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08 - Woody's Wharf Appeal - 2318 Newport Blvd_PA2011-055 - Corrspondence
Council to discuss changes to Woody's Wharf permit - Daily Pilot Page 1 of 2 dailypilot. com/news/tn-dpt-me- 1005- newport- beach - council- preview - woody- 20131004,0,7388077. story Daily Pilot Council to discuss changes to Woody's Wharf permit The public can offer opinions on whether the restaurant should be allowed to extend hours and add dancing. By Emily Foxhall 6:17 PM PDT, October 4, 2013 The public can weigh in at Tuesday's Newport Beach City Council meeting on whether advertisement Woody's Wharf should have dancing Friday and Saturday nights as well as extended hours. At the Sept. 1.0 meeting, Councilman Mike Henn appealed the Planning Commission's decision to allow the restaurant to begin outdoor dining at 10 a.m., instead of 11 am., and to stay open until 2 a.m., instead of closing at 11 p.m., according to a staff report. In its Sept. 5 approval, the commission also cleared the way for dancing by giving Woody's Wharf a variance to build a patio cover, which the business says would address noise concerns. The variance was needed because otherwise the cover would be considered too close to a seawall. Henn said he worried about the effects the changes would have on the Balboa Peninsula neighborhood. "I have a significant concern that that approval was not consistent with the interests of the community," he said at the Sept. 10 meeting, "so I have asked that to be appealed to the City Council at an early date." The commission also approved the removal of tables and chairs in the outdoor dining area on Friday and Saturday nights. Such changes are "characteristic of a night club -like operation," Henn explained in an interview, "and that is inconsistent in the view of many of our residents with the general plan and with the zoning." He added, "From my perspective, it is completely inconsistent with what I have been trying to accomplish on the peninsula by way of improvement of quality of life for the residents." People wishing to speak on the issue at the council meeting will have three minutes each. Also at the meeting, council members will vote on whether to approve an agreement with RBF Consulting to prepare an environmental impact report for the redevelopment of the former Newport http://www,dailypilot.com/news/tn-dpt-me- I 005-newport-beach-comicil-preview-woody-20131004... 1 Council to discuss changes to Woody's Wharf permit - Daily Pilot Page 2 of 2 Beach City Hall as an upscale hotel. The roughly $200,000 agreement will be paid for by Olson Real Estate Group, which was chosen by the council in July to help oversee the site's development. http://www.dailypilot.coin/news/tn-dpt-ine-I 005-newport-beach-council-preview-woody-20131004... (5622 unread) - gregjamespappas - Yahoo Mail Page 1 of 1 Home Mal News spots Rnanae Weather Games Grnups Anawem Screen FQCkr I Mom Search Meii Search Wau © &eiOt'f Attomey Search Network- NOW W fins a California lar>Yer for your care - Sponsored Z Compose h <* $+ 2 Delete p Move w t i Spam ® More . = Collapse All + x 0 Inbos (99.) Fw: Woody's (2318 Newport Blvd) Drafts (28) A Sam To pawksetherw Spam (16) Hey Mark, Trash M Greg 10 Folders — On Wed, 11(12Ak Moore. Bryan <ri1iS :4a3 +ice , carat , p e Messenger • From: Mo, Bryan «Mcv�- e(aibe[ r� r ore ap ay Calendar > Subject WODdy's (2318 Newport Bl • To "Arnold Spencer' <SA ds,b-dq>, Birch, Dennis' <D1 4 l b -d. r3 Comte, Josh" <&a - ' pd q_g Dugan, Shawn" Contacts < =d�n,Q_jyyi rrx >, "FOSS, Robert Pose 'nb_ d�rq>, "Freeman Chu[k CFZem -;a t.,na olr >, Harvey, Neil' NhaE h >, Houg.m,Chrl <CFO ma P ostl eels, "IGmble, Chnstopher eK'pTsl 'w DnGOn ory Kresgo, Paw CMSes-e mnbnio >'Rerkins,leHrey" Nomped c_'rs„al ?3 >. Paters Ryan y,ggty -',) b.,..d.ura >, Rodn9ueL Orandon" PR rl r>rivnus srl'>, "Short, Mark <MS'.nrtlantac ra>, 'Smith, Timothy Cooper'¢sm rrarnnc'tlre >, "Syvock David" <d {? tu) uhodam >,- (ee.lusdW <,(,1'eaC.nhodorv> >CCg ej(ya ^s sua>8 �'�h o eat > Date: Wednesday. November 12,2008, 10,1D9 AM > On 09/18M ew had a meeting with the Owners of Woody, > Wharf. The • purpose of the meeting was to discus their occupancy • Iewls as well as • issues concaming the patio (as it relator to their • conditional use > permit). • woody's is currently in the process (w/ Oty Hail) of • making • modifications W revise their occupancy. It was determined • in the • meeting that the PD would allowwoodys to operate • under the hollowing • proposed masoccupancy levels: > Inside.. ....,.98 > Pati .............66 > Taro 164 • Additionally, their Use Permit allows them to operate the • outdoor patio • until close. It is the