HomeMy WebLinkAbout03_Helmsman Ale House LTP and CDP_PA2023-0227CITY OF NEWPORT BEACH ZONING ADMINISTRATOR STAFF REPORT
January 16, 2025 Agenda Item No. 3
SUBJECT: Helmsman Ale House (PA2023-0227)
Limited Term Permit
Coastal Development Permit SITE LOCATION: 2920 Newport Boulevard, Suite D
APPLICANT: Donald Callender, Lemon Meringue, LLC dba Helmsman Ale House
OWNER: Fainbarq I LP and Arnold Feuerstein Trust PLANNER: Kelly Ribuffo, Consultant Planner kribuffo@sagecrestplanning.com
LAND USE AND ZONING
•General Plan Land Use Plan Category: Visitor Serving Commercial (CV)
•Zoning District: Commercial Visitor-Serving (CV)
•Coastal Land Use Plan Category: Visitor Serving Commercial - 0.0-0.75 FAR (CV-A)
•Coastal Zoning District: Commercial Visitor-Serving (CV)
PROJECT SUMMARY
A request for a limited term and coastal development permit to allow a maximum 1,000 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
Emergency Temporary Use Permit No. UP2020-029 and Emergency Coastal Development
Permit No. CD2020-021 (PA2020-102) and subsequent modifications and one-year permit extensions. 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 and Coastal Development Permit filed as PA2023-0227 (Attachment
No. ZA 1).
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Helmsman Ale House (PA2023-0227) Zoning Administrator, January 16, 2025 Page 2
DISCUSSION
•An application was filed by Lucy Callender with respect to property located 2920
Newport Boulevard, Suite D a limited term and coastal development permit to allowa 1,000 square foot temporary outdoor dining area (aka patio) to serve theHelmsman Ale House restaurant for up to a one-year term.
•A 5,500 square foot temporary patio was originally authorized on June 11, 2020,
by the Community Development Director through Emergency Temporary UsePermit No. UP2020-029 and Emergency Coastal Development Permit No. CD2020-021 (PA2020-102). The approval was modified on August 20, 2020, throughEmergency Temporary Use Permit No. UP2020-143 and Coastal Development
Permit No. CD2020-128 (PA2020-246), which authorized the addition of an
outdoor cooking area including a woodburning cooking appliance.
•The patio was reduced in size to 1,000 square feet and extended beyond its initial
approved term of Limited Term Permit and Coastal Development Permit No.PA2021-204 and PA2022-0280. The latter expired on December 30, 2023. Copiesof past approvals are available as Attachment No. ZA 3.
•The patio proposal maintains the authorized 1,000 square-foot size as perPA2021-204, and a 1,000 square-foot tent will cover the patio. A site plan showingthe size and location of the patio is available as Attachment No. ZA 4.
•The parking lot was restriped to accommodate the patio, pursuant to the approved
site plan under PA2021-204. A minimum of two accessible parking spaces remainavailable at all times. Peak business hours for Helmsman Ale House are generallywithin the evening, when other retail and office uses on the property are typicallyclosed. Sufficient parking is provided on-site, and no traffic issues are anticipated
with the continued use of the patio. To date, no complaints regarding the availability
of parking have been received.
•Helmsman Ale House has operated in this location since 2019 and has a current
Type 75 (Brewpub-Restaurant) Alcoholic Beverage Control (ABC) license. Food
service use on the site was authorized in 1993 through Use Permit No. 3485 (asamended). The hours of operation for the restaurant are 6:00 a.m. to 11:00 p.m.Sunday through Thursday and 6:00 a.m. through 1:00 a.m. on Friday andSaturday. The patio is proposed to operate concurrent with the restaurant but will
close at 9:00 p.m. Monday through Thursday and 10:00 p.m. Friday through
Sunday.
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•To date, several complaints have been received by the City regarding the operationof the business. In 2024, there have been 28 calls for service to 2920 NewportBoulevard, consisting of:
•Seven disturbance calls are from or involve the same neighbor
•Nine calls were traffic related that did not involve the Helmsman
•One grand theft report
•One complaint of overcrowding/over-occupancy which was unfounded
•One call to “keep the peace” when security confiscated a fake ID
•One medical aid response
•One attempt to locate a missing person
•One disturbance call regarding a possible altercation
•Six calls that are miscellaneous, officer generated, blank, or unrelated to thebusiness
Most calls have not been related to the operation of the business, but seven
disturbance calls have been directly related to the business. The Newport Beach Police Department (NBPD) has worked with the applicant over the last year to improve security practices, door management, and over-crowding at the restaurant. The applicant shared their security plan with NBPD, reformed security staff, and
provided alcohol education to staff. Their calls for service have decreased which
alleviates the need for police resources. NBPD is optimistic that the applicant will continue to improve their business practices. Therefore, NBPD is not opposed to the patio application, but recommends reevaluation of the project prior to approval of a permanent patio in the future. The NBPD report and crime/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 an
extension (Condition No. 3). The patio has received a series of previous limited term
permits and extensions over the past four years, and it is the opinion of staff thatshould the applicant wish to continue patio operations then it is appropriate to applyfor a permanent patio installation through a Conditional Use Permit.
•As the subject property is located within the Coastal Zone, a Coastal DevelopmentPermit is required. The patio will not impede pedestrian coastal access since thepatio is entirely located within private property and is not directly adjacent to the wateror beach.
ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
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Helmsman Ale House (PA2023-0227) Zoning Administrator, January 16, 2025 Page 4
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, 1,000-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: ___________________
Kelly Ribuffo Consultant Planner
JP/kr Attachments: ZA 1 Draft Resolution
ZA 2 Vicinity Map ZA 3 Previous Emergency Temporary Use Permit Approvals ZA 4 Project Plans ZA 5 Police Report and 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, APPROVING A LIMITED TERM PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW A
TEMPORARY OUTDOOR DINING AREA LOCATED AT 2920 NEWPORT BOULEVARD, SUITE D (PA2023-0227)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by Donald Callender, representing Lemon Meringue, LLC (Applicant) with respect to property located at 2920 Newport Boulevard, Suite D, and
legally described as Assessor Parcel Numbers 047-043-04 and 047-043-20, in the City of Newport Beach, Orange County, California (Property) requesting approval of a limited term permit and a coastal development permit.
2.On June 11, 2020, the Community Development Director approved Emergency
Temporary Use Permit No. UP2020-029 and Emergency Coastal Development Permit No. CD2020-021 (PA2020-102) to allow a 5,500 square foot temporary patio in the rear parking area of the Helmsman Ale House restaurant. The patio was authorized for the duration of Emergency Order No. 2020-005.
3.On August 20, 2020, through Emergency Temporary Use Permit No. UP2020-143 and Coastal Development Permit No. CD2020-128 (PA2020-246), which authorized the addition of an outdoor cooking area including a woodburning cooking appliance within the temporary patio.
4.On January 22, 2022, a Zoning Administrator public hearing was held online via Zoom. The Zoning Administrator authorized a Limited Term Permit No. XP2021-026 and Coastal Development Permit No. CD2021-050 (PA2021-204) for a reduced outdoor dining area of 1,000 square feet in size. The patio was authorized from January 11, 2022, through January 10, 2023.
5.On December 23, 2022, the Zoning Administrator extended the Limited Term Permit and Coastal Development Permit beyond its initial term through December 30, 2023 (PA2022-0280).
6.The Applicant requests approval of a limited term and a coastal development permit to maintain the 1,000 square foot maximum outdoor dining area (Project).
7.The subject property is designated CV (Visitor Serving Commercial) by the General Plan Land Use Element and is located within the CV (Commercial Visitor-Serving) Zoning
District.
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8.The subject property is located within the coastal zone. The Coastal Land Use Plan
category is CV-A (Visitor Serving Commercial – 0.0 - 0.75 FAR) and it is located withinthe CV (Commercial Visitor-Serving) Coastal Zoning district.
9.Pursuant to Assembly Bill No. 1217, Gabriel (Business Pandemic Relief), temporary relief
measures to suspend certain legal restrictions related to alcohol service, food service, and
parking have been extended. As it related to parking, a local jurisdiction that has notadopted 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 an
outdoor dining area.
10.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 the
Zoning 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 of
Regulations pursuant to Section 15301, Division 6, Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act (CEQA) under Class 1(Existing Facilities) and Section 15303 under Class 3 (New Construction or Conversion ofSmall Structures) because it has no potential to have a significant effect on theenvironment.
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, 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 inurbanized areas zoned for such use. The project authorizes a temporary 1,000 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 within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
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SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040(G) (Limited Term Permits – Finding 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, 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 temporary outdoor dining area within theparking lot of the Helmsman Ale House restaurant. The restaurant was authorized in 1993
through Use Permit No. 3485 (as amended). The temporary outdoor dining area would
serve as additional outdoor seating for guests and is fully located on private property.
2.A temporary barrier is installed within the parking lot to both separate the patio from theparking lot and drive aisle and to delineate the area dedicated for outdoor dining and
alcohol service. There are no existing City utilities within the expanded dining area.
3.The existing hours of operation for the interior of the restaurant are limited from 6 a.m.to 11 p.m., Sunday through Thursday and from 6 a.m. to 1 a.m., Friday and Saturday.The proposed temporary outdoor dining area would close by 9 p.m., Monday through
Thursday, and by 10 p.m., Friday through Sunday.
4.Condition of Approval No. 1 requires all conditions of approval of Use Permit No. 3485 beadhered to for this temporary outdoor dining area, unless otherwise modified by theconditions of approval contained herein. No live entertainment, exterior amplified music,
sound systems, televisions, paging systems, etc. shall be permitted within the temporary
outdoor dining area.
5.Condition of Approval No. 3 limits the operation of the temporary outdoor dining area forup to a six-month term, terminating on July 16, 2025.
6.Outdoor dining areas are common within the Balboa Peninsula area, have been usedat the subject property during similar hours in the past. There have been complaintsreceived by the City to date regarding the operation of the business, including sevendisturbance calls from a neighbor in 2024. The Newport Beach Police Department (NBPD)
has worked with the applicant over the last year to improve security practices, door
management, and over-crowding at the restaurant. The Applicant shared their securityplan with NBPD, reformed security staff, and provided alcohol education to staff. Their calls
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for service have decreased which has resulted in less burden on police resources.
Therefore, the NBPD is not opposed to the patio application, but recommends reevaluation of the project prior to approval of a permanent patio in the future.
7.The proposed operation is conditioned to be accessible to all persons, including those
with disabilities, in accordance with the Americans with Disabilities Act (ADA), as
required by Condition of Approval No. 29.
8.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 responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
9.The permitted use must be operated in compliance with applicable State Department ofAlcoholic Beverage Control (ABC) requirements.
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 restaurant is located on a site that is comprised of two separate parcels: one with
the restaurant building and one with the parking lot to serve the building. The
combined two parcels are approximately 0.5-acre in size. If approved, the temporaryoutdoor patio would be a maximum of 1,000 square feet and has been conditioned tohave no permanent structures.
2.The project site is located on the northeast corner of Newport Boulevard and 30th Street.
Surrounding uses include residential neighborhoods, which are located to the westbeyond. The nearest residential use is approximately 50 feet away from the outdoorpatio, The Landing shopping center, and a mixed-use neighborhood to the north, eastand south. The temporary patio should not negatively affect surrounding uses as it is
regulated by the conditions of approval which limit the size, hours of operation, and
activities which can take place in the outdoor dining area. Furthermore, the Applicant isproactively coordinating with NBPD to update their security plan and provide additionaltraining for employees to prevent disturbances related to patio operations. According tothe NBPD, these efforts have resulted in a decrease in calls for service to the property.
3.The parking lot has previously been restriped to accommodate the outdoor dining areawith the approval of PA2021-204. Two accessible parking spaces shall bemaintained, clear, and accessible for use at all times. No traffic or site circulation issueswere experienced during the previous operation of the outdoor dining area and
therefore, are not anticipated with this approval.
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4.Given the expanded patio is located entirely on private property, impacts to pedestrian
circulation are not anticipated.
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 driveway approaches taken from 30th Street and the alley.The temporary outdoor dining area is located within the private parking lot abutting therestaurant and will not impede access. Peak hours for the restaurant are anticipated tobe in the evening, when other retail and office uses on the property are typically closed.
No traffic issues are anticipated with the continued use of the outdoor dining area.
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 subject property has been occupied by a food service use since 1993. The existing
parking lot has historically accommodated the restaurant. The existing parking lot isexpected to accommodate the temporary use. There have been no parking-relatedcomplaints or issues raised related to the outdoor dining area installed under theprevious emergency permit.
2. Fact 1 in Support of Finding C incorporated by reference.
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 CV (Visitor Serving Commercial). The
CV category is intended to allow for a range of accommodations (e.g., hotels, motels,hostels), goods, and services intended to primarily serve visitors. Permitted uses includethose permitted in the CV Zoning designation, which includes restaurants by obtaining ause permit. The expanded outdoor dining use is accessory to the existing restaurant, will
be utilized for a limited duration on-site and will be in furtherance of the intention for this
land use category.
