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HomeMy WebLinkAbout15 - Appeal of the Approval of the Village Inn Use Permit and Waiver of City Council Policy L-21 located at 127 Marine Avenue (PA2015-016) - CorrespondenceReceived After Agenda Printed January 24, 2017 Item No. 15 From: Kiff, Dave Sent: Sunday, January 22, 2017 4:17 PM To: City Clerk's Office Subject: FW: Village Inn Outdoor Dining Appeal Attachments: Village Inn Outdoor Dining Use Permit Appeal.pdf; ATT00001.txt For the record, Item #15 -----Original Message ----- From: Don Abrams [mailto:donabrams@sbcglobal.net] Sent: Sunday, January 22, 2017 4:13 PM To: Herdman, Jeff; Dixon, Diane; Avery, Brad; Duffield, Duffy; Muldoon, Kevin; Peotter, Scott; O'Neill, William; Kiff, Dave Subject: Village Inn Outdoor Dining Appeal Dear City Council Members: I would appreciate it if you would consider my attached letter when you deliberate on the Village Inn matter this coming Tuesday night. Sincerely, Don Abrams 714.325.9055 Dear Council Persons: I am writing to you to raise an alarm about plans to expand the Village Inn into the public sidewalk off the 100 block of Marine Avenue, and to move the bicycle racks, currently located on that same public sidewalk to the red "no parking" zone in the middle of the 300 block of Marine Avenue. I am directly effected by both of the above actions as my home on the Grand Canal is a few hundred feet away from the Village Inn MY HOUSE AT 200 GRAND CANAL and my office at 315 Marine Avenue is in front of the red zone where the bicycle racks may be moved to. :,,_ YOFFICEAT315 MARINE AVENUE Expanding the Village Inn onto the public sidewalk and opening large doors into the side of the building and allowing outdoor seating there from 7 AM to 10 PM is completely inconsistent with the fact that the 100 block of Marine Avenue is a residential neighborhood. At my home, we hear loud voices every time the Vil- lage Inn doors are opened. How much greater the noise level would be if there were a 50 foot opening fac- ing my home 15 hours a day. And how much greater the noise for those living in closer proximity in the 100 block of Marine. It would be one thing if this area was open for brunch or lunch, but to have it open in the early morning through the evening hours is really unthinkable. As I understand it, the proposed plan is for the bike racks on the side of the Village Inn on the public side- walk would then be moved to the red "no parking" zone in front of my office. This also is neither well thought out nor safe. The reason there is a red zone there is because the 300 block of Marine is very con- gested and keeping cars or obstructions out of the red zone makes the pedestrian crossing there safer. Any- thing placed in that area, like bike corrals, will make it harder for cars to see pedestrians and pedestrians to see cars. This is a bad idea. I support local businesses and particularly the Village Inn. I also have a high regard for Dan Miller, the own- er of the Village Inn and believe he does a good job running it. However, I don't believe this expansion, as planned so far, is in the best interest of the community and I urge you to reject or send this plan back for re- thinking. Thank you. Donald L. Abrams Owner/Broker Abrams Coastal Properties 315 Marine Avenue, Balboa Island CA Residing at 200 Grand Canal, Balboa Island CA Received After Agenda Printed January 24, 2017 Item No. 15 From: Harp, Aaron Sent: Monday, January 23, 2017 9:49 AM To: Brown, Leilani Subject: FW: Village Inn From: Kiff, Dave Sent: Monday, January 23, 2017 9:47 AM To: Torres, Michael; Harp, Aaron Subject: Fwd: Village Inn Sent from my iPad Begin forwarded message: From: "O'Neill, William" <woneill ,newportbeachca.gov> Date: January 23, 2017 at 9:14:45 AM PST To: "Brandt, Kim" <KBrandtknewportbeachca.gov>, "Kiff, Dave" <DKiff knewportb eachca. gov> Subject: FW: Village Inn FYI Will O'Neill City of Newport Beach City Councilmember 100 Civic Center Drive Newport Beach, CA 92660 woneill@newportbeachca.gov From: Mike Sullivan <sullivanphoto@roadrunner.com> Date: Saturday, January 21, 2017 at 3:53 PM To: "Peotter, Scott" <speotter@newportbeachca.gov> Cc: "Avery, Brad" <bavery@newportbeachca.gov>, "Duffield, Duffy" <dduffield@newportbeachca.gov>, "Muldoon, Kevin" <kmuldooh@newportbeachca.gov>, Jeff Herdman <jherdman@newportbeachca.gov>, "O'Neill, William" <woneill@newportbeachca.gov>, Diane Dixon <ddixon@newportbeachca.gov> Subject: Village Inn Hi Scott I hope it's all right with you that I copy everyone, since time is running short. Thank you for putting so much time and work into finding possible areas of compromise here. With different owners, some of these might work. But we have a history here of deliberate belligerence from these owners, and abysmal code enforcement, which has been one of our main complaints. We can't depend on a solution that hinges on us repeatedly complaining to code enforcement and getting ignored again. They're not even available at night or on weekends. Our emails to them have been completely ignored, even when we have photos and videos. Code enforcement allowed the sound barrier that protected us from band music in our houses to be torn down without consequence four years ago. A clear violation of their entertainment permit, for which no citation was issued. We begged code enforcement to force a correction, to no avail. No correction ever took place. The result was four years of torment for my family. You might remember that the only compromise I said I could live with was, "No open wall and no permanent platform, which is prohibited in any case." Once you allow them to open up that 50 foot, floor to ceiling wall, the megaphone effect will be a nightmare during the day and evening. These conditions would do little to help us then. You can't undo that kind of construction for non compliance. We would actually rather have music than suffer 15 hours a day with an open wall to a saloon/sports bar every day of the year. In this scenario they give up very little, but still get the 50 -foot megaphone. Number of musicians? Their loudest band has only 3. This is what they did at the