HomeMy WebLinkAbout02_The Place LTP_PA2023-0230CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT
January 16, 2025 Agenda Item No. 2
SUBJECT: The Place (PA2023-0230)
Limited Term Permit SITE LOCATION: 2920 East Coast Highway
APPLICANT: Katie Flamson, The Place
OWNER: John Klohs PLANNER: Laurel Reimer, AICP, Consultant Planner
lreimer@sagecrestplanning.com
LAND USE AND ZONING
•General Plan Land Use Plan Category: Corridor Commercial (CC)
•Zoning District: Commercial Corridor (CC)
PROJECT SUMMARY
A request for a limited term permit to allow a maximum 500 square foot temporary outdoor
dining area for up to a six-month term (January 16, 2025 through July 16, 2025). The outdoor
dining area was previously authorized through a Limited Term Permit (PA2022-119). No permament construction is proposed.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15301 under Class 1 (Existing Facilities) and Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to havea significant effect on the environment; and
3)Adopt Draft Zoning Administrator Resolution No. ZA2025-### approving a Limited
Term Permit filed as PA2023-0230 (Attachment No. ZA 1).
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The Place (PA2023-0230) Zoning Administrator, January 16, 2025 Page 2
DISCUSSION
•An application was filed by Katie Flamson with respect to property located 2920
East Coast Highway for a Limited Term Permit to allow a 500-square-foottemporary outdoor dining area (aka patio) to serve The Place restaurant for up tosix months.
•A 500 square foot temporary patio with a 400-square-foot canopy was originally
authorized on May 25, 2023, by the Zoning Administrator through a Limited TermPermit (PA2022-119). The Limited Term Permit expired on December 31, 2023. Acopy of the past approval is available as Attachment No. ZA 3.
•The patio proposal will remain the same size (500-square-feet) as authorized byPA2022-119. A canopy not to exceed 400-square-feet will cover the patio. A site planshowing the size and location of the patio is available as Attachment No. ZA 4.
•The outdoor dining area will occupy two of the four existing on-site parking spaces.One standard parking space and one accessible parking space will remain availablefor patron parking.
•The Place has operated in this location since 1984 and has a current Type 47 (On-Sale General Eating Place) Alcoholic Beverage Control (ABC) license. Foodservice use on the site was authorized in 1983 through Use Permit No. 3058 (asamended). The hours of operation for the restaurant are 4:00 p.m. through 9:00
p.m. Monday through Thursday, 11:30 a.m. through 9:00 p.m. Friday and
Saturday, and 11:00 a.m. through 9:00 p.m. Sunday. The patio is proposed tooperate concurrent with the restaurant.
•No complaints have been received by the City to date regarding the operation of thebusiness. Therefore, NBPD is not opposed to the temporary patio application. TheNBPD report and crime and alcohol-related statistics are provided as Attachment No.ZA 5.
•Staff recommends that the current application only be approved for a period of sixmonths (January 16, 2025 through July 16, 2025) with no ability to request anextension (Condition No. 3). It is the opinion of staff that should the applicant wish tocontinue patio operations, then it is appropriate to apply for a permanent patio
installation through a Conditional Use Permit.
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The Place (PA2023-0230) Zoning Administrator, January 16, 2025 Page 3
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 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 authorizes a temporary, 500-square-foot outdoor dining area within
the parking lot of 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.
PUBLIC NOTICE
Notice of this public hearing was published in the Daily Pilot, mailed to all owners and residential occupants of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways), including the applicant, and posted on the
subject property at least 10 days before the scheduled hearing, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the city website.
APPEAL PERIOD:
An appeal or call for review may be filed with the Director of Community Development within 14 days following the date of the action. For additional information on filing an appeal, contact the Planning Division at 949-644-3200.
Prepared by:
___________________ Laurel Reimer Consultant Planner JP/kr
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The Place (PA2023-0230) Zoning Administrator, January 16, 2025 Page 4
Attachments: ZA 1 Draft Resolution ZA 2 Vicinity Map
ZA 3 Previous Limited Term Permit Approval ZA 4 Project Plans ZA 5 Crime and Alcohol-Related Statistics
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Attachment No. ZA 1
Draft Resolution
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RESOLUTION NO. ZA2025-###
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LIMITED TERM PERMIT TO ALLOW A TEMPORARY OUTDOOR
DINING AREA LOCATED AT 2920 EAST COAST HIGHWAY (PA2023-0230)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Katie Flamson of The Place (Applicant) requesting approvalof the Limited Term Permit with respect to property located at 2920 East Coast Highway,
and legally described as Lot 2, Block O, Tract 323 with Assessor Parcel Number 459-183-02, in the City of Newport Beach, Orange County, California (Property).
2.On May 25, 2023, a public hearing was held online via Zoom. At the close of the publichearing, the Zoning Administrator authorized a Limited Term Permit for a 500-square-
foot outdoor dining area for up to a one-year term (PA2022-119). The permit expired onDecember 31, 2023.
3.The Applicant requests approval of a Limited Term Permit to maintain an existing 500-square-foot maximum outdoor dining area for up to six months (January 16, 2025
through July 16, 2025) (Project).
