy two (2)-parking spaces. The outdoor dining area
will close at 9:00 p.m., daily which will mitigate noise impacts to adjacent residents.
•The area has been operating since 2020 without authorized permits; however, staff
recommends allowing the outdoor area to operate until December 31, 2023,
consistent with the conditions and terms of other approved limited term permits for
outdoor dining in the area.
•There area includes a 400-square-foot canopy that has been reviewed and
approved by the Fire Department and Building Division.
•The existing area is protected by water-filled K-Rails per specifications approved
by the public works department.
•The outdoor dining area will occupy two of three existing on-site parking spaces.
One parking space will remain clear for parking which is an accessible parking
space.
•The outdoor dining area will be conditioned to be removed by December 31, 2023.
A permanent outdoor dining area would require the review and approval a
conditional use permit, including a parking study and parking waiver, approved by
the Planning Commission.
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
proposed scope of work is a maximum 500-square-foot outdoor dining patio at an
existing restaurant for a limited term and qualifies under the parameters of the Class
Tmplt: 10/18/21
2
The Place Outdoor Dining Limited Term Permit (PA2022-119)
Zoning Administrator, May 25, 2023
Page 3
Tmplt: 10/18/21
1 exemption. There are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
PUBLIC NOTICE
Notice of this application was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways), including the applicant, and posted on the subject property at least 10 days
before the scheduled hearing, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within
14 days following the date of action. For additional information on filing an appeal, contact
the Planning Division at 949-644-3200.
Prepared by:
CC/msw
Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map
ZA 3 Project Plans
3
Attachment No. ZA 1
Draft Resolution
4
RESOLUTION NO. ZA2023-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
LIMITED TERM PERMIT TO ALLOW AN OUTDOOR DINING
AREA LOCATED AT 2920 EAST COAST HIGHWAY (PA2022-119)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Mike Flamson of The Place, with respect to property located at
2920 East Coast Highway, and legally described as Lot 2, Block O, Tract 323 requesting
approval of a limited term permit.
2.The applicant proposes a limited term permit to authorize a 500-square-foot outdoor dining
area for up to a one-year term at The Place restaurant. Also proposed is a 400-square-
foot canopy. The outdoor dining area will occupy two (2) of the three (3) on-site parking
spaces.
3.The subject property is designated Corridor Commercial (CC) by the General Plan Land
Use Element and is located within the Commercial Corridor (CC) Zoning District.
4.The subject property is not located within the coastal zone.
5.A public hearing was held on May 25, 2023, online via Zoom. A notice of time, place and
purpose of the hearing was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the Zoning
Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Sections 15301 and under Class 1 (Existing Facilities), respectively, of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential to have a significant effect on the environment.
2.The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use. The
proposed scope of work is a maximum 500-square-foot outdoor dining patio at an
existing restaurant for a limited term and qualifies under the parameters of the
Class 1 exemption.
5
Zoning Administrator Resolution No. ZA2023-###
Page 2 of 9
10-18-21
3.The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.040.G (Limited Term Permits) of the Newport Beach
Municipal Code, the following findings and facts in support of such findings are set forth:
Finding:
A.The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, nor
endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood of the
requested limited duration use;
Facts in Support of Finding:
1.The limited term permit will allow an extended outdoor dining patio until December 31,
2023.
2.The expanded dining area has not posed a hazard to the general welfare of persons
residing in the area since it was placed during the COVID-19 pandemic in 2020. The
operation of the expanded dining area is limited until December 31, 2023, and has been
reviewed and conditioned to preclude any detriment to the general welfare of the area.
3.The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
4.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.
5.The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
6.The overall plan includes appropriate delineation of outdoor use spaces with physical
barriers or markers.
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Zoning Administrator Resolution No. ZA2023-###
Page 3 of 9
10-18-21
Finding:
B.The subject lot is adequate in size and shape to accommodate the limited duration use without
material detriment to the use and enjoyment of other properties located adjacent to and in the
vicinity of the lot;
Facts in Support of Finding:
1.The subject lot is approximately 0.08 acres in size and is adjacent to East Coast Highway.