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2.The site is in the Commercial Visitor Serving (CV) Zoning District. The CV designation
applies to areas intended to provide for areas appropriate for accommodations, goods,and services intended to serve primarily visitors. The expanded outdoor dining use isaccessory to the existing restaurant, will be utilized for a limited duration on-site, and willnot impede use of the site consistent with the CV designation. The CV 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 CV Zoning District since
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, andmaintain a healthy economy while preserving the unique commercial villages in NewportBeach. The proposed limited term permit would support a local business and economic
prosperity while maintaining the unique character of the Balboa Peninsula community.
5.The Property is not located within a specific plan area.
Coastal Development Permit
In accordance with Section 21.52.015(F) (Coastal Development Permits - Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F.Conforms to all applicable sections of the certified Local Coastal Program.
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Facts in Support of Finding:
1.The Property is located in the coastal zone and the proposed improvements require acoastal development permit in accordance with Newport Beach Municipal Code (NBMC)Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements constitute an increase of 10% or more of the internal
floor area of an existing structure or a lesser improvement that has previously beenundertaken pursuant to California Public Resources Code Section 30610(a). Theexpanded outdoor dining area and barrier within the parking lot are minor detachedstructures. The location of these improvements does not pose a conflict to coastal
resources, coastal access, or other adverse environmental effects.
2.An initial evaluation was conducted of the project site in accordance with NBMC Section21.30.100 (Scenic and Visual Quality Protection). The project site is not located betweenthe first public roadway and the sea, the project site is not located on a coastal bluff or
canyon, and the project site is not adjacent to a coastal view road, public access way, or
Coastal Viewpoint as identified in the Coastal Land Use Plan. Furthermore, thedevelopment site contains no natural landforms or vegetation. The initial evaluation did notindicate that the project has the potential to significantly impact a public view or viewshedor the scenic and visual qualities of the coastal zone.
3.The nearest coastal viewpoint is Lido Park, over 1,000 feet northeast of the Property.The subject property is situated further inland than Lido Park and not within the viewshedof the park. Due to the distance of the outdoor dining area from the public viewpoint, theproject will not impact coastal views. The expanded outdoor dining area complies with
all applicable Title 21 (Local Coastal Program Implementation Plan) development
standards and maintains an area consistent with the existing pattern of development ofBalboa Peninsula. Additionally, the project does not contain any unique features thatcould degrade the visual quality of the coastal zone.
4.The proposed outdoor dining area is located within private property.
5.Improvements are complementary to the area; the subject restaurant and adjacentneighbors have similar outdoor dining improvements within the parking areas andwalkways of Balboa Peninsula.
6.Development authorized by this permit is not located in any environmentally sensitivehabitat area and public access to the coast will not be blocked. Coastal access isincreased by allowing commercial establishments to re-open allowing the public to visitcoastal areas and provides an added amenity for visitors. The proposed operation does
not contain ESHA, wetlands, or sandy beach area.
7.Development authorized is not located in an area in which the California CoastalCommission retains direct permit review authority.
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Finding:
G.Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea of
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1.The project site is not located between the nearest public road and the sea or shoreline.
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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 and Coastal Development Permit filed as PA2023-0227, subject to the conditionsset 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 theCommunity Development Director by the provisions of Title 20 Planning and Zoning andTitle 21 Local Coastal Implementation Plan, of the 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. 3485 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 and Coastal Development 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 and
Coastal Development Permit.
4.The outdoor dining area shall not exceed 1,000 square feet. Two accessible
parking spaces shall be maintained clear and accessible for use at all times.
5.The remaining on-site parking spaces shall remain free of obstructions and available
for vehicle parking.
6.No permanent structures that require building permits shall be allowed.
7.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. Monday through Thursday and 10:00
p.m., Friday through Sunday.
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 adhere to all applicable State of California and Orange CountyHealth Care Agency guidelines for the safe operation of the outdoor dining area.
10.The Applicant shall comply with all federal, state, and local laws, and all conditions of
the Alcoholic Beverage License. Material violation of any of those laws or conditions inconnection with the use may be cause for revocation of the Limited Term Permit.
11.The Applicant is required to obtain all applicable permits from the City’s Building
Division and Fire Department. The construction plans must comply with the most
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recent, City-adopted version of the California Building Code. The construction plans
must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Care Agency is required prior to the issuance of a building permit.
12.The operator of the facility shall be responsible for the control of noise generated by
the subject facility including, but not limited to, noise generated by patrons, foodservice operations, and mechanical equipment. All noise generated by the proposeduse shall comply with the provisions of NBMC Chapter 10.26 (Community NoiseControl) and other applicable noise control requirements of the NBMC. Pre-recorded
music may be played in the tenant space, provided exterior noise levels outlined
below are not exceeded. The noise generated by the proposed use shall comply withthe provisions of NBMC Chapter 10.26.
13.No outdoor sound system, loudspeakers, or paging system shall be utilized in
conjunction with the outdoor dining area.
14.There shall be no use of amplified sound or live entertainment in the temporary
outdoor dining area.
15.No games or contests requiring or involving the consumption of alcoholic beverages
shall be allowed.
16.There shall be no exterior advertising or signs of any kind or type, including advertisingdirected to the exterior form within, promoting and indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to
the exterior shall constitute a violation of this condition.
17.The outdoor dining area shall be always maintained free of litter and graffiti. The owneror operator shall provide for daily removal of trash, litter debris, and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
18.Deliveries and refuse collection for the facility shall be prohibited between the hoursof 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless otherwise
approved by the Director of Community Development and may require an
amendment to this Limited Term Permit and Coastal Development Permit.
19.A Special Events Permit is required for any event or promotional activity outside thenormal operating characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport BeachMunicipal Code to require such permits.
20.Strict adherence to maximum occupancy limits is required.
21.The site shall not be excessively illuminated based on the luminancerecommendations of the Illuminating Engineering Society of North America, or, in the
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opinion of the Director of Community Development, the illumination creates an
unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated.
22.The Applicant shall obtain and maintain authorization from the State Department of
Alcoholic 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 BeverageControl.
23.All trash shall be stored within a building or within dumpsters stored in a trash enclosure
or otherwise screened from view of neighboring properties, except when placed forpick-up by refuse collection agencies.
24.The Applicant shall ensure that the trash dumpsters and/or 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 PlanningDivision. Cleaning and maintenance of trash dumpsters shall be done in compliancewith the provisions of Title 14, including all future amendments (including Water Qualityrelated requirements).
25.This Limited Term Permit and Coastal Development Permit be modified or revokedby the Zoning Administrator if determined that the proposed uses or conditions underwhich it is being operated or maintained is detrimental to the public health, welfareor materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
26.The Community Development Director or designee may inspect the modified areaat any time during normal business hours.
27.Any change in operational characteristics, expansion in area, or other modification
to the approved plans, shall require an amendment to this Limited Term Permit andCoastal Development Permit.
28.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 andcourt costs) of every kind and nature whatsoever which may arise from or in any
manner relate (directly or indirectly) to City’s approval of the Helmsman Ale HouseLimited Term Permit and Coastal Development Permit including, but not limitedto, PA2023-0227. This indemnification shall include, but not be limited to, damagesawarded against the City, if any, costs of suit, attorneys' fees, and other expensesincurred 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
17
Zoning Administrator Resolution No. ZA2025-### Page 13 of 14
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
29.Any areas used for temporary commercial or institutional use shall be accessible todisabled persons.
a.A minimum 4-ft 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 parkingis provided.d.At least one accessible seating area shall be provided.
e.Detectable warnings are required when pedestrian paths cross or are adjacent
to a vehicular way where no physical barrier are provided to separate the two.
30.All exiting paths shall be a minimum 36 inches free and clear. All public walks andsidewalks shall be minimum 48 inches free and clear.
Fire Department
31.No smoking signs shall be conspicuously posted in all tents open to the public.
32.No heating equipment to be used in the tent.
33.The Applicant shall submit a seating chart an occupant load analysis to the FireDepartment for review.
34.The Applicant shall submit documentation to the Fire Department for review of tent
fabrics and listings per California Code of Regulations, Title 19, Division 1, 315-355.
35.At least one approved 2A10BC fire extinguisher shall be provided in the tent.
36.The tent shall have a permanently affixed label identifying:
a.Seal of Registration;b.Name and registration number of the approved applicator; andc.If registered fabric, the trade name and registration number of the approved fabric
and date of production.
Public Works Department
37.The applicant shall install and maintain a substantial physical barrier (K-rail, water-
filled traffic barrier or other barrier approved by the Public Works Department)
between the proposed outdoor dining area and parking spaces and parking aisles in
18
Zoning Administrator Resolution No. ZA2025-### Page 14 of 14
the parking lot. The physical barrier shall not encroach into the parking aisle or any
required parking space.
38.Expanded outdoor dining areas shall adhere to the SCE Clearance Decal standards.
19
Attachment No. ZA 2
Vicinity Map
20
VICINITY MAP
Limited Term and Coastal Development Permit
(PA2023-0227)
2920 Newport Boulevard, Suite D
21
Attachment No. ZA 3
Previous Emergency Temporary Use Permit Approvals
22
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: Helmsman Ale House (PA2020-102)
Emergency Temporary Use Permit No. UP2020-029
Emergency Coastal Development Permit No. CD2020-041
Site Location 2920 Newport Boulevard
Applicant Mario Marovic of Helmsman Ale House
Property Owner Mario Marovic
On June 11, 2020 the Community Development Director approved Emergency Temporary
Use Permit No. UP2020-029 and Emergency Coastal Development Permit No. CD2020-
041. This approval is based on the following findings and subject to the following conditions.
I. SUMMARY OF PROPOSED MODIFIED OPERATION
The Applicant proposes to modify operations for the existing Helmsman Ale House to ensure
the safety of its employees and patrons, as depicted in Attachment No. CD 2. The modified
operations are summarized as follows:
1. Temporary expansion of the existing restaurant into the adjoining on-site surface
parking lot to create an approximately 5,500-square-foot outdoor dining area. This
expanded area will allow for tables to be placed at least seven (7) feet apart and will
help recapture the occupant load that would otherwise be dining inside the
restaurant. The allowed occupant load of the existing restaurant will not increase as
part of this request.
2. The temporarily expanded area will be protected from the driveway entrance on 30
th
Street by a heavy-duty barricade. Adequate protection will also be provided around
the entire perimeter of the area.
3. No more than 25 parking spaces will remain along with one Americans With
Disabilities Act (ADA) compliant parking space.
4. One A-frame sign will be placed on private property at the corner of Newport
Boulevard and 30th Street.
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II. CEQA DETERMINATION
The proposed operation is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an
emergency), Section 15301 Class 1 (Existing Facilities) and Section 15303 Class 3 (New
Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential
to have a significant effect on the environment. Section 15269 allows specific actions
necessary to prevent or mitigate an emergency. The Class 1 exemption includes the
operation, repair, maintenance, permitting, leasing, licensing, 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 permitted project meets
these criteria and there are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case the Community Development Director has found that the temporary use would
not create a hazard to the health, safety or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit is temporary
and only valid during the emergency order established by Emergency Ordinance No.
2020-005.
2. The project, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19.
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
4. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
5. The plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
6. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
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7. This Emergency Temporary Use Permit and Emergency Coastal Development
Permit does not extend the allowed hours and days of operation beyond those
currently permitted by any applicable City- or County-issued discretionary permit.
8. The proposed operation is necessary to provide adequate space to allow for
appropriate social distancing to prevent further spread of COVID-19. The proposed
site plan or use diagram provides adequate areas for patrons to practice social
distancing to reduce the likelihood of spreading COVID-19.
IV. EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS
1.The COVID-19 global pandemic has created a National, State and Local
emergency that is more fully described in Emergency Ordinance No. 2020-005.
The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal
Code (NBMC) Section 21.52.025 because immediate action is necessary to allow
commercial business and institutional uses to re-open consistent with State and
local public health guidelines designed to reduce the spread of COVID-19. If
immediate action is not taken to properly regulate the re-opening of commercial
business and institutional uses, the spread of COVID-19 will likely be more severe
thereby exacerbating the existing public health emergency.
2. Development authorized is temporary and will only be in place during the described
emergency consistent with Emergency Ordinance No. 2020-005. All development
authorized by this permit must be removed after the state of emergency is lifted.
3. Development authorized by this permit is not located in any environmentally
sensitive habitat area and public access to the coast will not be blocked. Coastal
access is increased by allowing commercial establishments to re-open allowing
public to once again visit the coastal areas.
4. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
V. CONDITIONS OF APPROVAL
1.Only that specifically described above and depicted in the attached site plan is
authorized, subject to the conditions set forth below. Any additional changes require
separate review and may necessitate separate authorization from the Director.
2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions
and any restrictions set forth in an applicable discretionary permit regulating uses,
nonconforming uses, development standards, parking and permit procedures that
regulate the use and development of private or public property operations are
suspended only to the extent that the these provisions or restrictions set forth in a
discretionary permit conflict with the terms of this Emergency Temporary Use Permit.
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3. If the proposed operation is using any portion of the public right-of-way, the Applicant
shall obtain and maintain liability insurance for not less than $1,000,000 per
occurrence and as specified by the City’s Risk Manager. All liability insurance
policies shall specifically include the City, the City Council, its employees, and agents
as additional insureds and shall be issued by an agent or representative of an
insurance company licensed to do business in the State of California, which has one
of the three highest or best ratings from the Alfred M. Best company. All insurance
policies shall contain an endorsement obligating the insurance company to furnish
the Community Development Director with at least thirty (30) days written notice in
advance of the cancellation of the policy.