planning commission. At the last minute, they came up with concessions, which would make us appear as ogres if we didn't sound grateful. Kill us for four years with nightclub music in our houses, then call it a compromise if we lower the volume so we can open up a 50 foot wall and build a prohibited structure on the sidewalk, and keep the worst of the nightmare — the megaphone that we are all so afraid of. The live entertainment is the least of our problems now. They will either comply with the municipal code or they won't, and we will now call the police if they don't. Compliance with the law is not a concession. And on top of that, the city loses the safest spot on the Island to get on and off a bike. You have my respect and admiration for trying to find a different solution here. I can see where you had some success with the Port Restaurant, but the proposed 50 foot, floor to ceiling open wall and the raised platform, negate the similarity between the two. Besides, the Port's tables are 100% inside their property line. And two thirds of the frontage is wall and glass. You taught me one thing I hadn't known — the reason the city pushes so hard for outdoor dining. In CDM you see lots of traffic and lots of empty sidewalk. Outdoor dining might get some of these people to get out of their cars and walk around. On the Island we happily have the opposite. We have an abundance of foot traffic. Sometimes it even logjams. That's another reason why leaving only six feet of sidewalk to make this work would be a mistake. I hope you can empathize with what we've been put through here, and realize that this would be even worse. Thanks, Mike On Jan 20, 2017, at 7:36 PM, Peotter, Scott <speottergnewportbeachca.gov> wrote: I was asking you about conditions of approval that you might be able to live with. Obviously if the owner decides not to follow them, code enforcement will be able to enforce these, understanding of course that it is complaint driven and a pain, but if he continued to violate them , he could actually have his permit taken away. Here are the ideas that I had, I had staff write them, but I made the notes in red 1. The hours of the restaurant and live entertainment shall be limited to 7:00 a.m. to 10:00 p.m. Sunday through Thursday and 7:00 a.m. to midnight Friday and Saturday. In addition, the restaurant may operate and offer live entertainment until midnight on Thursdays between Memorial and Labor Day. I am not sure that the owner will go with this, but if he doesn't have live entertainment except on Friday and Saturday, this might be easy for him to give it Up. 2. Live entertainment shall be limited to a maximum of three (3) musicians and/or vocalists using amplified instruments and microphones at any one time. Disc jockeys or similar form of entertainment shall not be allowed. I had staff look at the port Restaurant and this is a similar condition. This would tend to get rid of the bass sub -woofer problem. 3. Permissible musical instruments shall be limited to piano, woodwinds, and string instruments, and other instruments that the Community Development Director determines to have no greater noise impact. Percussion and brass instruments are prohibited. Amplification is allowed for the purpose of projecting recorded or live music through the interior of the restaurant. No outdoor speakers shall be permitted. I had staff look at the port Restaurant and this is a similar condition. This would tend to get rid of the bass sub -woofer problem. 4. Televisions shall not be oriented for the purpose of viewing from the public right of way. I don't think that this will be a problem for him to concede this. But I do not want the city to get into the TV policing business. This is purely so that you don't get a large crowd on the sidewalk watching TV and cheering on USC.... 5. The outdoor seating area shall not be enclosed in any way, including plastic shielding used for protection from weather elements. I wanted this to be added as many outdoor dining areas tend to do this so that they can be used year round. Yet that is not the intent of the council policy. They can put heaters in, just not make it a tent... 6. After completing the outdoor seating area improvements, a sound engineer shall be retained by the City (at the applicant's expense) monitor and determine compliance of the live entertainment with the City's Noise Ordinance. Improvements recommended by the engineer shall be completed within 30 days unless an extension is granted by the Community Development Director. I wanted this added as well so that at any random time (unknown to the VI owner) an engineer can come and set up equipment. I would want this during entertainment hours when the doors are shut up and also during an SC game (or something like that) on a Saturday. The following is condition #16 of the draft resolution. 16. All glass doors which provide access to the outdoor dining area and the door on the south side of the building shall be noise attenuated to a STC rating of 34 per the Acoustical Evaluation and Design Recommendations dated March 20, 2016 by KFEB Acoustics. The effectiveness of the noise attenuation shall be documented in the door specifications and reviewed during the plan check process. I wanted to make sure that this was added and it was already included. The doors (assuming that they are installed properly) will actually do a better job of attenuating noise and sound than the existing windows do, because of the newer technology. At this point we're more worried about when the doors are OPEN — 15 hours a day, from the time we get up till we go to bed, the whole wall is open like a megaphone for a sports bar. I really think that there is a consensus to encourage businesses to reinvest in their properties and that the way we handled the Port restaurant with conditions of approval is the way to handle it. But I am concerned about compliance (complaint based), which will put a burden on you and your neighbors, until all of the issues are hammered out. A good neighbor (both sides) would be able to resolve this without the city getting involved and it sounds like you are willing, hopefully the VI owner will get the message at the council meeting. 