outdoor "deck" that may • not be usilind after • 11:00 pm, > Any questions N concerns, please contact me. > Respectfully, 3 H. Moore #1238 > Detective aNan Moom http : / /us- mg5.mail.yahoo.com/nco /launch ?.rand= 4rgfdhto6ecf6 1 IV. V. kv NEWPORT BEACH PLANNING COMMISSION MINUTES CITY OF NEWPORT BEACH PLANNING COMMISSION MINUTES Council Chambers —100 Civic Center Drive Thursday, September 5, 2013 REGULAR MEETING 6:30 p.m. CALL TO ORDER - The meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE — Commissioner Brown ROLL CALL PRESENT: Ameri, Brown, Hillgren, Kramer, Lawler, Myers, and Tucker ABSENT: Amer] (arrived at 6:33 p.m.) 915!2013 Staff Present: Brenda Wisneski, Deputy Community Development Director; Leonie Mulvihill, Assistant City Attorney; Marlene Burns, Administrative Assistant; Tony Brine, City Traffic Engineer; and James Campbell, Principal Planner PUBLIC COMMENTS Chair Hillgren Invited those Interested in addressing the Planning Commission to do so at this time. There being no response, Chair Hillgren closed the Public Comments portion of the meeting. REQUEST FOR CONTINUANCES Deputy Community Development Director Brenda Wisneski requested a continuance of Item No. h, Newport Harbor Yacht Club (PA2012 -091), to a date uncertain. Motion made by Vice Chair Tucker and seconded by Commissioner Brown and carried (6 — 0), to continue Item No. 4 on the agenda, to a date uncertain. AYES: Brown, Hillgren, Kramer, Lawler, Myers, and Tucker NOES: None ABSENT: Ameri Commissioner Amer! arrived at this juncture (6:33 p.m.) CONSENT ITEMS ITEM NO. 1 MINUTES OF AUGUST 22, 2013 Chair Hillgren noted corrections submitted by him and Mr. Jim Mosher, a member of the public. Interested parties were invited to address the Planning Commission on this item, there was no response and Chair Hillgren closed public comments for this Item. Motion made by Vice Chair Tucker and seconded by Commissioner Brown and carried (7 — 0), to approve the Minutes of the Planning Commission meeting of August 22, 2013, as corrected. AYES: Ameri, Brown, Hillgren, Kramer, Lawler, Myers, and Tucker NOES: None Page 1 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/6/2013 VII. PUBLIC HEARING ITEMS ITEM NO.2 UPTOWN NEWPORT MSDR (PA2013.129) Site Location: 4311 -4321 Jamboree Road Commissioner Lawler reported a business interest with a properly located near the subject property and requested being excused and the request was granted. He departed the chambers at this time. Associate Planner Rosalinh Ung presented background of the item noting that the Commission continued the matter from its last meeting and directed the applicant to make changes to the architectural elements of the project including enhancing the main entry at Jamboree Road and Fairchild to be more Iconic, redesign Building 2 so It has less of an "institutional" architectural theme by using more high-quallty finish material and require the applicant to use enhanced material /finish (i.e., stone, tile, limestone plaster, and fiber cement panel), and remove smooth plaster as a part of enhanced materials /finish list and replace it with "or similar enhanced quality materials approved by the Community Development Director" as noted in the architectural drawings. She reported that the changes were made and the revised plans were provided to the Commission and made available to the general public. She stated that the staff report includes a link to the applicable zoning documents and design guidelines, She deferred to the applicant for a brief presentation of the changes made. Chair Hlllgron opened the Public Hearing, Bill Shopoff, The Shopoff Group, introduced members of his team and thanked staff and the Planning Commission for their efforts In bringing the project forward, noting that It has been an extremely collaborative effort. He reported that the suggestions of the Commission have been incorporated into the revised plans and listed the next steps for the project, pending approval by the Commission. Ken Nilmeier, MVE Architects, provided a PowerPoint presentation and highlighted the changes made to the plans. He addressed proposed modifications to Building 1 and the use of enhanced materials, elevations, proposed enhancements to the main entry, focal points, the tower element, modifications to building massing, and addition of vertical enhanced materials. He then addressed the proposed modifications to Building 2, efforts at avoiding an "institutional" look, changes in the color palette and use of enhanced materials. Vice Chair Tucker addressed the tower element at Jamboree and Fairchild noting that he preferred the original tower element with enhanced materials and wondered if changes can be made