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HomeMy WebLinkAbout09 - Port Restaurant and Bar AppealCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. R November 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Jaime Murillo, Associate Planner 949 -644 -3209, jmurillo @newportbeachca.gov SUBJECT: Port Restaurant and Bar Appeal 440 Heliotrope Avenue - PA2009 -080 • Amendment to Use Permit No. 1566 • Off -Site Parking Agreement No. OP2009 -003 APPELLANT: Ali H. Zadeh ISSUE Should the City Council adopt a resolution approving an amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009 -003, subject to findings and conditions? RECOMMENDATION: 1) Adopt Resolution No. (Attachment No. CC1) approving an amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009 -003, subject to findings and conditions. Port Restaurant and Bar Appeal November 24, 2009 Page 2 DISCUSSION Background At the November 10, 2009, City Council meeting, the City Council unanimously voted to uphold the appeal and overturn the decision of the Planning Commission disapproving an amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009- 003. The City Council continued the item to the November 24, 2009, meeting and directed staff to prepare a resolution for approval of the amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009 -003, with findings and conditions. The Minutes from the City Council hearings have been attached for reference (Attachment No. CC2). Pr000sed Conditions of Approval Live Entertainment The resolution includes the following project- specific conditions that would allow live entertainment and establish proper controls to ensure potential noise impacts will be minimized: A Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as incidental and accessory to the primary use of the facility as a restaurant. 2. Live entertainment provided for restaurant patrons intended to enhance the dining experience withi n dance floor or reconfiguring the tables and chairs area shall not be penmitted. 3. Dancing shall not be permitted at any time. shall remain an ancillary use the restaurant. Providing a to provide a dance /assembly 4. The live entertainment use shall be permitted within the interior dining rooms only. Such activities shall be prohibited within the outdoor atrium. 5. Live entertainment shall be permitted between the hours of 5:30 and 11:00 p.m., seven days a week. 6. Live entertainment shall be limited to no more than two performers at any time, including a vocalist. Disc jockeys or similar forms of entertainment shall not be allowed. Port Restaurant and Bar Appeal November 24, 2009 Page 3 7. Permissible musical instruments shall be limited to piano, woodwinds and string instruments, and other instruments that the Planning 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 in conjunction with the proposed operation. 8. All exterior doors and windows of the facility shall be opened only as necessary to allow ingress and egress. The doors and windows of the outdoor atrium are permitted to remain open. 9. Sound levels within the interior restaurant shall be no greater than that specified in Chapter 10.26 of the Newport Beach Municipal Code. To determine the maximum permissible interior sound levels and to develop a set of measuresfrmprovements necessary to ensure compliance, the City shall retain (at the applicant's expense) the services of a qualified engineer specializing in noise /acoustics to monitor the sound generated by the restaurant facility when live entertainment is provided. The monitoring shall occur within 2 weeks of initially providing live entertainment. Any measures or improvements recommended by the engineer to ensure compliance shall be completed within 30 days of monitoring, unless an extension is granted by the Planning Director. Off -Site Parking Agreement & Parking Lot Maintenance and Operation The resolution includes the following project - specific conditions requiring that a revised off-site parking agreement between the City and the applicant be executed, and conditions intended to minimize noise, trash, and parking impacts associated with use of the off-site parking lot: 1. The final off -site parking agreement between the City and the applicant shall be prepared by the applicant's legal counsel for approval by the City Attorney if deemed consistent with the intent of this condition. The final off -site parking agreement shall be recorded on both properties (440 Heliotrope Avenue and 2865 East Coast Highway). The applicant shall provide proof of recordation of the off -site parking agreement, subject to the Planning Director's approval. 2. The Planning Director shall be notified immediately should any changes in the Parking Lease between the applicant and the owner of the off -site parking lot be proposed. 3. The applicant shall require all employees to park within the approved off -site parking lot location. 4. A sign, to be approved by the Planning Director, shall be posted on the front of the premises indicating the location of the off -site parking lot. Port Restaurant and Bar Appeal November 24, 2009 Page 4 5. Storage of any kind shall be prohibited on the off -site parking lot. 6. The off -site parking lot shall be maintained free of litter. The operator shall provide for daily removal of trash, litter, and debris from the off- -site parking lot and all abutting sidewalks within 20 feet. 7. The applicant shall provide security personnel at the off -site parking lot in the evenings between 10:00 p.m. and 15 minutes after closing, in sufficient number, to advise and assist patrons entering and leaving the area in a quiet manner, and to prevent loitering by restaurant patrons after the close of business. 8. In the event the required 39 off -site parking spaces are no longer available for the use of the restaurant, and alternative off -site parking acceptable to the Planning Director is not provided, the net public area of the restaurant shall be reduced so as not to exceed the net public area that existed on the site prior to the March 17, 1977, amendment to this Use Permit. Standard Conditions of Approval Use Permit No. 1566 was last amended on March 17, 1977. At the time, only six conditions of approval were included (Attachment No. CC3). The proposed resolution has updated the original conditions as applicable and includes all current standard conditions applied to eating and drinking establishments. Correspondence A number of letters have been submitted by surrounding property owners reiterating their concems with live entertainment use. Each of these letters includes suggested conditions of approval that could be imposed regulating live entertainment. These letters have been included for the City Council's consideration as Attachment No. CC 4. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). Public Notice Notice of the November 10, 2009, City Council hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the Rem appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Port Restaurant and Bar Appeal November 24, 2009 Page 5 Alternatives The City Council may modify the proposed findings and conditions of approval. Prepared by: e Murillo, Associate Planner Attachments: No. CC1 - Resolution No. Submitted by: David Lepo, PI ing Director No. CC2 — November 10, 2009 City Council Minutes No. CC3- Use Permit No. 1566 minutes, findings, and conditions as amended on March 17. 1977 No. CC3 — Correspondence Received 0 Attachment No. CC 1 Draft resolution and findings for approval OE RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 1566 AND OFFSITE PARKING AGREEMENT NO. OP2009 -003 FOR THE PORT RESTAURANT AND BAR LOCATED AT 440 HELIOTROPE AVENUE (PA2009 -080) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Ali H. Zadeh, applicant and appellant, with respect to property located at 440 Heliotrope Avenue, and legally described as Parcel 1 of Parcel Map 57 -20 (Resubdivision No. 412) requesting approval of an amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009 -003. 2. The appellant proposed the following changes in the operational characteristics of the existing restaurant: 1) Expand the existing hours of operation (5:30 p.m. to 12:00 a.m.) by extending the closing time to 1:00 a.m. seven days a week, and provide lunch service on weekends; and 2) Introduction of live entertainment. The application also includes an off-site parking agreement to allow the continued use of 40 off-site parking spaces on property located at 2865 East Coast Highway for the requested hours of operation. 3. The subject property is located within the Retail and Service Commercial (RSC) Zoning District and the General Plan Land Use Element designation is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan designation is General Commercial (CG -B). 5. Public hearings were held by the Planning Commission on August 20, 2009 and September 17, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at these meetings. 6. At the September 17, 2009, Planning Commission hearing, the Planning Commission unanimously voted to disapprove the amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009. 7. On September 30, 2009, the applicant appealed the decision of the Planning Commission to the City Council. 8. The appellant has modified his request as to limit the extension of the closing hours to three days of week (Thursday through Saturday), as opposed to daily as originally 9 Planning Commission Resolution No. PC200X -XXX Paqe 2 of 12 requested. Pursuant to Section 20.95.060(C) the City Council may only consider the modified request if they deem it relevant. 9. A public hearing was held by the City Council on November 10, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 10. At the November 10, 2009, City Council hearing, the City Council overturned the decision of the Planning Commission and unanimously voted to approve the modified amendment request to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009, subject to certain conditions of approval limiting the hours of operation to 12:00 midnight, seven days a week, and limiting the operation and type of live entertainment. The City Council continued the item to the next scheduled meeting, and directed staff to prepare a resolution of approval, with findings and conditions. 11. A public hearing was held by the City Council on November 24, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). 2. The project involves minor interior alterations involving a negligible expansion of use. SECTION 3. REQUIRED FINDINGS. 1. Pursuant to Section 20.82.060 of the Zoning Code, the proposed expansion in hours of operation and introduction of live entertainment are considered major changes in operational characteristics requiring an amendment to the Use Permit. In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding A. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: A -1. The site is located in the Retail and Service Commercial (RSC) District. This district is intended to provide areas which are predominantly retail in character, but also allows service and office uses. Easting and drinking establishments are E Planning Commission Resolution No. PC200X -XXX Paae 3 of 12 considered service commercial uses that serve both permanent residents and visitors of the area. The existing restaurant is consistent with the RSC District. Finding: B. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Su000rt of Finding: B -1. The live entertainment use within the existing restaurant, pursuant to the conditions of approval regulating operation and maintenance of the use, is consistent with the Corridor Commercial (CC) land use designation of the General Plan. This designation allows a range of neighborhood- serving retail and service uses along the street frontages that are located and designed to foster pedestrian activity. B -2. JEC, an electrical contractor specializing in audio engineering, prepared a noise study to determine whether live entertainment can be provided within the restaurant in compliance with the City's Community Noise Control Ordinance. The JEC noise study concludes that noise levels observed for both the live band and recorded DJ music did not exceed the allowable exterior noise levels for the adjacent residential uses. Newport Beach Police Detectives were on -site during the sound tests to observe the testing and to conduct additional sound measurements. The Detectives used a handheld sound level meter to take several measurements in and around the business area. Their measurements were similar to those of the JEC tests and found that the sound measurements did not exceed the maximum allowable exterior noise levels of the City's Community Noise Control Ordinance. B-3. Noise impacts and disturbances do affect the neighboring residential units, and without proper controls can prove detrimental to the surrounding community. By establishing proper controls and conditions, potential noise impacts will be minimized. In addition to complying with all applicable Municipal Code sections pertaining to the control of noise, a number of conditions contained in Exhibit "A" have been adopted to control potential noise - related problems. Finding: C. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Planning Commission Resolution No. PC20OX -XXX Page 4 of 12 Facts in Support of Findin C -1. The existing restaurant is consistent with the legislative intent of Chapter 20.15 (Commercial Districts) of the Zoning Code. Section 20.15.020 requires approval of a use permit for restaurants in the RSC District. The current restaurant operates pursuant to Use Permit No. 1566. C -2. The proposed live entertainment is considered an ancillary use to the existing restaurant. The Zoning Code does not require any specific conditions pertaining to the operation of live entertainment. 2. Pursuant to Section 20.66.080 of the Zoning Code, off- street parking on a separate lot from the project site requires the approval of an off-site parking agreement. In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. Facts in Support of Finding: A -1. The subject off -site parking lot is located at 2865 East Coast Highway, directly across the street from the subject restaurant facility. A -2. The 40 parking spaces in the off-site parking lot satisfy the parking requirement of 39 parking spaces. A -3. The off -site parking lot is located within walking distance (approximately 50 feet) of the subject facility. Finding: B. Parking on such lot will not create undue traffic hazards in the surrounding area. Facts in Support of Finding: B -1. Since at least 2003, the restaurant has used the subject off -site parking lot to satisfy its parking demand and this has not created an undue traffic hazard in the surrounding area to date. B -2. Heliotrope Avenue is not a heavily - traveled street and vehicular traffic is not anticipated to create a hazard for patrons crossing the street. \a, Planning Commission Resolution No. PC200X -XXX Paae 5 of 12 B -3. Accessibility and path of travel from the parking lot to the restaurant were previously reviewed and approved by the City in conjunction with the most recent tenant improvement plans for Svelte (prior name of restaurant) in 2003. Finding: C. Parking is permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: C -1. The applicant has submitted a three -year lease for the use of 40 parking spaces, which expires on September 1 , 2011, after which time tenancy is month -to- month. C-2. The lease authorizes the applicant use of the off -site parking lot between the hours of 5:30 p.m. and 2:00 a.m., Monday through Friday, and between 10:00 a.m. and 2:00 a.m., Saturday and Sunday. C -1 A majority of the 20,300 - square -foot commercial building at 2865 East Coast Highway is currently vacant. Current tenants are classified as general office uses. According to the property manager of the building, the office uses within the building maintain business hours of between 8:00 a.m. to 5:00 p.m., Monday through Friday. Given the nature and design of the building, general office type uses will continue to be the predominate use of the building and parking will remain available for use by the proposed restaurant in the evening hours and on weekends. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves the amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009 4103, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This resolution shall take effect immediately upon adoption. 3. The conditions of approval supersede the conditions of approval included in the resolution of the Planning Commission on March 17, 1977, approving Use Permit No. 1566 which, upon vesting of the rights authorized by this amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009 -003, shall become null and void. 4. The City Council of the City of Newport Beach hereby directs the City Clerk to mail notice of this decision to the applicant and appellant within five working days of the date of this decision. 15 Planning Commission Resolution No. PC200X -XXX Paqe 6 of 12 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the November 24, 2009 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS 3T.TreTZI ATTEST: CITY CLERK 14 Planning Commission Resolution No. PC200X -XXX Paae 7 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL (Project - specific conditions are in italics) Project Specific Conditions The development shag be in substantial conformance with the approved site plan and floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009- 003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. No portion of the proposed entry door located at the street right -of -way shall open into the public right -of -way. The Building Department shall also review and approve the door placement prior to installation. 4. All applicable conditions of approval of Accessory Outdoor Dining Permit No. OD2003- 002 shall apply and remain in force. 5. Hours of operation shall be limited to between 5:30 p.m. and 12:00 midnight, Monday through Friday, and between 11:00 a.m. to 12:00 midnight, on Saturday and Sunday. 6. This approval is only for the establishment of a Full- Service, Low Turnover eating and drinking establishment as defined by Title 20 of the Municipal Code, with the principal purpose being the sale or serving of food and beverages with sale and serving of alcoholic beverages incidental to the food use. 7. A total of 39 parking spaces shall be maintained at the off- -site parking lot located at 2865 East Coast Highway. 8. The final off -site parking agreement between the City and the applicant shall be prepared by the applicant's legal counsel for approval by the City Attorney if deemed consistent with the intent of this condition. The final off -site parking agreement shall be recorded on both properties (440 Heliotrope Avenue and 2865 East Coast Highway). The applicant shall provide proof of recordation of the off -site parking agreement, subject to the Planning Director's approval. 9. The applicant shall require all employees to park within the approved off- -site parking lot location. 10. Storage of any kind shall be prohibited on the off -site parking lot. 15 Planning Commission Resolution No. PC20OX -XXX Paae 8 of 12 11. The Planning Director shall be notified immediately should any changes in the Parking Lease between the applicant and the owner of the off -site parking lot be proposed. 12.A sign, to be approved by the Planning Director, shall be posted on the front of the premises indicating the location of the off-site parking lot. 13. The off- -site parking lot shall be maintained free of litter. The operator shall provide for daily removal of trash, litter, and debris from the off -site parking lot and all abutting sidewalks within 20 feet. 14. In the event the required 39 off -site parking spaces are no longer available for the use of the restaurant, and alternative off -site parking acceptable to the Planning Director is not provided, the net public area of the restaurant shall be reduced so as not to exceed the net public area that existed on the site prior to the March 17, 1977, amendment to this Use Permit. 15. A Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as incidental and accessory to the primary use of the facility as a restaurant. 16. Dancing shall not be permitted at any time. 17. Live entertainment provided for restaurant patrons shall remain an ancillary use intended to enhance the dining experience within the restaurant. Providing a dance floor or reconfiguring the tables and chairs to provide a dance /assembly area shall not be permitted. 18. The live entertainment use shall be permitted within the interior dining rooms only. Such activities shall be prohibited within the outdoor atrium. 19. Live entertainment shall be permitted between the hours of 5.30 and 11:00 p.m., seven days a week. 20. Live entertainment shall be limited to no more than two performers at any time, including a vocalist. Disc jockeys or similar forms of entertainment shall not be allowed. 21. Permissible musical instruments shall be limited to piano, woodwinds and string instruments, and other instruments that the Planning 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 in conjunction with the proposed operation. k Planning Commission Resolution No. PC20OX -XXX Paae 9 of 12 22. All exterior doors and windows of the facility shall be opened only as necessary to allow ingress and egress. The doors and windows of the outdoor atrium are permitted to remain open. 23. Sound levels within the interior restaurant shall be no greater than that specified in Chapter 10.26 of the Newport Beach Municipal Code. To determine the maximum permissible interior sound levels and to develop a set of measures✓rmprovemenls necessary to ensure compliance, the City shall retain (al the applicant's expense) the services of a qualified engineer specializing in noise /acoustics to monitor the sound generated by the restaurant facility when live entertainment is provided. The monitoring shall occur within 2 weeks of initially providing live entertainment. Any measures or improvements recommended by the engineer to ensure compliance shall be completed within 30 days of monitoring, unless an extension is granted by the Planning Director. 24. The applicant shall provide security personnel at the off site parking lot in the evenings between 10:00 p.m. and 15 minutes after closing, in sufficient number, to advise and assist patrons entering and leaving the area in a quiet manner, and to prevent loitering by restaurant patrons after the close of business. 25. The applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 26. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of this project including, but not limited to, the approval of the amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009 -003; and/or the City's related California Environmental Quality Act determinations. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attomeys' 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. Standard City Conditions 27. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. IZ Planning Commission Resolution No. PC200X -XXX Paae 10 of 12 28. 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. 29.The applicant is required to obtain all applicable permits from the City Building and Fire Departments. 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. 30. Grease interceptors shall be installed, if not already provided, on all fixtures in the restaurant where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. 31.AII exits shall remain free of obstructions and available for ingress and egress at all times. 32. Strict adherence to maximum occupancy limits is required 33. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 34.This Use Permit may be modified or revoked by the City Council or 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. 35.Any change in operational characteristics, hours of operation, 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. 36.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. 37.The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 38. VIP passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order, or sale of drinks is prohibited. 39. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage 19 Planning Commission Resolution No. PC20OX -XXX Paae 11 of 12 or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 40. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 41. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 42. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 43. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 44.The use permit approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 45.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, include any form of on -site media broadcast, or any other activities as specked in the Newport Beach Municipal Code to require such permits. 46. A full service menu must be available until one -half hour before closing time. 47.The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 48.AII mechanical equipment shall be screened from view of adjacent properties and adjacent public streets within the limits authorized by this permit, and shall be sound attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. 49. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall Vq Planning Commission Resolution No. PC200X -XXX Page 12 of 12 comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 50. No outside paging system shall be utilized in conjunction with this establishment. 51.All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self- latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. 52. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 53. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 54. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 55.A covered wash -out area for refuse containers and kitchen equipment, with minimum useable area dimensions of 36- inches wide, 36- inches deep and 72- inches high, shall be provided, and the area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternate drainage plan. 56. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 57. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 58. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. _10 Attachment No. CC 2 November 10, 2009, City Council Minutes 2.1 Z1- City Council Regular Meeting Page 7 of' 14 Hears o further testimony, Mayor Selich closed the public heariyg/ Motion by Co—ttncjl Member Gardner, seconded ouncil Member Webb to a) direct staff to prepay report for November 009 to announce the results of the Proposition `218 procedure as ulated by dy Clerk: and b) introduce Ordinance No. LW9.29 on November 24, 2009 ame Chapter 14.12, Water Rates and Charges, of the Newport Beach Municipal Code, pass to d reading on December 8, 2009. The motion carried by th owing roll call vote: Ayes: Council er Henn. Council Member Rusansky, Mayor Pro Curry, Mayor Selic ouncil Member Webb, Council Member Gardner, Council Mem gle 16. PORT RESTAURANT AND BAR APPEAL - 4400 HELIOTROPE AVENUE (PA2009- 080) - AMENDMENT TO USE PERMIT NO. 1566 AND OFF -SITE PARKING AGREEMENT NO. OP2009 -00. (100 -2009/ Staff Report Associate Planner Murillo provided a brief history of the use permit and noted that the restaurant was cited twice for having live entertainment without a permit. He stated that the applicant is requesting an extension to the current closing time and a live entertainment permit, and would like to extend his off -site parking agreement. He indicated that staff recommends that Council uphold the Planning Commission's decision to deny the permit. Mayor Selich opened the public hearing. Dennis O'Neil, counsel for the applicant, clarified the changes that the applicant requested. Ali Zadeh, applicant, utilized a PowerPoint presentation that included the intended use, change in food service to include lunch on weekends, and the desire to have live entertainment. He also displayed the floor plan and Port atrium after conversion, and discussed noise concerns, future noise control measures, the noise studies, security and parking personnel, the restaurant's location, off -site parking, sales from 2007, and the proposed closing hours. In response to Council Member Gardner's question, Mr. Zadeh .stated that the previous owner had live entertainment and indicated that he did not realize that he could receive citations during the application period. Dick Nichols suggested that Council approve the closing hours of 12:30 a.m. on Thursdays and 1:00 a.m. on the weekends. Mark Labmn expressed support for the proposed amendments and believed that the plan to have patrons park in the off -site parking lot will help diffuse resident concerns. Sara Savier expressed support for the proposed amendments and noted that the owner is receptive in making changes W abide with City requirements. Kent Moore expressed support for the proposed amendments and urged Council to read the sound engineer's report. Walter Seabring expressed support for the proposed amendments and asked Council to approve Mr. Zadeh's request. Dawn Stone expressed opposition to the proposed amendments, stated that people loiter after the restaurant is closed, and urged Council W deny the permit. Nancy Morran- Sanchez expressed support for the proposed amendments and believed that http:// newportbeach. granicus. com/ MinutesViewer .php ?view_id= 26 &clip_id =1074 11/18/2009 23 City Council Regular Meeting the owner is responsible and sincere. Page 8 of 14 Debbie Boedwin expressed support for the proposed amendments and stated that the owner cares about the community. Lmdsey Watkins expressed support for the proposed amendments and indicated that the restaurant is an exciting and fun place to work, and the owner adores the patrons. Dieter Brunner expressed opposition for the extension of hours, stated that parking is bad, and provided photos. Allen .Aria expressed support for the proposed amendments and encouraged Council to approve the appeal. Greg Brisco expressed support for the proposed amendments and stated that the restaurant has a great atmosphere and an owner who cares. Jennifer Barnier expressed support for the proposed amendments and stated that she has not experienced any parking or noise issues. Matthew Gudurf expressed opposition to the proposed amendments and addressed operating hours, noise, live entertainment., and parking problems. He believed that the renovation will create more noise, thanked the Police Department and Code Enforcement Officers, and urged Council to deny the appeal. Jeff Wright expressed support for the proposed amendments and provided information as to why the restaurant is important to him. Carl Cassidy expressed support for the proposed amendments and asked Council not to exercise their right to eminent domain. Sally Cheeseboro expressed opposition to the extension of hours and expressed concern about the effects of the restaurant on her property value. Scott Dalton expressed support for the proposed amendments and indicated that there are no other classy restaurants in the area. Grant Welton expressed opposition to the amendments and indicated that changing the closure time to a later time will not help. Carol Ann Rohr expressed opposition to the proposed amendment and discussed issues associated with the modification, interior noise standard, amplified music, and live entertainment. She provided letters to Council from concerned residents and urged Council to deny the appeal. Shalon Shamblu expressed support for the proposed amendment to the use permit. Chris Beaufort expressed opposition to the proposed amendment and expressed concern that the changes might pave the way for the restaurant to operate as a night club. He stated that the residents are impacted nightly. He clarified that he does not want the restaurant to close; however, he would like to keep the area tolerable for the residents. Hamid Alwafati expressed support for the proposed amendments and asked Council to allow the owner to make the changes. Summer Wheeler expressed support for the proposed amendment and stated that the restaurant is a classy establishment. Keith Kraus expressed support for the proposed amendment and discussed calls made to the http:// newportbeach. granicus. com/ MinutesViewer .phplview_id= 26 &clip_id =1074 11/18/2009 21j City Council Regular Meeting Police Department. Page 9 of 14 Leann Progberg expressed support for the proposed amendment and stated that the restaurant is safe and enjoyable. Dennis O'Neil suggested that Council approve the amendments and allow the Planning Commission to conduct a six month review. He noted that the applicant attempted to meet and confer with the residents. Hearing no further testimony, Mayor Selich closed the public hearing Council Member Gardner expressed concern that the use permit could be used by future owners. She questioned the type of live entertainment that would be permitted, believed that the extension of hours will result in more noise, and indicated that a six month review is not feasible. However, she expressed support for the proposed lunch hours on the weekend. Council Member Henn expressed support for isstung a live entertainment permit with restrictions, provided that the permit can only be used by the applicant. He recommended having a 6 or 12 month Planning Commission review and expressed opposition to the extension of the operating hours. Mavur Pro Tern Curry agreed that a 1:00 a.m. closing time is too late, expressed support for the extension of the parking agreement, and believed that the live entertainment permit should be approved with restrictions. Council Member Webb expressed opposition to the extension of hours, but expressed support for issuing a live entertainment permit with restrictions, extending the off -site parking agreement, and allowing lunches to be served on weekends. Council Member Daigle suggested that Council strike a balance to allow the business to survive and flourish while taking the residents into consideration. She also expressed support for a live entertainment permit and weekend lunches. In response to Council Member Gardner's questions, City Attorney Hunt clarified that the use permit does run with the land and stated that Council can require a special event permit or license outside of the use permit, as long as there are appropriate restrictions. He discussed different ways Council could allow live entertainment. He suggested that Council make a motion to uphold the appeal as it relates to the extension of operating hours, but overturn the decision on the parking agreement and weekend lunches. He also stated that Council can consider the live entertainment permit with limitations. Council Member Daigle suggested that decibel levels be included in the live entertainment permit. Mr. Zadeh urged Council to grant him the extension of hours and stated that he is willing to have a trial period, including requiring a Planning Commission review. He requested that amplified sound be included in the live entertainment permit. In response to Mayor Selich's question, Assistant City Manager Wood clarified that a live entertainment permit will be required and granted to the operator until the business is sold. She also stated that the Citv could limit the extent of the live entertainment and clarified that each individual operator would need to apply for a permit.. http:// newportbeach. granicus. com/ MinutesViewer .php?view_id= 26 &clip_id =1074 11/18/2009 zs City Council Regular Meeting Page 10 of 14 Motion by Council Member Gardner,__�;tq nded by Council Kember Webb to a) adopt Resolution No. 2009.76 with amendments to the Use Permit No. 1566 to include weekend lunch and extension of the Off -Site Parking Agreement No. OP2009 -003; b) uphold the decision of the Planning Commission to disapprove the extended hours; and c) bring the Live entertainment issue back to Council for review. The motion carried by the following roll call vote: Ayes: Council Member Henn, Council Member Rosansky, Mayor Pro Tem Curry, Mayor Selich, Council Member Webb, Council Member Gardner, Council Member Daigle 17. NORTH NEWPORT CENTER PLANNED COMMUNITY AMENDMENT (PA2009 -111) CODE AMENDMENT NO. CA2009 -005 AND PLANNED OMMUNITY D LOPMENT PLAN AMENDMENT NO. PD2009 -003 - CON 7DERATION TO IN RPORATE PORTIONS OF BLOCK 100, B/APFC-28, LOCK 800, AND NE RT VILLAGE INTO THE NORTH NETER PLANNED COMM NITY AND A CODE AMENDMENT THE ZONING CLASSI CATION OF THESE PROPERTIES FROM PC -23, AND PC -27 TO PC-56 DISTRICT MAP NOS. 48, 49, AND 50. Staff Report Planning Manage Alford reported that The Irvine mpany proposed incorporating their property holdings i o a Planned Community. Dan Miller, The Irvine ompany, stated that th are in agreement with the staff report. In response to Council M bet• Gardner's uestion, Mr. Miller stated that the Block 800 senior housing height was wrected by ff to make it consistent with existing zoning requirements. In response to Mayor Pro Tern question, Planning Manager Alford discussed view plane issues. �( Mayor Selich opened the public earin In response to Barry Allen' uestion, \aointed Manager Alford explained the placement of the Newport Village Plan d Commu out that the bus station will remain at its current location. In response to Georg Jeffries' questions, Aesieta t City Manager Wood explained that the General Plan does of include building heights a Nhe�ver, d that the rooftop appurtenances can exceed th/bding height limit by 20 feet; there are no limits on square footage buts tion on the range of featureMiller explained that the height limit was 375 hen the Planned Community ated and was lowered to 295 feet two years ag Carol Mc ermott, Government Solutions, expressed suppo for The Irvine Company's request d requested that 100 Newport Center Drive, 800 a 856 San Clemente Drive, the Or nge County Art Museum, 2071 -2095 San Joaquin Hills ad, 2101 and 2131 San Joaq n Hills Road, and 2161 San Joaquin Hills Road be added to a Planned Community. She tared that they will work with staff on a separate application nd requested that the eq re footage not be allowed to be included in Block 100. In response to Mayor Pro Tern Curry's questions, Mr. Miller state that The Irvine Company is okav with adding properties to the Planned Community, Ving a separate application. He stated that they are permitted to transfer square footage, ir,,long as it does not exceed the existing square footage allowed in Block 100. Planning Manager Alford hnp: / /ncwport beach. granictis. com/ MinutesViewer .php ?view_id= 26 &clip_id =1074 11/18/2009 26 Attachment No. CC 3 Use Permit No. 1566 minutes, findings, and conditions as amended on March 17, 1977 ?-I COMMISSIONERS .) City ' of Newport Beach MINUTE Marrh 17. 1 ()77 ROLL C INOR Larry Sommers, Emkay Development Company, appeared efore the Commission in connection with the am e ent and had no objection to the continuance. Roman Kallme Architect, 1201 Dove Street, advis he had no object to the continuance and felt that it may be to thei -r advantage under the circumstances. ''lotion Oyes X X X X X X X Following discussion, motion was made that Amendment No. 490 and Use Permit No. 1 (Amended 4bsent X be continued to the meeting of April 7, 19 Commissioner Seely declared himself to be in conflict of interest on the following item and therefore stepped down from the dais and refrained from deliberation in connection therewith. Item #6 Request to permit the expansion of the Pirates USE PER T.—M LRWEE Inn restaurant facility in the C -1 District, and the acceptance of an offsite parking agreement for the required parking spaces. APPROVE Location: Parcel 1 of Parcel Map 57 -20 (Resubdivision No. 412) located at MR-_ TrWLL 440 Heliotrope Avenue; on the south- easterly side of Heliotrope Avenue, between East Coast Highway and - First Avenue in Corona del Mar. Zone: C -1 Applicant: John E. Soukeras, Corona del Mar Owner: Same as Applicant Staff distributed a letter received from Donald G. Clark in support of the request and answered questions of the Commission relative to the off - site parking lot and required agreement. Public hearing was opened in connection with this matter. John Soukeras, 440 Heliotrope Avenue, Corona del 2� CbMMISSIONERS 90F 1� �0,� ?�'!•v 1G,;�R� Ci } `y Of Newport Beach MINUTE }$a March 17, 1977 ROLL CALL Mar, applicant, appeared before the Commission and commented on his desire to upgrade the restaurant and provide a waiting area for custor ers. He also commented on the condition to pro• vide valet parking and felt it would eliminate several on- street parking spaces and cause congestion in front of the restaurant. He woul prefer to post a sign advising of the parking location and advised he has had no parking prob in the past and did not anticipate any in the future. Mr. 5oukeras answered questions of the Commission relative to the proposed expansion ai his ability to obtain a three -year lease for th off -site parking lot. Donald G. Clark, 411 Heliotrope, Corona del Mar appeared before the Commission in support of th request and felt that the restaurant was an ass to the community. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make t Ayes X X X X X following findings: Absent X X 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that the do not contemplate any problems. 4. The proposed parking spaces for the expandec restaurant use on a separate lot from the building site are justifiable for the follov ing rearons: a. The subject parking lot is located only 200 feet from the restaurant site. b. Parking on the off -site parking lot wil not create undue traffic hazards in the surrounding area. C. The applicant can provide a long term agreement for the use of the subject pa, ing lot during the evening hours of the id , 't he y k - $Not 'COWAISSIONERS i City of Newport Beach Marrh 17 1077 POLL CALL week when the restaurant will be in operation. 5. The approval of Use Permit No. 1566 (Amende will not, under the circumstances of this c be detrimental to the health, safety, peace morals, comfort and general welfare of persi residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1566(Amended) subjec to the following conditions: I. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all mechanical equipment and trash are shall be screened from adjoining properties and from adjoining streets. 3. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 40 parking spaces shall b maintained at the easterly corner of Second Avenue and Goldenrod Avenue for at least three years. if the applicant loses the us of the subject parking spaces at a later da and cannot obtain the required number of pa ing spaces at another approved location, th net public area of the restaurant facility shall be reduced so as not to exceed the ne public area that currently exists on the si 4. That the hours of the operation of the rest rant facility sh,rll be liaited from 5:30 P. to 12:00 Midnight, daily, unless an offsite parking agreement is approved for parking spaces during daytime hours. 5. That a sign be posted on the front of the premises indicating the location of the off site parking lot, said sign to be approved by the Department of Community Development. 6. The approval for the sale of alcoholic beverages in the expanded restaurant shall be for a three year period from the effecti date of this action, and any request for MINUTE: rs Is a to ,k t to ru- 1. ve I N 0 R: COMMISSIONERS City of Newport Beach March 17. 1977 MINUTE TOLL CALL MOC extension shall be acted upon by the Modifi- cations Committee. The extension of the original Use Permit No. 1566 is hereby terminated. Commissioner Hummel advised that as a local resident, he had no objection to the restaurant because of its quiet low -key nature, however, he voiced concern with parking in the area and felt that valet parking would be detrimental and cause more congestion. Commissioner Seely returned to the dais. Item N Request to permit the construction of second USE PE floor room additions so as to expand The Surfer W._18 take -out restaurant facility in the C -1 District. Further request to waive all of the required DENIES parking spaces in conjunction with the proposed development. Locat''on: A portion of Lot 1, Block 22, Newport Beach, located at 2200 West Ocean Front, on the northerly cornet of West Ocean Front and 22nd Street n McFadden Place. Zone: C -l' Applicant: Francis rsini, Costa Mesa Owner: Same as Applicant Public hearing was opened in ion with this matter. Fran Ursini, 1803 Hummingbirdesa, applicant, appeared before thss' n and advised that the restaurant heen sed to Nadding its full potential with respetlowab occupancy load and rather thaadding t les, he would like to remodel the floor. He conc urred there was a parking m in the are but felt it would exist regarf the 3 Attachment No. CC 4 Correspondence Received 33 34 November 18, 2009 City Council of Newport Beach Re: Amendments to Use Permit 1566 Port Restaurant & Bar Dear City Council Members, Thank you for your careful consideration of the issues at the November 1014 hearing resulting in the decision not to extend the operating hours for the Port Restaurant & Bar. The live entertainment portion of the Amendment was adamantly opposed by Code Enforcement and the Newport Beach Police Department and resulted is a unanimous denial by your Planning Commission. 'they all cautioned against allowing the restaurant/bar to become, or take on characteristics of, a nightclub. The history of violations by the Port owner and staff over a two year period supports the Police Department's admonition that past actions are an indicator of future performance. With this in mind, I and the concerned residents request that you adopt the most restricted Acoustic, Non - Amplified Entertainment Permit Modification possible. Restrictive, enforceable parameters should include the following: 1. No amplification of any kind, which will also forbid the use of any internal sound system. All performances must be acoustic (unplugged). No DJ's and DJ music. The allowed music should be "background" type music fitting for the "fine dining" establishment the owner maintains he wishes to operate. It is critical that the music does not change the Port from a restaurant to a nightclub type environment, which would also change the type of clientele. 2. Hours for entertainment should be strictly limited to 9pm on Sunday through Thursday, when residents have work and/or school the next day; and, limited to I Ipm on Friday and Saturday. These hours should be more than ample for a 'rne dining" establishment. 3. All exterior doors and windows, including openings to the atrium, must be closed after 9:00 pm. This will help keep any loud talking, laughing, yelling, as well as the live entertainment, from traveling into the neighborhood and disturbing the residents. 4. The restrictions recommended by the Code Enforcement Division as well as the Newport Beach Police Department in the prior Staff Reports, should be considered and incorporated. (Please see, November 10, 2009, City Council Staff Report. pp. 81 -83) In order to achieve the goal that the live entertainment does not disturb the residents of the neighborhood, it is suggested that there be a limit of one (1) musician playing one of the allowed instruments, such as an acoustic guitar, piano, harp, violin, bass or flute. Forbidden instruments should include drums of any kind, horns, clarinets, electronic keyboard, electric guitar (including bass guitars) xylophones and xylophones type instruments which use any type of stick on any surface. I thank you for your anticipated adherence to the "residents first" commitment of the Vision Statement and General Plan for Newport Beach and its "village" of Corona Del Mar. Respectfully Submitted Carol Ann Rohr 429 Heliotrope Av . S' Murillo, Jaime From: Chris Beaufort Icbeaufort@roadrunner.coml Sent: Monday, November 16, 2009 9:38 PM To: City Council Cc: Murillo, Jaime Subject: Port Restaurant CUP appeal follow -up Honorable City Council, I'm writing to follow up on the Port Restaurant and Bar CUP appeal considered at the November 10th City Council meeting. I first want to thank you all for the time and attention that you paid to the issue. I was pleased that the Council recognized these important points: - Changes to the Conditional Use Permit are tied to the land and can have unintended consequences. - A 1:OOAM closing time and amplified entertainment are incompatible with the neighborhood due to the Port's embedded location. - The applicant has historically had difficulty operating within the constraints of even the current Use Permit. - Many of the Port's advocates at the meeting believed that something is being taken away from the Port. However, the same circa -1977 Use Permit that was in force when we bought our house on Heliotrope Ave. in 1994 was in force when Mr. Zadeh started the Port in 2006 -2007. At no time during this process have the opponents of the Port's application asked that Mr. Zadeh's privileges /rights be reduced with regard to that 1977 Use Permit. I am disappointed that the live entertainment issue is not completely resolved. As the Newport Beach Police and Code Enforcement departments have documented, Mr. Zadeh and his staff have repeatedly offered live entertainment in violation of the current Use Permit. As recently as October 30th of this year, the Port has advertised a live DJ on its Facebook page. And I note that right before the Council's vote on the matter this past Tuesday night, Mayor Selich asked Mr. Zadeh to the podium to discuss how an acoustic, non - amplified entertainment permit might be structured, yet Mr. Zadeh began to discuss (again) the need for a 1:OOAM closing time and a decibel- limited sound system. Given the Port's past history of end runs around the constraints of its current Use Permit and Mr. Zadeh's persistence in pressing the need for live amplified entertainment, I'd like to request that your staff keep the local residents informed as the acoustic, non - amplified entertainment permit modification is drawn up. I believe that the language needs to be very specific so that the permit is enforceable. 16 Thank you, Chris Beaufort 425 Heliotrope Ave. (My email provider is changing my email address from "cbeaufort( adelohia.net" to "cbeaufortProad runner. com ") 3-1 Murillo, Jaime From: Matt Gudort Imgudort@uci.eduj Sent: Monday, November 16, 2009 2 32 PM To: Gardner, Nancy. Murillo, Jaime Cc: City Council Subject: Amendments to Permit 1566 , Port Restaurant Councilwoman Nancy Gardner, I am writing to thank you for your support as a resident of" Heliotrope Ave.. Your understanding of the residents' issue with amending permit 1566 was clearly influential in the decision not to extend the operating hours. As the council moves forward with drafting and adopting some form of allowable entertainment I hope that you will continue to be an advocate for those that live in close proximity to the restaurant. As 1 mentioned during the public hearing this is not about the current owner but rather the Use Permit that the operation must conduct business under. The residents all understood that 440 Heliotrope was zoned commercial when they moved in and that a restaurant would be operating in the location and the ramifications of such a business being located in the neighborhood. What all of us are against is the parameters of that business being allowed to now change. As changes to permit 1566 are drafted 1 encourage you to make certain that the language used is enforceable by not only the Newport Beach Code Enforcement Division but by the Newport Beach Police Department as well. I make this request because during the deliberations at the last city council meeting the conversation included talk of a decibel limit. This is extremely difficult to enforce and can open the door for the permit holder to have a DJ or live band with amplified sound equipment. The NBPD generally do not patrol with dB meters in their cars, that said citing someone for noise level violations becomes very difficult and are easily challenged in court. The criteria that I would like to see included is as follows: • No amplification of any kind, all performances must be acoustic • No DJ music • Hours for live entertainment should be restricted to 9pm Sunday - Thursday and 1 Ipm on Friday and Saturday • All doors and windows must be closed after 9pm including openings to the "Atrium" I ask that the council also consider the restrictions recommended by the Code Enforcement Division as well as The Newport Beach Police Department in the Staff Report. In closing 1 would like to address the renovations that were proposed by the owner of permit 1566 to the buildings openings. As I noted during the public hearing one of the proposed changes is expressly prohibited by the outdoor dining permit issued in December of 2003 and listed as note 44. Please review the proposed changes when considering the live entertainment as the changes will increase the possibility for sound to leave the building, this includes incidental sound such as conversations, yelling, or laughter which can be perceived as annoying to those living in close proximity. Thank You, Matt Gudorf Resident 432 1/2 Heliotrope Ave 19 ACOUSTIC, NON. AMPLIFIED ENTERTAINMENT PERMIT MODIFICATION NO MORE TITAN ONE (1) MUSICIAN WITH NO AMPLIFICATION AND NO USE OF AN INTERNAL SOUND SYSTEM. NO DJ (DISC JOCKEY), NO RAPP EXAMPLES OF ALLOWED INSTRUIMF,NTS: GUITAR (ACOUSTIC), PIANO, HARP, VIOLIN, VIOLA, BASS, FLUTE, (ALL "UNPLUGGED ") EXAMPLES OF FORBIDDEN INSTRUMENT S: DRUMS OF ANY KIND, HORNS, INCLUDING CLARINETS, ELECTRONIC KEYBOARD, ELECTRIC GUITAR, (INCLUDING BASS GUITARS), XYLOPHONE AND XYLOPHONE TYPE INSTRUMENTS WHICH USE ANY TYPE. OF STICK ON ANY SURFACE. NOTE: SOMEONE SINGING IS CONSIDERED A MUSICIAN. THE SINGER CAN PLAY ANY OF THE ALLOWED INSTRUMENTS (FOR EXAMPLE, THEY CAN PLAY A PIANO AND LATER IN THE EVENING THEY CAN PLAY A FLUTE). LIMITED HOURS FOR THE RESTRICTED LIVE ENTERTAINMENT: 5:00 P.M. TO 10:00 P.M. ON ALL NIGHTS THAT I'RECEED A WEEKDAY, I.E. SUNDAY THROUGH THURSDAY. THURSDAY. "PHIS IS TO BE STRICTLY ADHERED TO ALLOWING THE LOCAL. RF.SIDF.NTS AN EIGHT (8) HOUR 'SLEEP' WINDOW IN ANTICIPATION OF A WORK OR SCHOOL DAY. 5:00 P.M. TO 11:00 P.M. ON FRIDAY AND SATURDAY NIGI ITS. NOTE: ALL FXTERIOR DOORS AND WINDOWS, INCLUDING OPENINGS TO THE ATRIUM, MUST BE CLOSED DURING THE TIME THAT THE LIVE ENTERTAINMENT IS BEING PERFORMED. THESE DOORS/WINDOWS MUST BE CLOSED BEGINNING AT 9:00 P.M. UNTIL THE END OF ALL LIVE ENTERTAINMENT PERFORMANCES. 3Q November 10, 2009 Newport Beach City Council CITY HALT. 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Re: Port Restaurant & Bar / Project File No.: PA2009 -080 City Council and Planning Staff: I am the owner of the commercial building located at 2919 E. Coast hwy in Corona Del Mar, which happens to be immediately adjacent to the Port Restaurant & Bar.l wish to comment on this application for extended hours and live entrainmcnt by the restaurant. Port Restaurant property open atrium area is located 15 -20 feet away from the rear wall of my upstairs apartment. The speakers and DJ stand was located against the adjacent restaurant wall connecting apartment wall. With this close proximity to the DJ this creates a transfer of the sound and vibrations then travel directly up the wall of the apartment. These vibrations and sounds then affect the ability to live in a acceptable apartment environment. The sound tests that were conducted with the city supervision were not completed on my property or with my knowledge or their knowledge at the time of the apartment. I would first request a new sound study including the apartment be completed before any approval of the live entertainment or expansion of use or hours is granted. Secondly, please consider to impact of loud customers in the parking lot adjacent to this property at 2919 Coast Hwy which the apartment is located directly above. Respectfully, Gary Sauter X10 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No j1 — November 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Jaime Murillo, Associate Planner 949 - 644 -3209, jmurillo @newportbeachca.gov SUBJECT: Port Restaurant and Bar Appeal 440 Heliotrope Avenue - PA2009 -080 • Amendment to Use Permit No. 1566 • Off -Site Parking Agreement No. OP2009 -003 APPELLANT: Ali H. Zadeh ISSUE Should the City Council uphold the decision of the Planning Commission to disapprove an amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009- 003? RECOMMENDATION: 1) Conduct a de novo public hearing; and 2) Adopt Resolution No. (Attachment No. CC1) denying the appeal and upholding and affirming the decision of the Planning Commission to disapprove an amendment to Use Permit No. 1566 and disapprove Off -Site Parking Agreement No. OP 2009 -003. Port Restaurant and Bar Appeal November 10, 2009 Page 2 INTRODUCTION Proiect Settin The subject restaurant is located on the eastern side of Heliotrope Avenue, approximately 150 feet south of East Coast Highway in Corona del Mar. To the north, across Heliotrope Avenue, is a three -story office building and related off - street parking; to the east are the Port Theater, a retail boutique, hair salon, and one residential apartment; to the south is a two -story office building and a residential neighborhood beyond; and to the west, across Heliotrope Avenue, is a residential neighborhood. The off -site parking lot proposed for use by the appellant is located directly across Heliotrope Avenue at the intersection of Second Avenue and serves as the off - street parking for the three -story office building. Background On August 20, 2009, the Planning Commission first considered the subject application. Staff recommended denial and the appellant requested that the Planning Commission continue the item in order to allow him additional opportunity to present his entire case. The Planning Commission opened the public hearing and listened to testimony from members of the public and from Detective Bryan Moore from the Police Department. At the conclusion of the public testimony, the Planning Commission continued the item to the September 17, 2009, Planning Commission meeting. On September 17, 2009, the Planning Commission reopened the public hearing on this item. After extensive discussion and public testimony, the Planning Commission unanimously voted to disapprove the requested amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009 -003 (Attachment No. CC2 — PC Resolution). Please refer to the attached August 20, 2009, and September 17, 2009, Planning Commission staff reports for a detailed analysis of the proposed project and requested approvals (Attachment Nos. CC3 & CC4). On September 30, 2009, the appellant appealed the Planning Commission's decision DISCUSSION: Protect Description /Appeal The appellant is requesting reconsideration of an amendment to Use Permit No. 1566 to allow the following changes in the operational characteristics of the existing restaurant: 2 Port Restaurant and Bar Appeal November 10, 2009 Page 3 1) Change in Hours Of Operation The current permitted hours of operation for the restaurant are between 5:30 p.m. and 12:00 a.m., daily. Food service currently terminates at 11:00 p.m. to accommodate the 12:00 a.m. closing time. The appellant is requesting to extend the closing time of the restaurant to 1:00 a.m. to accommodate later food service for guests and to allow guests additional time to exit the premises so they are not rushed out at once. The appellant is also requesting lunch service on weekend afternoons. The proposed hours of operation would be from 11:00 a.m, to 1:00 a.m. on Saturdays and Sundays, and 5:30 p.m. to 1:00 a.m. Mondays through Fridays. (!t should be noted that pursuant to Condition No. 4 of the existing Use Permit No. 1566, as amended March 17, 1977, the requested lunch service on weekends may be approved without an amendment to the Use Permit if an off- site parking agreement is approved for the parking spaces during daytime hours.) 