HomeMy WebLinkAbout04 - Village InnFebruary 14, 2017
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Brenda Wisneski, Deputy Community Development Director —
bwisneski@newportbeachca.gov
PHONE: 949-949-644-3297
TITLE: 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)
ABSTRACT:
This item is an appeal of the Planning Commission's approval of the Use Permit that
allows a 200 -square -foot outdoor dining area for the Village Inn restaurant to be located
in the public right-of-way on Marine Avenue, where bike racks currently exist. The design
of the dining area also requires a waiver of portions of City Council Policy L-21. To offset
the loss of the bike racks, the applicant is required to fund the relocation and construction
of new bike corrals in the 200 and 300 blocks on Marine Avenue.
The City Council considered this item at a public hearing on January 24, 2017. After
closing the public hearing, the City Council directed staff to modify certain conditions of
approval that were attached to the draft resolution. Staff has made the appropriate
changes so that the City Council may now take action on this item. The revised draft
resolution is provided as Attachment A, and the revisions to the original draft resolution
are shown in Attachment B.
RECOMMENDATION:
a) Determine that the project is categorically exempt from the California Environmental
Quality Act (CEQA) Guidelines per Section 15303 - Class 3 (Construction or
Conversion of Small Structures) in that the improvements associated with the outdoor
dining area are considered accessory to the main structure;
b) Adopt Resolution No. 2017-9, A Resolution of the City Council of the City of Newport
Beach, California, Upholding the Planning Commission's Approval of Use Permit
No. UP2016-092 to Establish an Outdoor Dining Area Associated with an Existing
Restaurant at 927 Marine Avenue (PA2095-096);
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Appeal of the Approval of Village Inn Outdoor Dining Use Permit
and Waiver of Council Policy L-21
February 14, 2017
Page 2
c) Waive portions of City Council Policy L-21, Sidewalk Cafe Standards and Procedures,
to allow for a six-foot wide minimum pedestrian clear width sidewalk in a potentially
heavy pedestrian traffic area; to allow a barrier that would be permanently bolted in
place; to allow the outdoor dining area to be maintained above the level of the existing
sidewalk; and to allow the outdoor dining area to be located less than ten feet from
the corner of the building;
d) Require Applicant to obtain an Annual Outdoor Dining Encroachment Permit and pay
all applicable fees; and
e) Direct staff to relocate a portion of the existing bike racks adjacent to the Village Inn
to new bike corrals in the 200 and 300 blocks of Marine Avenue.
FUNDING REQUIREMENTS:
Pursuant to the Planning Commission's action, Condition of Approval No. 33 of the Use
Permit requires the applicant to pay the City for the purchase and installation of the new
bike corrals and other related public improvements on Marine Avenue. The City Council's
action, resulted in the relocation of ten (10) bike racks. The applicant's contribution would
be $6,000.
DISCUSSION:
On November 3, 2016, the Planning Commission approved the Use Permit to establish a
200 -square -foot outdoor dining area to be located along the Village Inn's frontage on
Marine Avenue, within the public right of way.
On November 17, 2016, an appeal was filed stating concerns with: 1) proximity of the
outdoor dining to residences, 2) no other City outdoor dining areas which are adjacent to
properties zoned residential; and 3) "code violations" from the current restaurant
operations (Attachment F of the January 24, 2017 staff report).
Pursuant to Newport Beach Municipal Code (NBMC) Section 20.64.030.C.3 (Conduct of
Hearing), a public hearing on an appeal is conducted "de novo," meaning that it is a new
hearing and the prior decision of the Planning Commission to deny the application has no
force or effect. The City Council is not bound by the Planning Commission's prior decision
or limited to the issues raised by the appeal.
City Council Action
After the conclusion of the public hearing, the City Council directed staff to modify the
proposed conditions of approval, which included the redesign and relocation of a portion
of the proposed outdoor dining area to Park Avenue. The specific modifications are
tracked in the original draft resolution provided as Attachment B. The draft meeting
minutes and a link to the January 24, 2017 staff report are provided as Attachment C. The
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Appeal of the Approval of Village Inn Outdoor Dining Use Permit
and Waiver of Council Policy L-21
February 14, 2017
Page 3
following lists the conditions which were modified or added by the City Council on January
24th:
15. Live entertainment shall be limited to 10 p.m. on nights before a school day, as
calendared by the Newport Mesa Unified School District, and limited to midnight on
"non -school" nights and on all Fridays and Saturdays.
16. On New Year's Eve, the restaurant shall be permitted to operate until 1 a.m. on
January 1st. Live entertainment and alcoholic beverage service ceasing at 12:30
a. m.
18. The outdoor seating area shall not be permanently enclosed; however, roll -down
plastic shielding for protection from weather elements that can be rolled up after
hours is allowed. Canvas or other "temporary materials" that are affixed shall be
prohibited.
38. The stage shall be located per the approved plans, but the applicant may relocate
the stage to minimize noise impacts with the approval of the Community
Development Director. The speakers for entertainment shall face the west and/or
north and shall be directed away from the south.
39. The interior sound curtain along the south restaurant wall shall be fully extended
across the entire wall during live entertainment.
40. The sidewalk on Park Avenue shall be widened to allow outdoor dining to occupy
up to three (3) feet of the public right of way, while maintaining a six (6) foot wide
sidewalk. The final design shall be approved by the Public Works Director, and the
applicant shall perform all required improvements and be responsible for the cost
of all necessary improvements in the public right-of-way.
41. The outdoor dining area along Marine Avenue shall be four (4) feet in width as
measured from the building wall and may be raised to match the finish floor of the
restaurant interior, as required to comply with ADA requirements. The dining area
will generally wrap around from the Park Avenue dining area and extend from the
building's north edge for approximately 32 feet to the south. The grade of the
Marine Avenue outdoor dining area shall not be raised, except as may be required
by the Building Code for an access door which may be located at the northernmost
end of the outdoor dining area. The access door shall be no more than three (3)
feet wide unless a greater width is required to comply with Building Code
regulations or to facilitate the restaurant's operational needs, as determined
appropriate by the Community Development Director. No other doors shall be
permitted along Marine Avenue.