4.The subject property is designated CC (Corridor Commercial) by the General Plan LandUse Element and is located within the CC (Commercial Corridor) Zoning District.
5.The subject property is not located within the coastal zone.
6.Pursuant to Assembly Bill No. 1217, Gabriel (Business Pandemic Relief), temporary reliefmeasures to suspend certain legal restrictions related to alcohol service, food service, andparking have been extended. As it related to parking, a local jurisdiction that has not
adopted an ordinance that provides relief from parking restrictions for outdoor dining areasis authorized to reduce the number of required parking spaces for existing uses by thenumber of spaces that the local jurisdiction determines are needed to accommodate anoutdoor dining area.
7.A public hearing was held on January 16, 2025, online via Zoom. A notice of the time,place, and purpose of the hearing was given by the Newport Beach Municipal Code(NBMC). Evidence, both written and oral, was presented to and considered by theZoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1.This Project is categorically exempt pursuant to Title 14 of the California Code ofRegulations pursuant to Section 15301, Division 6, Chapter 3, Guidelines for
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Zoning Administrator Resolution No. ZA2025-### Page 2 of 10
Implementation of the California Environmental Quality Act (CEQA) under Class 1
(Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) 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, mechanicalequipment, or topographical features, involving negligible or no expansion of an existingor former use. The Class 3 exemption includes a store, motel, office, restaurant, orsimilar 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 authorizes a temporary 500 squarefoot outdoor dining area within the parking lot of an existing restaurant and qualifies underthe parameters of the Class 1 and Class 3 exemptions.
3.The exceptions to the categorical exemptions under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or criticalconcern, does not result in cumulative impacts, does not have a significant effect on theenvironment due to unusual circumstances, does not damage scenic resources withina state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040(G) (Limited Term Permits – Findings and Decision) of the Newport Beach Municipal Code (NBMC), the findings and facts in support of such findings are set forth as follows:
Finding:
A.The operation of the limited duration use at the location proposed and within the time period
specified would not be detrimental to the harmonious and orderly growth of the City, norendanger, 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 a temporary outdoor dining area within the parking lot
of The Place restaurant. The restaurant was authorized in 1983 through Use Permit No.3058 (as amended) while the current temporary outdoor dining area was authorizedpursuant to the Limited Term Permit filed as PA2022-119. The temporary outdoor diningarea would serve as additional outdoor seating for patrons and is fully located on private
property.
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2.A temporary barrier is installed within the parking lot to both separate the outdoor dining
area from the parking lot and alley and to delineate the area dedicated for outdoor diningand alcohol service. There are no existing City utilities within the expanded dining area.
3.The existing hours of operation for the restaurant are 4:00 p.m. through 9:00 p.m.
Monday through Thursday, 11:30 a.m. through 9:00 p.m. Friday and Saturday, and
11:00 a.m. through 9:00 p.m. Sunday. The temporary outdoor dining area is proposedto operate concurrent with the restaurant.
4.Condition No. 1 requires all conditions of approval of Use Permit No. 3058 be adhered to
for this temporary outdoor dining area, unless otherwise modified by the conditions of
approval contained herein. No amplified sound or live entertainment shall be permittedwithin the temporary outdoor dining area.
5.Condition No. 3 limits the operation of the temporary outdoor dining area for up to a six-
month term, terminating on July 16, 2025.
6.The permitted use shall adhere to applicable State of California and Orange CountyHealth Care Agency guidelines for the safe operation of the use. It is the responsibilityof the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines, as required by
Condition No. 12.
7.The permitted use must be operated in compliance with applicable State Department ofAlcoholic Beverage Control (ABC) requirements, as required by Condition No. 14.
8.The proposed operation is conditioned to be accessible to all persons, including thosewith disabilities, in accordance with the Americans with Disabilities Act (ADA), asrequired by Condition No. 21.
9.The Newport Beach Police Department (NBPD) has reviewed the request and is not
opposed to the outdoor dining area application.
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 CoastHighway. Based on the site plan, there is adequate area to accommodate the temporaryoutdoor dining area without impacting vehicular or pedestrian circulation. If approved,the temporary outdoor dining area would be a maximum of 500 square feet.
2.The lot frontage is on East Coast Highway and the use is within a shared building withother commercial uses. The existing food service use has existed at this site since the
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early 1980s. The expanded outdoor dining area will be located at the rear of the building
and will not impede use and enjoyment of the properties in the area.
3.The proposed outdoor area will occupy two of four onsite parking spaces. Oneaccessible stall and one standard stall will be maintained on site.
4.Given the outdoor dining area is located entirely on private property, impacts to pedestriancirculation are not anticipated.
5.No traffic or site circulation issues were experienced during the previous operation of
the temporary outdoor dining area and therefore, are not anticipated with this approval.
Finding:
C.The subject lot is adequately served by streets or highways having sufficient width and
improvements to accommodate the kind and quantity of traffic that the limited duration use
would or could reasonably be expected to generate.