2 more things that I am going to push for: I think I would like to have the owner replace the window that faces 123 with a higher quality window, that does not open (as the current one does not open either) and that the sound curtains need to be closed on that south wall whenever 4 there is entertainment going on. Also, If I can I would like it if the stage were facing north and relocated to the north wall of the office. Not sure I can swing that one. Let me know what you think. SCOTT PEOTTER NEWPORT BEACH CITY COUNCIL Representing the 6th District If you want to sign up for my political newsletter please use this link: www.tinygrl.com/peottersigngp From: Mike Sullivan [sullivanphoto ,roadrunner.com] Sent: Monday, January 16, 2017 9:12 PM To: Peotter, Scott Subject: Tomorrow Scott Looking forward to our meeting in the morning. Here is some quick reading, which could save you some time, as I imagine your time is valuable. See you at Ruby's. Mike Received After Agenda Printed January 24, 2017 Item No. 15 To, Mayor Kevin Muldoon, Mayor Pro Tem Duffy Duffield, and Newport Beach City Councilmembers Brad Avery, Diane Dixon, Jeff Herdman,, Will O'Neill, and Scott Peotter, Re: City Council Meeting: l-aq'2.717 Agenda Item No.: 16' The undersigned residents of the 100 block of Marine Avenue and other Balboa Island residents request that the City Council: 1.) 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) Do not allow the exterior faVade along the Marine Avenue side of the building to be remodeled by 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. On November 3, 2016 the Newport Beach Planning Commission voted unanimously to approve Conditional Use Permit No. UP2016-012 " to establish a 200 square foot outdoor dining area to be located in front of the Village Inn restaurant at 127 Marine Ave within the public right of way. The outdoor dining area would displace the existing bike racks. If approved the City Council will consider the encroachments associated in accordance with Council Policy L 21",sidewalk dining. Two planning commissioners were absent from the November 3rd meeting, and all five members present had been lobbied by Ms. Carol McDermot, a Public Relations Consultant, who has been hired by, Charles V. Kinstler, who owns the Village Inn and the property at 123 Marine Avenue. Dan Miller is the applicant and manager of the Village Inn and Mr. Kinstler's son- in- law. Any of you who live on the Island or visit the Island know that there are no doors into the Village Inn from Marine Avenue. The front doors to the Village Inn are on Park Avenue and the address of the Village Inn when many of us moved onto Balboa Island was 1309 Park Avenue. 127Marine Avenue is a new address for the Village Inn. It was selected to justify the owner and applicant's request for out door dining on Marine Avenue even though that location is only 40ft away from a residence. The Park Avenue front of the Village inn is a much more appropriate location for the desired outdoor dining because a Park Avenue location would not conflict with the residential character of the 100 Block of Marine Avenue nor interfere with the residents' right to the quiet enjoyment of their property. The proposed outdoor dining area, which is located within the public right - of -way, would be a raised concrete pad in order to be at the same level as the finished floor of the restaurant for ADA access. The dining area would be enclosed with a 36 inch high wrought iron guard rail and accommodate up to 7 tables and 16 seats. The sidewalk would be maintained at 6 feet wide" (hardly enough room for a sidewalk, which is the major thoroughfare of Balboa Island to the Bay and the Boardwalk. 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." The windows and the brick and stucco walls, which are the current exterior finish of the Marine Avenue fagade, will be replaced with bi- folding glass accordion doors, (which will not absorb as much noise as the current construction). Furthermore, the proposed hours of operation are from 7:00 am until 9:00 pm and through the summer season from 7:00 am until 1O:OO pm every day of the year. The Village Inn is situated on the northwest corner of Park and Marine Avenues. The 100 block of Marine Avenue, like the rest of Balboa Island is residential. Not another restaurant or donut or ice cream shop in the 200 and 300 blocks of Marine Avenue have the extended hours proposed by the Village Inn for their outdoor dining. Not another business in the 200 or 300 blocks of Marine Avenue opens onto a residential street, and not another establishment in the 200 or 300 blocks of Marine Avenue seeks to obstruct the flow of pedestrian traffic along Marine Avenue, Balboa Island's main thoroughfare, as this outdoor dining project would obstruct the flow of traffic. Finally, the Village Inn of 2016 unlike the Village Inn prior to 2002 when the first conditional use permit for live music was granted is now a sports bar by day and a nightclub with live music 5 to 7 nights a week. The residents of the 100 block of Marine Avenue and surrounding streets on Balboa Island request that the City Council: 1) Rescind the Planning Commissions approval of the outdoor dining, and 2) Not grant a permit to the Village Inn to remodel the exterior faVade by adding bi-folding glass doors along the Marine Avenue side of the building 3) 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. 949) (�73 -27D6 To, Mayor Kevin Muldoon, Mayor Pro Tem Duffy Duffield, and Newport Beach City Councilmembers Brad Avery, Diane Dixon, Jeff Herdman,, Will O'Neill, and Scott Peotter, Re: City Council Meeting: 7 Agenda Item No.: 15 The undersigned residents of the 100 block of Marine Avenue and other Balboa Island residents request that the City Council: 1.) 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) Do not allow the exterior faVade along the Marine Avenue side of the building to be remodeled by 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 commercial, 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 -W2 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 Zonign Code and the Municipal Code. Facts in Support of the Findin . 