HomeMy WebLinkAbout22 - Request to Waive Policy L-21 to Accommodate a Sidewalk Cafe (Outdoor Dining) within the Public Right-of-Way along Marine Avenue on Balboa Island Adjacent to the Village Inn - CorrespondenceReceived After Agenda Printed
November 22, 2016
Item No. 22
To Mayor Diane Dixon, Mayor Pro Tern Kevin Muldoon, and Newport Beach City
Council Members Keith Curry, Duffy Duffield, Scott Peotter, Tony Petros, and
Ed Selicb
Re: City Council Meeting, November 22, 2016 Agenda Item No.
The undersigned residents of the 100 block of Marine Avenue and other Balboa
Island request that the City Council
1L.) rescind the Planning Commission's recent decision to approve CU2016-12
to establish an outdoor dining area associated with the Village Inn located at
127 Maine Ave
2) deny the Village Inn's request to encroach into the public -right -of -way
along the Marine Avenue side of the Village Inn building at 127 Marine
Avenue for the purpose of establishing a 200 square foot area of outdoor
dining as per Council Policy L-21.
3.) deny the Village Inn's request to encroach into the public- right- of - way
by remodeling the exterior facade along the Marine Avenue side of the
building and installing bi-folding doors which open into the public- right- of -
way that faces Marine Avenue,
The proposed site is inappropriate for outdoor dining in accordance with Council
Policy L-21 for two reasons:
1.)Marine Avenue is the major thoroughfare of Balboa Island for pedestrians
to move from PCH or Bayside Dr. to the Newport Bay and the boardwalk
around Balboa Island. The added activity at the proposed site would create a
"choke point.".
2.) The 100 block of Marine Avenue is residential, and the commercial aspect
of the proposed outdoor dining will be only 40 feet away from the nearest
residential property and less than 75ft from two of the other closest
residential properties.
Finding: A. The use is consistent with the General Plan and any applicable specific
plan.
Fact in Support of the Finding:
1 The Subject Property is designated by the General Plan as Mixed Use Water
Related _The proposed project is consistent with the MU -W2 land use
category which is intended to provide for marine related uses including
retail, restaurants, and visitor -serving uses with residential on the upper
floors because the project consists of an existing restaurant and residential
use.
Inaccuracy: Chapter 20.22
20.22.010 Purposes of Mixed- Use Zoning Districts
Paragraph F. MU -W2 ( Mixed- Use Water) Zoning District. This district
applies to waterfront properties in which marine related uses (boat yards)
may be intermixed with general commnercial, visitor serving commercial
and residential dwelling units on the upper floors. ( Ord. 2010-21 ( Exh A)
(part)), 2010
By virtue of the foregoing definition of the MU -W2, The Village Inn cannot be
designated as MU-WZ because it is not a waterfront property. Therefore, it is
not consistent with the General Plan.
Finding:
B. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zonin Code and the Municipal Code.
Facts in Support of the Finding_
1.The subject property is located in the Mixed Use Water Related Zoning
district. Eating and drinking establishments are permitted within this
district subject to the approval of a use permit P8
Inaccuracy: The subject property is located at the north end of the 100
block of Marine Avenue, which except for the Village Inn and the Fire
Station across the street from the Village Inn is 100% residential.
See Figure LU4 in the Ctiy General plan Stastistical Data Maps and
Coastal Land Use Plan Figure 2.1.5-1 Balboa Island Commercial. Both.
maps show clearly that the 100 block of Marine Avenue is residential.
not Mixed. Use AND not commercial. ( Maps Attachment 1)
1. The outdoor dining area is proposed to be approximately 200 square feet
in size which does not require parking under Table 3-10on NBMC
Chapter 20.40.040 (Off street parking spaces required)
Note: The bikes will be relocated and patrons who are waiting to dine
outside will be milling around and causing a choke point at Park and
Marine Avenues which is the main thoroughfare on Balboa Island.
Finding.
C. The design, location size and operating characteristics are compatible
with the allowed uses in the vicinity.
Facts in Support of Finding;
1. The proposed outdoor dining area is located along Marine an active
mixed use commercial use area with high pedestrian use.
Inaccurate: The proposed outdoor dining area is located within 40ft
of a residential property at 121 Marine Avenue, and the 100 block of
Marine Ave is residential.
2. Out door dining areas are encouraged in mixed use areas as they
contribute to the vibrancy of the area.
As Marine Ave is the main thoroughfare of the Balboa Island, it is
already very vibrant.
2. The subject dining area is limited to 200 square feet and extends four
(4) feet from the building edge. The sidewalk is maintained at six (6) feet
which is adequate to accommodate pedestrian passage.