2) Live Entertainment The appellant proposes to provide live entertainment. As illustrated on the revised-project plans, Dining Room B will be reconfigured for live entertainment (Attachment No. CC 5). Live entertainment would include live bands and Disc Jockeys (DJ). The appellant proposes to install acoustical tiles to the interior Walls and ceilings of Dining Room B to help attenuate the music. To provide further noise attenuation, the appellant is proposing to add a full height door to the entry archway at the front outdoor patio. (The appellant's original request included dancing in addition to live entertainment, however, at the August 20, 2009, Planning Commission hearing, the appellant stated that his request for dancing was no longer part of his application.) 3) Restaurant Remodel The appellant proposes to remodel the first floor of the restaurant to improve internal circulation and enlarge the bar area. The existing floor plan compartmentalizes the restaurant into four separate areas (Dining Rooms, Outdoor Atrium, Bar, and Outdoor Patio Area). This compartmentalization of the restaurant has led to overcrowding later in the evening in the bar area:' The appellant proposes opening up the floor plan by removing walls, windows, and doors separating the outdoor atrium from the interior dining rooms and bar area and replacing them with new bi -fold doors. This will allow the flexibility of using the premises as one large space instead of three distinct areas. In addition, the appellant proposes to provide additional floor area for the bar and improve access to emergency exits by decreasing the size of a men's restroom located I Port Restaurant and Bar Appeal November 10, 2009 Page 4 adjacent to the bar area. The total net public areal of the restaurant after the proposed floor plan changes will be 1,355 square feet. 4) Off -Site Parking The restaurant currently utilizes 40 parking spaces within the privately -owned parking lot located directly across the street at 2865 East Coast Highway. An existing off- street parking agreement with the City allows the restaurant to meet required off - street parking requirements on that lot between the hours of 5:30 p.m. and 12:00 a.m. only. The appellant is requesting the approval of a new agreement to utilize the parking spaces during the proposed extended hours of operation. 5) Security To address noise generated from patrons leaving the restaurant in late evening, the appellant proposes to provide security attendants in the off -site parking lot on Thursday, Friday, and Saturday evenings. The appellant asserts that this will ensure that patrons leave the premises quietly, do not loiter in the parking lot, and do not litter. The appellant requests that the City Council reconsider and reverse the Planning Commission's decision on the grounds that the evidence and testimony offered at the Planning Commission meeting prejudiced the hearing and needed to be clarified. The appellant submitted a Statement of Facts for the Council's consideration (Attachment No. CC6). The appellant has submitted revised plans that include the elimination of the previously proposed dance floor and has modified his request to limit the extension of the closing hours to three days of week (Thursday through Saturday), as opposed to daily as originally requested. Pursuant to Section 20.95.060(C) the City Council may only consider the modified application if they deem it relevant. Chapter 20.95 of the Municipal Code establishes the procedures for the appeal process. Pursuant to Section 20.95.060 C, a public hearing on an appeal is conducted "de novo," meaning that it is a new hearing and the decision being appealed has no force or effect as of the date the appeal was filed. The appellate body is not bound by the decision being appealed or limited to the issues raised on appeal. 'Net Public Area iNPA): The Zoning Code defines net public area as the total area used to serve customers, including, but not limited to, customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. q Port Restaurant and Bar Appeal November 10, 2009 Page 5 Planning Commission Action The Planning Commission concurred with staffs analysis of the proposed project as presented in the attached staff reports and found that the findings necessary for the project approval could not be made. In addition, the Commission commented that: • While sensitive to the difficulties faced in the current economy, the Planning Commission stated that economic difficulty did not justify compromising sound planning principles. • The quality or character of.the appellant was not under consideration; rather it is a land use decision for a use permit that runs with the land. • The security that is currently in place is not consistent with that required for a restaurant, but rather for a bar. • The three -year parking lease submitted at the hearing in support of the requested off -site parking agreement included a 30 -day cancellation clause, which did not support the required finding that the off -site parking will remain permanently available for use by the restaurant (Attachment No. CC7). • The restaurant is an asset to the community that will be allowed to continue operating under the existing conditions of approval of Use Permit No. 1566, as amended in 1977 (see Attachment No. PC 3 of Attachment No. CC4), The Minutes from the Planning Commission hearings have been attached for reference (Attachment Nos. CC8 & CC9). Extensive public testimony was received at the two Planning Commission hearings, both in support and in opposition. A total of 56 letters were submitted to the Planning Commission, 41 letters in support and 15 letters in opposition. A petition in support and a petition in opposition were also submitted. To reduce the size of this staff report, the letters and petitions have not been included; however, at the Council's request, staff can provide a copy of all the correspondence received. New correspondence received after Planning Commission hearings have been included for the Council's consideration as Attachment No. CC 10. Newport Beach Police Department Concerns The appellant's Statement of Facts and revised plans were forwarded to the Police Department. Detective Bryan Moore has indicated that the elimination of dancing from the application request and the modification to the requested extended hours does not change the Police Department's position or alleviate concerns stated in their original memorandum (see Attachment No. PC10 to Attachment No. CC4). The Police Department maintains that the proposed live entertainment and extended hours of a Port Restaurant and Bar Appeal November 10, 2009 Page 6 operation, even without the provision of dancing, will transform the restaurant into a nightclub /bar in the late evenings. The Police Department has already spent a considerable amount of time addressing complaints with regard to noise and activity at the location. Given the proximity of the restaurant to residences, they believe that the proposed changes will only contribute to an increase in the noise and police activity. Decision Before City Council Section 20.95.060 (D) requires the City Council to reach a decision within thirty days after the close of the public hearing on this appeal. The City Council may approve, modify, disapprove, in whole or in part, the Planning Commission's decision provided the required findings are made. Use Permit Findings Pursuant to Section 20.82.060 of the Zoning Code, the proposed expansion in hours of operation and introduction of live entertainment are considered major changes in operational characteristics requiring an amendment to the Use Permit. Pursuant to Section 20.91.035 of the Zoning Code, the City Council shall approve an application for an amendment to a use permit if the three required findings below can be made. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Off -Site Parking Agreement Findings Pursuant to Section 20.66.080 of the Zoning Code, off - street parking on a separate lot from the project site may be approved if the City Council can make the three required findings below. 1. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. Port Restaurant and Bar Appeal November 10, 2009 Page 7 2. Parking on such lot will not create undue traffic hazards in the surrounding area. 3. Parking is permanently available, marked, and maintained for the use it is intended to serve. Conclusion With the exception of the appellant's modified request to limit the extension of hours to Thursdays through Saturdays, staff does not believe the appellant's Statement of Facts provides any new information that was not already raised and considered at the Planning Commission hearings. Furthermore, staff does not believe that limiting the extension of hours to weekend nights only will alleviate the anticipated detrimental impacts to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in the neighborhood of the restaurant. Therefore, staff recommends that the City Council uphold and affirm the Planning Commission's decision to disapprove the application based on the Planning Commission findings. Should the City Council deny the appellant's appeal, the restaurant will continue to operate under the existing conditions of approval of Use Permit No. 1566, as amended in 1977. The City has found the use of the subject off -site parking lot in conformance with the existing off -site parking agreement with the City and acceptable for use during the evening hours only. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). Public Notice Notice of this review was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Alternatives t. If the City Council concludes that there are sufficient facts to support findings for approval for any portion of the proposed Use Permit amendment, the City Council should state said facts, close the public hearing, continue the item to the next scheduled meeting, and direct staff to prepare a resolution for approval, with findings and conditions; and/or Port Restaurant and Bar Appeal November 10, 2009 Page 8 2. If the City Council concludes that there are sufficient facts to support findings for approval for the proposed off -site parking agreement, the City Council should state said facts, close the public hearing, continue the item to the next scheduled meeting, and direct staff to prepare a resolution for approval, with findings and conditions. As previously noted, approval of the proposed off -site parking agreement for use of the off -site parking spaces during weekend lunch hours will not require an amendment to the Use Permit pursuant to Condition No. 4 of the existing Use Permit No. 1566, as amended March 17, 1977. Prepared by: �� ,d5i le Murillo, Associate Planner Submitted by: Attachments: No. CC1 - Resolution No. (denying appeal) No. CC2 - Planning Commission Resolution No.1790 No. CC3 - August 20, 2009, Planning Commission Staff Report with attachments No. CC4 - September 17, 2009, Planning Commission Staff Report with attachments No. CC5 - Revised Project Plans No. CC6 - Appellant's Statement of Facts No. CC7 - Three -year Parking Lease No. CC8 - August 20, 2009, Planning Commission Hearing Minutes No. CC6 - September 17, 2009, Planning Commission Hearing Minutes No. CC10 -New Correspondence Received (Post Planning Commission) O Attachment No. CC 1 Draft resolution and findings for denial M RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING THE APPEAL AND UPHOLDING AND AFFIRMING THE DECISION OF THE PLANNING COMMISSION TO DISSAPROVE AN AMENDMENT TO USE PERMIT NO. 1566 AND OFF -SITE PARKING AGREEMENT NO. OP2009 -003 FOR THE PORT RESTAURANT AND BAR LOCATED AT 440 HELIOTROPE AVENUE (PA2009 -080) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS 1. An application was filed by Ali H. Zadeh, applicant and appellant , with respect to property located at 440 Heliotrope Avenue, and legally described as Parcel 1 of Parcel Map 57 -20 (Resubdivision No. 412) requesting approval of an amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009 -003. 2. The appellant proposed the following changes in the operational characteristics of the existing restaurant: 1) Expand the existing hours of operation (5:30 p.m. to 12:00 a.m.) by extending the closing time to 1:00 a.m. daily, and providing lunch service on weekends; and 2) Introduction of live entertainment. The application also includes an off -site parking agreement to allow the continued use of 40 off- site parking spaces on property located at 2865 East Coast Highway for the requested hours of operation. 3. The subject property is located within the Retail and Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -B). 5. Public hearings were held by the Planning Commission on August 20, 2009 and September 17, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings were given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at these meetings. City Council Resolution No. _ Pape 2 of 4 6. At the September 17, 2009, Planning Commission hearing, the Planning Commission unanimously voted to disapprove the amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009. 7. On September 30, 2009, the applicant appealed the decision of the Planning Commission to the City Council. 8. The appellant has modified his request to limit the extension of the closing hours to three days of week (Thursday through Saturday), as opposed to daily as originally requested. Pursuant to Section 20.95.060(C) the City Council may only consider the modified application if they deem it relevant. 9. A public hearing was held by the City Council on November 10, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting SECTION 2. FINDINGS. 1. The findings required by 20.91.035 of the Zoning Code to approve the requested amendment to Use Permit No. 1566 cannot be made. 2. Given the location of the restaurant in close proximity to numerous residential units and Two -Unit Residential (RT) Zoning District, the operation of the restaurant, as proposed, will be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in the neighborhood of the restaurant, for the following reasons: • The proposed remodel of the restaurant will significantly open up the dining rooms and bar area to the outdoor atrium patio, which may result in decreased sound attenuation and increased noise generation from the restaurant when live entertainment is performed. • Sound tests conducted by the applicant did not account for noise levels when the restaurant is operating at capacity with additional noise generated from the activities of restaurant patrons. Also, the sound tests do not account for noise sources that can be perceived as annoying by adjacent residences, such as noise from patrons inside the restaurant (i.e. talking and laughing), patrons leaving the restaurant (i.e. car alarms and doors slamming), or patrons loitering in the parking lot. City Council Resolution No. _ Paqe 3 d4 Memorandums provided by the Code and Water Quality Enforcement Department and the Police Department, indicate complaints have been received from residents in the past regarding the noise generated from the restaurant and from patrons walking to their cars and loitering in the parking lot; the addition of live entertainment and extending the hours of operation for an additional hour is expected to result in increased noise disturbances to the adjacent residences and neighborhood. The introduction of live entertainment can potentially transform the restaurant into a bar /nightclub, and due to the close proximity to a residential neighborhood, would result in a land use that is incompatible with the residential character of the neighborhood. • There is insufficient evidence provided to confirm that parking will be available during the requested lunch service and there is no certainty that those parking spaces will remain available for the restaurant's exclusive use. 3. Pursuant to Section 20.66.080 of the Zoning Code, off - street parking on a separate lot from the project site requires the approval of an off -site parking agreement. The City Council finds it cannot make the findings required to approve Off -Site Parking Agreement No. 2009 -003. A majority of the 20,300- square -foot commercial building located at 2865 East Coast Highway is currently vacant. Sufficient evidence has not been provided illustrating that the off -site parking lot will remain permanently available for use by the restaurant during the weekend lunch hours and uncertainty exists pertaining to the type of use that will occupy the remaining vacant space within the commercial building. SECTION 3. DECISION. NOW, THEREFORE, BE IT RESOLVED: The City Council of the City of Newport Beach hereby denies the appeal and upholds and affirms the decision of the Planning Commission to disapprove the amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009 -003. 2. This resolution shall take effect immediately upon adoption. 3. The City Council of the City of Newport Beach hereby directs the City Clerk to mail notice of this decision to the applicant and appellant within five working days of the date of this decision. City Council Resolution No. _ Paqe 4 of 4 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the November 10, 2009 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: David R. Hunt, City Attorney For the City of Newport Beach Attachment No. CC 2 Planning Commission Resolution No. 1790 J5 tv RESOLUTION NO. 1790 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH DENYING AN AMENDMENT TO USE PERMIT NO. 1566 AND OFF -SITE PARKING AGREEMENT NO. OP2009 -003 FOR THE PORT RESTAURANT AND BAR LOCATED AT 440 HELIOTROPE AVENUE (PA2009 -080) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Ali H. Zadeh, w ith respect to property located at 4 40 Heliotrope Avenue, and legally described as Parcel 1 of Parcel Map 57 -20 (Resubdivision No. 412) requesting approval of an amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009 -003. 2. The applicant proposes the following changes in the operational characteristics of the existing restaurant: 1) Expand the existing hours of operation (5:30 p.m. to 12:00 a.m.) by extending the closing time to 1:00 a.m. daily, and providing lunch service on weekends; and 2) Introduction of live entertainment and dancing. The application also includes an off -site parking agreement to allow the continued use of 40 off -site parking spaces on property located at 2865 East Coast Highway for the requested hours of operation. 3. The subject property is located within the Retail and Service Commercial (RSC) Zoning District and the General Plan Land Use Element category is Corridor Commercial (CC). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is General Commercial (CG -B). A public hearing was held on August 20, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). 2. The project involves minor interior alterations involving a negligible expansion of use. 11 Planning Commission Resolution No. 1790 Paae 2 of 3 SECTION 3. REQUIRED FINDINGS. 1. Pursuant to Section 20.82.060 of the Zoning Code, the proposed expansion in hours of operation and introduction of live entertainment and dancing are considered major changes in operational characteristics requiring an amendment to the Use Permit. In accordance with Section 20.91 .035 of the Zoning Code, the Planning Commission finds it cannot make the findings required to approve the requested amendment to Use Permit No. 1566. Given the location of the restaurant in close proximity to numerous residential units and Two -Unit Residential (RT) land use district, the operation of the restaurant, as proposed, will be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in the neighborhood of the restaurant, for the following reasons: • Although the sound test submitted by the applicant indicate that live entertainment can be performed within the restaurant in compliance with the City's Community Noise Control Ordinance, the proposed remodel of the restaurant will significantly open up the dining rooms and bar area to the outdoor atrium patio, which may result in decreased sound attenuation and increased noise generation from the restaurant when live entertainment is performed. • Although the sound test provided an indication of the expected noise levels when live entertainment is provided, the sound tests were performed when the restaurant was relatively unoccupied and do not account for noise levels when the restaurant is operating at capacity with additional noise generated from the activities of restaurant patrons. Also, the sound tests do not account for noise sources that can be perceived as annoying by adjacent residences, such as noise from patrons inside the restaurant (i.e. talking and laughing), patrons leaving the restaurant (i.e. car alarms and doors slamming), or patrons loitering in the parking lot. • Memorandums provided by the Code and Water Quality Enforcement Department and the Police Department, indicate complaints have been received from residents in the past regarding the noise generated from the restaurant and from patrons walking to their cars and loitering in the parking lot; the addition of live entertainment and extending the hours of operation for an additional hour is expected to result in increased noise disturbances to the adjacent residences and neighborhood. • The introduction of live entertainment and dancing can potentially transform the restaurant into a nightclub, and due to the close proximity to a residential neighborhood, would result in a land use that is incompatible with the residential character of the neighborhood. • Although the applicant states that he has rights to use the off -site parking spaces during weekends, insufficient evidence has been provided to confirm that parking will be available during the requested lunch service and there is no certainty that those parking spaces will remain available for the restaurant's exclusive use. 1,� Planning Commission Resolution No. 1790 Paqe 3 of 3 2. Pursuant to Section 20.66.080 of the Zoning Code, off - street parking on a separate lot from the project site requires the approval of an off -site parking agreement. The Planning Commission finds it cannot make the findings required to approve Off -Site Parking Agreement No. 2009 -003. A majority of the 20,300 - square -foot commercial building located at 2865 East Coast Highway is currently vacant. Sufficient evidence has not been provided illustrating that the off -site parking lot will remain permanently available for use by the restaurant during the weekend lunch hours and uncertainty exists pertaining to the type of use that will occupy the remaining vacant space within the commercial building. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies the amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OF 2009 -003. 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance . with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF SEPTEMBER, 2009. AYES: Eaton, Unsworth, Peotter, Hawkins, Toerge and Hillgren NOES: None ABSTAIN: None ABSENT: McDaniel BY: (l k 'tko'Wrt ajwkins, Chairman BY: Charles Unsworth, Secretary (oi ;� - .w � >� Y �. ��" � �. �)h Attachment No. CC 3 08/20/09 Planning Commission Staff Report ; P, a. CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT August 20, 2009 Agenda Item 3 SUBJECT: Port Restaurant & Bar 440 Heliotrope Avenue - PA2009 -080 Amendment to Use Permit No. 1566 Off -Site Parking Agreement No. OP2009 -003 APPLICANT: Ali H. Zadeh PLANNER: Jaime Murillo, Associate Planner (949) 644 -3209, imurilloC&newportbeachca.gov PROJECT SUMMARY An amendment to Use Permit No. 1566 to allow the following changes in the operational characteristics of the existing restaurant: 1) Expand the existing hours of operation (5:30 p.m. to 12:00 a.m.) by extending the closing time to 1:00 a.m. daily, and providing lunch service on weekends; and 2) Introduction of live entertainment and dancing. The application also includes an off -site parking agreement to allow the continued use of 40 off -site parking spaces on property located at 2865 East Coast Highway for the requested hours of operation. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt resolution denying an amendment to Use Permit No. 1566 and denying Off - Site Parking Agreement No. OP 2009 -003. (Attachment No. PC 1) AD Former Off -Site Parking Lot Proposed Off -Site Parking Lot GENERALF 4 3 VICINITY MAP 4 L3. tJ Port Restaurant & Bar August 20, 2009 Page 2 Subject Restaurant ON- SITE "" "" CC "" ...... RSC Restaurant NORTH CC Two - Family Residential Proposed off -site parking lot and R -2 offices SOUTH CC RSC Offices EAST CC RSC Port Theater and commercial F: \USERS \PLN\Shared\PA's \PAs - 2009 \PA2009-080 \PA2009 -080 PC rpLdocx Port Restaurant & Bar August 20, 2009 Page 3 INTRODUCTION Project Setting The subject restaurant is located on the eastern side of Heliotrope Avenue, approximately 150 feet south of East Coast Highway in Corona del Mar. To the north, across Heliotrope Avenue, is a three -story office building and related off - street parking; to the east are the Port Theater, a "retail boutique, hair salon, and one residential apartment; to the south is a two -story office building; and to the west, across Heliotrope Avenue, are two -unit dwellings. The off -site parking lot proposed for use by the applicant is located directly across Heliotrope -Avenue at the intersection of Second Avenue and serves as the off - street parking for the three -story commercial building. Background On November 18, 1971, the Planning Commission originally approved Use Permit No. 1566 authorizing the sale of alcoholic beverages in conjunction with the existing restaurant. On March 17, 1977, the Planning Commission approved an amendment to the Use Permit authorizing an expansion of the restaurant and the use of 40 off -site parking spaces to satisfy the restaurant's parking requirements. In 2003, staff approved a change in the location of the off -site parking from the original location at 504 -510 Goldenrod Avenue to the current location at 2865 East Coast Highway. On December 20, 2003, an accessory outdoor dining permit was approved authorizing the addition of an outdoor patio seating area in front of the resturant facing Heliotrope Avenue. On October 27, 2008, the Code and Water Quality Enforcement Department sent the applicant a notice of violation advising him of various violations of Use Permit No. 1566, including providing live entertainment and operating after the 12:00 a.m. closing time set by the conditions of approval. A detailed project background is provided as Attachment No. PC 2. F:%USERS \PLN\Shared\PA's\PAs - 20091PA2009- 080 \PA2009 -080 PC rpt.docx ob Port Restaurant & Bar August 20, 2009 Page 4 Proiect Description The applicant is requesting an amendment to Use Permit No. 1566 to allow the following changes in the operational characteristics of the existing restaurant: 1) Change in Hours Of Operation The current permitted hours of operation for the restaurant are between 5:30 p.m, and 12:00 a.m., daily. Food service currently terminates at 11:00 p.m. to accommodate the 12:00 a.m. closing time. The applicant is requesting to extend the closing time of the restaurant to 1:00 a.m. to accommodate later food service for guests and to allow guests additional time to exit the premises so they are not rushed out at once. The applicant is also requesting lunch service on weekend afternoons. The proposed hours of operation would be from 11 :00 a.m. to 1:00 a.m. on Saturdays and Sundays, and 5:30 p.m. to 1:00 a.m. Mondays through Fridays. 2) Live Entertainment and Dancing The applicant proposes to provide live entertainment and dancing. As illustrated on the project plans (Attachment No. PC 3), when live entertainment and dancing are provided; Dining Room B will be reconfigured to accommodate a stage and dance floor. The type of live entertainment may vary from live bands to a Disc Jockey (DJ). The applicant proposes to install acoustical tiles to the interior walls and ceilings of Dining Room B to help attenuate the additional noise. To provide further noise attenuation, the applicant is proposing to add a full height door to the entry archway at the front outdoor patio. 3) Restaurant Remodel The applicant proposes to remodel the first floor of the restaurant to improve internal circulation and reduce overcrowding in the bar area. The existing floor plan compartmentalizes the restaurant into four separate areas (Dining Rooms, Outdoor Atrium, Bar, and Outdoor Patio Area). This compartmentalization of the restaurant has led to overcrowding later in the evening, when patron occupancy concentrates in the bar area. The applicant proposes opening up the floor plan by removing walls, windows, and doors separating the outdoor atrium from the interior dining rooms and bar area and replacing them with new bi- folding doors. This will allow the flexibility of using the premises as one large space instead of three distinct areas. In addition, the applicant proposes to provide additional floor area for the bar and improve access to emergency exits by decreasing the size of a men's restroom located adjacent to the bar area. FAUSERSIPLNXShared\PA'sWAs - 2009WA2009- OWPA2009 -080 PC rpt.docx als Port Restaurant & Bar August 20, 2009 Page 5 The total net public area' of the restaurant after the proposed floor plan changes will be 1,355 square feet. 4) Off -Site Parking As discussed in the Background section of this report, the restaurant currently utilizes 40 parking spaces within the privately -owned parking lot located directly across the street at 2865 East Coast Highway. An existing off - street parking agreement allows the restaurant to satisfy its off - street parking requirements on that lot between the hours of 5:30 p.m. and 12 :00 a.m. only. The applicant is requesting the approval of a new agreement to utilize the parking spaces during the proposed extended hours of operation. 5) Security To address noise generated from patrons leaving the restaurant in late evening, the applicant proposes to provide security attendants in the off -site parking lot on Thursday, Friday, and Saturday evenings. The applicant asserts that this will ensure that patrons leave the premises quietly, do not loiter in the parking lot, and do not litter. DISCUSSION Analysis Noise The applicant hired JEC, an electrical contractor specializing in audio engineering, to prepare a noise study to determine whether live entertainment can be provided within the restaurant in compliance with the City's Community Noise Control Ordinance. Per Section 10.26.025 (Exterior Noise Standards).of the Municipal Code (Attachment No. PC 8), the allowable exterior noise level for residential uses is 55 dBA between the hours of 7:00 a.m. to 10:00 p.m. After 10:00 p.m., the allowable noise level for residential uses is reduced to 50 dBA. In the event the ambient noise level exceeds the maximum permitted noise standard, then the ambient shall be established as the maximum noise standard. Sound tests were performed on June 10, 2009, using a band and a disc - jockey (DJ).. Measurements were taken with the band performing within Dining Room B and with a 'Net Public Area (NPA): The Zoning Code defines net public area as the total area used to serve customers, including, but not limited to, customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. F:\USERS\PLN \Shared\PA's \PAs - 2009 \PA2009 - 080 \PA2009 -080 PC rpt.docx Port Restaurant & Bar August 20, 2009 Page 6 DJ playing music at levels of 90 -105 decibels (dBA) within the bar area. Sound measurements were taken from the property lines of the four nearest residences, with the front doors and windows of the restaurant both closed and open; in both scenarios, the doors and windows separating the outdoor atrium from the dining room and bar area were left open. The JEC noise study (Attachment No. PC 9) concludes that noise levels observed for both the live band and recorded DJ music did not exceed the allowable exterior noise levels for the adjacent residential uses. Newport Beach Police Detectives Dave Stark and Bryan Moore were on -site during the sound tests to observe the testing and to conduct additional sound measurements. Detectives Stark and Moore used a handheld sound level meter to take several measurements in and around the business area. Their measurements were similar to those of the JEC tests and found that the sound measurements did not exceed the maximum allowable exterior noise levels of the City's Community Noise Control Ordinance. However, the sound tests do not account for noise sources that can be perceived as annoying by adjacent residences, such as noise from patrons inside the restaurant (i.e. talking and laughing), patrons leaving the restaurant (i.e. car alarms and doors slamming), or patrons loitering in the parking lot. Newport Beach Police Department Concerns The Newport Beach Police Department provided staff with a memorandum expressing significant concerns with the applicant's request (Attachment No. PC 10). The Police Department is concerned that the proposed live entertainment, dancing, and extended hours of operation will transform the restaurant into a nightclub. The memorandum states that the Police Department has already spent a considerable amount of time addressing complaints with regard to noise and activity at the location, and due to the restaurant's close proximity to nearby residents, they believe that the proposed changes will only contribute to an increase in the noise and police activity. In the past year, the Police Department has received approximately 20 calls for service for loud music. They also express concerns that in addition to noise generated from the live entertainment, extending the evening hours of operation will result in increased noise complaints due to increased vehicular traffic in the area, patrons talking outside while waiting for cabs or walking to their vehicles, and other disturbances associated with alcoholic beverage consumption. The Police Department memorandum also includes an outline of all Police Department actions related to the property, since they were first made aware that the restaurant was operating in violation of their Use Permit. Violations have included providing live entertainment, exceeding the permitted hours of operation, blocking aisles and overcrowding. FdUSERSIPLN\SharedtPA'slPAs - 2009TA2009- 0801PA200M80 PC rpt.doex 4 Port Restaurant & Bar August 20, 2009 Page 7 Code and Water Quality Enforcement Department Concerns The Code and .Water Quality Enforcement Department also provided staff with a memorandum expressing concerns similar to those of the Police Department (Attachment No. PC 11). The memorandum states that the addition of live entertainment and dancing transforms the restaurant into a nightclub. Due to the close proximity to a residential neighborhood, this would impact the residential character of the neighborhood and result in increased complaints. Code -Enforcement has already received numerous complaints regarding loud noise generated from the restaurant and from patrons walking to their vehicles or loitering near the establishment. The memorandum also includes an outline of the various violations and Code Enforcement actions that have occurred since the initial notice of violation was sent in October of 2008. Parking Requirements Pursuant to Section 20.66.070 of the Zoning Code, off - street parking requirements for restaurants may range between ratios of 1 space per 30 to 1 space per 50 square feet of net public area (NPA) depending on the physical design, operational characteristics, and location of the restaurant. Use Permit No. 1566 (amended) established a parking ratio of 1 space per 40 square feet of NPA, although no specific considerations were cited. Based on the NPA of 1,600 square feet proposed at the time, a total of 40 parking spaces -were required. Typically, with the introduction of live entertainment and dancing, staff recommends a parking ratio of 1 space per 30 square feet of NPA due to an anticipated increase in occupancy; however, based on the following considerations, staff believes a parking ratio of 1 space per 35 square feet of NPA is appropriate for the following reasons: • The floor area dedicated to dancing and live entertainment is 216 square feet, or 16- percent of the total NPA; • The remaining table and seating configuration will remain unchanged when live entertainment and dancing occurs; • The location of the restaurant within the Corona del Mar village affords the opportunity for significant walk -in trade; • A recent parking study (December 18, 2008) of the area performed for the City by Walker Parking Consultants indicated that on- street parking within the vicinity of the restaurant is not significantly impacted throughout the day. Field surveys were performed on May 15, 2008 and May 17, 2008, three times each day in order to observe the typical morning, afternoon and evening hours for peak parking demand. The study showed that parking along Heliotrope Avenue ranged from <50 to 69- FALJSERSIPLN\Shared\PA's1PAs - 2009TA2009 -080TA2009 -080 PC rpt.docx Port Restaurant & Bar August 20, 2009 Page 8 percent occupied during the weekday peak hour of 7:00 p.m., and from <50 to 79- percent occupied during the weekend peak hour of 10:00 a.m. Since the Use Permit was last amended in 1977, the restaurant has undergone a number of remodels with each change in ownership. With the proposed remodel, the NPA will be reduced to 1,355 square feet, 245 square feet less than what was approved with the 1977 amendment. Using the recommended parking ratio of 1 space per 35 square feet, a total of 39 parking spaces would be required (1355(35= 38.7). Off -Site Parking Pursuant to Section 20.66.080 of the Zoning Code, off - street parking on a separate lot from the project site may be approved if the Planning Commission can make the three required findings below. Staff believes facts exist in support of the first two findings; however, staff does not believe sufficient facts exist in support of the third finding: 1. Finding: Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. Facts in Support of Finding: The subject off -site parking lot is located at 2865 East Coast Highway, directly across the street from the subject restaurant facility. The parking lot consists of a total of 40 parking spaces, which is sufficient to accommodate the recommended parking requirement of 39 parking spaces. The off -site parking lot is located a walking distance of approximately 50 feet away from the subject facility. Therefore, staff believes the parking lot location can be found useful in connection with the proposed use. 2. Finding: Parking on such lot will not create undue traffic hazards in the surrounding area. Facts in Support of Finding: Since at least 2003, the existing restaurant has used the subject off -site parking lot to satisfy its parking requirements and has not created an undue traffic hazard in the surrounding area to date. Heliotrope Avenue is not a heavily traveled street and vehicular traffic is not anticipated to create a hazard for patrons crossing the street. Accessibility and path of travel from the parking lot to the restaurant were previously reviewed and approved by the City in conjunction with the most recent tenant improvement plans for Svelte (prior name of restaurant) in 2003. Therefore, staff does not believe the use of the parking lot will create an undue traffic hazard in the surrounding area. 3. Finding: Parking is permanently available, marked, and maintained for the use it is intended to serve. Facts Not in Support of Finding: The applicant has submitted a one -year lease for the use of 40 parking spaces, which expires on June 30, 2010, after which FAUSERS \PLMShared \PA's\PAs - 200g\PA2009- 080 \PA2009 -080 PC rpLdocx Port Restaurant & Bar August 20, 2009 Page 9 time the lease is set at a month -to -month tenancy (Attachment No. PC 12). The lease does not specifically state the hours for which the parking spaces are granted; however, the applicant states, and the property manager has confirmed, that he has rights to the parking spaces after 5:30 p.m. daily, with the exception of weekends when he has rights all day. It is important to note that a majority of the 20,300- square -foot commercial building at 2865 East Coast Highway is currently vacant. There are number of remaining general office uses remaining within the building. According to the property manager of the building, the remaining office uses within the building maintain regular office business hours of between 8:00 a.m. to 5:00 p.m. A Curves health and fitness facility was recently approved, which occupies 1,020 square feet of floor area. The hours of operation for Curves were conditioned between the hours of 7:00 a.m. to 9:00 p.m. daily and required a total of four parking spaces. Given the nature and design of the building, staff believes general office type uses will continue to be the predominate use of the building and parking will remain available for use by the proposed restaurant in the evening hours. However, there is the possibility that a retail use could occupy a portion of the vacant space that would require parking after the typical 5:00 p.m. closing time of the general office uses. Furthermore, the applicant has not provided sufficient evidence that use of the parking will remain permanently available during the requested weekend lunch hours once the remaining vacant space is leased. Therefore, staff does not believe sufficient facts exist to support this finding and recommends denial of the off -site parking agreement for the expanded hours of operation during the requested weekend lunch hours. General Use Permit Findings Pursuant to Section 20.82.060 of the Zoning Code, the proposed expansion in hours of operation and introduction of live entertainment and dancing are considered major changes in operational characteristics requiring an amendment to the Use Permit. Pursuant to Section 20.91.035 of the Zoning Code, the Planning Commission shall approve an application for an amendment to a use permit if the three required findings below can be made. Staff believes facts exist in support of the first and third findings; however, staff does not believe sufficient facts exist in support of the second finding: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The site is located in the Retail and Service Commercial (RSC) District: This district is intended to provide areas which are predominantly retail in character, but also allows service and office uses. The existing restaurant is consistent with the RSC District. F:IUSERSIPLN\SharedlPA's\PAs - 2009\PA2009 -0801PA2009 -080 PC rpt.docx 31 Port Restaurant & Bar August 20, 2009 Page 10 2. Finding: That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort; or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts Not in Support of Finding: The restaurant with live entertainment and dancing is consistent with the Corridor Commercial (CC) land use designation of the General Plan; however, given the location of the restaurant in close proximity to numerous residential units and Two -Unit Residential (RT) land use district, staff believes the operation of the restaurant, as proposed, will be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in the neighborhood of the restaurant, for the following reasons: • Although the JEC noise study indicates that live entertainment can be performed within the restaurant in compliance with the City's Community Noise Control Ordinance, the applicant's proposed remodel of the restaurant will significantly open up the dining rooms and bar area to the outdoor atrium patio, which may result in decreased sound attenuation and increased noise generation from the restaurant when live entertainment is performed. • Although the JEC noise study provides an indication of the expected noise levels when live entertainment is provided, the sound tests were performed when the restaurant was relatively unoccupied and do not account for noise levels when the restaurant is operating at capacity. Also, the sound tests do not account for noise sources that can be perceived as annoying by adjacent residences, such as noise from patrons inside the restaurant (i.e. talking and laughing), patrons leaving the restaurant (i.e. car alarms and doors slamming), or patrons loitering in the parking lot. • As indicated in the memorandums provided from the Code and Water Quality Enforcement Department and the Police Department, complaints have been received from residents in the past regarding the noise generated from the restaurant and from patrons walking to their cars and loitering in the parking lot; the addition of live entertainment and extending the hours of operation for an additional hour is expected to result in increased noise disturbances to the adjacent residences and neighborhood. • The introduction of live entertainment and dancing can potentially transform the restaurant into a nightclub, and due to the close proximity to a residential FAUSERSIPLN \Shared\PA's \PAs - 2009 \PA2009- 080\PA2009 -080 PC rpt.docx �a Port Restaurant & Bar August 20, 2009 Page 11 neighborhood, would result in a land use that is incompatible with the residential character of the neighborhood. • Although the applicant states that he has rights to use the off -site parking spaces during weekends, insufficient evidence has been provided to confirm that parking will be available during the requested lunch service and there is no certainty that those parking spaces will remain available for the restaurant's exclusive use. 3. Finding: That the proposed use will comply with the provisions of r this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: • The existing restaurant is consistent with the legislative intent of Chapter 20.15 (Commercial Districts) of the Zoning Code. Section 20.15.020 requires approval of a use permit for restaurants in the RSC District. The current restaurant operates pursuant to Use Permit No. 1566. • The proposed live entertainment and dancing is considered an ancillary use to the existing restaurant. The Zoning Code does not require any specific conditions pertaining to the operation of live entertainment and dancing. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). Public Notice Notice of this review was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Summary Sufficient evidence has not been provided illustrating that the off -site parking lot will remain permanently available during the weekend lunch hours and uncertainty exists pertaining to the type of use that will occupy the remaining vacant space within the building; therefore, staff does not believe sufficient facts exist to support the off -site F: \USERS \PLN \Shared \PA's \PAs - 2009\PA2009 -080\PA2009 -080 PC rpt.docx JJ Port Restaurant & Bar August 20, 2009 Page 12 parking agreement for the expanded hours of operation during the requested weekend lunch hours. Also, staff does not believe sufficient facts exist to support the required findings needed to approve the requested Use Permit amendment for the introduction of live entertainment, dancing, and expanded hours of operation. Should the Planning Commission deny the applicant's request, the restaurant will continue to operate under the existing conditions of approval of Use Permit No. 1566, as amended in 1977. The City has found the use of the subject off -site parking lot in conformance with the existing off -site parking agreement with the City and acceptable for use during the evening hours only. Alternatives 1. If the Planning Commission concludes that there are sufficient facts to support findings for approval for any portion of the proposed Use Permit amendment, the Planning Commission shall state said facts, continue the public hearing to the next scheduled meeting, and direct staff to prepare a resolution for approval, with findings and conditions. 2. If the Planning Commission concludes that there are sufficient facts to support findings for approval for the proposed off -site parking agreement, the Planning Commission shall state said facts, continue the public hearing to the next scheduled meeting, and direct staff to prepare a resolution for approval, with findings and conditions. Prepared by: Submitted by aime Murillo, Associate Planner ATTACHMENTS //L I - �� � ,raft R 1 1' a rl C'r r1'n�c fnr hani I PC 2 Detailed_ Project Background PC 3 Use Permit No. 1566 Minutes, Findings, and Conditions (3117177) PC 4 Existing Off -Site Parking Agreement PC 5 Outdoor Dining Permit No. 2003 -002 PC 6 Notice of Violation PC 8 City's Exterior Noise Standards PC 9 JEC Sound Test PC 10 Police Department Memorandum PC 11 Code and Water Quality Enforcement Memorandum PC 12 Off -Site Parking Lease PC 13 Correspondence Received F;WSERMPLMSharedlPA's1PAs - 20091PA2009-080\PA2009 -080 PC rpLdocx iJ i Attachmc No. PC 1 Draft resolution findinos for denial 3,5 3� Attachment No. PC 2 Detailed Project Background �I Detailed Proiect Background Use Permit No. 1566 The existing restaurant operates under Use Permit No. 1566, which was originally approved by the Planning Commission on November 18, 1971, and authorized the sale of alcoholic beverages in conjunction with an existing restaurant formally known as Pirate's Inn. On March 17, 1977, the Use Permit was amended to allow the expansion of the restaurant with additions of a new dining room, a secondary entryway, and a storage room, expansion of the kitchen and outdoor atrium, and the installation of new restroom facilities. The March 17, 1977, Planning Commission minutes (including findings and conditions) are included as Attachment No. PC 3. Since the original building was constructed at a time when there were no parking requirements for the use, required parking for the entire restaurant (approximately 1,600 square feet at the time) was approved in an off -site parking lot located at 504 -510 Goldenrod Avenue (northeast corner of Goldenrod Avenue and Second Avenue). Parking was required to be provided at a ratio of one space per 40 square feet of net public area, for a total of 40 parking spaces. The parking spaces were utilized by the commercial uses at 2831 and 2855 East Coast Highway during day; therefore, the restaurant was conditioned to operate between the hours of 5:30 p.m. to 12:00 a.m., so as to not conflict with the main use of the lot during normal business hours. The executed off -site parking agreement with the City is attached as Attachment No. PC 4. Change in Off -Site Parking Locations Condition No. 4 of Use Permit No. 1566 authorized the restaurant to satisfy its parking requirements through the use of 40 off -site parking spaces in the parking lot located at 504 -510 Goldenrod Avenue, or at another approved location should the restaurant lose access to those spaces. Section 2 of the off -site parking agreement also authorizes the use of an alternative parking location satisfactory to and approved by the City. In staffs research, the earliest records of the restaurant utilizing the parking spaces in the 2865 East Coast Highway parking lot appear in the tenant improvement plans for the restaurant in 2003, when the restaurant was operated under the name "Svelte." These tenant improvement plans included upgrading the parking lot with two handicapped accessible parking spaces and providing a clear path of travel to the restaurant. With the approval of the tenant improvements plano:. for Svelte, the City found the subject parking lot satisfactory for the use of the subjedrestaurant and in conformance with the Use Permit. To date, the subject restaurant continues to lease the 40 parking spaces in said lot. Outdoor Dining Permit No. 2003 -002 On December 20, 2003, an accessory outdoor dining permit was approved authorizing the addition of an outdoor patio seating area in front of the resturant facing Heliotrope Avenue. The outdoor dining area was limited to 250 square feet and a maximum of 18 �Im L — seats. Use of the accessory outdoor patio area was also limited to the hours between 5:30 p.m. to 10:00 p.m. Outdoor Dining Permit No. 2003 -002 is attached as Attachment No. PC 5, including findings and conditions of approval. The applicant is not proposing any changes to the configuration or use of the accessory outdoor dining area. Violations of Use Permit No. 1566 In October of 2008, the City became aware of various violations of Use Permit No. 1566, including providing live entertainment and exceeding the permitted hours of operation. On October 27, 2008, the Code and Water Quality Enforcement Department sent the applicant a notice of violation advising him of the violations and to discontinue with the non - permitted activities (Attachment No. PC 6). As discussed in the Department Concerns section of this report, memorandums provided by both the Code and Water Quality Department and the Police Department state that subsequent to the initial notice of violation, complaints have been received from residents regarding loud music and people leaving the restaurant at 1:30 a.m., resulting in Police Department investigations and further confirmation of Code and Use Permit violations. The applicant submitted the subject Use Permit amendment application in June 2009 and has since operated in compliance with the conditions of approval. Attachment No. PC 3 Use Permit No. 1566 minutes, findings, and conditions (3117/77) V ,4 ;- 1 COMMISSIONERS ty'of A. 0. ;F March 17. Newport Beach 1977 MINUTE R [7Ll C INCH Larry Sommers, Emkay Development Company, appeared efore the Commission in connection with the a me. ent and had no objection to the continuance. Roman K "allme Architect, 1201 Dove Street, advise he had no object to the continuance and.felt that it may be to the' -r--advantage under the circumstances. lotion X Following discussion, motion was mad that Oyes X X X X X X Amendment No. 490 and Use Permit No. 1 (Amended) 4bsent X be continued to the meeting of April 7, 19 Commissioner Seely declared himself to be in conflict of interest on the following item and therefore stepped down from the dais and refrained from deliberation in connection therewith. Item #6 Request to permit the expansion of the Pirates USE PER Inn restaurant facility in the C -1 District, and NO 6 the acceptance of an.offsite parking agreement for AMENOE the required parking spaces. APPROVE Location: Parcel I of Parcel Map 57 -20 CON ­DI No. 412) located at TIO LL 440 Heliotrope Avenue,-on the south- easterly side of Heliotrope Avenue, between East Coast Highway and- First Avenue -in Corona del Mar. Zone: C -1 Applicant: John E. Soukeras, Corona del Mar Owner: Same as Applicant Staff distributed a letter received from Donald G. Clark in support of the request and answered questions of the Commission relative to the off - site parking lot and required agreement. Public hearing was opened in connection with this matter. John Soukeras, 440 Heliotrope Avenue, Corona del �wf;fwMISSIONERS vQ y n0 sP 1F yG 7P0. City of Newport Beach MINUTE °s March 17, 1977 OLL CALL .. Mar, applicant, appeared before the Commission. and commented on his desire to upgrade the ,restaurant and provide a waiting area for custor ' ers. He also commented on the condition to pro- vide valet. parking and felt it would eliminate several on- street,parking spaces and cause congestion in.front of the restaurant. He wouli prefer to post a sign advising of the parking location and advised he has had no parking prob' in the past and did not anticipate any in the future. Mr. Soukeras answered questions of the Commission relative to the proposed expansion ai his ability to obtain a three -year lease for th off -site parking lot. Donald G. Clark, 411 Heliotrope, Corona del Mar appeared.before the Commission in support of th request and felt that the restaurant was an ass to the community. There being no others desiring to appear and be heard, the public hearing was closed. +lotion X Motion was made that Planning Commission make t Oyes X X X X X following findings: %bsent X, X 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that the do not contemplate any problems. 4. The proposed parking spaces for the expanded restaurant use on a separate lot from the building site are justifiable for the foljo%% ing rearons: a. The subject parking lot is located only 200 feet from the restaurant site. b. Parking on the off -site parking lot will not create undue traffic hazards in the surrounding area. C. The applicant can provide a long term . agreement for the use of the subject paw i.ng.lot during the evening hours of the Mot I lem id =_t he M', ,k- 1 J ICOI MISSIONERS $< ofs��1 A-41 �F City Of Newport Beach. MINUTE: t March 17. 1977 ROLL CALL week when the restaurant will be in operation. 5. The approval of Use Permit No. 1566 (Amender will not, under the circumstances of this c.; be detrimental to the health, safety, peace, morals, comfort and general welfare of persc residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1566(Amended) subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, floor plans, and elevations. 2. That all mechanical equipment and trash are shall be screened from adjoining properties and from adjoining streets.. 3. That an off -site parking agreement shall be approved by the City Council, guaranteeing that a minimum of 40 parking spaces shall bi maintained at the easterly corner of Second Avenue and Goldenrod Avenue for at least three years. If the applicant loses the us of the subject parking spaces at a later da and cannot obtain the required number of pa ing spaces at another approved location, th net public area of the restaurant facility shall be reduced so as not to exceed the ne public area that currently exists on the s.i 4. That the hours of the operation of the rest rant facility shall be limited from 5:30 P. to 12:00 Midnight, daily, unless an offsite parking agreement is approved for,parki.ng spaces during daytime hours. 5. That a sign be posted on the front of the premises indicating the location of the off site parking lot, said sign to be approved by the Department of Community.Develo.pment.. 6. The approval for the sale of alcoholic beverages in the expanded restaurant shall be for a three year period from the.effecti date of this action, and any request for Mrse7 s Is , to ^k t te. �u N. ve �S 4, , , . City of Newport Beach March 17, 1977 MINUTE 40L.L CALL., IN13e extension shall be acted upon by the Modifi- cations Committee. The extension of the original Use Permit No. 1566 is hereby terminated. Commissioner Hummel advised that as a local resident, he had no objection to the restaurant because of its quiet low-key nature, however, he voiced concern with parking in the area and felt that valet parking would be detrimental and cause more congestion. Commissioner Seely returned to the dais. #; -Item Request to permit the construction of second USE PEI fl0. 