Based upon the site plan, there is adequate area to accommodate the temporary outdoor
dining area without impacting pedestrian circulation and parking.
2.The lot frontage is on East Coast Highway and the use is within a shared building with
other commercial uses. The existing food service use has existed at this site since the
early 1980s. The expanded outdoor dining use will not impede use and enjoyment of the
properties in the area.
3.The proposed outdoor area will occupy two (2) of three (3) onsite parking spaces. An
accessible stall will be maintained on site.
Finding:
C.The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate;
Facts in Support of Finding:
1.The parking for the lot will remain accessible from the alley.
2.The temporary outdoor dining will occupy two (2) parking spaces. The area contains
substantial barriers to protect the area from the drive aisles and parking areas and will
not encroach into the drive-aisles.
Finding:
D.Adequate temporary parking to accommodate vehicular traffic to be generated by the limited
duration use would be available either on-site or at alternate locations acceptable to the Zoning
Administrator; and
Fact in Support of Finding:
1.The temporary outdoor dining will occupy two (2) parking spaces with appropriate
delineation and temporary substantial physical barricades. One (1) accessible parking
space will be maintained for the restaurant use during the Limited Term Permit for the
outdoor area.
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Zoning Administrator Resolution No. ZA2023-###
Page 4 of 9
10-18-21
Finding:
E.The limited duration use is consistent with all applicable provisions of the General Plan, any
applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1.The General Plan land use designation and Zoning designation for this site is CC
(Commercial Corridor). The CC designation is intended to provide a range of
neighborhood-serving retail and service uses along street frontages that are located and
designed to foster pedestrian activity. The temporary outdoor dining use is an accessory
to the existing food service use with outdoor dining, will be utilized for a limited duration on-
site, and will contribute to the neighborhood serving use.
2.The Limited Term Permit for 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 from the proposed amendment include
providing opportunities for the continuation of local businesses that generate sales tax and
provide opportunities for employment, which is consistent with General Plan Land Use
Element Policy LU 2.4 (Economic Development), also copied below:
Goal LU 2 A living, active, and diverse environment that complements all lifestyles
and enhances neighborhoods, without compromising the valued resources that
make Newport Beach unique. It contains a diversity of uses that support the needs
of residents, sustain and enhance the economy, provide job opportunities, serve
visitors that enjoy the City’s diverse recreational amenities, and protect its important
environmental setting, resources, and quality of life.
Policy LU 2.4 Economic Development Accommodate uses that maintain or
enhance Newport Beach’s fiscal health and account for market demands, while
maintaining and improving the quality of life for current and future residents. (Imp
1.1, 24.1)
3.Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Corona del Mar.
4.The site is not located within a specific plan area.
8
Zoning Administrator Resolution No. ZA2023-###
Page 5 of 9
10-18-21
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project
is categorically exempt from the California Environmental Quality Act pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to
have a significant effect on the environment.
2.The Zoning Administrator of the City of Newport Beach hereby approves a limited
term permit (PA2022-119), subject to the conditions set forth in Exhibit A, which is
attached hereto and incorporated by reference.
3.This action shall become final and effective 14 days following the date this Resolution
was adopted unless within such time an appeal or call for review is filed with the
Community Development Director in accordance with the provisions of Title 20 Planning
and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF MAY, 2023.
_____________________________________
Benjamin M. Zdeba, AICP, Zoning Administrator
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Zoning Administrator Resolution No. ZA2023-###
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10-18-21
EXHIBIT “A”
CONDITIONS OF APPROVAL
Planning Division
1.The development shall be in substantial conformance with the approved site plan stamped
and dated with the date of this approval (except as modified by applicable conditions of
approval).
2.The approval of this Limited Term Permit shall be effective to December 31, 2023. The
applicant shall be required to cease all permitted operations and remove any temporary
improvements made to the outdoor spaces as part of this approval at the end of the
effective period.
3.The outdoor dining area shall not exceed 500 square feet and shall occupy no more than
two (2) on-site parking spaces. One (1) accessible parking space shall be maintained
clear and accessible for use at all times.