42. Deliveries and refuse collection for the facility shall be prohibited between the hours
of 1Op. m. and 7 a.m., daily.
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Appeal of the Approval of Village Inn Outdoor Dining Use Permit
and Waiver of Council Policy L-21
February 14, 2017
Page 4
43. Televisions shall not be oriented for the purposes of viewing from the public right of
way.
Following the City Council meeting, discussions continued with the applicant and
residents. As a result of these discussions, the City Council may consider including the
following conditions of approval.
1. The applicant will install a solid wall or plexiglass wall at the south end of the Marine
Avenue outdoor dining area.
2. Applicant may encroach 3 feet into the right of way on Park Avenue with an awning
or other similar cover over the outdoor dining area.
Revise Condition #21 to include underlined portion:
21. Live entertainment shall be limited to a maximum of four (4) musicians and/or
vocalists using amplified instruments and microphones at any one time. If bass
sounds or noise become an issue, the applicant will work with the director of
community development to provide sound barriers or screens for the percussion or
an all -electronic percussion system shall be utilized so that speaker direction can
control percussion as well.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project is categorically exempt under Section
15303, of the State CEQA (California Environmental Quality Act) Guidelines — Class 3
(Construction or Conversion of Small Structures) in that the improvements associated
with the outdoor dining area are considered accessory to the main structure.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item). The January 24, 2017, public
hearing was noticed consistent with the provisions of the NBMC.
ATTACHMENTS:
Attachment A — Draft Resolution
Attachment B — Draft Resolution (with tracked changes)
Attachment C — Draft Meeting Minutes
(Link to January 24, 2017 City Council Report)
http://ecms.newportbeachca.gov/Web/O/doc/l 162761 /Page 1.aspx
Attachment A
Draft Resolution
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ATTACHMENT A
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, UPHOLDING THE PLANNING;
COMMISSION'S APPROVAL OF USE PERMIT NO. UP2016-012
WITH MODIFIED CONDITIONS OF APPROVAL TO ESTABLISH
AN OUTDOOR DINING AREA ASSOCIATED WITH AN EXISTING
RESTAURANT AT 127 MARINE AVENUE (PA2015-016)
WHEREAS, an application was filed by Dan Miller, with respect to property located at 127
Marine Avenue, and legally described as Balboa Island Sec 4 Lot 15 Blk & Lot 16 Blk 1 Ex E 10
Ft Lots 15 requesting to establish an outdoor dining area associated with an existing restaurant.
The proposed outdoor dining area also requires relocation of existing bike racks;
WHEREAS, Mr. Miller proposes to construct a 200 -square -foot outdoor dining area located
along the front of the structure on Marine Avenue. The proposed area is located within the public
right-of-way;
WHEREAS, the subject property is located within the Mixed Use Water Related Zoning
District and the General Plan Land Use Element category is Mixed Use Water Related (MU -W2).
The Coastal Land Use Plan category is Mixed Use Water Related (MU -W);
WHEREAS, on March 19, 2009, the Planning Commission approved an amendment to
Use Permit No. UP2009-002 allowing for the remodel of the restaurant and determining the Use
Permit was consistent with the zoning provisions for alcohol sales. Conditions of approval were
established to minimize potential impacts from the restaurant operations to the nearby
neighborhood_ Use Permit No. UP2009-002, as amended, and related conditions of approval
remain in effect;
WHEREAS, on December 3, 2015, the Planning Commission considered Use Permit No.
UP2015-006 for a similar request to establish an outdoor dining area. The Use Permit application
was accompanied by a request to amend the land use designation at 123 Marine Avenue to
accommodate an existing legal nonconforming encroachment of the restaurant structure on that
property. Because the action included a legislative action, the City Council was the final decision--
making body (GP2015-002, LC2015-001, CA2015-010). The Planning Commission
recommended denial of Use Permit No. UP 2015.006 and continued the land use amendment.
To allow further consideration and revision of the subject applications, the applicant voluntarily
withdrew both applications;
WHEREAS, a public hearing was scheduled to occur on October 20, 2016 in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose
of the public hearing was given in accordance with the Newport Beach Municipal Code
(NBMC). At the request of the applicant, the Planning Commission continued the item to its
regularly scheduled meeting on November 3, 2016;
WHEREAS, on November 3, 2016, the Planning Commission conducted a public hearing
in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the public hearing was given in accordance with the NBMC. At
Resolution No, 2017 -
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conclusion of the hearing, the Planning Commission approved the project and adopted
Resolution 2035 containing the written findings supporting the action-,
WHEREAS, following the Planning Commission's approval, a neighbor living adjacent
to the subject property appealed the Planning Commission's approval to the City Council;
WHEREAS, on .January 24, 2017, the City Council held a noticed public hearing to
consider the appeal in the Council Chambers located at 100 Civic Center Drive, Newport Beach.
A notice of time, place and purpose of the public hearing was given in accordance with the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City_ Council at the
public hearing-, and
WHEREAS, on January 24, 2017 the City Council conducted a public hearing, and after
the conclusion of the public hearing, the City Council directed staff to modify the proposed
conditions of approval, which included the redesign and relocation of a portion of the proposed
outdoor dining area to Park Avenue.
NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
Section 1: The City Council does hereby uphold the Planning Commission's approval
of Use Permit No. UP2016-012 to establish an outdoor dining area associated with an existing
restaurant at 127 Marine Avenue (PA2015-016) with the modified conditions of approval
attached as Exhibit 'A" and incorporated herein by reference. The City Council's decision is
made in accordance with NBMC Section 20.52.020(F), and is supported by the following
findings and facts:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan,-
Fact
lan;
Fact in SLipport of Finding:
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.
Finding -
B. The use is allowed within the applicable zoning district and complies withal/ other applicable
provisions of this Zoning Code and the Municipal Code,-
Facts
ode,
Facts in Support of Finding:
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Resolution No. 2017 -
Page 3 of 10
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.