4. The existing allowed hours of operation of the establishment shall not be extended.
Furthermore, the area modified as part of this approval shall close by 9 p.m., Monday
through Thursday, and by 10 p.m. on Friday through Sunday.
5. The use of amplified sound within the temporary area shall be prohibited.
6. All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum of seven (7) feet to ensure proper social distancing is maintained.
7. The permittee shall place and maintain substantial barricades on private property at
the 30th Street driveway entrance and at all locations that are adjacent to a vehicular
passageway.
8. Two parking spaces on either side of the drive aisle shall be coned off and signed for
“No Parking” in order to allow sufficient area for a vehicle to turnaround and to prevent
the creation of a dead-end at the drive aisle.
9. 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 ABC.
10. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
11. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
12. Establishments that provide food service, shall abide by the COVID-19 Industry
Guidance: Dine-In Restaurants provided by the California Department of Public
Health and Department of Industrial Health.
13. 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.
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14. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons as follows:
a. An accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite
parking is provided.
d. Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide and 19 inches deep.
e. Detectable warnings are required when pedestrian paths cross or are adjacent
to a vehicular way where no physical barrier are provided to separate the two.
15. All tops of dining and work surfaces shall be 28 inches to 34 inches above the
finish floor.
16. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
17. Fire lane(s) shall be identified on the plan and shall be kept free and clear.
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-foot clearance in all directions.
21. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
22. 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.
23. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
24. The Community Development Director may immediately revoke this permit if the
Director determines that there has been a violation of any condition of approval. Any
revocation of an Emergency Temporary Use permit shall be deemed effective upon
the posting of a notice of revocation at the site of the business granted the emergency
temporary permit.
25. The Community Development Director may modify this Emergency Temporary Use
Permit. The Director shall notify the applicant of any proposed modification and a
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decision to modify this permit shall be deemed effective upon the posting of a notice
of modification at the site of the business granted the emergency temporary use
permit
26. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed,
or 60 days from the date of authorization, whichever is sooner. The Director may
extend this approval for an additional 60 days for good cause.
27. Upon termination or repeal of Emergency Ordinance No. 2020-005, the Applicant
shall immediately work to remove the temporary improvements in a timely manner
and shall restore the expanded area back to its original use and improvements.
28. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of this
Emergency Temporary Use Permit/Coastal Development Permit. This
indemnification shall include, but not be limited to, damages awarded against the
City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether
incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any
amount owed to the City pursuant to the indemnification requirements prescribed
in this condition.
VI. APPEAL
This decision may be appealed by the applicant/permittee to the City Manager by notifying
the City Manager of the appeal within three (3) calendar days of the decision. The City
Manager shall have authority to sustain, reverse or modify the decision of the Community
Development Director and the City Manager's decision shall be final.
On behalf of Seimone Jurjis, Community Development Director,
______________________________
Benjamin M. Zdeba, AICP
Senior Planner
Attachments: CD 1 Filed Application
CD 2 Applicant’s Description
CD 3 Site Plan Diagram
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Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
findings, and conditions of approval. This is an approved and executed permit and it
constitutes a contract between the City and Permittee for all purposes.
Applicant Name and Title
Signature Date
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Attachment No. CD 1
Filed Application
30
Community Development Department
Planning Permit Application
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
I:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Covid-19 application update\Planning Permit Application - Covid-19.docx Rev: 05/18/2020
1.Check Permits Requested:
Approval-in-Concept -AIC #Lot Merger Staff Approval
Coastal Development Permit Limited Term Permit -Tract Map
Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study
Coastal Residential Development Modification Permit Use Permit -Minor Conditional
Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit
Comprehensive Sign Program Planned Community Development Plan Emergency Temp.Use Permit/CDP
Development Agreement Planned Development Permit Variance
Development Plan Site Development Review -Major Minor Amendment -Code PC GP LCP
Lot Line Adjustment Parcel Map Other:
2.Project Address(es)/Assessor’s Parcel No(s)
3.Project Description and Justification (Attach additional sheets if necessary):
4.Applicant/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
5.Contact/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
6.Owner Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
7.Property Owner’s Affidavit*:(I) (We)
depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further
certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information
herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief.
Signature(s):________________________________ Title:Date:
DD/M0/YEAR
Signature(s):________________________________ Title:Date:
*May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the
application. Please note, the owner(s)’ signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized.
2920 Newport Blvd. Newport Beach, CA 92663
See attached.
Helmsman Ale House
3334 E. Coast HWY
Corona Del Mar CA 92625
949-813-5683 Mario@Loungegroup.com
Mario Marovic
3334 E. Coast HWY 418
Corona Del Mar CA 92625
949-813-5683 Mario@Loungegroup.com
Mario Marovic
3334 E. Coast HWY 418
Corona Del Mar CA 92625
949-813-5683 Mario@Loungegroup.com
418
PA2020-102
31
Attachment No. CD 2
Applicant’s Description
32
Community Development Department
100 Civic Center Dr. / P.O. Box 1768,
Newport Beach, Ca. 92658-8915
Emergency Temporary Use Permit and Emergency Coastal Development Permit
RE: Helmsman Ale House (2920 Newport Blvd. Newport Beach, CA 92623)
Project Description:
The applicant, Helmsman Ale House is requesting an emergency temporary use permit to operate
on the property’s parking lot in a safe manner where social distancing is maintained in
accordance with guidance from the State of California and local health officials.
The applicant is requesting to operate on a portion of the parking lot that is adjacent to the
building and parallel to 30th Street (See attached diagram).
The applicant will rope off the area in the parking lot that will be converted into outdoor-dinning
use. A heavy-duty barrier will be placed at the entrance on 30th street that is closest to the
building. As well as some substantial barricades along the border of the outdoor-dining area.
There will also be no parking in two parking spaces to allow a dedicated turn around area. This
area will also have a heavy-duty barrier.
The dimension of this space is approximately 55 feet by 105 feet. Inside the useable space, there
will be 15 picnic tables. The tables can accommodate 4-6 customers each and the tables will be
spread apart in a staggered formation to ensure physical distancing. The picnic tables will have
umbrellas or easy-ups for shade. Additionally, on the far east side of the outdoor-dinning space,
there will be a service station to take orders and provide beverages to customers.
The business will implement several practices to reduce the potential spread of Covid-19. These
practices include, but are not limited to: implement a risk assessment and protection plan, train
employees on practices to limit spread, implement individual control measures, implement
disinfecting protocols for keeping workstations sanitized and implement physical distancing
guidelines.
The hours and days of operations proposed for the outside area are:
Monday – Thursday 11:00 a.m. – 9:00 p.m.
Friday 11:00 a.m. – 10:00 p.m.
Saturday – Sunday 8:00 a.m. – 10:00 p.m.
The requested occupancy for the proposed area is 90 customers.
Alcohol will be served on the premises.
Approximately 25 parking spaces will be available.
33
The applicant also is proposing one A-Frame sign in the front of the building on the corner of
Newport Blvd. and 30th Street.
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Attachment No. CD 3
Site Plan Diagram
35
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36
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
COMMUNITY DEVELOPMENT DIRECTOR EMERGENCY
TEMPORARY USE PERMIT ACTION
Subject: Helmsman Ale House Amendment (PA2020-246)
Emergency Temporary Use Permit No. UP2020-143
Emergency Coastal Development Permit No. CD2020-128
Site Location 2920 Newport Boulevard
Applicant Mario Marovic of Helmsman Ale House
Property Owner Mario Marovic
On August 20, 2020 the Community Development Director authorized an amendment to
Emergency Temporary Use Permit No. UP2020-029 and Emergency Coastal Development
Permit No. CD2020-041. This approval is based on the following findings and subject to the
following conditions.
I. SUMMARY OF PROPOSED MODIFIED OPERATION
The Applicant proposes to modify operations for the existing Helmsman Ale House to ensure
the safety of its employees and patrons, as depicted in Attachment No. CD 2. The modified
operations will remain as previously approved and summarized as follows:
1. Temporary expansion of the existing restaurant into the adjoining on-site surface
parking lot to create an approximately 5,500-square-foot outdoor dining area. This
expanded area will allow for tables to be placed at least seven (7) feet apart and will
help recapture the occupant load that would otherwise be dining inside the
restaurant. The allowed occupant load of the existing restaurant will not increase as
part of this request.
2. The temporarily expanded area will be protected from the driveway entrance on 30th
Street by a heavy-duty barricade. Adequate protection will also be provided around
the entire perimeter of the area.
3. No more than 25 parking spaces will remain along with one Americans With
Disabilities Act (ADA) compliant parking space.
4. One A-frame sign will be placed on private property at the corner of Newport
Boulevard and 30th Street.
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August 20, 2020
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The change authorized through this amendment is the allowance of an outdoor cooking
area, including a woodburning cooking appliance that is intended for commercial operations.
The Applicant proposes to operate the outdoor cooking area on Fridays from 4 to 8 p.m.
and on Saturdays and Sundays from 12 to 8 p.m. According to Air Quality Management
District (AQMD) Rule 445, wood-burning cooking devices designed and used for
commercial purposes are exempt from said rule.
Once approved and acknowledged, Emergency Temporary Use Permit No. UP2020-029
and Emergency Coastal Development Permit No. CD2020-041 will be superseded and
rendered null-and-void.
II. CEQA DETERMINATION
The proposed operation is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15269 (c) (the activity is necessary to prevent or mitigate an
emergency), Section 15301 Class 1 (Existing Facilities) and Section 15303 Class 3 (New
Construction or Conversion of Small Structures), respectively, of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential
to have a significant effect on the environment. Section 15269 allows specific actions
necessary to prevent or mitigate an emergency. The Class 1 exemption includes the
operation, repair, maintenance, permitting, leasing, licensing, 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 permitted project meets
these criteria and there are no known exceptions listed in CEQA Guidelines Section 15300.2
that would invalidate the use of these exemptions.
III. EMERGENCY TEMPORARY USE PERMIT FINDINGS
In this case the Community Development Director has found that the temporary use would
not create a hazard to the health, safety or welfare of the community for the following
reasons:
1. The operation authorized by this Emergency Temporary Use Permit is temporary
and only valid during the emergency order established by Emergency Ordinance No.
2020-005.
2. The project, based upon the applicant’s project description, approved site plan, and
implementation of all conditions of approval, will be operated safely thereby helping
reduce the spread of COVID-19.
3. The permitted use shall adhere to applicable State of California and Orange County
Health Care Agency guidelines for the safe operation of the use. It is the responsibility
of the permittee to implement and follow industry-specific guidance of the State of
California and the Orange County Health Care Agency guidelines.
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August 20, 2020
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4. The permitted use must be operated in compliance with applicable State Department
of Alcoholic Beverage Control (ABC) requirements.
5. The plan includes appropriate delineation of outdoor use spaces with temporary
physical barriers or markers.
6. The proposed operation is conditioned to be accessible to all persons, including
those with disabilities, in accordance with the Americans with Disabilities Act (ADA).
7. This Emergency Temporary Use Permit and Emergency Coastal Development
Permit does not extend the allowed hours and days of operation beyond those
currently permitted by any applicable City- or County-issued discretionary permit.
8. The proposed operation is necessary to provide adequate space to allow for
appropriate social distancing to prevent further spread of COVID-19. The proposed
site plan or use diagram provides adequate areas for patrons to practice social
distancing to reduce the likelihood of spreading COVID-19.
IV. EMERGENCY COASTAL DEVELOPMENT PERMIT FINDINGS
1. The COVID-19 global pandemic has created a National, State and Local
emergency that is more fully described in Emergency Ordinance No. 2020-005.
The COVID-19 outbreak is an emergency pursuant to Newport Beach Municipal
Code (NBMC) Section 21.52.025 because immediate action is necessary to allow
commercial business and institutional uses to re-open consistent with State and
local public health guidelines designed to reduce the spread of COVID-19. If
immediate action is not taken to properly regulate the re-opening of commercial
business and institutional uses, the spread of COVID-19 will likely be more severe
thereby exacerbating the existing public health emergency.
2. Development authorized is temporary and will only be in place during the described
emergency consistent with Emergency Ordinance No. 2020-005. All development
authorized by this permit must be removed after the state of emergency is lifted.
3. Development authorized by this permit is not located in any environmentally
sensitive habitat area and public access to the coast will not be blocked. Coastal
access is increased by allowing commercial establishments to re-open allowing
public to once again visit the coastal areas.
4. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
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V. CONDITIONS OF APPROVAL
1. Only that specifically described above and depicted in the attached site plan is
authorized, subject to the conditions set forth below. Any additional changes require
separate review and may necessitate separate authorization from the Director.
2. As long as this Emergency Temporary Use Permit is in effect, all NBMC provisions
and any restrictions set forth in an applicable discretionary permit regulating uses,
nonconforming uses, development standards, parking and permit procedures that
regulate the use and development of private or public property operations are
suspended only to the extent that the these provisions or restrictions set forth in a
discretionary permit conflict with the terms of this Emergency Temporary Use Permit.