4.The existing allowed hours of operation of the establishment shall not be extended. The
hours of hours of operation of the temporary outdoor dining area as part of this approval
shall not extend beyond 9:00 p.m., daily.
5.There shall be no use of amplified sound.
6.The applicant shall install and maintain a physical barrier between any area used and
adjacent common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
7.The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
8.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 permittee shall provide adequate trash receptacles within the permitted patio shall and
the operator shall provide for periodic and appropriate removal of trash, litter debris and
graffiti from the premises and on all abutting sidewalks within 20 feet of the premises.
11.The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
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Zoning Administrator Resolution No. ZA2023-###
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12.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
13.The applicant shall comply with all federal, state, and local laws. Material violation of any
of those laws in connection with the use may be cause for revocation of this Use Permit.
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 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.
16.To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City, its City Council, its boards and commissions, officials, officers, employees, and agents
from and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, 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 PA2022-119) for The Place Outdoor Dining. 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.
Fire Department
17.Fire lane(s) shall be identified on the plan.
18.Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
19.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.
20.All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three (3)-foot clearance in all directions.
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Zoning Administrator Resolution No. ZA2023-###
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10-18-21
21. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
22. Heat Lamps or other heating elements shall comply with the following requirements in
accordance with Code 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 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 a minimum of 10 feet from the edge of the tent or
canopy.
• All heating equipment installations shall be approved for the fire code official.
23. Covered outdoor dining areas (separate or consolidated) shall comply with the following
standards for tents larger than 400 square feet (2 or more walls) and/or canopies larger
than 700 square feet (no walls or one (1) wall):
• Post maximum occupant load.
• Do not exceed posted occupant load inside the tent or canopy.
• Visible and Mounted Fire Extinguishers with current service tags.
• No Smoking Signs shall be installed.
• Illuminated Exit Signs shall be installed.
• Emergency Lighting shall be provided.
• 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
24. 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.
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Zoning Administrator Resolution No. ZA2023-###
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10-18-21
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).
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.
25. Provide not less than 5-percent accessible seating at tables and counters with knee
clearance of at least 27-inches-high, 30-inches-wide, and 19-inches-deep.
26. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above
the finish floor.
27. All exiting paths shall be a minimum 48 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
28. 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.
29. Accessible routes, including under canopy(ies) and other overhead improvements shall
maintain a minimum clear height of 80 inches.
30. 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
31. A substantial barricade (k-rail, water-filled barrier or other barrier, approved by the Public
Works Department) shall be provided between the proposed outdoor dining area within
the parking spaces and the alley. This barrier shall also be provided between the outdoor
dining and any parking drive aisles and parking stalls.
32. The dining area and substantial barricades shall not encroach into the existing drive
aisle or alley right of way.
33. 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.
34. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
35. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
36. Outdoor dining areas shall adhere to the SCE Clearance Decal examples provided.
13
Attachment No. ZA 2
Vicinity Map
14
VICINITY MAP
Limited Term Permit (> 90 Days)
PA2022-119
2920 East Coast Highway
Subject Property
15
Attachment No. ZA 3
Project Plans
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17
From: Cynthia Otto <cotto1136@yahoo.com>
Sent: May 23, 2023 1:55 PM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Subject: "The Place" public hearing 5.23.23
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear Melinda,
I'm writing in support of our local pub, The Place, being approved for an outdoor patio behind their
establishment in Corona Del Mar. As a 20-year resident of CDM, my family and I truly enjoy the patio
area that was opened during COVID. It's been a wonderful gathering place for families and friends
and I'm hopeful that it will be approved by the City of Newport Beach to remain open. Thank you for
your consideration.
Sincerely,
Cynthia Otto
418B Poinsettia
Corona Del Mar
714.305.7075
cotto1136@yahoo.com
Zoning Administrator - May 25, 2023 Item No. 5a Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
From: Jason Simco <jsimco@nmusd.us>
Sent: May 23, 2023 11:15 AM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Subject: The Place
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Melinda,
My name is Jason Simco and I am the head varsity boy's basketball coach at Corona del Mar High School. We
have spent the last two years hosting our team meals, parent nights and coaches' meetings at The Place and
when I recently called to reserve the patio for an upcoming 8th grade parent night, I was told it is no longer
available pending a decision. I am writing this email on their behalf. The Place has been more than
accommodating for our program, parents, coaches and student athletes. I hope a decision can be made to
allow for the use of that back patio as there is no other establishment that provides the service and space for
50‐100 players and parents to enjoy an evening. They have been generous donators to our program and we
try to reciprocate that by holding our events there. I hope the city can continue to allow for the back patio
space to be used for dining. Thank you for all your service to our community.