The width of the sidewalks in the 2010 and 300 blocks of Marine Avenue
(the true commercial area of Marine Ave) are ten 10 feet wide, and that
sidewalk width barely accommodates the pedestrian traffic that moves
along Marine Avenue particularly on the weekends and / or holidays.
We residents of the 100 block of Marine Avenue request that the
members of the City Council would conduct a valid and objective site
development review of the appropriateness of sidewalk dining allowed
on Marine Avenue by visiting the site before a decision is made regarding
the requested encroachment.
2. As conditioned, the outdoor dining area and glass doors will close at 9:00
pm or 10:00 pm as detailed in Condition of Approval No. 15.
Irrelevant: Outdoor dining has never existed at this site before, and bi-
folding glass doors which open into our residential neighborhood have
never existed. None of the 12 -13 restaurants, coffee shops or frozen
banana / Dad's Donuts establishments open onto a residential district,
and with the exception of Dad's Donuts, none operate from 7:00 am -
9:00 pm or 10:00 pm as the applicant requests.
3. As conditioned, the proposed glass doors are double paned ( or similar
material) to provide improved noise attenuation, as compared to the
existing exterior wall and windows.
Irrelevant: "The Establishment of the outdoor dining area constitutes a
major change to operations"(pC Oct 20t'' Staff Report) " The restaurant
operates 7:0 Dam- 12:00 midnight daily. The outdoor dining area will be
open beginning at 7:00am and closing when live entertainment starts...
requiring the doors leading from the restaurant to the outdoor patio to be
closed prior to live entertainment commencing" (P7 Oct 20thStaff Report)
Therefore, it is irrelevant that the glass doors are sound rated and
provide noise attenuation because as quoted from the October 20th staff
report, those glass doors are slated to be open 14 - 15 hours a day. The
noise associated with this proposed outdoor dining is new noise; it has
never been measured because it has never existed so there can be no
noise attenuation. In addition, the new noise of the clattering of plates
and silverware and the drone of conversation from the outdoor dining
will be mingled with the noise from three or four TV's and more
clattering of plates and silverware and the drone of conversation from
inside the restaurant.
Furthermore, in a Memo Brom the Newport Beach Police
Department from Wendy Joe, Police Civilian Investigator dated
April 26,2016, " The police department anticipates the addition of
the outdoor patio will exacerbate any existing noise concerns ......
Given the close proximity to homes in the neighborhood." These
recommendations have been duplicated from the Police
Department's previous memo dated, November 4, 2015. ( p 92 Oct
2011, Staff Report). The report further cites that this location meet the
legal criteria for undue concentration of 1 license for every 197 residents
and is over saturated. (Attachment 2 Noise)
We residents reiterate that this proposed outdoor dining will be only 40ft
away from the nearest residential residence and 75ft. away from two other
residential residences. Alcohol will be served and smoking may be permitted
by the operator of the establishment. Municipal code 11.04.080 prohibits
smoking within 100ft of parks, beaches, and oceanfront board walks.
Shouldn't a residence be afforded the same consideration.
4. The existing bike racks in the front of the property will be relocated
within the public right of way on the 200 and/or 300 Mock of Marine
1. Relocating the bike racks to the 200 and 300 blocks of Marine Avenue
would add congestion not only to the sidewalks in the 200 and 300 blocks
of Marine Avenue, it would also affect the flow and pace of vehicular
traffic if bicycles are leaving the sidewalk to enter the street. It would be
VERY dangerous.
11. Before a decision is made regarding the requested encroachment, we
residents of the 104 block of Marine Avenue request that the members of
the City Council would conduct a valid and objective site development
review of the appropriateness of sidewalk dining allowed on Marine
Avenue by visiting the site.
The owner has stated in an earlier staff report dated October 17th that he
was unable to spend the money to cure an encroachment to the property
at 123 Marine, which he also owns, and requested an extension to abate
the encroachment because he needed time to amortize his investment.
Yet, this same owner has hired a public relations consultant, paid for an
acoustical analysis, and is willing to install bi-folding doors to the tune of
$ 200,000.00 -$300,000.00, and $12,000 plus shift the burden of the bike
racks up the street to procure sidewalk dining as per Council Policy L-21.
III. The Village Inn " occupies a two story building at the corner of Marine
Avenue and Park Avenue. The lot is approximately 4,500 square feet in
area"[ P4 Oct 201h staff report). Surely, the owner and applicant
/manager of the Villager Inn could find a place within those 4500 square
Feet to accommodate the changes they wish to make to their business and
leave the bicycles where they are.
D. The site is physically suitable in terms of design, location shape, size,
operating characteristics, and the provision of public and emergency
vehicle (e.g. fire and medical access and public services and utilities).