Fact in Support of Finding:
1.The subject site has direct access to Coast Highway and an alley connecting to Third
Avenue. The temporary outdoor dining area is located within the private parking lotabutting the restaurant and will not impede access. Parking for the lot will remainaccessible from the alley.
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 acceptableto the Zoning Administrator; and
Facts in Support of Finding:
1.The temporary outdoor dining area will occupy two of the existing four parking spaceswith appropriate delineation and temporary substantial physical barricades which will
not encroach into the drive-aisles. One accessible parking space and one standard
parking space will be maintained for the restaurant’s use for the duration of the LimitedTerm Permit.
2.The commercial corridor of Corona del Mar provides public on-street parking along East
Coast Highway. Additionally, The Place historically serves the surrounding
neighborhood with a higher volume of bike and pedestrian traffic.
3.Fact 1 in Support of Finding C incorporated by reference.
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Finding:
E.The limited duration use is consistent with all applicable provisions of the General Plan,
any applicable specific plan, the Municipal Code, and other City regulations.
Facts in Support of Finding:
1. The General Plan land use category for this site is CC (Corridor Commercial). The CCdesignation is intended to provide a range of neighborhood-serving retail and service usesalong street frontages that are located and designed to foster pedestrian activity. Permitted
uses include those permitted in the CC Zoning designation, which includes restaurants by
obtaining a use permit. The expanded outdoor dining use is accessory to the existingrestaurant, will be utilized for a limited duration on-site and will be in furtherance of theintention for this land use category.
2.The site is in the Commercial Corridor (CC) Zoning District. The CC Zoning District is
intended to provide for areas appropriate for a range of neighborhood-serving retail andservice uses along street frontages that are located and designed to foster pedestrianactivity. The expanded outdoor dining use is accessory to the existing restaurant, will beutilized for a limited duration on-site, and will not impede use of the site consistent with
the CC designation. The CC District also allows temporary uses as specified within the
Zoning Code and the proposed limited duration use is consistent with this designation.
3.The Limited Term Permit for temporary outdoor dining would complement and beconsistent with the other commercial uses permitted within the CC Zoning District 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 PlanLand Use Element Goal LU 2, below. Additional benefits from the proposed amendmentinclude providing opportunities for the continuation of local businesses that generatesales 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)
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 implementingeconomic programs, utilizing staffing to provide healthy, thriving businesses, and
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Zoning Administrator Resolution No. ZA2025-### Page 6 of 10
maintain a healthy economy while preserving the unique commercial villages in Newport
Beach. The proposed Limited Term Permit would support local business and economic prosperity while maintaining the unique character of the Corona del Mar community.
5.The Property is not located within a specific plan area.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Zoning Administrator of the City of Newport Beach hereby finds this project is
categorically exempt from the California Environmental Quality Act under Section 15301under Class 1 (Existing Facilities) and Class 3 (New Construction or Conversion of SmallStructures) 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 the Limited TermPermit filed as PA2023-0230, subject to the conditions set forth in Exhibit “A,” which isattached 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 theCommunity Development Director by the provisions of Title 20 Planning and Zoning, ofthe Newport Beach Municipal Code
PASSED, APPROVED, AND ADOPTED THIS 16TH DAY OF JANUARY 2025.
_______________________________________ Benjamin M. Zdeba, AICP, Zoning Administrator
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1.All conditions of approval from Use Permit No. 3058 shall be adhered to unless
specifically modified by the following set of conditions.
2. The temporary outdoor dining area location shall be in substantial conformance with
the approved site plan stamped and dated with the date of this approval, except asmodified by applicable conditions of approval.
3.The approval of this Limited Term Permit shall be effective from the effective date of
this approval until July 16, 2025. 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 July 16, 2025. No extension of time shall
be authorized under this Limited Term Permit.
4.If the applicant wishes to establish a permanent outdoor dining area, then the applicant
shall apply for a Conditional Use Permit, including a potential parking waiver, and shall
further be prepared to make improvements to the outdoor dining area, if said
Conditional Use Permit is approved.
5.The outdoor dining area shall not exceed 500 square feet and shall occupy no more
than two on-site parking spaces. One accessible parking space and one standard
space shall be maintained clear and accessible for use at all times.
6.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 9:00 p.m., daily.
7.There shall be no use of amplified sound or live entertainment in the temporaryoutdoor dining area.
8.The project is subject to all applicable City ordinances, policies, and standards,unless specifically waived or modified by the conditions of approval.
9.The Applicant shall provide adequate trash receptacles within the outdoor dining
area 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 20feet of the premises.
10.The Applicant shall ensure that the trash receptacles are maintained to control odors.
This may include the provision of either fully self-contained dumpsters or periodic steam
cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning
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Zoning Administrator Resolution No. ZA2025-### Page 8 of 10
and maintenance of trash dumpsters shall be done in compliance with the provisions
of Title 14, including all future amendments (including Water Quality related requirements).
11.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 (ABC).
12.The Applicant shall adhere to all applicable State of California and Orange CountyHealth Care Agency guidelines for the safe operation of the outdoor dining area.
13.The Applicant shall comply with all federal, state, and local laws, and all conditionsof the Alcoholic Beverage License. Material violation of any of those laws orconditions in connection with the use may be cause for revocation of the LimitedTerm Permit.