2. The proposed outdoor dining area is approximately 200 square feet in size which
does not require parking under Table 3-10 in NBMC Chapter 20,40.040 (Off -Street
Parking Spaces Required),
Finding:
C. The design,, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity,-
Facts
icinity,
Facts in Support of Finding:
1. The proposed outdoor dining area is located along Marine Avenue and Park Avenue,
an active mixed use commercial area with high pedestrian use. Outdoor dining areas
are encouraged in mixed use areas as they contribute to the vibrancy of the area.
2. The subject dining area is limited to a four (4) foot extension from the building edge
along Marine Avenue and a three (3) foot extension from the property line along Park
Avenue. The sidewalk will be maintained at six (6) feet which is adequate to
accommodate pedestrian passage,
3. As conditioned, the outdoor dining area and glass doors will close at 9:00 p.m. or
10:00 p.m., as detailed in Condition of Approval No. 14.
4. 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.
5. A portion of the existing bike racks on Marine Avenue will be re -located within the
public right-of-way on the 200 and/or 300 block of Marine Avenue.
Finding:
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; and
Fact in Support of Finding:
Establishment of the outdoor dining area 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 roadway,
Finding -
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 use,.
Resolution No. 2017-
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Facts in Support of Finding:
The project includes modified conditions of approval to ensure that potential conflicts
with surrounding land uses are minimized to the greatest extent possible. Closing
the outdoor dining area and the noise attenuated glass doors at 9.00 p.m. daily,
except Fridays and Saturdays between Memorial Day weekend and Labor Day, on
Federal holidays, and during community events when the outdoor dining area shall
close by 10:00 p.m., or prior to commencement of live entertainment will ensure
compliance with NBMC Chapter 107.26 (Community Noise Control).
2. An acoustical analysis, prepared by KFEB Acoustics on March 20, 2016, concluded
that with the implementation of proposed noise reduction measures the live
performances will comply with the City's nighttime noise threshold limit of 50 dBA.
3. Establishment of the outdoor dining area will require that bike racks be relocated to
the 200 and/or 3010 blocks of Marine Avenue. Neighboring residents have expressed
concerns with noise created by the public loitering near the racks during late hours.
Relocation of a portion of the racks to a more central location, away from residential
uses, should address noise concerns associated with the bike racks.
Section 2: The City Council hereby waives portions of City Council Policy L-21,
"Sidewalk Cafe Standards and Procedures", to allow for a six (6) foot wide minimum pedestrian
clear width sidewalk in a potentially heavy pedestrian traffic area; to allow a barrier that would
be permanently bolted in place; to allow the outdoor dining area to be maintained above the
level of the existing sidewalk; and to allow the outdoor dining area to be located less than ten
feet from the corner of the building. The City Council also require the applicant to apply for an
Annual Outdoor Dining Encroachment Permit and pay all applicable fees and directs staff to
relocate the existing bike racks within the public right-of-way adjacent to the Village Iran to new
bike corrals in the 200 and/or 3010 blocks of Marine Avenue.
Section 3: This action is categorically exempt under Section 15303, of the State
California Environmental Quality Act (CEQA) Guidelines -- Construction or Conversion of Small
Structures because the improvements associated with the outdoor dining area are considered
accessory to the main structure. The project is also categorically exempt under Section 15302,
of the State CEQA Guidelines — Class 2 (Replacement or Reconstruction) on the basis that the
land use amendment does not result in new development or change the current use of the
property located at 127 Marine Avenue.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: If any section, subsection, sentence; clause or phrase of this resolution is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this resolution. The City Council hereby
declares that it would have passed this resolution, and each section, subsection, sentence,
Resolution No. 2017 -
Page 5 of 10
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6: This resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 14111 day of February, 2017.
Kevin Muldoon
Mayor
ATTEST:
Leilani 1. Brown
City Clerk
APPROVED AS TO FORM:
CITY STC-7RNEY'S OFFICE
Aaron C. Harp
City Attorney
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EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
Resolution No. 2017 -
Page 6 of 10
The development shall be in substantial conformance with the approved site plan, floor plans
and building elevations stamped and dated with the date of this approval. (Except as modified
by applicable conditions of approval.)
2. Use Permit No. UP2016-612 shall expire unless exercised within twenty-four (24) months from
the date of approval as specified in NBMC Section 20.54.666, unless an extension is otherwise
granted. Use Permit UP2009-062 and the 2012 Live Entertainment Permit, and associated
conditions of approval, shall remain in effect unless amended by this Use Permit,
3. The project is subject to all applicable City ordinances, policies, and standards.
4_ The applicant shall comply with all federal, state, and local laws. Material violation of any of
those laws in connection with the use may be cause for revocation of this Use Permit.
5. This Use Permit may be modified or revoked by the Planning Commission should they
determine 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.
6. Any change in operational characteristics, expansion in area, or other modification to the
approved plans, shall require an amendment to this Use Permit or the processing of a new
Use Permit.
7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated
into the Building Division and field sets of plans prior to issuance of the building permits.
8. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter
10.26 (Community Noise Control), all other applicable noise control requirements in the
NBMC and Condition No. 8 of the 2012 Live Entertainment Permit; however, NBMC Section
10,26.035(L) shall not apply.
9. Should the property be sold or otherwise come under different ownership, any future owners
or assignees shall be notified of the conditions of this approval by either the current business
owner, property owner or the leasing agent.
10. No exterior amplified music, sound system, televisions, outside paging system shall be
utilized in conjunction with the outdoor dining area.
11 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 twenty (20) feet of the premises.
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Resolution No. 2017 -
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12. 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 NBMC to require such permits.
13. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmiess
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 the Village Inn Use Permit including, but not limited to, Use Permit No. UP2016-
012. 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.
14. The hours of the outaoor dining area small be limited to 7:00 a.m. to 9.00 p.m, daily, except
Fridays and Saturdays between Memorial Day weekend and Labor Day, on Federal
holidays, and during community events when the outdoor dining area hours shall be 7:00
a. m. to '10:00 p.m. The outdoor dining area and its noise attenuated glass doors shall close
prior to the commencement of live entertainment. Upon closing the outdoor dining area and
when live entertainment is offered, the noise attenuatedglass doors which access the outdoor
dining area shall be closed and no customers shall remain within the outdoor dining area when
it is closed.