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 City General plan Statistical Data Maps and Coastal Land Use Plan Figure 2.1.6-1 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 200 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"(p6 Oct 20th Staff Report) " The restaurant operates 7:OOam- 12:00 midnight daily. The outdoor dining area will be open beginning at 7:OOam 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 201h Staff 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 from 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 Departmenfs previous memo dated, November 4, 2015. (p 92 Oct 20th 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 boardwalks. 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 block of Marine I. 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. I1. Before a decision is made regarding the requested encroachment, 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. 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 20th 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, 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. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderlygrowth of the City, nor endangers, jeopardize, or otherwise constitute a hazard to the public convenience, health interest, and safety orgeneral welfare of persons residing or working in the neighborhood of the proposed. Facts in support of Finding. I. The findings vis a vis our residential neighborhood are BOGUS. The findings are examples of the Planning Staffs bias toward the applicant and Public Relation Consultant Speak. The potential conflicts with the surrounding land uses are minimized to the greatest extent possible. II. 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... City's nighttime noise threshold limit of 50dBA II. 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 26,2016, " 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." 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 20th 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, Lynne O'Brien, Secretary 100 Block of Marine Avenue Coalition 105 Marine Avenue, Newport Beach, CA 92662, q49) 673-a71)& ATTACHMENTS 1 MAPS City Of Newport Beach General Plan Figure LU4 : Statistical Areas D3, D4, E1 E3 Figure LU 20: Balboa Village Figure LU 27: Corona del Mar Coastal Land Use Plan West Newport 2.1.3.1 Lido Village, Cannery, Lido Peninsula Mc Fadden 2.1.5-1 15th Street 2.1.5-2 Balboa Village 2.1.5-3 J36 ' a Ila /f/ 24 dui OF �F ( ACGE55 - N I�OA RM CPyr _ �O �P O O� p P�� E� SF'�RrFr I 91 N 11 Om MgR�iR,y rq O P m � ➢ D � A 9 O z' �q m rF R rF�� �'Os re�Rs cF cF ' El/� WHW I.l �I 1Y.1i ( 111, ItL vi _I�Ll1 v�n. nvcnuE "y1 I BAY -AVE -EI I �I r� i l l l i BALB BLVD_ EAST i 111 LI I1Tfi i ° �� p►�' '� GRgNAOA N sFvi�EFgve ///// / J / j jJlll j1)11/lI IIII7IIIIII 11111 �� MIRAMAR OR A PR l 11111 /111111 AN BLVD *California Coastal Commission Approval PA201 1-196 04/09/2013 Change RT to MU -V for property located (I 1/ 15/2013*) at 514 Ocean Front E. PA2010-052 09/14/2010 Change PI 1.0 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 05/25/2010 Change PR to RS -D for property located at 2000-2016 East Balboa Boulevard RM CPyr _ �O �P O O� p P�� E� SF'�RrFr I 91 N 11 Om MgR�iR,y rq O P m � ➢ D � A 9 O z' �q m rF R rF�� �'Os re�Rs cF cF ' El/� WHW I.l �I 1Y.1i ( 111, ItL vi _I�Ll1 v�n. nvcnuE "y1 I BAY -AVE -EI I �I r� i l l l i BALB BLVD_ EAST i 111 LI I1Tfi i ° �� p►�' '� GRgNAOA N sFvi�EFgve ///// / J / j jJlll j1)11/lI IIII7IIIIII 11111 �� MIRAMAR OR A PR l 11111 /111111 AN BLVD - hococ Z F� FAST �411 � Q .O� C) oc� �y 5 MU�Ur 0:7 A, UC� Q F,q S Me • e ,4 A 2 RT' U 'PT �✓ Q PI- % �V EgST � •y .75 C MU-V B O= Az A .> �I/ Z� � CV 0.5 / Ste' oqF Q FRONT LAND USE POLICY A Visitor -Serving Commercial B Commercial or Mixed -Use C ; Two -Family Residential (Housing above Retail or Office) LU20_Balboa_Village.mxd 11/15/2013 CITY of NEWPORT BEACH GENERALPLAN Figure LU20 BALBOA VILLAGE Legend QQ Sub -Area Tidelands and submerged lands City Boundary ^.. Highway El b Feet 0 125 250 Source: City of Newport Beach and EIP Associates PROJECT NUMBER: 10579-01 Date: 12/12/06 Q�Aw^'gT �7��'-++rr 77''�l'l� r r LAND USE POLICY • Retail and Office on Coast Highway • Possible Acquisition of Adjoining Residential Lots For Parking • Shared Parking Facilities with Street -Facing Retail CITY of NEWPORT BEACH GENERAL PLAN FIGURE LU27 CORONA DEL MAR QSub-Area Tidelands and submerged lands ON., City Boundary °fir Highway V Feet 0 250 500 1,000 Source CIN of Newport Beach and EIP Associates PROJECT NUMBER. 10579-01 Date. 08/03/06 f E I P J . ! yy�,/A y D;.7fJ\ ✓ SFr y✓)% f �yf r ! RM 8 du LAND USE POLICY • Retail and Office on Coast Highway • Possible Acquisition of Adjoining Residential Lots For Parking • Shared Parking Facilities with Street -Facing Retail CITY of NEWPORT BEACH GENERAL PLAN FIGURE LU27 CORONA DEL MAR QSub-Area Tidelands and submerged lands ON., City Boundary °fir Highway V Feet 0 250 500 1,000 Source CIN of Newport Beach and EIP Associates PROJECT NUMBER. 10579-01 Date. 08/03/06 f E I P h lc ., Cis os Jk /1 City Boundary ,1 st Banning Ranch Deferred Certification Area E city of Costa Mesa City of Irvine Pacific Ocean City of aguna Beach Ll West Newport z' Figure 2.1.3-1 Local Coastal Program 0 250 500 1,000 Coastal Land Use Plan Feet 2-82 Icp_lu_amend _Figure2-1-3-1 .mxd 11/15/2012 rl eq ygVE W RT-D-, BAYAVE'w �tT�b ksp-C I� BALBOA BLVDCD W Mu_ _ C()CO f 00 BgLgoA l3L�p IST-D w OOEAN FRONT W PF RT-D City of �y Costa Mesa RS D-C City of Irvine Pacific Ocean City of aguna Beach 15th Street Figure 2.1.5-2ramLocal Coastal Pro 0 125 250 500 g Feet F1cp_1u_amend_Rgure2-1-5-2.mxd Coastal Land Use Plan C 11/15/2012 2-85 Village Inn UP2016-006 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 I license for every 202 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's per capita ratio of I 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, Listed below are the dates and dispositions of the calls: 0 11/612015, 11:15 p. m. — advised 0 11/1512015, 7:42 