14.The Applicant shall obtain and maintain authorization from the State Department ofAlcoholic Beverage Control (ABC) for all areas where the sale, service orconsumption of alcohol is under the control of the applicant. The establishment shallabide by all applicable regulations of the State Department of Alcoholic Beverage
Control.
15.The sale of alcohol “to go” to patrons that dine within the temporary outdoor diningarea shall be prohibited.
16.The Applicant shall be responsible for the control of noise generated by the subject
facility including, but not limited to, noise generated by patrons, food serviceoperations, and mechanical equipment. All noise generated by the proposed useshall comply with the provisions of NBMC Chapter 10.26 (Community Noise Control)and other applicable noise control requirements of the NBMC.
17.This Limited Term Permit may be modified or revoked by the Zoning Administrator ifdetermined that the proposed uses or conditions under which it is being operated ormaintained is detrimental to the public health, welfare or materially injurious toproperty or improvements in the vicinity or if the property is operated or maintained
so as to constitute a public nuisance.
18.The Community Development Director or designee may inspect the modified areaat any time during normal business hours.
19.Any change in operational characteristics, expansion in area, or other modification
to the approved plans, shall require an amendment to this Limited Term Permit.
20.To the fullest extent permitted by law, Applicant shall indemnify, defend and holdharmless the 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
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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 (PA2023-0230) 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.
Building Department
21.Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons.
a.A minimum 4-ft wide 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 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 adjacentto 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.
22.Provide not less than 5% accessible seating at tables and counters with knee clearanceof at least 27-inches-high, 30-inches-wide, and 19-inches-deep.
23.The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above
the finish floor.
24.All exiting paths shall be a minimum 48 inches free and clear. All public walks andsidewalks shall be a minimum 48 inches free and clear.
25.All building exits shall remain free and clear of any obstacles that would impede exitingfrom a building or suite and accessing the nearest public right-of-way.
26.Accessible routes, including under canopy(ies) and other overhead improvements shall
maintain a minimum clear height of 80 inches.
27.All electrical distribution lines shall be in good working order and shall be protected frompedestrian and vehicular traffic and shall accommodate accessibility.
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Fire Department
28.Heaters or other heat emitting devices shall not be used under any flammable orcombustible material.
29.Tents shall meet all requirements of Chapter 31 of the California Fire Code. All
documents shall be available for inspection.
30.One 2-A: 10BC fire extinguisher shall be mounted and in a conspicuous, readilyaccessible location.
31.Two exits shall be provided for any area with an occupant load exceeding 49.
32.All fire department appurtenances shall remain accessible with 3 feet of clearance inall directions.
Public Works Department
33.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 area and any parking drive aisles and parking stalls. Efforts shall be
made by the operator to provide an alternative design to the bare, exposed substantial
barrier to soften the look and improve the aesthetic to the neighborhood while stillmeeting the minimum substantial barricade requirements. The operator shall provide
the conceptual ideas to the Planning Division for review and approval by Planning and
Public Works.
34.The dining area and substantial barricades shall not encroach into the existing driveaisle or alley right of way.
35.There shall be a minimum of 5 feet of space around all overhead facilities, such aspoles, and 15 feet of space around all underground facilities, such as vault lids,manholes, vent pipes, pad-mounted transformers, etc.
36.Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
37.Public eating/dining at tables shall not be situated on top of energized vault lids,energized underground structures, or next to vent pipes, etc.
38.Outdoor dining areas shall adhere to the SCE Clearance Decal standards.
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Attachment No. ZA 2
Vicinity Map
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VICINITY MAP
Limited Term Permit (PA2023-0230)
2920 East Coast Highway
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Attachment No. ZA 3
Previous Limited Term Permit Approval
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RESOLUTION NO. ZA2023-037
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A
LIMITED TERM PERMIT TO ALLOW A TEMPORARY 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.
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
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Zoning Administrator Resolution No. ZA2023-037
Page 2 of 10
10-18-21
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.
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;
20
Zoning Administrator Resolution No. ZA2023-037
Page 3 of 10
10-18-21
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;
Fact 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
Facts 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.
2.The commercial corridor of Corona Del Mar provides public on-street parking along East
Coast Highway. Additionally, The Place historically serves the surrounding neighborhood
with a higher volume of bike and pedestrian traffic.
21
Zoning Administrator Resolution No. ZA2023-037
Page 4 of 10
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.
22
Zoning Administrator Resolution No. ZA2023-037
Page 5 of 10
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), 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.
23
Zoning Administrator Resolution No. ZA2023-037
Page 6 of 10
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 operation of the temporary outdoor dining area as part of this approval shall not
extend beyond 9 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.If the applicant wishes to establish a permanent outdoor dining patio, then the applicant
shall apply for an amendment to the Use Permit, including a potential parking waiver, and
shall further be prepared to make improvements to the patio area, if said amendment is
approved.
8.The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or consumption of
alcohol is under the control of the applicant. The establishment shall abide by all applicable
regulations of the State Department of Alcoholic Beverage Control.