to revert back to the original tower element. Mr. Nilmeier reported that would be possible per the Commission's direction to include the previous concept for the tower, using enhanced materials. Vice Chair Tucker confirmed that the list of enhanced materials would apply to wherever the reference to enhanced materials appears on the plans. He commented on the modifications to Building 2 and Building 1, except for the tower element, wherein he would prefer the original concept using enhanced materials, Mr. Shopoff indicated he preferred the original tower element concept, but would accept the second concept as well. Chair Hillgren Invited members of the public interested in addressing the Commission on this matter, to do so at this time. Jim Mosher thanked staff for making the planning documents available to the public. He addressed the circulation pattern and stressed that it appears that in ratifying the site review, the Commission will be ratifying a new subdivision of the lots within the parcel, per the Zoning Administrator's decision. He referenced the northern entrance to Jamboree noting that it could be in different hands than the rest of the Phase 1 development. He hoped that the Commission would offer clarification on the impacts of that decision. Page 2 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/5/2013 Chair Hillgren noted that master control is required for the entrances and that there is a contingency that one phase support the other. There being no others wishing to address the Commission, Chair Hillgren closed the Public Hearing. Vice Chair Tucker noted that Secretary Kramer had suggested modifications to the tower element and wondered regarding his thoughts on the revised concept. Secretary Kramer reported that he is satisfied with the new design created by the applicant for the tower element and that It serves to enhance the project. Vice Chair Tucker noted his support of the motion and clarified it would include the list of enhanced materials wherever reference to it is made. Chair Hillgren stated he concurs with Vice Chair Tucker, but felt that the ultimate developer should be allowed flexibility. Motion made by Secretary Kramer and seconded by Commissioner Amerl to adopt a resolution, flnding that all environmental effects of the Uptown Newport Planned Community have been previously addressed by the certification of Environmental Impact Report Ne. ER2012 -001 (SCH No. 2010051094) and approving Master Site Development Review No. SD2013 -002 with the changes submitted by the applicant. Amended Motion made by Secretary Kramer and seconded by Commissioner Amer] and carried (6 — 1), to adopt a resolution, finding that all environmental effects of the Uptown Newport Planned Community have been previously addressed by the certification of Environmental Impact Report No. ER2012 -001 (SCH No. 2010051094) and approving Master Site Development Review No. SD2013 -002 with the changes submitted by the applicant and allowing the developer flexibility related to the choice of design concepts as originally proposed including the alternative design for the tower element. AYES: Amer], Brown, Hillgren, Kramer, Myers, and Tucker NOES: None RECUSED: Lawler Commissioner Lawler returned to the Chambers and took his place on the dais. ITEM NO. 3 LIDO VILLAS (PA2012 -146) Site Location: 3303 and 3355 Via Lido Assistant Planner Makana Nova presented details of the report noting that questions from the Commission during a previous meeting have been addressed in the report. She stated that at this time, the applicant will provide a presentation on the project. Chair Hillgren opened the Public Hearing and Invited the applicant forward for a presentation. Steve Mills, DART Development, the applicant, thanked the Commission for considering the project, introduced his partner and deferred to the architect for a presentation. Robin Donaldson, Shubin and Donaldson Architects, project architect, provided a PowerPoint presentation noting that staff has done a great job addressing the planning issues. He Introduced David Larkins, Landscape Architect, who will provide information regarding the landscape plans. He commented on the spirit of the architecture, the inspiration behind the project and using the Lido Village Design Guidelines. He commented on the uniqueness and historical context of the area. He highlighted key points within the Guidelines that helped direct the project including identification of conditions around the site. He addressed location, site boundaries, street- focused edges, opportunities for open space /focal point, open space network and pedestrian connections, the site plan and ADA accessibility. Page 3 