181 floor room additions so as to expand The Surfer take-out restaurant facility in the C-1 District. Further request to waive all of the required DENIED ...parking spaces in conjunction with the proposed development. L o c a tAjo n - A portion of Lot 1, Block 22, Newport Beach, located at 2200 West L 'w Ocean Front, an the northerly cornev of West Ocean Front and 22nd Street n McFadden Place. Zone: C-11 Applicant: Franc'isrsini, Costa Mesa Owner: Same as Applicant Public hearing was opened in nnection with nne c t 'o n w this matter. .Fran Ursini, IB03 Hummingbird, Costa esa, applicant, appeared before the Commiss' . I n and advised that the restaurant has not been sed to its full t t a Ilow ab potential with respect to allowa - t occupancy load and rath , er than just adding t 1 es, he would like to remodel the second floor. He h are concurred there was a parking problem in the are but felt it would exist regardless of the Attachment No. PC 4 Existing Off -Site Parking Agreement (7/8!77) �i__ �, _RECORDING REQUE, 'D BY AND 13994 8K12284 ?6 375 L -; . WHEN RECORDED R'.RN TO: _ Er �'i� I RECORDED IN OFFICIAL RECORDS ` - -3100 Clerk C2 OF ORANGE COUNTY, CALIFORNIA 3300 Newport Boulevard Newport Beach, California 8:05 AM. JUL 111977 1. WYUE CAR= County Recorder Space Above This Line for Recorder's Use Only OFF -SITE PARKING AGREEMENT (John E. Soukeras - 440 Heliotrope Avenue, Corona del Mar) T41 S AGREEMENT is made and entered into this day of �, 1977 between the CITY OF NEWPORT BEACH, a munici al corporation, hereinafter referred to as "City ", and JOHN E. SOUKERAS, hereinafter referred to as "Owner". W I T N E S S E T H: WHEREAS, John,E. Soukeras is the owner of that certain.. real property located in the City of Newport Beach, County of Orange, State of California, and more particularly described V-� Parcel 1 of a certain parcel map filed in Book 57, Page 20 of Parcel Maps, County of Orange, California, being a division of portions of Lots 1 and 2 and a portion of a vacated alley of Block G, Tract 323, as shown on a map recorded in Book 14, Pages 40 and 41 of Miscellaneous Maps, Records of Orange County, California hereinafter referred to as Parcel "A "_ WHEREAS, Owner proposes to expand the existing restaurant business located on the above described property, known as "The Pirates Inn ", 440 Heliotrope Avenue, Corona del Mar, California,; WHEREAS, the Newport Beach Municipal Code requires a total of forty (40) parking spaces for off- street automobile parking for the use of its employees and business invitees. WHEREAS, Owner has entered into an agreement with CDM Properties, Inc. for the use of a parking lot at the south- �r�G�.fq q6 C/&, a BA 12264P6 376 east corner of 2nd Avenue and Goldenrod Avenue, Corona del Mar, California to be utilized from the hours between 5 :30 P.A. to 12:00 P.M. on any day, a copy of which agreement is attached hereto marked Exhibit "A ". WHEREAS, the Planning Commission of the City of Newport Beach at its meeting of March 17, 1977 considered the off -site parking agreement in conjunction with consideration Of amended Use Permit No. 1566 by Owner to expand the existing restaurant facility and recommended approval of the off- street parking agreement to the City Council of the City of Newport Beach. WHEREAS, the City Council at its meeting of May 9, 1977 considered the provisions of Section 20.30.035D of the Newport Beach Municipal Code and determined that the off- street parking agreement should be approved. NOW, THEREFORE, in consideration of the foregoing, . IT IS AGREED by and between the parties hereto as follows:. 1. For so long as the building located on Parcel "A" is used as a restaurant facility, Owner will lease from CDM 'Properties, Ltd. not less than forty (40) off - street automobile parking spaces on the property at the southeast corner of grid Avenue and Goldenrod Avenue, Corona del Mar, California. Owner will provide the Director of Community Development of the City of Newport Beach a new or amended parking agreement ninety (90) days prior to the expiration of the parking agreement presently existing. 2. In the event the use of the forty (40) off- street automobile parking spaces as referred to in Paragraph 1 above should be terminated and lost to Owner for any reason, Owner will immediately thereafter obtain additional off- street parking spaces satisfactory to and to be approved by the City. If the substitute parking spaces are not obtained, owner will - 5� BK 12284FE 3T7 reduce the capacity of said restaurant to a level equal to the level of occupancy in existence at the time of approving of Use Permit No. 1566, or if some, but not all required park- ing can be provided, reduce the level of occupancy so as to reduce the parking requirements of said structure to a level consistent with off - street parking available to Owner as required by the City of Newport Beach's parking standards then in effect. 3. This Agreement shall run with the property described as Parcel "A" and shall bind the heirs, successors in interest and assigns of the parties hereto and it shall be recorded in the office of the County Recorder of the County of Orange, State of California. IN WITNESS WHEREOF, the parties hereto have executed . this Agreement on the day and year first above written. ' CITY OF NEWPORT BEACH, A Municipal `7Corporation By �^--+ Mayor ATTEST, ^ .. Olty Clerk 1. JOH6 S UXERA , STATE Ve UALlt<: lA) ) s5: BIf 12284K 378 COUNTY OF ORANGE J On 1977,'bcfore me, the under- . signed, a Notary P li In and for said State, personally appeared Milan Dostal known to me to be the Mayor and , known to me to be the city Clerk of the Municipal Corporation that executed the within - Instrument, known to me to be the persons who executed the within Instrument on behalf of the Municipal Corporation therein named, and acknowledged to we that such Municipal Corporation executed the within Instrument pursuant to a resolution of its City Council. WITNESS_my hand and official seal. ♦ C (IC10.1, SE!l ♦ 0 /`f}LL /,'tA: LY // [4` ' Notary.Publz n and for said tate e,._.4.F�t DO,.''..�TiiY LyPi \:EN � e- iY 19II1 ♦ N Commission E.oile Fn G. s 9. ..,.. >esRA�raeaF"CALT4°BhYv�i;) COUNTY OF ORANGE On ' , 1977, before me, the under- signed, a Notary Public in and for said State, personally appeared , known to me to be the President and . , known to me to be the Secretary of the corporation-that executed the within Instrument, known to me to be the persons who, executed the within' Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. - WITNESS my hand and official seal. Notary Public in and for -said State STATE OF CALIFORNIA) COUNTY OF ORANGE ) - On 1977, before me, the undersigned, a )Votary Pub lc an for said state, personally appeared ... U air whose nam is subscribed to the within I trument and acknowledged that executed the same._ ♦���� ♦ ♦ ♦ ♦ ♦� ♦ ♦e" "'r"'±3�5 my band and official seal. DOFr ;;IiY L. PAL'cN CGUN I, j.my Fb. 9, :561 Notary Pub V in and tar said State. •r ♦f rer. ♦ »ry<Ya.i ems. 1 ♦er�r> ♦w.> STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) .On , 1977, before me; the.undersigned, a Notary Public in and for said State, personally appeared , whose name is subscribed to the within Instrument and acknowledged that executed the same. .Notary Public in and for said State t t� a. i Attachment No. PC 5 Outdoor Dining Permit No. 2003 -002 ��J r k T. r M t CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92656 (949) 644 -3200; FAX (949) 644.3229 December 30, 2003 Kurt Conrad c/o: Conrad Holdings 240 Newport Center Drive, Suite 201 Newport Beach, CA 92660 �.J Acc. Outdoor Permit No. OD2003 -002 (PA2003 -087) Staff Person: Javier S. Garcia, 644 -3206 Appeal Period: 14 days after approval date Application No: Accessory Outdoor Dining Permit No. OD2003 -002 (PA2003 -087) Applicant: Kurt Conrad Owner: Kurt Conrad, Newport Beach Address of Property Involved: 440 Heliotrope Avenue Legal Description: Parcel of Resubdivision No 412 The applicant proposes to add outdoor patio seating within an area adjacent to Heliotrope Avenue. The outdoor dining will be utilized in conjunction with an existing full - service restaurant and will add nine tables and 18 seats (maximum) in front of the facility facing Heliotrope Ave. The property is located in the RSC District. Director's Action: Approved December 30, 2003 The Planning Director in approving the application, analyzed issues with regard to parking requirements, hours of operation, noise and restrooms facilities. A detailed discussion can be found in the attached appendix. In consideration of those aspects, the Planning Director determined in this case that the proposal, as conditioned, would not be detrimental to persons, property or improvements in the neighborhood and that the accessory outdoor dining permit as approved is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code based on the following findings: FINDINGS The Land. Use Element of the General Plan designates the property for 'Retail and Service Commercial' land use; and the proposed outdoor dining is accessory to an existing restaurant, a permitted use within that designation. I 55 December 30, 2003 Page - 2 2. This project has been reviewed and determined to be categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The approval of this application will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons: • Since the use is accessory to and an extension of the existing restaurant use, it is subject to all the findings and conditions of approval of Use Permit No. 1566 and its amendments, and not an independent use. • The proposed outdoor dining area, as conditioned, is compatible with the surrounding land uses, and its limited hours should prevent noise from adversely impacting the nearby residential uses. • The proposal does not include any noise generating activities inside or outside of the facility (i.e., live entertainment is not authorized for the facility) and those activities are specifically prohibited in the outdoor dining area by this approval. This includes the relocation of the host station to the interior of the facility. • The operation of the proposed development will increase the outdoor noise level in the immediate vicinity and the provision of a noise barrier is necessary to mitigate, to the greatest extent possible, the noise impacts on the residential uses located across the street and in the proximity. 4. The proposal is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code for the following reasons. • The use is accessory to and an extension of the existing food service use. • The location of the proposed accessory outdoor dining will not reduce the existing parking spaces. • The remodel of a portion of the front of the property to allow for the outdoor dining use is consistent with the intent and purpose of the code to provide outdoor dining opportunities. CONDITIONS: That development shall be in substantial conformance with the approved site plan, detail seating plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining shall be used in conjunction with the related adjacent food establishment and shall be limited to a maximum of 18 seats and 250 sq. ft. (gross floor area), as proposed (not to exceed 25 percent of the indoor net public area), unless a use permit is first approved by the Planning Commission. The host area shown on the floor plan shall be relocated to the interior of the restaurant. 3. The outdoor dining (tables and chairs) shall be located within a well defined fenced area. The required fence enclosure shall be a minimum height of 9 feet and a solid fence or glass screen wall. No tables shall be permitted outside of the fenced area of the facility, beyond the seating area depicted on the plan or in the public right -of- way. The specific brand, size, type and model of tabletops and seating shall be approved by the Planning Department prior to installation. In addition, any proposed changes to the type or model shall be approved prior to installation. The seating adjacent to the food use facility shall be limited to the area as delineated on the approved site plan only. The use of turf surface within the outdoor dining December 30, 2003 Page - 3 area shall be reviewed and approved by the Building Department prior to issuance and implementation of the outdoor dining area. 4. The outdoor dining area shall be accessed from the existing door that serves as the main entry to the restaurant. No new exterior doors or access way shall be allowed to serve the outdoor dining area from the interior of the existing restaurant, unless an amendment to this outdoor dining permit and Use Permit No. 1566 is first approved, as determined by the Planning Director. 5. The proposed firepit shall be gas- buming only, use of wood burning fireplace or pit is prohibited. 6. Prior to implementation of the outdoor dining, a revised floor plan showing the final configuration of the outdoor dining area (including the required noise barrier) in relation to physical site features (the use of physical noise barrier to delineate the area shall be specifically defined and labeled) shall be submitt d to and approved by the Planning Department in conjunction with the building permit for the interior alterations of the tenant space. The revised plans shall fully indicate and dimension the distance between the existing property line and the proposed work, including widths, lengths, and heights. The top of the proposed landscape plantings (horsetail) atop the new planters along the back of the existing sidewalk shall be limited to a maximum of 24 -inch above the finish surface of the adjacent existing public sidewalk. The daily hours of operation for the outdoor dining area are limited to between 5:30 p.m. to 9:00 p.m. This will allow for final seating of patrons at 9:00 p.m. and clearing and closing of the outdoor dining area at 9:30 p.m. All activities within the outdoor dining area, including cleanup activities shall cease at 10:00 p.m. Any increase in the hours of operation requires the approval of an amendment to this application. 8. The operator of the food service use shall be responsible for the clean up of all on- site and off -site trash, garbage and litter generated by the use. Additionally, the area outside of the food establishment, including the public sidewalks, shall be maintained in a clean and orderly manner and may be subject to providing periodic steam cleaning of the public sidewalks as required by the Public Works Department. 9. Trash receptacles for patrons shall be conveniently located outside of the related food service facility to serve the accessory outdoor dining area. 10. Outside paging system or any other sound system utilized in conjunction with this outdoor dining establishment is prohibited. 11. The use of area heaters shall be approved by the Building Department and the Fire Department prior to installation or use. The use of propane heaters and the storage of propane containers on the premises are prohibited, unless otherwise approved by the Fire Department. 12. Alcoholic beverage service shall be prohibited in the outdoor dining areas, until an amendment to the existing ABC licensed area is first approved by the Police Department and the State's Department of Alcoholic Beverage Control. 1911 i ) December 30, 2003 Page - 4 13. The Applicant shall comply with the previous Public Works Department instructions to apply for and obtain an encroachment permit for the on -going work within the public right -of -way. In the event that such encroachment permit is not applied within one (1) week of Committee Review, the Public Works Department at its discretion will issue a Stop Work violation against the work. The two (2) proposed curb drains as designed on the submitted Plans will allow daily polluted janitorial on -site runoff from the outdoor dinning area to enter the public right -of -way. These curb drains shall be eliminated. The existing curb .cores shall be reconstructed with a minimum 5 -foot section of new concrete curb and gutter per City of Newport Beach Standard Plans. All on -site runoff generated within the outdoor dining area shall be plumbed for discharge into the existing on -site sanitary sewer system. City approval of such discharge system is required. 14. The existing concrete driveway approach shall be reconstructed with new concrete curb and gutter.per City Standard Plan No. STD- 165 -L. In lieu of the new sidewalk shown on STD - 165 -L, the applicant may propose a landscaped parkway for City approval. 15. The entry gate or door located at the street right -of -way shall be redesigned so as not to open into the public right -of -way. This may require moving the door in or removing it entirely, The Building Department shall also review and approve the revised door /gate placement prior to installation. No portion of the proposed entrance door to the establishment, when fully opened, shall extend into the public right -of -way. 16. All improvements shall be constructed as required by Ordinance and the Public Works Department. 17. A separate encroachment permit is required for the new work within the public right -of -way. 18. An approved encroachment agreement is required for all private improvements within the public right -of -way. Such agreement shall require that all portions of any private plantings that encroach onto the public right -of -way. be trimmed and maintained continuously. The property owner shall be charged for the cost of any landscaping maintenance work performed by the City. 19. The applicant shall submit plans to the General Services Division and the Public Works Department for the trimming or removal any City Tree located within the public right -of -way. Any such work shall also be included in the encroachment agreement or permit prior to commencement of work within the public right -of- way 20. All applicable conditions of approval of Use Permit No. 1566 and its amendments shall apply and remain in force (copy available in the Planning Department), except as limited or restricted by the conditions of this approval, including but not limited to the hours of operation as specified. This will not preclude a change in the opening hour of the operation as specified by Use Permit No. 1566, which may require an amendment to the use permit approved by the Planning Commission. 21. The parking or stopping of delivery vehicles in the alley is prohibited at all times i December 30, 2003 Page - 5 i 22. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints, or reduce the hours of.operation. 23. Should this business 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 company. 24. The Planning Department may add to or modify conditions of approval to this outdoor dining permit. In addition, they may revoke this approval upon a finding of failure to comply with the conditions set forth in Chapter 20.82.of the Municipal Code or other applicable conditions and regulations governing the food establishment. The Planning Director or the Planning Commission may also revoke this permit upon a determination that the operation (that is the subject of this approval) causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. The decision of the Planning Department is final, however, the approval is subject to call up by the Planning Commission or the City Council for referral to the Planning Commission within 14 days of the decision date. Additionally, in accordance with the provisions of Section 20.82.080 of the Municipal Code, the applicant or any interested party may appeal the decision of the Planning Director to the Planning Commission within 14 days of the date of the decision. A filing fee of $915.00 shall accompany any appeal filed. PATRICIA L. TEMPLE, Planning Director By Javil S. Garcia, AICP Senior Planner F: \USERS\PLN\Shared\PA :s\PAs - 2003TA2003- 087=2003 -002 appr.doc Attachments: Appendix Vicinity Map Detail Seating Plan Letters of Opposition: D & D Stone, owners 439 Heliotrope Ave Mr. & Mrs. Chesboro, owners 432, Heliotrope Ave cc: property owner Cox Family Trust, Myrtle Cox, Trustee 1781 Shady Crest PI. El Cajon, CA 92020 Code Enforcement Officer 51- December 30, 2003 Page - 6 APPENDIX Parking Requirement In accordance with Chapter 20.82 of the Newport Beach Municipal Code, accessory outdoor dining requires no additional parking if it is less than 25% of the interior net public area. The subject facility complies with that requirement. Therefore, based on the recommended restrictions (250 square feet maximum size and 18 seats maximum) and the parking characteristics of the use, adequate parking is provided at the existing off -site location to serve the proposed use. Restroom Facilities Since the applicant has requested additional exterior seating for 18 persons in addition to the seats approved inside, the Building Department requires the provision of separate sex public restroom facilities. Public access to the restroom through the dining area of the restaurant is provided. Hours of Operation The applicant has not proposed any particular hours of operation for the outdoor dining area, however, the use permit allows the restaurant to operate between 5:30 p.m. and Midnight, unless an off -site parking agreement is approved for parking spaces during the daytime hours. Due to the proximity of the residential uses across the street and down the block, staff has limited the hours of operation of the outdoor dining use to 5:30 p.m. to 9:30 p.m. This will allow for final seating of patrons at 9:00 p.m. and closing of the outdoor dining area at 9:30 p.m. Noise Concerns Staff is concerned that the proposed outdoor dining use is located such that noise will disturb the quiet enjoyment of the existing residential properties across the street and in the vicinity. Therefore, staff has included a requirement to provide for a noise barrier in the form of a 9 -foot high wall or glass screen around the perimeter of two sides of the outdoor dining area and have also limited the hours of operation of the outdoor dining area to mitigate the potential adverse impact of the proposed use. 0 Attachment No. PC 6 Notice of Violation 1p l 1 w CITY. MANAGER'S OFFICE Code & Water Quality Enforcement Division October 27, 2008 Mr.Ali Zadeh 216 26" Street Manhattan Beach, CA 90266 -2161 Subject: 440 Heliotrope Ave (A.P. No. 459 182 10) /.Port Restaurant &.Earl Use Permit 1566 Amended/ Outdoor Dining Permit OD2003 -002. Dear Mr. Zadeh: This othce has been informed that you are currently providing, live entertainment at the Port Restaurant & Bar in Corona Del Mar. The use permit which you currently are operating under does not permit live entertainment at this location; nor do you possess a live entertainment permit. Additionally; we have been informed that you are exceeding permitted hours of operation in the restaurant facility and outdoor dinning area. Therefore, if you currently are providing live entertainment, you. amasked to discontinue that portion of your restaurant operation immediately, and abide by the permitted hours of operation. Please see attached documents. To discuss this letter please contact Charles Spence at 949- 644 73212 between the hours of 8:00 am to 3:00 pm. Monday thru Friday. Very trulyyours, Charles Spence Code and Water Quality Enforcement Officer 3300 Ne xWrt Boulevard • Post Office Box 1768 • Newport Aeach. Caltfornia 92658.8915 . Telephone: (949) 644 -3215 - Fax: (949) 718 -I840 i�7111.7.ctty.ne.wport- bcach.ca.us ('3 AttachmOM No. PC 7 Project Plans , �5 I 0 Attachment No. PC 8 City's Exterior Noise Standards 61 Attachment No. PC 8 City's Exterior Noise Standards 4.1 Chapter 10.26 COMMUNITY NOISE CONTROL Page 1 of 1 10.26.025 Exterior Noise Standards. A. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone: If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to . create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any.fifteen- minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A- weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995; Ord. 95 -38 § 11 (part), 1995) http:// www. codepublishing. com/ CA/NewportBeach/html/NewportBeach l O/NewportBeac... 08/12/2009 ALLOWABLE EXTERIOR NOISE LEVEL (Equivalent NOISE TYPE OF Noise Level, Leq) ZONE LAND USE 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. I Single -, two -or multiple - family residential 55 DBA 50 DBA II Commercial 65 DBA 60 DBA III Residential portions of mixed -use properties 60 DBA 50 DBA IV Industrial or manufacturing 70 DBA 70 DBA If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to . create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any.fifteen- minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A- weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995; Ord. 95 -38 § 11 (part), 1995) http:// www. codepublishing. com/ CA/NewportBeach/html/NewportBeach l O/NewportBeac... 08/12/2009 Chapter 10.26 COMMUNITY NOISE CONTROL Page I of I 10.26.055 Noise Level Measurement. A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five feet above the finished floor level. B. The location selected for measuring interior noise levels shall be made within the affected residential unit. The measurements shall be made at a point at least four feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position. (Ord. 95 -38 § 11 (part), 1995) 1,b httn- //w vrn&.nilklicbin,r nm/(' d I I(l no/Ininn nn Attachment No. PC 9 JEC Sound Test of -1), 07111,0/2009 12:54 17145290851 .IEC PAGE ul /u4 =F7 Z:7 .Z A.Division of Wissco, Inc. Noise Study TO: Jaime Murillo, Associate Planner Planning Dept. City of Newport Beach (949)644 -3209 jmudl loC&citv.newaort- beach.ca.us FROM: Chris Wissman J.E.C. 363 Clihwood Park st. unit A Brea, Ca. 92821 (714)529 -6875 Chrisw4321 @aol.com SUBJECT: Application to Amend use Permit No. 1566 Port Restaurant/Bar, 440 Heliotrope ave. (PA2009 -080) APPLICANT NAME: Ali Zadeh The noise study was performed on June 10th 2009, and monitored byDet. Stark, NBPD and Bryan Moore, ABC Liaison, Detective Division, NBPD 949 - 644 -3725 bmooreftbad.oig Testing Eguioment- American recorder model spl -8810 conforming to IEC641, ANSI S1.4 type 2 sound level meter We tested with live music at the Dining "B" area (future live Entertainment area), and with a D.J. system Inside at the Bar area, With the D_'.J. system playing at 90 -105 dba inside, we found it to be the highest level sound to monitor from outside. Existing Site Conditions The restaurant is a full - service establishment and permitted to operate under the conditions of Use Permit No. 1566. The restaurants hours of operation are (5 :00 p.m. to 12:00 a.m., seven days a week), and parking is maintained and provided In accordance with the Use Permit. No live entertainment and/or dancing are 363 Cliftood Park Street, Unit A • Bros, California 92821 Telephonc (114) 529.6VS • Fax: (714) 529 -0851 - License No. C10- 649567 41-1 5 vF ,. •, `� <1 r � � �: � v 4., �h?. ��x J'n� Jin. '�+ \ � � r 5 i '' P� / � �i �~� N� } 7 �/ �� � w, a �` �� � .� \ ] 1 { �� �. � �7 � � �� � l _ �- v �.L l �' \ �♦ A � �� �J� ) N_� lei �, _ � � }4 -; /' L 137/10/2009 12:54 17145290851 JEC PAGE 03104 A Division or Wlssco, Inc. City Noise Regufafions Chapter 10.26 of the Municipal Code (Community Noise Control) states the allowable average exterior noise levels experienced in a residential area (Zone 1.) are as follows: a 56 dBA for any 15- minute period during the daytime hours of 7:00 a.m. to 10:00 p.m • 50 dBA for any 15- minute period during the nighttime hours of 10:00 p.m. to 71.00 a.m. • The maximum instantaneous noise level that Is permitted is 75 dBA during the daytime or 70 dBA during the'nighttime. o The ambient noise shall be standard if the ambient noise level exceeds the resulting standard. Noise Studv This noise _ study was prepared pursuant to the, exterior noise levels criteria specified in Chapter 10.26 of the Municipal Code (Community Noise Control). The noise study has checked the noise measurements of the nearest residences. The following chart summarizes the results from the noise study that was conducted under all conditions: (` With doors closed Noise levels were undetectable from Restaurant and were at Ambient level) The noise study indicated that the average and maximum noise levels generated 363 Cli&ood Park Strcet, Unit A • Brea, California 92821 'fhlaphone: (714) 529 -6675 • Fax: (714) 529 -0851 • License No. C10449567 q, A ,.. _'_ 4E.. IV,t�tG' ''fVctlSerl': qt3,- �,-.^;.'kj•.L, i;= i' � q':�; °•',' -�e, .. . Fxtetibr � �urval�K+t�d�laiserL`�i!ei�a�. , ,rt�- , .E�operK!, Line ,::9Leveks�' ;, :of.f�as'itt±rice��eq,t5rrim7 ,..:'.'.'` ,;. ":,?.. -'£' =Waicirriumc; 'i:Wylpdtsws,:..pt•. T•:. "z`9t80;aiit.�';" `'S 1'• V...'i p{ (� (��p♦ �_: - - - �''R'v'ea �e� �Nilaznn • �/�Veta'9'e? :'�ikiti`: ; O olde[)fgtf " 47.0 49 :0 49.0 50.0 '47.0 449.0 9,Eielii5tCOlie =''; .46.0 47.0 49.5 50.0 •46.0 T47.0 t:432;k1eliotrCp - 46.0 47.0 47.5 50.0 `46.0 `47.0 433Yi7sav §^:'i;„ 52.0 56.0 52.0 52.0 •52.0' "56.0 (` With doors closed Noise levels were undetectable from Restaurant and were at Ambient level) The noise study indicated that the average and maximum noise levels generated 363 Cli&ood Park Strcet, Unit A • Brea, California 92821 'fhlaphone: (714) 529 -6675 • Fax: (714) 529 -0851 • License No. C10449567 q, p„ ...... .IEG YHUt tl4 /tiv A Divlslon of Wissco. Inc. Conclusion The study concluded that noise generated by the DJ system or Live Entertainment will not exceed the maximum allowable exterior noise level at any nearby residentially -ioned property of 50 dba, and 60 dba for commercially zoned property from 10:00 p.m. to 7:00 a.m. The study acknowledges, however, that some of the activities at the restaurant area will, on occasion, be audible and discernible at the nearby residences because the type and character of the noise generated by the restaurant activities (i.e, people talking,. car's leaving from the parking lot) are different from the ambient traffic noise and will be addressed with the parking plan_ In order to relate the submitted noise study and the City's noise standards to the Planning Department, Mr. Zadeh sought our professional opinion as an independent acoustical consultant. After reviewing the actual noise readings, we found the submitted noise study is consistent with that required.by the City's noise standards. We also conclude the noise levels generated by the DJ system or Live entertainment will be audible from time to lime, but. they will not be. perceived as loud. The maximum noise levels at the residences due to the DJ system or live entertainment-activities will generally be around 47dba. During loud events, peak noise levels from Entertainment could be as high as 55 dba. These events could be clearly audible, but would not be perceived as loud since traffic on Coast Highway and aircraft overflights commonly reach noise levels in the 65 to 75 dba range. Recommendations We recommend that an additional door be installed at the front entrance to block out the sound that comes out when a customer enters or exits the restaurant. As discussed above, noise from -the restaurant may be heard by the residents, especially during. fulls in traffic in the later portion of the evening, and the additional door will make a. substantial difference. Qualifications: Chris Wissman — Audio Engineering for over 15 years including sound design and layout for indoor and outdoor venues, churches, theater, dance and sound rooms. Dolby digital and system layout certified. James Wissman — Sr. Partner, U.S. Navy Ret. Trainer for Acoustical studies and sound management with over 30 years experience in audio application. 363 Ghffwood Park Sireer,.UnhA • Brea. California 92821 Telephone: (714) 529.6$75 • Fax: (714) 529 -0851 • License No. CIO- 649567 11 Attachment No. PC. 10 Police Department Memorandum 11 '1 X City of Newport Beach Police Department Memorandum July 31, 2009 TO: Jaime Murillo, Associate Planner FROM: Detective Bryan Moore SUBJECT: Port Restaurant & Bar, 440 Heliotrope Ave., Amendment to Use Permit No. 1566 (PA2009 -080). At your request, the Police Department has reviewed the project application for The Port Restaurant & Bar, located at 440 Heliotrope Avenue, Newport Beach. Per the Project Description submitted by the Owner, Ali H. Zadeh the proposal is to allow the following changes in the operational characteristics of the existing restaurant: (1) Expand the hours of operation (5 p.m. to 12 a.m.) by extending the closing time to 1 a.m., (2) Introduce live entertainment and dancing, (3) Remodel the existing floor plans to enhance circulation within the restaurant, and (4),Request approval of an off -site parking agreement to allow use of 40 spaces on property located at 2865 E. Coast Hwy. The applicant currently has a Type 47 (General — Eating Place) license with the Department of Alcoholic Beverage Control. I have included a report by Crime Analyst Paul Salenko that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this new location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City. Additionally, this location is within an RD that is over the Orange County per capita of ABC licenses. Applicant History The Port Restaurant was established in Corona Del Mar in 2006. It is located south of the historic Port Theater in a newly renovated ocean -side bungalow. The interior of the restaurant features a chic Mediterranean decor along with an outdoor patio and heated Atrium. The Port Restaurant also prides itself on its unique Continental cuisine, top -shelf bar menu and comprehensive wine list. In 2008 the restaurant earned a coveted spot in the Zagat review guide. -1 0 Port Restaurant & Bar Amendment to UP No. 1566 By all accounts, the Port Restaurant is a quality dining establishment which compliments the community of Corona Del Mar. It should be noted, however, that in October of 2008 the City of Newport Beach became aware of various use permit violations associated with the restaurant. These violations .included providing live entertainment without the proper permits and exceeding permitted hours of operation. On October 27, 2008 Newport Beach Code and Water Quality Enforcement sent the Operator of the restaurant, Ali Zadeh, a letter advising him to discontinue the above activities. In February of 2009, Newport Beach Code and Water Quality Enforcement continued to receive complaints from residents regarding loud music and people leaving the location at 1:30 a.m. The issue was referred to the Newport Beach Police Department to investigate the validity of the complaints. On February 5, 2009, an investigation was conducted at the Port Restaurant at which time Newport Beach detectives observed the business to be conducting live entertainment (D.J.) and operating past 12 a.m. A crime report was generated and forwarded to Code and Water Quality Enforcement. On February 19, 2009, representatives from Newport Beach Code and Water Quality Enforcement as well as the Police Department met with Mr. Zadeh. The purpose of the meeting was to discuss several outlined use permit violations as well as the use permit amendment process. Mr. Zadeh expressed interest in amending his use permit, however, it was made clear that the Port Restaurant could not continue to operate in violation during the application process. On May 1, 2009, the Police Department conducted a second investigation at the Port Restaurant at which time subsequent violations were observed. These Violations included: discontinuing food service before close, live entertainment (D.J.), blocked aisles and overcrowding. Mr. Zadeh was contacted at scene and issued a personal service citation for the fire code violations. He was also advised to discontinue the live entertainment which was in violation of use permit. On May 28, 2009, a NBPD Patrol Officer responded to a loud music complaint at the Port Restaurant. When the officer arrived he observed live entertainment (D.J.) being conducted in the bar area. An additional crime report was generated for the incident and forwarded to Code and Water Quality Enforcement. In June of 2009, the Port Restaurant submitted an application to amend their use permit. To assist with the review of the application, Mr. Zadeh retained the services of a noise consultant (J.E.C.) to prepare a noise study. This noise study measured the sound levels (during live entertainment) at the property lines and adjacent properties to determine whether or not they were in compliance with the city's noise control ordinance. 2 �� Port Restaurant & Bar Amendment to UP No. 1566 Members of the Newport Beach Police Department conducted an independent sound test in conjunction with J.E.C. The Police Department's measurements were consistent with those taken by J.E.C. Although the noise level produced by the live entertainment at the restaurant did not exceed the allowable exterior noise level (per the NB Municipal Code), the Police Department has still received approximately 20 calls for service in the past year for loud music. Additionally, the Police Department understands that there are several other contributing factors to the noise associated with a restaurant/bar setting. These factors include: increased vehicular traffic in the area, patrons talking outside while waiting for cabs or walking to their vehicles and other crimes /disturbances associated with alcoholic beverage consumption. By all accounts, the Port Restaurant has proposed to transform their dining establishment into more of a "nightclub" type setting. Not only is this apparent in the project proposal, but it has been evident in a blatant pattern of violations prior to the amendment application process. The Police Department has already had to spend a considerable amount of time addressing complaints with regard to the noise and activity at this location. Due to the restaurant's proximity to nearby residents, we believe that the proposed changes will only contribute to an increase in the noise and police activity. Additionally, the Police Department knows from experience that past actions are a good indicator of future performance. We encourage the Port Restaurant to continue to operate as a restaurant, however, due to the stated reasons we can not recommend this application for approval. Should this application be approved, the Police Department recommends the following conditions: Signs and Displays Any signs or displays would need to conform to City requirements. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Hours of Operation The proposed hours of operation are from 11:00 a.m. to 1:00 a.m. daily. Based on the proximity to nearby residents and the past history of noise complaints the Police Department recommends that the Port Restaurant close at 12:00 a.m. daily. 3 b1 Port Restaurant & Bar Amendment to UP No. 1566 Security The applicant shall provide licensed security personnel while offering live entertainment. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the use permit. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments For the purposes of this application, staff may also want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the Conditional Use Permit for the business: 1. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 3. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 4. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 4 Port Restaurant & Bar Amendment to UP No. 1566 5. 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. 6. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 7. There shall be no dancing allowed on the premises. 8. Strict adherence to maximum occupancy limits is required. 9. Bottle service shall be prohibited. 10.The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 11.VIP passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order, or sale of drinks is prohibited. If you have any questions, please contact me at (949) 644 -3725. Detective Bryan Moore ABC Liaison Craig ell, Lieutenant Acting ivision Commander- Detective Division 5. 3 City of Newport Beach Police Department Memorandum July 27, 2009 TO: Jaime Murillo, Associate Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Port Restaurant & Bar at 440 Heliotrope Ave. This area encompasses our reporting district (RD) number 44 as well as part of Census Tract 627.01. This report reflects City of Newport Beach crime data for calendar year 2008, which is the most current data available. Calls for Service Information City wide there were approximately 68,886 calls for police services during this time, of which 4,917 were in RD 44. A "call for service" is; any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,779 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,889 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 2,262 were Part Two crimes. The Part One crime rate for the entire city during this same period was 30,414.75 per 100,000 people. The national Part One crime rate was 3,808.07* per 100,000 people. Crimes RD 44 Newport Beach California* National* Part 1 168 2,889 1,299,685 11,251,818 Part 2 120 2,262 N/A N/A Part 1Crime Rate 3,007.52 3,430.38 3,555.6 3,622.36 The number of active ABC licenses in this RD is 29 ** Per capita ratio l license for every 193 residents. This reporting district had a total of 373 reported crimes as compared to a City wide reporting district average of 178 reported crimes. This reporting district is 190 crimes more or 109.09% above the City wide reporting district average. This location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council "K -7" policy. This location is within an RD that is over the Orange County per capita average of ABC licenses * *. �1. Arrest Information There were 46 DUI arrests and 39 Plain Drunk arrest in this area during this same period as compared to 1,680 for the entire city. This RD amounts to 5.06% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 44 (DUI /Drunk) 85 Total Arrests 197 Newport Beach 1,680 3,920 California* National* N/A 1,540,894 N/A 14,209,365 Additional Information The Alcoholic Beverage Outlets ordnance.states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 39 and RD 45 Crimes RD 39 RD 45 Part 1 264 16 Part 2 217 21 Crime Rate 30,414.75 1,693.12 Arrests (DUI/Drunk) 77 5 Total Arrests 262 10 Calls For Service 45,484 456 Number of active ABC licenses .45 ** 3 ** Per capita ratiol license for every 19* residents 315* residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 84,218. *These numbers are from the 2007 Uniform Crime Reports, which is the most recent edition. **The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit d� Attachment No. PC 11 Code and Water Quality Enforcement Memorandum �-1 o" ri b City of Newport Beach Code and Water Quality Memorandum July 31, 2009 TO: Jaime Murillo, Associate Planner FROM: Matt Cosylion, Sr. Code & Water Quality Enforcement Officer SUBJECT: Port Restaurant & Bar, 440 Heliotrope Ave., Amendment to Use Permit No. 1566 (PA2009 -080). The Code and Water Quality Enforcement Division (CWQED) has reviewed the project application and description for The Port Restaurant & Bar, located at 440 Heliotrope Avenue, Newport Beach. The CWQED recognizes that the Port Restaurant is a valuable asset to the Corona Del Mar business community. However, the CWQED recommends that the application not be approved for the following reasons: (1) The addition of live entertainment and dancing can potentially create a nightclub type atmosphere. Because the restaurant is adjacent to a residential neighborhood, a nightclub would affect the character of the neighborhood and may increase the number of complaints that this department and the Newport Beach Police Department already receive regarding noise from the restaurant/bar, noise from patrons heading to their vehicles or loitering near the establishment, loud music, and other similar disturbances. (2) Extending the hours of operation until 1 a.m. may increase the number of complaints (as outlined above) this department and the Newport Beach Police Department already receive regarding the Port Restaurant. (3) The Port Restaurant does not have a long term off - street parking agreement. (4) This department and the Newport Beach Police Department have spent a considerable amount of time responding to complaints (as outlined above) over the last eight months and approval of the application may result in increased calls for service. Applicant History In addition to the police activity at the Port Restaurant (See Police Department memorandum) the CWQED has met with Mr. Zadeh, the owner of the Port Restaurant, on two occasions and issued two Notice of Violations and three Administrative Citations since October of 2008. Port Restaurant & Bar Amendment to UP No. 1566 On October 27, 2008, the CWQED sent Mr. Zadeh a letter advising him to discontinue providing live entertainment without proper permits and exceeding permitted hours of operation. On February 19, 2009, representatives from the CWQED and the Police Department met with Mr. Zadeh. The purpose of the meeting was to discuss observed and reported use permit violations as well as the use permit amendment process. Mr. Zadeh expressed interest in amending his use permit. It was made clear that the Port Restaurant could not continue to operate in violation of Use Permit 1566 during the application process. Mr. Zadeh was issued a Notice of Violation and given copies of UP 1566, Outdoor Dining Permit 2003 -002, and Resolution 9077. On May 8, 2009, Mr. Zadeh was personally issued two $100 Administrative Citations by the CWQED for having live entertainment without a permit and changing the operational characteristics of the establishment without amending the use permit. Mr. Zadeh was advised not to have live entertainment until the use permit for the Port Restaurant had been amended. On June 14, 2009, Mr. Zadeh was issued a $200 Administrative Citation by the Code and Water Quality Division for having live entertainment without a permit on May 28, 2009. In addition to the above incidents, the Code and Water Quality Division has received complaints from residents in the neighborhood regarding noise, loud music, trash and other related problems. Copies of the emails are available upon request. Should this application be approved, the CWQED recommends the following conditions: Recommended Conditions 1. Any signs or displays would need to conform to City requirements. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the, availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 2. The hours of operation shall be limited to 11:00 a.m. to 12:00 a.m. daily. 3. The applicant shall provide licensed security personnel while offering live entertainment. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any 01 E Port Restaurant & Bar Amendment to UP No. 1566 recommendations made by the police department shall be implemented and adhered to for the life of the use permit. 4. Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Copies of the certificates of completion shall be kept onsite and shall be made available upon request 5. Approval does not permit the premises to operate as a 'bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 6. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 7. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served' in conjunction with food ordered from the full service menu. 8. A full service menu must be available until a half -hour before closing time. 9. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 10.The quarterly gross sales of alcoholic beverages shall not exceed the gross safes of food during the same period. The licensee shaft 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. 11. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach: 12. There shall be no dancing allowed on the premises. 13. Strict adherence to maximum occupancy limits is required. 14. Bottle service shall be prohibited. 3 ql Port Restaurant & Bar Amendment to UP No. 1566 15.The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 16-VIP passes or other passes to enter the establishment, as.well as door charges, cover charges, or any other form of admission charge, including minimum drink order, or sale of drinks is prohibited. 17. Prior to the commencement of live entertainment, a live entertainment permit must be obtained. 18. Deliveries and refuse collection for the establishment shall be prohibited between 10:00 p.m. and 8:00 a.m. daily. 19. All outdoor storage must be screened from public view. 20.All trash from the facility must be placed in a trash bin and stored in a trash enclosure. 21.The lids to the trash bin must be kept closed at all times. 22. The trash bin and enclosure must be kept clean at all times and the . applicant must prevent odors. 23. The applicant must clean the off -site parking lot and the areas surrounding the establishment after closing. If you have any questions, please contact me at (949) 644 - 3217. Matt Cosylion Sr. Code and Water Quality Enforcement Officer 11 C A L I t FOR N IA COMMERCIAL LEASE AGREEMENT ASSOCIATION %V OF REALTORSk (C.A.R. Form CL, Revised 04106) Date (For reference only): June 19, 2009 Legacy Property Management ( "Landlord ") and t / Ali Z deh (Tenant ") agree as follows: 1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as Rear parking lot or 286 d 2967 1 RIA1, CA 92625 ( "Premises "). which comprise approximately % of the total square footage of rentable space in the entire property. See exhibit 1 for a further description of the Premises. 2. TERM: The term begins on (date) Julv 1. 2009 ('Commencement Date "). (Check A or B): (]a A. Lease: and shall terminate on (date) Jane 30. 2010 at 5 00 ❑ AM ® PM. Any holding over after the term of this agreement expires. with Landlord's consent. shall create a month -to -month tenancy that either party may terminate as specified in paragraph 2B. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and conditions of this agreement shall remain in full force and effect. ❑ B. Month -to- month: and continues as a month -to -month tenancy. Either party may terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date, subject to any applicable local laws. Such notice may be given on any date. ❑ C. RENEWAL OR EXTENSION TERMS: See attached addendum 3. BASE RENT: A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:) ❑ (1) s 1,500-00 per month, for the term of the agreement. ❑ (2) $ per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of each 12 months thereafter, rent shall be adjusted according m any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers ( "CPI ") for (the city nearest the location of the Premises). based on the following formula: Base Rent will be multiplied by the most current CPI preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the Commencement Date. In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding the adjustment. It the CPI is no longer published. then the adjustment to Base Rent shall be based on an alternate index that most closely reflects the CPI. ❑ (3) $ per month for the period commenting and ending and S per month for the period commencing and ending and $ per month for the period commencing and ending ❑ (4) In accordance with the attached rent schedule. ❑ (5) Other: B. Base Rent is payable in advance on the 1st (or ❑ ) day of each calendar month, and is delinquent on the next day. C. if the Commencement Date falls on any day other than the first day of the month. Base Rent for the first calendar month shall be prorated based on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month shall be prorated based on a 30-day period. 4. RENT: A. Definition: ( "Rent ") shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except Security deposit. B. Payment: Rent shall be paid to (Name) Legacy Property Me gement at (address) PO Box 3539 TUatin, CA 92681 _ _ _ _ _ . of at any other location specified by Landlord in writing to Tenant. C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord. S. EARLY POSSESSION: Tenant is entitled to possession of the Premises on June 111 2009 If Tenant is in possession prior to the Commencement Date, during this time (i) Tenant is not obligated to pay Base Rent, and (ii) Tenant ❑ is ❑ is not obligated to pay Rent other than Base Rent. Whether of not Tenant. is obligated to pay Rent prior to Commencement Date, Tenant is obligated to comply with all other terms of this agreement. 6. SECURITY DEPOSIT: A. Tenant agrees to pay Landlord $ 1, 500.00 as a security deposit. Tenant agrees not to hold Broker responsible for its return. (IF CHECKED:) ® If Base Rent increases during the term of this agreement. Tenant agrees to increase security deposit by the same proportion as the increase in Base Rent. B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant's default in payment of Rent, late charges, non - sufficient funds ( "NSF") fees, or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant: (Iii) broom clean the Premises, if necessary. upon termination of tenancy: and (iv) cover any other unfulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during tenancy. Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 30 days after Landlord receives possession of the Premises. Landlord shag: (i) furnish Tenant an itemized statement indicating the amount of any security, deposit received and the basis for its disposition, and (it) return any remaining portion of security deposit to Tenant. However, if the Landlord's only claim upon the security deposit is for unpaid Rent. then the remaining portion of the security deposit, after deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession. C. No interest will be paid on security deposit, unless required by local ordinance. The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form. or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Landlord's Initials ( ) ( ) Copyright ® 1998 -2007, CALIFORNIA ASSOCIATION OF REALTORS& INC. Tenant's Initials ( ) ( ) ruwxxpwc ALL RIGHTS RESERVED. Reviewed M orroarwrry Dare CL REVISED 04106 (PAGE 1 of 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 1 OF 6) Agent: Gregory Moore Phone: (949) 675 -0999 Fax: (949) 313 - 1834 Prepared using WNForms011 software Broker: Gredory Moore Realty 2865 E Coast Highway, Corona del Mar, CA 92625 _ Attachment No. PC 12 Off -Site Parking Lease m t CAL I FO RN I A COMMERCIAL LEASE AGREEMENT ASSOCIATION �IV OF REALTORS" (C.A.R. Form CL, Revised 04106) Date (For reference Dnly): June 19, 2009 Le acv Propercv ManaaemenC ( "Landlord ") and Port R ,,�Qurant / Ali 2adeh ('Tenant') agree as follows: t. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: Rear parkins loc of a<a w err __A 92625 ( "Premises "). which comprise approximately % of the total square footage of rentable space in the entire property. See exhibit 1 for a further description of the Premises. 2. TERM: The term begins on (date) JU.ly z 2009 ( "Commencement Date"). (Check A or B): ER A. Lease: and shall terminate on (date) June 30, 2010 at 9,00 ❑ AM ® PM. Any holding over after the term of this agreement expires. with Landlord's consent, shall create a month -to -month tenancy that either party may terminate as specified in paragraph 28. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and conditions of this agreement shall remain in full force and effect. ❑ B. Month -to- month: and continues as a month -to -month tenancy. Either party may terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date, subject to any applicable local laws. Such notice may be given on any dale. ❑ C. RENEWAL OR EXTENSION TERMS: See attached addendum 3. BASE RENT: A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:) ❑ (1) $ 1.500.00 per month, for the term of the agreement. ❑ (2) $ per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers ( "CPI') for (the city nearest the location of the Premises), based on the following formula: Base Rent will be multiplied by the most current CPI preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the Commencement Date. In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding Me adjustment. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely reflects the CPI. ❑ (3) S per month for the period commencing and ending and S per month for the period commencing and ending and g per month for the period commencing and ending ❑ (4) In accordance with the attached rent schedule. ❑ (5) Other: B: Base Rent is payable in advance on the 1st (or ❑ ) day of each calendar month, and is delinquent on the next day. C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month shall be prorated based an a 3(l period. 4. RENT: - - A. Definition: ( "Rent) shalt mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security depose. B. Payment: Rent shall be paid to (Name) LeoaC,r Prcperee M iU,9 aaa at (address) Po sox 9539 zva t:in a 92681 . or at any other location specified by l:andtord in writing to Tenant. C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord. 5, EARLY POSSESSION: Tenant is entitled to possession of the Premises on June 1a 2009 If Tenant is in possession prior to the Commencement Date, during this time (i) Tenant is not obligated to pay Base Rent. and (il) Tenant 0 is ❑ is not obligated to pay Rent other than Base Rem. Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant is obligated to comply with all other terms of this agreement. _ 6, SECURITY DEPOSIT: A. Tenant agrees to pay Landlord $ 1 500. 00 as a security deposit. Tenant agrees not to hold Broker responsible for its return. (IF CHECKED:) ® 0 Base Rent increases during the term of this agreement, Tenant agrees to increase security deposit by the same proportion as the increase in Base Rent. B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenants default in payment of Rent, late charges, non - sufficient funds ("NSF') fees, or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant: (III) broom dean the Premises, if necessary. upon termination of tenancy: and (Iv) cover any other unfulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN UEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during tenancy. Tenant agrees to reinstate the total security, deposit within 5 days after written notice is delivered to Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shat': (i) furnish Tenam an itemized statement indicting the amount of any security deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant. However, 4 the Landlord's only claim upon the security deposit is for unpaid Rent. then the remaining portion of the security deposit, after deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession. C. No interest will be paid on security deposit unless required by local ordinance. The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this forth, or any portion thereof, by photocopy machine or any other means. including facsimile or computerized formats. Landlord's Initials ( ) ( ) S Copyright ® 1988 -2007, CALIFORNIA ASSOCIATION OF REALTORS)II), INC. Tenants Initials ( ) ( ) ALL RIGHTS RESERVED. Reviewed br p 0000°t°"r` CL REVISED 04106 (PAGE 1 of 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 1 OF 6) Agent: Gregory Moore Phone: (949) 675.0999 Fax: (949) 313 - 1834- Prepared using WINFormsO software Broker. Greaory Moore Realty 2865 E Coast Highway, Corona del Mar, CA 92625 _ _ _ Rear parking lot of 2865 and 2867 E Coast Hwy, Corona del Premises: Mar CA 92625 Date June I9, 2009 7. PAYMENTS: Other: $ 5 5 Category Other $ S S Category E. Total: ...... $ 3,000.00 $ 1,500.00 S 1.500.00 8. PARKING: Tenant is entitled to 40 unreserved and Np reserved vehicle parking spares. The right to parking (2 i5 (] is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent. the parking rental fee shall be an additional $ per month. Parking space(S) are to be used for parking operable motor vehicles, except for trailers. boats. campers. buses or trucks (other than pick -up trucks). Tenant shall park in assigned spaces) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable vehicles is not allowed in parking spare(s) or elsewhere on the Premises. No overnight parking is Permitted 9. ADDITIONAL STORAGE: Storage is permitted as follows: rvorrE The right to additional storage space O is ® is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent. storage space shall be an additional $ per month. Tenant shall store only personal property that Tenant owns, and shall not store property that is claimed by another, or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or Perishable goods. Flammable materials, explosives, or other dangerous or haiardous material. Tenant shall pay for, and be responsible for, the clean -up of any contamination caused by Tenant's use of the storage area. 10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur costs and expenses. the exact amount of which are extremely tliffcult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within 5 calendar days after date due, or if a check is returned NSF. Tenant shall pay to Landlord. respectively. $ 150.