Facts in Support of Finding:
1. Establishment of the outdoor dining does not impact public and emergency
vehicle access and public services and utilities as the improvements are
limited to a 200 square foot dining area and do not encroach into the public
roadway.
Like the NEW NOISE associated with the outdoor dining, i it is impossible to
measure what impact there would be if the "improvements are limited to a
200 square foot dining area and do not encroach into the public roadway."
However, this assumption does not take into account the fact that there will
be as many as 7 tables and 16 seats within the 200 square feet. In addition,
there will be those people milling around and waiting for a seat outdoors,
Some diners may have their dogs tied to the wrought iron fence outside of
the 200 square feet. There will be a lot of congestion on the 6 ft. wide
sidewalk of Marine Avenue that is a major thoroughfare from PCH to the
Boardwalk and the Bay.
It is questionable whether or not the north end of the dining area is at least
10 feet away from the Marine Avenue crosswalk.
Fin i_
E. Operation of the use at the location proposed 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 proposed.
1. The findings vis a vis our residential neighborhood are BOGUS. The
findings are examples of the Planning Staff s bias toward the
applicant and Public Relation Consultant Speak.
The potential conflicts with the surrounding land uses are minimized to the
greatest extent possible.
11. False. If the potential conflicts were to be truly minimized, the exterior
wall on the Marine Avenue side of the Village Inn would not be refitted with
bi-folding glass doors that would open onto Marine Avenue and be a source
of noise that has never existed before, and that noise will continue for 14
hours a day EVERY DAY OF THE YEAR?
2. An acoustical analysis... Cit/,s s nighttime noise threshold limit of 50dBA
11. Irrelevant It is the new 14 -15 hour a day outside dining noise that is
so disconcerting.. The noise associated with this proposed outdoor
dining is new noise ; it has never been measured because it has never
existed so there can be no noise attenuation. In addition, the new noise of
the clattering of plates and silverware and the drone of conversation from
the outdoor dining will be mingled with the noise from three or four TV's
and more clattering of plates and silverware and the drone of
conversation from inside the restaurant.
In addition, in a Memo from the Newport Beach Police Department from
Wendy Joe, Police Civilian Investigator dated April 26,2015, " The police
Department anticipates the addition of the outdoor patio will exacerbate
any existing noise concerns ...... Given the close proximity to homes in the
neighborhood."
3. Establishment of the outdoor dining area will require that the bike racks be
relocated to the 200 and/or 300 blocks of Marine Ave.
Relocating the bike racks to the 200 and 300 blocks of Marine Avenue would
add congestion not only to the sidewalks in the 200 and 300 blocks of Marine
Avenue, it would also affect the flow and pace of vehicular traffic if bicycles are
leaving the sidewalk to enter the street. It would be VERY dangerous.
Neighboring residents have expressed concerns with the noise created by the
public loitering near the racks during late hours .
False. As first proposed, the bikes were relocated to the property at 123 Marine
Ave. which is only 20ft away from the residential property at 121 Marine Ave. "
The proposed location would be approximately 20ft.from the nearest residence
which is 121 Marine Avenue " (p9 Oct 20t" staff report). The residents reacted to
the bike racks being located 20ft away from a neighbor's front door
Relocation of the racks to a more central location away from residential uses,
should address noise concerns associated with the bike racks.
No the residents' concerns are that the Village Inn is not the Village Inn of eighty
or thirty or even twenty years ago. Since 2002 when the first Conditional Use
permit was granted until today, the neighborhood Village Inn has evolved into a
Sport's Bar by day and a nightclub with up to four musicians playing live music
5-7 nights a week.
The preoccupation with relocating the bike racks is a red herring that obscures the
residents' true concerns that the current business model of the Village Inn is not
appropriate in our residential neighborhood. Outdoor dining at 127 Marine Avenue
will jeopardize our right to the quiet enjoyment of our residential neighborhood.
We believe that outdoor dining at 127 Marine Avenue will have a negative impact on
our residential neighborhood
Respectively Submitted,
Secretary 100 Block of Marine Avenue Coalition
105 Marine Avenue,
Newport Beach, CA 92662
ATTACHMENTS 1
City Of Newport Beach General Plan
Figure LU4 : Statistical Areas
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Figure LU 20: Balboa Village
Figure LU 27: Corona del Mar
Coastal Land Use Plan
West Newport 2.1.3.1
Lido Village, Cannery, Lida Peninsula Mc Fadden 2.1.5-1
15th Street 2.1.5-2
Balboa Village 2.1.5-3
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*California Coastal Commission Approval
PA201 1-196 04109/2013 Change RT to MU -V for property located
(I 1/ 1512013*j at 514 Ocean Front E.