15. Live entertainment shall be limited to 1O.00 p.m. on nights before a school day, as calendared
by the Newport Mesa Unified School District, and limited to midnight on "noir-school" nights
and on all Fridays and Saturdays.
16 On New Year's Eve, the restaurant shall be permitted to operate until 1:00 a.m. on January
1st. Live entertainment and alcoholic beverage service shall cease at or before 12:30 a.m.
17. All glass doors which provide access to the outdoor dining area and the door and window 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.
18. The outdoor seating area shall not be permanently enclosed; however, roll -down plastic
shielding for protection from weather elements that can be rolled up after hours is allowed.
Canvas or other "temporary materials" that are affixed shall be prohibited.
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19. Prior to finalizing the building pemiit for the outdoor dining area, interior acoustical absorption
panels shall be installed per the Acoustical Evaluation and Design Recommendations dated
March 20, 2016 by KFEB Acoustics,
20. The assumptions and recommendations presented in the Acoustical ,Evaluation and Design
Recommendations prepared by KFEB Acoustics on March 20, 2016 shall be maintained by
the restaurant pert=aining to upgrades and maintenance of attenuating materials (i.e., door and
window seals).
21. Live entertainment shall be limited to a maximum of four (4) musicians and/or vocalists using
amplified instruments and microphones at any one time.
22. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the licensed
business. These records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Police department on demand.
23. There shall be no reduced price alcoholic beverage promotions offered by the restaurant after
ROG P.M.
24. Food service from the regular menu shall be available to patrons up to thirty (30) minutes
before the schedule closing time of the restaurant.
25. Prior to occupying the outdoor dining area, the applicant shall obtain an Operator License from
the Newport Beach Police Department, A security plan shall be submitted with the Operator
License application.
Building Division
26. 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 recent, City -adopted
version of the California Building Code. The constructlon plans must meet all applicable State
Disabilities Access requirements. Approval from the Orange County Health Department is
required prior to the issuance of a building permit.
27. If the abatement period is extended., prior to issuance of building permits for the outdoor
dining area, a building permit application shall be filed to address the life safety and
structural issues associated with the portion of the restaurant structure which encroaches
onto 123 Marine Avenge,
28. If the abatement period is extended, prior to building permit final (certificate of occupancy)
of the outdoor dining area; building permits shall be obtained for the portion of the restaurant
structure which encroaches onto 123 Marine Avenue.
29. Structural plans shall be required for the expansion of outdoor dining. A building permit shall
be required.
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Resolution No. 2017-
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30_ Wheelchair accessible path of travel to the area to the outdoor dining is required.
31, Delineate a wheelchair accessible seat in the outdoor dining area.
32. In addition to the requirements listed above, additional disable access upgrades are
required which shall include: the entrance, bar counter, and/or restrooms. Accessible
upgrades shall be limited to twenty percent (20%) of the value of the work for outdoor dining.
Public Works
33. The applicant shall obtain an Annual Outside [lining Encroachment Permit from the Public
Works Department and pay afl applicable fees and casts for the proposed outdoor dining
area.
34. This use permit shall not become effective until such time the City Council authorizes the
following:
a. Waiver of City Council Policy L-21 as it pertains to specific components of the
outdoor dining area. Areas for the City Council's consideration is the need to
raise the dining area six (6) -inches above the sidewalk, allowance of a six (6) -
foot wide sidewalk instead of eight (8) -feet, the permanent nature of the
guardrails, and the projection of the accordian doors into the right-of-way.
b. Relocation of the affected bike racks or new bike corrals to be installed in the 200
andlor 300 block of Marine Avenue.
35. The applicant shall submit $6, 000 to the City of Newport Beach within thirty (30) calendar
days of the effective date of the City Council authorizing relocation of the bike racks. These
funds will be used for the purchase and installation of the bike corrals to accommodate
more than ten (10) bikes and other related improvements. The new bike corrals shall be
installed prior to issuance of building permits for the outdoor dining area, and in any event,
within one hundred eighty (180) calendar days of the effective date of the City Council action
on the waiver of City Council Policy L-21 and authorization to relocate the bike racks.
36. Within three months of certificate of occupancy and full operation of the outdoor dining area,
the City shall undertake measurements of the noise generated by the outdoor diming area,
at the cost to the applicant. The analysis shall be considered by the Planning Commission
at a noticed public hearing to ensure compliance with the conditions of approval and the
City's !Noise Ordinance. Modifications to conditions of approval may be required of the
project is not in compliance.
37. Prior to certificate of occupancy, the applicant shall install landscaping on-site to the
greatest extent possible, as determined acceptable to the Community Development
Director.
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Resolution No. 2017 -
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38. The stage shall be located per the approved plans, but the applicant may relocate the stage
to minimize noise impacts with the prior wrritten approval of the Community Development
Director. The speakers for entertainment shall face the west andlor north and shall be
directed away from the south to minimize impacts to adjacent residential properties.
39. The interior sound curtain along the south restaurant wall shall be fully extended across the
entire wall during live entertainment.
40. The sidewalk on Park Avenue shall be widened to allow outdoor dining to occupy up to
three (3) feet of the public right of way, while ,maintaining a six (6) -foot wide sidewalk. The
final design shall be approved by the Public Works Director, and the applicant shall
perform, or contract with the City to perform, all required improvements and be responsible
for the cost of all necessary improvements in the public right-of-way
41 The outdoor dining area along Marine Avenue shall be four (4) feet in width as measured
from the building wall and may be raised to match the finish floor of the restaurant interior;
as required to comply with ADA requirements. The diming area will generally wrap around
from the Park Avenue dining area and extend from the building's north edge for
approximately thirty-two (32) feet to the south. The grade of the Marine Avenue outdoor
dining area shall not be raised, except as may be required by the Building Code for an
access door which may be located at the northernmost end of the outdoor dining area. The
access door shall be no more than three (3) feet wide unless a greater width is required to
comply with Building Code regulations or to facilitate the restaurant's operational needs, as
determined appropriate by the Community Development Director. No other doors shall be
permitted along Marine Avenue.