3. If the proposed operation is using any portion of the public right-of-way, the Applicant
shall obtain and maintain liability insurance for not less than $1,000,000 per
occurrence and as specified by the City’s Risk Manager. All liability insurance
policies shall specifically include the City, the City Council, its employees, and agents
as additional insureds and shall be issued by an agent or representative of an
insurance company licensed to do business in the State of California, which has one
of the three highest or best ratings from the Alfred M. Best company. All insurance
policies shall contain an endorsement obligating the insurance company to furnish
the Community Development Director with at least thirty (30) days written notice in
advance of the cancellation of the policy.
4. The existing allowed hours of operation of the establishment shall not be extended.
Furthermore, the area modified as part of this approval shall close by 9 p.m., Monday
through Thursday, and by 10 p.m. on Friday through Sunday.
5. The use of amplified sound within the temporary area shall be prohibited.
6. All dining tables shall be separated from other dining tables and/or waiting areas
by a minimum of seven (7) feet to ensure proper social distancing is maintained.
7. The permittee shall place and maintain substantial barricades on private property at
the 30th Street driveway entrance and at all locations that are adjacent to a vehicular
passageway.
8. Two parking spaces on either side of the drive aisle shall be coned off and signed for
“No Parking” in order to allow sufficient area for a vehicle to turnaround and to prevent
the creation of a dead-end at the drive aisle.
9. The outdoor cooking area is only permitted to operate between the hours of 4 p.m.
and 8 p.m. on Fridays and between 12 p.m. and 8 p.m. on Saturdays and Sundays.
10. The applicant shall obtain and maintain authorization from the State Department of
Alcoholic Beverage Control (ABC) for all areas where the sale, service or
consumption of alcohol is under the control of the applicant. The establishment shall
abide by all applicable regulations of the ABC.
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11. All owners, managers, and employees selling and serving alcohol shall comply with
all ABC guidelines and regulations and shall further take all measures necessary to
prevent over-service of alcohol and/or disorderly conduct from patrons. Increased
calls for Police Department service to the establishment or complaints made to the
City will cause a review of operations and may result in a revocation of this Permit.
12. The sale of alcohol “to go” to patrons that dine within the restaurant or expanded
outdoor patios shall be prohibited.
13. The establishment shall abide by all applicable Orange County Health Care Agency
requirements.
14. Establishments that provide food service, shall abide by the COVID-19 Industry
Guidance: Dine-In Restaurants provided by the California Department of Public
Health and Department of Industrial Health.
15. 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.
16. Any areas used for temporary commercial or institutional use shall be accessible to
disabled persons as follows:
a. An accessible path to all functional area shall be provided.
b. Access to restrooms shall be provided at all times.
c. Accessible parking stalls shall not be used for seating areas when onsite
parking is provided.
d. Accessible seating at tables or counters shall provide knee clearance of at least
27 inches high, 30 inches wide and 19 inches deep.
e. Detectable warnings are required when pedestrian paths cross or are adjacent
to a vehicular way where no physical barrier are provided to separate the two.
17. All tops of dining and work surfaces shall be 28 inches to 34 inches above the
finish floor.
18. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
19. The outdoor cooking appliance shall not be under combustible construction and
shall maintain a minimum of 10 feet clear from any structure and their projections
with the same clearance to any openings such as doors, windows and intake vents
for makeup air.
20. In addition to an ABC extinguisher, a K-class extinguisher is also required for all
types of cooking except liquid propane gas. Also, any deep fat fryer generating
grease requires the same extinguisher.
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21. Fire lane(s) shall be identified on the plan and shall be kept free and clear.
22. Parking, displays, seating or other obstacles that interfere with emergency vehicles
and personnel shall not be permitted in fire lanes.
23. 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.
24. All Fire Department devices (fire hydrants, fire department connections, water
valves, etc.) shall have a three-foot clearance in all directions.
25. Fire Department devices shall not be covered, blocked or otherwise hidden from
plain view.
26. TENT (min. 400 sf with 2 or more walls) & CANOPY (min. 700 sf)
Post maximum occupant load.
Do not exceed posted occupant load inside the tent or canopy.
Visible and Mounted Fire Extinguishers with current service tags.
No Smoking Signs shall be installed.
Illuminated Exit Signs shall be installed.
Emergency Lighting shall be provided.
Exit doors are not to be blocked and are to remain accessible as exits
while the tent is occupied.
All interior decorative fabrics or materials 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 Marshal tag indicating
fire resistance.
Tents and canopies shall be designed and installed to withstand the
elements of the weather and prevent collapsing through weights
and ground anchorage.
27. 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.
28. The Community Development Director or designee may inspect the modified area at
any time during normal business hours.
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29. The Community Development Director may immediately revoke this permit if the
Director determines that there has been a violation of any condition of approval. Any
revocation of an Emergency Temporary Use permit shall be deemed effective upon
the posting of a notice of revocation at the site of the business granted the emergency
temporary permit.
30. The Community Development Director may modify this Emergency Temporary Use
Permit. The Director shall notify the applicant of any proposed modification and a
decision to modify this permit shall be deemed effective upon the posting of a notice
of modification at the site of the business granted the emergency temporary use
permit
31. This temporary authorization shall expire fourteen (14) days after the emergency
order established by Emergency Ordinance No. 2020-005 is terminated or repealed,
or 60 days from the date of authorization, whichever is sooner. The Director may
extend this approval for an additional 60 days for good cause.
32. Upon termination or repeal of Emergency Ordinance No. 2020-005, the Applicant
shall immediately work to remove the temporary improvements in a timely manner
and shall restore the expanded area back to its original use and improvements.
33. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands, obligations,
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may
arise from or in any manner relate (directly or indirectly) to City’s approval of this
Emergency Temporary Use Permit/Coastal Development Permit. This
indemnification shall include, but not be limited to, damages awarded against the
City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether
incurred by applicant, City, and/or the parties initiating or bringing such
proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions
set forth in this condition. The applicant shall pay to the City upon demand any
amount owed to the City pursuant to the indemnification requirements prescribed
in this condition.
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VI. APPEAL
This decision may be appealed by the applicant/permittee to the City Manager by notifying
the City Manager of the appeal within three (3) calendar days of the decision. The City
Manager shall have authority to sustain, reverse or modify the decision of the Community
Development Director and the City Manager's decision shall be final.
On behalf of Seimone Jurjis, Community Development Director,
______________________________
Benjamin M. Zdeba, AICP
Senior Planner
Attachments: CD 1 Filed Application
CD 2 Applicant’s Description
CD 3 Site Plan Diagram
Applicant and Permit Recipient Acknowledgement and Agreement
I hereby acknowledge that I have received a copy of this permit and that I have read and
understand the permit and all conditions. I hereby agree to operate the authorized use
consistent with this permit including the project description, approved site plan diagram,
findings, and conditions of approval. This is an approved and executed permit and it
constitutes a contract between the City and Permittee for all purposes.
Applicant Name and Title
Signature Date
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Attachment No. CD 1
Filed Application
45
Community Development Department
Planning Permit Application
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
I:\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_Guidelines\Covid-19 application update\Planning Permit Application - Covid-19.docx Rev: 05/18/2020
1.Check Permits Requested:
Approval-in-Concept -AIC #Lot Merger Staff Approval
Coastal Development Permit Limited Term Permit -Tract Map
Waiver for De Minimis Development Seasonal < 90 day >90 days Traffic Study
Coastal Residential Development Modification Permit Use Permit -Minor Conditional
Condominium Conversion Off-Site Parking Agreement Amendment to existing Use Permit
Comprehensive Sign Program Planned Community Development Plan Emergency Temp.Use Permit/CDP
Development Agreement Planned Development Permit Variance
Development Plan Site Development Review -Major Minor Amendment -Code PC GP LCP
Lot Line Adjustment Parcel Map Other:
2.Project Address(es)/Assessor’s Parcel No(s)
3.Project Description and Justification (Attach additional sheets if necessary):
4.Applicant/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
5.Contact/Company Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
6.Owner Name
Mailing Address Suite/Unit
City State Zip
Phone Fax Email
7.Property Owner’s Affidavit*:(I) (We)
depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further
certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information
herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief.
Signature(s):________________________________ Title:Date:
DD/M0/YEAR
Signature(s):________________________________ Title:Date:
*May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the
application. Please note, the owner(s)’ signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized.
2920 Newport Blvd. Newport Beach, CA 92663
See attached.
Helmsman Ale House
3334 E. Coast HWY
Corona Del Mar CA 92625
949-813-5683 Mario@Loungegroup.com
Mario Marovic
3334 E. Coast HWY 418
Corona Del Mar CA 92625
949-813-5683 Mario@Loungegroup.com
Mario Marovic
3334 E. Coast HWY 418
Corona Del Mar CA 92625
949-813-5683 Mario@Loungegroup.com
418
PA2020-102
46
Attachment No. CD 2
Applicant’s Description
47
Community Development Department
100 Civic Center Dr. / P.O. Box 1768,
Newport Beach, Ca. 92658-8915
Emergency Temporary Use Permit and Emergency Coastal Development Permit
RE: Helmsman Ale House (2920 Newport Blvd. Newport Beach, CA 92623)
Project Description:
The applicant, Helmsman Ale House is requesting an emergency temporary use permit to operate
on the property’s parking lot in a safe manner where social distancing is maintained in
accordance with guidance from the State of California and local health officials.
The applicant is requesting to operate on a portion of the parking lot that is adjacent to the
building and parallel to 30th Street (See attached diagram).
The applicant will rope off the area in the parking lot that will be converted into outdoor-dinning
use. A heavy-duty barrier will be placed at the entrance on 30th street that is closest to the
building. As well as some substantial barricades along the border of the outdoor-dining area.
There will also be no parking in two parking spaces to allow a dedicated turn around area. This
area will also have a heavy-duty barrier.
The dimension of this space is approximately 55 feet by 105 feet. Inside the useable space, there
will be 15 picnic tables. The tables can accommodate 4-6 customers each and the tables will be
spread apart in a staggered formation to ensure physical distancing. The picnic tables will have
umbrellas or easy-ups for shade. Additionally, on the far east side of the outdoor-dinning space,
there will be a service station to take orders and provide beverages to customers.
The business will implement several practices to reduce the potential spread of Covid-19. These
practices include, but are not limited to: implement a risk assessment and protection plan, train
employees on practices to limit spread, implement individual control measures, implement
disinfecting protocols for keeping workstations sanitized and implement physical distancing
guidelines.
The hours and days of operations proposed for the outside area are:
Monday – Thursday 11:00 a.m. – 9:00 p.m.
Friday 11:00 a.m. – 10:00 p.m.
Saturday – Sunday 8:00 a.m. – 10:00 p.m.
The requested occupancy for the proposed area is 90 customers.
Alcohol will be served on the premises.
Approximately 25 parking spaces will be available.
48
The applicant also is proposing one A-Frame sign in the front of the building on the corner of
Newport Blvd. and 30th Street.
49
From: Micah Schiesel <micahs@loungegroup.com>
Sent: Tuesday, August 18, 2020 8:12 AM
To: Zdeba, Benjamin; Mario Marovic
Cc: helmsman
Subject: Re: Helmsman Ale House Outdoor Cooking
Attachments: BBQ.png
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Ben please see below and attached -
x Regarding outdoor cooking, a K-class extinguisher is required for all types of cooking except
LPG. Also, any deep fat fryer generating grease requires the same extinguisher. This is in
addition to the regular ABC extinguisher required. The OC Health Care Agency needs to
approve outdoor cooking activities. (Completed)
These comments were from an official from the Building Division:
x The Smoker should not be under combustible construction and should maintain a minimum
of 10 feet clear from any structure and their projections with the same clearance to any
openings such as doors, windows and intake vents for makeup air. (Completed - see site
plan)
50
--
Best regards,
Micah Schiesel
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Attachment No. CD 3
Site Plan Diagram
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53
RESOLUTION NO. ZA2022-006
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
LIMITED TERM PERMIT NO. XP2021-026 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-050 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 2920
NEWPORT BOULEVARD (PA2021-204)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Helmsman Ale House (Applicant), with respect to property
located at 2920 Newport Boulevard, described as Assessor Parcel Numbers 047-043-04
and 047-043-20, requesting approval of a limited term permit and a coastal development
permit.
2. The Applicant proposes a reduced 1,000-square-foot maximum expanded outdoor dining
area for up to a one (1)-year term. The previous larger 5,500-square-foot area was
authorized through Emergency Temporary Use Permit No. UP2020-143 and Emergency
Coastal Development Permit No. CD2020-128 (PA2020-246).
3. The subject property is categorized Visitor Serving Commercial (CV) by the General Plan
Land Use Element and is located within the Commercial Visitor-Serving (CV) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Visitor Serving Commercial (CV-A) – (0.0 to 0.75 FAR) and it is located within
the Commercial Visitor-Serving (CV) Coastal Zoning District.
5. A public hearing was held on January 27, 2022, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, 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
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Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 1,000-square-foot expanded outdoor
dining patio at an existing restaurant for a one (1)-year limited term and qualifies under the
parameters of the Class 1 and Class 3 exemptions.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040.G (Limited Term Permits) of the NBMC, 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 and expanded outdoor dining patio for up to
a one (1)-year term while the City reconsiders its parking requirements related to food
service uses. The existing food service use is authorized through Use Permit No. 3485
and its subsequent amendments.