9.The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall be
prohibited.
10.The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
24
Zoning Administrator Resolution No. ZA2023-037
Page 7 of 10
10-18-21
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.
12.The Community Development Director or designee may inspect the modified area at any
time during normal business hours.
13.The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
14.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.
15.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.
16.Any change in operational characteristics, expansion in area, or other modification to the
approved plans, shall require an amendment to this Limited Term Permit.
17.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
18.Fire lane(s) shall be identified on the plan.
19.Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
25
Zoning Administrator Resolution No. ZA2023-037
Page 8 of 10
10-18-21
20.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.
21.All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a three (3)-foot clearance in all directions.
22.Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
23.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.
24.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.
26
Zoning Administrator Resolution No. ZA2023-037
Page 9 of 10
10-18-21
Building Division
25. 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).
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.
26. 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.
27. The tops of dining surfaces and work surfaces shall be 28 inches to 34 inches above
the finish floor.
28. 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.
29. 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.
30. Accessible routes, including under canopy(ies) and other overhead improvements shall
maintain a minimum clear height of 80 inches.
31. 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
32. 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. Efforts shall be made by the
operator to provide an alternative design to the bare, exposed substantial barrier to
soften the look and improve the aesthetic to the neighborhood while still meeting the
minimum substantial barricade requirements. The operator shall provide the conceptual
ideas to the Planning Division for review and approval by Planning and Public Works.
33. The dining area and substantial barricades shall not encroach into the existing drive
aisle or alley right of way.
27
Zoning Administrator Resolution No. ZA2023-037
Page 10 of 10
10-18-21
34. 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.
35. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
36. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
37. Outdoor dining areas shall adhere to the SCE Clearance Decal examples provided.
28
Attachment No. ZA 4
Project Plans
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Attachment No. ZA 5
Crime and Alcohol-Related Statistics
31
CITATIONS
GROUP A
OFFENSES
GROUP B
OFFENSES
CRIME
RATE
HIGHEST
VOLUME
ALL
ARRESTS
DUI
ALCOHOL
PUBLIC
INTOXICATION LIQUOR LAW HIGHEST
VOLUME
ALCOHOL
RELATED
2920 East Pacific
Coast Highway 5 0 0 N/A N/A 0 0 0 0 N/A 0
Subject RD:
RD44 6,532 270 103 9,670.49 THEFT/LARCENY 141 19 23 1 DISORDERLY
CONDUCT 18
Adjacent RD:
RD43 1,501 47 10 2,850.21 BURGLARY 17 3 0 0 DUI 1
Adjacent RD:
RD39 7,831 498 93 21,048.18 THEFT/LARCENY 243 16 22 0 NARCOTICS 13
Adjacent RD:
RD47 1,161 64 21 2,278.39 BURGLARY &
THEFT/LARCENY 33 5 2 0 NARCOTICS 1
Newport Beach 101,169 5,103 1,434 5,886.22 THEFT/LARCENY 2,732 291 339 7 NARCOTICS 312
Subject:Population ON-SALE
Licenses
ON-SALE License
Per Capita
OFF-SALE
Licenses
OFF-SALE License
Per Capita
TOTAL RETAIL
LICENSES
TOTAL RETAIL
LICENSES PER
CAPITA Subject:
CRIME
COUNT
DIFF FROM
AVG
%DIFF FROM
AVG
2920 East Pacific
Coast Highway N/A 2 N/A 0 N/A 2 N/A 2920 East Pacific
Coast Highway 0 N/A N/A
Subject Census
Tract: 627.02 4,515 15 301 6 753 21 215 Subject RD:
RD44 262 +144 +122%
Adjacent Census
Tract: 627.01 2,667 11 242 2 1,334 13 205 Adjacent RD:
RD43 40 -78 -66%
Adjacent Census
Tract: 630.08 2,408 32 75 4 602 36 67 Adjacent RD:
RD39 425 +307 +260%
Adjacent Census
Tract: 626.42 2,849 1 2,849 2 1,425 3 950 Adjacent RD:
RD47 65 -53 -45%
Newport Beach 86,694 279 311 66 1,314 345 251 Newport
Beach 4,484
Orange County 3,186,989 3,876 822 1,842 1,730 5,718 557
All Population figurs taken from 2020 US Census. Per BP 23958.4, the "ABC Crime Count" includes offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft, and motor vehicle theft, combined with all arrests
for other crimes, both felonies and misdemeanors (except traffic citations).
Summary for The Place at 2920 East Pacific Coast Highway (RD44)
Subject:
DISPATCH
EVENTS
ACTIVE RETAIL ABC LICENSES
ARRESTS
This report reflects City of Newport Beach data for 2022. The NIBRS Group A Offense category is made up of 49 offenses used to report crimes committed within a law enforcement agency's jurisdiction. NIBRS Group B Offenses are less serious
offenses that require an arrest to be reportable. Crime Rate refers to the number of Group A Crimes per 100,000 people.