42. Deliveries and refuse collection for the restaurant shall be prohibited between the hours of
10: 00 p. m. and 7.00 a. m., daily.
43. Televisions shall not be oriented for the purposes of viewing from the public right of way.
4-15
Attachment 6
Draft Resolution with Changes Tracked
4-16
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF USE PERMIT NO. UP2016-012
TO ESTABLISH AN OUTDOOR DINING AREA ASSOCIATED
WITH AN EXISTING RESTAURANT AT 127 MARINE AVENUE
(PA2015-016)
WHEREAS, an application was filed by Dan Miller, with respect to property located at 127
Marine Avenue, and legally described as Balboa Island Sec 4 Lot 15 Blk & Lot 16 Blk 1 Ex E 10
Ft Lots 15 requesting to establish an outdoor dining area associated with an existing restaurant.
The proposed outdoor dining area also requires relocation of existing bike racks;
WHEREAS, Mr. Miller proposes to construct a 200---square--foot outdoor dining area
located along the front of the structure on Marine Avenue. The proposed area is located within
the public right-of-way;
WHEREAS, the subject property is located within the Mixed Use Water Related Zoning
District and the General Plan Land Use Element category is Mixed Use Water Related (MU -W2).
The Coastal Land Use Plan category is Mixed Use Water Related (MU -W);
WHEREAS, on March 19, 2009, the Planning Commission approved an amendment to
Use Permit No. UP2009-002 allowing for the remodel of the restaurant and determining the Use
Permit was consistent with the zoning provisions for alcohol sales. Conditions of approval were
established to minimize potential impacts from the restaurant operations to the nearby
neighborhood. Use Permit No. UP2009-002, as amended, and related conditions of approval
remain in effect-,
WHEREAS, on December 3, 2015, the Planning Commission considered Use Permit No.
UP2015-006 for a similar request to establish an outdoor dining area. The Use Permit application
was accompanied by a request to amend the land use designation at 123 Marine Avenue to
accommodate an existing legal nonconforming encroachment of the restaurant structure on that
property. Because the action included a legislative action, the City Council was the final decision-
making body (GP2015-002, LC2015-001, CA2015-010). The Planning Commission
recommended denial of Use Permit No. UP 2015-006 and continued the land use amendment.
To allow further consideration and revision of the subject applications, the applicant voluntarily
withdrew both applications-,
WHEREAS, a public hearing was scheduled to occur on October 20, 2016 in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose
of the public hearing was given in accordance with the Newport Beach Municipal Code
(NBMC). At the request of the applicant, the Planning Commission continued the item to its
regularly scheduled meeting on November 3, 2016;
WHEREAS, on November 3, 2016, the Planning Commission conducted a public hearing
in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the public hearing was given in accordance with the NBMC. At
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Resolution No. 2017-
Paae 2 of 10
conclusion of the hearing, the Planning Commission approved the project and adopted
Resolution 2035 containing the written findings supporting the action;
WHEREAS, following the Planning Commission's approval, a neighbor living adjacent
to the subject property appealed the Planning Commission's approval to the City Council; and
WHEREAS, on January 24, 2017, the City Council held a noticed public hearing to
consider the appeal in the Council Chambers located at 100 Civic Center Drive, Newport Beach.
A notice of time, place and purpose of the public hearing was given in accordance with the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at the
public hearing..-; and
WHEREAS, on January 24, 2017 the City Council conducted a public hearing, and after
the conclusion of the public hearing, the City Council directed staff to modify the proposed
conditions of approval, which included the redesign and relocation of a portion of the proposed
outdoor dining area to Park Avenue.
NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
Section 1: The City Council does hereby uphold the Planning Commission's approval
of Use Permit No. UP2016-012 to establish an outdoor dining area associated with an existing
restaurant at 127 Marine Avenue (PA2015-016) with the conditions of approval attached as
Exhibit 'A," and incorporated herein by reference. The City Council's decision is made in
accordance with NBMC Section 20.52.020(F), and is supported by the following findings and
facts:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan,-
Fact
lan,
Fact in Support of Finding:
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.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other applicable
provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding:
RM
Resolution No. 2017-
Paae 3 of 10
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.
2. The proposed outdoor dining area is preposedlimited to be appFoximatel200
sq aFe foot OR size25 percent of the interior net public area of the restaurant which
does not require parking under Table 3-10 in NBMC Chapter 20.40.040 (Off -Street
Parking Spaces Required).
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with the
allowed uses in the vicinity;
Facts in Sugaort of Findina:
1. The proposed outdoor dining area is located along Marine Avenue and Park Avenue,
an active mixed use commercial area with high pedestrian use. Outdoor dining areas
are encouraged in mixed use areas as they contribute to the vibrancy of the area.
2. The subject dining area is limited to 200 square foo+ and eXteRds a four (4) feetfoot
extension from the building edge.. along Marine Avenue and a three (3) foot extension
from the property line along Park Avenue. The sidewalk would-iswill be maintained
at six (6) feet which is adequate to accommodate pedestrian passage.
3. As conditioned, the outdoor dining area and glass doors will close at 9:00 p.m. or
10:00 p.m., as detailed in Condition of Approval No. '1-514.
4. 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.
5. The -A portion of the existing bike racks in the front of the prop on Marine Avenue
will be re -located within the public right-=of-=way on the 200 and/or 300 block of
Marine Avenue.
Finding:
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, and
Fact in Support of Finding:
1. Establishment of the outdoor dining area does not impact -public and emergency
vehicle access and public services and utilities, as the improvements aro limited
temaintain a 200 square -6 -foot diRiRg eosidewalk and do not encroach into the
roadway.
Findin :
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Resolution No. 2017-
Paae 4 of 10
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 use.