p.m. — unfounded 0 11/20/2015, 9.41 p.m. —advised * 12/15/2015, 8:57 p.m. — unfounded 0 12/19/2015, 11:01 p.m. — unfounded 0 03112/2016, 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 92 Received After Agenda Printed January 24, 2017 Item No. 15 To Mayor Kevin Muldoon, Mayor Pro Tem Duffy Duffield, and Council members, Brad Avery, Diane Dixon, Jeff Herdman, Will O'Neill, and Scott Peotter: City Council Meeting: January 24, 2017 Agenda number: 15 Re: The Appeal of the Planning Commission's November 3, 2016 approval of the Use Permit (UP2016-012) that allows a 200 -square-foot outdoor dining area for the Village Inn restaurant and Waiver of portions of City Council Policy L-21 located at 127 Marine Avenue (PA2015-016) Mr. Mayor and other Council Members, Please reject Resolution No. 2017-9, a resolution of the City Council of the City of Newport Beach California and rescind the Planning Commission's Approval of use permit No. 2016-012 to Establish a 200 - square -foot Outdoor Dining Area Associated with an existing Restaurant at 127 Marine Ave. Please do no waive any portions of City Council Policy L21, " Sidewalk Cafe Standards and Procedures because the use at 127 Marine Avenue for which the waiver is being requested is incompatible with the location because the 100 block of Marine Avenue is residential. According to Provision B of City Council Policy L21 the Sidewalk Cafe Standards and Procedures, " Outside Dining will not be permitted on sidewalks designated by City Council resolution as shared bicycle and pedestrian facilities." Marine Avenue could be easily categorized similarly to Ocean Front as shared bicycle and pedestrian facilities because in addition to the pedestrians on the Marine Avenue sidewalk, there are also cars parked along the street, groups of bicyclists riding to the left of the parked cars heading north, vehicles heading north toward the bridge, and large groups of bicyclists pedaling on the other side of the street to the right of the cars that are parked there. Marine Avenue is easily as impacted an area as Ocean Front (F Street to Mc Fadden Place & westerly line of Ocean front parking lot to 36th St.) The Village Inn is located on the corner of Marine and Park Avenues. Park Avenue is the thoroughfare that brings cars from the ferry and the other residential streets on Balboa Island to the 200 blocks of Marine Avenue and off the Island. With the two streets converging, the two intersections are even more congested than what was described above. The sidewalk cafe is not appropriate for Marine Avenue because there are pedestrians, and bicycles, and vehicles coming from both Marine Avenue and Park Avenue. It confounds us how the Village Inn's proposal for outdoor dining has gotten this far, and we appeal to the City Council's sense of right and wrong in interpreting the Municipal Codes vis avis the physical restrictions of the Marine Avenue location. " The use is not compatible with the character of the surrounding neighborhood and the addition of the use will change the residential character of the neighborhood, and could have a negative impact on the value of our property Furthermore, in making your decision on this outdoor dining please consider that the proximity of the use, which would include alcohol sales and cigarette smoking, is only 40 feet from a residence(4a, p 9 Oct 2001 Staff report) . Finally, everyone of us can agree that the front doors to the Village Inn are on Park Avenue, and installing the sidewalk dining on the Park Avenue front of the Village Inn would be in keeping with the stated intention of the Sidewalk Cafe Standards and Procedures. An added bonus to this solution would be that the bike racks would not have to be moved!!! Regards, Lynne 4-"-'rien Received After Agenda Printed January 24, 2017 Item No. 15 From: Sent: To: Subject: Follow Up Flag: Flag Status: Categories: Sent from my iPad Begin forwarded message: Kiff, Dave Monday, January 23, 2017 4:37 PM City Clerk's Office Fwd: Village Inn Follow up Flagged Leilani From: Tim Zigrang Date: January 23, 2017 at 3:50:58 PM PST To: <ci _y atar 3I r v g -g Subject: Village Inn I support the Village Inn and their application ! Tim Zigrang RECEIVED AFTER AGENDA PRINTED AGENDA ITEM NO. 15 JANUARY 24, 2017 From: Brandt, Kim Sent: Tuesday, January 24, 2017 8:05 AM To: Brown, Leilani Cc: Wisneski, Brenda Subject: Fwd: Squalor From the Village Inn for the record Attachments: image001 jpg; image002 jpg; image003 jpg; image004 jpg; image005 jpg; image006 jpg; image007jpg;image008jpg;image009jpg;image010jpg Leilani, Another correspondence for tonight's meeting. Kim Sent from my iPad Begin forwarded message: From: Carol McDermott <carol&entitlementadvisors.com> Date: January 24, 2017 at 7:59:32 AM PST To: "Dixon, Diane" <ddixon&newportbeachca.gov>, Scott Peotter <scottkpeotter.com>, "duffieldgnewportbeachca.com" <duffieldAnewportbeachca.com>, "jherdman(c�r�,newportbeachca.gov" <jherdman&newportbeachca.gov>, "woneill(kne)yportbeachca.gov" <woneill(knewportbeachca.gov>, "bavery�knewportbeachca.gov" <baveryknewportbeachca.gov> Cc: "danvibdt@gmail.com" <danvibdtggmail.com>, 'Brenda Wisneski' <bwisneskiknewportbeachca.gov>, Kimberly Brandt <kbrandt(knewportbeachca.gov> Subject: RE: Squalor From the Village Inn for the record Dear Diane and Scott: thanks for sending the letter below and allowing us the opportunity to respond to what I am sure appears to be alarming photos and statements from the neighbor adjacent to the 3o'wide residential property also owned by Village Inn (VI). We deeply regret the controversy surrounding what should be a simple implementation of a council policy to encourage outdoor dining and stimulate sidewalk interface with pedestrians. Despite allegations to the contrary, the VI and its owner/operator, Dan Miller, has tried to deal responsibly with the neighbor who has consistently refused to meet and discuss his issues in person or in detail. The VI has also tried in multiple ways to address the complaints including repairing and maintaining the front yard of their rental property next door, replacing the southerly window in the restaurant with a sound