Jason Simco, M.S. Special Education
Corona del Mar High School
Education Specialist
Varsity Boys Basketball
2101 Eastbluff Dr
Newport Beach, CA 92660
Ofc. 949-515-6000 ext. 3175
Zoning Administrator - May 25, 2023 Item No. 5a Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
Fax. 949-515-6073
PRIVACY NOTICE/CONFIDENTIALITY: This communication and any documents, files, or previous e‐mail messages
attached to it constitute an electronic communication within the scope of the Electronic Communication Privacy Act,
18 USCA 2510. This communication may contain non‐public, confidential, or legally privileged information intended
for the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information is
strictly prohibited under 18 USCA 2511 and any applicable laws. Any review, reliance, or distribution by others or
forwarding without expressed permission is strictly prohibited. If you are not the intended recipient, please contact
the sender and delete all copies.
Zoning Administrator - May 25, 2023 Item No. 5a Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
From: Kim Johnson <kimleej@gmail.com>
Sent: May 23, 2023 8:31 AM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Subject: Fwd: The Place
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hello,
I live in Cameo Shores in Corona Del Mar. I noticed the notice at The Place. I would like you to know that the back dining
has been a game changer for our family! We enjoy going with our kids after there sporting events. There really
aren’t any other options that we can walk or drive to. We would really like to see it stay!
Thank you
Kim Johnson
‐‐
Kim Johnson
C : 949.943.2351
‐‐
Kim Johnson
C : 949.943.2351
Zoning Administrator - May 25, 2023 Item No. 5a Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
From: Kevin Shepherd <kevinshepherd@sbcglobal.net>
Sent: May 23, 2023 2:00 PM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Subject: The Place Outdoor Dining
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Melinda Whelan: Assistant Planner Newport Beach
Newport Beach, CA
Dear Melinda,
My name is Kevin Shepherd. I’ve been a resident of Corona Del Mar since 1991 (32 years, ouch). I’ve seen many
establishments come and go in those 32 years but one constant of life in CDM has been “The Place”.
Very few posiƟves came out of the trials and tribulaƟons of the pandemic but one of them was outdoor dining. It has
really been a joy the last couple of years to be able to sit outside in our beauƟful weather with friends and have a
beverage or food. We’re not quite Paris yet but we are a heck of a lot closer now than we were before.
I wholeheartedly support the Outdoor Dining plan for The Place.
Thank you.
Kevin Shepherd
418 Poinsettia Ave.
Corona del Mar, CA 92625
Cell 949‐279‐0678
Zoning Administrator - May 25, 2023 Item No. 5a Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
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From: Aaron Sobaski <ajsobaski@yahoo.com>
Sent: May 23, 2023 3:46 PM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Subject: Permit Hearing ‐ The Place Restaurant
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Ms. Whelan,
My name is Aaron Sobaski and I am a resident of Newport Beach. I have lived in this community for approximately ten
(10)years along with my daughters. They are currently at CDM for Middle School and High School and previously
attended Harbor View Elementary. I am currently on the Board of the Pacific Explorers, a dad/daughter 501c(3)
charitable organization based here in Newport Beach (formerly known as Indian Princesses and Indian Guides), and was
previously on the Board of the Harbor View Dads charitable organization (while my daughters were still in elementary
school). I’m also a Partner at Sheppard Mullin in our Costa Mesa Office, and practice real estate law, but this email is
being sent as a member of the community and not in any way related to my law practice or law firm.