Facts in Support of Findina:
The project includes conditions of approval to ensure that potential conflicts with
surrounding land uses are minimized to the greatest extent possible. Closing the
outdoor dining area and the noise attenuated glass doors at 9:00 p.m. daily, except
Fridays and Saturdays between Memorial Day weekend and Labor Day, on Federal
holidays, and during community events when the outdoor dining area shall close by
10:00 p.m., or prior to commencement of live entertainment -will ensure compliance
with NBMC Chapter 10.26 (Community Noise Control).
2. An acoustical analysis, prepared by KFEB Acoustics on March 20, 2016, concluded
that with the implementation of proposed noise reduction measures the live
performances will comply with the City's nighttime noise threshold limit of 50 dBA.
3. Establishment of the outdoor dining area will require that the bike racks be relocated
to the 200 and/or 300 blocks of Marine Avenue. Neighboring residents have
expressed concerns with noise created by the public loitering near the racks during
late hours. Relocation of a portion of the racks to a more central location, away from
residential uses, should address noise concerns associated with the bike racks.
Section 2: The City Council hereby waives portions of City Council Policy L-21,
"Sidewalk Cafe Standards and Procedures", to allow for a six—foot wide minimum pedestrian
clear width sidewalk in a potentially heavy pedestrian traffic area; to allow a barrier that would
be permanently bolted in place; to allow the outdoor dining area to be maintained above the
level of the existing sidewalk; and to allow the outdoor dining area to be located less than ten
feet from the corner of the building. The City Council also require the applicant to apply for an
Annual Outdoor Dining Encroachment Permit and pay all applicable fees and directs staff to
relocate the existing bike racks within the public right-of-way adjacent to the Village Inn to new
bike corrals in the 200 and/or 300 blocks of Marine Avenue.
Section 3: This action is categorically exempt under Section 15303, of the State
California Environmental Quality Act (CEQA) Guidelines – Construction or Conversion of Small
Structures because the improvements associated with the outdoor dining area are considered
accessory to the main structure. The project is also categorically exempt under Section 15302,
of the State CEQA Guidelines – Class 2 (Replacement or Reconstruction) on the basis that the
land use amendment does not result in new development or change the current use of the
property located at 127 Marine Avenue.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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Resolution No. 2017-
Paae 5 of 10
Section 5: If any section, subsection, sentence, clause or phrase of this resolution is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this resolution. The City Council hereby
declares that it would have passed this resolution, and each section, subsection, sentence,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6: This resolution shall take effect immediately upon its adoption by the City
Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 2Whl4t" day of ja-pu 4:yFebruary, 2017.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
4-21
EXHIBIT "A"
CONDITIONS OF APPROVAL
PLANNING
Resolution No. 2017-
Paae 6 of 10
The development shall be in substantial conformance with the approved site plan, floor plans
and building elevations stamped and dated with the date of this approval. (Except as modified
by applicable conditions of approval.)
2. Use Permit No. UP2016-012 shall expire unless exercised within twenty-four (24) months from
the date of approval as specified in NBMC Section 20.54.060, unless an extension is otherwise
granted. Use Permit UP2009-002 and the 2012 Live Entertainment Permit, and associated
conditions of approval, shall remaining in effect unless amended by this Use Permit.
3. The project is subject to all applicable City ordinances, policies, and standards.
4. The applicant shall comply with all federal, state, and local laws. Material violation of any of
those laws in connection with the use may be cause for revocation of this Use Permit.
5. This Use Permit may be modified or revoked by the Planning Commission should they
determine 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.
6. Any change in operational characteristics, expansion in area, or other modification to the
approved plans, shall require an amendment to this Use Permit or the processing of a new
Use Permit.
7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated
into the Building Division and field sets of plans prior to issuance of the building permits.
8. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter
10.26 andLCommunity Noise Control), all other applicable noise control requirements in the
NBMC— and Condition No. 8 of the 2012 Live Entertainment Permit; however NBMC
Section 10.26.035.E shall not aoDly.
9. Should the property be sold or otherwise come under different ownership, any future owners
or assignees shall be notified of the conditions of this approval by either the current business
owner, property owner or the leasing agent.
10. No exterior amplified music, sound system, televisions, outside paging system shall be
utilized in conjunction with the outdoor dining area.
11. 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 twenty (20) feet of the premises.
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Resolution No. 2017-
Paae 7 of 10
12. 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 NBMC to require such permits.
13. 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 the Village Inn Use Permit including, but not limited to, Use Permit No. UP2016-
012. 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.
4-5-.14. The hours of the outdoor dining area shall be limited to 7:00 a.m. to 9:00 p.m. daily, except
Fridays and Saturdays between Memorial Day weekend and Labor Day, on Federal
holidays, and during community events when the outdoor dining area hours shall be 7:00
a.m. to 10:00 p.m. The outdoor dining area and its noise attenuated glass doors shall close
prior to the commencement of live entertainment. Upon closing the outdoor dining area and
when live entertainment is offered, the noise attenuated glass doors which access the outdoor
dining area shall be closed and no customers shall remain within the outdoor dining area when
it is closed.
15. Live entertainment shall be limited to 10:00 a.m. on niahts before a school day. as calendared
by the Newport Mesa Unified School District, and limited to midnight on "non -school" nights
and on all Fridays and Saturdays.
16. On New Year's Eve, the restaurant shall be permitted to operate until 1:00 a.m. on January
1st. Live entertainment and alcoholic beverage service ceasing at 12:30 a.m.
4-6.17. All glass doors which provide access to the outdoor dining area and the door and window 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.
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Resolution No. 2017-
Paae 8 of 10
18. The outdoor seating area shall not be permanently enclosed; however, roll -down plastic
shielding for protection from weather elements that can be rolled up after hours is allowed.
Canvas or other "temporary materials" that are affixed shall be prohibited.
Prior to finalizing the building permit for the outdoor dining area, interior acoustical absorption
panels shall be installed per the Acoustical Evaluation and Design Recommendations dated
March 20, 2016 by KFEB Acoustics.