attenuating double -paned window, installing noise attenuating panels along the ceiling and eliminating the larger musician groups which are currently permitted by the Entertainment Permit. (Note there have been no violations of the entertainment permit as has been validated by the report of the Police Department at the Planning Commission which reviewed the complaints of the neighbor and designed extensive conditions to further address the stated concerns of the neighbor in their approval.) The VI has been very favorably received by many nearby and local residents, and Mr. Miller has been an active community member including being asked to serve on the Board of the Balboa Island Improvement Association and the Balboa Island Merchants Association. He is a graduate of Leadership Newport and is highly respected for his honesty and integrity, in contrast to the reputation of the neighbor held by many Island residents and leaders. Please see my comments in his photos and statements below. We look forward to presenting our defense of the outdoor dining request at the appeal hearing this evening. Dan Miller and I are available to answer any questions. Thanks, cmmc Carol Mentor McDermott, AICP Principal Entitlement Advisors Track Record + Team + Tenacity 5000 Birch, Suite 400 East Tower Newport Beach, CA 92660 (949) 717-7939, office (949) 422-2303, cell (949) 209-2045, fax carol@entitlementadvisors.com From: Dixon, Diane[mailto:ddixon@newportbeachca.gov] Sent: Monday, January 23, 2017 1:12 PM To: Carol McDermott <carol@entitlementadvisors.com> Subject: Fwd: Squalor From the Village Inn for the record Diane B Dixon 949 287 921 1 ---------- Forwarded message ---------- From: "Mike Sullivan" <sullivanphotogroadrunner.com> Date: Mon, Jan 23, 2017 at 12:32 PM -0800 Subject: Squalor From the Village Inn for the record To: "Dixon, Diane" <ddixongnewportbeachca.gov>, "Duffield, Duffy" <dduffieldgnewportbeachca.gov>, "Herdman, Jeff' <jherdmangnewportbeachca.gov>, "Peotter, Scott" <sspeottergnewportbeachca.goy>, "O'Neill, William" <woneillgnewportbeachca.gov>, "Avery, Brad" <baverygnewportbeachca.gov>, "Muldoon, Kevin" <kmuldoonknewportbeachca.gov> Cc: "Peter Bergman" <pjber mg an4ggmail.com> Dear Council Members While we hold out hope for a compromise of some kind regarding the Village Inn, our association (there is no "association') wants us to keep sending information about their behavior, which might affect the vote, or at least serve as background for our position, and our doubts as to whether they would comply with conditions. The VI is totally committed to complying with the proposed new conditions as they comply with current conditions on the property. And of course we want this history to be part of the record. Homeowners and Residents of Marine Ave. RECEIVED AFTER AGENDA PRINTED AGENDA ITEM NO. 15 JANUARY 24, 2017 From: Brandt, Kim Sent: Tuesday, January 24, 2017 8:22 AM To: Brown, Leilani Subject: FW: Squalor From the Village Inn for the record Here you go. From: O'Neill, William Sent: Monday, January 23, 2017 2:57 PM To: Kiff, Dave <DKiff@newportbeachca.gov>; Brandt, Kim <KBrandt@newportbeachca.gov> Subject: FW: Squalor From the Village Inn for the record Will O'Neill City of Newport Beach City Councilmember 100 Civic Center Drive Newport Beach, CA 92660 woneill@newportbeachca.gov From: Mike Sullivan <suIlivanphoto@roadrunner.com> Date: Monday, January 23, 2017 at 12:32 PM To: Diane Dixon <ddixon@newportbeachca.gov>, "Duffield, Duffy" <dduffield@newportbeachca.gov>, Jeff Herdman <jherdman@newportbeachca.gov>, "Peotter, Scott" <speotter@newportbeachca.gov>, "O'Neill, William" <woneill@newportbeachca.gov>, "Avery, Brad" <bavery@newportbeachca.gov>, "Muldoon, Kevin" <kmuldoon@newportbeachca.gov> Cc: Peter Bergman <pibergman4@gmail.com> Subject: Squalor From the Village Inn for the record Dear Council Members — While we hold out hope for a compromise of some kind regarding the Village Inn, our association wants us to keep sending information about their behavior, which might affect the vote, or at least serve as background for our position, and our doubts as to whether they would comply with conditions. And of course we want this history to be part of the record. Homeowners and Residents of Marine Ave. Item 2: Squalor at the Village inn Property The homeowners and residents of the 100 block of Marine Avenue on Balboa Island are unanimous in our opposition to any further expansion of the Village Inn. We have already sent you our concerns regarding the loud band music from the Village Inn and their refusal to respect their neighbors in this regard. Some of you have heard reports and seen photos of what they did the the front yard of the property they own next door. And of course, they now seek exemptions to city policies to build an outdoor dining structure. Aside from violating the peace and quiet of the neighborhood when they arrived four years ago, they did this to the front yard next door. They had some workers spend a day digging up the once beautiful front lawn, tearing up hundreds of tree roots as they worked. This was right under my front door, three feet away. They said they were going to brick it over for outdoor dining for the restaurant. It took them all day because instead of being able to just skim the top off the sod, they were digging and chopping the roots to the beautiful tree right there. They were unsupervised and so did not realize the damage they were doing to the tree, which over the years had become quite the icon on the street and the Island as a whole. The owner passed by and I told him that they might be killing the tree and that in any case, the yard was residential property and that the city would not allow outdoor dining there — and why all the way on the far side of their yard right right under my front door? Several other neighbors passed by and joined in and agreed. The project was immediately abandoned. They walked away and never maintained that yard again. The dug up dirt and tree roots stayed just as they were for three years. I had to water down the dirt for months (pre -drought) just to keep the dust out of my house and hopefully heal the