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenants late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent. Landlords acceptance of any late Charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent Is due under paragraph 4, or prevent Landlord from exercising any other rights and remedies under this agreement. and as provided by law. 11. CONOITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition. with the following exceptions: NO EXCEPTIONS Items listed as exceptions shall be dealt with in the following manner: 12. ZONING AND LAND USE: Tenant accepts the Premises subject to all locat, state and federal laws, regulations and ordinances ( "Laws "). Landlord makes no representation or warranty that Premises are now, or in the future will be suitable for Tenant's use. Tenant has made its own investigation regarding all applicable Laws. 13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant No other expenses wi22 be charged to tenant 14. PROPERTY OPERATING EXPENSES: A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses. including but not limited to, common area maintenance, consolidated utility and service bills, insurance. and real estate taxes. based on the ratio of the square footage of the Premises to the total square footage of the rentable spare in the entire property. OR B. ($ (if checked) Paragraph 14 does not apply. 15. USE: The Premises are for the sole use as parking L C No other use is permitted without Landlord's prior written consent. If any use by Tenant causes an increase in the premium on Landlord's existing property insurance. Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises. 16, RULESIREGULAMNS: Tenant agrees to comply with all rules and regulations of Landlord (and if applicable, Owner's Association) that are at any Time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do riot. disturb, annoy. endanger, of interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to. using, manufacturing, selling, storing, or transporting illicit drugs or Other contraband. or violate any law or ordinance, or committing a waste or nuisance on of about the Premises. . 17. MAINTENANCE: A. Tenant OR ❑ (If checked, Landlord) shalt professionally maintain the Premises including heating, air conditioning, electrical, plumbing and water systems, if any, and keep glass. windows and doors in operable and safe condition. Unless Landlord is checked. if Tenant fails to maintain the Premises. Landlord may contract for or perform such maintenance. and charge Tenant for Landlord's cost. B. Landlord ORD (if checked, Tenant) shall maintain the rdof, foundation, exterior Wallis, common areas and Parking lot 52021 be in Landlord's Initials y ( ) Tenants Initials ( ) { ) w r Copyright ® 1998-2007, CALIFORNIA ASSOCIATION OF REALTORS®. INC. Reviewed by Date tm'n.ouwc CL REVISED 04106 (PAGE 2 of 6) moomunry COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6) Pon Restauran ■In PAYMENT TOTAL DUE RECEIVED BALANCE DUE DUE DATE Rent: From 07/01/2009 To 0810112009 $ 1,500.00 S 53,500.00 07101109 Date Date Security Deposit .... .... .... .. .. .. .. $ 1 500.00 $ 1, 500.00 S 02/01/07 Other: $ 5 5 Category Other $ S S Category E. Total: ...... $ 3,000.00 $ 1,500.00 S 1.500.00 8. PARKING: Tenant is entitled to 40 unreserved and Np reserved vehicle parking spares. The right to parking (2 i5 (] is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent. the parking rental fee shall be an additional $ per month. Parking space(S) are to be used for parking operable motor vehicles, except for trailers. boats. campers. buses or trucks (other than pick -up trucks). Tenant shall park in assigned spaces) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable vehicles is not allowed in parking spare(s) or elsewhere on the Premises. No overnight parking is Permitted 9. ADDITIONAL STORAGE: Storage is permitted as follows: rvorrE The right to additional storage space O is ® is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent. storage space shall be an additional $ per month. Tenant shall store only personal property that Tenant owns, and shall not store property that is claimed by another, or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or Perishable goods. Flammable materials, explosives, or other dangerous or haiardous material. Tenant shall pay for, and be responsible for, the clean -up of any contamination caused by Tenant's use of the storage area. 10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur costs and expenses. the exact amount of which are extremely tliffcult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within 5 calendar days after date due, or if a check is returned NSF. Tenant shall pay to Landlord. respectively. $ 150.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenants late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent. Landlords acceptance of any late Charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent Is due under paragraph 4, or prevent Landlord from exercising any other rights and remedies under this agreement. and as provided by law. 11. CONOITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition. with the following exceptions: NO EXCEPTIONS Items listed as exceptions shall be dealt with in the following manner: 12. ZONING AND LAND USE: Tenant accepts the Premises subject to all locat, state and federal laws, regulations and ordinances ( "Laws "). Landlord makes no representation or warranty that Premises are now, or in the future will be suitable for Tenant's use. Tenant has made its own investigation regarding all applicable Laws. 13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant No other expenses wi22 be charged to tenant 14. PROPERTY OPERATING EXPENSES: A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses. including but not limited to, common area maintenance, consolidated utility and service bills, insurance. and real estate taxes. based on the ratio of the square footage of the Premises to the total square footage of the rentable spare in the entire property. OR B. ($ (if checked) Paragraph 14 does not apply. 15. USE: The Premises are for the sole use as parking L C No other use is permitted without Landlord's prior written consent. If any use by Tenant causes an increase in the premium on Landlord's existing property insurance. Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises. 16, RULESIREGULAMNS: Tenant agrees to comply with all rules and regulations of Landlord (and if applicable, Owner's Association) that are at any Time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do riot. disturb, annoy. endanger, of interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to. using, manufacturing, selling, storing, or transporting illicit drugs or Other contraband. or violate any law or ordinance, or committing a waste or nuisance on of about the Premises. . 17. MAINTENANCE: A. Tenant OR ❑ (If checked, Landlord) shalt professionally maintain the Premises including heating, air conditioning, electrical, plumbing and water systems, if any, and keep glass. windows and doors in operable and safe condition. Unless Landlord is checked. if Tenant fails to maintain the Premises. Landlord may contract for or perform such maintenance. and charge Tenant for Landlord's cost. B. Landlord ORD (if checked, Tenant) shall maintain the rdof, foundation, exterior Wallis, common areas and Parking lot 52021 be in Landlord's Initials y ( ) Tenants Initials ( ) { ) w r Copyright ® 1998-2007, CALIFORNIA ASSOCIATION OF REALTORS®. INC. Reviewed by Date tm'n.ouwc CL REVISED 04106 (PAGE 2 of 6) moomunry COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6) Pon Restauran ■In Rear parking lot of 2865 and 2867 E Coast Hwy, Corona del Premises: Mar, CA 92625 Date .Yore 19, 2009 18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs. without Landlord's prior written consent, which shall not be unreasonably withheld. Any alterations to the Premises shall be done according to Law and with required permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option. may post a Notice of Non - Responsibility to prevent potential liens against Landlord's interest in the Premises. Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises. 19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility, Landlord shall be responsible for any other alterations required by Law. 20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed repairs, alterations, or improvements. or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants. mortgagees, lenders. appraisers. or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient notice. In an emergency. Landlord or Landlord's representative may enter Premises at any time without prior notice. 21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 90 (or M NA ) day period preceding the termination of the agreement. 22. SUBLETTING)ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises. or assign or transfer this agreement or any interest in it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting. assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant. operation of law, or otherwise, shall be null and void, and. at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approval, and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's consent to any one sublease. assignment, or transfer, shalt not be construed as consent to any subsequent sublease. assignment. or transfer. and does not release Tenant of Tenant's obligation under this agreement. 23. POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date. such dale shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord is unable to deliver possession within 60 (or ❑ ) calendar days after the agreed Commencement Date. Tenant may terminate this agreement by giving written notice to Landlord, and shall be refunded all Rent and security deposit paid. 24. TENANTS OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall. (i) give Landlord all copies of all keys or opening devices to Premises, including any common areas, (ii) vacate Premises and surrender it to Landlord empty of all persons and personal property: (iii) vacate all parking and storage spaces: (iv) deliver Premises to Landlord in the same condition as referenced in paragraph 11: (v) clean Premises: (vi) give written notice to Landlord of Tenant's forwarding address: and (vii) All improvements installed by Tenant. with or without Landlord's consent, become the property of Landlord upon termination. Landlord may . nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant. 25. BREACH OF CONTRACTIEARLY TERMINATION: In event Tenant, prior to expiration of this agreement, breaches any obligation in this agreement, abandons the premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by paragraph 24. Tenant shall also be responsible for lost rent, rental commissions, advertising expenses, and painting costs necessary to ready Premises tot re- rental. Landlord may also recover from Tenant: (i) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination: (ii) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after expiration until the time of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided: and (iii) the worth, at the time of award, of the amount by which the unpaid Rent for the balance of the tern after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long as Landlord does not terminate Tenant's right to possession, by either written notice of termination of possession or by relenting the Premises to another who takes possession. and Landlord may enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as it becomes due. 26. DAMAGE TO PREMISES: If, by no fault of Tenant. Premises are totally or partially damaged or destroyed by fire. earthquake. accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within 90 days from the date of damage, subject to the terms of this paragraph, this agreement shall remain in full force and effect If Landlord is unable to restore the Premises within this time. of if Landlord elects not to restore. then either Landlord or Tenant may terminate this agreement by giving the other written notice. Rent shall be abated as of the date of tlamage. The abated amount shall be the current monthly Base Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired. then Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests. only Landlord shall have the right of termination, and no reduction in Rent shall be made. 27. HAZARDOUS MATERIALS: Tenant shall not use. store, generate, release or dispose of any hazardous material on the Premises or the property of which the Premises are part. However. Tenant is permitted to make use of such materials that are required to be used in the normal course of Tenants business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of removal and remediation. or any clean -up of any contamination caused by Tenant. 28. CONDEMNATION: If all or part of the Premises is condemned for public use, either parry may terminate this agreement as of the date possession is given to the condemner. All condemnation proceeds, exclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures. belong to Landlord. 29. INSURANCE: Tenant's personal property, fixtures. equipment, inventory and vehicles are not insured by Landlord against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent ads of others, or any other cause. Tenant is to carry Tenant's own property insurance to protect Tenant from any such loss. In addition, Tenant shall carry liability insurance in an amount of not less than S 1, 000, 000.00 . Tenant's liability insurance shall name Landlord and Landlord's agent as additional insured. Tenant, upon Landlord's request, shall provide Landlord with a certificate of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, in an amount of at least $ 1,000,00'0.00 , plus property insurance in an amount sufficient to cover the replacement cost of the property. Tenant is advised to carry business interruption insurance in an amount at least sufficient to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain a policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for loss or damage covered by insurance. Landlord's Initials ( ) ( ) Tenants Initials ( ) ( ) Copyright m 1998 -2007. CALIFORNIA ASSOCIATION OF REALTORS®, INC. Reviewed 6y Date [uuy xouwr. CL REVISED 04106 (PAGE 3 of 6) 11.01YN1TI COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6) Pon Restauran 41 Rear parking lot of 2865 and 2867 E Coast Hwy, Corona del Premises: Mar CA 92625 Date June 19, 2009 30, TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate). delivered to Tenant by Landlord or Landlord's agent. within 3 days after its receipt. The tenancy statement shall acknowledge that this agreement is unmodified and In full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (i) shall be deemed Tenant's acknowledgment that the tenancy statement is true and correct. and may be relied upon by a prospective lender or purchaser; and (ii) may be treated by Landlord as a material breach of this agreement. Tenant shall also prepare. execute. and deliver to Landlord any financial statement (which will be held in confidence) reasonably requested by a prospective lender of buyer. 31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement. Landlord will be released of any further obligation to Tenant regarding the security deposit, only if the security deposit is returned to Tenant upon such transfer. or if the security deposit is actually transferred to the transferee. For all other obligations under this agreement. Landlord is released of any forther liability to Tenant, upon Landlord's transfer 32. SUBORDINATION: This agreement snail be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first mortgage subsequently placed upon the real property of which the Premises are a part. and to any advances made on the security of the Premises. and to all renewals, modifications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered into after execution of this agreement. Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant pays the Rent and observes and performs all of the provisions of this agreement. unless this agreement is otherwise terminated pursuant to its terms. if any mortgagee. trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien of a mortgage. deed of trust, or ground tease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust. or ground lease. of the date of recording. 33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate. Tenant authorizes Landlord and Brokers) to obtain Tenant's credit report at time of application and periodically during tenancy in connection with approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (i) before occupancy begins, upon disapproval of the credit report(s): or (it) at any time, upon discovering that information in Tenanrs application is false, A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this agreement. 34. DISPUTE RESOLUTION: A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreement. or any resulting transaction. before resorting to arblualron or court action, subject to paragraph 348(2) below, Paragraphs 348(2) and (3) apply whether or not the arbitration provision is initialed. Mediation fees, if any, shall.be divided equally among the parties involved. It for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees. even if they would otherwise be available to that parry in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. 8. ARBITRATION OF DISPUTES: (1) Tenant and Landlord agree that any dispute or claim in Law or equity arising between them out of this agreement or any resulting transaction, which is not settled through mediation, shall he decided by neutral, binding arbitration, including and subject to paragraphs 348(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of real estate transactional law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder: (i) a judicial or non - judicial foreclosure or other action of proceeding to enforce a dead of trust. mortgage. or installment land sale contract as defined in Civil Code §2985: (if) an unlawful detainer action, (fii) the filing or enforcement of a mechanics lien: Irv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court: and (v) an action for bodily injury or wrongful death. or for latent or patent defects to which Code of Civil Procedure §337.1 or §337.15 applies. The filing of a court action to enable the recording of a notice of pending action, for order of attachment receivership. injunction, or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions. (3) BROKERS: Tenant and Landlord agree to mediate and arbitrate disputes or claims involving either or both Brokers, provided either or both Brokers shall have agreed to such mediation or arbitration, prior to, or within a reasonable time after the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the agreement. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." I Landlord's Initials _. / Tenant's Initials lf-Til / _ I Landlord's Initials } ( ) Tenants Initials (X ) ( } :opynght 0 1998 -2DD7, CALIFORNIA ASSOCIATION OF REALTORS®, INC. Reviewed by Date [uu x[tswc :L REVISED 04!06 (PAGE 4 of 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 4 OF 6) Pon Rn 14urw 11 Rear parking lot of 2865 and 2867 E Coast Hwy, Corona del Premises: Mar CA 92625 Date June 19, 2009 35. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant. each one shall be individually and completely responsible for the performance of all obligations of Tenant under this agreement, jointly with every other Tenant, and individually, whether or not in possession. 36. NOTICE: Notices may be served by mail. facsimile, or courier at the following address or location. or at any other location subsequently designated: Landlord: Legacy Property Hanagemeat Tenant:Porc Restaurant / Ali Zadeh 440 HeIiocrope Ale Tustin CA 92681 Corona del Hai CA 92625 Notice is deemed effective upon the earliest of the following: (i) personal receipt by either patty or their agent: (ii) written acknowledgement of norice: or (iii) 5 days after mailing notice to such location by first class mail, postage pre -paid. 37. WAIVER: The waiver of any breach Shall not be construed as a continuing waiver of the same breach or a waiver of any subsequent breach. 36. INDEMNIFICATION: Tenant shall indemnify, defend and hold Landlord harmless from all claims. disputes, litigation, judgments and attorney fees arising out of Tenant's use of the Premises. 39. OTHER TERMS AND CONDITIONSMUPPLEMENTS: 1. Prior to caa®encement of lease, Tenant agrees to provide landlord with certificate of General Liabilty Inaurdnce nemiog LEGACY PROPERTY HANAGEASENT, BOB AND HARZLYN IaNLEY, JASON N ADORE SHIRLEY P HCCUISTION PIANTANIDA AND BRIAN C PIANTANZDA SUCCESSOR CO- TRUSTEE AS ADDITIONAL INSURED BY HEANS OF AN ENDORCF.`ENT AT LEAST AS BROAD AS THE INSURANCE SERVICE ORGANIZATIONS'S "ADDITIONAL INSURED- "QGERS OR LESSORS OF PRWf1SES ". ENDORcmlENT AND COVERAGE SHALL ALSO BE EXTEwnvn TO INCLUDE DAJ^ CAUSED BY HEAT SMOKE OR FUNS FROM HOSTILE FIRS. 1'f>E POLICY SBALL NOT CONTAIN ANY- INSVRED EXCLUSIONS AS BETWEEN INSURED PERSONS OR ORGANIZATIONS, BUT SHALL INCLUDE COVERARGE FOR LIABILITY ASSUNE'D UNDER THIS LEASE AS "INSURED CONTRACT" FOR THE PERFORMANCE OF LESSEE'S INDEHNZTY OBLIGATIONS LWOW THIS LEASE. FAILURE BY TENANT TO HAINTAZN THIS GENERAL LIABILITY INSURANCE WZTN ADDITIONAL NAMED INSURED SHALL CONSTIaM A BREACH AND TERHTHATE THIS AGREE)> tT IAMEDZATELY. 2 Tenant agrees to deliver parking lot in clean condition bV 7AA each day. All beverage containers and cigerett butts are to be removed at tenants expense. Failure to comply by tenant shall be deemed breach of contract. Landlord 'will notify tenant in writing of any violation of this provision and a 2nd violation will be deemed a breach of C=tract and terminate this lease. 3 Landlord reserves right to issue a 30 day notice to tenant at any time during e2uz lease period. .. The following ATTACHED supplement5lexhibits are incorporated in this agreement: 40. ATTORNEY FEES: In any action or proceeding arising out of this agreement. the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and costs from the non- prevailing Landlord or Tenant. except as provided in paragraph 34A. 41. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Landlord and Tenant are incorporated in this agreement. which constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any pnor agreement or contemporaneous oral agreement. The parties further intend that this agreement constitutes the complete and exclusive statement of its terms, and that no extrinsic evidence whatsoever may be Introduced in any judicial or other proceeding, if any, involving this agreement. Any provision of this agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this agreement. This agreement shall be binding upon, and inure to the benefit cf, the heirs, assignees and successors to the parties. 42. BROKERAGE: Landlord and Tenant shall each pay to Brokers) the fee agreed to. if any, in a separate written agreement. Neither Tenant nor Landlord has utilized the services of, or for any other reason owes compensation lo. a licensed real estate broker (individual or corporate). agent, finder, or other entity, other than as named in this agreement, in connection with any act relating to the Premises, including. but not limited to, inquiries. introductions, consultations, and negotiations leading to this agreement. Tenant and Landlord each agree to indemnify, defend and hold harmless the other, and the Brokers specified herein, and their agents, from and against any costs. expenses. or liability for compensation ctalmed inconsistent with the warranty and representation in this paragraph 42. 43. AGENCY CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent: No Real Estate Brokerage Involved (Print Finn Name) is the agent of (check one): Q the Landlord exclusively, or O both the Tenant and Landlord. Selling Agent: No Real Estate Brokerage Involved (Print Firm Name) (if not same as Listing Agent) is the agent of (check one): ❑ the Tenant exclusively; or ❑ the Landlord exclusively: or O both the Tenant and Landlord. Real Estate Brokers are not parties to the agreement between Tenant and Landlord. Landlord's Initials ( ) ( ) Tenant's Initials :opyright ®1998- 2007, CALIFORNIA ASSOCIATION OF REALTORS®. INC. Rev ewed by Date aw»xaa :L REVISED 04106 (PAGE 5 of 6) ovroara «nr COMMERCIAL LEASE AGREEMENT (CL PAGE 5 OF 6) Pon Rcstauran C Rear parking lot of 2865 and 2867 E Coast Hwy, Corona del premises: Mar CA 92625 Date June 19, 2009 Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Premises; (ii) cannot verify representations made by others; (iii) will not verify zoning and land use restrictions; (iv) cannot provide legal or tax advice; (v) will not provide other advice or information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as Landlord in this agreement, Brokers: (vi) do not decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance, and other desired assistance from appropriate professionals. Tenant Date b port Rog Satai,gnf / R7.i Zadeh (Print Name( Address City Coron del Mar .State CA Zip 9 625 Tenant �d1r (Print Name) Address City State Zip Address _ Telephone Fax City E-mail State Zip THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR I NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by me enure real estate Industry. It is not intended to identify the user as a REALTOR® REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subsoibe to its Code of Ethics EAtI S Disfaihuted by. ub R REAL ESTATAT E BUSINESS SERVICES. INC. a subsidiary of fie Ca6fwnis Association of REALTORS® ` 525 %A Vito Avow. Los Angeles, California 90020 Reviewed by Date CL REVISED 04106 (PAGE 6 OF 61 COMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 6) Port Rmauran Landlord Date .4- 2 '1 C ! —� <own r a nt th a r @y to enter into this agreement) Legacy Property Managemen t Address IV City Tustin State CA_,_ Zip 92681 Landlord Date (owner or agent with authority to enter into this agreement) Address City State Zip Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this agreement are not a parry to the agreement between Landlord and Tenant. Real Estate Broker (Leasing Firm) No Real Ss to to Brokerage Involved DRE Lic. # By (Agent) ORE Lic. # Date Address City State Zip Telephone Fax E -mail Real Estate Broker (Listing Firm) No Real Estate Brokerage Ia a1 ad ORE Lic. # Rv tAoenn ORE Lic. # Date Address _ Telephone Fax City E-mail State Zip THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR I NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by me enure real estate Industry. It is not intended to identify the user as a REALTOR® REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subsoibe to its Code of Ethics EAtI S Disfaihuted by. ub R REAL ESTATAT E BUSINESS SERVICES. INC. a subsidiary of fie Ca6fwnis Association of REALTORS® ` 525 %A Vito Avow. Los Angeles, California 90020 Reviewed by Date CL REVISED 04106 (PAGE 6 OF 61 COMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 6) Port Rmauran Attachme` o. PC 13 Correspondence R A ed 161 �ba Attachment No. CC 4 09/17109 Planning Commission Staff Report 163 )bq CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 17, 2009 Agenda Item 2 SUBJECT: Port Restaurant & Bar 440 Heliotrope Avenue - PA2009 -080 • Amendment to Use Permit No. 1566 • Off -Site Parking Agreement No. OP2009 -003 APPLICANT: Ali H. Zadeh PLANNER: Patrick J. Alford, Planning Manager (949) 644 -3235, Palford(a)newportbeachca.gov DISCUSSION This item was continued from the August 20, 2009, Planning Commission meeting at the request of the applicant. The applicant's cover letter was inadvertently not included as part of the previous staff report. It is now provided as Attachment No. PC 1. Staff has not received any additional information that would warrant revising the original recommendation for denial. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt resolution denying an amendment to Use Permit No. 1566 and denying Off- Site Parking Agreement No. OP2009 -003. (Attachment No. PC 2) Prepared by: atri J. Alford, Plan ing Manager ATTACHMENTS PC 1 Applicant's cover letter ern Submitted by: David Lepo, Plan g Director [6 (o Attachment No. PC I Applicant's cover letter Jb1 VIM N 9 MALI Y u , Lim 440 Heliotrope Avenue, Corona del Mar, CA 92625 Tel: (949) 723 -9685 Fax: (949) 723 -9687 Web: www.portcdm.com Friday, May 08, 2009 City of Newport Beach Planning Department 3300 Newport Blvd, Newport Beach, California 92658 Dear Sirs/Madams: I, Ali H. Zadeh, proprietor of Port Restaurant and Bar located at 440 Heliotrope Ace, Corona del Mar, CA, would like to inform city of Newport Beach of some modifications to current its conditional use permit that has been in force since 1977. In general, these modifications are very essential and vital for proper and continued operation of Port Restaurant/Bar as a quality establishment and a true partner of the Corona del Mar community of businesses and residents. I have lived in Orange County since 1980 and been a homeowner is Corona del Mar since 2002.1 have known the location of 440 Heliotrope since its days as Trees, Mistral and Svelte. The location has always been somewhat of a locals favorite and it has been my true pleasure to restore its image and witness its growth by making it a true favorite of many locals regardless of age groups since it opened in January of 2007 for its high standard of service and quality of its food. My personal vision is for Port to continue on as a quality establishment to enrich the experiences from residents as well as becoming a tourist attraction and a dining destination for visitors of the great Village of Corona del Mar The proposed tenant improvement plan improves crowd flow and will eliminate crowdedness in one area and actually creates a wider hallway and improved access to emergency doors. (;6 1 With approval of the proposed plan, Port will extend its kitchen hours by one hour to accommodate guests. better circulation plan to avoid crowdedness, will allow people to sit in the dining room and entire food menu can be served throughout our operation from opening to closing. We serve food throughout the restaurant till 10:30PM on weekdays or 11:30PM on weekends but offer a very extensive, moderately priced and easier to serve called "Lounge Menu" till later to accommodate late arrivals while the kitchen is being broken down. (All of the menus are attached) I have managed this project personally from its inception and have been very consciousness of its unique position in center of the village and its place in people's hearts. The best interest of the community has always been a main focus of Port. The Restaurant has been involved in many city wide culinary events (3 times in Newport Beach Restaurant Week, 2 Times in Taste of Newport Beach, Orange County Restaurant Week among others) as well as hosting and donating to many local corporate seminars and charitable functions including EHG Fund, Women Helping Women, Sound of Music, Harbor View Elementary School, Lighthouse Guild, Sophisticates of ATSC, Irvine Charity League, Full Circle Learning to name a few. During these though economic times, these proposed changes in our use permit are vital to keep Port open and it's thrive to excellence for years to come and to become a true .partner with the community, Corona del Mar Business Improvement District and City of Newport Beach as well as providing employment to its qualified team members. I would also like to address the recent letters sent by City Manager's office on February 19"' (Code Enforcement) and Administrative Services (Revenue Division) on March 2"4, 2009 by means of this letter. Best Regards, Ali H. Zadeh Attachments: Planning Department Application Proposed Diagram ofModifications Copies of New Parking Lot Lease Agreements and Insurance City Manager's Letter, Dated Feburary 19'", 2009 Administrative Services Letter, Dated March 2, 2009 1 !D PROJECT DESCRIPTION REMODEL EXISTING FIRST FLOOR PLAN TO ACHIEVE A BETTER FLOW OF CIRCULATION THROUGHOUT THE ENTIRE RESTAURANT. THIS WILL INCLUDE MINIMAL DEMOLATION TO NON LOAD BEARING WALLS AND CONVERSION OF EXISTING WINDOWS AND IMPROVING OF ONE DOOR SYSTEM. A NEW DOOR WILL BE ADDED AT THE FRONT PATIO ENTRY TO ACHIEVE BETTER CROWD CONTROL AND FURTHER MINIMIZE SOUND FROM THE RESTAURANT. A PLATFORM STAGE WITH ACOUSTCAL WALL AND CELING PANELS WILL ALSO BE INTEGRATED INTO THE EXISTING FIRST FLOOR PLAN AS A WELL SOUND INSULATED ENTERTAINMENT AREA. ll�, SUGGESTED BUILDING MODIFICATIONS WITH PICTURES Please see attached photographs for these suggested modifications along with attached floor plan. 1. Addition of Door in the front Arch way For Security and Reinforcing the Noise Control 2. Changing the Entry Door System to Atrium ) J..5 To avoid overcrowdings in the hallways and aisles 3. Conversion of Window to Door for Circulation from Lounge to Dining Room Conversion of an existing window in our atrium area to a door so on later hours of the night it can be opened to help people to flow in the dining room to avoid crowdedness in the lounge area and to help us serve food in the dining room. 4. Conversion of Window to Stackable Door for Entertainment Area (OUTSIDE) IIq 5. Conversion of a portion of dining room to Entertainment Area (INSIDE) With Acoustic Panels and Tile if needed 6. Removal of the wall in the Lounge Area To create a wider hallway and to help in the flow in the very narrow area this will eliminates the toilet in the secondary Men's room but leaving sink area as well as urinals. Please note previous build out included a set of ADA approved bathrooms in the front of the restaurant as well. 7. Continuation of Side Fence for Noise Reduction and Security I Ilv Hours of Operation Closing Time Current permit dated back in 1977 stipulates that the restaurant operates between 5:30PM to 12:00 Midnight on daily basis and we would like to amend the closing hours to better accommodate the patrons so they are not rushed into streets all at once and we could serve food till later as currently many of clients leave our premises hungry as we have to close the kitchen around 1 IPM to accommodate closing at Midnight. Times have changed dramatically in the past thirty years. The style of living, social networking needs as well of the state of the economy should be noted. Corona del Mar has become a favorite destination for people to live and visit and our goal has always been to represent the village in the most professional and reputable manner to both residents and visitors. It should be also noted by us closing earlier than other bars and restaurants in the area, . some late night guests will then start walking through the village to visit other establishments because of their later hours instead of staying at Port and using public transportation and. that could become a nuisance from a noise stand point as well their safety and others crossing Pacific Coast Highway. Over the past:30 months, Port has been very conscious about safety of our guests as well as comfort otbur: neighbors by employing up to three staff member manning the front door, and advisimg.:guest to exit quietly and arrange transportation when necessary. As you could verify with Police records, Port has had the minimal amount of calls compared to any other similar establishment throughout city of Newport Beach. I would like to, request that our closing time to be extended by one hour to 1:00AM to accommodate later food service and orderly exits so all guests are not rushed out of our premises. Brunch/Lunch Hours We would like for the commission to approve amendment of our use permit to include Sunday Brunch hours where we have exclusive right of our entire off -site parking. There have been also tremendous requests for Port to be open for lunch especially on Fridays and Saturdays. I realize that we do not have the exclusive parking arrangement during those days but with lesser business activities, future proper parking improvements and implementation of additional meters and enforcements prohibiting long term parking by employees of all neighboring: businesses and residents, and the fact that Port can be a walking destination for both residents and members of the business community for commission to consider Port a parking waiver for a reduced lunch service on Fridays and Saturdays as well. h Live Entertainment From Jazz performances in Trees and Piano playing in Mistral to DJ Music of Svelte, the location of 440 Heliotrope has always had entertainment as part of the venue. Port has continued on to provide an enjoyable atmosphere of an array of entertainment. Port's entertainment consists of Acoustic Music and Dj's from local artists. As it currently stands the music plays at a very respectable, modest and reserved fashion level. So it is even hard to hear it standing right outside of the Port's front door. As far as any potential noise control we have retained services of HRA Environmental Consultants, Inc. (httn:llwww.hracih.com) and their initial findings and sound measurements were well within the city of Newport Beach ordinance. There will be a separate report to follow from their firm next week with date and measurement levels. We are willing to consult with. more professionals and obtain future recommendations including proposed installation a new door in front Arch Way and integration of acoustical panels for the new proposed entertainment area. As added measures, Port also proposes to start a valet/security service for the leased lot across the premises (copies of leases are enclosed as requested) and continuation of the side glass wall for sound and security purposes. Port. ownership and managemenihas always been consciousness about guests leaving safely -and quietly in respect of neighbors as well as Port's reputation as a First class establishment. Port is a venue that groups love to use for special occasions, Bridal Showers, Engagement Parties, Wedding Dinners, Birthday parties and networking events for both residence and travelers from resorts, all of which love to have entertainment to enhance their event. Cafe Dance Permit will also be very useful for us to be able to book those special events such as weddings and birthdays as well as offering dancing on weekend nights given that there will not be any noise traveling outside of the premises. Both Applications for Live Entertainment and Cafe Dance Permit have been submitted based on the instruction of the Code Enforcement Office to the revenue division on late February and subsequently denied by their March 2nd, 2009 letter because of approved use Permit. l would like to request that those applications to be kept open till the result of the requested amendments. Music and Entertainment.can further promote our image and business as the "best of both worlds" (an award winning cuisine and very special lounge) With the proposed plan all patrons can enjoy the entertainment while dining in the dining room or visiting the lounge. JI V Ali H. Zadeh Biography Ali H. Zadeh received his bachelor's degree in Electrical Engineering from University of California, Irvine in 1983 and his master's degree in Computer Science Engineering from Long Beach State University in 1985. He served as a member of faculty in the California State University, Long Beach for 5 years where he taught various courses in Electrical and Computer Science Engineering. He was president and founder ofMedident Systems, a practice management software company in Irvine, CA. During his eight -year stint from 1992 to 1999, his responsibilities included managing the software development, customer support, consulting services, training, human resources, and administration. His company was responsible for providing software solutions to more than 500 dental customers, In 1999, He founded EDI Health Group, Inc. (w ww.dentalxchanae.com) and served as President and CEO until June of 2008. Currently he is serving as the chairman of the board of the same corporation. EDI Health Group has earned an industry -wide reputation for being the first to pioneer web - based dental EDI solutions. In 2003, DentalXChange.com was acquired from a coalition of major insurance companies and in 2007, DentalXChange earned EHNAC accreditation in order to ensure optimal privacy and security in following HfPAA.protocol. Sinee:its inception, EHG has maintained a depth of experience.and long -term perspective that is rare among vendiirs in. this space. EHG has continued to be an innovator in claims management technologies EDI Platforms and the real -time arena, and a technologically advanced supplier of connectivity solutions in the areas of healthcare and financial transactions for patients, payers and providers; Today, the company maintains its corporate headquarters in Irvine, California and EHG has grown to support a current client base of approximately 12,600 healthcare offices. EHG is only one of the two independent clearinghouses in the country and has direct relationship and connections to virtually all major insurance carriers in the country. Yearly, EDI Health Group accounts for more than a staggering $4 billion in healthcare claims. Through its own clearinghouse, W6CWWm and ClaimConnectTM portals, the company annually processes nearly 20 million EDI transactions, consisting of more than 15 million in healthcare claims. EDI Health Group, Inc. (EHG) established the EHG Fund officially in 2007 to assist institutions and programs focusing. on quality of life issues in the areas of healthcare, education and human services to improve the lives of men, women and children all over the globe. EHG experienced the tragic loss of a beloved colleague in 2004. A school was founded in his hometown of Madras, India, as tribute to his memory and the EHG fund was born. Since then, the fund has exponentially grown to encompass and provide much needed education, healthcare and human services to individuals of all ages internationally., Partnered with organizations such as the Orange,County Community Foundation and Full Circle Learning Inc. among. others, we, seek Ways to serve the needs of underserved individuals through strategic investments in excellent charitable efforts globally. Currently EHG Fund is responsible for opening and continued operation.of two schools in Madras, India and the rural community of Mokhotlong in African kingdom of Lesotho. 0 m Attachmbo. PC 2 Draft resolution n findings for denial p-I aaa Attachment No. CC 5 Revised Project Plans 10 Pao FROJEOT DESCRIPTION a[vooR.xsCHO RRS+1. PLAN TO AcMwl. A bElm RoN M nNWU4CN MR0,..I MC ENTIRE RMTAVR41 1M15 .LL INCLVOE MIxINAL OEY .T. - W OAV BEARING WAILS MAT MILL OECONE O M OR ...w 4c p 00 R .11 VCAO A, ME FRIX t PTO EMR1 TO A IEK KTTW OR. 1ROL ANC N.A.. SW.0 iROM ME RE i VRWi, A PLASEORM SLICE WM ACOVSTCAL WALL HC CE0. G . LS M1 Am K TEROR . ME 11 S *K .1V "OR PI To A O AEwcYC glwRF 'C SOVRO 1R. ME RE51AVRAxT. RESTAURANT / BAR PORT RESTAURANT /BAR CORONA DEL MAR, CA, PROJECT DIRE&ORY PRO.E(T INFORMATION L15T OF DRMIN65 CXG'JfIIIjA IAGIIIEENFE PI ECi. AC KCa 4401iEUOMOREAV 111.1AOFECTMTA SN IR POM' STM CONONA BEL MAR, LA.1 I pROPW EObITE!vMgW VW1 CO.A OEL MAR.. W. BOh01NG T.T. NF X. UOFN EXISTING FLO.ft/yAN IGBI9Io-1Rtl . A1iN: N1[RGOTRW GWNER lENWiSPKEAgEO, �-- -���I, vobEOFLOCR MN ' Nif.N4Jl'iILLP@GM4LCOM LpItp OWES [IT'OF NEWDONi bEAa WO6.OEpl, b vaEAPLW AM[MN,FNib OL yD g9L..T. M1 EXgiWFSRiOVOS[O FIIdI1VREVVN9 ' RA NEWAORiOEAGM.GfltlF LE5AL DESCRFMN w99ESSOR'SVVRCELM nEN10Ff0 ax b.F E CENSVS iFAC! S9, Ox3 t�t6A pENEF4 eLgN CE &OIUTCN.GOMNERCW RSC iMEI GODE.ANALY51$ OCCJpANGY STM COOJP NS,FYGI,CN NPG c w y§IC ALOWIID£pRFA E.LC05F. O. Cf SLORIES�_�_�_��MR ilipNiOVIpOC1i pAIp���35)9FAfb FULLY �AINNEREp .NO lENWiSPKEAgEO, �-- -���I, 9,p3F. 6f�I� � OPEXCWR1YARp>RFw XJeF. VL, \LRrAW NO7E5 NEi PVSLIGMFA ,,R38F. y PLUMBING FIXnM COUNT MENE fIXMRECW Ni MON40��]' PppVIpEO��) WOMEXSlIXSJREOWNi RPLMPp i ' pROVNFA. ) OCWPANT LOAD TABULATION ..R. A ax b.F E G0 t�t6A M E, STM '166.' IS c w n .aeJ za giRIVM', 5539C .4.1,6 )JS ilipNiOVIpOC1i pAIp���35)9FAfb t5 LOLObEDMER IOPM Toiu.oxuPAnrLao . +u acvuvuxxtonp vASFER,w.,l P.+ VICNITY MAP ms v� N® R0JECi LOCATON: IAO NELI C. COgONA 0" OEL u AA, CA R26x5 1.L. co W Z ry co LLI Li LL N� LL O LL gggl ift 0 r- U W W W W J wei' G m ARTWE I� 1 PTE EM7ING PIIRKING APPROVEDUNDERPEWT X1631-M PARKING TAWLAT101,6 111. -AFIN.. .1G0 4 1 11 F ) P 'OflT RESTAURANT X PAII 10TROIE z SECOND AVE, (E :LSfvwxEpw.EV ----------- — SITE PLAN (FAROS PLAN Lij r r + m "4 r - y + IE- 1,; 1 Y A. OMPANT AND EXITING PLAN oFa EA. �; II � r PORT RESTAURANT / BAR HELIOTROPE AVE W O EXISTING FLOOR PLANu ° dal HELIOTROPE AVE PORT RESTAURANTIBAR c PROPOSED FLOOR PLAN (a�/ gm �a �a =f� .g c s Y & 585 HELIOTROPE AVE PORT RESTAURANTI6AR AREA CALCS. PROP05ED FLOOR PLAN l a 0 w EX$T$6 FURNINRE PLAN ECN£:19'•1'4 E45TIN5 SEAT 6OL NT mMxuA v65Fwrt pmlrvae IESF.rB BMiLWNaE PNFq....__......._ IIBPAr9 ATRNM........_ ..._._------- __ 3J M.LB Tmu ASUn PROP05ED FURNITURE PIAN BfAtE:1ft'•1'P FROF05M SEAT OOMT quwBA ar sEArs gNINBB rL4.LB BMiLWNaE PNFq....__......._ IIBPAr9 Arwu.`_..._� IIaura icl msuTB PROFO5ED SEAT COUNT (AFTER 10 PM) wmuan _ Beun aM ILOVNOEMFA :1LA19 IIeeAn rOTN --------- MBtAR Q m H z U) W F- Y_ 0 VL d �Q 34k cn ¢z LliJ a F- z 7 LL W O a 0 a a oa z z r rn X W Rf121A AM IN �I 6, %^ e TIxp FVnrviivae ttl BE rvELV4iTE0 pi MGNEOm = >__E4� Brgswa MEw QQQwvvE -I VN. 1.- NT.- 1011krMN Q m H z U) W F- Y_ 0 VL d �Q 34k cn ¢z LliJ a F- z 7 LL W O a 0 a a oa z z r rn X W Rf121A AM IN �I 6, THIS PX�i;d Attachment No. CC 6 Applicant's Statement of Facts 1�1 l3a f t' 2, s.- s..,,.r�.. r, t 440 Heliotrope Avenue, Corona del Mar, CA 92625 Tel: (949) 723 -9685 Fax: (949) 723 -9687 www.portcdm.com STATEMENT OF FACTS BY THE PORT RESTAURANT AND BAR IN SUPPORT OF ITS APPLICATION FOR AMENDMENT TO USE PERMIT NO. 1566 ("USE PERMIT") The Port Restaurant and Bar (the "Port") is an award winning four star eatery that offers fine dining at reasonable prices for its guests and patrons. The majority of those patronizing the Port are professionals and repeat customers. The Port proudly contributes to the diversity and culture of the Corona del Mar village. The Port has been a very welcomed addition to the community and supported by many of the long -tern residents of the area. This is due largely to ongoing efforts and a commitment of the Port management to cooperate with its residential neighbors to accommodate all reasonable concerns involving the operation of the business in a manner respectful of their property rights. The Port is also highly regarded by the surrounding business community. The Port has been an active participant and sponsor in numerous civic functions, charitable causes and chamber and city -wide events. (See Previously submitted letters of support from the Corona Del Mar and Newport Chambers of Commerce, Corona Del Mar Business Improvement District and numerous Charitable Organizations) The Port employs 25 individuals who look to the Port for their livelihood. The Port also contributes to the City, County and State through the payment of business, real property and sales taxes. For example, the annual real estate tax for the Port site is more than $20,000. The Port is first and foremost a restaurant offering food services during its hours of operation and is NOT intended to be, nor does it operate as, a nightclub. However, in order to be competitive with other restaurants in Corona del Mar and make the Port a viable economic business, The Port has applied to continue providing live entertainment; operate the restaurant to extend the closing hour from 12 :00 midnight to 1:00 a.m, on three nights a week; and to be able to serve lunch on the weekends. By providing lunch service, late night dining and tasteful background music in the form of live entertainment (one person or duo acoustic /jazz) or a DJ making appropriate music selections to enhance the dining experience, the Port hopes to attract additional patrons during these challenging economic times. To achieve our goal of staying in business, the Port has gone through an extensive and expensive process for planning the re -model of the interior space and hiring additional staff to monitor and control the conduct of those dining on the premises and the patrons leaving the restaurant and exiting the area in their vehicles. 135 The proposed re -model as outlined in the initial project description is: "REMODEL EXISTING FIRST FLOOR PLAN TO ACHIEVE A BETTER FLOW OF PATRONS AND SERVERS CIRCULATION THROUGHOUT THE ENTIRE RESTAURANT. THIS WILL INCLUDE MINIMAL DEMOLITION TO NON LOAD BEARING WALLS AND CONVERSION OF EXISTING WINDOWS AND IMPROVING DOOR SYSTEMS, A NEW DOOR WILL BE ADDED AT THE FRONT PATIO ENTRY TO ACHIEVE BETTER CROWD CONTROL AND FURTHER MINIMIZE SOUND FROM THE RESTAURANT. A PLATFORM STAGE WITH ACOUSTICAL WALL AND CEILING PANELS WILL ALSO BE INTEGRATED INTO THE EXISTING FIRST FLOOR PLAN AS A PROTECTED SOUND INSULATED ENTERTAINMENT AREA." As it can be seen from above diagram, the entertainer area highlighted with red arrows, will become visible throughout the dining room as well as the bar area to attract and stimulate more business opportunity. The Port has a three -year agreement for off -site parking for the required 40 spaces across Heliotrope Avenue in the commercial building parking lot. (Parking Lease Was Previously Submitted) The Port conditional use permit expressly states at page 3, paragraph 3 that: "If the applicant loses the use of the subject parking spaces at a later date and cannot obtain the required number of parking spaces at another approved location, the net public area of the restaurant facility shall be reduced so as not to exceed the net public area that currently exists on the site." 2 q Minor Ghankesto bake Major I mpraove.ments Remad�r NewFrontDoortoMinimizeNoise Bathroom A r} �E�A .tuff t 666 � Kpp�p U �a4liS 44 { a £ coustical i 1W Panelt, ✓: As it can be seen from above diagram, the entertainer area highlighted with red arrows, will become visible throughout the dining room as well as the bar area to attract and stimulate more business opportunity. The Port has a three -year agreement for off -site parking for the required 40 spaces across Heliotrope Avenue in the commercial building parking lot. (Parking Lease Was Previously Submitted) The Port conditional use permit expressly states at page 3, paragraph 3 that: "If the applicant loses the use of the subject parking spaces at a later date and cannot obtain the required number of parking spaces at another approved location, the net public area of the restaurant facility shall be reduced so as not to exceed the net public area that currently exists on the site." 2 q f. f f Q ' i A FUTURE remmmsECURITYA s 'I . l x 0 S Q PARKIN y '9 HEiJOTROFE AVE. R. �f The Port is equipped with a camera surveillance system for monitoring the internal activities and three new external night vision cameras were added to monitor parking lot and general area of surrounding residences recently. The Port has continuously provided training of its managers, and employees to ensure a respectful and safe control of its patrons and guests on the premises and when departing the facilities. These measures include training of managers by completing 'TIPS' alcohol class, refusal of service of alcohol to minors and intoxicated patrons, enforcing dress code on Fridays and Saturdays and having staff'present inside as well as at the front door at all times for checking ID's, assisting in public transportation and maintaining peace by constantly reminding patrons to respect the concerns of the residential neighbors. Our plan includes posting multiple signs giving notice to our customers to remind them of this obligation as they enter and leave the Port. We will also welcome any assistance from the City in regards to posting additional signs reminding their close proximity to residential neighborhood. 3 l35 The Port is willing to retain services of a licensed security company to provide patrol service during the hours of 10 p.m. to 1:00 a.m. as well as staffing the parking lot with additional personnel to further prevent any potential issues. There can be little question that these are difficult times for most businesses, particularly those located in California. One need only survey the surrounding area to note the number of establishments that have closed down. According to data from the Corona del Mar Business Improvement District (BID), there are 102 businesses that have closed over the last three years. Given that there are only 376 active businesses in CDM, that is an alarming statistics which the Port does not want to become one o£ Furthermore, The BID has direct knowledge that at least 20 businesses closed within the last year due to bad economic conditions. ADDITION OF ANEW FRONT DOOR FOR BETTER NOISE CONTROL AND SECURITY A Rendition of Port Atrium after conversion of Windows to Bi -fold Doors To create a better flow and Sound - insulated entertainment area that will be visible from both dining room and bar areas. H 136 SUMMARY OF REQUESTED MODIFICATIONS TO USE PERMIT LIVE ENTERTAINMENT WITH NO DANCING The Port's intention is to enhance offerings to our guests by providing an enjoyable dining experience that is complimented with tasteful and eclectic array of background music performed by local artists (one or two entertainers with no drums or loud instruments). On occasion, the Port will employ a DJ to offer low -key music selections. All of the sound studies by the acoustical professionals hired by the Port and in presence of taw enforcement officers, conducted in its present configuration without any modifications to the building have shown noise levels below City of Newport Beach noise ordinance standards at residences closest to the Port. This is the case even when the DJ /live music was playing at 100dB inside and all interior doors and windows were left open. These measurements were also confirmed to be compliant with the City's noise standards during a second sound test taken at the residences of neighbors that had registered a complaint concerning noise. (All Sound Tests Were Previously Submitted) The Port will take additional measures to ensure future protection to maintain the peace and quiet in the area. These measures include the redesign of the sound system and installing acoustical panels to maintain legal noise levels so the neighborhood is not adversely impacted. (See Attached) Additionally, a new front door will be installed at the front archway and more staff will be present at the leased parking lot. HOURS OF OPERATION Ability to be open for lunch for Weekends Due to numerous requests for the Port to be open for lunch, we would like for the City to approve an amendment of the use permit to include Saturday and Sunday Brunch/Lunch Hours. Extension of the closing time by one hour from midnight to 1:00 a.m. Because of small dining room size (40 Seats), fine dining nature of cuisine and our philosophy of not rushing the guests we have been able to serve food in our dining room historically till 10:00 p.m. or 10:30 p.m. Our future plan is to be able to provide a second seating for late diners to allow us to offer food till 12:30 a.m and close the business in a non- rushed environment. Closing at 1:00 a.m. will allow the Port management and personnel to control those departing the restaurant to do so in a more gradual and controlled manner thereby eliminating negative impacts to the neighborhood. Live entertainment has always been a part of the attraction of the previous restaurants operating at the Port site. In these stressful times, it seems more important than ever for people to have a place to go to relax and take their minds off the pressures of the day. The Port seeks to provide such an tasteful environment with good food, responsible offering of alcoholic beverages, and pleasant background music. The Port does not seek the introduction of "DANCING" at the restaurant. There is no intention of the Port becoming a "NIGHTCLUB." In an effort to address some concerns while being able to stay in business, the Port is also modifying the application to limit extension of the closing hours to be limited to three days of the week. (Thursday thru Saturday) The Port has demonstrated that the proposed amendments to its Use Permit are reasonable and will not be detrimental to the public health, safety, peace, morals, comfort or welfare of persons residing or working in or adjacent to the Port. The Port is respectfully requesting the City Council to approve its application to amend Use Permit No. 1566. Dated: October 23rd, 2009 Respectfully Submitted, Z° r Ali H. Zadeh Port Restaurant and Bar 440 Heliotrope Ave. Corona del Mar, CA 92625 .1 1)� Ali H. Zadeh Biography Ali H. Zadeh received his bachelor's degree in Electrical Engineering from University of California, Irvine in 1983 and his master's degree in Computer Science Engineering from Long Beach State University in 1985. He served as a member of faculty in the California State University, Long Beach for 5 years where he taught various courses in Electrical and Computer Science Engineering. He was president and founder of Medident Systems, a practice management software company in Irvine, CA. During his eight -year stint from 1992 to 1999, his responsibilities included managing the software development, customer support, consulting services, training, human resources, and administration. His company was responsible for providing software solutions to more than 500 dental customers. In 1999, He founded EDI Health Group, Inc. (www.dentalxehanae.com) and served as President and CEO until June of 2008. Currently he is serving as the chairman of the board of the same corporation. He has lived in Orange County since 1980 and been a homeowner is Corona del Mar since 2002. He started Port Restaurant project in 2006 by acquiring the real estate property of 440 Heliotrope that housed many favorite restaurants including Pirates Inn, Trees, Mistral and Svelte in the past. The location has always been a locals favorite and it has been a great pleasure for Mr. Zadeh to restore its image and witness its growth by making it a true favorite of many locals regardless of age groups since it opened in January of 2007 for its high standard of service and quality of its food. He has managed this project from its inception because of its unique position in center of the village and its place in people's hearts. Mr, Zadeh has been serving on Corona del Mar Business Improvement District for the past two years as an advisory board member because of his passion for Port Restaurant to be a positive element in Corona del Mar and Newport Beach in general servicing local residents and other guests in a very classy and prestigious manner. EDI Health Group has earned an industry-wide reputation for being the first to pioneer web -based dental EDJ solutions. In 2003, DenudYChange.com was acquired from a coalition of major insurance companies and in 2007, Since its inception, EHG has maintained a depth of experience and long -term perspective that is rare among vendors in this space. EHG has continued to be an innovator in claims management technologies, EDI platforms and the real -time arena, and a technologically advanced supplier of connectivity solutions in the areas of healthcare and financial transactions for patients, payers and providers. Today, the company maintains its corporate headquarters in Irvine, California and EHG has grown to support a current client base of approximately 12,000 healthcare offices- EHG is only one of the two independent clearinghouses in the country and has direct relationship and connections to virtually all mgior insurance carriers in the country. Yearly, EDI Health Group accounts for more than a staggering $4 billion in healthcare claims. Through its own clearinghouse, WeliClaimrM and ClaimConnectr'" portals, the company annually processes nearly 20 million EDI transactions, consisting of more than 15 million in healthcare claims. EDI Health Group, Inc (EHG) established the EHG Fund officially in 2007 to assist institutions and programs focusing on quality of life issues in the areas of healthcare, education and human services to improve the lives Of men, women and children all over the globe. EHG experienced the tragic loss of a beloved colleague in 2004. A school was founded in his hometown of Madras, India, as tribute to his memory and the EHG fund was born Since then, the fund has exponentially grown to encompass and provide much needed education, healthcare and human services to individuals of all ages internationally. Partnered with organizations such as the Orange County Community Foundation and Full Circle Learning Inc. among others, we seek ways to serve the needs of underserved individuals through strategic investments in excellent charitable efforts globally. Currently EHG Fund is responsible far opening and continued operation of two schools in Madras, India and the rural community ofMokhotlong in African kingdom of Lesotho. 