RD Average = 118
ABC CRIME COUNT
REPORTED CRIMES
CHIEF JOSEPHL. CARTWRIGHT
NEWPORT BEACH POLICE DEPARTMENT
2022 CRIME AND ALCOHOL-RELATED STATISTICS
as of 07/18/2023
32
Hi, I live 1/2 block away from the subject restaurant and I am concerned with noise, large
crowds and night light from the restaurant. While I think it's cool to have a sports bar in
CDM, I would like to know that there are limitations on the use. I think there should be a
maximum number of people that can be on the outside patio as well as an early curfew on
its use. Did the restaurant look at using part of the parking lot adjacent to PCH and remove
the patio at the back of the lot for parking? Please let me know what conditions have been
required. The outside expansion could hurt adjacent property owners. Thanks, Ken McKay
From: Kenneth Mckay <kmckay49@gmail.com>
Sent: Tuesday, January 14, 2025 12:18 PM
To: Laurel Reimer <lreimer@sagecrestplanning.com>; jperez@newportbeachca.gov
Subject: The Place Restaurant expansion on outside deck
RE: 2920 East PCH
Zoning Administrator - January 16, 2025 Item No. 2a - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: Melissa Maher <melissa.maher2@gmail.com>
Sent: January 14, 2025 6:42 PM
To: CDD
Cc: Melissa Maher
Subject: Support of The Place restaurant in Bar, Corona Del Mar
Dear City Official:
I’m writing to express my support for The Place in Corona Del Mar and to encourage City
Hall to grant them a permanent permit for their outdoor area.
As a local resident, I love visiting The Place with my dog, Coco. We both enjoy the fresh air,
the friendly service, and the relaxed, welcoming environment. I often bring friends from out
of town—especially from Las Vegas—to experience the neighborhood feel that The Place
creates. It’s always a highlight of their visit.
This outdoor space is more than just an area to sit; it’s where the community comes
together. It’s where I’ve met neighbors, caught up with old friends, and made lasting
memories. I believe granting this permit would solidify The Place as a cornerstone of our
local community, enhancing our neighborhood and giving both residents and visitors a
spot to enjoy for years to come.
Thank you for considering my request. I hope you’ll see the value that this outdoor space
brings to Corona Del Mar.
Sincerely,
Melissa Maher
Zoning Administrator - January 16, 2025 Item No. 2b - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: Daniel Baker <dbaker939@mac.com>
Sent: January 14, 2025 7:01 PM
To: CDD
Subject: Back Patio at The Place in CDM
To Whom It May Concern
Writing to say that the back patio for The Place Bar and Grill in Corona Del Mar is a huge asset to
the establishment. Being able to enjoy the sunshine with my dog and enjoy a tasty hamburger is
something I look forward to weekly. The ownership is a great family and I very much enjoy going
there to support them. The back patio allows for more seating and makes the environment much
more peaceful. Please consider allowing them to keep it.
I appreciate your consideration.
Long time Corona Del Mar resident,
Danny Baker
Zoning Administrator - January 16, 2025 Item No. 2b - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: Raelyn Stokes <raelyn@racer.com>
Sent: January 14, 2025 7:02 PM
To: CDD
Subject: Save The Place patio
Dear city,
I’m writing on behalf of preserving our local restaurant and bar’s outdoor seating area. The
Place is a family friendly restaurant filled with locals enjoying sports, friends and the best
burger in town. We love to sit outside with our dog and kids, enjoying our friends, football
and cheer.
Please do not let this local favorite loose the charming outdoor seating that so many of us
use on a weekly basis.
Save The Place ‘s patio.
Raelyn Stokes
Advertising Director
Racer Media & Marketing, Inc., publishers of:
RACER | RACER.com | SportsCar | Vintage Motorsport
2525 Main Street
Suite 430
Irvine, CA 92614
949.417.6705 direct
949.300.7846 mobile
Zoning Administrator - January 16, 2025 Item No. 2b - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: Kevin Shepherd <kevinshepherd@sbcglobal.net>
Sent: January 15, 2025 9:57 AM
To: CDD
Subject: Support of The Place restaurant / Bar, Corona Del Mar
To Whom It May Concern,
I’m writing as a longtime neighborhood resident who has grown quite attached to The Place. I go every
day, and frankly, I don’t have anywhere else to go. It’s become my spot to enjoy a drink and bite and
connect with familiar faces.
As the resident crabby old guy on the block, I can tell you, The Place is my haven. If the outdoor area
were to close, I’d be left adrift. Please keep it open.
Sincerely,
Kevin Shepherd
Cell 949-279-0678
Zoning Administrator - January 16, 2025 Item No. 2b - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: kent rockwellsolutions.us <kent@rockwellsolutions.us>
Sent: January 15, 2025 10:06 AM
To: CDD
Subject: The Patio at The Place
To Whom it may Concern: Our family absolutely loves the Patio at the
Place. My son and I go there often to have lunch, get some sun, and watch
the games. It was a savior during the pandemic, and we appreciate a local,
small business offering fresh air and good food while we eat. We have
gotten to know the Flamson family and appreciate how they found a way to
keep their restaurant open for the community during a time where so many
were forced to close. The Patio at the Place is a much needed outdoor
gathering place for the CDM/Newport Beach community and we love it.