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/5/2013 David Larkins, LRM Landscape Architecture, presented details of the landscape plan addressing location of nodes, types of proposed trees, use of drought - tolerant plants, pedestrian circulation, and enhanced pavement, inclusion of a water feature and Integration of walk -ups to the residential units. Mr. Donaldson referenced the Guidelines and noted that each unit has its identity to the street and addressed parking, service circulation, architectural design, materials and colors, examples of the various units, elevations and the existing commercial building on the property. Chair Hillgren invited members of the public interested In addressing the Commission on this matter, to do so at this time. Jim Mosher referenced written comments he submitted previously and recommended that the Commission review the Zoning Code in terms of the purpose for and prior to creating a Planned Community District. He opined that the proposed is not a diversified development but rather monolithic and of a single -use. He expressed concerns with the proposed height noting that It Is a deviation from Coastal Commission requirements, He commented on the architecture noting that it includes fagades dominated by balconies which has been shown as an example of bad architecture In the staff report for the previous Item. Chair Hillgren wondered regarding allowing variations to the setbacks and the Intent of the street front at the ground plane noting that it may provide opportunities for additional landscape. In response to his inquiry, Mr. Donaldson reported that there was no guidance in the Guidelines about residential buildings addressing the street. He stated that there was an interest in having a presence on the street and decided on allowing residential use as well as pedestrian use. He reported having flexibility to make the area bigger for residents. Chair Hillgren felt that the proposed handscape will not be very functional. He stated he would like to see flexibility for the developer to work with staff to come up with a program that works for Lido Village as well as the ultimate users of the project. In terms of the height, Chair Hillgren felt that the project would be better served if it had more height and addressed the possibility of creating more space on the ground plane. Mr. Donaldson indicated they would be happy to have extra height. Commissioner Lawler inquired regarding sustainability measures and Mr. Donaldson reported that the project will be subject to all of the CALGreen regulations and will have enhanced, energy - saving features. He added they are not pursuing a LEED certified project, but the project will be a resource - efficient project. Secretary Kramer commended the applicant for the project but wondered if it is right for Lido Village. Members of the Planning Commission reviewed the material board for the project. There being no others wishing to address the Commission, Chair Hillgren closed the Public Hearing. Ms. Nova reported that the Planning Commission would be making a recommendation for the actions listed including adoption of the Mitigated Negative Declaration and approval of actions listed. Secretary Kramer inquired regarding maintenance of the proposed glass features and issues voiced by Mr. Mosher, Principal Planner Jim Campbell reported that in terms of the adoption of the Planned Community Text, it establishes a ten acre limit for urbanized areas and a diversification of uses and that in relation to this project, staff is asking for a waiver in the broader context of Lido Village as a whole and as described in the Design Guidelines. He added that the Planned Community Text allows for flexibility in establishing standards that are more appropriate for the urban site. Regarding height, Mr. Campbell noted that the Coastal Commission Is reviewing maintaining the height limitation at thirty -five (35) feet, and that the City's height limits have the ability to have a five -foot exception for sloping roofs, architectural features, stair wells and elevator shafts and that the project proposes flat roofs, so Mr. Campbell indicated that he shares Mr. Mosher's concerns regarding the Coastal Commission's approval of building heights beyond thirty -five (35) Page 4 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/5/2013 feet. He stated that the architectural feature could be cut off If the Coastal Commission decides to limit the height to thirty -five (35) feet. Secretary Kramer stated he shares Chair Hillgren's desire to increase the height of the project and asked that the applicant address the height issue as well as maintenance of the glass feature. Mr. Campbell