On a recent dinner outing with my daughters to The Place restaurant on East Coast Highway in Corona del Mar, I saw the
posting for a Notice of Public Hearing regarding a permit to allow The Place to have outdoor seating and, as a local
citizen and someone who has been involved with a number of different youth organizations in the community over the
years (see above plus I was an AYSO soccer and NJB basketball coach for both of my daughters for 6+ years), I wanted to
make sure to pass along some thoughts I have that I feel are important for you and your colleagues to consider with
respect to the proposed Permit. As noted above, I’m a real estate lawyer by profession, and have been practicing for 20
years, but this is in all honesty the first time I have every prepared something like this. I’m doing so in this situation not
because of some legal position I want to support, or because of any advocacy for a client that is paying me to assist
them, but simply because, as an involved local citizen, I think it’s the “right thing to do”.
1.Support Local Small Businesses ‐ The first reason why I am reaching out to you is because I think it is absolutely
imperative that we, as a community, do everything we can to support local small businesses, especially in difficult and
uncertain economic times like we face today. My understanding is that this restaurant has been in this location for over
40+ years, and has been owned by the same local, Newport Beach, family since the late 1980’s. I also understand that
the family has even longer ties to this community, with the owner of the restaurant being a CDM graduate in the 1970’s.
I don’t know virtually anything about owning or operating a small business, let alone a restaurant, but imagine that
doing so, for such a long and extended period of time, is an extremely difficult endeavor, especially with the competition
from the large chains, corporations and investment groups that dominate the local restaurant scene. I have seen so
many local small businesses go away during and after the COVID pandemic, and for a small, family owned and operated
restaurant like The Place to have survived all of that turmoil over all these years, it must be doing things the right way,
and must be owned and run by people who do things the right way. That is exactly the type of small business, and
Zoning Administrator - May 25, 2023 Item No. 5b Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
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family, that our community needs to support in whatever way we can so that our little stretch of PCH in Corona del Mar
can remain a vibrant business center and community hub.
Don’t get me wrong, I like Fashion Island and the small center over by the Bluffs off of MacArthur as much as anyone,
but I moved my family here because of the mix of those areas and the semi‐urban feel of CDM, Balboa Island and the
Balboa Peninsula. That mix is so unique, and really stands out compared to other beach communities, not just in Orange
County but really the entire state. We risk losing that mix and the attraction it has to both residents and guests if we do
not support locally owned small business that are a key component to the character that makes our community so
special.
As noted above, I don’t know the first thing about running a small restaurant along PCH in Corona del Mar, but clearly
the owners of The Place knows how to do so, and they have kept their small local family‐owned establishment running
for over 40 years, through recessions and pandemics, and despite blistering competition from large investment groups
and corporations. If they feel that a minor expansion for outdoor seating is important for their business, to help it
remain a part of this community for another 40 years, then I think we should trust their judgment and support it, or we
risk losing something that makes this community so unique and amazing.
2.Community Benefit ‐ As noted above I have been, and continue to be, heavily involved in local youth organizations
like AYSO, NJB youth basketball, Pacific Explorers, and “Dads” groups that support our public schools. I have held, and
currently hold, leadership positions in those organizations. These organizations, and others like them including Little
League and Scouts, play a large role in the community.
My first time ever visiting The Place was for a fundraising meeting for the Harbor View dads group. It was years before
anyone had heard about COVID and we piled into the back room of the restaurant to discuss fundraising events for the
upcoming school year. As an avid sports fan who grew up in Chicago going to similar small and quirky family‐owned
restaurants with every sport imaginable being shown on walls covered by TVs, I immediately felt a connection. I was
also amazed that such a small restaurant with an address on PCH was able to serve extremely good burgers, pizza and
other traditional “bar food” at prices substantially less than what myself and our charitable group would have had to pay
if we had gone to a large corporate restaurant like Yard House or Islands. I was hooked.
For small community serving charitable organizations (and the families who volunteer for those organizations) it is
important to have a good and cost‐efficient spot to meet up as a group to have small events, meetings, etc. The Place
has provided that location for so many groups over the years. Since expanding into the back area during the pandemic it
has become an even better venue because it not only allows more people to attend and to not be as cramped and
crowded as inside, but it allows us to be outside and enjoy the wonderful weather. Attendence at our events went up
noticeably since we were able to expand to the outside seating, and I have also noticed a number of local youth teams,
and groups of parents and their kids after a weekend baseball or soccer game, use that back area for an impromptu get
together.