3� ��iv L L C R A F T CUM& Projects Agua Caliente'The Show" Rancho Mirage, CA FabnTrak® Frida's Restaurant Glendale, CA Bamsol® It's Sugar Universal City Walk, CA BarrisoM The Walking Co. Century City Mail, Los Angeles Barrisom Craft Restaurant Century City, CA FabnTrak@) HIAMotors Irvine, CA FabnTrakO San Juan Hills High School San Juan Capistrano, CA FabnTralO Balboa Yacht Club Newport Beach, CA Murano Acoustics Chanel West Hollywood, CA Barrisole Wachovia Banks Ali of Southern California Nysan Solar Shades Lou Ruvo Brain fostitute Las Vegas, NV Nysan Solar Shades L.A. County Museum (LACMA) Nysan Exterior Shades A SOUND SOLUTION.... WITHOUT COMPROMISE Barrisol® Stretch Ceiling Systems FabriTrak®Acoustical/Tackable Wall Panels Murano Acoustics 1 Nysan Solar Control Port Restaurant Acoustical Panels To: Ali Fax #: Company: Port Rest Pages: From: Erik Hite Re: Acoustical Panels i Q Urgent o For Review u Please Comment u Please Reply s Fabric Wallcraft advises Port Restaurant to do the following for i the Sound Absorption and noise control: Walls Fabric Wallcraft recommends using a 1" Acoustical Panel with a 1/8" Vinyl Sheet underneath to help stop Sound Transmittance through the Walls in the Entertainer Area. Ceilings Fabric Wallcraft recommends installing a V Acoustical Panel to the ceiling in the Entertainer Area to help keep the Sound Echo down. Please review attached specifications for the Fiberglass and FabriBlok proposed for the Walls and Ceilings. Thank You, Erik Hite Fabric Wallcraft Coraorate Office 2921 E. La Palma Ave., Anaheim, CA 92806 (800) 61 50516 - (714)(>32 -8373 FAX (714)632 -8365 Caldomia Contractor License #486347 www.fabricwalicraft.com )qa Fiber -Sol Fiberglass Solutions for Acoustical &Thermal Use Specification Sheet for Acoustical Based Board I. PRODUCT DESCRIPTION The product is composed of inorganic glass fibers bonded together with a special thermosetting resin/ binder and formed into semi -rigid and rigid rectangular boards. These boards are available in a variety of densities (3.0 to12.0 lbs. /cu.$.) and thickness (1/2" to 4 "). Acoustical Based Board can be produced with a smooth sanded surface on one or both sides and can also be laminated in -line with a variety of facings / vapor barriers. II. PRODUCT USES & BENEFITS Acoustical Based Board is a structurally rigid board -type insulation ideal for applications requiring strength, abuse resistance and good appearance. Fabricators who convert the material into finished acoustical insulation product use it for fabric wrapped acoustical panels, baffles, office furniture, partitions, tackboards, stretch -fabric wall systems and ceiling panels. It is also ideal for die - cutting uses where resiliency and dimensional stability are crucial for fabricating thermal and acoustical components. Acoustical Based Board provides excellent acoustical and thermal properties, is lightweight and resilient and can be easily cut with a variety of saws and blades. III. III. PRODUCT CHARACTERISTICS Acoustical Based Board is essentially odorless and does not contain substances that provide sustenance for mold or bacteria growth (ASTM C 1338). This product is also non - corrosive (ASTM C 665). The product is humidity resistant under normal temperature and pressure conditions and does not support fungi or vermin. Note that although the product itself contains no substances that would support the growth of fungi, there is no guarantee that fungi would not appear in the condition of a pre - contaminated insulating surface. IV. TECHNICAL DATA • Fire Resistance: FHC 25/50 (ASTM E 84 & UL 723) • The Thermal Resistance Values (page 2) were tested in accordance with ASTM C 518. • The Noise Reduction Coefficients (page 2) were tested in accordance with ASTM C 423. • The maximum service temperature is 450° F / 232° C (ASTM C 411). • Water Vapor Sorption: < 2% by weight (ASTM C 1104). • Applicable Material Standards (ASTM C 612, Type IA and Type 1B). • Dimensional Stability: Linear Shrinkage < 0.1 %. V. WARRANTY Inasmuch as Fiber -Sol has no control over the installation design, workmanship, accessory materials, or conditions of application, Fiber -Sol does not warrant the performance or results of any installation containing its products. 11-1\ Acoustical Based Board Specification, Page 2 of 2. Acoustical Performance Density Thickness Absorption Coefficients P Octave Band Frequency (Hz) 1 PCF Inches mm 125 250 500 1000 2000 4000 NRC 3.0 .50 12.7 0.03 0.11 0.36 0.65 0.79 0.88 0.50 1 .23 1.0 25.4 0.11 0.28 0.68 0.90 0.93 0.96 0.70 1.5 38.1 0.11 0.43 0.93 0.98 0.96 0.97 0.80 2.0 50.8 0.17 0.86 1.14 1.07 1.02 0.98 1.00 1 76.2 0.41 0.96 1.13 1.03 1.03 1.02 1.05 4.0 101.2 0.75 1.18 1.09 1.00 1.00 1 1.02 1.05 4.0 1.0 1 25.4 0.14 0.27 0.67 090 0.95 1.02 .75 2.0 50.8 0.16 0.67 1.02 1.00 1.04 0.98 1.00 6.0 .50 12.7 0.11 0.13 0.37 0.75 0.90 0.97 0.55 1.0 25.4 0.12 0.52 0.68 0.87 0.93 0.99 0.75 1.5 38.1 0.17 0.50 0.98 1.02 0.95 0.97 0.95 10 50.8 0.16 031 1.02 I01 0.98 0.98 0.95 10.0 .50 12.7 0.00 0.00 .47 1.00 1.18 1.09 0.60 1.0 25.4 0.01 022 0.68 1.03 1.13 1.06 0.75 Thermal Conductivi k Density / PCF K Vaule = Btu•inJ hr.•ft. • °F 75° Mean 100° Mean 200° Mean 30Q° Mean 3.0 .23 .23 .28 .36 4.0 .23 .23 .28 .35 6.0 .22 .23 .27 .33 10.0 .22 1 .23 27 .30 Tolerances Densi F Thickness Width Len th 3.0 through 12.0 1 t1 /16" or 1.5mm j f1/8" or 3mm (3116" or Smm Available Sizes Densities (lbsJcu.ft.) Thickness Width Lenrth inches nun inches mm inches mm 3.0 thrall 12.0 %z-4 1x.7- t01.6 12-49 304.8- 1244.6 24-117 1 609.6 -297t8 Document Number DJA -001 Effective Pages: 2 September 11, 2008 jq► FabriBlak Properties & Values Color Black Weight per Sq. Ft. 11b. Thickness 1/8" Tensile Strength 1,267 Shrink Rate No Deformation MVSS 302 Burn Test Passed Eabrierok system STC (ASTM E90 -02, E413 -87, E795 -00) 47• NBC (ASTM C423.2) -80 -.as Flame Spread (ASTM E84) Class °A" 12.1 * By applying FabriBlok to Existing Walls, an increase of up to 10 decibel improvement is available. FabriTrak9 Systems Inc. 2553 Route 130 South - Suite 2 Cranbury, NJ 08512 877 FABRITRAK 609 - 409 -6700 1609-409-7377 Fax WW W.fabritrakzarn info@fabrivak.com 0 "1 1 FAG, E FT BLANK Ly Attachment No. CC 7 Three-Year Parking Lease le 14, THIS MOE LEFT BLANK jq` PARXING ]LEASE 11415 PARKNO LEASE. (-'Lease") is made effective a: of September 1, 2009 by and between Legacy Property Management, on behalf of the owzer of the properly (as such. term is defined Mow) (°,Landlonf)ard Ali Zadch (Port Rcsitniratil) ('-fenant"). R11CITALS: A, Landlord has been duly authorized by the owner of that certain real property commonly known as 2865 and 2867 E. Coast Hwy., Corona del liar, California (-'Property ") as its property manager to execute and deliver this Lease, B, In connection with Tenant's restaurant, Tenant desires to tease parking spaces from Landlord for weekend and evening use. C. The Premises subject, to lifts Lease consist of the approximately forty (40) unreserved parking spaces located sin the property: in the area generally depicted on Exhibit �A" attached het-era (Ore "`.-Premises" ) NOW, THEREFORE, in consideration of the foregoing facts. and circumstances, the mutual covenants and promises: contained he-rein arid other good and valuable consideration, the parties do hereby agree w the fallowing terms and eandirions: COMMENCENMENTDATR� $Wernher L 2009 TERM: Three (3) years starting on the Commencement Date and. expiring. on August 11, 2012 ("Expiration bate."}., This Lease shah automatically turn into a month to month: tease on the Expiration Dare. on the same terms and conditions; except for the holdover rent.set forth below. BASE RENT; BmL rent shall be due and pidd,m advance, on the first day or each month slat-Ling on the Commencement Date at a rate of S 1-,500.00 per month. tILR�MITTF-D USE: Tenant shall not use the Premises for any purpose other than parkin atilornabiles for the benefit of Tenant's restaurant lo dted at 440 Heliotrope Avenue, Corona del Mar. California between the hours or 5:30 p.rrr- and 2:00 a,m., Monday -- Friday, and 10:00 a,m- and 2:00 a,m-, Saturday and Sunday. Other than valet fees and tips, Tenant may not coifleCL any parking fees from third parties for use "of the Premises. SECURITY DLPOSIT: One Thousand Five. Hundred Dollars ($1.500.00) IMIn 4 X10119"3 lov_-m RENT PAID T0: Legacy Property Management P.G. Box 3539 Tustin, C'aiifornia 92651 LATE fL FE'.K.S: it Base; Rent is not paid by the filth (5'h) calendar day after the due date a aI50M late fee will be charged. MRI3fN S:QQh: NoiN ithstanding the LNpuation mate; this Lease can be terminated by either party in their sole and absolute discretion by giaing thirty (30) days' written notice to the other party. CONDITION O.F PROPE [ "iY; 1t: is understood and agreed that the Premises are, leased '-1S IS" with all faults and Tenant has inspected the Prenuscs and. that Landlord makes no representation or warranty as to the physical condition of the Premises or its suitability' for Tenant's, intended. use. No alterations to the Nemises are allow=ed without prior written consamt of Landlord. Tenant shall to deliver the premises to Landlord each morning in a clean and orderly condition, free fioin any and all garbage or personal property. A breach of the preceding sentence, by Tenant shall constitute material bleach and default under this Lease' entitling Landlord to teninulate this Lease immediately upon written notice to Tenant_ ''Lo SF'( °tTR,fliY. :Tenant understands and agrees that Landlord is not providing .any security system, security personnel, or insurance for any person; vehicles or property located or stored on. the Premises. All autoumbiles on the Premises shall tat parked. solely atTenant'.s own risk. It is further understood that Tenant.is.to.ohtain its own insurance for all vehicles; property: and other items of � ;alue. located on the Prenxises: Tenant shall release, indeinnufy, defend and hold harmless Landlord from and against. any and all actions, losses, costs,. damages and liabiliry (including actual arliorncy s' fps and :.costs, and court costs), direct or indirect,. arising from or in connection with any event, auiifent, claim, injury. .or damage whats oever. occumng in, at or upon the Premises to the. extent caused by Nets, omissions or negligence of Tenant, its agents, employees, invitees; patrons.and%r contract ors- isx l 1 N .:'Ietirint; at its cxpeuse; shall maintain at all times during the terror of this Lease, commercial general liability insurance regarding the Premises and the conduct or operation of Tenant `s business therein, naming Landlord; owner of the property, and any mortgagee, ground lesser or property° manager of Landlord (whose names have been furnished to Tenant), as additional insureds. Such insurance shall be written with an insurer licensed to do business in the State of California with a Best's Guide rating vfF3-r.V111 or better, provided that in the event. Best's Guide is no longer published, said insurer shall have a-- coomparable rating in any comparable insurance guide, The limits of liability of all such insurance - shall be at least 0.Ni MILLION DOLLARS {ti,IM0,0M).00) combined single limit for injury to or death of any number of persons, or for damage to property arising out of any one occurrence and shalt include contractual endorsement liability, and shall not include a deductible more than $5;000.. Tenant shall also maintain Wnrker's Compensation insurance as required by lava; and non- owzted..and hired automobile liability insurance with the same limits of coverage acceptable to Landlord, Tenant shall cause to be issued c: riificates of insurance to each of the additional insureds under said policy, which certificates shall provide that such insurance shall. not. bie..caricelled, materially changed or non renewed without thirty f30) days' prior written notice to each of such parties. ^,ses.Ai:F mLdN.4 I MAO* tli H� 4 HO1j-jI \t;%,_(1V (2; If Tenant fails to surrender the Premise`s upon the expiration or earlier termination of the Lease term without the express written consent of Landlord, "tenant shall become a month -to month Tenant, and 'tenant shall remain responsible :for the ,payment of all monetary obligations due and payable by Tenant under the Lease. In the event of a holdover by Tenant, possession shall be subject to all of the terms of this Lease, except that the monthly Base Rent shall be. increased, to two hundred percent t' Elfi °bj of the Base Rent for the month immediately preceding Lie. termination :late. .Acceptance by Landlord of rent after such expiration or earlier termtinatian of the Lease term shall not result in any renewal of the Lease term. The foregoing provisions are in addition to and do not affect- Landjord's right of re- entry- or any other rights or remedies of Landlord hereunder or as othcrwisc provided at law or in equity, or both. fill ?Elyliv'IT'C: Tenant shall indemnify, defend and hold Landlord, Vie owner of the Property, and any of Landlord's mortgagees, ground lessors, proper= managers or their respective employees or agents harmless. from and against any and all lo=sses, costs, damages and liability (including actual attorneys' fees and costs, and court coats): director mdireci, which Landlord may suffer as a result of a breach of this Lease or the use of -the Premises by "Tenant, its agents, employees, invitees, patrons and/or eontteetors. NO MSIG'�NIE :NT ()R SI1Sl> AS—„ Tenant. shall not assign, license, sublet, or otherwise transfer by operation of lacy or otherwise this Lease or any interest herein, or the Premises or any jiortion thereof, without the prior written consent of Landlord (which consent shall be prattled in Landlord's sale and absolute discretion), not shall 'Tenant encumber any of the same,:rw.r shaft `fenam permit any lien to be placed: on the Tenant's interest by operation of haw or otherwisc. Regardless of Iandlord's consent, no transfer hereunder by 'tenant shall release or discharge Tenant from its obligations or liability under this Lease. 'Ibis Lease shall bind any approved assignee, transferee or sublessee. Any scale, assignment, .encumbrance, subletting;; neeupaiion, lien or other.'trans -fer. of this pease or the Property which, does not comply with the provisions of This parag=raph shall be automatically void. Consent to one transfer; assignment or sublease shall not be deemed consent to a subsequent transfer, assignment or sublease: LIGHTING: Landlord shall, not he responsible for illuminating or providing any lighting on or around the Premises. T ANT K:OOPE A'CION. Tenant hereby acl nowlthdges that C uidlord is actively marketing the Property For lease. Tenant agrees to cooperate with any tenant, representative, agent or consultant of a tenant who desires to enter the Property art(Vor perform investigations thereon. Additionally, Landlord's other tenants on.the Property and their patrons may occasionally use the Premises to pant their vehicles after hours and will use the Premises for parking during working hours on weekends. As such, Tenant shall not disturb or interfere with the right_*; of Landlord's other tenants on the Property and their patrons to park on the Premises as needed. A ITOR41 -1`5' PEES: In the event any action or proceeding is brought by either party against the other under this Lease. the prevailing party shall be entitled to recover for the actual fees and costs of its attorneys and expert witnesses in such action or proceeding, including costs of appeal, if tut., in such amount as actually is incurred therefor, without regard to anv court schedule therefor, including any post - judgment fetes or costs- sill AOR13E:NATICiM This lease and Tenant',-; rights hereunder and with respect to the Premises shall be and remain subject and subordinate to all mortgages, deeds of trust and ground ]cases now or hereafter affecting or governing the Premises, and to any and all advances (if any) to be Hb ✓03556'�JOP: �z.;F4J�f�i -3- I ( i made thereunder and to the interest thrreon. and to all renewals, .replacements and extensions thereof. Upon request of Landlord, Tentim will within wn ('Lil) days in NNTiting in such form as may be requested by Landlord or its lender or ground lessor, subordinating its rights hereunder to the lien of any mortgage, deed of trust. ground lease or. other encumbrance., now or hereafter in force against the Premises, and to At advances made or hereafler to be tirade upon.dte.sec:urity thereof. NOI ICES: All notices, dernands, requests, consents and other communications which may or are required or permitted to be given by either part; to the other hereunder shaIl.he in.writing., All such notices, demands, requests, utnsents and tether communications by the Landtsrrd to i'ertant shall he given by personal delivery or sent by United ;rates Mail, postage .prepaid, ccrtit =ted with return receipt requested, or by Federal Express- or rather generally recognized carrier of expedited delivery, for next day delivery. addressed to Tenant at the address set forth next to its signature bloclt below, or to such other place in the United ;hates as Tenant may from time to time designate in a notice property given to Landlord. All notices, demands requests, consents and other communication,, by T enant,to Landlord :shall be given by personal delivery'or sent by I;nited States Mail, postage prepaid, certified with retun receipt requested or by Federal rApress or other generally recognized carrier of expedited delivery, for next day detivery.. addressed to Landlord. at the address set forth above, and to such other person or plaix as Landlord may from time to time designate in a notice properly given; to 'tenant. A xiatice so delivered shalt be creamed given on the first date indicated on the re&ipt of the carrier that delivery Sias been made or unsuccessfully attempted to the address of the intgrided. recipient as specified abcwe: C ()NS -rP,UL tlO'N r tIiIS- LEASE: Each of the persons and entities comprising Tenant and Landlord has fully panicipated in, and, has been represented by indepandcnt qualified legal counsel in connection with, the negotiation, preparation,,execution and debvcry.cfthis Lease and in undertaking its ctbligatiottt set forth herein. Any generally. applicable rule :of construction to the effeer that ambiguities in a docurnGiit ate to be interpreted in the mariner less: favorable to the drafting party shall not apply to this Lease. [Signatures on far %wing page] %eta.E ssvgrv- 2a}x,u.ant -4- b IN WITNESS WHEREOF, the parties heroo.have executed this Lease etTective as of lbe date of date firsi-set forth above. z L 64M I W4 ".11 M-16- Q M Landlord: LEOACY PROPERTY an lxsh;i4f'�I'the owner 9AX)c Property. Its: Tengnt: —wi or t e Pon Restaurant -5- [ -it 15) C; NwiS PAGE LEFT ELAKeK INTF—P71. Attachment No. CC 8 08/20/09 Planning Commission Hearing Minutes ) fD,3 LEF74 )�q NEWPORT BEACH PLANNING COMMISSION MINUTES Port Restaurant & Bar (PA2009 -080) 440 Heliotrope Avenue An amendment to Use Permit No. 1566 to allow the following changes in the operational characteristics of the existing restaurant: 1) Expand the existing hours of operation by extending the closing time to 1:00 a.m., and providing lunch service (11:00 am to 1:00 am, daily); and 2) Introduction of live entertainment and dancing. The application also includes an off -site parking agreement to allow the continued use of 40 off -site parking spaces on property located at 2865 E. Coast Highway. Mr. Lepo noted the applicant has requested a continuance of this item; however, there are people in the audience who would like to make comments, and recommends that the public hearing be opened. Commissioner Unsworth noted we could open this item, hear the staff report and comments. We can determine then if we should continue this item or not. Motion was made by Commissioner Unsworth and seconded by Commissioner Hillgren to not continue this item. Commissioner Hawkins noted this matter would be heard in full consideration with the thought it would be continued. Commissioner Toerge noted this should be addressed by opening this item, hearing comments and then. if we think aoorooriate. continue this item. j Ayes: I Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren I Noes: None I Mr. Murillo gave an overview of the staff report and noted that the application originally included a request to allow lunch service daily; however, that application would require a parking waiver as the off -site parking spaces requested would not be available for the applicant's use. Prior to completing the staff report, he had consulted with the applicant and agreed that his application would only include lunch hours during weekends only. He then noted the applicant's request: ➢Hours of operation extended to close at 1:00 a.m. daily ➢Lunch hour service on weekends, ➢Live entertainment and dancing, which is considered a major change in operational characteristics, requiring an amendment to the use permit; DThe applicant further requests the ability to utilize the 40 off-she parking spaces during the requested extended hours of operation. Based on the close proximity to residential units in the neighborhood and on information received from the Police Department and Code Enforcement regarding past noise disturbances, staff is recommending denial of the use permit amendment application. By extending the hours of operation, the additional hour with the introduction of live entertainment and dancing, will likely result in additional noise complaints and additional noise disturbances to the surrounding neighborhood. With regard to the offsite parking agreement, 08/20/2009 ITEM NO.3 PA2009 -080 Continued to 09/17/2009 Page 4 of 14 X55 NEWPORT BEACH PLANNING COMMISSION MINUTES currently the spaces are allocated to a three -story office building, which is for the most part, currently vacant. There are a couple of general office uses today with a health facility to open soon. Given the uncertainty of the types of uses that will occupy that building, staff does not feel that the finding can be made that the spaces will be permanently available for the Port Restaurant use. Commissioner Eaton asked about police presence and for a more elaborate presentation on past violations, comparisons and possible change in character of the establishment. Lt. Craig Frizzell of the Newport Beach Police Department, Detective Division, introduced Detective Bryan Moore. Detective Bryan Moore of the Newport Beach Police Department, Detective Division, referencing the memorandum contained in the staff report, noted the following: DMost of the investigated violations had to do with violations of the use permit including remaining open after the permitted hours of 12:00 a.m. and providing live entertainment without the proper live entertainment permit. DAlso, during one of the investigations, there was an issue of overcrowding and blocked aisles. ➢Over 40 calls for services for that location were made and at least 20 of them were with respect to loud music complaints. ➢There is not an Issue of the sound level of the live entertainment itself because we conducted a sound level test independent of the applicants noise contractor and the noise levels did not surpass maximum permitted levels; however, we are concerned with other contributing factors such as people coming and going, increase in vehicular traffic; people outside talking on cell phones, talking while walking to their cars and some of the other issues that go along with alcohol consumption. ➢By increasing the hours, the same problems will continue and be extended an hour later. ➢Any time that live entertainment aril dancing are added, there is the propensity for a nightclub type environment. ➢At this location during one of our investigations, we attempted to order food around 10 or 10.30 p.m. and were told they are no longer serving food. When you stop serving food, you are open just for the purpose of selling alcohol beverages and providing live entertainment and dancing then you transform into a nightclub environment. Commissioner Eaton asked if a lesser approval was granted, such as eliminating dancing, would that result in a less possibility of a nightclub characteristic? Detective Moore answered that if they kept their current hours and did not have live entertainment and dancing and continued to operate as a restaurant, we would not have those issues. By adding any of those elements we believe that it could be a problem. He added they do not have an issue with the opening 08/20/2009 Page 5 of 14 06 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 for lunch. Chairman Hawkins asked about the live entertainment and what it revealed. If the Commission determined that the extended hours and dancing were problematic but the live entertainment was not would that change your opinion? Is it going to be a nightclub? Detective Moore answered it was a Disc Jockey (DJ). The music played was more of a dub fast -beat type. By looking at the calls for service, it is an issue with some residents with 20 calls related specifically for loud music, although he did not detect it with the sound levels on the test; apparently it is an issue with somebody that lives nearby. So, that could be problematic. Commissioner McDaniel, noting he had met with the applicant, stated their discussion of hours extending to 1:00 a.m. would reduce the amount of people spilling out at one time. They close at midnight now, and everyone does apparently. Does the hour change make much difference? The biggest problems we've been concerned about is people going outside and continue talking, continue drinking, get something out of their trunk and visit and do all the things talked about that the neighborhood doesn't want such as leaving fluids in different places. Would the hour change help the spill out onto the community? Detective Moore answered he did not think so; it would continue the problem that much later. If closing time is 12:00 p.m, then you do °last call" earlier if you want to control people leaving and not have a mass exodus at the time you are supposed to be closed. Commissioner McDaniel noted anything after 11:00 p.m. is problematic. People leave and go to other places that stay open until 2:00 a.m. and play there. Commissioner Unsworth asked about the sound testing. Detective Moore answered the 90 dBA measurement was inside at the DJ table. This level was maintained and checked outside where we got 50 to 55 dBA. Commissioner McDaniel asked about the size of the dancing area and location of the DJ table. Detective Moore answered the DJ table was left of the bar but at the time there was little dancing. The space is about 10 x 10. There is not a lot of room for dancing. Ali Zadeh, applicant, noted the following: ➢ He sent a letter requesting a continuance. ➢ He does not want to bother anybody. ➢ He has sunoort from the community and surroundina businesses for Page 6 of 14 JbI NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 this application. That support was not made known to the public and feels this is a disadvantage. ➢ He had asked for the continuance in order to present the entire story for the Commission and to have a fair hearing. He wants the opportunity to present his facts. He does not want to have to defend himself. ➢ The application was made and he wants to make sure there is no truth being distorted. The live entertainment and dancing has never been a part of his business venue and doesn't really have the space for it. D We are so close to the houses in Corona del Mar that dancing is really not a character of the area. He doesn't want to use the word "coerced" by staff to put dancing in the application, you want it you put it You never know what is going to happen. He stated he would remove the request for dancing but he doesn't want to miss out on special events such as a birthday or engagement party and not to be cited over that issue. That is more of a protection. Mr. Harp noted from a due process standpoint, the applicant has asked for a' continuance, he hasn't been here previously and in the interest of fairness, and ensure that he is able to present his case, a continuance would be appropriate. Commissioner McDaniel asked if we are going to continue this, when will you be ready? Mr. Zadeh noted he was shocked from the staff report and he wanted to have ample opportunity that all the facts were represented. Chairman Hawkins asked how long would it take? Mr. Zadeh noted a month in order to do a discovery of the agencies that are involved such as the Police Department. Chairman Hawkins noted the letter of August 19"' requests the continuance to September 17, 2009 as the date. Is that correct? Mr. Zadeh answered only given if he can get the facts back from those deparlrnents. He does not know the process and wants to get the whole history. Mr. Harp noted that any investigatory files are not going to be disclosed as they are confidential records. Typically the applicant would not receive anything other than what has been presented this evening. He stated additional comments came in subsequent to this matter being posted. Chairman Hawkins asked the applicant if there was any other information to be provided. Mr. Zadeh asked what the process would be if he. went to City Council and Mat the timing would be. Page 7 of 14 �5� NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 Mr. Harp answered that any decision of the Planning Commission is appealable to the City Council. The appeal period is 14 days after the decision is made. So, if you want to withdraw the continuance request and have this matter heard tonight, you can see how it comes out. You would have the opportunity to appeal it to the City Council. Mr. Lepo noted there is a fee for this appeal, approximately $1500 and it will be increased in the Fall. Mr. Zadeh noted he should hear from the public then he would come back with his attorney after the discovery is done. Mr. Harp noted it is better to have all this at one hearing so you have context, and you don't have memory lapses as to what the testimony was, etc. Commissioner Toerge noted the existing use is not in question. This is a voluntary application by the applicant even though he may be compelled by some citations. It is appropriate if he wants to continue this; that is his right. I also want to hear, and I think the applicant wants to hear, from the residents because his response should include some compromises on components that could address some of those concerns. We need to give him the time to do that but he needs to hear the concerns_ We have done this on prior applications. Commissioner Unsworth asked about the status of the parking. He noted he wants a well- defined answer as this is a major issue. Mr. Zadeh answered he has the' lease of the property since he purchased the restaurant property. The building and property owners at 2865 E. Coast Highway are not the same. They are trying to make upgrades to their budding. The parking has been available to us but based on staff request to have a longer term, he had approached the owners and it has been changed to an annual agreement. We have never had any issues with them and the parking arrangement has been in place for some time with the previous restaurants. No one knows about the future. Chairman Hawkins noted the parking issue is very important and needs to be addressed at the future hearing. Public comment was opened. Chairman Hawkins requested that at the next hearing, we would like to limit the comments made to something new and different, substantially changed so there is no repetition of this testimony. We want this testimony, but we don't want to hear it twice. Appearing in support of the application: Kent Moore, local resident representing the Chamber of Comme=rce and Page 8 of 14 t� 1 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 referenced letters received. He is a patron of the establishments at this location and added this is an outstanding restaurant. Danny Rambo, local resident — the Port has done the most to improve their establishment and fit into the neighborhood with the installation of a Plexiglas wall in the front and security; staying opened later will not create any problems as far as noise, this is not a nightclub. Justin Kouts, supports this application stating we need to have the business there otherwise it will be vacant. Carl Cassidy, local resident, asked that this restaurant be given the opportunity and sees no problem with the extension of time. We need revenues for the City. Summer Wheeler, restaurant worker, noted her employer has been willing to address any issues that have come up and is in contact with the patrons_ Security is there to assure that doors are closed, people are escorted to their cars and confiscate keys if needed and get cabs for those patrons who need it. They look to see there is no overcrowding. A patron brought in his guitar recently and played for his girlfriend who was having a birthday party; this should not be considered to be a DJ. The restaurant is involved with the community; this is not a nightclub; the proposed new opening to the atrium is to better serve patrons; dinner is served until 11:30 p.m. Mekabiz Mohajr, local resident and personal friend of the applicant, stated the Port restaurant is not a nightclub or lounge. Music being played is tasteful; there is no room for dancing; no couches; it is a place for people to eat; most of the patrons park across the street as well as local patrons walk; increase in the hours allows the crowd to funnel out in a much more consistent level and create less of an issue; security tells people not to talk in the street. Shavonne Schamblu, local resident, stated she is of the age to go to nightclubs and this is not a nightclub. The Port brings a classy touch to Corona del Mar. The extended hour and lunch time business will not have any more of an affect on parking than there already is. Appearing in opposition of this application: Matthew Gudort, local resident, referred to his letter contained in the staff report and noted he has had to complain about the noise. When they operate under their use permit there is no problem. When they got back under the current use permit and the live music, DJ and dancing went away, so did the noise problems. When they operate to midnight, no problem, but to 1:00 a.m. it just extends the noise issues to later. 4 of their 5 requests change the restaurant to a lounge/nightclub and bar. Restaurants do not need security, nightclubs do. Cabs are parked at Heliotrope idling as late as 1:00 a.m. sometimes'later and as far as the concerns of drinking and etc., repeated calls to the Police Department have helped but the problems still occur. This past Fridav there was live music and we had to call the nnlirp If you know you are Page 9 of 14 Ell NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 in violation, you don't continue to violate if you are asking for something new. The outdoor atrium door change could change the sound levels. Carl Coatsworth, local resident, stated he has had issues with the noise and traffic. Why have there been repeated violations under the current use permit and why has nothing happened and why is this even being considered? Tom McCall, local resident, stated that with the Port Theater being rebuilt there will be further issues with parking and traffic. The streets are very narrow and there are constant problems. This should be a restaurant and when you stop serving food you convert to a nightclub. The clientele coming in to eat dinner at 8 o'clock is much different than the clientele you will get at a nightclub/bar between 10 p.m. to 1 a.m. Commissioner McDaniel noted we recognize the problems brought up and asked If they would materially change if the applicant was given another hour to stay open. Mr. McCall answered the proportion between a restaurant and a barfloungelnightdub extends the problem into the further hours in the morning. People do not get sober between 12 and 1, they get drunker. It would exacerbate the problems we already have. Dawn Stone, local resident, noted similar problems and concerns as previously stated. She added that Saturday and Sundays are relatively quiet during the day but with additional lunch business there will be a change in the solitude due to parking. Carol Ann Rohr, local resident, noted The Port restaurant is the only bar that fronts on a residential street and is surrounded by residences on three sides. D There were no sound tests taken on the second level. She lives about five houses down and her bedroom suite is on the front and the many times live music ban has been violated, you can hear and feel it. Other residents have the same complaints as the sound bounces back on the concrete directly into their homes. ➢ Extending the hours would create more noise and live music would bring a different element ➢ If the applicant would live within the current permit and operate as a restaurant in Corona del Mar, not a nightclub. • She noted this area has a 75% higher crime rate in the Reporting District and is above the norm for ABC licenses in the area, so we already have our problems. • She then submitted a letter from Jan Johnson for the record. Chris Wiseman of JEC Acoustic consultant, explained how the sound study was done, noting testing was done at several locations. There was no detectable sound outside the restaurant with the doors dosed. The DJ system Page 10 of 14 `bi NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 open you could hear it but was undetectable with the doors closed. The traffic on PCH and airplane noise was much louder. Commissioner McDaniel asked if anything was checked out on the second floor. Is it possible that sound at the second floor would be a concern? If you didn't check it we have a complaint and this might be an issue. Mr. Wissman answered no; they were only required to check at the property line, which is on the first floor. There was no detectable sound with the doors closed. I don't think you would hear anything more on the second floor than on the first floor. Chairman Hawkins asked about the open atrium. What about the sound that emanates up out of that area onto the walls, is that something you deal with? Mr. Wissman answered yes, that is acoustical reflection; however, the bass is not transferred by this method, only the high spectrum. Bass would be transferred through the floor and you would feel it through the ground. We had that system cranked up high. Greg Currans noted he is a patron of the restaurant and this is not a nightclub. The complaints relate to a restaurant use that has been there since 1971. It will not significantly change because of an hour of live entertainment. If you deny this permit, you will have a ghost town in Corona del Mar. We try to keep people in business and they must have 'happy hours' and live entertainment. That is why people go to these places. Parking is a problem all over Corona del Mar and is a problem whether this restaurant was there or not. You need to look at the benefits. This is entertainment done in a nice fashion. Jim Chesbro noted the applicant has stated he will delete his application for dancing so this should address some of the problems people have with this application. Kristin Bruno, worker at the restaurant, noted the patrons tell her how Gassy the place is. People come to get away and have good food. This is not a nightclub environment. Stacey Jents, works at the restaurant as an accountant and works at night The owner is very personable and talks to the patrons and reinvests his money into his restaurant to make it better for the community. The security watches out for the patrons as they go to their cars, there are no incidences, and there is no dancing. Commissioner Unsworth asked if the survival of the business depends on getting the requested changes. Ms. Jents stated she could not answer that question A letter was submitted for the record by Ms. Rohr. Page 11 of 14 110 NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009 Commissioner McDaniel asked Detective Moore about the complaints that were discussed tonight. Where did they come from? Detective Moore stated he could not answer where they came from other than they were generated'and the police responded_ Administration Citations were issued for use permit violations not so much the noise, but live entertainment being conducted without a permit. Commissioner Unsworth asked when he had ordered dinner. Detective Moore answered he had ordered the food at 10:15 p.m. and was told there was no food service. Public comment was closed. Jaime Murillo noted that Ali stated he was coerced into applying for dancing, I would just like to clarify that his application that was originally submitted had always requested dancing for special events as well as for weekend nights for his patrons. Chairman Hawkins asked about the Port Theater and the parking demand, how is that relative to our action tonight? Mr. Lepo answered it is likely when the renovation of the Port Theater is completed, there is going to be more parking demand in that area At the present time that renovation is a ministerial project and nothing has been approved for food service or anything that would require additional discretionary permit. The renovation is currently on hold but there will ultimately be food service of some sort and assuming the hours are coincidental there will be an additional parking demand with additional people in the area. We have to assume that will happen and you will get that application sometime in the future. Chairman Hawkins asked about the requirement for food service. Mr. Murillo noted they have a use permit from 1977 and it does not clearly state how long they have to serve food for. It does not include our current standard conditions that we normally would apply. Chairman Hawkins stated they may terminate food service prior to dosing. What about the ability to have 'happy hou(? Mr. Murillo answered yes, and 'happy hour' is not currently prohibited in the conditions of approval. = Motion was made by Commissioner Toerge and seconded by Commissioner Peotter to continue this Rem to Sectemher 17. 2009. Noes: I None and Hillgren Page 12 of 14 )0 i61 Attachment No. CC 9 09/17/09 Planning Commission Hearing Minutes lb 1 O CITY OF NEWPORT BEACH Planning Commission Minutes September 17, 2009 Regular Meeting - 6:30 p.m. ROLL CALL Commissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgren— Commissioner McDaniel was excused. STAFF PRESENT: David Lepo, Planning Director Michael Torres, Deputy City Attorney Patrick Alford, Planning Manager Tony Brine, City Traffic Engineer Fern Nueno, Assistant Planner Gin er Varin Administrative Assistant PUBLIC COMMENTS: PUBLIC COMMENTS City Attorney David Hunt introduced Mr. Torres as the Deputy City Attorney who will be serving the Commission as legal counsel as Mr. Harp is no longer with the City. Mr. Hunt gave a background on both Mr. Torres and himself. Chairman Hawkins then recognized Commissioner Eaton who had received a honorary award from the Planner Emeritus Network. The award recogribm the professional accomplishments and support of the American Planners Association (APA) California Chapter. Commissioner Eaton noted this was a capstone of his career. POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on September 11, 2009. HEARING ITEMS ITEM NO. 1 SUBJECT: MINUTES of the regular meeting of August 20, 2009. Approved Motion was made by Commissioner Peotter and seconded by Commissioner Hillgren to approve the minutes as written. Ayes: Eaton, Unsworth, Hawkins, Peotter, Toerge and Hillgren Noes: None Excused: McDaniel k!• UBJECT: Port Restaurant & Bar (PA2009 -080) ITEM NO.2 440 Heliotrope Avenue PA200M80 ----- - `;� NEWPORT BEACH PLANNING COMMISSION MINUTES 09/1712009 An amendment to Use Penmit No. 1566 to allow the following changes in the operational characteristics of the existing restaurant 1) Expand the existing Denied hours of operation by extending the dosing time to 1:00 a.m., and providing lunch service (11:00 a.m. to 1:00 p.m., daily); and 2) Introduction of live entertainment and dancing. The application also includes an off -site parking agreement to allow the continued use of 40 off -site parking spaces on property located at 2865 E. Coast Highway. This item was taken after the third item due to technical problems. Mr. Tortes clarified for the record that the applicants attorney contacted City Attorney's office regarding Section 20.82.060 Live Entertainment. The question was when this Section was adopted. He had responded to that call and let them know, according to the Municipal Code, it looks to have been amended in 1997 and based on a quick search done by Mr. Alford, that there was a previous Code from 1985 and there may be other Codes pre - dating that At no time did we say that 1985 definitely was the first time this came into effect Ali Zadeh, applicant, made a presentation noting the following: ➢ Addition of weekend lunch hours service - had numerous requests for this senflce by customers. ➢ Close an hour later - like to accommodate the patrons so they are not rushed into the street all at once and impact the neighborhood; if their night is prematurely ended, customers have a tendency to stay in the parking lot and have discussion, etc. and create more chaos in the neighborhood; we would get two seatings, one at 7 -730 p.m. and it is hard to get a second seating but we want a later time at 10 -10'.30 p.m. and we would Ice the kitchen to be opened to 12:30 a.m. to serve a late night dinner menu, we do not want a nightclub venue; ➢ Noted and explained a proposed color-coded floor plan; discussed conversion of windows to doors as well as ingress/egress to the dining areas. No dancing - wants optional dancing for wedding dinners and rehearsals. ➢ Community support — letters of support D Sound test taken at nearby addresses showing noise levels at less than allowed. Live entertainment -- this goes with the property rights; there was jazu and piano at this location by previous business owners for the past 30 years.. Presented letters from some previous owners and entertainers testifying to entertainment at this site. We do not want to bother residents with any noise. ➢ Current use permit we have is dated 1977 and the live entertainment regulations start in 1985. Chairman Hawkins stated you heard the City Attorney who indicated the Code had an amendment in 1985; it is not the City Attorney's position that was the commencement of any regulations for live entertainment in the city. Do you have anything else in your presentation that provides substantial right to the non- conforming use you are talking about? Mr. Page 2 of 21 0 NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009 The restaurant is dose to residential properties and is surrounded by five commercial buildings. We are not on PCH. He provided a copy to staff of a newly acquired three year, off -site parking agreement dated today. They have the parking rights at midnight and weekdays to be used for the requested lunch hour service. There will be security at the lots on busy nights or any other required times that may be necessary to minimize the impact of cars and traffic. ➢ There is a check to be sure there are no minors allowed in the bar area. as well as checking outside to be sure everything is secured. Verbally we tell people to be quiet and will be posting this on the property in the near future. There have been no fights in the establishments; has had discussions with the Police Department and have had no major issues minus the large amourd of calls of the noise from residents around us. We are requesting records the Police have to clarify any issue. ➢ He then gave a history of local businesses and cited the economics and rights. ➢ Has invested capital into his business and without the extra hour for additional business without live entertainment, could survive, but what kind of business would it be and what do you want in Corona del Mar? ➢ Cost and revenue factors in running a business. ➢ Is open to reasonable suggestions from the public and Commission to get a solution to have a first class operation. If he does not get what he is asking for, does Corona del Mar need another dosed business? We could sell this business to any Interested party at any cost, what would replace it? The alternative might not be something very nice. I will sell the business for the best price to whomever. Marilyn Scheer, counsel for the Port, noted: Did attempt to email the brief to all Commissioners, but apparently it did not get through. She noted also that staff did not get a copy but it was their intent She then presented hard copies for the Commission and staff. ➢ She stated that she had attempted to determine when the ordinance was enacted. ➢ There has been live entertainment at this facility and questions why it is only recentty questioned. Why is this an issue now when it wasn't before? Commissioner Toerge answered it wasn't an issue before because there were no complaints but it is an issue now because there is code enforcement action and there have been complaints. Ms. Scheer noted there has been one primary complaint. Commissioner Toerge answered you will here more. Public comment was opened. Page 3 of 21 � f NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009 Chris Beauford, local resident noted: ➢ As a homeowner he also has an economic interest ➢ When purchased their home in 1992 they knew there was a beach nearby, PCH, as well as a small restaurant called "Trees' and made the decision to invest in what the house was worth. D In 2007 when the applicant took over the restaurant, he knew the rules too, primarily the operating hours restriction. ➢ We have dealt with the occasional noise, trash and other issues over the years as It is part of Irving there. D This application seeks to enhance the value of "Port' but at the same time that would decrease the value of my home potentially when I go to sell it as well as disclose that there may be a nightclub nearby. A Having the place open until 1:00 a.m. and allowing music and dancing (that was in the original application), is a quality of life issue. ➢ He does have to clean up his yard on Saturdays that has litter such as paper cups, glass, etc. ➢ Bought the house knowing there were certain parameters. ➢ When the applicant bought the restaurant, he knew, or should have known, what the parameters were. ➢ Pushing the dosing time back to 1:00 a.m. changes the dynamics significantly. Dieter Brunner, local resident, noted: Not against the restaurant at all, but not with the proposed hour change. ➢ Circulated a petition around to the businesses and the majority of them do not agree with this application due to parking, trash, etc. He also presented a petition that was circulated to neighbors who do not support changes. ➢ This is a successful business that he asks not be allowed to expand at the expense of the nearby businesses and local residents. ➢ He questions the process of the noise testing and added the residents only complain about the noise when the Port has live entertainment ➢ With the extension of the hours, there will be additional problems especially with the parking. Matt Gudorf, local resident, noted: D Extending the dosing time would place this restaurant on par with bars, lounges and nightclubs that have similar dosing times. Port is proposing to have as many as three security guards; there is no plan in place for the health and safety of the residents in the neighborhood once intoxicated patrons leave the establishment. The current problem of noise in a residential neighborhood from patrons exiting an extended hour later would be increased. ➢ Parking is limited now both during the day and night. There is no parking for the re- opening of the Port Theater. ➢ Port Restaurant states they wish to start valet service and have parking meters installed to keep residents from parking long term on their own street (per application letter). ➢ Adding live entertainment would change the operation and affect the Page 4 of 21 116 NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009 neighborhood. Allowing a DJ and live music changes the basis for visiting the establishment from providing food and drink to providing entertainment and alcohol at an establishment with homes on three sides. ➢ Adding entertainment brings with it a dub/bunge atmosphere with patrons outside waiting in line to get in, creating a disturbance and directly affecting the peace and comfort of those residing in the neighborhood. At the last meeting, he had addressed the Ports continual violation of their current use permit by referencing live entertainment; Port's own staff later in the meeting verified having said entertainment As a resident he is asking for a denial of this proposal and that enforcement is made for the current permit. ➢ The extended hours, traffic, and amplified live or DJ music directly affects the peace, comfort, and general welfare of persons residing in the neighborhood. Chairman Hawkins then asked for pofice staff to speak Detective Bryan Moore with the NB Police Department, noted one thing to keep in mind is after we gave Mr. Zadeh specific instructions on what he could and could not do in terms of his current use permit, we had a patters of repeat violations. We know that past behavior is a good indicator of future behavior. We ask that this be put on the record and that you take this into consideration during your review. Chairman Hawkins asked about the live entertainment Mr. Moore noted it was amplified sound and there was a DJ. Commissioner Peotter asked if the further violations were mainly with a DJ there. Dot Moore answered it was for live entertainment and for operating after the permitted hours and some food service violations as well. Food service had stopped prior to 10:00 p.m. when the use permit states food has to be served during hours of operation. Commissioner Peoter noted the pemmk has dosing time at midnight and you would look at that as every customer needs to be out of the facility by that tire. Det Moore answered he had personally observed service after midnight, so not only did they not leave the facility but they served alcohol as well. Commissioner Unsworth asked about observations of the parking area after restaurant hours and how long does it take for people to leave the parking lot. Det Moore answered that was hard to say; he's been there while patrons were leaving at the end of the night and because they park at all different locations within the area, it is hard to monitor. He said some tend to linger, talk on cell phones and talk with each other as well as talk while they walk to their vehicles, Page 5 of 21 [11. NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009 Commissioner Eaton asked staff about the live entertainment ordinance Mr. Torres answered there is a provision that could allow the Planning Director to grant that no more than two musicians with no amplification could be allowed and this is called a 'minor change °. Commissioner Eaton asked if there was experience with establishments that operate with that "minor change* live entertainment Are they less of a problem for enforcement? Det. Moore answered there are very few that do that. The music does not have the same base level or same sound level so there is less problem but it also depends on the location. This could be considered a 'nightclub' operation. Continuing — speakers in opposition to the application: Sally Chesbro, local resident of a duplex, noted her concern for the peace and happiness of her tenants. If the Port is allowed to remain open until 1:00 a.m., it will be extremely difficult for her to find new tenants in the future. With the addition of live entertainment R will make her property less desirable to rent and lower the value of the property as well as other neighboring properties. . Dawn Stone, local resident, noted she does not support this application due to parking and noise of patrons arguing and screaming. Closing this establishment later than what was allowed is not a good idea if you are trying to have harmony with the neighborhood. The neighbors do not want this open until 1:00 a.m. They dose their kitchen early now, so it is not logical to say you want the place open because they want to serve food later, they will not serve food, they will serve alcohol later. That is my complaint overthis application. Bill Lyle, local resident, noted restaurant patrons park on the street; noise is problematic, especially at night; there are many restaurants on PCH but they close earlier in the evenings; the Port is a restaurant but they want to stay open an hour later and it will then became a nightclub; Bandera's gets two seatings in an evening and they dose earlier than the Port now; it is difficult to understand why this restaurant needs to stay open until 1:00 a.m. to get two dinner seatings. Speaking in support of the application: Ann StOnich, resident across from the Port noted the main problem is the crowd lingering in the parking lot until 2 or 3 am. The suggestion of security in the parking lot is a good one. Shadan Shemlor, local resident, noted parking is a problem in Corona del Mar and is not just because of the Port Restaurant. It is because they're building their houses, extending the units with two parking spots. The restaurant has paid for their parking as shown by the agreement. There is security and the alcohol service is beer and wine only, it is not a nightclub. Page 6 of 21 I. . .