2. The previously larger 5,500-square-foot expanded dining area has not posed a hazard to
the general welfare of persons residing in the area since it was placed during the COVID-
19 pandemic in 2020 through an Emergency Temporary Use Permit. A resident has filed
complaints regarding operating outside of authorized hours and excessive noise. If
founded, those complaints have been addressed through enforcement measures outlined
in the NBMC, as they are received by the Code Enforcement Division. The operation of
the expanded dining area is limited to up to one (1) year and has been reviewed and
conditioned to help preclude any detriment to the general welfare of the area. The Code
Enforcement Division will continue to ensure all conditions of approval are abided by.
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3. The previously approved temporary operation was authorized through Emergency
Temporary Use Permit No. UP2020-143 (PA2020-246). This approval allowed a
temporary patio of approximately 5,500 square feet. The proposed operation significantly
reduces the patio to no more than 1,000 square feet. Operation of the expanded outdoor
dining area is limited to up to one (1)-year.
4. Outdoor dining areas are common within the Balboa Peninsula area, have been used at
the subject property during similar hours in the past, and the use has not proven to be
detrimental. The existing hours of operation for the interior of the restaurant are limited
from 6 a.m. to 11 p.m., Sunday through Thursday and from 6 a.m. to 1 a.m., Friday and
Saturday. The proposed temporary outdoor dining area would close by 9 p.m., Monday
through Thursday, and by 10 p.m., Friday through Sunday.
5. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
6. The permitted use shall adhere to applicable State of California and Orange County Health
Care Agency (OCHCA) 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 OCHCA guidelines.
7. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
8. The plan includes appropriate delineation of outdoor use spaces with temporary physical
barriers or markers.
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 restaurant is located on a site that is comprised of two (2) separate parcels: one (1)
with the restaurant building and one (1) with the parking lot to serve the building. The
combined two (2) parcels are approximately 0.5-acre in size. If approved, the temporary
outdoor patio would be reduced to 1,000 square feet from the previously approved 5,500
square feet and has been conditioned to have no permanent structures.
2. The project site is located on the northeast corner of Newport Boulevard and 30th Street.
Surrounding uses include residential neighborhoods, which are located to the west beyond
The Landing shopping center, and a mixed-use neighborhood to the north, east and south.
The temporary patio does not negatively affect surrounding uses as it is limited by the
Conditions of Approval, is a reduction of the current temporarily expanded area, and serves
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Zoning Administrator Resolution No. ZA2022-006
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an existing restaurant. Furthermore, the reduced temporary outdoor dining area will restore
approximately ten (10) parking spaces.
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 driveway approaches taken from 30th Street and the alley. The
temporary outdoor patio is located within the private parking lot abutting the restaurant and
will not impede access. There are no traffic issues anticipated.
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 subject property has been occupied by a food service use with outdoor dining since
1993. The existing parking lot has historically accommodated the restaurant. The existing
parking lot is expected to accommodate the temporary use. There have been no parking-
related complaints or issues raised related to the outdoor dining area installed under the
previous emergency permit.
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 CV (Visitor Serving Commercial). The
CV category is intended to allow for a range of accommodations (e.g., hotels, motels,
hostels), goods, and services intended to primarily serve visitors. Permitted uses include
those permitted in the CV Zoning designation, which includes restaurants by obtaining
a use permit. The expanded outdoor dining use is accessory to the existing restaurant, will
be utilized for a limited duration on-site and will be in furtherance of the intention for this
land use category.
2. The site is in the Commercial Visitor Serving (CV) Zoning District. The CV designation
applies to areas intended to provide for areas appropriate for accommodations, goods,
and services intended to serve primarily visitors. The expanded outdoor dining use is
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Zoning Administrator Resolution No. ZA2022-006
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accessory to the existing restaurant, will be utilized for a limited duration on-site, and will
not impede use of the site consistent with the CV designation. The CV 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 expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CV 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 Plan Land Use
Element Goal LU 2, 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)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Balboa Peninsula.
5. The site is not located within a specific plan area.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
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1. The project site is not located adjacent to a coastal view road or public access way. The
temporary patio is located on a site with an existing restaurant. The temporary outdoor
dining area complies with all applicable Local Coastal Program (LCP) development
standards and maintains an area consistent with the existing pattern of development on
the Balboa Peninsula. Additionally, the project does not contain any unique features that
could degrade the visual quality of the coastal zone.
2. The Property is in the coastal zone and the proposed improvements require a coastal
development permit in accordance with Newport Beach Municipal Code (NBMC)
Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements constitute an increase of ten (10) percent or more of
the internal floor area of an existing structure or a lesser improvement that has
previously been undertaken pursuant to California Public Resources Code Section
30610(a). The expanded outdoor dining area and barrier has only minor detached
structures. The location of these improvements does not pose a conflict to coastal
resources, coastal access, or other adverse environmental effects.
3. Improvements are complementary to the area; the subject restaurant and other
restaurants on the Balboa Peninsula have similar outdoor dining improvements.
4. The dining area barrier is installed within the existing private parking lot. The barrier
delineates the area dedicated for outdoor dining use and alcohol service. There are no
existing City utilities within the expanded outdoor dining area.
5. Development authorized by this permit is not located in any environmentally sensitive
habitat area (ESHA) and public access to the coast will not be blocked. Coastal access
is increased by allowing commercial establishments to re-open allowing public to visit
coastal areas and provides an added amenity for visitors. The proposed operation does
not contain ESHA, wetlands, or sandy beach area.
6. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The subject property is not located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
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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) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-026 and Coastal Development Permit No. CD2021-050 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
and Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code.
The project site is not located within the appeal area of the coastal zone; therefore, final
action by the City may not be appealed to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF JANUARY, 2022.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan stamped
and dated with the date of this approval (except as modified by applicable conditions of
approval).
2. The approval of this Limited Term Permit and Coastal Development Permit shall be
effective from January 11, 2022, to January 10, 2023, unless an extension is granted by
the Zoning Administrator in compliance with Municipal Code Sections 20.52.040(J)
(Extension of Limited Term Permit) and 21.54.060 (Time Limits and Extensions). 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 expanded dining area shall not exceed 1,000 square feet.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
9 p.m. on Monday through Thursday, and 10 p.m. on Friday through Sunday.
5. There shall be no use of amplified sound and/or live entertainment in the expanded dining
area.
6. The applicant shall install and maintain a physical barrier between any area used and
adjacent to common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
7. There shall be no permanent structures that require building permits.
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.
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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
approval.
15. This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
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 and Coastal
Development 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 No. XP2021-
026 and Coastal Development Permit No. CD2021-050 (PA2021-204) for Helmsman
Ale House. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether incurred
by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The applicant
shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
Building Division
18. 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.
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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).
19. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
Public Works Department
20. Prior to implementation of this approval, the site plan and layout shall be reviewed and
approved by the Public Works Department.
21. Substantial barriers (automobiles, K-rail, water-filled barrier, or other material acceptable
to Public Works) shall be provided between the seating area and drive aisle and adjacent
parking spaces. Substantial barriers shall not encroach into the required dimensions of
the drive aisle and parking spaces.
22. 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 poles and 15 feet of
space around all underground facilities, such as vault lids, manholes, vent pipes, pad-
mounted transformers, etc.
23. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
24. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
25. Expanded outdoor dining areas shall adhere to the SCE Clearance Decal examples.
Fire Department
26. Covered outdoor dining areas (separate or consolidated) shall comply with the following
standards for tents larger than 400 square feet (two [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.
• 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.
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• 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 Marshal tag indicating fire resistance.
• Tents and canopies shall be designed and installed to withstand the elements of the
weather and prevent collapsing through weights and ground anchorage.
27. Fire lane(s) shall be identified on the plan.
28. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
29. 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.
30. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a 3-foot clearance in all directions.
31. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
32. 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.
64
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
949-644-3200
www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Subject: Helmsman Ale House Temporary Patio Extension of Time
(PA2022-0280)
▪ Coastal Development Permit
▪ Limited Term Permit
(PA2021-204)
Site Location 2920 Newport Boulevard
Applicant Donald Callender, Lemon Meringue LLC
Legal Description Parcel 1 of Block 230
On December 23, 2022, the Zoning Administrator approved a 12-month extension of time
of a coastal development permit and a limited term permit for an 1,000-square-foot outdoor
dining area for Helmsman Ale House. The limited term permit and coastal development
permit were originally approved on January 27, 2022, by the Zoning Administrator
(Attachment No. ZA 2) and are set to expire on January 10, 2023. The extension will allow
the limited term permit and coastal development permit to concurrently expire on December
30, 2023. There have been no changes to the conditions or circumstances of the project
from the time of the original approval. The Code Enforcement division has reviewed the
request and is in support of the extension of time, as the outdoor dining patio has been
operating without any issues or complaints from the public.
Pursuant to Section 20.52.040(J) (Extension of Limited Term Permit) of the NBMC, this is
the last possible extension for the temporary outdoor dining area approvals. Once they
expire on December 30, 2023, the temporary improvements shall be immediately removed
and the area restored to its original condition. Should the applicant wish to pursue approval
of the outdoor dining area on a permanent basis, the applicant must pursue an amendment
to the Use Permit and will need to be prepared to make permanent improvements to the
outdoor dining area, if approved. Use permits are discretionary approvals that are not
guaranteed. A parking waiver may be necessary to allow the permanent addition of an
outdoor dining area.
For questions on this action, please contact Ben Zdeba, Principal Planner, at 949-644-3253
or bzdeba@newportbeachca.gov.
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Helmsmann Extension of Time (PA2022-0280)
December 23, 2022
Page 2
Tmplt: 07/25/19
BMZ/dlee
Attachments: ZA 1 Vicinity Map
ZA 2 Resolution ZA2022-006
66
Attachment No. ZA 1
Vicinity Map
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Helmsmann Extension of Time (PA2022-0280)
December 23, 2022
Page 2
Tmplt: 07/25/19
VICINITY MAP
Extension of Time
PA2022-0280
2920 Newport Boulevard
Subject Property
68
Attachment No. ZA 2
Resolution ZA2022-006
69
RESOLUTION NO. ZA2022-006
A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE
CITY OF NEWPORT BEACH, CALIFORNIA APPROVING
LIMITED TERM PERMIT NO. XP2021-026 AND COASTAL
DEVELOPMENT PERMIT NO. CD2021-050 TO ALLOW AN
EXPANDED OUTDOOR DINING AREA LOCATED AT 2920
NEWPORT BOULEVARD (PA2021-204)
THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Helmsman Ale House (Applicant), with respect to property
located at 2920 Newport Boulevard, described as Assessor Parcel Numbers 047-043-04
and 047-043-20, requesting approval of a limited term permit and a coastal development
permit.
2. The Applicant proposes a reduced 1,000-square-foot maximum expanded outdoor dining
area for up to a one (1)-year term. The previous larger 5,500-square-foot area was
authorized through Emergency Temporary Use Permit No. UP2020-143 and Emergency
Coastal Development Permit No. CD2020-128 (PA2020-246).
3. The subject property is categorized Visitor Serving Commercial (CV) by the General Plan
Land Use Element and is located within the Commercial Visitor-Serving (CV) Zoning
District.
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Visitor Serving Commercial (CV-A) – (0.0 to 0.75 FAR) and it is located within
the Commercial Visitor-Serving (CV) Coastal Zoning District.
5. A public hearing was held on January 27, 2022, online via Zoom. A notice of time, place
and purpose of the hearing was given in accordance with the Newport Beach Municipal
Code (NBMC). Evidence, both written and oral, was presented to, and considered by,
the Zoning Administrator at this hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, 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
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Class 3 exemption includes a store, motel, office, restaurant, or similar structure not
involving the use of significant amounts of hazardous substances, not exceeding 2,500
square feet in floor area or 10,000 square feet in floor area in urbanized areas zoned for
such use. The proposed scope of work is a maximum 1,000-square-foot expanded outdoor
dining patio at an existing restaurant for a one (1)-year limited term and qualifies under the
parameters of the Class 1 and Class 3 exemptions.
3. The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within
a state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
SECTION 3. REQUIRED FINDINGS.
Limited Term Permit
In accordance with Section 20.52.040.G (Limited Term Permits) of the NBMC, 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 and expanded outdoor dining patio for up to
a one (1)-year term while the City reconsiders its parking requirements related to food
service uses. The existing food service use is authorized through Use Permit No. 3485
and its subsequent amendments.
2. The previously larger 5,500-square-foot expanded dining area has not posed a hazard to
the general welfare of persons residing in the area since it was placed during the COVID-
19 pandemic in 2020 through an Emergency Temporary Use Permit. A resident has filed
complaints regarding operating outside of authorized hours and excessive noise. If
founded, those complaints have been addressed through enforcement measures outlined
in the NBMC, as they are received by the Code Enforcement Division. The operation of
the expanded dining area is limited to up to one (1) year and has been reviewed and
conditioned to help preclude any detriment to the general welfare of the area. The Code
Enforcement Division will continue to ensure all conditions of approval are abided by.
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3. The previously approved temporary operation was authorized through Emergency
Temporary Use Permit No. UP2020-143 (PA2020-246). This approval allowed a
temporary patio of approximately 5,500 square feet. The proposed operation significantly
reduces the patio to no more than 1,000 square feet. Operation of the expanded outdoor
dining area is limited to up to one (1)-year.