There are virtually no other options for our local groups to get together in a setting that provides enough space, good
food that doesn’t blow the budget, and a fun family‐friendly atmosphere, while also knowing that we are supporting one
of “our own” and helping out another person who is trying to make (and keep) our community a wonderful place to live
and raise a family. I would hate to risk losing such a unique venue by denying them an outdoor seating area that helps
them stay in business, especially when that venue truly provides a greater community benefit as a gathering place for a
number of local youth organizations.
3.The Legalese ‐ As mentioned above, although I am a real estate lawyer to pay my bills, this email is being sent by me
personally, and not as a Partner at my firm or on behalf of any client. That doesn’t mean that I should ignore what I
know and have come to understand from 20 years of practice when personally advocating for approving a Permit that I
think does a great benefit for our community and a small business owned and operated by a family with deep ties to our
community. I am not about to dive into legal jargon or a treatise on local zoning ordinances and vested rights. Instead I
want to simply point out that, in my experience, the legal purpose of regulating things like outdoor seating at a local
Zoning Administrator - May 25, 2023 Item No. 5b Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
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restaurant is to, in general, allow our local governments to weigh the environmental benefits vs. the environmental
burdens that are likely to result from the requested activity.
Above, I hope I was able to adequately convey what I feel are two extremely valuable community benefits to allowing
The Place to expand into outdoor seating. By no means are those the only benefits, but I will let others raise and
advocate further on that subject. Here I want to briefly touch on what I anticipate, if I were to play Devil’s Advocate, are
likely to be arguments raised by those who might question or oppose the application.
I suspect there will be some who raise concerns about excess noise. That is a laughable concern for this establishment
and in this location. The area is question is small and is generally surrounded by other businesses and less than a handful
of residences. It is directly against PCH and the non‐stop noise of traffic on PCH is vastly greater than the de minimis
additional noise that might result from the proposed outdoor seating. Unlike places like The Quiet Woman, CDM, The
Port Restaurant, and a number of places out on the Peninsula, this location will not increase noise at night with a bunch
of loud music and drunken patrons, nor will it impact nearly as many residences as those locations do with their outdoor
areas (let alone the number of people who linger outside those particular places late at night carrying on loud drunken
conversations while smoking cigarettes or waiting for their Uber to show up. It would instead most likely be daytime
and early evenings, during sporting events that end well before the noisy hijinks often begin at those other locations,
and with patrons more intent on watching their favorite team and connecting with family and friends than partying into
the wee hours of the night. Any environmental impact relating to noise would be negligible at best and would certainly
not come close to the nuisance level impacts created by other establishments in the area.
Putting aside restaurants for a second, we can look just a few blocks away at what was approved and has occurred at
Grant Howald Park to counter any argument that increased noise will be a problem for this particular area. I speak from
personal experience by saying that the changed use from all of the added Pateadores soccer practices and games up the
street at Grant Howald park have created a much louder impact on the environment (not to mention parking nightmare)
for all residents living nearby (many more residences than would be impacted by The Place) while at the same time
eliminating a local park for use by residents, all for the benefit of just one semi‐local organization that could have used a
number of other, more location appropriate, local parks. I fail to see how the benefit of that project outweighed the
negative impacts it has created (and which were obvious to result from that action), and if increased noise to
neighboring residences is a concern, the negligible impact likely to result from the expansion of The Place will pale in
comparison to the changed use of Grant Howald Park in terms of increased noise and volume, number of dates/times
when such increases occur, and and duration of such increases.