- .- .- .-------- - - - -__ NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009 Roya Hosseinvuleh, local resident, noted her support of the restaurant application. She uses the restaurant for her business seminars. Josh Dodsworth, patron of the restaurant, noted his support of this application and would appreciate the opportunity to eat We at the restaurant. He has not had a problem with finding parking whenever he has frequented the restaurant. This is a nice place to relax with friends. A short recess was taken while a member of the audience was given medical attention. Public comment was continued. Speakers in support of the application Cheryl Ginn, patron of the Port restaurant, noted her support for the luncheon hours. She noted bottles or glass never leave the restaurant. Jeff Wright, musician, stated he has played at the Port restaurant the last five months on his acoustic guitar. His music is quiet and he is appreciative to be able to play. At Conxnission inquiry, he noted that his presentation would lose quality if it was not amplified. Nancy McKissic, local resident, noted her support of the restaurant and has been a patron for many years. She has not encountered any of the problems spoken about and added it is a nice place. Summer Wheeler, event planner at the restaurant, noted there is security on site, dancing is only for weddings or on holidays, and there are not a lot of tables. The use permit does not stipulate that food has to be served until a certain time. At Commission inquiry, she noted food is served until dosing time. She explained that the security people make sure there is no overcrowding. Mekaber Mohadjier stated he was employed by the restaurant to help with security during December 2008 up to early part of August with direction to have a presence outside at all times for the purpose of assuring patrons were able to drive and were quiet as they get into their cars. The patrons of the Port did not have bottles or glasses while they are getting into their cars and leaving. We do not allow anything to come in or go out of the restaurant such as red cups or beer bottles. This is not a nightclub. One of the main reasons for that 1:00 a.m. time is so the individuals are not rushed out and ushered out in a timely manner. Based on that we have never had issues as far as fights. Dan Schell, local resident, stated he walks in the area and goes by this place a lot He has never seen any of the problems that have been presented tonight and it is usually a pretty mellow place. You can not hear music outside the restaurant. He noted this place is an asset to the community. Jason Rockwood, local resident stated his support of the project noting it is an asset to the community with the music The owner is trying to come up with issues to take care of the noise and with security implemented in the parking lot Page 7 of 21 NEWPORT BEACH PLANNING COMMISSION MINUTES 09117/2009 would create a calmer time in the evening. Naanink Kaduzian, local resident and frequent patron of the restaurant. This place is classy and has wonderful music. Chris Wissman of JEC Acoustic consultant noted he had performed a follow -up sound monitoring a few nights ago. One of the tests was taken from some homes and the noise source was a DJ system set up inside the restaurant The sound readings were the same as those taken in June. Stacy Jnts, noted she helps with the accounting and bookkeeping. She added this is her second job and has brought her son to her work and feels comfortable with him there as this is not a bad place. Speakers in opposition of the application: Carol Rohr, local resident, noted: ➢ Sound monitoring was taken at her home. ➢ There is a de -emphasis on food at the Port and they can't manage to get one seating done as they seem to have only has d'oeuvres. She noted other restaurants seem to be able to have multiple seatings and do not need security to take you out to your car. Whether there is a dance permit or not you give people rive entertainment and serve booze, they are going to dance anyway. ➢ The type of music that has been complained about is the live DJ music. Angela Kralovec, local resident noted: ➢ There is no on -gang security. ➢ DJ music is not the same as guitar music. D If these items are permitted, they woad never be taken away. She has been yelled at, awakened and harassed by Port restaurant patrons. If they are not complying with the law now, why would they comply in the future? He is allowed to stay open until midnight but stays open past that If given more latitude and allowed to stay open until t a.m., you know it will be opened beyond that. Dave Stone, local resident, noted he is against this proposal due to litter, noise and parking problems. He has to disclose the proximity of the restaurant to his duplex when rents it out to new tenants. Mr. Zadeh noted there are some issues and that he has been working with the City for the past three months. The neighbors are important and the houses and businesses are dose together and we need to work issues out through compromise. Chairman Hawkins asked about the new parking agreement that was entered into today. Do you have a copy of that agreement for us to review? A copy was made available. Page 8 of 21 NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009 Commissioner Peotter asked if the applicant would consider shutting down the restaurant earlier on Sunday through Thursday nights, such as 11:00 p.m., in order to be open until 1:00 a.m. Friday and Saturday nights. Ali Zadeh answered he would like to see the economics of it. He wants his business to survive as right now the business is losing and the 1:00 a.m. is to have the extra opportunity, maybe the restaurant will serve until 12:30 a.m. and the last 30 minutes is done with patrons leaving. Chairman Hawkins stated the answer to the question is either yes or no. Open until 11:00 p.m. Sunday through Thursday, and then Friday and Saturday unfit 1:00 a.m. Why don't you think about that? Ali Zadeh noted this has some merit, but he has to address the dynamics of the restaurant. He wants to do something good for the business. Security is in the parking lot and in the restaurant and that helps. He stated that there are no placards regarding city parking available in Corona del Mar. Valet parking is out of the question due to the drop off being in a public area. We want to serve food until 12:30 a.m. The remodel will allow this as one area is less popular and the other area becomes more popular. We want to create a flow and make the areas as one. Chairman Hawkins noted the building portion is not part of the application tonight. That building portion has to be addressed through the Building Department. Ali 7adeh answered he wants to improve everything. Whatever needs to be done to diffuse the noise and disturbance to the neighborhood, the City can help a little bit This is a neighborhood issue rather than anything else. Marilyn Scheer, representing the applicant: • Stated what is here is a balance of interest • This restaurant is in a commercial district and deserves commercial rights. D The patrons have rights and have freedom of expression and the right to assemble. • There are about 25 people and with dependents there are 100 who depend on the applicant for their livelihood. • Mr. Zadeh pays taxes and there are economic arguments to be made as set forth in their brief. • Mr. Zadeh is trying hard to work with his neighbors and he needs a break to keep going in this business as this is a very trying economic times. Ali Zadeh noted the Port takes care of itself. We want to do something for the neighborhood. But, who is going to be next; everyone's rights need to be protected. The notion of a nightclub with dancing is not suitable in this location. Chairman Hawkins then discussed the parking agreement rights. There are no exclusive rights listed. Additionally, tt says not withstanding the expiration date, this lease could be terminated by either party at their sole and absolute Page 9 of 21 M NEWPORT BEACH PLANNING COMMISSION MINUTES 09117!2009 discretion with a thirty -day written notice. This is not a three -year deal; it can be terminated on thirty day notice. Ali Zadeh answered there is no attendance there now, we have a relationship with the same gentleman who has given us parking there for the last three years. Public comment was closed. Commissioner Peotter asked about the proposed changes inside the building discussed tonight, the use permit would not restrict that today? Mr. Afford answered that the current use permit does require that floor plaits be in substantial cenformano with those approved in 1977, from what I see the changes are not that substantial so they would be in substantial conformance. Commissioner Peotter asked staff if the applicant wanted to serve lunch at an earlier time, the existing conditions of approval would allow him to, upon showing parking for that day -time use, staff would allow service Saturdays and Sundays if parking is allowed. He then referred to handwritten Page 29, Condition 4. It seems he has that flexibility. ➢ There is an issue of'grandfathered' in. Does not agree with an extension of hours especially Sunday through Thursday. • If there was some give and take on the earlier days of the week, possibly later hours could be granted Friday and Saturday. • Since you can not come up with an answer tonight. Motion was made by Commissioner Peotter and seconded by Commissioner Toerge to deny the application as written. Commissioner Eaton noted the applicant's attorney has put this memo on record and so asked for an opinion from counsel. Mr. Tones, noted the live entertainment ordinance was established 1949_ He does not agree that they have a non - conforming right to entertainment. Chairman Hawkins asked about the document. Mr. Afford answered it was in the Section in the Municipal Code dealing with establishments of live entertainment and appears the origin date of that ordinance is 1949. Commissioner Eaton then asked about free speech issues with the limitation on hours of operation. Mr. Tortes noted he does not agree with that assertion. Any first amendment activity, even if It was protected, is subject to reasonable time, place and manner restrictions. An hour restriction on when a business can operate or what type of activity they can have, is certainly allowable under the cases interpreting the First Amendment The applicant asserts that there are First Amendment rights at stake, but they provide no backup for that. Based on Page 10 of 21 X1.6 NEWPORT BEACH PLANNING COMMISSION MINUTES 09117l2D09 the information we have here at this time he does not agree with the applicant. Chairman Hawkins asked what sort of speech they have. Mr. Torres answered it is not political speech, what they assert from public comments is the right for people to assemble. Of course, they can assemble up until 12:00 a.m. now as it is. Assuming this is First Amendment activity it would be subject to reasonable time, place and manner restrictions. This is allowed by the courts to be hours set by the City, which is currently 12:00 a.m., that's allowed. Commissioner Eaton noted: • It was suggested the conditions appear to allow the weekend hours because the parking agreement allows for this. Is it sufficient to make this assumption? Weekend hours are reasonable in light of the parking agreement even though it is not an exclusive right to use. • I don't think weekend lunch hours would be that much of a problem in the neighborhood and 1 don't think that there will be that many users of the commercial buildings will be using that. • He would be inclined to allow weekend lunch hours if the existing condition wasn't broad enough to assure that. Chairman Hawkins asked for clarification of the motion. Commissioner Peotter stated his preference is to not adjust or modfy the existing conditions of approval at all. Staff would have the ability to grant the lunch hour service. Chairman Hawkins noted there were residents who were very concerned about the weekday use; their testimony noted concern of the daytime noise. Mr. Lepo, referring to the 1977 conditions of approval, noted the provision is requiring the City Attorney's explicit approval regarding a parking agreement for daytime lunch hours. Typically there is a condition for a Planning Director approval, the parking agreement submitted could be the basis for the finding. Chairman Hawkins noted we have just received and read this document. Does it provide the safety required by Condition 4? Commissioner Peotter answered it is staffs call as it deals with the technicalities of whether the parking agreement is sufficient. The Planning Commission in 1977 already said if parking was available it could be allowed. Mr. Lepo noted you still need to approve a use permit with conditions relating to the need to replace that parking, should it go away. If you have to do that, you will need to make sure there is provision for okaying ttat sometime in the future so staff could do it Commissioner Peotter stated his motion was to deny the application and not modify the existing conditions. Condition 3 talks about if they lose their parking spaces, as long as they have 40 spaces somewhere, I'd rather leave Page 11 of 21 01 NEWPORT BEACH PLANNING COMMISSION MINUTES 03/17/2009 as far as Commissioner Eaton noted his agreement of the motion as to the entertainment provision. Parking may be tenuous and is concerned if the Port Theater becomes a restaurant, then they may start in a bidding war on the same parking. There is a condition existing that this item has to come back to us if they happens. He asked if the parking does provide the 10:00 a.m. to 2:00 p.m. on the weekend hours, our sense of the motion is that would be allowed. Commissioner Toerge noted: ➢ Quality of the applicant is not what we consider. This is a land use decision and the application and use permit runs with the land. ➢ The applicant himself indicated he has the freedom to sell the business anytime he wants. ➢ We are looking at what is allowed and not the personality of the applicant. ➢ This gentleman is asking us to expand his rights. ➢ Sensitive to the difficulties, we all face in the economy today; but economic difficulty does not justify compromising sound planning principals. If the City Council wants to compromise what good planning is for economic issues, that is their choice why they were elected. D As the Planning Commission, it is our responsibility to recommend to the Council and community good sound planning. ➢ Applicants never come in to downsize their conditions if the economy is good, so for us to compromise sound planning for a temporary economic situation is not supported by me. ➢ There has never been a permit for live entertainment to occur there. That's not to say it hasn't occurred there. D Our system is complaint based and when the restaurant was Mistral's or Trees, the complaints did not rise to the level that Code Enforcement or the police got involved. Yet, for this applicant they have. The fact that there has been live entertainment but no remedial action taken suggests that this applicant is not quite as considerate as he would like us to believe. The in -place security does not seem consistent with how a restaurant operates. That is more of the way a bar operates. ➢ Technically, there is a requirement when we allow off -site parking arrangements to be made in the City; they have to be made permanent. This applicant is proposing to spend a lot of money on the basis of granting this permit and we want to be sure that he has the ability and right to recuperate his investment. If he loses the parking arrangement then the use gets restricted again, that is why it needs to be permanent parking. A three -year arrangement with a thirty-day cancellation clause is not permanent. ➢ The restaurant is an asset to the community, nobody is removing it. D He supports the motion of denial. Chairman Hawkins reiterated the motion is staff recommendation for denial of Page 12 of 21 ll� NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009 Page 13 of 21 o Ayes: Eaton, Unsworth, Hawkins, Peotter, Toerge and Hillgren Noes: None I Excused: McDaniel SUBJECT: Goldring Residence (PA2009 -070) ITEM NO.3 309 Linda Avenue Approved The application is for a proposed single -unit dwelling with the following deviations from the Zoning Code requirements: 1) A request for a variance to exceed the maximum floor area limit by approximately 400 square feet and a waiver of the open space requirement 2) A modification permit to allow the dwelling to encroach 10 inches into the required 3 -foot side yard setback and 1 foot into the required 10 -foot front yard setback. 3) A use permit to exceed the 24 -foot height limit by approximately 3 feet with the midpoint of the proposed pitched roof. Fern Nueno, Assistant Planner gave an overview of the staff report adding that staff could not support the project as proposed, but could support a modified scope of work_ Commissioner Eaton asked if staff had spoken to the applicant and architect advising them 'rf a less aggressive approach could be taken. Ms. Nueno answered yes, that conversation did occur. The homeowner feels the lot is constrained and wanted to apply for this even though it will be a tear -down with a new house built They are prepared to reduce the scope of work, ff necessary, if the Planning Commission is not able to come up with facts in support of the findings. Commissioner Eaton noted this lot configuration is representative of the discussion by the Committee in reviewing the new Zone Code. Could this proposal be compared to the new proposed Zone Code? Ms. Nueno answered it was reviewed with the draft Code version and found it would be comparable to what is allowed. She went on and discussed the ramifications with buildable area and re- design. Both the applicant and architect had read through the current and draft Zone Code but want this application now. They could modify their proposal and comply with the current Code. Chairman Hawkins asked about the Design Guidelines that were incorporated in the updated General Plan. Ms. Nueno noted this proposal has been reviewed with these guidelines and meets most of them but there is an issue of long, unarticulated exterior walls. Discussion continued on the design. Commissioner Unsworth asked if the third story was moved rack towards the alley in accordance with the new Zone Code, would they be able to have the requested hei ht. Page 13 of 21 o J.'O Attachment No. CC 10 New Correspondence Received Id J� mailto .jmurillo @newportbeachca.gov Mr. Jaime Murillo, I am told that you are involved with a Staff Report for the Port Bar, in the consideration of live entertainment, changing their hours, and having brunch. I am the person who took three days off to have 61 local residents /neighbors and 7 business on Heliotrope and Coast Highway the petition that you should have in your files. Many people I could not reach do to their work habits. I am sorry I have not have the opportunity to personally meet you, but I am hoping since Mr.Ali Zadeh, owner of the Port Restaurant & Bar wishes to continue affecting our neighborhood, that you will include my email to your report. Mr. Murillo, again I am not interested in shutting down the Port Bar. I have eaten their several times, and enjoy the place. But when you use public streets as your own private parking and with a staff of 25, where will our family and friends park? Mr. Zadeh first says he has an exclusive contract with the parking facility diagonally across from the Port, only to find at the City Zoning Meeting that it is no more the a month to month agreement. It is apparent with the time and money that Mr. Zadeh is spending, he is expecting lines of young party goers waiting to listion(dance) to loud and live music. He has two lawyers, headed his own petition drive from his patronage months before the Zoning Meeting, paid for polling on the internet, hired several times a sound engineer,and an expensive campaign in order to have a second seating for his meals? Mr Zadeh proudly claims on one of the City Zoning Meeting. that he has hired three bouncers and since changed to naming them customer service personal. What other restaurant hires three bouncers for sit down service? I have met with the sound engineer, Steve for a test on my balcony and street level sound effects. I told him of my disappointment that he would allow the Port Bar employees to regulate the sound system, as well to supposingly open the windows and door when he calls them for instructions. Which means no independent study, in fact it was corrupted. No electronic DJ or live entertainer was used, like when my complaints and my neighbors where generated last summer. But you can guess that the complaints will come in if they are allowed to perform their concerts. Mr. Zadeh has a right to dispute our arguments, and he has done this by trying to punch holes on the neighbors complaints, the police reports, our petitions. It seems, he has questioned our own experience with fights on our streets, seeing vomit, sex in cars, empty bottles, empty cups of liquor. If we don't have reality TV, videos, lie detectors, police on our becking call, then according to Port Bar it didn't happen. So enclosed I have included pictures that I have taken from 09/25 to present the rubbish that we have to deal with at this sit down restaurant. Please notices the used cups that smell of alcohol. Also the graffiti in white 09/25, which while it was on the Port Theater, some five feet from the door of Port Bar. And it is still there! We called in the new graffiti of 10/07, which was cleaned 10/26. This is what we may expect in the future from a responsible restaurant owner who does not worry about his neighbors environment. Do to the limit of internet bandwidth for pictures, I may send it to you in several emails. If you have any questions, please contact me for any assistance. Thanks you, Mr. Dieter Brunner )�3 11 -i w October 30, 2009 City Council, City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposed Amendment to Use Permit No. 1566 Port Restaurant & Bar - 440 Heliotrope Ave, Corona Del Mar Applicants Appeal to the.City Council set for Public Hearing: November 10, 2009 at 7:00 p.m., Dear City Council Persons This letter is submitted in conjunction with my prior letters to the Planning Commission of August 13, 2009, September 14, 2009 and September 17, 2009, my letter to Charles Spence, of March 4, 2008 and my letter of October 29, 2009 addressed to the City Council, regarding my opposition to the proposed Amendment to the Port Restaurant & Bar Use Permit No. 1566. This letter is necessitated due to the recent purported "Statement of Facts by the Port Restaurant and Bar In Support of Its Application for Amendment to Use Permit No. 1566 dated October 23, 2009," which contains self serving and misleading statements, unsupported by facts or evidence The second paragraph of the letter is blatantly incorrect when it states "The Port has been a very welcomed addition to the community and supported by many of the long -term residents of the area." No statement could be more incorrect as evidenced by the avid opposition to the amendment by many long and short term residents due to the approximately two years of disturbance to the neighborhood surrounding the Port Restaurant & Bar. Please see my previously submitted letters and those of many other residents on Heliotrope and Goldenrod and the surrounding area. The second paragraph continues in a self - serving manner, "This is due largely to ongoing efforts and a commitment of the Port management to cooperate with its residential neighbors to accommodate all reasonable concerns involving the operation of the business in a manner respectful of their proterty rights." The disturbing fact is that the Port Restaurant & Bar owner and staff have exhibited absolutely opposite conduct by ignoring the complaints of residential neighbors to the police department and code enforcement with the confined unauthorized loud music and the failure to control drunk, rowdy, boisterous patrons. Now, completely ignoring the pleas, fears and concerns of the residential neighbors, the applicant is seeking to extend the hours on Thursday through Saturday until 1:00 a.m. in the morning which will allow just one more hour of drinking, further contributing to the drunk, rowdy, boisterous, aggressive conduct of the patrons of the Port Restaurant & Bar, and awakening and/or keeping awake the residential neighbors until 1:30 a.m., upwards to 2:00 a.m., in the morning, However, the applicant disengeniously argues that the extension to 1:00 a.m. is in order to provide a second seating! Any good, reputable restaurant serves the dinner crowd beginning at 5:00 p.m. and is able to accomplish numerous seatings in an evening, prior to 10:00 p.m. or 11 :00 p.m. The late crowd City Council, City of Newport Beach October 30, 2009 Page 2 that the Port Bar seeks to attract by extending its hours to 1:00 a.m. in the morning on Thursday through Saturday, is not late diners but late drinkers! The applicant additionally seeks live entertainment, which will admittedly include a DJ, thus bringing a night club atmosphere into the residential neighborhood until 1:00 a,m, in the morning on Thursday through Saturday, and midnight every other. day of the week. This certainly is not what one would call "cooperating with the residential neighbors." It is important to remember what the Newport Beach Police Department Memorandum to the Planning Commission Staff Report of August 20, 2009 pointed out, "...the Police Department knows from experience that past actions are a good indicator of future performance." (pg.3) Review of the diagram of Minor Changes to Make Major Imporvements on page 2, is very revealing. First of all, the outdoor atrium is open to the sky and allows all sound, including voices - laughing, screaming, hollering- and live entertainment to escape and bounce off the high back wall of the Port Theater and travel down Heliotrope and through out the neighborhood, bouncing off of buildings and walls. Additionally, it appears from the diagram, that windows on the S/E side of the restaurant which face onto parking and two residences, will now become doors, allowing just that much more noise to escape. Thank you for your further consideration of these additional points that are of utmost importance to the residents of the 400 block of Heliotrope Avenue, the surrounding area and the "village" of Corona Del Mar. i again encourage you to follow the "resident first" commitment of the Vision Statement and General Plan of Newport Beach and ' village" of rona Del Mar and respectfully request that you unanimously deny the A men to Use mit o. 1566 for the Port Restaurant & Bar. Very truly C rol Ann 42kEgliofrope Avenue Corona Del Mar, CA 92645 Enclosures: Statement of Facts by the Port Restaurant and Bar In Support of Its Application for Amendment to Use Permit No. 1566 dated October 23, 2009 10 October 29, 2009 City Council, City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposed Amendment to Use Permit No. 1566 Port Restaurant & Bar - 440 Heliotrope Ave, Corona Del Mar Applicants Appeal to the City Council set for Public Hearing: November 10, 2009 at 6:30 p.m., Dear City Council Persons: This letter is submitted in conjunction with my prior letters to the Planning Commission of August 13, 2009, September 14, 2009 and September 17, 2009 regarding my opposition to the proposed Amendment to the Port Restaurant & Bar Use Permit No. 1566. Copies of these three prior letters are submitted with this letter for your reference. I have additionally attached a copy of a letter addressed to Charles Spence, Code Enforcement Officer, dating back to March 4, 2008, which chronicled problems with the noise, noisy patrons and loud music emanating from the Port Restaurant & Bar as far back as August/September 2007. I have been a resident of Heliotrope Avenue, Corona Del Mar, for approximately thirty - five (35) years. I live in the first block of houses on the ocean side of PCH. Approximately six years ago my daughter, her husband and I built a home on the property where we all live along with their two young children. This is and will be our home for many, many years to come) This letter will address the Petition "with highlighting and comments" circulated by the applicant, or at his direction, in the neighborhood surrounding the Port Restaurant & Bar, and possibly throughout a wider area of the village of Corona Del Mar. This letter will also address the Statement of Facts by the Port Restaurant and Bar In Support of Its Application for Amendment to Use Permit No. 1566 dated October 23, 2009. In this October 23`d Statement of Facts the applicant states that he is not seeking the introduction of "dancing" and is revising his application to seek extended hours to 1:00 a.m. on Thursday through Saturday nights. Approximately 68 petitions vvere submitted to the Planning Commission by a resident of Heliotrope Avenue, Mr. Dieter Brunner, at the time of the September 17, 2009 continued hearing. The petition prepared by Mr. Brunner, which I signed, was one of those petitions submitted. It was brought to my attention a few weeks after the hearing that the petition which I had signed had been singled out and was being circulated by the applicant and/or his supporters, with "comments" on the front side of the petition and a questionnaire on the back. A copy of the petition "with highlighting and comments" is attached behind this letter. First of all, it is my understanding that the petition signed by me is the only one being circulated around the neighborhood. I have been vocal against the proposed amendment to Use 0 City Council, City of Newport Beach October 29, 2009 Page 2 Permit No. 1566 both by way of letter and speaking at the Planning Commission hearings. Secondly, I consider the singling out of the petition signed by me for circulation with "comments" to be an act of attempted intimidation by the applicant and his supporters. I have been a resident on Heliotrope for over 35 years and will continue to be, and I am concerned that this singling out of my name and address will jeopardize our safety and the peaceful use of our property by me and my family. For the purpose of clarity I have assigned a number to each comment on the attached Petition "with highlighting and comments" and will address each comment in numerical order. In doing so I will additionally address, where applicable, the October 23, 2009, Statement of Facts by The Port Restaurant.and Bar in Support of Its Application for Amendment. Comment No. la: The applicant purports that all "documented violations" have been appealed. The fact that the applicant purports to have appealed all "documented violations" does not negate the fact the violations were found and numerous complaints by the residents preceded those documented violations. Comment No. 1 b: The applicant maintains "our permit does not prohibit entertainment." However, this position was controverted at the September 19, 2009 Planning Commission hearing by Deputy City Attorney, Michael Torres, who presented a memorandum regarding the fact "live entertainment requires a permit and is not allowed as a matter of right." Comment No. 1 c: The applicant disingenuously maintains that multiple noise studies have shown the Port Restaurant & Bar is "well below noise ordinance levels" Loud music from the Port Restaurant & Bar has been an extreme problem as far back as August/September of 2007. (Please see my letter of March 4, 2008). The music has been either live or with a DJ and can be heard for blocks. Due to the nature of the music, there is a lot of "base" which can not only be heard but can also be felt. The center courtyard and back portion of the Port is open to the air so the noise rises and also bounces off the high back wall of the Port Theater. The sound and the amplification can be heard and felt through walls and windows the entire night until closing, which is oftentimes after midnight. My bedroom suite, which has glass French doors and flanking windows, faces the street and I can hear the loud music and amplification (and feel the "base ") whenever the Port Restaurant & Bar has had live or DJ music even though my double pane windows are closed and I am wearing ear plugs. The same loud music and amplification can also be heard from my grandchildren's bedrooms on the second floor on the Port Bar side of the house. In my August 13, 2009 letter, I stated that any valid noise study should include readings from my second story front balcony. The purported "Noise 91 City Council, City of Newport Beach October 29, 2009 Page 3 Study" attached to the Staff Report for the August 20, 2009 Planning Commission hearing, was deficient on its face as it only checked the noise measurements of the nearest residences, and only from the ground floor. My September 17, 2009 letter explains how, after the August 20, 2009 hearing, Chris of JEC, proposed to me and others in the neighborhood that he would like to do a "courtesy" sound test from those residences that complained of hearing live music from their second story. He and I agreed that Friday night, September 11th would be a good night since the Port Restaurant & Bar has larger crowds on Thursday and Friday night which results in additional noise from the restaurant and patrons. Chris admitted that he was the one that would determine how loud to make the music during the test, and that the determination was subjective. The night before the sound test scheduled for September 1 Ph, Chris called and cancelled because it was not good for "other (unnamed people) involved" and reset it for Tuesday night, September 15th. I told him that the new date was impossible for me due to work commitments and because my grandchildren would be asleep in their second floor bedrooms. Chris also informed me that the police department had dropped out of the testing. The purported Supplemental Noise Study of September 15, 2009 is not independent and is defective and misleading. There was no monitoring by an outside agency and JEC is an agent of, hired by, the applicant. The Second Noise Study (page 3) states that the home owner at 429 Heliotrope was not available to allow monitoring at the residence but that they checked outside at the property line and there was "very little detectable sound coming from the restaurant with no increase on the monitor from the ambient level ". This conclusion makes no sense and does not explain how from August/September 2007,1 have been disturbed by extremely loud amplified music from the Port Restaurant & Bar, which I could hear and "feel" (the base) from my second story suite, with windows closed and ear plugs in. As a result I have had to call the police department numerous times and initiated complaints to code enforcement beginning in March 2008. Other residents on the street and in the area have done the same. At the end of the Supplemental Noise Study, Chris opines that when he went back into the restaurant after the monitoring he witnessed customers complaining that the test level was too high and apparently some customers left because of it. This conclusion doesn't make any sense either. For almost two years, up until the applicant filed for the current amendment, I and other neighbors continuously complained about the extremely loud music from the Port Restaurant & Bar. In spite of these complaints, as well as code enforcement and police intervention, the Port Restaurant & Bar continued having loud amplified music. They certainly would not have done so if it was causing their customers to complain and even leave. Chris (JEC) and the applicant are talking out of both sides of their mouths. They can't have it both ways! Clearly, the purported "sound tests" have been skewed to appear to render favorable results for the Port Restaurant & Bar and its request for an amendment to have "live entertainment ". lq City Council, City of Newport Beach October 29, 2009 Page 4 The concern is, if the level of the liveiamplified entertainment (not authorized by the current use permit) from 2001 up until when the Port filed for their current amendment was so loud that it resulted in calls to the police department and complaints to code enforcement, how loud will it now be if their amendment is "granted" and they are allowed to have "live entertainment'? As the City of Newport Beach Police Department July 31, 2009 Memorandum, attached to the Planning Commission Staff Report of August 20, 2009 pointed out,".. . the Police Department knows from experience that past actions are a good indicator of future performance." (pg.3) If the City Council is inclined to grant the amendment for the "live entertainment' and the extended hours until 1:00 a.m., I request that the residents first have the opportunity to conduct a professional, unbiased, objective, well monitored sound test in the neighborhood, including from the second story at 429, 425 and 4231/2 Heliotrope, as well as other locations: Comment No. 2: The applicant maintains "Dancing was Never Part of our Plan." Review of the initial Staff Report for the initial August 20a` Planning Commission hearing specifically states in the "Project Summary" that the Amendment to Use No. 1566 seeks to allow "(2) Introduction of live entertainment and dancing." However, even if the applicant has now stated in writing that he does not seek the introduction of "dancing" at the restaurant, it is an empty promise /position. The reality is, as my letter of September 14, 2009 points out, when restaurants turn into night clubs at 10:00 p.m., dancing goes along with the live entertainment and night club atmosphere. (See attached thereto, LA Times, Orange County Edition, article dated March 16, 2008, which chronicles problems Fullerton and Carlsbad encountered when restaurants were allowed to turn into nightclubs at 10:00 p.m.) With or without a permit, dancing happens when there is live entertainment. I submit that this will be the case at the Port Restaurant &b Bar, with or without a so called "dance permit ", if Use Permit No. 1566 is amended to allow "live entertainment ". Comment No. 3: If the proposed amendment to stay open until 1:00 a.m. in the morning is allowed the "leaving process" which now takes place from approximately 1 1:00 p.m. upwards to 1:00 a.m. (with the current closing time of 12:00 midnight) will be expanded upwards to 2:00 a.m, in the morning. Now, with the alleged closing time of 12:00 midnight, there is screaming, yelling, loud voices, slamming doors, car alarms and revving engines starting between10:00 and ] 1:00 p.m. and lasting until 12 :30 and sometimes even upwards to 1:00 a.m. in the morning. This extreme disturbance will now be expanded upwards to 2:00 a.m. in the morning if the closing time for the Port Restaurant & Bar is allowed to be amended to 1:00 a.m. This extreme disturbance of the peace takes place on the sidewalk and in street in front of the Port Restaurant & Bar, in the parking lot across the street from the Port Restaurant & Bar, in the parking area along the alley just S1E of the Port Restaurant & Bar, which is bordered by the residences of 432 and 432 1/2 1..93 City Council, City of Newport Beach October 29, 2009 Page 5 Heliotrope, on Second Street, on the sidewalk and street of the entire 400 block of Heliotrope and the sidewalk and street of the 400 and 500 blocks of Goldenrod, The applicant's modification of his application to extend closing hours to 1 :00 a.m. in the morning on Thursday through Saturday night does not lessen the detrimental impact on our residential neighborhood. Thursday night starts the weekend for the young, hard drinking crowd that the Port Restaurant & Bar is attempting to appeal to by staying open until 1:00 a.m. in the morning, Either they don't have jobs or are able to function tired and hung over. The residents in the neighborhood that are affected by the behavior discussed in the preceding paragraph, as well as by the proposed live entertainment, are people with jobs and/or school to go to on Friday, children with school and people with responsibilities. Likewise, these residents don't want to be awakened or kept up until at least 1:30, upwards to 2:00 a.m. early Saturday morning, as they have soccer/baseballfbasketball/ swimming, etc. events to attend, errands to accomplish and home, family and religious responsibilities. The same concerns support not wanting to be awakened or kept up until at least 1:30, upwards to 2:00 a.m, early Sunday morning. The bottom line is the Port Restaurant & Bar is "embedded" in a residential neighborhood with residential home and families and childrenM Comment No. 4: The applicant challenges the use of the term "bouncers ". Would he prefer to call them "security "? The effect is the same. What "cozy ", "friendly ", "reputable" restaurant in the middle of a residential neighborhood needs three (3) "bouncers" and/or "security" and/or "personnel" to control the behavior of its clientele? Only a restaurant/bar that has been allowed to turn into a night club -- with live amplified music and closing hours extending into the early hours of the morning! Comment No. 5: Based on information and belief, incidents such as fist fighting, vomiting, urinating on lawns and/or yards and discarded condoms have been reported by neighbors /residents in close proximity to the Port Restaurant & Bar and the parking area along the alley to the S/E and the parking lot across the street. I have personally observed what appears to be sexual conduct in cars, red cups with and without liquid content and beer bottles, and heard fights, yelling, screaming, hollering and the slamming of doors and revving of engines. Comment No. 6: The applicant makes the disingenuous argument that if he could be open until 1:00 a.m. in the morning it will spread the noise out over a longer period of time and it will have less impact on the neighborhood. To the contrary, being open another hour until 1:00 a.m. in the morning on Thursday through Saturday nights will just allow one more hour of drinking, further contributing to the drunk, rowdy, boisterous, aggressive conduct of the patrons of the Port Restaurant & Bar. If allowed to stay open until 1:00 a.m. the residents will be kept awake and/or jq City Council, City of Newport Beach October 29, 2009 Page6 awakened upwards to 2 :00 a.m. by the departing drunk, rowdy, boisterous, aggressive patrons, instead of the current 12 :30 a.m. and even sometimes even upwards to 1:00 a.m. In effect, the applicant threatens that if not allowed to stay open until 1:00 a.m., the Port will "have no choice (sic) of letting 75 -100 people (sic) at once and that will create noise and disturbance." (Please see discussion under Comment No, 3 above.) Comment No. 7 The applicant disingenuously purports to be attempting to solve and/or answer the future challenges regarding additional parking for the Port Theater. The truth of the matter is, if the Port Restaurant & Bar is allowed to become a night club with live entertainment and a 1:00 a.m. closing time, it will draw more people to the area compounding the parking situation which will be aggravated by the dangers of alcohol related accidents and behavior. Conclusion: Additional documents submitted to the Planning Department apparently after the September 17, 2009 hearing, included a letter from the Newport Beach Chamber of Commerce. This misguided letter includes the disingenuous statement that the Mr. Zadeh's application to amend Use Permit #1566 seeks to allow "for minor changes in the operational characteristics of his restaurant." As discussed above and in all of my prior communications regarding the proposed amendment, the request to allow live entertainment and to extend the closing hours to 1:00 a.m. in the morning, are not "minor changes" but "major changes" that will be detrimental to the public health, safety, peace, morals, comfort, and welfare of persons residing or working in the neighborhood of the Port Restaurant & Bar, As evidenced by the avid opposition to this amendment by residents of the neighborhood, these are not "minor changes "! The Chamber of Commerce letter supports these "changes to remain competitive in a very difficult economic climate." In response, I paraphrase what Planning Commissioner, Michael Toerge, said at the September 17, 2009 Planning Commission hearing, difficult economic times do not warrant compromising sound planning principals. If allowed to have a permit for "live music" and longer hours, this loud music and amplification will be heard and felt into the early morning hours. There will be no peace or tranquility for the residents on and surrounding the 400 block of Heliotrope Avenue. The nature and type of the music is just another example of the Port attempting to become a nightclub. However, not only does this disturb the peace of a residential neighborhood, it also brings a loud, boisterous, heavy drinking crowd into our Corona Del Mar "Village" neighborhood. What has happened to the "village" theme and atmosphere that Corona Del Mar was trying to foster? A night club within the residential "village" certainly does not promote or preserve this image or atmosphere! There is no other restaurant/bar in Corona Del Mar that is "embedded" in a residential neighborhood and fronts onto a residential street with homes and families and chifdrenM All others restaurant/bars are on Pacific Coast Highway. �, . City Council, City of Newport Beach October 29, 2009 Page 7 Thank you for your attention to this critical situation for the residents of the 400 block of Heliotrope Avenue, the surrounding area and the "village" of Corona Del Mar. I encourage you to follow the "residents first" commitment of the Vision Statemerzt_and eral Plan of Newport Beach and its "village" of Corona Del Mar. I respectfully request-that you usly deny the Amendment to Use Permit No. 1566 for the Port RestafiiZt & Bar. Carol Ann Y 429 H trope Avenue ona Del Mar, CA 92645 Enclosures: - Petition with "comments" -March 4, 2008 letter to Charles Spence, Code Enforcement Officer -Letter of August 13, 2009 -Letter of September 14, 2009 -Letter of September 17, 2009 have been appea permit does not multiple noise lies have shown we well below city se ordinance levels lvd. e need to work ;ether with the y to minimize impact of Port teatre opening the area and have no cements for ng if they as theatrel need to ablish the unit parking i request signs the city to tWbit folks .king all over place! ease sign up our .net in regards to lrt Theatre irking Impacts we can present to the city dependent of .tr application. bank You! Newport Death B&dWvnmd tPxeamhk): WAIT 7.adeh, mer of rb buaiow under the cmrerd 0o eMrsgo the tezns oftha 7a+delt has )u&g ?Ort Bar special even+, f usty am even We to, causing else accusation: We made it elear'that Dancing Was Never Part of our Plan on repeated basis before this petition but someone wants to keep using it!!! ur Current Permit is 12AM autant & Liar lncata :440 H! 40H has bean bt L(tbougb%41b '`�" v) r2t�lyauAnowwams Mn All li has dectdcd m fora an nfthe atintng s inctude5„ ... . - serving hmoh, and '06M only W tines of people Ott side oresoolly.eajoy. Many paopfe 0a ve A And this w40 only conlitwa. W, Well *Ck "ed for 60 to hone owacts had to .00zy restaurant a SteA44 pact, r ems in ttu back &14 i g . a sunea :ra wilt ba to par+tcet OarpCapati< And opcnLitt oily to agWoa ft itsn thna %stomps gem hurt duo m sash minor cMw as no sftd light, imdegoam roads, or low onfarcemart. - 7 eers. We have noel outside iding people ti quiet when ndering Port and :re is no evidence back any of these Lions listed. These iy have happened the past !ablishments but in doesn't allow iv misbehavior! e never intend to z.hange any laws. We ant weekend lunch erviec and extend losing time by one our and have personnel present at he parking !at so the estleave in an rderly fashion and rnize impact to eighborhood. If we on't get the endments, we have no choice of letting 5 -100 people at once d that will create oise and disturbance Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949 - 723 -9687 — Should you have any questions, feel free to ask us! March 4, 2008 THIS IS A CONFIDENTIAL COMMUNICATION Charles Spence, Code Enforcement Officer City of Newport Beach RE: "Me Port" Restaurant & Bar 440 Heliotrope Ave. Corona Del Mar, CA 92625 Dear Mr, Spence: This is in follow up to our conversation of yesterday regarding the above referenced property. I am a thirty five year resident of Corona Del Mar and have lived at 429 Heliotrope Ave for approximately thirty three years. Over the years various eating/drinking establishments have been located at the 440 heliotrope location. The current establishment opened up last year. Based upon notes I have kept, I spoke with Alex the manager several times last August/September regarding the loud music after 10:00 a.m. at night. Be advised that the music was supposed to stop at 10:00 a.m. and that the establishment closed at 12:00 midnight. Since the beginning of the year I have heard the music after 11:00 a.m, and even until midnight and after. This is especially the ease from Thursday through Saturday nights. On Thursday, February 14, 2008, Valentine's Day, the music was playing after 12:30 a.m, the early morning of the 15". On Friday, February 29, 2008,1 called The Port in the early evening and asked to speak with the manager that I had previously been told was now Gabriel. I was able to speak with Gabriel and advised him that on Thursday, February 28", the music was still going until 12:30 a.m, the early morning hours of February 291 ". I additionally advised that I heard people loudly leaving well after midnight. He advised that they had a D7 playing the music. He assured me that he would speak with the owner and anticipated that the music would be stopping by 11:00 a,m, in the future and the establishment would close at 12:00 inidnighi. On Saturday night, March 1, 2008 music and noise was still emanating from The Port at 12 :30 a.m, of the early morning hours of Sunday, March 2'4. I called.the Newport Beach Police Department and made a noise /disturbing the peace complaint. The dispatcher advised that she would send a car out to the location. 11 Narles Spence March 4, "2008 Page 2 I believe that we have a noise ordinance that establishes a noise curfew at 10:00 a.m. Additionally, loud music would be considered "disturbing the peace" no matter what time it was. It is my request that the music, if even allowed under their permit, be required to stop by 10:00 a.m.. Additionally, The Port should close its doors at 12:00 midnight at the latest. My suggestion would be that there is an earlier close time Monday through Thursday, since people who have been drinking do not seem to be able to leave quietly. .1 have additionally been told that there is a center courtyard area in tine middle of the restaurant bar that is open to the air, If this is the case, it would allow the sound of the music to travel farther than if it was in an enclosed space. I heard rumor that when the new owner opened last year he wanted an establishment compatible with the Corona Del Mar neighborhood which had been his home, What has developed and is outlined above is not compatible with an establishment with a residential neighborhood with families, children and people who have to get up and go to work and school the next day. I would appreciate It if you could let me know what the current use permit for The Port allows. I am sure that it does not allow music until 12:30 in the morning and fbr them to remain open past midnight. Additionally, I will be very interested to learn how compliance with the use permit and the expected quiet enjoyment of the neighborhood will be achieved. Thank you for assistance Or `) August 13, 2009 Planning Commission, City of Newport Beach Planning Department, Building C, 2 "d Floor 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposed Amendment to Use Permit No. 1566 Port Restaurant & Bar - 440 Heliotrope Ave, Corona Del Mar Public Hearing - August 20, 2009 at 6:30 p.m., Dear Planning Commissioners: I have been a resident of Heliotrope Avenue, Corona Del Mar for approximately thirty -five (35) years. I live in the first block of houses on the ocean side of PCH. Approximately six years ago my daughter, her husband and I built a home on the property where we all live along with their family. This is our home! Over the years various eating/drinking establishments have been located at the 440 Heliotrope Avenue location. The first that I remember is the Pirates Inn which was a family restaurant. Unfortunately that is not the case with the Port Restaurant and Bar. Since its inception, the Port Restaurant & Bar has made no effort to contain the noise within its doors or request its patron to leave quietly when they exit into the residential neighborhood. The problems have become worse since the Port is apparently not succeeding as a restaurant and is trying to survive as a bar /night club. The bar /nightclub draws a young, heavy drinking and boisterous clientele. There is yelling that can be heard from the patio /smoking area, from in front of the bar and in the streets. Especially after 10:00 p.m. there is yelling, screaming, fighting, revving of engines and slamming of doors up and down the street. This continues until the restaurant closes, which is now around 12:00 midnight. The worse nights are Thursday, Friday and Saturday, however, this same disturbance can be heard throughout the work week, especially when the Port has their "private parties ", If allowed to stay open longer, this disturbance of the peace will just continue until the early hours of the morning, How can residents, families and children sleep for work, school and a productive life with a night club in the middle of their neighborhood? Loud music from the Port has also been an extreme problem, The music has been either live or with a DJ and can be heard for blocks. Due to the nature of the music, there is a lot of "base" which can not only be heard but can also be felt. The center courtyard and back portion of the Port is open to the air so the noise rises and also bounces off the high back wall of the Port Theater. The sound and the amplification can be heard and felt through walls and windows the entire night until closing, which is oftentimes after -midnight. My bedroom suite, which has glass French doors and flanking windows, faces the street and I can hear the loud music and amplification whenever the Port Bar has had live or DJ music. Any valid noise study should include readings from my second story front balcony. The same loud music and amplification can also be heard from other bedrooms on the second floor on the Port Bar side. If allowed to have a permit for `live music' and longer hours, this loud music and amplification will be heard 0 Planning Commission August 13, 2009 Page 2 and felt into the early morning hours. There will be no peace or tranquility for the residents on and surrounding the 400 block of Heliotrope Avenue. The nature and type of the music is just another example of the Port attempting to survive as a nightclub. However, not only does this disturb the peace of a residential neighborhood, it also brings a loud, boisterous heavy drinking crowd into our Corona Del Mar "Village" neighborhood. 'What has happened to the "village" theme and atmosphere that Corona Del Mar was trying to foster? A night club within the residential "village" certainly does not promote or preserve this image or atmosphere! There is no other bar in Corona Del Mar that fronts on to a residential street with homes and families and childrenIll All others front on to PCH. The current owner of the Port Restaurant & Bar was put on notice of the restrictions of the use permit when he purchased the property. However, he has spent the last one and one half years violating that use permit. Over the past one and one half years I have had to call the police dozens and dozens of times to report the loud music, yelling, screaming, fighting, revving engines and slamming of doors. I have also talked with and e- mailed your code enforcements officers in this regard numerous times. The property owners and/or residents on Heliotrope Avenue and Second Avenue in proximity to the Port Restaurant & Bar have relied upon the restriction of the current use permit to maintain the peace and livability of their homes and neighborhood. It would be extremely unfair to those property owners and/or residents for the City of Newport Beach to now allow the Port Restaurant and Bar to become a night club which will disturb the peace, endanger the safety of families and children, and lower the property values. The proposed changes to the floor plan of the Port will increase the effect of the loud drinking patrons and loud music, as there is a proposed "open air" dance floor which will just further amplify the music and sound. I do not understand how the City can allow a permit for longer hours, live music and an open air dance floor when it is a given that it will result in the disturbance of the peace. How can the City "permit" the disturbance of the peace in a residential neighborhood? Thank you for your attention to this critical situation for the residents of the 400 block of Heliotrope Avenue, the surrounding area and the "village" of -a el Mar. encourage you to follow the "residents first" commitment of the Vision tertl eneral Ian of Newport Beach and its "village" of Corona Del Mar. I respect ly r_eq est that y unani ously deny the Amendment to Use Permit No. 1566 for the Port Re ant and B n ' ely. yours, 429 Heliotrope Avenue Corona Del Mar, CA 92645 September 14, 2009 Planning Commission, City of Newport Beach Planning Department, Building C, 2 "a Floor 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposed Amendment to Use Permit No. 1566 Port Restaurant & Bar - 440 Heliotrope Ave, Corona Del MaF Public Hearing - August 20, 2009 at 6:30 p.m., Continued Public Hearing — September 17; 2009 at 6:30 p.m. Dear Planning Commissioners: This letter is submitted in conjunction with my prior letter to you of August 13, 2009. I agree with the current Staff Report dated September 17, 2009 wherein it is states: the addition of live entertainment and extending the hours of operation for an additional hour is expected. to result in increased noise disturbances to the adjacent residences and neighborhood; and, the introduction of live entertainment (which will result in dancing even without a "dancing permit ") can potentially transform the restaurant into a nightclub, and due to the close proximity to a residential neighborhood, would result in a land use that is incompatible with the residential character of the neighborhood. Since mid 20071 have been disturbed by loud, late night music and loud patrons, emanating from and around the Port Restaurant & Bar, as late as 12:30 a.m. Consequently, the attached article in the California Section of the LA Times, Orange County Edition, dated March 16, 2008 caught my eye. This article chronicles the problems Fullerton and Carlsbad encountered when restaurants were allowed to turn into nightclubs at 10:001a.m. As quoted on the second page of the article, "These places have moved all their furniture, hired DJs and it's like a big fraternity party ". The numerous alcohol related problems are described. It is pointed out that restaurants in Carlsbad, like in Fullerton, began turning into nightclubs after 10 p.m., drawing younger and later- arriving crowds, mare fool traffic and more alcohol related headaches. (emphasis added) However, even more critical to the amendments before you, the Port Restaurant and Bar is within a residential neighborhood, unlike the restaurant /nightclubs in Fullerton and Carlsbad. Since the City of Newport Beach is on notice as to the potential problems that can result if they allow the amendments to the use permit adding live entertainment (which will include dancing with or without a permit) and a 1:00 a.m. close time, there are serious liability issues to consider. These potential liability issues will arise if there is injury to persons (residents, including children) and/or damage to property and will potentially result in a monetary cost to the City for defense of such claims, as well as if liability is found in a court of law. If these amendments are allowed, there will also be the added cost to the City for the increase of law enforcement response to the Port Restaurant & Bar, as well as possible overtime costs for responding and/or additional officers. M AG- Planning Commission, City of Newport Beach September 14, 2009 Page 2 I thank you again for your attention to this critical matter for the residents of the 400 block of Heliotrope Avenue, the surrounding residential area and the "village" of Corona Del Mar. I again encourage you to follow the "residents first' commitment of the Vision Statement and General Plan of Newport Beach and its "village" of Corona Del Mar. I respectfully request that you unanimously deny the above referenced Amendments _3se-Per ' I+lo. 416 for the Port Restaurant & Bar, in their entirely. 