The assumptions and recommendations presented in the Acoustical Evaluation and Design
Recommendations prepared by KFEB Acoustics on March 20, 2016 shall be maintained by
the restaurant pertaining to upgrades and maintenance of attenuating materials (i. e., door and
window seals).
4-9-.21. Live entertainment shall be limited to a maximum of four (4) musicians and/or vocalists using
amplified instruments and microphones at any one time.
222. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall at all times maintain records, which reflect
separately the gross sales of food and the gross sales of alcoholic beverages of the licensed
business. These records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Police Department on demand.
2423. There shall be no reduced price alcoholic beverage promotions offered by the restaurant after
9:00 P.M.
224. Food service from the regular menu shall be available to patrons up to thirty (30) minutes
before the schedule closing time of the restaurant.
225_ . Prior to occupying the outdoor dining area, the applicant shall obtain an Operator License from
the Newport Beach Police Department. A security plan shall be submitted with the Operator
License application.
Building Division
24.26. 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 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 Department is
required prior to the issuance of a building permit.
227. If the abatement period is extended, prior to issuance of building permits for the outdoor
idining area, a building permit application shall be filed to address the life safety and
structural issues associated with the portion of the restaurant structure which encroaches
onto 123 Marine Avenue.
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Resolution No. 2017-
Paae 9 of 10
2&-.28. If the abatement period is extended, prior to building permit final (certificate of occupancy)
of the outdoor dining area, building permits shall be obtained for the portion of the restaurant
structure which encroaches onto 123 Marine Avenue.
229. Structural plans shall be required for the expansion of outdoor dining. A building permit shall
be required.
2-8-.30. Wheelchair accessible path of travel to the area to the outdoor dining is required.
2-9-.31. Delineate a wheelchair accessible seat in the outdoor dining area.
-30-.32. In addition to the requirements listed above, additional disable access upgrades are
required which shall include: the entrance, bar counter, and/or restrooms. Accessible
upgrades shall be limited to twenty percent (20%) of the value of the work for outdoor dining.
Public Works
333. The applicant shall obtain an Annual Outside Dining Encroachment Permit from the Public
Works Department and pay all applicable fees for the proposed outdoor dining area.
-32-.34. This use permit shall not become effective until such time the City Council authorizes the
following:
a. Waiver of City Council Policy L-21 as it pertains to specific components of the
outdoor dining area. Areas for the City Council's consideration is the need to
raise the dining area 6 -inches above the sidewalk, allowance of a 6 -foot wide
sidewalk instead of 8 -feet, the permanent nature of the guardrails, and the
projection of the accordian doors into the right-of-way.
b. Relocation of the affected bike racks or new bike corrals to be installed in the 200
and/or 300 block of Marine Avenue.
33:35. The applicant shall submit $4-26,000 to the City of Newport Beach within 30 days of the
effective date of the City Council authorizing relocation of the bike racks. These funds will
be used for the purchase and installation of the bike corrals to accommodate more than
2010 bikes and other related improvements. The new bike corrals shall be installed prior
to issuance of building permits for the outdoor dining area, and in any event, within 180
days of the effective date of the City Council action on the waiver of City Council Policy L-
21 and authorization to relocate the bike racks.
34.36. Within three months of certificate of occupancy and full operation of the outdoor dining area,
the City shall undertake measurements of the noise generated by the outdoor dining area,
at the cost to the applicant. The analysis shall be considered by the Planning Commission
at a noticed public hearing to ensure compliance with the conditions of approval and the
City's Noise Ordinance. Modifications to conditions of approval may be required of the
project is not in compliance.
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Resolution No. 2017-
Paae 10 of 10
37. Prior to certificate of occupancy, the applicant shall install landscaping on-site to the
greatest extent possible, as determined acceptable to the Community Development
Director.
38. The stage shall be located per the approved plans, but the applicant may relocate the stage
to minimize noise impacts with the approval of the Community Development Director. The
speakers for entertainment shall face the west and/or north and shall be directed away from
the south.
39. The interior sound curtain along the south restaurant wall shall be fully extended across the
entire wall during live entertainment.
40. The sidewalk on Park Avenue shall be widened to allow outdoor dining to occupy up to 3
feet of the public right of way, while maintaining a six (6) -foot wide sidewalk. The dining
area may be raised to match the finish floor of the restaurant interior, as required to comp1Y
with ADA requirements. The final design shall be approved by the Public Works Director,
and the applicant shall perform all required improvements and be responsible for the cost
of all necessary improvements in the public right-of-way.
41. The outdoor dining area along Marine Avenue shall be four (4) feet in width as measured
from the building wall and may be raised to match the finish floor of the restaurant interior,
as required to comply with ADA requirements. The dining area will generally wrap around
from the Park Avenue dining area and extend from the building's north edge for
approximately 32 feet to the south. The grade of the Marine Avenue outdoor dining area
shall not be raised, except as may be required by the Building Code for an access door
which may be located at the northernmost end of the outdoor dining area. The access door
shall be no more than three (3) feet wide unless a greater width is required to comply with
Building Code regulations or to facilitate the restaurant's operational needs, as determined
appropriate by the Community Development Director. No other doors shall be permitted
along Marine Avenue.
42. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10.00
p.m. and 7:00 a.m., daily.
43. Televisions shall not be oriented for the purposes of viewina from the public riaht of way.
4-26
Attachment C
Draft January 24, 2017 Meeting Minutes
4-27
15. 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) [100-2016]
In an abundance of caution, Council Member Herdman recused himself from this item due
to his interest in real property near the property.
Community Development Director Brandt introduced the proposed process.
Deputy Community Development Director Wisneski presented a PowerPoint presentation, outlining
City Council consideration items, vicinity map, zoning, site photographs of the Village Inn, application
for CUP, floor plan, conditional use permit, outdoor dining, City Council Policy L-21 — Sidewalk Cafe
Standards, bike corrals, existing regulations, Police Department calls for service, conditions of
approval issued by the Planning Commission, the basis of appeal, and recommendations.