Thank You and Best Regards,
Zoning Administrator - January 16, 2025 Item No. 2b - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: Greg Coon <greg.coon@gmail.com>
Sent: January 15, 2025 10:32 AM
To: CDD
Subject: The Place restaurant
Hello,
I'm writing to say how much I love walking down to The Place with my family ( 2 young kids)
on a weekly basis. I have been a resident of Newport Beach my whole life, and have been
going there since I was a kid. The outdoor back patio has been a huge improvement, being
able to sit in the sun with my family and watch games. We often have our kids after
sporting events' lunches/dinners on that back patio. We hope it is permanent, as it has
been a huge improvement for the community.
Thank you,
Greg Coon
Zoning Administrator - January 16, 2025 Item No. 2b - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: Dan Hill <dhill0125@yahoo.com>
Sent: January 15, 2025 10:35 AM
To: CDD
Subject: Strong Support for The Place’s Outdoor Patio
Dear Zoning Administrator,
I am writing to express my enthusiastic support for The Place’s request to extend their outdoor
patio permit. Simply put, this patio has become an irreplaceable gem in our community—one that
adds to the charm and livability of Newport Beach.
There are few better places to enjoy a beautiful Southern California day than that back patio.
Whether it’s soaking in the sunshine with a great meal or winding down in the evening with friends,
The Place has created something truly special. The ability to dine outside has not only elevated the
experience for customers but has also helped the business thrive by accommodating more guests.
On a personal note, my family absolutely loves it. My three-year-old can stretch her legs and explore
in a safe, relaxed environment, while my dogs get to lounge happily by my side as I enjoy a meal.
It’s rare to find a spot that balances great food, a welcoming atmosphere, and a space where all
ages (and paws) feel at home.
Beyond personal enjoyment, this patio contributes to the vibrancy of our city. Outdoor dining fosters
community interaction, supports local businesses, and makes Newport Beach an even more
desirable place to live and visit. With no permanent construction proposed, it’s a simple decision to
allow this wonderful space to continue serving both locals and visitors alike.
I strongly urge you to approve the permit extension for The Place. This isn’t just about an outdoor
dining area—it’s about preserving an experience that makes Newport Beach special.
Thank you for your time and consideration.
Best regards,
Dan Hill
Zoning Administrator - January 16, 2025 Item No. 2b - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: Aaron Sobaski <ajsobaski@yahoo.com>
Sent: January 15, 2025 10:54 AM
To: CDD
Subject: The Place - Exterior Patio
I am writing in support of allowing The Place restaurant and sports bar to be allowed to continue to
utilize their outdoor space for patrons. We should be doing everything we can to support small local
businesses, especially those which are locally owned by people who grew up here and have devoted
so much time and energy to this community, aside from just operating their business. The family that
owns The Place has been a part of this community for generations. They have operated the youth
basketball program and even currently coach at CDM. We should be supporting local families who
have given back so much for our community, not making it harder on them to keep their doors open.
The outdoor patio is a great gathering spot for people to watch football games, or baseball in
summer, and it also provides a unique spot for groups to gather. As someone who has coached
youth soccer and basketball for years, my teams have relished the opportunity to be able to gather
and sit outside with a game on and have a team event in that outdoor area, and I know a number of
other teams have regularly done the same.
Similarly I know that a number of local groups utilize the outdoor area for regular meetings. Every
summer the Junior Guards group from Crystal Cove will have their end of the week meeting in the
back area. The local dads and daughters/sons groups, including Pacific Explorers, Pacific Guides,
and Pacific Princesses, utilize that outside area on a regular basis for board meetings and similar get
togethers. That doesn’t even include all of the one-off birthday parties and other social events that
utilize the area.
There are no public disruptions caused by the outside area. On weeknights it usually does not have
many patrons, and those who are using it are quiet and just enjoying being able to have time
outside. On weekends during football season it has more patrons, but the games and usage end well
before it gets late and would in any way disrupt the 5-6 houses who could hear anything. The outside
area has been in use since every single resident of those houses moved into their home, except
maybe 1 or 2 of them, and if they say that The Place has been regularly loud and disruptive they are
flat out lying. The minimal added noise during the day is drowned out by the noise from PCH, and the
only true reason someone who lives nearby might object is due to personal animus because there is
no objective basis for any complaints.
I apologize if I am rambling a bit but it personally irks me as a member of this community, as a
supporter of small businesses, as a real estate lawyer who wants to see fairness and
reasonableness when it comes to the implementation of our local regulations and ordinances, and
as a human being, that the City is wasting time that could be better spent elsewhere debating
(again) whether this small back area that does so much good for a small local business and our
community should be allowed.
It should be allowed and should be allowed on a permanent basis.
Aaron J. Sobaski
ajsobaski@yahoo.com
415.290.5500
Zoning Administrator - January 16, 2025 Item No. 2b - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: Baylee Hill <bayleelhill@gmail.com>
Sent: January 15, 2025 11:06 AM
To: CDD
Subject: Support for Outdoor Patio Space at The Place
Dear Zoning Administrator ,
I am writing to express my enthusiastic support for allowing or expanding outdoor patio
spaces for The Place in our community. This space provides numerous benefits to families,
pet owners, and the community as a whole, creating a more vibrant and inclusive
environment for everyone.