I also suspect that someone might generally object to outdoor seating for a “sports bar” and may claim that it will result
in an increased risk of drunken buffoonery that will spill out into the neighboring sidewalks and residential areas. Again, I
do not think any such objection will be based on any objective analysis of truth or fact. In my experience The Place
attacks a local clientele, often families like my own or groups of families like I note above, who are there to have good,
reasonably priced food, while enjoying a few beers with friends and family and watching their favorite sports and
teams. It is not, nor do I ever see it becoming, a destination for loud and unruly soccer hooligans. It isn’t packed to the
brim with drunken 20 year olds taking place in a Pub Crawl across the Peninsula. It is not a “go‐to” destination for the
often drunken and unruly Real Housewives crowd that craves the “scene” at CDM, The Quiet Woman, A Restaurant, and
others. Outdoor expansion of The Place isn’t going to change “what it is” or who its patrons are, and those patrons and
the new patrons who, like me almost 10 years ago, are introduced to The Place, are not going to use the opportunity to
enjoy food and beer with friends and family on a small outdoor seating area as an excuse to try to replicate the chaos of
the Christmas Walk Beer Garden all year round.
Obviously there are, generally speaking, environmental impacts of any change in use, and we have ordinances,
regulations and public hearings so we as a community can make informed decisions on whether the benefits of the
action outweigh its burdens. I see massive benefits resulting from this course of action, and virtually no negative
impacts, certainly none that come close to outweighing the benefits.
Zoning Administrator - May 25, 2023 Item No. 5b Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
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4.It’s the Right Thing to Do ‐ Last, and I apologize for being so verbose but I figure if I am finally going to write one of
these after 20+ years of not even doing so as part of my job then I should get my money’s worth, I want to end by simply
saying that approving this Permit is the “Right thing to do.” The Place has been a restaurant serving this community
since before I was even born. It has been owned and operated by a local Newport Beach family for over 40 years. It has
survived as a small, quirky, fun, family friendly and affordable hang‐out for local residents and families despite numerous
challenges that caused so many other local small businesses to go under. It is a key part of our community and one of
the things that makes our city so unique and special. It has provided a venue and gathering “Place” for many community
groups that will also see benefits from having an outdoor area for small meetings and events. This Permit isn’t about
allowing a wealthy group of investors to expand a new “hip” location to line their pockets and make the location more
appealing to the production crew of a reality TV series. It’s about helping a local small business owner keep the business
in operation so it can continue to be a service to this community for another 40+ years. To use a sports phase, and
quoting the late, great Chick Hearn, approving this Permit should be a “Slam Dunk!”
Thank you for your time.
Best regards,
Aaron J. Sobaski
ajsobaski@yahoo.com
415‐290‐5500
Zoning Administrator - May 25, 2023 Item No. 5b Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
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From: Melissa Maher <melissa.maher2@gmail.com>
Sent: May 23, 2023 4:07 PM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Subject: Support for Maintaining Outside Seating in Newport Beach
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Dear Ms. Whelan,
I am writing to express my strong support for the outside seating arrangements that restaurants in
our beautiful city of Newport Beach currently offer. As a resident of Corona Del Mar, I have personally
experienced and greatly enjoyed the vibrant atmosphere and numerous benefits that outdoor dining
spaces bring to our community.
The availability of outside seating has significantly enhanced the overall dining experience for patrons
like myself. It provides a wonderful opportunity to enjoy the pleasant climate that make our city so
unique. Whether it's savoring a delicious meal with friends and family or simply sipping a cup of
coffee, the outdoor seating areas have become an integral part of the charm and allure of Newport
Beach.
Furthermore, it is essential to recognize the positive impact that these seating arrangements have on
the local economy and restaurant owners. The ability to offer outside dining options has proven vital
for many establishments, especially during the challenges posed by the COVID-19 pandemic. It has
allowed restaurants to maximize their capacity, attract more customers, and generate additional
revenue. By preserving and supporting these outdoor spaces, we can contribute to the sustainability
and success of our beloved city's dining industry.
I kindly request that you consider the significant benefits that maintaining outside seating brings to
both the patrons and restaurant owners in Newport Beach. As we all strive to ensure a thriving and
enjoyable community, I believe it is crucial to protect and promote the unique characteristics that
make our city a sought-after destination.
Zoning Administrator - May 25, 2023 Item No. 5b Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
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Thank you for your time and attention to this matter. I trust that you will take our community's
sentiments into account when making decisions regarding outdoor seating arrangements in Newport
Beach. If there are any public hearings or opportunities for community input on this topic, I would
appreciate being informed so that I may voice my support in person.