4. Outdoor dining areas are common within the Balboa Peninsula area, have been used at
the subject property during similar hours in the past, and the use has not proven to be
detrimental. The existing hours of operation for the interior of the restaurant are limited
from 6 a.m. to 11 p.m., Sunday through Thursday and from 6 a.m. to 1 a.m., Friday and
Saturday. The proposed temporary outdoor dining area would close by 9 p.m., Monday
through Thursday, and by 10 p.m., Friday through Sunday.
5. The proposed operation is conditioned to be accessible to all persons, including those with
disabilities, in accordance with the Americans with Disabilities Act (ADA).
6. The permitted use shall adhere to applicable State of California and Orange County Health
Care Agency (OCHCA) 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 OCHCA guidelines.
7. The permitted use must be operated in compliance with applicable State Department of
Alcoholic Beverage Control (ABC) requirements.
8. The plan includes appropriate delineation of outdoor use spaces with temporary physical
barriers or markers.
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 restaurant is located on a site that is comprised of two (2) separate parcels: one (1)
with the restaurant building and one (1) with the parking lot to serve the building. The
combined two (2) parcels are approximately 0.5-acre in size. If approved, the temporary
outdoor patio would be reduced to 1,000 square feet from the previously approved 5,500
square feet and has been conditioned to have no permanent structures.
2. The project site is located on the northeast corner of Newport Boulevard and 30th Street.
Surrounding uses include residential neighborhoods, which are located to the west beyond
The Landing shopping center, and a mixed-use neighborhood to the north, east and south.
The temporary patio does not negatively affect surrounding uses as it is limited by the
Conditions of Approval, is a reduction of the current temporarily expanded area, and serves
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an existing restaurant. Furthermore, the reduced temporary outdoor dining area will restore
approximately ten (10) parking spaces.
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 driveway approaches taken from 30th Street and the alley. The
temporary outdoor patio is located within the private parking lot abutting the restaurant and
will not impede access. There are no traffic issues anticipated.
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 subject property has been occupied by a food service use with outdoor dining since
1993. The existing parking lot has historically accommodated the restaurant. The existing
parking lot is expected to accommodate the temporary use. There have been no parking-
related complaints or issues raised related to the outdoor dining area installed under the
previous emergency permit.
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 CV (Visitor Serving Commercial). The
CV category is intended to allow for a range of accommodations (e.g., hotels, motels,
hostels), goods, and services intended to primarily serve visitors. Permitted uses include
those permitted in the CV Zoning designation, which includes restaurants by obtaining
a use permit. The expanded outdoor dining use is accessory to the existing restaurant, will
be utilized for a limited duration on-site and will be in furtherance of the intention for this
land use category.
2. The site is in the Commercial Visitor Serving (CV) Zoning District. The CV designation
applies to areas intended to provide for areas appropriate for accommodations, goods,
and services intended to serve primarily visitors. The expanded outdoor dining use is
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accessory to the existing restaurant, will be utilized for a limited duration on-site, and will
not impede use of the site consistent with the CV designation. The CV 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 expanded outdoor dining would complement and be
consistent with the other commercial uses permitted within the CV 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 Plan Land Use
Element Goal LU 2, 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)
4. Council Policy D-9 recognizes the need to balance economic development objectives with
protection of the environment and the health and safety of the community. The policy
recognizes the need to provide effective and efficient structures for implementing economic
programs, utilizing staffing to provide healthy, thriving businesses, and maintain a healthy
economy while preserving the unique commercial villages in Newport Beach. The
proposed limited term permit would support a local business and economic prosperity while
maintaining the unique character of the Balboa Peninsula.
5. The site is not located within a specific plan area.
Coastal Development Permit
In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision)
of the NBMC, the following findings and facts in support of such findings are set forth:
Finding:
F. Conforms to all applicable sections of the certified Local Coastal Program.
Facts in Support of Finding:
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1. The project site is not located adjacent to a coastal view road or public access way. The
temporary patio is located on a site with an existing restaurant. The temporary outdoor
dining area complies with all applicable Local Coastal Program (LCP) development
standards and maintains an area consistent with the existing pattern of development on
the Balboa Peninsula. Additionally, the project does not contain any unique features that
could degrade the visual quality of the coastal zone.
2. The Property is in the coastal zone and the proposed improvements require a coastal
development permit in accordance with Newport Beach Municipal Code (NBMC)
Section 21.52.035(C)(2) (Projects Exempt from Coastal Development Permit
Requirements). The improvements constitute an increase of ten (10) percent or more of
the internal floor area of an existing structure or a lesser improvement that has
previously been undertaken pursuant to California Public Resources Code Section
30610(a). The expanded outdoor dining area and barrier has only minor detached
structures. The location of these improvements does not pose a conflict to coastal
resources, coastal access, or other adverse environmental effects.
3. Improvements are complementary to the area; the subject restaurant and other
restaurants on the Balboa Peninsula have similar outdoor dining improvements.
4. The dining area barrier is installed within the existing private parking lot. The barrier
delineates the area dedicated for outdoor dining use and alcohol service. There are no
existing City utilities within the expanded outdoor dining area.
5. Development authorized by this permit is not located in any environmentally sensitive
habitat area (ESHA) and public access to the coast will not be blocked. Coastal access
is increased by allowing commercial establishments to re-open allowing public to visit
coastal areas and provides an added amenity for visitors. The proposed operation does
not contain ESHA, wetlands, or sandy beach area.
6. Development authorized is not located in an area in which the California Coastal
Commission retains direct permit review authority.
Finding:
G. Conforms with the public access and public recreation policies of Chapter 3 of the
Coastal Act if the project is located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
Fact in Support of Finding:
1. The subject property is not located between the nearest public road and the sea or
shoreline of any body of water located within the coastal zone.
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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) and Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment.
2. The Zoning Administrator of the City of Newport Beach hereby approves Limited Term
Permit No. XP2021-026 and Coastal Development Permit No. CD2021-050 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
and Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code.
The project site is not located within the appeal area of the coastal zone; therefore, final
action by the City may not be appealed to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF JANUARY, 2022.
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EXHIBIT “A”
CONDITIONS OF APPROVAL
(Project-specific conditions are in italics)
Planning Division
1. The development shall be in substantial conformance with the approved site plan stamped
and dated with the date of this approval (except as modified by applicable conditions of
approval).
2. The approval of this Limited Term Permit and Coastal Development Permit shall be
effective from January 11, 2022, to January 10, 2023, unless an extension is granted by
the Zoning Administrator in compliance with Municipal Code Sections 20.52.040(J)
(Extension of Limited Term Permit) and 21.54.060 (Time Limits and Extensions). 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 expanded dining area shall not exceed 1,000 square feet.
4. The existing allowed hours of operation of the establishment shall not be extended. The
hours of operation of the expanded area as part of this approval shall not extend beyond
9 p.m. on Monday through Thursday, and 10 p.m. on Friday through Sunday.
5. There shall be no use of amplified sound and/or live entertainment in the expanded dining
area.
6. The applicant shall install and maintain a physical barrier between any area used and
adjacent to common pedestrian walkways in accordance with the requirements of the State
Department of Alcoholic Beverage Control.
7. There shall be no permanent structures that require building permits.
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.
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Zoning Administrator Resolution No. ZA2022-006
Page 9 of 11
09-30-21
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
approval.
15. This Limited Term Permit and Coastal Development Permit be modified or revoked by
the Zoning Administrator if determined that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
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 and Coastal
Development 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 No. XP2021-
026 and Coastal Development Permit No. CD2021-050 (PA2021-204) for Helmsman
Ale House. This indemnification shall include, but not be limited to, damages awarded
against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in
connection with such claim, action, causes of action, suit or proceeding whether incurred
by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant
shall indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The applicant
shall pay to the City upon demand any amount owed to the City pursuant to the
indemnification requirements prescribed in this condition.
Building Division
18. 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.
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Zoning Administrator Resolution No. ZA2022-006
Page 10 of 11
09-30-21
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).
19. All exiting paths shall be a minimum 36 inches free and clear. All public walks and
sidewalks shall be a minimum 48 inches free and clear.
Public Works Department
20. Prior to implementation of this approval, the site plan and layout shall be reviewed and
approved by the Public Works Department.
21. Substantial barriers (automobiles, K-rail, water-filled barrier, or other material acceptable
to Public Works) shall be provided between the seating area and drive aisle and adjacent
parking spaces. Substantial barriers shall not encroach into the required dimensions of
the drive aisle and parking spaces.
22. 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 poles and 15 feet of
space around all underground facilities, such as vault lids, manholes, vent pipes, pad-
mounted transformers, etc.
23. Seating or structures below overhead conductors and/or under the ‘drip line’ shall be
prohibited.
24. Public eating/dining at tables shall not be situated on top of energized vault lids,
energized underground structures, or next to vent pipes, etc.
25. Expanded outdoor dining areas shall adhere to the SCE Clearance Decal examples.
Fire Department
26. Covered outdoor dining areas (separate or consolidated) shall comply with the following
standards for tents larger than 400 square feet (two [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.
• 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.
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09-30-21
• 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 Marshal tag indicating fire resistance.
• Tents and canopies shall be designed and installed to withstand the elements of the
weather and prevent collapsing through weights and ground anchorage.
27. Fire lane(s) shall be identified on the plan.
28. Parking, displays, seating or other obstacles that interfere with emergency vehicles and
personnel shall not be permitted in fire lanes.
29. 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.
30. All Fire Department devices (fire hydrants, fire department connections, water valves,
etc.) shall have a 3-foot clearance in all directions.
31. Fire Department devices shall not be covered, blocked or otherwise hidden from plain
view.
32. 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.
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Attachment No. ZA 4
Project Plans
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November 15, 2023
1
Helmsman Ale House Limited Term Permit and CDP for Pandemic Temporary Patio
Helmsman Ale House 2920 Newport Boulevard Zoning District: Visitor Serving Commercial (CV) Coastal Zoning District: Visitor Serving Commercial (CV)
Project Description/Requested Approvals Helmsman Ale House is seeking approval of a Limited Term Permit and Coastal Development Permit to allow the temporary retention of the existing 1,000 square foot
temporary outdoor dining area for an initial period of one year under Newport Beach
Municipal Code (NBMC) Section 20.52.040, Chapters 21.50 and 21.52 and, AB 1217. This area is directly adjacent to the restaurant building and located in the restaurant parking lot. Proposed closing hour is 9 p.m. on Monday through Thursday, and 10 p.m. on Friday through Sunday. No live entertainment or dancing is proposed for the temporary
outdoor dining patio. Helmsman Ale House is a full-service restaurant and brewery that has been operating at this location since summer of 2019 and operates pursuant to Use Permit 3485 (Amended). Helmsman Ale House holds a Type 47 (Brewpub-Restaurant) Alcoholic
Beverage Control license that covers the permanent establishment and temporary outdoor dining patio. Parking is provided at the adjacent parking lot and pursuant to use permit requirements. A 5,500 square foot temporary outdoor patio was originally approved by the zoning
administrator authorized through Emergency Temporary Use Permit No. UP2020-143 and Emergency Coastal Development Permit No. CD2020-128 (PA2020-246). The larger 5,500 square foot temporary patio was replaced by the existing 1,000 square foot temporary patio which was approved by through Limited Term Permit No. XP2021-
026 and Coastal Development Permit No. CD2021-050 by the zoning administrator in
January 2022 (ZA Resolution No ZA2022-006). Subsequently, the zoning administrator approved a 12-month extension on December 23, 2022, allowing the temporary patio to remain in place until January 2023.
Both NBMC Section 20.52.040 (Limited Term Permits) and the recently signed law AB
1217 allow for the extension of business pandemic relief related to temporary outdoor dining areas until July 1, 2026. The approval of this application is requested in accordance with both NBMC and AB 1217 standards and requirements.
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. Currently the
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City has filed an application to amend the restaurant parking requirements in the coastal zone. If ultimately approved, by the Coastal Commission, Helmsman Ale House will have a clear understanding of the parking requirements when considering the economic feasibility of a permanent outdoor dining area design at this location through a potential
amendment to its use permit. Limited Term Permit Findings and Justification for Approval In accordance with NBMC Section 20.52.040(G) (Limited Term Permits), the following
findings and facts in support of such findings are set forth:
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;
• The existing temporary expanded outdoor dining area has not posed a hazard
to the general welfare of persons residing in the area since it was originally
placed during the COVID-19 pandemic. Continued compliance with the limited term permit conditions of approval will help ensure continued compatibility.
• Outdoor dining areas are common within the Balboa Peninsula area, have been
used at the subject property during similar hours in the past, and the use has not proven to be detrimental. The allowed hours of operation for the interior of the restaurant are limited from 6 a.m. to 11 p.m., Sunday through Thursday and from 6 a.m. to 1 a.m., Friday and Saturday. The proposed temporary outdoor
dining area would continue to close by 9 p.m., Monday through Thursday, and
by 10 p.m., Friday through Sunday.
• Helmsman Ale House will continue to follow all applicable State of California
and Orange County Health Care Agency guidelines for safe restaurant and
food storage, preparation and handling operations.
• Helmsman Ale House will continue to operate pursuant to applicable State
Department of Alcoholic Beverage Control (ABC) licensing requirements.