Outdoor patios offer families with young children a more relaxed and accommodating
dining experience. Children often need room to move around, and outdoor spaces can
help parents feel less constrained while ensuring their children remain safe and engaged.
This can make dining out a more enjoyable experience for families and encourage them to
frequent local establishments more often.
Additionally, outdoor patios are a wonderful opportunity for pet owners to bring along their
family dogs. Pet-friendly spaces foster a sense of community, as they encourage
interaction among patrons and create a welcoming atmosphere. This inclusivity can
attract a broader range of customers, benefiting local businesses and enhancing the
character of our city.
From a broader perspective, outdoor dining spaces also contribute to a more lively and
appealing streetscape. They encourage foot traffic, which can boost economic activity not
only for The Place but also for neighboring businesses. Moreover, outdoor patios often
promote healthier and safer dining options, particularly as they provide better ventilation
and an alternative to indoor settings.
I kindly urge the council to consider policies or initiatives that support outdoor patios for
The Place, such as streamlined permitting processes, zoning adjustments, or incentives
for businesses that create these spaces. Investing in outdoor dining infrastructure benefits
our community’s economy, social connections, and overall quality of life.
Thank you for your time and consideration. I would be happy to discuss this matter further
or provide additional insights on how outdoor patios can positively impact our community.
Sincerely,
Baylee
Zoning Administrator - January 16, 2025 Item No. 2b - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: Ron Johnson <rohjoh949@gmail.com>
Sent: Tuesday, January 14, 2025 6:41 PM
To: Laurel Reimer <lreimer@sagecrestplanning.com>
Subject: The Place
Hello,
My family and I are patrons of The Place on E. Coast highway. Ever since they opened the
back patio we frequent the back patio as we have small children and a dog. Thank you in
advance for keeping their permit! It’s a great space for families to enjoy!
Best
Ron Johnson
Zoning Administrator - January 16, 2025 Item No. 2b - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: griffin coon <griffinwcoon@gmail.com>
Sent: January 15, 2025 1:00 PM
To: CDD
Subject: The Place
Hi!
I'm writing to support the outdoor patio at The Place. Our family goes to The Place all the
time and it's so nice to be in an outside space with sports on. There are not a lot of other
places in town that offer up that option.
It's such a great spot to see everyone in the community and my kid's sports teams always
go there to celebrate after a win. It's nice to be outside all together in fresh air and warm
weather.
I support this - please vote to approve!
Griffin
Zoning Administrator - January 16, 2025 Item No. 2b - Additional Materials Received The Place Limited Term Permit (PA2023-0230)
From: Kevin Shepherd <kevinshepherd@sbcglobal.net>
Sent: January 15, 2025 4:21 PM
To: CDD
Subject: Support of The Place restaurant / Bar, Corona Del Mar
My wife who is traveling asked me to send this note for her.
----------------------------------------------------------------------------------
Dear Newport Beach Official,
In Corona del Mar by the shore.
Is “The Place” where we gather and roar.
With pets, friends and cheers,
We’ve been coming for years.
If the Beer Garden were no more,
Life would be a bore.
If the Beer Garden were no more,
We would never know the score.
Thank you for your time,
I think I might have Lyme.
Couldn’t think of anything else to rhyme.
Sincerely,
Cindy Otto
714-305-7075
Zoning Administrator - January 16, 2025 Item No. 2c - Additional Materials Received After Deadline The Place Limited Term Permit (PA2023-0230)
From: R.C. Harlan <rcharlan@larsonllp.com>
Sent: January 15, 2025 10:53 PM
To: CDD
Subject: The Place Patio
To whom it may concern:
I want to voice my support for the continuation of the patio at The Place in Corona Del Mar.
I am a resident of Corona Del Mar, and appreciate all of the businesses that make our
community not only a vibrant place, but a welcoming one. There is no more welcoming
environment than The Place. It is our neighborhood's local sports bar and grill. A place
where every Saturday, I meet my cousin and his dog on the back patio for lunch. It has
become our favorite place, and the only place we consider when deciding to meet up.
But it's not just my cousin and I, the patio is used by members of the community, including
young families, to grab food and drink while enjoying a game on the TVs. It would be a
devastating loss to the community to lose the patio.
Lastly, I would be remiss to not make note if the fact that the owners, the Flamson's, are
amazing people who give back to the community every day. They volunteer their time at
our local high school to support our basketball program because they love this community
and the kids who grow up here. They deserve our support.
Please feel free to contact me with any questions you may have.
Sincerely,
R.C. Harlan
Get Outlook for iOS
R.C. Harlan
Partner
P 213.436.4868
C 213.924.6321
F 213.623.2000
rcharlan@larsonllp.com
555 South Flower Street, 30th Floor
Los Angeles, CA 90071
larsonllp.com
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Zoning Administrator - January 16, 2025 Item No. 2c - Additional Materials Received After Deadline The Place Limited Term Permit (PA2023-0230)