tree. The local cats discovered the fresh digs and the flies became a real problem. The remaining lawn on the other side of their yard was never watered or tended to in any way. The grass, and eventually weeds grew three feet high. The message they sent us was clear. They were angry that the entire block joined in and (politely) told them something they did not want to hear. Not one time in three years did the owners tend to the rest of that yard. A front yard on Balboa Island, mind you. The entire yard was deliberately neglected. Large palm leaves that fell were left where they lay, as were newspapers. The once pretty picket fence was allowed to fall apart. When a picket fell off, it was not replaced, ever. The local gardener who had taken care of that yard before these new owners was appalled when he saw it. He voluntarily had his guys mow the lawn and clean the mess just for the sake of the neighborhood. But it didn't last. It got worse. see photo They never swept the sidewalk like the previous owners did. In the mornings my wife and I had to pick up the beer bottles and other debris left after the midnight closing. Aside from the neglect, they used the yard — and mind you this is a front yard on picturesque Balboa Island — they used the yard as a dumping ground for broken restaurant equipment and even trash. For six months there was a discarded rusted out old water heater thrown on the ground right outside my brother's office window. (see photo) ra My view from office window -- six months Exact same trash for 3 weeks Kitchen workers take breaks and eat here in the front yard Illegal A -frame, also blocking handicap ramp 5 flies visible, stayed 7 days like this October 2015 Some neighbors wanted to call the city and report them, but I said, no, let's give them a chance. I didn't want to delineate my main concern, which was the loud band music tormenting my family in the house every night. But it was a mistake not to report them. This neglect was not an oversight or an accident. This was a deliberate act — a statement. But at least my neighbors convinced me to take photos. When the owners stripped the place bare and illegally knocked down the wall that acted as a buffer between the band music and the residences, they also removed the carpet and the restaurant booths — four of them. They dumped these four full-sized red restaurant booths in the front yard of the residence where they stayed for months. One of them was placed right up under Mike and Tina's front door. Vr �' l���I ��J. :"r .yid 1 ._.I}' }... '� x The view as I step out my front door 4 months Exactly four months right under my window Same booth used as trash bin -- 4 months Broken fence illegal window sign 3 yrs Been this way for a year -- nice view of my house Another of these booths was used as a trash corral and had trash piled five feet high in it. (See photo) The liquid from some of this trash dripped down through the pile and spilled all over the walkway. This booth stayed in the same spot for four months. Roaches started to appear in the space between my house and this yard. Remember — this is in the front yard of a house on Balboa Island. see photo When the owners needed to access the residential yard from the restaurant to dump the booths, they removed a large section of the white picket fence that separated the two properties, and propped it up against the remaining fence. Someone left a black napkin from the restaurant on the broken fence. That napkin and the broken fence stayed there exactly like that for four months. When a six-foot red lounge cushion fell off the roof of the restaurant and landed on the walkway, it stayed there in a heap for a month. Someone finally picked it up and threw it into a planter in their yard where it stayed for another few months. A broken restaurant tabletop was propped up against the front fence right next to the mailbox and in full view of the neighbors and anyone who passed by for six months. Six months! No one bothered to even move it, even though the owners and employees passed right next to it hundreds of times. How would you like to live next door to something like that? This continued squalor was not an accident. It went on for two and a half years before the city finally ordered them clean it up. This mess was not a project in transition. This was not temporary construction debris. This was the status quo for all that time. The owners and employees went in and out of that yard hundreds of times, walking right over newspapers that were never picked up, right past trash piled five feet high, right past food left out all night by their employees who used the yard as their employee lounge. This was a deliberate act for which the motive is still a topic of neighborhood conversation. This address at 123 Marine Avenue became without a doubt the ugliest front yard on all of Balboa Island. Friends and family who came to visit my home were appalled and angered. It was as though the owners were making some kind of statement. And by this time there was no reason to ask because they only got lip service for an answer. This is the very address for which these owners want you to grant them mixed-use privileges last year. Then one week they cleaned it up — sort of, at least the stuff that could easily be moved. The reason — the Balboa Island parade was coming up, and they turned the yard into an illegal beer garden to capitalize on the crowd. They had a portable bar, signs out front that said you had to be over 21 to enter the yard, a cash register out on the sidewalk. It was come one, come all. No invitation needed. They had signs pretending that it was a BIIA function, but it was not. Before noon the yard was completely full. Beer drinkers were sitting on my brick wall, with their butts hanging into my patio. Tina and I had to cancel our annual patio get together with friends on parade day. We had to take down our plants to protect them. When the drinking got heavy, we were eventually driven from the house with the kids. I talked to owner Dan Miller the next day and told him that we had been driven out of our own house, and reminded him that 123 Marine was a