• Required parking will continue to the provided at the adjacent parking lot and pursuant to the requirements of Use Permit No. UP3485 (Amended).
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;
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November 15, 2023
3
• The restaurant is located on a development consisting of two legal lots, one developed with the restaurant/office building and the other is a surface parking lot with a combined area of approximately 0.5 acre.
• The project site is located on the northeast corner of Newport Boulevard and 30th Street on property zoned Visitor Serving Commercial (CV) which allows restaurant uses with alcoholic beverage service subject to the approval of a
conditional use permit. Helmsman Ale House has been operating since 2019
and operate pursuant to the conditions of approval of Use Permit No. UP3485. The previous tenant, Newport Brewing Company, began operating in 1995 and closed in November 2018.
• Surrounding development and zoning districts are commercial and mixed use. The closest residentially zoned properties are located to the west beyond Newport Boulevard and The Landing Shopping Center. Helmsman Ale House and the temporary outdoor dining patio are consistent with the existing pattern
of development along Newport Boulevard and Cannery Village.
• The temporary outdoor dining area is located entirely on the restaurant property. A temporary outdoor dining area has been operating since the initial
approval of the Emergency Temporary Use Permit and Emergency Coastal
Development Permit in 2020 and the has proven compatible with the surrounding land uses.
• Proposed closing hour of 9 p.m. Monday through Thursday, and 10 p.m. on
Friday through Sunday will ensure continued compatibility with the surrounding land uses. 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;
• The Helmsman Ale House parking lot has direct driveway approaches taken
from 30th Street and the alley. The temporary outdoor patio is located within
this private parking lot abutting the restaurant and does not interfere or impede access. No traffic issues have occurred since the placement of the existing temporary outdoor dining patio.
• Patrons and employees arrive by various means of private vehicles, rideshare, walking, bicycling and public transport. Existing streets and highways have proven adequate to accommodate the permanent restaurant and temporary outdoor dining area.
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4
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
• The subject property has been occupied by a restaurant for over 25 years. The existing parking lot has proven adequate for both the permanent use and for the temporary use. There have been no parking related issues identified since a temporary outdoor patio was added in 2020.
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.
• The General Plan land use category for this site is CV (Visitor Serving
Commercial) and the property is located in the Balboa Peninsula Sub-Area. The CV land use category is intended to allow for restaurants, retail shops, service uses and accommodations intended to primarily serve visitors to the City of Newport Beach. Helmsman Ale House and the temporary outdoor patio
is consistent with the CV land use designation and with the goals and polices
of the Balboa Peninsula sub-area. The Helmsman Ale House has quickly become a favorite of with not only visitors but also year-round and part-time Newport Beach residents.
• The property is located in the CV (Visitor Serving Commercial) District. The CV Zoning District is intended to provide for visitor serving uses and allows a range of uses including restaurants with outdoor dining patios, retail shops, service uses and accommodations. Helmsman Ale House is consistent with the CV
zoning district and operates pursuant to UP3485. The temporary outdoor dining
patio is also consistent with this zoning district and outdoor dining patios are common on the Balboa Peninsula and is located on a lot suitable for this use. The expanded outdoor dining use is accessory to the existing restaurant, will be utilized for a limited duration on-site and will be in furtherance of the intention for this zoning district.
• The temporary outdoor patio will continue to compliment the other commercial uses permitted within the CV Zoning District and continue to provide dining options to coastal visitors, residents and others working in the area. This is
consistent with General Plan Land Use polices related to economic
development of the area. Furthermore, 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. As stated in previous Zoning Administrator Staff Report approving the existing temporary patio, the City continues to move forward with obtaining approval of l parking requirement
amendments at the Coastal Commission which include changes to parking rates for food service and outdoor dining uses. If ultimately approved, Helmsman Ale House ownership will have a clear understanding of the parking
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November 15, 2023
5
requirements when considering the economic feasibility of a permanent outdoor dining area design at this location.
Coastal Development Permit Findings and Justification for Approval
In accordance with Section 21.52.015(F) (Coastal Development Permits, Findings and Decision) of the NBMC, the following findings and facts in support of such findings are set forth:
F. Conforms to all applicable sections of the certified Local Coastal Program.
• The project site is not located adjacent to a coastal view road or public access
to the coast. The temporary outdoor dining patio area complies with all
applicable Local Coastal Program (LCP) development standards and the on-site development is consistent with the existing pattern of development along Newport Boulevard and Cannery Village. The development includes typical features associated with a full-service restaurant and does not include features
that could degrade the visual quality of the coast.
• Proposed development authorized is not located in any environmentally sensitive habitat area (ESHA) and public access to the coast will not be
blocked. The proposed operation does not contain ESHA, wetlands, or sandy
beach area. G. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea
or shoreline of any body of water located within the coastal zone.
• The property is not located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. There will be no
change or impact to public coastal access with the approval of this coastal
development permit.
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90
Attachment No. ZA 5
Police Report and Statistics
91
NEWPORT BEACH POLICE DEPARTMENT
DETECTIVE DIVISION
MEMORANDUM
TO: Kelly Ribuffo, Planner
FROM: Wendy Joe, Police Civilian Investigator
DATE: November 19, 2024
SUBJECT: Helmsman Outdoor Dining Patio
2920 Newport Boulevard
PA2023-0227
At your request, the Police Department has reviewed the project application for the Helmsman
located at 2920 Newport Boulevard, Newport Beach. The applicant is seeking to extend their
temporary patio use.
Statistical Data and Public Convenience or Necessity
Attached is a summary report which provides detailed statistical information related to alcohol
establishments in and around the applicant’s place of business at 2920 Newport Blvd.
Business and Professions Code §23958.4 finds “undue concentration” for an applicant premises
in two ways: 20% higher crime (with an alcohol nexus) in a Reporting District as compared to
the City-wide average, or an over-saturation of alcohol licenses in a census tract compared to
the county.
Crime Statistics in and around Reporting District 15:
The Police Department divides the City into areas referred to as Reporting Districts. This allows
the Police Department to compile statistical data, as well as better communicate officer locations
while policing. The proposed applicant location is within Reporting District (RD) 15 which
stretches from 20th Street to 37th Street along the Newport Beach Peninsula.
Per Business and Professions Code §23958.4, the Police Department is required to report
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) to the Department of Alcoholic Beverage Control (ABC).
These figures make up the “Crime Count” which is indicated on the attached statistical data form.
RD 15 is our highest crime area in Newport Beach with significant quality-of-life concerns for the
residents, as well as the Police Department. The Reporting District’s ABC Crime Count is 560,
375% over the City-wide Crime Count average of 118. Since this area has a 20% greater number
of reported crimes than the average number of reported crimes as determined from all crime
Reporting Districts within the City, the area is found to have undue concentration. In comparison,
neighboring RD 13 (9th Street to the Newport Pier) is 54% over the City-wide average, RD 14
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Helmsman
PA2023-0227
2
(Lido Isle) is 87% below, and RD 25 (Newport Blvd. to Irvine Blvd. North of Coast Hwy.) is 14%
above the City-wide average.
The highest volume crime in this area is theft. The highest volume arrest in the area is Disorderly
Conduct. In this Reporting District, 42% of all arrests are directly attributed to alcohol use: Public
Intoxication, DUI, or liquor law violations. In comparison, that figure is 18% in RD 13 and 48% in
RD 25. There were none in RD 14.
This location meets the legal criteria for undue concentration pertaining to crime (B&P §23958.4)
with a clear nexus to alcohol.
Alcohol License Statistics in and around Census Tract 0635.00:
The applicant premise is located within census tract 0635.00. This census tract has an
approximate population of 4,938 residents with 65 active on-sale alcohol licenses. That is a per-
capita ratio of 1 license for every 76 residents. Per the Business and Professions code, we must
compare this per-capita ratio to Orange County’s on-sale per-capita ratio of 1 license for every
822 residents. Since the area’s ratio exceeds the ratio of retail licenses to population in the
county, the area is deemed to have an undue concentration of alcohol licenses.
This location meets the legal criteria for undue concentration pertaining to on-sale alcohol
licenses (B&P §23958.4).
Calls for Service at 2920 Newport Blvd.:
In 2022 there were 53 calls for service
In 2023 there were 44 calls for service
In 2024 there have been 28 calls for service
Breakdown of 2024 Calls:
7 disturbance calls are from or involve the same neighbor
9 calls were traffic related that did not involve the Helmsman
1 grand theft report
1 complaint of over crowding/over occupancy which was unfounded
1 call to “keep the peace” when security confiscated a fake ID
1 medical aid
1 attempt to locate a missing person
1 disturbance call regarding a possible altercation
6 calls that are misc., officer generated, blank, or unrelated to the business
Discussion and Recommendations
RD 15 is a high crime area which is over saturated with alcohol licenses. The harmony of
businesses and residents is critical, therefore each application is carefully and individually
evaluated. When the applicant submitted their original application for the patio extension, the
Police Department intended to recommended denial and shared concerns with the applicant
regarding underage patrons, over-crowding, and over-service. Over the course of the last year,
the applicant has worked to improve security practices, door management, and over-service.
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Helmsman
PA2023-0227
3
The applicant shared their security plan with PD, reformed security staff, and provided alcohol
education to staff. Their calls for service have improved as well as their burden on police
resources. The Police Department remains cautiously optimistic that the applicant will continue
to improve business practices. The PD is no longer opposed to this patio extension application,
but we recommend the project be reevaluated before any permanent patio is constructed.
The establishment was cited by the California Department of Alcoholic Beverage Control (ABC)
for sales to a minor on December 30, 2022. They paid a fine to resolve the citation. ABC has not
received any complaints since.
If this patio extension is approved, the Police Department suggests no exterior amplified music
or loudspeaker of any kind be used on the patio. Given the proximity to homes in the
neighborhood, we recommend the outdoor patio be closed by 9:00 p.m. weekdays and 10:00
p.m. weekends. Proper signs indicating, “No Alcohol Beyond this Point” should be displayed at
all patio exits.
RECOMMENDED CONDITIONS OF APPROVAL
Should this application be approved, the Police Department requests the following or similar
conditions be imposed.
1.The hours of operation of the establishment shall not be extended. The hours of operation
of the expanded area as part of this approval shall not extend beyond 9 p.m. on Monday
through Thursday, and 10 p.m. on Friday through Sunday.
2.The applicant shall install and maintain a physical barrier between any area used and
adjacent to common pedestrian walkways in accordance with the requirements of the
California Department of Alcoholic Beverage Control.
3.The sale of alcohol “to go” to patrons that dine within the expanded outdoor patios shall
be prohibited.
4.No games or contests requiring or involving the consumption of alcoholic beverages shall
be allowed.
5.There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the
exterior shall constitute a violation of this condition.
6.The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, food service
operations, and mechanical equipment. All noise generated by the proposed use shall
comply with the provisions of NBMC Chapter 10.26 (Community Noise Control) and other
applicable noise control requirements of the NBMC. Pre-recorded music may be played in
the tenant space, provided exterior noise levels outlined below are not exceeded. The
noise generated by the proposed use shall comply with the provisions of NBMC Chapter
10.26.
7.No outdoor sound system, loudspeakers, or paging system shall be permitted.
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Helmsman
PA2023-0227
4
8. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
9. There shall be no live entertainment or dancing allowed on the patio.
10. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the licensee.
11. A Special Events Permit is required for any event or promotional activity outside the normal
operational characteristics of the approved use, as conditioned, or that would attract large
crowds, involve the sale of alcoholic beverages, include any form of on-site media
broadcast, or any other activities as specified in the Newport Beach Municipal Code to
require such permits.
12. Strict adherence to maximum occupancy limits is required.
If you have any questions as to the content of this memorandum, please contact Investigator
Wendy Joe at (949)644-3705 or wjoe@nbpd.org.
Wendy Joe
Police Civilian Investigator, Special Investigations Unit
95
CITATIONS
GROUP A
OFFENSES
GROUP B
OFFENSES
CRIME
RATE
HIGHEST
VOLUME
ALL
ARRESTS
DUI
ALCOHOL
PUBLIC
INTOXICATION LIQUOR LAW HIGHEST
VOLUME
ALCOHOL
RELATED
2920 Newport Blvd.44 0 1 N/A N/A 1 0 0 0 N/A 0
Subject RD:
RD15 8,367 550 275 19,699.14 THEFT/LARCENY 402 71 92 6 DISORDERLY
CONDUCT 30
Adjacent RD:
RD13 4,491 250 75 15,160.70 THEFT/LARCENY 127 8 13 2 NARCOTICS 3
Adjacent RD:
RD14 1,064 13 5 549.45 THEFT/LARCENY 3 0 0 0 NARCOTICS 0
Adjacent RD:
RD25 3,331 172 58 6,123.18 THEFT/LARCENY 86 30 11 0 DUI 2
Newport Beach 101,946 5,102 1,439 5,885.07 THEFT/LARCENY 2,565 372 268 30 MISC OFFENSES 67
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 Newport Blvd.N/A 1 N/A 0 N/A 1 N/A 2920 Newport
Blvd.N/A N/A N/A
Subject Census
Tract: 635 4,938 65 76 6 823 71 70 Subject RD:
RD15 560 +442 +375%
Adjacent Census
Tract: 628 3,806 26 146 5 761 31 123 Adjacent RD:
RD13 182 +64 +54%
Adjacent Census
Tract: 629 1,716 26 66 5 343 31 55 Adjacent RD:
RD14 15 -103 -87%
Adjacent Census
Tract: 634 4,776 17 281 0 0 17 281 Adjacent RD:
RD25 134 +16 +14%
Newport Beach 86,694 279 311 66 1,314 345 251 Newport
Beach 3,989
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 Helmsman at 2920 Newport Blvd. (RD15)
Subject:
DISPATCH
EVENTS
ACTIVE RETAIL ABC LICENSES
ARRESTS
This report reflects City of Newport Beach data for 2023. 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
2023 CRIME AND ALCOHOL-RELATED STATISTICS
as of 07/18/2023
96
From: Paula Fainbarg <paula.fainbarg@gmail.com>
Date: January 14, 2025 at 9:52:48 PM PSTTo: Nick Fainbarg <nfainbarg@gmail.com>
Subject: Regarding the Helmsman Ale House Permit extension request
To City of Newport Beach
Board and Benjamin M. Zdeba, AICP, Zoning Administrator
Regarding Helmsman Ale House Limited Term Permit and Coastal DevelopmentPermit (PA2023-0227) Site Location: 2920 Newport Boulevard, Suite D proposed6 month extension of outdoor dining area in parking lot
To whom it may concern:
I’m Paula Fainbarg, owner of a home at 405 30th St.