Mike Sullivan, appellant, representing the Marine Avenue Homeowners Association, stated the
Association was unanimously opposed to the application and pointed out that permanent structures
were prohibited by City Council Policy L-6. He expressed concern about noise impacts and believed
that a special privilege would be granted.
Carol McDermott, representing the applicant, presented a PowerPoint presentation, including an
aerial of Village Inn and surrounding uses, the importance of island history, project objectives,
proposed outdoor dining plan, ADA access to outdoor dining, bike corrals, acoustical evaluation and
analysis, responses to neighbors, and widespread support. She requested approval of outdoor dining
and waiver of City Council Policy L-21..�
Council Member Peotter suggested placing the outdoor seating on Park Avenue, instead of Marine
Avenue. Public Works Director Webb presented the existing lane layout at the intersection of Park
Avenue and Marine Avenue, and displayed an alternative. Council Member Peotter explained his
proposal.
Council Member Dixon asked if there would be outdoor dining on Marine Avenue. Council Member
Peotter stated there would be some dining on Marine Avenue and the possibility of continuity with
the existing sidewalk. He explained the location of the stage and suggested allowing flexibility.
Council Member Peotter stated he had discussed the proposal with the appellant and applicant.
Mr. Sullivan stated the Association liked the idea because it solved the noise concern.
Council Member Dixon requested clarification on the Association's concerns about hours of operation
and times for delivery trucks. Mr. Sullivan stated delivery hours had been violated in the past, but
they were looking toward the future. He stated the hours of operation were not a concern if the
outdoor dining was relocated to Park Avenue. He stated he would accept the applicant's word on
efforts to control noise from performers.
Ms. McDermott indicated an opening on the Marine Avenue side was necessary to access the outdoor
dining. She believed Council Member Peotter's suggestion was not as efficient operationally, but
welcomed the opportunity to move the bike racks and improve the outdoor appearance.
Mayor Muldoon indicated support for moving all of the bike racks.
Mr. Sullivan discussed the use of the bike racks during the summer.
Public Works Director Webb stated staff favored having some bike racks by the Village Inn. He noted
there may be site distance issues with the bike corrals.
4-28
Mr. Sullivan expressed concern with having a door on Marine Avenue, but suggested, if there were a
door, it be a Dutch door. Ms. McDermott stated better sound attenuation would occur with a full door.
In response to Council Member Peotter's question, Ms. McDermott discussed difficulty with servers
utilizing a normal door. Mr. Sullivan requested a wide door not be used.
In response to Mayor Muldoon's question, Deputy Community Development Director Wisneski stated
staff had prepared language for the proposed compromise.
Mayor Muldoon opened the public hearing.
Jim Simpkins asked about the location of outdoor dining on Park Avenue. Council Member Peotter
stated the public dining would start from the second door towards Marine Avenue.
Don Abrams commended Council Member Peotter for theoposed compromise, but expressed
concern with moving the bike corrals.
Jay Truax suggested placing the bike corrals on side streets. He stated the sound would go towards
the Fire Station. He discussed the need for ADA compliance. 1W
Jim Mosher explained that the Planning Commission approved the idea for outdoor dining, provided
the City Council waived associated policies. He stated that past practice had been for temporary
sidewalk dining, not permanent installation. He asked how much the applicant would pay to use the
public right-of-way. He agreed that bike racks should be accessible from the alleys.
Dan Miller, Village Inn owner, requested flexibility to utilize brass instruments for live
entertainment. He asked that they be allowed to remain open until 1:30 a.m. on New Year's Eve.
Jack Callahan commended staff on the accurate report. He indicated support for expansion of the
Village Inn. He suggested additional bike racks be placed all over Balboa Island.
Jari Appelroth provided historical background about noise from the Village Inn and indicated it was
currently quiet and family-oriented. He questioned the length of time staff is proposing to move the
bike rack. He suggested referring to the Village Inn as a family restaurant rather than sports bar.
He urged the City Council to approve the application.
Brenton Roger Ogden III asked if the existing doors would remain. Council Member Peotter explained
that the doors and windows would be replaced. Mr. Ogden expressed concern about noise impacts.
He stated the area was historically a beer garden, but the area's image needed to be improved.
Tommy Crosson urged the City Council to approve the application.
Hearing no further testimony, Mayor Muldoon closed the public hearing.
Mayor Pro Tem Duffield applauded Council Member Peotter for his suggested design and believed it
was a more logical expansion. He expressed support for the compromise.
Council Member Peotter suggested installing enhanced landscaping at the corner. Mr. Miller stated
they were willing to compromise some of the visibility, but still needed to maximize the operation. He
stated they would continue to look for ways to beautify the space and reported that he was comfortable
with the proposed compromise.
Council Member Peotter suggested deliveries be allowed after 7:00 a.m.
4-29
Council Member Dixon complimented Council Member Peotter, the applicant, appellant, and
residents for the compromise.
Council Member Avery asked if Memorandum No. 3 was already agreed upon. He expressed concern
regarding the use of drums and bass sets. Mr. Miller requested the opportunity to retain flexibility
on the types of instruments, while acknowledging the noise ordinance and conditions. Mr. Sullivan
indicated that his objection was to music that penetrated through his walls. Council Member Avery
stated he was pleased with the proposed compromise.
Deputy Community Development Director Wisneski reviewed the proposed changes to the conditions.
She suggested allowing flexibility in the type of doors, landscaping and patio elevation. She stated a
resolution would be brought back to allow the City Council to review the changes.
Motion by Mayor Muldoon, seconded by Council Member Peotter, to incorporate what staff
summarized and bring back the resolution on the Consent Calendar at the February 14, 2017 City
Council meeting.
The motion carried by the following roll call vote:
Ayes: Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member
O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon
Recused: Council Member Herdman 1*
XVIII. MOTION FOR RECONSIDERATION - None
XIX. ADJOURNMENT - 9:47 p.m.
The agenda was posted on the City's website and on the City Hall Electronic Bulletin Board
located in the entrance of the City Council Chambers at 100 Civic Center Drive on
January 19, 2017, at 4:00 p.m.
Mayor
City Clerk
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