1 429 Heliotrope A#nue Corona Del Mar, CA 92645 Attachment: Article from California Section of the LA Times, Orange County Edition, dated March 16, 2008 Re: Fullerton tries to bring older to downtown. E then for i mi • . v txa = uary u w 1 yrrtrny `.[L'pt�'!s- ir{gC7l� lf[iQ4[ /lQU¢P- At4TR.lYOZ¢�p ithcvebsnts .ectforaindd- A worriSOML irenr8 o[lay Gibson .- _ - F ullorton officials say some o d -on tiros customers wno frequent * p Icreef 1 h -e restaurants and blrs ri cot o to " ���ggg g downtown often carry th,Ji with pl otos drtrikmg, socializing and -. d.,hou7d ever brgl'. d ... brawling into nearby parking lots Here's it look at the ly.' shows it L" density of parking and - a i you Tome restaurants in one area: _DbQpdw I I - Parking lot /parking structure R 1-S A As then for i mi • . v txa = uary u w 1 yrrtrny `.[L'pt�'!s- ir{gC7l� lf[iQ4[ /lQU¢P- At4TR.lYOZ¢�p ithcvebsnts .ectforaindd- A worriSOML irenr8 o[lay Gibson .- _ - F ullorton officials say some o d -on tiros customers wno frequent * p Icreef 1 h -e restaurants and blrs ri cot o to " ���ggg g downtown often carry th,Ji with pl otos drtrikmg, socializing and -. d.,hou7d ever brgl'. d ... brawling into nearby parking lots Here's it look at the ly.' shows it L" density of parking and - a i you Tome restaurants in one area: _DbQpdw I I - Parking lot /parking structure R 1-S wads'. pitzer itician ere in rey. So her lams Ile for nd :'says I� 1- C sl bf ac $ A'4Qf ?��" _ _, ..': :- -: [ rtloxewnn r c,n n�crl•. + + „n fE .__ QII ®S7IONS: oJfceisdetainamnnv,hile eanesligating a Teaorkthat he night have had a gron Nomeaponwasfourti. - pi tM i maa A worrisome trend Y( Gibson' lh�rto� try - � d I'ullerton officials say some o . u n s .xr Hro•. & chase customers who frequent re �Chapr 311 Ave while ® restaurants and bars - 1 ti it, so to _ Cam nweallh nild ever )ri dowrttovni oaten carry their.. � n V fe )hotos I� drinking, socializing and y Q ve nitd ever brawlln, into nearb arkin. �, P nearby g. Orang :Lorpe IT lots. Ha rtt s a look at the Ave. h lows the dl nsity of parking and i SIT Full don sl some r s'.aur alts m ona urea sr —� -- d tton,” T d with Parking lot(parkmg structure Restaurants O Bar /lounge 'T fists the , 3 A $80 for -- minutes 1heence- sleepy district stow draws a young' ' a little f� I the party crowd, with alcohol related crimes sfilSireAv¢ is* I: OV. S lfl. gunviny Anew law will take effect next monthF ry.Take '' )head- fl >PVlar " -- headed either: a place where H - .x +oo $ DAVE I1,ICKIan GN Y fighting, vomiting in the streets for f00 Coran ss ss[ °I /}iq't" `. and intoxicated drivers have ' -- c aughty become so commonplace. that Fullerton Cou kiln aRich- the areais reelingtoward teing ,_ a- pensive and Jones rcmrmbers his known as tire drunk capital of ;ffiIfornra -- sleepy downtown before up Orange County. ork the - scale restaurants, trendy "Fullerton is a good city, mid - , I API) nightclubs and cocktail it can't go : to hell in aharidbas " � ve _ �. .. " 'j here they - lounges began tsiung over the keL he said. "Hut with all the r cling - fourblock district, and he drinking and lailgzting and the knoti,s he da.snt want to go . inin.rung outside buildines, bt, the trier thelra ain this place hash come intolir the Inl k _ Mpn we barl crosses in able hke the wild, wild West - ss Is now _ front. of stoics it was so dead;' of 150 years ago, We've got to ca -s ,�,,. 5 'r•'" nnet. he said "it vas known as the g0things rmdercontrol. Ifnot, "�£ arcs axes; , s l �ougslist - : antique capital of .Orange ', we may have to exhume: Wyatt )dy Wake- County" " >arp." S.."": city of ev11va ",,, Coegle anah 1 _' alked into Hut Jones doesn't lilcewhere Over the 15sE year, city afar zo. nc�ac. r11e, ' Vher his now thriving downtown is ISee Maler tor, Page 13111 .. 265 y seeps calm -. downtown fikilerlon,front Page BI Recently, Fullerton officials elms have tried to rein in their realized that downtown had unruly bar and nightclub scene become more trouble than it along Harbor Boulevard and was worth, costing about $1.5 Commonwealth Avenue by million annually in police, }ire dedicating four pollee officers and maintenance costs while to the bustling district and bringing in only $560,000 in putting a t ratorlu , on new taxes. After six months of cam- s ors c liquor license man munity, meetings and commit - Bu ne er measure tempered tee reports, the City Council things. In fact, the problems unaNmously passed an ordi- maybe getting worse. nance this month aimed at A cab driver was attacked bringing a sense of order to and killed in May, allegedly by a tlaw own. man who had been partying in The willch tAses effect the downtown bars. In Septem- next month, call$ for nnise lim- ber, three late- night revelers its inside and outside estab- B'orrr the Riverside area were hmen , tighter security, leaving downtown when their 5 o r es and condl- vehicle bit a median and roiled t I u r M -use ermtcs ror r au. over — killing the driver, whose ran" that transform into blood alcohol level was over the irrhtelubs after 10 tI m. legal limit. "We had this quiet little `This place has become intolerable — like the wild, wild West of 150 years ago. We've got to get things under control! - — RICHARD JONES, Falterlon mancttmaa ,9X Police say most of those ar- rested on suspicion of being in. tordeated, urinating In public, vandalism or assault are not from Merton or even orange County, but rather the Inland Empire and Los Angeles County. With nearly 50 establish- ments serving liquor and many of them connected through rear parking lots, tailgating be- fore heading into the bars has become popular. "We've definitely become a destination, sort of a smaller version of the oaslamp district In San Diego," said Rdleribn Police Sgt. Linda King. "There's so many places close to each other, people are doing pub crawls from place to place." downtown for so long, so we en- couraged all these restaurants and bars to come," Council- woman Pam Keller said. "We didn't put the condi- tions on them because we needed them. And suddenly we've got this little baby that we ignored and she's turned into this naughty teenager. Now we're making some rules, trying to get that teenager into adulthood ,without getting ed." Councilman Shawn Nelson as restaurants, but it's hard to tell that at 11 at night," he said. "The lighting's different than the day, the personnel Is differ- ent, and even the employees dress differently. But you can see why these places would fo. cus on selling liquor. It doesn't spoil, there's no prep and it's easy to make a lot of money on It." Keller said she `vent down- town for dinner one night with her two small children and felt out of place. "There's about two places we can go with our kids after 5 n r1, and that'v kind of a h 1m- rm!r for a majority of our can, munity," she said. "'These places that are supposed to be res our s then' ure hired DJs it's like a b ternity{rariy." Fulierton's growing pains F i j POPULAR: Nearly 50estab DEJECTED: Amon wails o a car accident last weekend in spends about $1.5 million fmn t maintenance costs for tae file, aren't unique in Souther n C::h forma. The seaside town of Car.. bad in San Diego County h:, aim seen its dmvntown vdiag. undergo a transformation evc the last decade, from antique shops, art galleries and hors upscale restaurants, bree• pub . Aa u..uLLerton, serve are ., Cadsbad's restaruauts ueru,e tuning into nightclubs after 01 p.m., drawing yaunger and idL er- arriving crowds, more font, traffic and more alcohol -re lated headaches. f,� e rum"npm ay KICKAaa IAATO / Aw #rein. pis In the area serve liquor. Some restaurants lmn#orm Info nightclubs alter dark curb inter bein y In volved In Womn kUlterfon. The city on police, fir and t recent crash nos fatal. The Carlsbad City Council asked an ordinance similar to Wiertois Unit established mind levels at erl0tF1.= 8'llii irandaleA- i.fieEiwsfinesses Im dennent semm plans and re pply" —for ent&Talliifte it per - afts -Tour �o eight police ddt t!. have been added to the 4 •+down dirt, ict Gr. •, eekcnd bkhls Based on the reactions of neveral restaurant, pub and 9lghtclub owners to Fuller toi s ordinance, Wyatt Earp they have been a more palatable so- krtlon. Many said they would have ratherbeen assessed a tax to pay for more police patrols of streets and parking lots, cam- eras to catch incidents on tape and maintenance workers to clean up the area. "Iut's get control, but let's put our resources together," said Joe Florentine, who owns a downtown restaurant, cocktail lounge and tikl bar. 'I've seen nothing like a tax come across ray desk on that. I'm frustrated with the process. A lot of these business owners are nervous and scared. " Business owner Joe Juarez called the councits action an overreaction. An interactive dueling piano dinner show at Juarez's Rockin' Taco cantina often attracts patrons from as far away an'remecula and San Diego. Some nights, a line of 75 people stretches down Harbor Boulevard. The new ordinance grafts the line to 25 people un- less the business owner can prove that a longer line can be nnanaged. "What do t tell the 26th per- son in line ?" Juarez said. "Nov you can't gel into my place and you're an the streets floating around, and what Is your per. ception of Fullerton? It seems like we're taking 10, 15.50 steps beck On a recent Friday, a few hors before the happy -hour crowd would begin pouring oh' the 57 Freeway and onto Com. monwealth, downtown Fuller- ton didn't look as if it was chat longing Newport Beach and Huntington Beach for orange County's premier nighttime destination. Most of the restaurants and pubs were dead. The Stadium Tavern, a burger Joint that fea- tures a wide variety of mlcro- brews, was lively because It was packed with Cal State Fuller- ton baseball players having a pregame meal. On the patio, Matt DeSa➢e and Lisa WilkJe were having a late lunch, pre- paring for a night of partying. De.Sailc hadn't heard about the new ordinance, but he wasn't surprised that the city was having trouble managing Its downtown. "Isn't Lids the city of Fuller- ton's fault for putting all these bars In this little area?" asked DeSalle, 31. "They have some- thing like 46 bars in a four- block radius and you expect these kinds of problems not to happen?" Wilkie, 36, said she hoped the city wouldni L put loo many imps on business ovners. "Fullerton becatuc a great city when all the night life come," she said. 'People want to be. acre. Besides going to the beach. this is the place to be in Orange Canty. But when YOU bring in the clubs, you', e laing- Ing br a younger audlence, and they rNght not be ready for ill the responsibility that comes with alcohol. " da uld.nrck ibbenCa tal imes.com X61 M F e ?- 'zea .�.x�y' tY-iY i3 .5v7 s .W """ 10 F 9 s r A 7 QC �a f %h .oy September Itr 2009 Planning Commission, City of Newport Beach Planning Department, Building C, 2nd Floor 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposed Amendment to Use Permit No. 1566 Port Restaurant & Bar - 440 Heliotrope Ave, Corona Del Mar Public Hearing - August 20, 2009 at 6:30 p.m., Continued Public Hearing — September 17, 2009 at 6:30 p.m. Dear Planning Commissioners: This letter is submitted in conjunction with my prior letters to you of August 13, 2009 and September 14, 2009. The purpose of this letter is to advise you of the purported "courtesy" test that Chris of JEC proposed. After the last hearing of August 20, 2009, Chris of JEC, proposed to myself and others that he would like to do a "courtesy" sound test from those residences that complained of hearing live music from their second story. l was out of town for ten (10) days and returned Labor Day. Upon return to work on Tuesday, September 8h, Chris had left a message that he would like to conduct the sound test that day. I called him immediately and advised that I had just returned from out of town and would be unable to participate that evening. He said he could continue it to another night and we agreed upon Friday night, September I la'. We agreed that it would be a good night since the Port has larger crowds on Thursday and Friday nights which results in additional noise from the restaurant and patrons. I asked Chris the method he would use to determine how loud to make the DJ music during the test. He stated that he would determine the level of the music and that it would be " loud ". I suggested that it was subjective and he agreed. I commented that what an intoxicated person in their early 20's would feel was "too loud" was certainly different than a man in his early 40's not under the influence of alcohol. Chris called me the afternoon of September I Ooh and stated that the testing could not take place on Friday because it wasn't good for the "other people" involved and he thought it would be on Tuesday the 15"', but it was not finalized. I told him that Tuesday night was not good for me as I work 60 miles away and work late, I have an early morning appointment the next day and my young grandchildren, who live in the same home as I do and have bedrooms on the second floor, would be asleep as they have school the next day. He more or less said it is what it is but, agreed to get back to me as to the exact date. I had not heard back from Chris of JEC as of this Tuesday, September 15`h, the day the "courtesy" sound test was to be performed. Consequently I callshim to inquire of the status. He said it was on for that date and thought he was only to call if it wasn't. I reiterated that I was unable to participate. He also informed me that the police department had just dropped out of the testing. ;0 Planning Commission September 17, 2009 Page 2 As expressed in my prior letters of August 13, 2009 and September 14, 2009,1 have been disturbed by extremely loud amplified music, which 1 could hear and "feel" (the base) from my second story suite, with windows closed and ear plugs in, since 2007. As a result I have had to call the police department numerous times and initiated complaints to code enforcement beginning in March 2008. The concern is, if the level of the live /amplified music (not authorized by the current use permit) from 2007 up until when the Port filed for their current amendment was so loud that it resulted in calls to the police department and complaints to code enforcement, how loud will it now be if their amendment is "granted" and they are allowed to have "live entertainment "? I believe that the purported "courtesy" sound test did take place. If it did, it was subjective and uncontrolled for the reasons indicated above, including the setting of the level of the sound and the lack of police department monitoring. Additionally, it was scheduled at the last minute which resulted in the results not being available to the residents prior to the hearing. If the Planning Commission is inclined to grant the amendment for the "live entertainment" and the extended hours until 1:00 a.m., I request that the residents first have the opportunity to conduct a professional, well monitored, objective sound test in the neighborhood. I thank you again for your attention to this critical matter for the residents of the 400 block of Heliotrope Avenue, the surrounding residential area and the "village" of Corona Del Mar. I again encourage you to follow the "residents first" commitment of the Vision Statement and General Plan of Newport Beach and its "village" of Coma BeE Ma respectfully request that you unanimously deny the above referenced Am ei tgT6— Jse —Per m- 't for the Port Restaurant & Bar, in their entirely. Carol Ann 429 H � trope Avenue rona Del Mar, CA 92645 �,16 November 1, 2009 Re: Port Restaurant Use Permit To Newport Beach City Council, RECEIVED 20 NOV —4 AN & 13 OFFICE OF TFE CITY CLERK CRY OF idRAMRT BEACH I am opposed to the change of Port restaurants Use Permit. I have no problem with the restaurant as it is at this time. The changes that the Port is asking for will create a problem in a quiet residential neighborhood. I moved into this area well aware of the restaurant down the street. It has a use permit that allows it to operate as a restaurant, not a "nightclub ". During the Planning Commission meetings, Port gave the reasons for the requested change. The longer hours were needed to have a second seating for dinner, a more orderly exit after hours, live music to bring in more people and financial reasons. I do not know of any restaurant anywhere, let alone Corona del Mar, that -cannot serve two seating if you open at 5:30. The real reason is Port wants to sell more alcohol which has a higher profit. This will lead to more alcohol related problems. To think that being open later to allow a more orderly exit is naive. More alcohol and the time to drink it will extend the problem into the later hours. Live music and the crowds that it will bring will create more noise for the neighborhood. I am very aware of the financial situation we are all in. Port stated that they pay property tax, as we all do on Heliotrope. The impact on our property values with a Nightclub down the street will far outweigh what Port pays. At the Planning Commission meetings, people in favor of Port getting the change in the Use Permit, gave a variety of reasons. We should not have moved here, I live in CdM and it does not bother me, I live near Landmark and put up with the noise, Port is not a "Nightclub ", I have no problem with parking, and I was at the beach and there was beer bottles and trash by my car. Once again we moved to CdM with the knowledge that a restaurant was down the street with a use permit we had to live with. It is very easy to say it does not bother me when you do not live on the street and have to deal with it 7 days a week. Landmark has a Use Permit; we do not want the same on a quiet residential street. Port has a petition drive that people sign who do not live on our quiet street. It is naive to think they would not have a problem if it was on their street. Port, at this time is not a "Nightclub ", but that is what they are asking for. Port has made no attempt to get their patrons to park in the parking lot. I can sit on my patio and watch people park and walk to Port. I can see the parking lot and it is not full. This is not the beach, it is far from it. This is not a rental or party neighborhood. It is a quiet residential street. I can drive down PCH at 11:00 PM and pass several restaurants that are closed, yet as I turn down my street there are people waiting to get into Port or mingling around outside. Of course, the street is full of cars. It will be empty after Port closes. Why would we want to add more noise on a quiet residential street when we do not have it on PCH? AFFIDAVIT OF POSTING On X12 i , 2009, I posted the Notice of Public Hearing regarding: PORT RESTAURANT AND BAR Date of Hearing: November 10, 2009 CITY OF NEWPORT BEACH RECEIVED BY DA 440 Heliotrope Avenue, Corona del Mar, CA 92625 Tel: (949) 723 -9685 Fax: (949) 723 -9687 Web: www.portcdm.com September 30, 2009 VIA E -MAIL AND U.S. MAIL Leilani 1. Brown City Clerk City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 SEP 302009 OFFICE OF THE RE: Appeal of Amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009 -003 Dear Madam City Clerk Brown: Pursuant to the provisions of Chapter 20.95 of the Newport Beach Municipal Code, as the applicant, I am hereby filing this appeal of the September 17, 2009 decision of the Newport Beach Planning Commission denying Amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009 -003. The grounds for this appeal are based upon, among other things, the need to clarify and correct the evidence and testimony offered at the Planning Commission which prejudiced the hearing. Enclosed is my check for $1,550 constituting the fee for filing this appeal. Very truly yours, Ali H. Zadeh cc: Mayor Ed Selich David Hunt, City Attorney David Lepo, Planning Director 1.Zr APPEA L T PLA N, N C OomM�SS, k644 440 Heliotrope Avenue, Corona del Mar, CA 92625 Tel: (949) 723 -9685 Fax: (949) 723 -9687 Web: www.portcdm.com M September 30, 2009 A m VIA E -MAIL AND U.S. MAIL z�q w c 0 M Leilani 1. Brown City Clerk M City of Newport Beach s� N M 3300 Newport Blvd. c Newport Beach, CA 92663 RE: Appeal of Amendment to Use Permit No 1566 and Off -Site Parking Agreement No OP2009 -003 Dear Madam City Clerk Brown: Pursuant to the provisions of Chapter 20.95 of the Newport Beach Municipal Code, as the applicant, I am hereby filing this appeal of the September 17, 2009 decision of the Newport Beach Planning Commission denying Amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009 -003. The grounds for this appeal are based upon, among other things, the need to clarify and correct the evidence and testimony offered at the Planning Commission which prejudiced the hearing. Enclosed is my check for $1,550 constituting the fee for filing this appeal. Very truly yours, Ali H. Zadeh cc: Mayor Ed Selich David Hunt, City Attorney David Lepo, Planning Director THE PORT 440 HELIOTROPE AVE CORONA DEL MAR, CA 92625 DATE q,-2�0°► 164611220 2756 $$���ju- Q � S 3° _'�i -AR a e �S t BankofAmerica Mmket Ple ��. 18844 Jsmbome Rd Irvine CA 714.683.4470 FOR Aj 0002965n• ri2200066iI: 27569eel44909um i a I • I CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES U Z 3300 NEWPORT BLVD.. P.O. BOX 1768, NEWPORT BEACH, CA 9765 &8915 RECEIVED BY: PERRY2 TODAY'S DATE: 09/30/09 27005000 ZONING & SUBDIVISION F CASH PAID CHECK $.00 $1,5 a. 9' CASH RECEIPT RECEIPT NUMBER: 02000141523 PAYOR: THE PORT THEATRE REGISTER DATE: 10/01/09 TIME: 16:12:48 THE PORT $1,550.00 --------------- - TOTAL DUE: $1,550.00 �x TENDERED CHANGE 985 _'' - 0 $1,550.00 $.00 ..fig' Z.5 � 2 Ia "RECEIVE AFTER AG NOA PRINTED:" 1 -1 a November 5, 2009 VIA E -MAIL Mayor Ed Selich and Members of the City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Amendment to Use Permit No 1566 (Agenda Item No 16) Dear Mayor Selich and Members of the City Council: DDMIS D. OWEIL JAY F. PAI.CHIKOFF PAUL A. RowE WILLIAM L. tWoMEY JOHN P. YEAOER On behalf of Ali Zadeh, the applicant/appellant for an amendment to Use Permit No. 1566, I am providing the following conditions for the City Council's consideration. 1. Change in Hours of Operation. The applicant/appellant is proposing the following schedule for closing times from the current daily 12:00 am.: Sunday — Tuesday 11:00 P.M. Wednesday 12:00 am. Thursday — Saturday 1:00 a.m. 2. Security/Parking Personnel. The applicant/appellant shall provide security service with personnel assigned to the off -site parking lot on Thursday, Friday and Saturday evenings during the hours of 10:00 p.m. through 15 minutes after closing to control and facilitate patrons leaving the area in a quiet manner to secure the neighborhood. Additional lighting on the parking lot will be provided and signs will be posted notifying patrons to park in the off -site lot and to respect the peace and quiet of the residential area. 3. Food Service. The primary use of the premises as shown on the revised floor plan shall remain an eating and drinking (restaurant) establishment as defined in Section 20.05.050.K of the Newport Beach Municipal Code. Food service shall be available for ordering at all times that the restaurant is open for business up until one -half hour before closing. The operational character of the use shall not be changed to a bar, tavern, cabaret, nightclub, 11/5/09 101912 HdG: #78707 vI OINEIL LLP ATTORNEYS AT I.AW DEAN DUNK -RANK# SANDRA A. GALLE 19900 MACARTHUR BomEYARD, SUITE 1050 WILLIAM E. HALLE 1RVR4E, CALIFORNIA 92612 ANDREW K. HARTzELL (949) 798-0500 • (949) 798-0511 (FAX) LAwRENcE J. Mum EMAIL: mmw1@md -Op.o JOHN D. HUDSON WRITER'S DIRECT DIAL' (919) 79!-0734 EMAIL: dm l&nd -Npoom November 5, 2009 VIA E -MAIL Mayor Ed Selich and Members of the City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Amendment to Use Permit No 1566 (Agenda Item No 16) Dear Mayor Selich and Members of the City Council: DDMIS D. OWEIL JAY F. PAI.CHIKOFF PAUL A. RowE WILLIAM L. tWoMEY JOHN P. YEAOER On behalf of Ali Zadeh, the applicant/appellant for an amendment to Use Permit No. 1566, I am providing the following conditions for the City Council's consideration. 1. Change in Hours of Operation. The applicant/appellant is proposing the following schedule for closing times from the current daily 12:00 am.: Sunday — Tuesday 11:00 P.M. Wednesday 12:00 am. Thursday — Saturday 1:00 a.m. 2. Security/Parking Personnel. The applicant/appellant shall provide security service with personnel assigned to the off -site parking lot on Thursday, Friday and Saturday evenings during the hours of 10:00 p.m. through 15 minutes after closing to control and facilitate patrons leaving the area in a quiet manner to secure the neighborhood. Additional lighting on the parking lot will be provided and signs will be posted notifying patrons to park in the off -site lot and to respect the peace and quiet of the residential area. 3. Food Service. The primary use of the premises as shown on the revised floor plan shall remain an eating and drinking (restaurant) establishment as defined in Section 20.05.050.K of the Newport Beach Municipal Code. Food service shall be available for ordering at all times that the restaurant is open for business up until one -half hour before closing. The operational character of the use shall not be changed to a bar, tavern, cabaret, nightclub, 11/5/09 101912 HdG: #78707 vI Mayor Ed Selich and Members of the City Council November 5, 2009 Page 2 cocktail lounge or commercial recreational entertainment venue as a primary use and shall not be an authorized use pursuant to this use permit. 4. Live Entertainment. Live entertainment shall be limited to no more than two performers and one musical instrument. Music selections by a DI may be part of the live entertainment on a limited basis. Live entertainment will cease one hour prior to the closing of the restaurant to accommodate concerns of the neighborhood. 5. Noise. The applicant/appellant shall be responsible for the control of noise from the restaurant, including, but not limited to, noise originating from patrons, food service operations, and mechanical equipment. Acoustical tiles shall be installed to the interior walls and ceilings of the live entertainment area. A second entrance door to eliminate dissemination of interior noise caused by patrons entering and exiting the restaurant shall be installed. All noise generated by the Port Restaurant shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. Dennis D. O Neil DDO /clt cc: Ali Zadeh 11/5/09 10191.2 " RECEIV AHER1' AGEIaDA 440 Heliotrope Avenue, Corona del Mar, CA 92626 Tel: (949) 72 3-9686 Fax: (949) 728 -9687 Web: tnww.taortodm.00m November 6, 2009 Leilam 1. Brown City Clerk City of Newport Beach 3300 Newport Blvd. Newmn BeacL CA 92663 Dear Madam City Clerk Brown: Please find attached copies of comments of some immedime residents to the allegations mised against Port Restaurant as well as some letters of support to be included in the packet for the upcoming City C00061 meeting. Also enclosed is a copy of our invitation to our Open House meeting that will be held on I 1 -9, the night before the council meeting to clear any midings and explaining our plans to all concerned parties. Vas truly youm " : Z rn Ali H. Zadeh ; cc: Jaime Murrillo, Planning Department -411 rJ m i p ri Dennis O'Neil i w Monday November 9th. 2008 - 8:80 p.m. Dear Neighbor. We would Uke to Invite you and other neighbors to attend a community meeting to gain a better understanding of our request for amending our use permit. 1) Extension of Hours of Operation to Include weekend lunches and a later closing hour for later dining and gradual and orderly exit of clients. (with addition of signs advising parking and additional personnel to ensure peace) 2) Limited and Responsible Offering of Uve Entertainment with No Dancing. Over the past months, due to uncertainty behind Port theatre plans 3 misleading our intantions has prompted us to hold an Open House meeting the day before our City Council meeting to share our vision and plans and also receive valuable input from the residents and other Interested parties. Our goal is to provide a prestigious establishment to anir fine dining with responsible offevIs of alcoholic beverages along with artistfa background music In a manner that will be respectful and least Impactful to the neighbors. 4W THIS INVITION WENT TO ALL RESID&M OF AIN and SLID !locks of HWOTWM GOLDENROD. IRIS and some trrrttsdale residents an Second Street. have been appealed )ur permit does not cohibit entertainment nd multiple noise tudies have shown we re well below city toise ordinance levels hu Application hould be treated ndependenlof Bans for the Pon lleame. ix City of dewport Beach is mrking with heir ownership to stabhsh a plan or their business. ,ort Restaurant Vishes to Ontlnue lass exparie= or all of as vests by being We to solve food ite, open for mckend hinches nd provide live otaadnemt in a aodest and rtistie mummer. alse accusation: We made it clear that cing Was Never Part of our Plan on peated basis before this petition but me one wants to keep using it!!! i Current Permit is 12AM r To as Nngoa 1Isa1� Ezd t40bhbmW% � amTfm ton amrma! all or a ats udd nioamYM sea to natoaray fasanom f r awad yan -11a owsa W. Aa i;Zo**, M daft" oak far a arras of do 0=4 a y atria IM Mnbx mat. 11r adA mi rats km I 1 M woo. W tom a maaimma wit♦ i n% Wkk W laitl i m mar last ar aaq� 40 ia am M prtr f m0 de /sa r�i w�Rd 7 o 10 prfti ar tt sr� rra� An Ma •M1b m� amm Moo ad r GV s• Cant IN asmads dr tM Tlrnr *M m+rms j ma bF Memwmd in mobs as po as hairy PiK germ sa amy PW Doug tan Mw *mid waif, a y nomad loom vonm mar em a r amok a� f N 6" we win dw 0%emmq a sa immd / 1!r apwdi� asm LlCtita F410 am ttim4 m a s. ramrod wa=55r" wet oily ski rammerpsOb amt mNa staYy d sat is oar arms 0m mad w P .1 =1< MW 0atim taco db7 amlii aarplmir aaur to nrm fwd Tsar Amt to adz ab smtlom lit latmr Andy Amin a soma rimes f6reammomm, 1� man ad1 am aaaid a■ OD m 100 diWa sat�m. sdl Van • rdlat r 0msrr am omaoaey ifs aemdra of ssadlmr, dlmari asaiaem smM eqs a<alaofai, ra r ask, M s/iiy, drm 1sw swady ram d"ram" WE ary ivaam a igo n/dly. Ad qm se 64 b IymOOa sa 6m1 amtnom" par11 do, ramk now mittmasram1 1^Andgiu M466arlag+ aarammtmL Ldaaoimai/tttsmAasm smi�samaWw/rslmmrsaaadas W" 1111011011 amooiwmft as ealom M Jon GtOmeo 4d Mme. Mat am AMOK am an mgr ymai0, MV lhdifto 100 pmt 24M h otdthq dr auimm isMaa ass a" boo wpriarmdMbftadIna ban asidtlamiwaaomam .1 swwemon. t IL . _' .: don't have ricers. We have onnel outside inding people u y quiet when sidating Port and xe is to evidence back any of these ioav listed. These Iy have happened the past nbiishme nts but rt doesn't allow iy wisbehavior! Please bring year completed farm back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949- 723 -9587 - Should you have any quesdooa, feel free to ask us! rover Jiutwd to Dr.aDy laws. We t weekend lunch doe lad anend Iilpl.tiime by one r and have II wel pmsent at poking lea so the at loeft in an taffy fashion and dtnin hnpea to ddwdx od. If we M we as Of kaing ople at as 61 am me Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you visit Port? Once a Month ❑ Once a Week ❑ Twice a Week ❑ More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 ❑ 26 to 29 X 30 to 40 ❑ 40 to 50 3) Have you ever witnessed any of the follooing'!F� Your visit to -PO t? Fights or fistfights in Port and outside of Port People vomiting or urinating in public People having sex in cars and discarded condoms in the area Anyone walking out of the Port with their beverage Port offering any beverages in plastic cups Music being so loud to be nuisance to the area Traffic or parking issues 4) How do you get to Port? Walk O brive - "��ti i YES NO ❑ X ❑ V ❑ X ❑ X 0 wits Friends NAME: _sTe'FF RA'TL / /PC EMAIL: T F0 0C 6Ti *414.W o T2vPE' SIGNATURE: DATE: I! - - Of Pkaw bring your completed form beck to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fiat the form to 949- 723 -9687 — Should you have any questions, feel See to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. Have you ever witnessed any of the followings at Port or resulting from Port? Fights or fistfights in Pon and outside of Port People vomiting or urinating in public People having sex in cars and discarded condoms in the area Anyone wallting out of the Port with their beverage Port offering any beverages in plastic cups Music being so loud to be nuisance to the area YES NO Don't Know ❑ ❑ ❑ er, ❑ ❑ V ❑ ❑ Erl❑ ❑ 1� Iwdr- I Avid ha.w. rte IS ** Ar-A y U-1-4 +-C SIGNATURE: Would yoU tine to be a part of a group to discuss your parking issues with the city of Newport independem of our application? ❑ YES B� NO Please bang your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949 -723- 9687 — Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you visit Port? ❑ Once a Month ❑ Once a Week 19 Twice a Week ❑ More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 ❑ 26 to 29 l9 30 to 40 ❑ 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? YES NO Fights or fistfights in Port and outside of Pon ❑ People vomiting or urinating in public ❑ People having sex in can and discarded condoms in the area ❑ Anyone walking out of the Port with their beverage Cl Port offering any beverages in plastic cups ❑ Music being so loud to be nuisance to the area ❑ Traffic or parking issues ❑ C7 4) How do you get to Port? ti Walk ❑ Drive ❑ Taxi ❑ with Friends NAME: t _i44jj - -T�igz EMAIL: 14maAse, SIGNAIUR Please bong yiym' Meted farm bads to Part or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fmc the form to 949 - 723-9687 - Should you have my questions, feel fix to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. Have you ever witnessed any of the followings at Port or resulting from Port? YES NO Don't Know Fights or fistfights in Port and outside of Pon ❑ Pk ❑ People vomiting or urinating in public ❑ ( ❑ People having sex in cars and discarded condoms in the area ❑` ❑ Anyone waUdng out of the Port with their beverage ❑ ❑ Port offering any beverages in plastic cups ❑ ❑ Music being so laud to be nuisance to the area ❑ ❑ Xr 4TI, : [ NAME: ADDRESS: SIGNATURE: EMAIL: Would you lice to be a part of a group to discuss your parking issum with the city of Newport indepardem of our application? YES ❑ NO Please bring your cottspletod form back to Port or Mail to 440 Hdiotrgte Ave, CDM, CA 92625 You can also fax the form to 949- 72344 — Should you have any queadoas, fed free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Pon Restaurant located at 440 Heliotrope in Corona del Mar, CA. Have you ever witnessed any of the followings at Port or resulting from Port? YES NO Don't Know Fights or fistfights in Port and outside of Port ❑ ❑ People vomiting or urinating in public ❑ ❑ People having sex in cars and discarded condoms in the area ❑ ❑ Anyone walking out of the Port with their beverage ❑ ❑ Port offering any beverages in plastic cups ❑ 13�, ❑ Music being so loud to be nuisance to the area ❑ -1�, ❑ Additional Comments: (o1v ill l`x:- a (Y':IY1 fL r'r1 l'; CY' tYir" C[1 IlC4Lt' T f �'.(� , . " }1 1`LY 5h' e1 [ir11 1`lv�f ( c 2U i lz'l tXt'iL�.t'niPt1 .'11'•J ��iL- 1:.111'.ill ?��'`l'11, �'.(Cr`.i '�[�`v.rll ✓:.1'�. NAME: �1Y1t1i Y �.'� ! C 'z Y� EMAIL: Ylw 4111<l ILI - ADDRESS: i1 �tc1,;:, r s' *'1' . l c� Y Ir I lx I SIGNATURE: ��' DATE: DTI �1 G I Would you like to be a part of a group to discuss your parking issues with the city of Newport independent of our application? ❑ YES NO Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM. CA 92625 You can also fax the form to 949 -723 -9687 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA. Have you ever witnessed any of the followings at Port or resulting from Port'? YES NO Don't Know Fights or frstfrghts in Port and outside of Port ❑ Ens ❑ People vomiting or urinating in public ❑ ,,�3�. ❑ People having sex in cars and discarded condoms in the area ❑ ❑ Anyone walking out of the Port with their beverage ❑ ❑ Port offering any beverages in plastic cups ❑ ❑ Music being so loud to be nuisance to the area ❑ ❑ Additional Comments: NAME a I I of oc EMAIL: ✓P-- ce�fty c f �� ADDRESS5I I0LQ0V'ea( f ,- i-(,A0 SIGNATURE: (/_] DATE: � Mtel- jt ft711- Would you like to be a part of a group to discuss your parking issues with the city of Newport independent of our application? ❑ YES NO Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625 You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. Have you ever witnessed any of the followings at Port or resulting from Port? Fights or fistfights in Port and outside of Port People vomiting or urinating in public People having sex in cars and discarded condoms in the area Anyone walking out of the Port with their beverage Port offering any beverages in plastic cups Music being so loud to be nuisance to the area Additional Comments: NAME ADDRESS: SIGNATURE: YES NO Don't Know ❑ '�< ❑ 1<' I` EMAIL.: v "NI" S �c 09 Q Ul0 I , e- 17 DATE: I 1 2'2 Would you like to be a part of a group to discuss your parking issues with the city of Newport independent of our application? / ❑ YES [ NO Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949 - 723 -9687 — Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. Have you ever witnessed any of the followings at Port or resulting from Port? YES NO Don't Kno% Fights or fistfights in Port and outside of Port ❑ ❑ People vomiting or urinating in public ❑ ❑ People having sex in cars and discarded condoms in the area ❑ 15` ❑ Anyone walking out of the Port with their beverage ❑ ❑ Port offering any beverages in plastic cups ❑ ❑ Music being so loud to be nuisance to the area ❑ ❑ Additional Comments: NAME: 1 'fwnl /vim V/ /ti EMAIL: ADDRESS: SIGNATURE: TE: Would you like to be a part of a group to discuss your parking issues with the city of Newport independent of our application? ❑ YES �9 6 Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM, CA 92625 You can also fax the form to 949 -723 -9687 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. Have you ever witnessed any of the followings at Port or resulting from Port? Fights or fistfights in Port and outside of Port People vomiting or urinating in public People having sex in cars and discarded condoms in the area Anyone walking out of the Port with their beverage Port offering any beverages in plastic cups Music being so loud to be nuisance to the area Additional Comments: NAME GADDRESS: � �� I 1 L G 1 (r41r SIGNATURE/ � ^ EMAIL: DATE: YES NO Dun't Know ❑ W ❑ ❑ cx' ❑ ❑ a( ❑ ❑ IX ❑ ❑ tff ❑ ❑ 0 ❑ Would you like to be a part of a group to discuss your parking issues with the city of Newport independent of our application? I( YES O NO Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625 You can also fax the form to 949 - 723 -9687 — Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. Have you ever witnessed any of the followings at Port or resulting from Port'? Fights or fistfights in Pon and outside of Port People vomiting or urinating in public People having sex in cars and discarded condoms in the area Anyone walking out of the Port with their beverage Port offering any beverages in plastic cups Music being so loud to be nuisance to the area Additional Comments: YES NO Don't Know ❑ ❑ ❑ ❑ o ❑ ❑ ❑ ❑ O O ❑ NAME: ADDRESS: SIGNAT J EMAIL: r -t� / J S DATE: 1 /2Y /U! Would you like to be a part of a group to discuss your parking issues with the city of Newport independent of our application? ❑ YF.S NO Please bring your completed form back to Pon or Mail to 440 Heliotrope Ave. CDM. CA 92625 You can also fax the form to 949 - 723 -9687 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. Have you ever witnessed any of the followings at Port or resulting from Port? Fights or fistfights in Pon and outside of Port People vomiting or urinating in public People having sex in cars and discarded condoms in the area Anyone walking out of the Port with their beverage Port offering any beverages in plastic cups Music being so loud to be nuisance to the area Additional Comments: NAME: p&ol-, �,-- L9--" d EMAIL ADDRESS: SIGNATURE: l YES ❑ NO Don't Know ❑ s3 ❑ &f ❑ ❑ ❑ ❑ ❑ ❑ Er ❑ ❑ e ❑ CL j0Aevji✓l1a4�_e l.e ��C. ✓yam DATE: %- 7 d- u of Would you like to be a part of a group to discuss your parking issues with the city of Newport independent of our application? YES ❑ NO Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625 You can also fax the form to 949- 723 -9697 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you visit Port? ❑ Once a Month ❑ Once a Week ❑ Twice a Weele 10itirtthan Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 ❑ 26 to 29 ❑ 30 to 40-dt) to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? YES NO Fights or fistfights in Port and outside of Port ❑ 1-001'— People vomiting or urinating in public ❑ —$`— People having sex in can and discarded condoms in the area ❑ Anyone walking out of the Port with their beverage ❑ �r Port offering any beverages in plastic cups ❑ 43�20� Music being so loud to be nuisance to the area ❑ Traffic or parking issues ❑ 4) How do you get to Port? Walk ❑ Drive ❑ 'maxi ❑ with Friends Additional Comments: NAME: ADDRESS: �L(i� e C0041 t EMAIL: ti- i`-I r � (-(S IWAI Y C FYI SIGNATURE: �� DATE: Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625 You can also fax the form to 949 - 723 -9687 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA. 1) How frequently you visit Port? ❑ Once a Month ❑ Once a Week ❑ Twice a Week R More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 ❑ 26 to 29 e,& 30 to 40 JN> 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? YES NO Fights or fistfrghts in Port and outside of Port ❑ �' People vomiting or urinating in public ❑ People having sex in cars and discarded condoms in the area ❑ Anyone walking out of the Port with their beverage ❑ Port offering any beverages in plastic cups ❑ Music being so loud to be nuisance to the area ❑ 91 Traffic or panting issues ❑ 4) How do you get to Port? fig Walk t2 Drive ❑ Taxi ❑ with Friends Additional Comments: f Lr 15 AN 1'16K � Tb rrg6;; C OYYIM UMT'Y � AIO mty NEIHlrgyvs- w" I NAME: ADDRESS: I SIGNATURE: DATE: 01 :2(�- 0q Please bring your completed form back toi`elrt or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us! ( L- no' Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you visit Port? ❑ Once a Month ❑ Once a Week ❑ Twice a Week �I More than Twice a Week 2) Checkmark the age groups that you see in Port? ' ❑ 21 to 25 26 to 29 ❑ 30 to 40 ❑ 40 to 50 3) Have you ever witnessed y of the followings throughout your visit to Port? NAME: iic% A g-AO,4 _ EMAIL: 1�124'V . nraits0/140 V36. ca'vl ADDRESS: cams CS� cogs kydl/� SIGNATURE: A,:, — DATE: Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the tbrm to 949 - 723 -9687 - Should you have any questions, feel free to ask us! YES NO Fights or fistfights in Port and outside of Port ❑ People vomiting or urinating in public ❑ People having sex in cats and discarded condoms in the area ❑ Anyone walking out of the Port with their beverage ❑ Port offering any beverages in plastic cups ❑ Music being so loud to be nuisance to the area ❑ Traffic or parking issues ❑ 4) How do you get to Port? Walk ❑ Drive ❑ Taxi /dditional ❑ with Friends Ad Comments: NAME: iic% A g-AO,4 _ EMAIL: 1�124'V . nraits0/140 V36. ca'vl ADDRESS: cams CS� cogs kydl/� SIGNATURE: A,:, — DATE: Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the tbrm to 949 - 723 -9687 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA. Have you ever witnessed any of the followings at Port or resulting from Port? Fights or fistfights in Port and outside of Port People vomiting or urinating in public People having sex in cars and discarded condoms in the area Anyone walking out of the Port with their beverage Port offering any beverages in plastic cups Music being so loud to be nuisance to the area Additional Comments: NAME: / �7, EMAIL: ADDRESS: , SIGNA DATE: YES NO Don't Know ■ U ■ ■ 1S ■ ❑ m' ❑ ❑ ❑ m,-' Would you like to be a part of a group to discuss your parking issues with the city of Newport independent of our application? ❑ YES L • Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625 You can also fax the form to 949- 723 -9687 — Should you have any questions. feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA. Have you ever witnessed any of the followings at Port or resulting from Port? YES NO Don't Know Fights or fistfights in Port and outside of Port ❑ Q ❑ People vomiting or urinating in public ❑ ADDRESS: ❑ People having sex in cars and discarded condoms in the area ❑ V e t7P ❑ Anyone walking out of the Port with their beverage ❑ ❑ Port offering any beverages in plastic cups ❑ ❑ Music being so loud to be nuisance to the area ❑ ❑ Additional Comments: NAME: �tQ,p �1Q� c l� Q ry�r. EMAIL: ADDRESS: % �o I nJ V e t7P A ,,a, SIGNATURE: ' DATE: —c;D d — t�- Would you like to be a part of a group to discuss your parking issues with the city of Newport independent of our application? ❑ YES ❑ NO Please bring your completed farm back to Port or Mail to 440 Heliotrope Ave, CDM. CA 92625 You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you visit Port? ❑ Once a Month 71 Once a Week ❑ Twice a Week ❑ More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 ❑ 26 to 29 ❑ 30 to 40 X 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? 4) How do you get to Port? i( Walk ❑ Drive ❑ Taxi ❑ with Friends Additional Comments: YES NO Fights or fistfights in Port and outside of Port ❑ T` People vomiting or urinating in public ❑ People having sex in cars and discarded condoms in the area ❑i Anyone walking out of the Port with their beverage ❑ Pon offering any beverages in plastic cups ❑ Music being so loud to be nuisance to the area ❑ Traffic or parking issues ❑ 4) How do you get to Port? i( Walk ❑ Drive ❑ Taxi ❑ with Friends Additional Comments: -T-His L oel -1At, z `JT7 ur�� \fi- [-, �� I /N ::> . 1- T\,yr('Wr\ I 1 ea ch e'Y\ vt- Of_? A 142 -r-f--< --:' �-/ V GP U �]fr5 r 2 tJ �Tr t T- v-'0 Ff �✓l /�� 4 b�Br� �4 �� %ec• -� F-C..� u�►�rt� v� 7.(� . NAME: ��� h j�-d V S EMAIL: k, 11 ) l u >)'1 L�4 "1,6", ADDRESS: CO ] A Cv�v) n 7x x-r l L— AV�DU SIGNATURE: n DATE: 11 Z1D� Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the forth to 949 - 723 -9697 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you visit Port? ❑ Once a Month ❑ Once a Week ❑ Twice a Week ❑ More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 ❑ 26 to 29 ❑ 30 to 40 P( 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? Traffic or parking issues ❑ �0� 4) How do you get to Port? Walk ❑ Drive ❑ Taxi ❑with Friends Additional Comments:�� NAME: �+ •� �a c EMAIL:Q ADDRESS: i ?I- SIGNATURE :. Z2 DATE: Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625 You can also fax the form to 949 - 723 -%87 — Should you have any questions, feel free to ask us! YES NO Fights or fistftghts in Port and outside of Port ❑ la People vomiting or urinating in public ❑ People having sex in cars and discarded condoms in the area ❑ Anyone walking out of the Port with their beverage ❑ Port offering any beverages in plastic cups ❑ Music being so loud to be nuisance to the area ❑ Traffic or parking issues ❑ �0� 4) How do you get to Port? Walk ❑ Drive ❑ Taxi ❑with Friends Additional Comments:�� NAME: �+ •� �a c EMAIL:Q ADDRESS: i ?I- SIGNATURE :. Z2 DATE: Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625 You can also fax the form to 949 - 723 -%87 — Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you visit Pon? ❑ Once a Month ❑ Once a Week ❑ Twice a Week C More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 m 26 to 29 I3' 30 to 40 El 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? YES NO Fights or fistfights in Port and outside of Pon ❑ E People vomiting or urinating in public ❑ People having sex in cars and discarded condoms in the area ❑ ff/ _/ Anyone walking out of the Port with their beverage ❑ E� Port offering any beverages in plastic cups ❑ Music being so loud to be nuisance to the area ❑�/ Traffic issues or parking ❑ [� 4) How do you get to Port? U Walk ❑ Drive ❑ Taxi ❑ with Friends Additional Comments: z� l lc.c -. ,. < / � r r /tai .t•v ✓L� ,/ f NAIVE: /Y� -�� i EMAIL: 1 _aC' sr L : ADDRESS: SIGNATURE: r.y . ! C t" / DATE: J Plc= bring your completid form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949- 723 -9687 — Should you have any questions, feel free to ask us! <_i Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you visit Port'? AOnce a Month ❑ Once a Week ❑ Twice a Week ❑ More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 g 26 to 29 'K 30 to 40 Rr 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? YES NO Fights or fistfights in Port and outside of Port ❑ People vomiting or urinating in public ❑ People having sex in cars and discarded condoms in the area ❑ Anyone walking out of the Port with their beverage ❑ Port offering any beverages in plastic cups ❑ 0 Music being so loud to be nuisance to the area ❑ Traffic or parking issues ❑ 4) How do you get to Port? .19 Walk 4 Drive ❑ Taxi 0 with Friends Additional Comments: NAME: ��c l EMAIL: I�1p�C�y1' LC ADDRESS :: li -O t CY &YIA C _ SIGNAT DATE: j'�I I d r Please bring your your completed forth b&ck.to ➢port or Mail to 440 Heliotrope Ave. CDM, CA 92625 You can also fax the form to 949- 723 -9687 — Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. l) How frequently you visit Port? ❑ Once a Month ❑ Once a Week ❑ Twice a Week a More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 ❑ 26 to 29 8l 30 to 40 ❑ 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? YES NO Fights or ftstfights in Port and outside of Port ❑ People vomiting or urinating in public ❑ , People having sex in cars and discarded condoms in the area ❑ J� Anyone walking out of the Port with their beverage ❑ Port offering any beverages in plastic cups ❑ III Music being so loud to be nuisance to the area ❑ !'r Traffic or parking issues ❑ 4) How do you get to Port? Or Walk oR B Drive ❑ Taxi ❑ with Friends Additional Comments: NAME: _ ie(Q .me CCUCArtP.f- EMAIL:.I?�(,,.i,t�omr(9�p.h�e (r�M ADDRESS: 2 S64 S3ut\ISA 1 P1. i:�2 S" SIGNATURE: t DATE: / 7 /Q q Please bring your co o Pots or Mail to 440 Heliotrope Ave. CDM. CA 92625 You can also fax the form to 949 - 723 -9687 — Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you visit Port? ❑ Once a Month ❑ Once a Week ❑ 2) Checkmark the age groups that you see in Port? Twice a Week U� More than Twice a Week 0 21 to 25 m 26 to 29 d 30 to 40 d 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? NAME: jE FF !&tK.c l+ EMAIL: J P' UFG hC') k) I /t �'zW ADDRESS: C DM CA c) Z-s SIGNATURE: DATE:_ I D/%1 Cq Please bring your eted form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625 You can also fax the form to 949 -723 -9687 — Should you have any questions, feel free to ask us! YES NO Fights or fistfights in Port and outside of Port ❑ People vomiting or urinating in public ❑ People having sex in cars and discarded condoms in the area ❑ U( Anyone walking out of the Port with their beverage ❑ Port offering any beverages in plastic cups ❑ 1� fd Music being so loud to be nuisance to the area ❑ 01" Traffic or parking issues ❑ l 4) How do you get to Port? 1 YJ Walk la Drive ❑ Taxi ❑ with Friends Additional Comments: IYIr-- � �_I E IT +I- NAME: jE FF !&tK.c l+ EMAIL: J P' UFG hC') k) I /t �'zW ADDRESS: C DM CA c) Z-s SIGNATURE: DATE:_ I D/%1 Cq Please bring your eted form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625 You can also fax the form to 949 -723 -9687 — Should you have any questions, feel free to ask us! Newport Beach City Officials: Below ytw can find some information in reference to the petition of the reverse side signed by some n#hbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA. 1) How frequently you visit Port? Once a Month ❑ Once a Week ❑ Twice a Week ❑ More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 ❑ 26 to 29 K 30 to 40 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? YES NO Fights or fisA*ft'in Port and outside of Pon ❑ All People vomiting or urinating in public ❑ 9( People having sex in cars and discarded condoms in the area ❑ A Anyone walking out of the Port with their beverage ❑ A Port offering any beverages in plastic cups ❑ Music being so loud to be nuisance to the area ❑ 18( Traffic or parking issues ❑ ,id 4) How do you get to Port? ❑ Walk Drive ❑ Taxi ❑ with Friends Additional Comments: NAME: EMAIL: r1kiGT -4(g'6 lw ADDRESS: �61yC{ �iL'iitL �l i:� C4>V\ SIGNATURE: DATE: I C '�g"G c Please bring your completed form back to Pon or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949 - 723 -9687 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you visit Port? F, Once a Month ❑ Once a Week ❑ Twice a Week ❑ More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 (b 26 to 29 ❑ 30 to 40 ❑ 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? Music being so loud to be nuisance to the area ❑ �( Traffic or parking issues ❑ 4) How do you get to Port? ❑ Walk ❑ Drive ❑ Taxi with Friends Additional Comments: (P� �lkt,L NAME: V ;,k SWA"- EMAIL: ADDRESS: SIGNATURE: Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us! V YES NO Fights or fistfights in Port and outside of Pon ❑ �( People vomiting or urinating in public ❑ People having sex in cars and discarded condoms in the area ❑ Anyone walking out of the Pon with their beverage ❑ Pon offering any beverages in plastic cups ❑ �( Music being so loud to be nuisance to the area ❑ �( Traffic or parking issues ❑ 4) How do you get to Port? ❑ Walk ❑ Drive ❑ Taxi with Friends Additional Comments: (P� �lkt,L NAME: V ;,k SWA"- EMAIL: ADDRESS: SIGNATURE: Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us! V Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA. l) How frequently you visit Port? b Once a Month 43""' Once a Week ❑ Twice a Week ❑ More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 26 to 29 ❑ 30 to 40 ❑ 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? YES Fights or fistfights in Port and outside of Port ❑ People vomiting or urinating in public People having sex in cars and discarded condoms in the area Anyone walking out of the Port with their beverage Pon offering any beverages in plastic cups Music being so loud to be nuisance to the area Traffic or parking issues 4) How do you get to Port? (!-Walk ti---Drive 6— Taxi Additional Comments: I`>l nll-6 / '; /% %Gc' ❑ t• L • 0;--�with Friends 1 �i1 NAME: EMAIL: ADDRESS: 1 % � � 'Z. /C�f(,1 C. ^ 2S� SIGNATURE: DATE: �1 2�� 01) Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you vi -sits Pori? l ❑ Once a Month 9:�- Once a Week ❑ Twice a Week ❑ More than Twice a week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 ❑ 26 to 29 ILI 30 to 40 ❑ 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? 4) How do you get to Port? Walk Additional Comments: °- v"1 I "VI -t D . VY-) 4'c v —* Drive ❑ Taxi ❑ with Friends NAME: � -V5 v - � 1 �' Q �l EMAIL: 1 '11 l(, 'Mkt4` - j ADDRESS: SIGNATU 'TE: CV12 Please bring your completed form back to Pon or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949 - 723 -9687 - Should you have any questions, feel free to ask us! YES NO Fights or fistfights in Port and outside of Port ❑ People vomiting or urinating in public ❑ People having sex in cars and discarded condoms in the area ❑ Anyone walking out of the Port with their beverage ❑ Port offering any beverages in plastic cups ❑ Music being so loud to be nuisance to the area ❑ Traffic or parking issues ❑ 4) How do you get to Port? Walk Additional Comments: °- v"1 I "VI -t D . VY-) 4'c v —* Drive ❑ Taxi ❑ with Friends NAME: � -V5 v - � 1 �' Q �l EMAIL: 1 '11 l(, 'Mkt4` - j ADDRESS: SIGNATU 'TE: CV12 Please bring your completed form back to Pon or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949 - 723 -9687 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA. t) How frequently you visit Port? ❑ Once a Month ❑ Once a Week ❑ Twice a Week More than Twice a Week 2) Checkmark the age groups that you see in Port? (�i 21 to 25 . 26 to 29 �< 30 to 40 02� 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? YES NO Fights or fistfights in Port and outside of Port ❑ �, People vomiting or urinating in public ❑ People having sex in cars and discarded condoms in the area O Anyone walking out of the Port with their beverage ❑ Port offering any beverages in plastic cups ❑ 5k4 Music being so loud to be nuisance to the area ❑ Traffic or parking issues ❑ 4) How do you get to Port? ❑ Walk �„ Drive ❑ Ta�xii" ❑ with Friends Additional Comments: I— GlNh i�YXIL tl�i� �YY iY�l� n _ h O OMIQ NAME: ADDRESS: SIGNATURE: EMAIL: TE: Please bring yotu_!ffinpleted form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949 - 723 -9687 — Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA. 1) How frequently you visit Port? ❑ Once a Month ` Once a Week ❑ Twice a Week ❑ More than Twice a Week 2) Checkmark the age groups _that you see in Port? ❑ 21 to 25 26 to 29 ' 30 to 40 O 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? Fights or fistfights in Port and outside of Port People vomiting or urinating in public People having sex in cars and discarded condoms in the area Anyone walking out of the Port with their beverage Port offering any beverages in plastic cups Music being so loud to be nuisance to the area Traffic or parking issues 4) How do you get to Port? XW Walk 1 ❑ Drive Additional Comments: 1�7 0 `f1115 / &C'/A.