We have had several issues with regard to noise, people spilling into thestreet in groups leaving bottles and other trash in our planters, using ourplanter as their bathroom pounding on the gate late at night and justbehaving in a manor not befitting in public.
We really didn’t have anything to complain about when it was NewportBrewery they kept a reign on the property and parking lot.
In the last few years since the outdoor dining area has taken hold it is farmore uncomfortable to even go outside for a walk in the evening.
I have had tenant complaints and clean up I have not had in the past. I hopeyou will give note to police reports and some consideration to the communitythat lives and works in this area.
This has been difficult because I want to be a good neighbor they simplydon’t respect the community and the annex they are requesting impacts theproperty and the people who come here as tourists as well.
Thank you for your consideration.
Sincerely,
Paula Fainbarg
Zoning Administrator - January 16, 2025 Item No. 3a - Additional Materials Received Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023-0227)
From:Mari Janowsky
To:Kelly Ribuffo
Subject:Regarding Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023-0227)
Date:Wednesday, January 15, 2025 8:00:09 AM
Hello! Please share this with those involved in making the decision re extending the outdoor permit for Helmsman
Ale House. Looking forward to hearing back from you. Thanks!
To City of Newport Beach
Board and Benjamin M. Zdeba, AICP, Zoning Administrator
Regarding Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023-0227) Site
Location: 2920 Newport Boulevard, Suite D proposed 6 month extension of outdoor dining area in parking lot
Hello!
I’m Mari Janowsky and live at 409 30th St. directly across 30th St. from The Helmsman Ale parking lot. My
household received this notice in the mail Saturday, January 11, 2024 but did not see it until Monday January 13th
around 4pm.
Regarding The Helmsman’s continued use of the parking lot for additional capacity, seating, entertainment, games
and service:
It is my understanding that the original permit for outdoor seating in the parking lot was granted to reduce
transmission of COVID-19 during the height of the pandemic. As a physician with a background in public health, I
support its original intention. However, as times have changed, the risks of transmission of COVID-19 while eating
indoors is much lower given reduced incidence of the disease and widespread availability of the vaccine. The
outdoor seating has come with increased noise disturbances, harassment and littering of our beautiful streets with
trash, urine and vomit. Given this, I oppose the extension of outdoor seating as it is no longer necessary from a
public health standpoint and instead introduces more risk and disturbances to our neighborhood.
Thanks for your consideration,
Mari Janowsky, MD, MPH
409 30th St
Newport Beach, CA
92663
Sent from my iPhone
Zoning Administrator - January 16, 2025 Item No. 3a - Additional Materials Received Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023-0227)
From:Nick Fainbarg
To:Kelly Ribuffo
Cc:Fainbarg Mom Dad
Subject:Re: Newport Beach Zoning Administrator Hearing - January 16, 2025
Date:Wednesday, January 15, 2025 2:39:23 AM
Hi Kelly, I’ve been pressed for time and made more time here in the late hours to refine myincluded statement. Please strike my previous messages and allow me to re-submit this
condensed message. Also, please let me know if you don’t receive my mother’s email, and I’llhelp by forwarding it to you again if that’s acceptable. Thank you, -Nick
***
To City of Newport Beach
Board and Benjamin M. Zdeba, AICP, Zoning Administrator
Regarding Helmsman Ale House Limited Term Permit and Coastal Development Permit
(PA2023-0227) Site Location: 2920 Newport Boulevard, Suite D proposed 6 month extensionof outdoor dining area in parking lot
Dear Folks,
I’m Nicholas Fainbarg and live at 409 30th St. directly across 30th St. from The Helmsman
Ale parking lot. I received this notice in the mail Saturday, January 11, 2024 but did not see ituntil Monday January 13th around 4pm.
Regarding The Helmsman’s continued use of the parking lot for additional capacity, seating,
entertainment, games and alcohol service:
The building 2920 Newport Boulevard has been used for normal operations over 25 yearswithout distressing the neighborhood. The parking lot is also shared with office space above.
The prior store owner Mario was allowed to use the parking lot for service during a national
emergency, Covid. We all remember what early 2020 was like and how we all madeexceptions to our lifestyles and business practices for the greater good of our communities.
The owner at the time who filed for this permit, Mario, is a well respected business operator inthe area. When the parking lot was being used as intended under the emergency grace of the
city, Mario and his team ran a tight ship. Indoor dining wasn’t permitted, thus outdoor diningwas authorized temporarily. Mario kept employees employed by the grace of the city’s
allowance.
We all transitioned to back to indoor dining, and traditional established patios were more thansufficient for local businesses.
Enter Donald Lucky Callender who purchased the business and licenses from Mario. The
epidemic is over and we have all transitioned back to indoor dining - The Helmsman structurehas an established patio facing Newport Blvd which is part of the structure with installations
to contain their patrons and noise. The temporary permit to use the parking lot expiredDecember 31st 2023. The business has bullied its way into keeping the temporary use permit
well beyond the scope it was intended.
Zoning Administrator - January 16, 2025 Item No. 3a - Additional Materials Received Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023-0227)
I submit it is my opinion the operator is abusing the intention of the permit behind the scope itwas intended.
I’ve been personally harassed, threatened and assaulted. Without getting into details, please
consider the possibility that the police record is simply the tip of the iceberg so to speak. I fearI will face repercussions and live under fear of threat and harassment by the new owner of this
business, management and staff for making any complaints.
The fact is there has been a lot of problems that didn’t exist before this shift in ownership.
I wish them success, but I’m sick of walking on eggshells, I’m tolerating in fear of additionalretaliation, cleaning up trash, the physical fights, hearing all the screaming, outdoor cheering,
and cleaning the urine and vomit on a regular basis that their establishment brings to the area.
I’m informed the police department has been working with the business on improving theiroperations and that the ABC has encouraged them to stop over serving customers and
underage teens.
Why would the city allow the business even more grace, allow more service of booze foranother longer period of time to a higher capacity of patrons when it would be much more
controllable inside the walls of the establishment when they’re already having a documenteddifficult time following the rules and getting along with neighbors.
The parking lot is surrounded by residential.
Please allow them an opportunity to improve and prove their business
practice before extending an already extended extension for additional capacity under a specialallowance that was made for the sake of an epidemic to an established business operator in the
area who Donald Lucky Callender is not, when the original purpose of the permit is no longervalid.
Also, parking and noise is a major issue affecting my quality of life. I’m confident it bothers
those around me too. I’ve heard a few neighbors have already moved away finding itintolerable. Again, I’m in fear of repercussions writing this statement of opposition. It’s very
clear that if I complain / oppose, I will be targeted further instead of heard and I ask that youkeep my share private.
Please encourage the leadership of the Helmsman to improve their business practices and
improve their behavior for at least 24 months before allowing them additional capacity in analready oversaturated premises.
All I ask is that the business operation returns to within their 4 walls, and is no longer
permitted to “party” in the parking lot. Please consider the purpose of the permit, and thereality of this situation for those who live real lives in their homes in the area that was once a
peaceful place.
Please don’t continue to allow them to continue manipulating the system.
Most sincerely,
Nick Fainbarg409 30th St. Newport Beach, CA 92663
Zoning Administrator - January 16, 2025 Item No. 3a - Additional Materials Received Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023-0227)
From: Michael Rutledge <mjr@fitlab.com>
Sent: Thursday, January 16, 2025 8:16:29 AM
To: Kelly Ribuffo <KRibuffo@sagecrestplanning.com>
Subject: Helmsman Ale House - Support for Patio Extension
Hi Kelly,
I am writing on behalf of FitLab Inc., tenants of 401 and 403 30th St, Newport Beach, CA
92663. We fully support the temporary and future permanent patio extension for
Helmsman Ale House.
This initiative aligns with enhancing the community atmosphere and providing additional
outdoor seating options, which we believe will benefit the neighborhood.
Please do not hesitate to reach out if further support or clarification is needed.
Sincerely,
Michael Rutledge
FitLab Inc.
—
Michael Rutledge | FitLab, Inc.
e: MJR@fitlab.com | w: www.FitLab.com | LinkedIn: MJR
Zoning Administrator - January 16, 2025 Item No. 3b - Additional Materials Received After Deadline Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023-0227)
From: Mike Melby <mike@sunday.vc>
Sent: Thursday, January 16, 2025 8:19:38 AM
To: Kelly Ribuffo <KRibuffo@sagecrestplanning.com>
Subject: Helmsman Patio
Dear Kelly:
My name is Mike Melby. I am the owner & manager of Cannery Village Properties I, LLC,
which owns 3000 Newport Blvd., Newport Beach, CA 92663.
I support the temporary and future permanent patio extension for Helmsman Ale House. I
also believe that the owners of Helmsman are culturally accretive citizens and are
upholding what Cannery Village is supposed to be.
Please feel free to contact me with any questions.
Best,
Mike
Zoning Administrator - January 16, 2025 Item No. 3b - Additional Materials Received After Deadline Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023-0227)
Also, I’d like to submit video of a typical Wednesday while they’re using the parking lot for
booze service vs. the peace and quiet we’re enjoying today while they’re not.
From: Nick Fainbarg <nfainbarg@gmail.com>
Sent: Wednesday, January 15, 2025 7:02:29 PM
To: Kelly Ribuffo <KRibuffo@sagecrestplanning.com>
Subject: Re: Newport Beach Zoning Administrator Hearing - January 16, 2025
Kelly, did you mention there’s a condition they’re not to advertise “Beer” for example?
Here’s a photo from today.
Zoning Administrator - January 16, 2025 Item No. 3b - Additional Materials Received After Deadline Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023-0227)
Are you able to share these videos?
Nick
Sent from my iPhone
On Jan 13, 2025, at 4:06 PM, Kelly Ribuffo
<KRibuffo@sagecrestplanning.com> wrote:
Good afternoon Nick,
Earlier last year you reached out to staff regarding Planning Application PA2023-
0227, a request for a limited term permit for an outdoor dining area for Helmsman
Ale House. Based on your previous email communications you are located within
the public notice radius for the project. However, I wanted to make sure that you
were aware that the Zoning Administrator agenda for the January 16, 2025 meeting
is now available online at: https://www.newportbeachca.gov/government/data-
hub/agendas-minutes/zoning-administrator
The agenda includes instruction on how to submit a public comment or attend the
remote meeting to participate in the hearing.
If you have any questions ahead of the meeting, please do not hesitate to reach out.
Regards,
Kelly Ribuffo
Senior Project Manager
<image001.png>
27128 Paseo Espada, Suite #1524
San Juan Capistrano, CA 92675
Office: 949.996.SAGE (7243)
Mobile: 352.262.6323
www.sagecrestplanning.com
Zoning Administrator - January 16, 2025 Item No. 3b - Additional Materials Received After Deadline Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023-0227)
From: Carter Yonkers <carter@41-north.com>
Sent: Thursday, January 16, 2025 9:12 AM
To: Kelly Ribuffo <KRibuffo@sagecrestplanning.com>
Subject: Support for Helmsman Ale House Patio Extension
Good Morning,
I’m writing to express my full support for Helmsman Ale House’s proposal to extend their
outdoor patio area. As a resident of the Balboa Peninsula for the past 25 years, I’ve seen
firsthand how well they run their establishment. In a busy and often challenging area,
Helmsman has consistently operated as a responsible and community-focused business.
Their commitment to creating a welcoming space for both locals and visitors has added so
much to the neighborhood. Expanding their outdoor patio would only enhance that
experience and contribute positively to the energy and appeal of our community. I strongly
encourage the city to approve Helmsman’s request for this extension. Thank you for your
time and consideration.
Regards,
Carter
Carter Henry Yonkers
41 North LLC TM
Mergers & Acquisitions / Corporate Finance
160 Newport Center Drive Suite 220
Newport Beach California 92660
O: 949.642.1141 I M: 949.338.4215
www.41-North.com
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Zoning Administrator - January 16, 2025 Item No. 3b - Additional Materials Received After Deadline Helmsman Ale House Limited Term Permit and Coastal Development Permit (PA2023-0227)