residential property. Dan replied that he could have an event there anytime he wanted. In a subsequent phone conversation with code enforcement the incident was brought up. Dan Cozylion said that he would remind the owners that 123 was residential. To my knowledge there was no consequence. So the next year the Village Inn did the exact same thing, with the same result to my family. Again I had a conversation with Dan and told him that the drinkers were too close to my family and too rowdy. Dan's reply was that there were drinkers all over the place that day, not just in his yard. This of course was completely false, since there was a very heavy police presence everywhere, and there was no drinking in public. Once again there was no consequence for the blatant code violation. Only later did I learn through some research that their use permit specifically prohibited the serving of any alcohol at that address. And code enforcement had access to that knowledge, and did nothing. These owners seem to do whatever they want to the neighborhood, and nothing is ever done to stop them. There are signs up and down the block that read: No More Village Inn Expansion -- Enough is Enough! Maybe you fine people can finally be the ones to say to them — enough is enough, and make it stick. Thank you, Tom Sullivan Received After Agenda Printed January 24, 2017 Item No. 15 From: Brandt, Kim Sent: Tuesday, January 24, 2017 8:41 AM To: Brown, Leilani Subject: FW: Correction /Village Inn Another correspondence for tonight's meeting. From: O'Neill, William Sent: Tuesday, January 24, 2017 8:34 AM To: Brandt, Kim <KBrandt@newportbeachca.gov>; Kiff, Dave <DKiff@newportbeachca.gov> Subject: Fwd: Correction /Village Inn Will O'Neill Newport Beach City Council Begin forwarded message: From: Mike Sullivan<sullivanphoto(kroadrunner.com> Date: January 24, 2017 at 8:31:06 AM PST To: Diane Dixon <ddixon e,ne)vportbeachca.gov>, <bavery(ne)yportbeachca.gov>, <dduffieldgnewportbeachca.gov>, <kmuldoon(knewportbeachca.gov>, "Peotter, Scott" <speotter(kne)yportbeachca.gov>, "O'Neill, William" <woneill(knewportbeachca.gov>, <j herdman(knewportbeachca. gov> Subject: Correction /Village Inn Dear Council Members Councilman Peotter has pointed out an inaccuracy in our Top Ten Reasons to Reject Outdoor Dining Structure at the Village Inn. Opening up a fifty foot wall from the bar to the sidewalk is unprecedented, and gives the appearance of no wall at all except for support structures. But to be completely accurate, and I trust Scott's math, the actual open areas are almost two thirds of that fifty feet, or 62%. That's still a lot of open space floor to ceiling. I will adjust my remarks to the council tonight accordingly. On some other small points, Scott and I will remain in amicable disagreement. But my point remains, that so much open wall space to the sidewalk that it gives the feel of being completely open to passersby, young an old. This place is a noisy saloon now, and that much noise and visibility to the passing family crowds and our own residents seems inappropriate. See you all tonight. Received After Agenda Printed January 24, 2017 Item No. 15 From: Kiff, Dave Sent: Tuesday, January 24, 2017 10:18 AM To: City Clerk's Office Subject: FW: Village Inn Open air dining patio!! Categories: Leilani -----Original Message ----- From: Lesley Gregory [mailto:lesleygregoryl@hotmail.com] Sent: Monday, January 23, 2017 6:49 PM To: Dept - City Council Subject: Village Inn Open air dining patio!! My husband and are are local residents who have enjoyed having the Village Inn in our community. I truly enhances the community and we would totally support them having an outdoor area for us to enjoy, just as other businesses have on the island. The establishment is very well run and not at all a noise issue! It is a local institution enjoyed by responsible locals who would very much enjoy some fresh airs Lesley and Geoff Gregory Received After Agenda Printed January 24, 2017 Item No. 15 From: Kiff, Dave Sent: Tuesday, January 24, 2017 10:07 AM To: City Clerk's Office Subject: FW: Village Inn Patio Categories: Leilani From: Rich Cantillon[mailto:RCantillon@argentmanagementllc.com] Sent: Tuesday, January 24, 2017 9:15 AM To: Dept - City Council Subject: Village Inn Patio I am in support of the renovations and patio planned for the VI. They are great neighbors and work hard to make their restaurant a great place to go. Rich Cantillon (949) 241-8442 o (949) 254-7927 c Received After Agenda Printed January 24, 2017 Item No. 15 From: Kiff, Dave Sent: Tuesday, January 24, 2017 10:18 AM To: City Clerk's Office Subject: FW: The Village Inn Categories: Leilani -----Original Message ----- From: Erin Reed [mailto:elreed33@gmail.com] Sent: Monday, January 23, 2017 7:02 PM To: Dept - City Council Subject: The Village Inn I vote Yes to add doors leading to an outside patio at the Village Inn. I've lived in NB since I was 8 years old. i currently reside on the Peninsula and frequent the Island. I feel adding some music and outdoor dining would add a touch of class (like CDM) while remaining charming. Thanks, Erin Sent from my Whone Received After Agenda Printed January 24, 2017 Item No. 15 Nelson, Jennifer From: Todd Campbell <toddcampbel11234@gmail.com> Sent: Tuesday, January 24, 2017 3:27 PM To: Dept - City Council Subject: Village Inn Don't you think this nonsense has gone on long enough with Village Inn requesting an outside permit. Give us a break and let us have a nice outside eating area like other restaurants on the Island. Noise, what noise?? We eat there regularly and never experienced noise that was not normal Sincerely, Todd & Jojo Campbell Received After Agenda Printed January 24, 2017 Nelson, Jennifer Item No. 15 From: tecrosson@aol.com Sent: Tuesday, January 24, 2017 3:19 PM To: Dept - City Council Subject: THE VILLAGE INN NEEDS COUNCIL APPROVAL TO ENHANCE THE AMBIANCE FOR ALL THE RESIDENTS AND VISITORS OF BALBOA ISLAND. IT IS UP TO ALL OF US TO SUPPORT OUR LOBCAL BUSINESSES. SHOULD THIS BUSINESS FAIL; HOOTERS IS READYTO MOVE IN. AND IF NOT HOOTERS, THE HAPPY ENDING MASSAGE PARLOR IS NEXT. Sent from Mail for Windows 10