PA2010-052 0911412010 Change PI I A to CV 1.0 for property located
at 600 E. Bay Avenue; Change MU -V to CV 0.5
for properties located at 105 Main Street and
707 E. Ocean Front
PA2009-067 05/2512010 Change PR to RS -D for property located
at 2000-2016 East Balboa Boulevard
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LAND USE POLICY
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CITY of NEWPORT BEACH
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LAND USE POLICY • Retail and Office on Coast Highway
• Possible Acquisition of Adjoining Residential Lots For 'Parking
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CITY of NEWPORT BEACH
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ATTACHMENTS 2
Noise
' NEWPORT BEACH POLICE DEPARTMENT
r DETECTIVE DIVISION
49..
MEMORANDUM
TO-. Brenda Wisneski, Deputy Community Development Director
FROM: Wendy Joe, Police Civilian Investigator
DATE: April 26, 2016
SUBJECT= The Village Inn Outdoor Dining and Land Use Amendments
127 Marine Avenue
Use Permit No. UP2015-005 (PA2015-016)
At your request, the Police Department has reviewed the project application for the Village Inn,
located at 127 Marine Avenue, Balboa Island. Per the project description, the applicant is
applying for an amendment to change the land use designation from residential to mixed-use
for 123 Marine Avenue, which is a residential lot abutting the existing restaurant. The
application also includes an amendment to allow a 240 -square foot outdoor dining area on
Marine Avenue, which would include proposed accordion doors on the Marine Avenue side of
the building,
Should the conditional use permit be amended, an Operator License will be required per the
municipal code. The applicant maintains a Type 47 (On -Sale General - Eating Place) Alcohol
Beverage Control license.
Statistical Crime Data
Attached is a report compiled by Newport Beach Police Department Crime Analyst Caroline
Staub, which provides detailed statistical information related to calls for service in and around
the applicant's current place of business at 127 Marine Avenue -
The Police Department divides the City into areas referred to as Reporting Districts. This
allows the Police Department to create statistical data, as well as better communicate officer
locations while policing. The proposed applicant location is within Reporting District (RD) 42
which encompasses Balboa island. RD 42 is not a high crime area; however, alcohol issues
are a concern in this area.
• In 2015, RD 42 was 36% under the city-wide average of reported crime
• in 2015, 38% of arrests in RD 42 were directly related to alcohol
Miliage Inn
P2015-OOC
Over -Saturation
The applicant premise is located within census tract 0630.06. This census tract has an
approximate population of 2,831 with 14 active ABC licenses. That is a per capita ratio of 1
license fur every 202 residents. Per the Business and Professions code, we compare this per
capita ratio to Grange County's per capita ratio of 1 license for every 505 residents. This
location meets the legal criteria for undue concentration. These same figures are presented
utilizing Reporting District criteria instead of census tract criteria below:
* RD 42 has 11 on -sale ABC licenses
* RD 42 has 3 off -sale ABC licenses
* RD 42 is over the Orange County per capita ratio of 1 to 505
+ RD 42 is over saturated with a total per capita ratio of 1 license for every 197 residents
Comments and Recommendations
Since the Police Department's previous memo dated November 4, 2015 was written, patrol
officers have responded to 6 calls regarding loud music or excessive noise. One neighbor
made 3 calls, another neighbor made 1 call, and the remaining two were made anonymously or
were unrecorded by police dispatch. Listen below are the dates and dispositions of the calls:
• 111612015, 1115 p.m. advised
40 1111512015, 7:42 p.m.. — unfounded
11120/2015, 9:41 p.m_ ---advised
• 12/15/2015, 8:57 p.m. —unfounded
• 12119/2015, 11:01 p.m. — unfounded
• 03/1212016, 6:31 p.m. -- advised
Should the conditional use permit be amended, an Operator License will be required per the
municipal code. A security plan /will be required as an addendum to the License. As part of the
security plan, the Police Department will request the Village Inn install security cameras with a
one-month recording retention.
The Police Department requests City Staff and the Planning Commission evaluate the
following recommendations (these recommendations have been duplicated from the Police
Department's previous memo dated November 4, 2015):
• The Police Department anticipates the addition of the outdoor patio will exacerbate any
existing noise concerns. If this project is approved, the Police Department suggests no
exterior amplified music or loudspeaker of any kind be used on the patio. Given the
close proximity to homes in the neighborhood, we recommend the outdoor patio be
closed by 9:00 p.m. daily. Proper signs indicating, "No Alcohol Beyond this Point" should
be displayed, and a barrier of at least 36" should be constructed around the patio
perimeter. The patio, as well as all windows and doors, should be closed during live
music.
2
Name
Address