�rS. d ,V V- / r U, NAME: -4 79 ADC-0 ADDRESS: YES NO ❑ 0j ❑ Ali Taxi ❑ withh Friends '-,U /-)P l / f C-,2, Tv t -CrrL�L- - EMAIL: '-Vl4 P1CC 5 ZS SIGNATURE: DATE: !J' 2A -0 T -- Please bring yo r co leted form back to Port or Mail to 440 Heliotrope Ave, CDM. CA 92625 You can also fax the form to 949- 723 -%87 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA, 1) How frequently you visit Port? D Once a Month K Once a Week ❑ Twice a Week ❑ More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 ❑ 26 to 29 htt4 30 to 40 ❑ 40 to 50 3) Have you ever witnessed any of the followings throughout your visit to Port? YES NO Fights or fistfights in Port and outside of Port ❑ V People vomiting or urinating in public ❑ hk People having sex in cars and discarded condoms in the area ❑ P, Anyone walking out of the Port with their beverage ❑ Pon offering any beverages in plastic cups ❑ Music being so loud to be nuisance to the area ❑ Traffic or parking issues ❑ 4) How do you get to Pon? Walk ❑ Drive Continents: V1C\'l.X r'Jvvlt r"J- i P c,<.4- C f- ❑ Taxi twCc( TLC- (A- LyQQ %l[lA>\ I�'tiVFfr ❑ with Friends Six NAMEO�G \.V�. EMAILJF� '�S Cl elSbi�JkSS�«.Q�vi.Col�, ADDRESS:I SIGNATU DATE: Please bring your completed form back to Pots or Mail to 440 Heliotrope Ave, CDM, CA 92625 You can also fax the form to 949 - 723 -%87 - Should you have any questions, feel free to ask us! Newport Beach City Officials: Below you can find some information in reference to the petition of the reverse side signed by some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA. 1) How frequently you visit Pon? ❑ Once a Month ❑ Once a Week ❑ Twice a Week More than Twice a Week 2) Checkmark the age groups that you see in Port? ❑ 21 to 25 ❑ 26 to 29 30 to 40 ❑ 40 to 50 3) Have you ever witnessed any of the followin s throughout your visit to Port? 4) How do you get to Port? Walk 1P Drive ❑ Taxi ❑ with Friends Ad itional Comments: NAME: i U� tSMI4 / a 14Loti ADDRESS: �UU` �Ibt Htt�hP �6ZtC�trL: 9�WL SIGNATURE: DATE: f o/ /'V /9 te% � -r Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM. CA 92625 You can also fax the form to 949 - 723 -9687 - Should you have any questions, feet free to ask us! YES NO Fights or fistfights in Port and outside of Pon ❑ People vomiting or urinating in public ❑ People having sex in cars and discarded condoms in the area ❑ Anyone walking out of the Port with their beverage ❑ Port offering any beverages in plastic cups ❑ Music being so loud to be nuisance to the area ❑ (t� !� Traffic or parking issues ❑ 4) How do you get to Port? Walk 1P Drive ❑ Taxi ❑ with Friends Ad itional Comments: NAME: i U� tSMI4 / a 14Loti ADDRESS: �UU` �Ibt Htt�hP �6ZtC�trL: 9�WL SIGNATURE: DATE: f o/ /'V /9 te% � -r Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM. CA 92625 You can also fax the form to 949 - 723 -9687 - Should you have any questions, feet free to ask us! j M A K A K r• to whom it may concem. a&,Mty, It tikljaat I have been a resident of Corona Del Mar for several years. I recently built a home in the area just three doors down from Port Restaurant. My home is located at 430 Heliotrope in CDM. I can't soy enough about this restaurant and Ah. They are top notch with their service and their cuisine. They are so professional with all aspects of their business including any weekend and nightly activities. The location of Port makes if nice for IoCals to walk to which keeps the area safe and because it is so convenient, they ae keeping the comrn arty within the city limits and ftxn keeps the revenues in our area. I am a business owner and Port has always exemplified the type of service 1 would expect from my hotels and restaurants. Regoros. Paul Makorectlion CEO Makor Properties LLC . — .. , v _a -. .. . . ., I .. .1 .` . . . I .. . 1. I 1, 11 ,... ./..... . Vmrirk Gkwwr To: Phn"N Comh+iMid Ws subjact: FW. Port Re4dumd Permli 14oditojon Requai As requested, I am forwarding this to you for your consideration. Ginger Varin Administrative Assistant Planning Department (949) 644 -3232 M (949) 644 -3229 F --- --Original Message---- - F. : Alford, Patrick Sent: Monday, September 14, 2689 4:44 PM To: varin, Ginger Subject: FM: Port Restaurant Permit Modification Request Please forward to the Planning Comission. - - - -- Original Message---- - From: Peggie Foriss ( mai lto:pegsiefariss@aarthl ink. net) Sent: Monday, September 14, 2689 12:65 PM To: Alford, Patrick Subject: Port Restaurant Permit Modification Request Dear Mr. Alford, I understand you and the Planning commission will be considering The Port Restaurant's request for modifications to their permit at this Thursday's meeting. I attended last month's meeting and heard all the public comments but unfortunately, I won't be able to attend this next meeting. I'm oa not a regular patron of The Port Restaurant but I have lived on the 466 Block of heliotrope for most of the last 36 years. (Twelve years at 437 Heliotrope, nearly across the street from the restaurant site and for the last 16 years a bit further down the block at 416 heliotrope.) In addition, y 88 year old father currently resides in the front house at 435 heliotrope. At the August meeting, I heard comments from several of y neighbors' regarding late night noise from music or departing patrons and 1 as very sympathetic to their discomfort. On the other fwd, I guess I need to say the neither y father nor I have been personally Inconvenienced by anything related to The Port Restaurant's activities. In fact, i have been Impressed with the care this management seems to have exercised to provide a high quality dining venue within our community and to be a considerate neighbor. If they are granted their permit modification request and continue to be proactive in their efforts to menage their presence in this residential community, I would have to say, that's good enough for me. Respectfully, Peggle Foriss 418 heliotrope Ave Corona del Mar, CA 92625 1 John McHugh MD 433 Heliotrope Ave. Corona Del Mar, CA 92625 To Whom it my concern, Friday, November D6, 2009 I'd like to thank the Port staff for their support and service for my recent charity event in Corona Del Mar. I recently attended an early evening cocktail fundraiser on Jasmine Street. Those who could not arrive until 9pm asked if we could have a later meeting place. I was able to bring a group of young professionals to Port, and they universally were wowed by the ambiance and service. For some, this was their first visit to Corona Del Mar, and several have expressed interest in buying or renting here. To many, the idea that you can come home from work, put away your car keys, and enjoy great food and nightlife in your own neighborhood is a dream come true. I recently relocated here from San Diego. My neighborhood in San Diego (North Park) was the fastest appreciating in property values because many young profess"Is were drawn to its mix of beautiful homes within walking distance of "new and happening bars, shops and restaurants. I have just purchased a property a couple doors down at 433 Heliotrope Ave., and discovering Port has made me even more enthusiastic about this purchase, as I am looking for a neighborhood which has the services I enjoy. Thank You, John McHugh MD P Merino, Jakm From: Jason Rockwood jjaonnodcwoodeho nai.coml Soot Tussdry, August 18, 2009 7:061314 To: M nlic,JaYtr Cc: 4141paEodm.com; VNwd, Sharon Subo t Port Restaurant Mr. Murillo, I am writing in support of Port Reaomm in Corona del Mar. we have lived just down the street Gnat the tts:tatrarnt for over 7 years and have witnessed the changes in the establishment as well as irs maoageomm During the time that Pat Restatr n has been in business, we have never had a problem with any sound or tausance issues resulting frmn the mmur a. In fact, it has been a positive a gmience to have a close location we can frequent with such a friendly staff, great food and enjoyable ambiance. Jason and Ssodi Ratwood 436 Goldenrod 949.929 9445 To Whom it may concern, 1 was given your email address from a friend/ the owner of Port Restaurant. I am a 31 year old, single and professional Freelance Graphic Designer who has 5 friends that five on Heliotrope. I five at 435 1/2 Heliotrope, which is across the street and three houses down from Pat. In my opinion, and speaking an behalf of my friends, Port is a place we absolutely love to go. IU a welcoming atmosphere, where people from the canmcmity, younger and older, can cane after wort and on weekend nights to wind down horn work, meet new people, network, etc. When I heard that Port was having trouble with the city and had to use noise contramts/close eatiy because of complaimts , I was shocked. I work from home and lead a busy and professional life and I never hear ANY nice or any kind of disturbances coming from them ... if anything, I occasionally hear my neighbors yelling, or someone's tv is turned up loud, but never hear anything from Port besides some fun laughs, in which actually make me want to go over and join in the fum. This place is very unique to the other bars and restaurants in the area because of its MUSIC and acclectic style. Whether its a guy on a guitar singim or the talented cgs that they have play, we all enjoy it the way it is! It only adds to the experience that they have such a personable saaf, great hidden location, and great food! In my experience, this is a place where I ve met new greet friends, talked business, celebrated birthdays, said hope to have many more experiences at Port. Thank you in advance for taking this letter into consideration. Carrie Trimm 949 - 500-2077 435 1/2 Heliotrope Ave, Corona Del Mar, CA 92625 M uillo, JaIrm Fran: Trosy McCarW (eacayapnwrtar.comj Sort Tuesday, August 18, 2000 4. t 3 PM To: MurYo, ,halms Co: hbOporledrnoom Subset: &Wort Port Restaurant Hello Ms. Murilb, I have enjoyed the restaurants that have occupied the space at 440 Heliotrope for many years, and Port is by far the best of them. The new ownership has definitely clanged the venue for the better, with amazing dining, wonderful staff and excellent service. It is no longer a bar /restaurant ..but a restaurant with a nice bar lounge. I live in CDM and go to Port for family dinner In the earlier hours (we have 2 small children), deft night with my husbarw and Girls Night Out with my fellow mom friends when we get a 'hall pass" to stay out late. Port is a guest restaurant and the entertainment Is always nice, new too loud or annoying, which I can't stand when you am trying b speak with others) In fact. I believe Port is now the only place to go in CDM to enjoy fantastic cuisine in a hip, airy lard dean) atmosphere with fun musk (I am past the age of enjoying chubs). When we have lrieds, family or business customers visiting from out of town, we always recommerd Port. I also are to share with you that the owner, Ali, Is a very kind and generous man who assisted our local Harbor View public elementary sdnool with it's fundraiskV endeavors. All gvwmushy hosted our Underwriting party at Port and supplied all the specWty drkuks at our annual event at the Fairmont Hotel last November, helping our Parent Faculty Organiration rise $710,000. No other shop or store has, in the two years I co- chaired our events, assisted us as much as Port did this past year, a time of great need as the CA school budget funding continues to decrease. I sincerely hope you assist Port restaurant wtth their plans to improve upon their suemssha business. I would especially like to be able to go there for lunchl Like the lido Diner next to the lido theater, "can offer a place to dine before and after shows. More Importantly, Port an become a CDM landmark along with the rejuvenated Port dhetter, areal town jewel where neighbors of all ages can enjoy fine yet casual dining and entertainment, and visitors an get a real feel for the life and hW ship that COM residents enjoy. Please support and approve PoWs requests for Inprovemen% as they have proven to show consideration and respect to our neigh' m I c od in their suoonsful business straftgles, Tracey McCarter CDM resident since D% 949.30D.SBSS Tuse&y, August 19, 2W9 To whom it may conown: I want to gin my fall support as a local resident to the Pat Restaurant in Carom del Mar. I have lived within 100 yards of the Pat at 432 12 GoWenrod Ave. fit; two years and I have to admit that there has Dever beer a need to complain about any noise genaAted from restaaaot's operation fiat their Music or tlaw clwass. My only wish is if they could be open Low so our aotp once does not end abnrptly and we don't have to go to other places that we cot as 8W as Pat aflarwerds. My Neighbors and I try to go to Port every once in a while to enjoy their groat appetizers and dinner menu as well as listening to local musicians and DTs that are playing at very fespeuxfirl lavd& I was very disappointed so see that they bad to stop the Music a couple months ago because of their ugoomiag applicatiom to the city. We can definitely use a place around ben to provide Music in a tastdW maumar Pot is a 'gam' in the heart of Corona Del Mar. It is well-run place with excellent Good and welcoming staff as you have heard by other neighbors and local residents and it's a perfect place to meet clients for busman mosdW It would be qu to an addition to the eom>murity if they were to open for Minch. Please fed fix to contact me at the mambas Brood below if you have my questions. Kindly. Justin Kautz 949 - 7484143 dox 559679 -5730 cell 949. 612 -7386 direct Jamie Murrilkh I wish to express my support to Ali and Port Restaurant for their upcoming 1 e 6,q on August W. As a local resident and homeowner at 316 Iris, I fidiy support the application for Increased haws and the EnarfakmwM Application. I hew been a patron of Port for a number of yam Including its days as Mistrial. All has brought the awns consciousness and experience to Port while updating Its appeal. 1 also own a Mplex at 227, 2299 231 Carnation. I have seen my tenants at Port on numerous occasions and they have expressed to m• their support as well. Donald Okeds 316 IMS Corona del Mar, CA Dear Mr. Murillo, 1 understand there is a hearing for the Port Restaurant, and I really felt that I had to give my input on the muter. l am a resident in Corona Del Mat, and I have been going to The Port since its opening, as I had gone to the other restaurants before it. However Port has something special about itl 1 go there with my mom to wind down after work. and be around quality people. The Port really caters to any age with its ambiance of music, and the great architecture and ambiance. The food is great -I go there for Brunch and dinner, and repeatedly I have asked the owner if they could open for lunch. Corona del Mar is a great place for nice restaurants, and i think the PORT really brings in quality people from CDM, as well as our neighbors in Laguna beach and Newport Beach. Its presence in many magazines and all of its positive advertising bring a large crowd to Corona Del Mar. A friend of mine is a very close neighbor of the PORT and she says that she never is interrupted by its crowd because of its secluded location. The music is never too loud, and really gives the restaurant a good vibe. I think Corona del Mar would be missing a lot if it didn't have The Port!! Thank you for your time, - shadan shamloo 2500 Lighthouse Lane Corona Del Mar, CA 92625 9) 735 -9067 k Kwiadett 61 MUM% Jaime From: Dons id Okada (w=r@74dxgbW.nsq soft Tussday, Augu t 10, 2009 9:01 AM To: Muib, Join sub)aet Port Raataursint Jam MumNO, As a horrrsownsr at 131 Ina, CSA, i wish to axWW my support for Port Reaftrard and tltsk app /ca0on to be hoard on August 20*. Port is a bvaly bom oaublslntwt Vial tuo rs ew sxpwwm of *AV in Carona dot Mar. I lay support the appkWw for a EnWUWwrwg PsrrrY[ aid kteraaaad operm" holes. Arne 1MtUltnd 131 Ins T1oe e4na1 and any attached Ba may cow= confidtand inform bolt or a aammnmivOOn Ptivikgad by law and is intended solely for the wee of the ondivuhad or entity to «born they an -Wr ased If you reoaved tlna e.mad is error, you ate hereby notified that any dwdoatae, oopym& dwsewAmum dwo uaM or um of any of the iaformetion contained in or attached to this tr� is SIRICR.Y PROI ISMI1). If you have received this Mond a error PIS M motify m un="tdy debt error by return e-mail and pkaae deatroy the original trana nionoo and its attadhmmntr without reading or aaving them in eny manner 'Blank you in advance for your 000paation Sep V oe 0536P 7144016-1 t34 c.r "0 ?In INTER COUNTY PROTECTION To W hover It 01my Cona": Tkb WW is fwaiefnd to report our IiWkgs as Mn•Ag oornhllrwb. We were hired b perlown raefthat " aervlets W 4M NsNulrop Aft eddiese in dly of Cann dal titer. We nnrdfsad V" tioft abrh4 with to }whirrs lot and to awroundln0 arms duoVq the a ds" @sbd below: Thweday to ssksday SW to W" T11wredey mW FMey W3 to W4 Our task was to act as as tadspMldeet a0swt in an W W WCMmr arrloraobie so we do not draw any atlentlea born rmstawant pavome eputllnB at tke eboro sd Fees. vft to dic ad sofhrw" tl00 pm" eawikp to and baviny flora the reaft , t and no bud a c* tbs in the arrest were oYservad. We observed the rweeueaM eewfyhuemsty kad at lest one v nrhtl st tln front door c heddp We and aeebtl Q atinas wMh *anpoAellow. W ohdd you hers my qhn lil", pkhese 111001111110 to ear0" t as. 1 OWN flM venoms► ~ Couegr Probolimh H PO Box 29196 Mrhedm. Ca 92W9 To Whom It May Ca oem Diving the 1990's and 1990'x. I was the Recant Critic sad Op Ed columnist for the Daily Pilot, as well as the hat of IGOCEAN 1 03.1 FM's "Deng With Judy." Pro£aionally and personally, I waa a regular diner at Trees, one of the most innovative culinary atablishmeob of its dry. The food was lovely, the atmosphere chic and relaziog and due dining experience was finder enhanced by the resumravt's policy of hweag lire music eighty. The momtamment m those days was ohm provided by local performers like Dooms Singes and a bellow named "Caesar." Whin the restaurant beanie Mutnt, l wn one of the artists wbo amstamed them myself with my jai oontbo. Because of its owelleat food and dedication to service and relaxing atmosphere enhanced by live music, Trees aoabiished itself as a tine diving destiartion that atlra reed a loyal clieatele. It wan not uncommon to find visitors Sum Se Die@N New York, San Francisco and other parts of the country euojoymg kww* evenings of mWb -courw dim m prepteed by the awartd-womivg Trues. And liaoenieg to live music. As a member of the Soulbae California Real mam Writers Associatia% I can attest to the fwt that Port Restatvaat is dedinled to renewing and mooring the cultural imprint that Trees was known for it its heyday. Fine art, scolpbum. comfortebble seating, a diverse and interesting, well -priced menu and gracious environment amt alive and well w Corona M Mar because of Ste Port. It's no awy to trying to operme a business that is gesmd toward the wlttaslly- minded these days! Despite the tread towed attracting a mostly -bar bmatesa I am confident that it is not the Poet Rastsawm's objective to be aaydj og but a high-wd atablidwwa that will continue to make the kind of ou>tateading contribution to the legendary linage of Newport Beach's acclaimed doing destinations that was pioneered by Trees so many yeas ago, in the years to come. Sincerely, Judy (lawnbaLm September 17. 1995 To Whom It May Concern: We were the restaurant managers and office manager respectively of Trees Restaurant located at 440 Heliotrope ta Como del Mar from the time opened in early 80's until mid 90's. We had entertaunr>ent 5 to 7 nights a week in our bar area since we opened and it continued up until the time of restaurant closing to 1995. As I recall, the music was nightly from 9PM w closing time. Sincerely, Frank Ramos 39 Appomattox Inina. CA 92620 it /as't9— Dana O. Ramos 39 Appomanox Irvine, CA 92620 Attn: Newport Beach Planning Commission On behalf of the Lighthouse Guild and Olive Crest Abused Children's Homes, I would like to acknowledge and thank Ali Zadeh and Port Restaurant for the generous contributions, room usage and willingness to help our cause. Over the last 2 years, Port Restaurant has been our meeting place of choice for Board Elections. Social Mixers and Fundraisers. We thank you with all of our heart for all you have done for the Guild by providing a fun, beautiful and safe environment for our members. We support Port Restaurant and it's project. Good luck! Your kindheartedness to the Guild will not be forgotten. Thank you, 0 Jesse Valencia Lighthouse Guild 2130 East Fourth Street. Suite 200 • Santa Ana, CA 92705 • T (714) 543 -5437 ERMA 1111"1"1 ""r1111N DATE: September le, 2009 ATTN: Newport Beach Planning Commission Dear Commissioners, On behalf of the Board of DIrector's of the Newport Beach Restaurant Aasodation BID, we are In support of the Port RdburarWs application to extend hours of operation with added security, Induction of lunch hors and obtaining the required onto Innm Ocenso. Mr. All Zadah, Owner and Operator of the Pat Restaurant, has been an active part of the local comimunity, hospitality industry and participates In NBRA BID programs and marketing campaigns. The NBRA BID Board of Directors supports the Port Restaurant as a loal establishment with a parltJva Impact to both City revenues and emptoynw t for approxlrnately 30 employeas. The restaurant has been an active part of the Corona del Mar Community and provides frospIt llty, culsk» and friendly service to our local neighborhood. Thank you for consideration of support. sincerely, Shari Drewry President Newport Beach Restaurant Association BID OVA OFC O� = BUSINESS IMPROVEMENT DISTRICT DATE: August 19, 2009 ATTN: Newport Beach PlannkV Commission Dear Commissioners, On behalf of the Advisory Board of the Corona del Mar Business Improvement District, we are in support of the Port Restaurant's application to extend hours of operation with added security, Induction of lunch hours and obtaining the required entertainment license. The Business Improvement District Board of Directors voted to support this application to assist In retaining this valuable asset, the Port Restaurant, as a longstanding community establishment. There are many businesses in Corona del Mar that are dosing their doors due to these difficult times, and the Board feels that it is necessary to support the Port Restaurant due to Its positive contribution to ofty revenues, employment, and the local dining Interest It provides. Thank you for considering this endorsement. Sincerely, aft* Spawal Bennie Svalstad Chairman CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT 2855 E. Coast Hwy, Suite 101 / Corona del Mar, CA 92625 / (949) 673 -4050 �pk DE( Oho k 'P � cr M c�7 �pMER�E QNAMBER OF Newport DATE: August 19, 2009 On behalf of the Board of Director's of the Corona del Mar Chamber of Commerce, we are In support of the Port Restaurant's application to extend hours of operation with added security, induction of lunch hours and obtaining the required entertainment license. Mr. All Zadeh, Owner and Operator of the Port Restaurant, has been an active part of the local community and serves on the Corona del Mar Business Improvement District's Advisory Board as well as the Chamber of Commerce. The Chamber's Board of Directors supports the Port Restaurant as a longstanding local establishment with a positive impact to both city revenues and employment for approximately 30 employees. The restaurant has been a part of the Corona del Mar Community and provides cuisine and friendly service to our local neighborhood. Thank you for considering this endorsement. Sincerely, 2404 ZwAias l Linda Leonhard President CORONA DEL MAR CHAMBER OF COMMERCE (949) 673 -4050 U" !. Cowl ". sw too • COW* AN MW, CA aau • RI 0W 034M • Fm " 9?44080- lj&ftdiaohloWi . o ohw h Am 100 NEWPORt BEACH CHAMBER OF COMMERCE The &nn , and Comwnw tv Ft a * September 15, 2009 Chairman Robert Hawkins Members of the Newport Beach Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Re: Port Restaurant & Bar, 440 Heliotrope Ave., Corona del Mar Dear Chairman Hawkins & Members of the Planning Commission: The Newport Beach Chamber of Commerce is in support of Mr.Ali Zadeh's application to amend his Use Permit # 1566 to allow for minor changes in the operational characteristics of his restaurant. The Chamber supports his effort to allow for additional hours of operation in order to be able to serve lunch from 11:00 A.M. to 2:00 P.M. and to allow live entertainment. Mr. Zadeh is an active and responsible member of the Business community and as with many restaurants in the community requests these changes to remain competitive in a very difficult economic climate. The Chamber encourages the Planning Commission to approve this application as presented. Sincerely, AICAa4d X tueAw President 1470 Jamboree Road Newport Beach, CA 92980 Phone: 949.729.4400 Fax: 949.729.4417 "RECEIV17DAFrER GENOA PRINTED:" - �% " Brown, Leilani From: Murillo, Jaime Sent: Tuesday, November 10, 2009 8:13 AM To: 'Chris Beaufort' Cc: Brown, Leilani Subject: RE: Public comment on the Port Restaurant's appeal of its CUP modification denial Chris, I am forwarding you comments to the City Clerk to become part of the public record. Thanks, Jaime - -- Original Message--- - From: Chris Beaufort [ mailto:cbeaufort@roadrunner.com] Sent: Monday, November 09, 2009 4:08 PM To: Murillo, Jaime Cc: Gardner, Nancy Subject: Public comment on the Port Restaurant's appeal of its CUP modification denial Hello Jamie, I plan to attend tomorrow night's City Council public hearing on the Port Restaurant's appeal of its CUP modification denial. I'm sending a copy of my planned remarks for the record. I'm also copying Nancy Gardner, our District 6 representative on the council. If at this stage in the process I should be directing my email to a staff member who supports the City Council, let me know and I'll forward as appropriate. Thanks, Chris Beaufort fttit +tuff My name is Chris Beaufort. I've lived with my wife and two children at 425 Heliotrope Ave for 15 years. I oppose a) the extension of the operating hours of the Port Restaurant to 1 A and b) the grant of a live entertainment permit because I believe it will pave the way for the Port to operate as a nightclub in the late evening/early morning hours. While I understand Mr. Zadeh's desire to increase the profitability of his business, allowing him to do so by operating as nightclub will adversely affect: - my economic interests as a homeowner (as well as the other homeowners in the area) and, - my family's quality of life Living a half block away from the Port, my family would be affected in the following ways: - Should we choose to sell our house, our property value will be decreased by the need to disclose the existence of a nightclub on the street (the owners of rental properties on the local streets will face this issue each time they go to rent out a residence.) - On a night to night basis, Port patrons leaving between 1 AM and 1:30AM will inevitably exhibit the same behavior that we've seen over the years with the Port, Svelte, and Mistral when they closed at 12:OOAM ... just one hour later. Yelling and bud conversations by inebriated patrons as they search the block for their cars, revving engines, cars racing down the street, litter, and, how shall I say this politely, the deposit of various bodily fluids by those who have a hard time holding their liquor. When you're jolted awake at 1:30AM, 6:OOAM comes pretty quick for those of us who have to get up for school and work. Now, in the most recent planning commission hearing (September 17th) that I attended, Mr. Zadeh struggled mightily to dispel the notion that he intends for the Port to become a nightclub in the late evening/eady morning hours. Yet: - As documented by the Newport Beach Code Enforcement and Police departments, early in 2008, the Port was already effectively operating (illegally) as a nightclub: open past 12AM, refusing to serve food after 1 OPM, and offering late night live entertainment, all in violation of the Port's existing Use Permit. - Mr, Zadeh stated during the September 17th planning meeting that there was never any intention to have dancing at the Port, yet in his May 2008 cover letter to his Use Permit amendment application, Mr, Zadeh states, in his own words: "Caf6 Dance Permit will also be very useful for us to be able to book those special events such as weddings and birthdays as well as dancing on weekend nights given that there will not be any noise traveling outside of the premises." - At the September 17th meeting, the new rationale given for the need for a 1AM closing was that the Port needs to be able to have 7PM and 1OPM seatings for the dining public. According to Mr. Zadeh, we have a high demand here in Corona del Mar for fine dining after, in his words, the "show" (ballet? opera ?) But I'd like to quote a Port customer from a review that he posted on Trip Advisor in March 2008 ( *hftp: / /tinyurl. com/y8dwad 7) *: • The Atmosphere: This is where things really went crazy. Beware, • because at 9pm, the nice Sinatra is replaced with loud rap, hip -hop • and rock. Now I grew up with rock and roll and even played in a few • bands, so I have nothing against loud music... but it was completely > out of place in this restaurant. I can't imagine why anyone would go > to the Port to have a nice romantic dinner, when there is loud rap > blaring from overhead (and I mean really loud - you have to shout to > be heard across the dinner table). You'll note that this Port patron's experience at the restaurant is consistent with the findings by the Newport Beach Police Department during it's investigation, i.e. that by 10pm, the Port seems to transform from a fine dining establishment into a nightclub. My hope is that, whatever decision you make as the City Council regarding this application to amend the Port's Conditional Use Permit, it's done with the clear realization that what's being voted on is, effectively, permission for the Port to operate as a nightclub. Thank you for allowing me to express my concerns. Chris Beaufort 425 Heliotrope Ave (My email provider is changing my email address from "cbeaufo rt@adelphia. net" to "cbea ufort@road runner.com ") Brown, Leilani From: Murillo, Jaime Sent: Tuesday, November 10, 2009 12:17 PM To: Brown, Leilani Subject: FW: Port Restaurant Project File No.: PA2009 -080 Attachments: Port Restaurant PA2009 -080 11- 10 -09.doc Not sure if you are automatically copied on these, but just in case From: Geoffrey Haddad [mailto:reservoirhill @yahoo.com] Sent: Tuesday, November 10, 2009 12:16 PM To: City Council Cc: Murillo, Jaime; march @poulseNalleries.com; khood27 @hobnail.com Subject: Port Restaurant Project File No.: PA2009 -080 Honorable City Council of Newport Beach: As the property owners immediately adjacent the Port Restaurant, we do not support this application (PA2009 -080). While we congratulate the Port Restaurant on their apparent success, we cannot support their continued non - conforming activities, and certainly not an expansion thereof. Due to unforeseen circumstances, I am now unable to attend tonight's city council meeting. Thus, I am attaching a letter (in Word format) expressing our concerns regarding this application by the Port Restaurant & Bar. I apologize for the lateness of its arrival. Thank you for your time and consideration. Sincerely, Geoffrey Haddad November 10, 2009 Newport Beach City Council CITY HALL 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Re: Port Restaurant & Bar / Project File No.: PA2009 -080 Honorable City Council and Planning Staff: As the owners of the commercial building located at 436 Heliotrope Avenue in Corona Del Mar, which happens to be immediately adjacent to the Port Restaurant & Bar, we wish to comment on this application for extended hours and activities by the restaurant. For anyone not intimately familiar with the Port Restaurant property, we would strongly suggest a close review of the satellite photo of the site, complete with overlaid property lines, that is contained in the Newport Beach City computer system. From this satellite photo it quickly becomes apparent that the restaurant proverty has absolutely no off -street parking! In fact, the site is so constrained that, according to City records and staff, the restaurant's chain link trash enclosure, trash dumpster, waste grease trap, etc., are actually located on an adjacent property owner's parking lot and vehicular access to this enclosure can only be achieved by driving across this neighboring property. If the nature of this adjacent property were to substantially change, the restaurant could lose that access and their ability to have a trash dumpster. Also, it should be pointed out that immediately adjacent to the northerly side of the restaurant is the Port Theater, which is currently undergoing renovation. Like the restaurant. the Port Theater also has no on -site parking! When the Port Theater eventually re -opens for business, parking in the neighborhood will become even more of a challenge than it is presently. Neither of these businesses would likely be allowed to establish themselves now as "new usages" in this neighborhood due to the non- conforming nature of their respective properties and the negative impacts they have on neighboring businesses and particularly the many residents of the immediate neighborhood. We, as owners of the commercial building adjacent the Port Restaurant, have to provide on -site parking for our building. We are baffled as to why this adjacent business, the Port Restaurant & Bar, is allowed to operate with absolutely no on -site parking whatsoever, especially in a neighborhood known for vehicular congestion( ?). Furthermore, given that the current operators of the Port Restaurant & Bar have a history of ignoring city codes and regulations when it suits them - according to city employees and based upon our personal experience as well - and have shown a complete lack of regard for the negative impacts their operations have on their neighbors, we have to ask why anyone would think their behavior would suddenly change for the better if they are allowed to expand their activities and hours of operation? Additionally, some of our tenants meet clients on an appointment -only basis, in the evening hours. Thus, the allowance of live music and the attendant noise likely to be generated from the Atrium area of the Port Restaurant could have a severe negative impact on the ability of some of our tenants to conduct their business and also on our ability to use our building and property to its fullest extent. Most of the units in our building have windows facing the Port Restaurant. Windows of our second floor units look down on the roof and atrium area of the Port Restaurant. Thus, any attendant increase in noise emanating from the Port Restaurant has the potential to significantly and negatively impact tenants of our building. Therefore, we strenuously object to live music and dancing being allowed at the Port Restaurant! In our opinion, the proposed operational changes requested by the applicant do not benefit the overall health, safety, and welfare of the surrounding neighborhood, actually quite the opposite. While we recognize the rights of the operators of the Port Restaurant to operate their business and applaud their apparent success in attracting clientele, we feel that their success dictates that they move to a site more suitable to their needs. Their success should not come at the expense of their neighbors, particularly the local residents! Sincerely, Geoffrey Haddad (via email, for Haddad Properties) November 10, 2009 Newport Beach City Council CITY HALL 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Re: Port Restaurant & Bar / Project File No.: PA2009 -080 City Council and Planning Staff: "RECEIVE AFTER AGENDA PRINTED:" /t-ID - Dq I own the commercial building located at 2919 E. Coast hwy in Corona Del Mar, which happens to be immediately adjacent to the Port Restaurant & Bar. I am very concerned about this application for extended hours and live entrainment by the restaurant. Port Restaurant property has an open atrium area design that is located approx 15 feet away from the rear wall of my upstairs apartment. The speakers and DJ stand were and still I believe are located against the adjacent restaurant wall that is back side of connecting apartment wall. With this close proximity to the live entertainment a transfer of the sound and vibrations can then travel directly up the wall to the apartment. These vibrations and sounds have affected the ability to live in a acceptable apartment environment. The sound tests that were conducted with the city supervision were not completed on my property or with my knowledge or their knowledge at the time apparently of this apartment. I would first request a new sound study be completed that would take into consideration this location of the apartment before any approval of the live entertainment or expansion of use or hours is granted. Secondly, please consider the impact of loud customers leaving the Port at night will have on the apartment that is located directly above this parking lot adjacent to my property. Respectfully, Gary Sauter "RECEIV� R AGENDA PRINTED: " — /le Washington, Lillian From: Brown, Leilani Sent: Tuesday, November 10, 2009 5:29 PM To: Washington, Lillian Subject: Fw: City Council Meeting 11/10109 Agenda Item No. 16 Please print. From: Murillo, Jaime To: Brown, Leilani Sent: Tue Nov 10 17:14:37 2009 Subject: FW: City Council Meeting 11/10/09 Agenda Item No. 16 Another one From: Carl Cassidy [malfto:crcassidy @sbogbbal.net] Sent: Tuesday, November 10, 2009 5:03 PM To: Murillo, Jaime; Selich, Edward Cc: City Council Subject: City Council Meeting 11/10/09 Agenda Item No. 16 From: Carl Cassidy 409 Goldenrod Ave. Corona del Mar, CA 92625 To: imurillo ewwportbeachcagov Dear Mr. Murillo and Honorable Newport Beach Mayor & City Council Representatives: RE: City Council Meeting 11/10/09 Agenda Item No. 16 Port Restaurant and Bar de Novo Hearing Immaterial Change in operating hours and parking provisions for Port Restaurant's continued economic viability Introduction I have been a resident and voter in Newport Beach for the last seven years and residing at 409 Goldenrod since October, 2006. 1 do not engage in any business activities and I do not own any real property within the City. I am one of the overwhelming number of Newport Beach residents, close neighborhood residents, and patrons that fully support the continued operation of the Port Restaurant (Port). I visit the Port on average twice a month and walk past the village merchant provider of food, drink, and companionship twenty to fifty times a week. I have no vested interest in the proceedings other than as a patron and close neighbor to the Port. I do have several questions regarding the City's use of governmental authority to deny the Port and the neighborhood the continued use of the property that I submit for the Council's review. 1) Whether or not the utilization of the City's power of imminent domain to restrict business operations is proper? Generally, a municipality does not reach into the operations and details of operations limiting hours, types of service, and characterizations of employees, and noise levels, types of patrons to foreclose on a business operation. Clearly if the matter relates to a land use not a business use 1 would understand the City use of zoning authority to zone the land and monitor the zoning compliance. Use of imminent domain to discriminate on types of commercial activity (restaurant vs. restaurant/bar) is not readily apparent to the casual resident on why the applicant is being forced out of his business. 2) What factors provide the basis for the Council to discriminately favor some merchants within the CDM village and a miniscule handful of neighboring property owners over the economic and pursuit of happiness interests of the overwhelming majority? Are the interests of the fellow merchants, the neighborhood constituents, the Chamber of Commerce, and the very words of the Declaration of Independence to provide for "pursuit of happiness" no longer the concern of the City to appease the dissatisfaction with a small minority and the Police Department? 3) Does a Newport Beach business no longer eniov the constitutionally protected right of engaging in interstate commerce only subject to the federal government Jurisdiction? Does the Port not have a right under Article IV, Section 8 to engage in interstate commerce to resale beverages, prepare and sale food that were purchased from vendors in the normal course of interstate commerce? Does local City of Newport Beach government really wish restrict his constitution right, incur probable litigation costs to defend its efforts to regulate interstate commerce in order to appease the unsubstantiated complaints of a small minority or property owners? 4) Use of Police Authority as Credible testimony? Why is the police detective (a highly credible distinguished young man) accepted as more credible than any other resident regarding the day to day activities of the business? Does the police provide specialized training and experience in restaurant operations, financing of business operations, noise level engineering comparative testing, and other relevant operational concerns (as opposed to land utilization) that are of a higher level of competence than the regular residents and patrons of the restaurant? Does the Police testimony have any relevance when compared to the expert testimony of sound level and noise impact experts and night club operations experts regarding whether or not the restaurant might possibly or by some chance become a greater inconvenience as a future night club? Will the Police in there imminent knowledge of restaurant operations and as economic experts be willing to put there job or business on the line like the Port's owner regarding what the foreseeable future might be? Should the City choose to forego revenues to the detriment of the City and its citizens in order to use its imminent domain over the economic interests of this one merchant what will be expected of the next city resident with an economic or personal interest to appease the police and small minority? Are we on the slippery slope towards totalitarian Russia or even Nazi Germany allowing the police to become experts on engineering and financial forecasting matters? Is it the reasonable expectation that the police be held responsible for monitoring all minor disagreements over noise and monitoring which business within the CDM village can keep their lights on until a City mandated allowable time applied to merchants on a non uniform basis? Are the interests of the City really served by having all one establishment run out of one establishment so that they might run down the street to another that has the favor or the City to remain open for an additional period? 5) Do the neighborhood residents of the CDM Village not have some constitutionally protected right 2 to Bather and exercise free speech? Does the City really wish to utilize police authority and imminent domain over a merchant to keep residents from gathering and exercising free speech because some small minority asserts that their interests have been damaged? Do the small minority not a legal mechanism for recovering alleged damages (no factual basis has been provided as evidence) through the courts to resolve their claims without imposing imminent domain over the majority of the neighborhood? Have the claimants asserting loss or foreseeable loss (again, not substantiated or any evidence contracting expert hearing testimony) shown that the alleged loss or future loss is or will be in the some unspecified future (6 months of 60 years) become a noisy nightclub that is the proximate cause of their asserted claims? Do we even know whether or not the complaints of noise or rowdy behavior were in any way connected to the Port? There is a questionable characterization of the polite young men serving as attendants and doormen that are personnel of the Port as "Security ". To twist and use the misnomer to call the parking and door attendants Security is a reach. The individuals are polite, unarmed, attendants serving patrons and the interests of the neighborhood in monitoring noise and undesired frolic. These personnel do not dress as security, hold themselves out as security, or carry of the tools of the trade as security. The doormen attendants are more like highly professional greeters than highly trained off -duty police officers with specialized skills in conflict resolution that one would generally characterize as Security> Would the City have a hotel label its concierge or a baseball team characterize its seating attendants as "security "? 6) Are the Honorable Mayor and City Council actine within the scope of elected authority to apply the provisions of the Municipal Code to favor the interests of a small minority over the siodficant hip-her legal US Constitutional authority of the majority? Is there an agenda of the Council members as individuals in choice of restaurants, financial interests, or otherwise that would be a sufficient conflict of interest to ignore the overwhelming majority of constituents to forego revenues to single out one business owner from operating his business at its highest and best use? The Port is clearly is bounded on all four sides by commercial property and is zoned as commercial. To allow nearby residents seek to change the operations of businesses within commercial areas to the point of putting the business in the same state that existed prior to the inception of the business appears to have a personal element. The Port prior to being purchased and peacefully operated to the satisfaction of the overwhelming majority of neighbors was a closed, non operating business not generating any tax revenues. Does the Council really wish to close down a nice neighborhood establishment, similar to the legendary Cheers bar of Boston celebrated for years on TV, because a small minority of individuals can misconstrue the future (at no personal stake of their own or expertise) that by some remote strike of lightning we could have a nightclub in our vicinity? Should not the entrepreneur be granted some faith and credibility based upon what he has done henceforth and who he is, rather put him out of business? What does the Council offer as a positive alternative to replace the lost tax revenues- a Biker Bar? Conclusion With deepest respect and appreciation for diligent public service, I encourage the City Council to weigh the concerns and rights of the majority of neighbors of the Port to have faith in capitalism and the US Constitution to not interfere with the enterprise of a tax generating business and allow continuation with similar hours of operation that other neighboring comparable establishments utilize for serving the constituents of Newport 3 Beach. Thank you for the opportunity to be of service. Cart R Cassidy, CPA crcassidya- sbcglobal.net (personal) carlOcassidvburtoncpas.com (Client email) carlcassidvcpa(&yahoo.com (spam free secure email) Office phone: 949 - 612 -8008 Cell: 949 -677 -1120 Fax: (949) 743 -8993 ANY TAX ADVICE CONTAINED IN THE BODY OF THIS E -MAIL WAS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, BY THE RECIPIENT FOR THE PURPOSE OF AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER THE INTERNAL REVENUE CODE OR APPLICABLE STATE OR LOCAL TAX LAW PROVISIONS. 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COUNTY OF ORANGE ) 11�IO�� � tL reviewed at the Plan- ning Department (Budding C, 2nd Floor), 3300 Newport Boule- vard, Newport Beach, California, 92663. for questions regarding details of the project, please contact Jaime Murillo, Associate Plan ner, at (949) 644 -3209 or by email at urlllo pmi Nkkk PA2009080 Aandly Nn-: Amendment to Use Permd No. 1566 and Off -Site Parking Zmah m No. OP 2009- Zrere RSC (Retail 8 Ser vice Gcimrwcla0 Gerwd Phu CC (Car rdor Corrxrerua0 Loce0se 440 Nellobope Avenue An em: Part Restaurant Dar Leilani I. &own City Clerk Published Newport Beech/ Costa Mesa Daily Pict October 31. 2009 Sag% NOTKE Of PIAIK HEARING I am a Citizen of the United States and a 11101FICIE IS HEREBY resident of the County aforesaid; I am GIVEN that ruee- b daOyO November 10, 9, over the age of eighteen years and not a 4 at 7:00 p.m., a public hearing will be in the City party to or interested in the below entitled conducted Council A) at 3300 matter. I am a principal clerk of the Newport Boulevard. Newport Beach. The City Council of the City NEWPORT BEACH - COSTA MESA pf Newport Beach will consider an appeal of DAILY PILOT, a newspaper of general the Planning Chefof- sipn'sg denial of the fol- circulation, printed and published in the i� Rilaurrael B Bw City of Costa Mesa, County of Orange, Permit An tt Ual- t N No. o. 1 156 566 tp al- low the following ng State of California, and that attached changes in the oper- ational characteristics Notice is a true and complete copy as of the existing restau- rant: 1) Expand the ex was printed and published on the isting hours of opera- tion (5:30 p.m. to 12:00 ding t d a .m.) by extending following dates: closing time 1the a.m. daily, and provid- ing lunch service on weekends; and 2) Intro duction of live enter- tainment. The applica- tion also includes an off s,te parking agreement to allow the October 31, 2009 continued use of 40 at on site parking spaces on property located at E. Coast Highway far the requested hours for t did The project is - cally exempt under der Sec- tion the Cali - En Envirit onmental declare, under penalty of perjury, that Qualia t GudelinesA�t ClasspAI the foregoing is true and correct. All (Existing o Facilitiesa All interested parties may appear and present testimony in regard to this application. If you Executed on November 4, 2009 at challenge pmafyct in coourt, urt, ge be limited to rinsing only Costa Me a, California. someone else you or at the public hearing (de- scribed in this notice) or In written corre- �✓� spondence delivered to C.F %� the City, at, or prior to, the public hearing. The agenda, staff report, Signatu and documents may be 11�IO�� � tL reviewed at the Plan- ning Department (Budding C, 2nd Floor), 3300 Newport Boule- vard, Newport Beach, California, 92663. for questions regarding details of the project, please contact Jaime Murillo, Associate Plan ner, at (949) 644 -3209 or by email at urlllo pmi Nkkk PA2009080 Aandly Nn-: Amendment to Use Permd No. 1566 and Off -Site Parking Zmah m No. OP 2009- Zrere RSC (Retail 8 Ser vice Gcimrwcla0 Gerwd Phu CC (Car rdor Corrxrerua0 Loce0se 440 Nellobope Avenue An em: Part Restaurant Dar Leilani I. &own City Clerk Published Newport Beech/ Costa Mesa Daily Pict October 31. 2009 Sag% "RECEIV D AFTER AGENDA Brown, Le[lani PRINTED:" 9 From: Dennis D. O'Neil [doneil @oneil- Ilp.com] Sent: Monday, November 23, 2009 3:31 PM To: Henn, Michael; Rosansky, Steven; don2webb@earthlink.net; Daigle, Leslie; Selich, Edward; Gardner, Nancy; curryk @publicfm.com; City Council Cc: Kiff, Dave; Hunt, David; Brown, Leilani; Murillo, Jaime; ali @portodm.com Subject: Port Restaurant Conditions To: The Honorable Mayor and Members of the City Council: The Port Restaurant is very appreciative of the approvals given by the Newport Beach City Council to its applications for an amendment of its Conditional Use Permit No. 1566, Off -Site Parking Agreement No. OP2009.003 and weekend lunch service as set forth in the Resolution prepared by the Planning Department and included in the staff report. The applicant accepts the conditions on Exhibit A Conditions of Approval to the City Council Resolution except for the following: Condition No. 5. The applicant is requesting that the Port Restaurant shall be allowed to open for brunchhunch at 10:00 am instead of 11:00 am. Condition No. 19. The applicant is requesting that live entertainment shall be permitted until one -half hour before closing, seven days a week. Condition No. 20. The applicant is requesting that in addition to the live entertainment being limited to no more than two performers at any time, including a vocalist, that a DJ shall be allowed to select CD music. The Port Restaurant DJ: (i) will be an employee and remain the same person; (ii) will not be advertised as an entertainment attraction on the Port Restaurant web site or any other print publications, and (iii) will not announce music selections by microphone. Condition No. 24. The applicant is requesting that security personnel be provided on Thursday, Friday and Saturday and any other day when the restaurant is operating at above 50% of capacity at the off -site parking lot in the evenings between 10:00 pm and 15 minutes after closing. Condition No. 26. The applicant is requesting that this condition be modified to provide 90 the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, Its City Council, employees and agents from and against any and all claims, liabilities, losses, damages and expenses (including attorneys' fees and costs) that may arise directly or indirectly from the acts, omissions or operations of applicant or applicant's agents or employees relating to approval of amendment to Use Permit No. 1566 or Off -Site Parking Agreement No. OP2009-003.' Condition No. 43. The applicant is requesting that this condition be modified to allow the quarterly gross sales of alcoholic beverages be limited to no more than 60 percent of the gross sales of food service to account for premium wine and champagne sales and reflect current conditions. Condition No. 45. The applicant is requesting a standing special event permit for New Year's Eve and Halloween. The applicant will be available to offer a further explanation of these requests to modify the conditions at the City Council meeting. Dennis D. O'Neil O'Neil LLP 19900 MacArthur Blvd., #1050 Irvine, CA 92612 (949) 790 -0734 (tel.) (949) 798 -0511 (fax) doneil (ftneil- IID.com NOTICE TO RECIPIENT: THIS E-MAIL IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE TRANSMISSION. IF YOU RECEIVED THIS E-MAIL IN ERROR ANY REVIEW. USE, DISSEMINATION, DISTRIBUTION, OR "RECEIVED AFTER A6E 0A PRINTED:" * 1114-04 REQUESTED CHANGES/REVISIONS TO PROPOSED CONDITIONS OF APPROVAL RE: LIVE ENTERTAINMENT NOVEMBER 24, 2009 STAFF REPORT' Paragraph No. 5 Staff Report/ Paragraph 18 of Exhibit "A ": The hours of live entertainment should be changed to 5:30 to 10:00 p.m. on Sunday through Thursday due to the fact that residents in the neighborhood have school and work the next day. These hours should be adequate for a clientele that is visiting the Port for a "dining experience" on Sunday and during the work week. Paragraph No. 7 /Staff Report/Paragraph 21 of Exhibit "A ": String instruments are allowed, which could potentially include a "bass" guitar. It is the "basis" that is particularly problematic when the sound caries and creates the "thumping beat" that can not only be heard but felt. All "bass"' guitars should be prohibited. This condition also allows that other instruments that the Planning Director determines to have no greater noise impact can be approved. Now will the residents be informed if and when the list of allowed instruments is expanded? This condition allows "recorded" music however #6 of Staff Report and # 20 of Exhibit "A" disallows disc jockeys. This condition is vague and could potentially result in the playing of the same type of music that a disc jockey would play. "Recorded music" should be prohibited during the hours of live entertainment. Paragraph No. 8 Staff Report/Paragraph 22 of Exhibit "A ". This condition allows that the doors and windows of the outdoor atrium are permitted to remain open. This condition flies in the face of the restriction that no live entertainment activities shall be permitted within the atrium (#4 of Staff Report/# 18 of Exhibit "A "). At least 50% of the walls of the atrium are bi -fold doors or doors that are open all of the time. Thus the live entertainment is in the atrium and escapes via the funnel of walls into the air. Having done so, the sound bounces off the back of the Port Theater and 2919 PCH and travels down the 400 block of Heliotrope, Second Street and the 500 and 400 blocks of Goldenrod. This condition needs to either require the doors and windows of the atrium to be closed during live entertainment or require the atrium to be covered with an enclosed roof /dome which will both absorb sound and prevent it from escaping. Paragraph No. 9 Staff Report/Paragraph 23 of Exhibit "A ". The neighbors request that they be apprised of, and involved in, the monitoring of the sound generated by the restaurant facility. Only in this way will the qualified sound engineer be able to ' Page 2 — Background: According to the Minutes from November 10, 2009, the City Council did not unanimously vote to uphold the appeal and overturn the decision of Planning Commission disapproving an amendment to Use Permit No. 1566. The Minutes on Page 26, paragraph I state: on Motion by Council Member Gardner, seconded by Council Member Webb to (a) adopt Resolution No. 2009 -76 with amendments to the Use Permit No. 1566 to include weekend lunch and extension of the Off -Site Parking Agreement No. OP2009-003; (b) uphold the decision of the Planning Commission to disapprove the extended hours; and (c) bring the live entertainment issue back to Council for review. determine to what extend the generated sound is disturbing the residents in the neighborhood. Sound monitoring should include testing from balconies/second stories as required by Code 10.26.055- Noise Level Management. This monitoring should take place from the balconies /second stories, including 429, 425, 4231/2 Heliotrope, and well as other first and second story locations. This monitoring should be coordinated with the residents of each location at a time when the residents can be present and participate. The residents should be advised in writing of the results of the monitoring and the monitor should be available to respond to questions and concerns of the residents. Note: The qualified sound engineer retained by the City at the applicant's expense can also study and make recommendations on the best structure to keep the sound escaping from the atrium as discussed in Paragraph No. 8 Staff Report/Paragraph 22 of Exhibit "A" above. "RECEIVED AFTER A NO Brown, Leilani PRINTED:" From: Dennis D. O'Neil [doneil@oneil-Ilp.com] Sent: Tuesday, November 24, 2009 11:12 AM To: Dennis D. O'Neil; Henn, Michael; Rosansky, Steven; don2webb@earthlink.net; Daigle, Leslie; Selich, Edward; Gardner, Nancy; curryk @publicfm.com; City Council Cc: Kiff, Dave; Hunt, David; Brown, Leilani; Murillo, Jaime; ali @portcdm.com Subject: Port Restaurant (Agenda Item No. 9) Honorable Mayor and Members of the City Council, I represent Ali Zadeh, the applicant and appellant on the application for amendment to Use Permit No. 1566 ( "Use Permit ") and approval of Off-Site Parking Agreement No. OP2009-003 ("Off-Site Parking Agreement"). The applicant appreciates the City Council's vote to uphold the appeal and overturn the decision of the Planning Commission disapproving an amendment to Use Permit and the Off -Site Parking Agreement at the City Council meeting on November 10, 2009. The applicant has reviewed the Resolution (Attachment No. CC1) approving the amendment to the Use Permit and the Off -Site Parking Agreement and accepts all of the conditions of approval set forth on Exhibit A to the Resolution. Dennis D. O'Neil O'Neil LLP 19900 MacArthur Blvd., #1050 Irvine, CA 92612 (949) 796 -0734 (tel.) (949) 798 -0511 (fax) doneilboneil- Ilmoom NOTICE TO RECIPIENT: THIS E-MAIL IS ATTORNEY PRIVILEGED AND CONFIDENTIAL AND MEANT ONLY FOR THE REVIEW AND USE OF THE INTENDED RECIPIENT OF THE TRANSMISSION. IF YOU RECEIVED THIS E-MAIL IN ERROR ANY REVIEW. USE. DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E­MWL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.