Once again, I express my sincere gratitude for your dedication to the betterment of our city. I look
forward to seeing the continued success and growth of Newport Beach while preserving the elements
that make it so special.
Yours faithfully,
Melissa Maher
Zoning Administrator - May 25, 2023 Item No. 5b Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
‐‐‐‐‐Original Message‐‐‐‐‐
From: Jordan Levy <jzlevy1@gmail.com>
Sent: May 23, 2023 9:05 PM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Subject: Save The Place’s Outdoor Seating!
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Ms. Whelan,
I am writing to implore you to allow continued outdoor dining at The Place. I have lived in Newport my entire adult life,
frequenting The Place, and have loved the COVID addition of outdoor dining in CDM.
As a huge sports fan, the back patio of The Place is the only bar/restaurant outside of the peninsula that allows for
residents to enjoy a football Saturday/Sunday without leaving their pup at home.
Please consider the immense amenity The Place’s outdoor dining has been to our community.
Best,
Jordan Levy
—
Jordan Levy
949.584.7619
Zoning Administrator - May 25, 2023 Item No. 5c Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
Another one.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Ralph Dillon <ralph_dillon@yahoo.com>
Sent: May 23, 2023 4:45 PM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Subject: The place patio
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Good afternoon. I’m writing to support having our beloved restaurant, THE PLACE, keep its outdoor dining patio for us to
use. The pandemic gave us nothing, but that patio gave us hope and happiness.
Thank you,
Ralph dillon
Sent from my iPhone
Zoning Administrator - May 25, 2023 Item No. 5c Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
From: Brittany Morse <brittany@22grouplv.com>
Sent: May 24, 2023 11:58 AM
To: Whelan, Melinda <MWhelan@newportbeachca.gov>
Subject: The Place Outdoor Dining
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hi Melinda,
My name is Brittany Morse and I own a unit in close proximity to The Place at 602B Heliotrope Avenue. I
wanted to send you an email with some of my concerns regarding the permit application for a 500 square foot
outdoor dining area at The Place.
During covid and until just recently, this business had an overhead tarp placed with a number of tables and
chairs in their parking lot, along with a large television (or 2) where patrons could come and watch sports
games. While the face of The Place fronts PCH, the rear of The Place (where the parking lot is and outdoor
proposed dining) is a residential area. Since the temporary outdoor dining area was "built", we have noticed
an increase in the trash on the surrounding streets, patrons of the bar walking through our alleys and
breezeways on private property. Parking is already a problem in the area and this also limited the availability
of parking spaces for residents and our guests. The noise levels increased as well with patrons cheering and
yelling during sports games. Lastly, the mismatched tables, chairs, overhead tarp, orange barriers etc. were
an eyesore and not representative of the charming aesthetics of the neighborhood. Please consider these
issues at the meeting. Thanks so much for your time!
BRITTANY MORSE
Broker / Property Manager
THE TWENTYTWO GROUP, LLC
715 S. Sixth Street
Las Vegas, NV 89101
c: 702.498.6556brittany@22grouplv.com
www.22grouplv.com
License B1489
Zoning Administrator - May 25, 2023 Item No. 5c Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)
Community Development Department Permit Center
(Bay C-lst Floor)
100 Civic Center Drive
Newport Beach, CA 92660
Attn: Zoning Administrator of the City of Newport Beach
May 21, 2023
My name is Sandy Nichols and I live at 519 Iris Ave, CdM. My property is directly across the alley from
the proposed 500 square foot outdoor dining area.
I have several concerns regarding this patio.
1. The bright orange K Filled Rails are totally unacceptable. Please replace them with planters. If
safety is an issue, then please consider using metal bollards between the planters.
2. Umbrellas at each table or a sky shade would be much better than the existing canopy.
3. Please ensure that the patio and parking do not interfere with my ability to get into and out of
my garage.
Sandy Nichols
519 Iris Avenue
Corona del Mar
Zoning Administrator - May 25, 2023 Item No. 5c Additional Materials Received The Place Outdoor Dining Limited Term Permit (PA2022-119)