cautioned that the MND is predicated on the specific design presented. Any recommendation for Increased height may be seen by the Coastal Commission as too tall. He stated he feels comfortable that the City has been historically consistent in considering these types of exceptions and is consistent with the Coastal Land -Use Policy, given the historical Interpretation of height limits. Assistant City Attorney Leonle Mulvihill addressed the PC Text regarding a minimum acreage, but the ordinance has an express ability for Council to waive it. The ordinance contemplates that there would be projects or communities that might merit a waiver. In response to Commissioner Ameri's inquiry regarding guest parking, Ms. Nova reported that twelve spaces are required and twelve are provided. She added that the applicant has worked extensively with the Public Works Department to provide sufficient access and the required parking. Commissioner Amerl expressed concerns regarding the architecture stating that to him, it has the look of a glorified motel. He acknowledged the Design Guidelines and related limitations but suggested there may be another design that would avoid.the "motel" look. Vice Chair Tucker referenced written comments he submitted regarding CEQA. He agreed with Chair Hillgren regarding landscape materials and indicated he Is not crazy about the architecture but acknowledged the need to follow the Guidelines which, in this case, were not developed by the Planning Commission. He noted that the applicant is entitled to do what he intends to do, He expressed concerns regarding maintenance of the project over an extended period of time but commented positively that the units are large. Maintenance will be addressed through the conditions and CC &Rs and his suggestion that the City be made a third -party beneficiary under those documents with a right to enforce the CC &Rs, without the duty to enforce the CC &Rs, has been Incorporated. Commissioner Brown commented positively on the project including the pass- through for pedestrians, parking and the use of pavers rather than concrete and the color palette and stated that while he feels neutral regarding the architecture, the Commission is not in a position to impose what It thinks the architecture should be, provided it is consistent with the Guidelines. He commented positively on the staggered setbacks and indicated he would support increasing the height of the first floor level it there were some ways of minimizing the risk in terms of consideration by the Coastal Commission. He addressed the layout of the units, the glass fagade and changes in the architecture and indicated support for the project. In response to an inquiry from Chair Hillgren regarding noticing the group that developed the Design Guidelines for this project, Ms. Nova reported that no special notice was provided, other than the required 300 -foot radius surrounding the project site and that no public comments have been received other than those from Mr. Mosher. Chair Hillgren commented positively on parking and expressed concerns regarding the Master Plan for the area and opportunities for bicycle paths /stripping. City Traffic Engineer Tony Brine reported there is no specific bicycle plan in place for Lido Village. However, the City just started the development of a City -wide Bicycle Master Plan, which would include this area. It was noted that the project involves changing the driveway access and there will be a relocation of three parking spaces along two of the streets which will provide additional off- street parking which will be designated and metered. Discussion followed regarding whether the last Planning Commission meeting where a discussion ensued regarding the project was considered a Public Hearing. It was noted that the Public Hearing was not opened then so the meeting would qualify as a public meeting. Page 5 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/5/2013 Chair Hillgren commented on the architecture and the importance of the quality of material, landscaping and a coastal landscape palette. He addressed common living areas and the water feature and the Importance of proper maintenance. Rather than the proposed fountain, which can be challenging In terms of maintenance, he suggested adding landscaping at the corner as well as seating areas. He addressed the expiration and staff clarified that twenty -four months would be from the time of Coastal Commission approval. Regarding notification of future potential owners regarding the development conditions of approval, and whether that would be appropriate for condominiums, Ms. Mulvihill stated that notification regarding the CC &Rs would be more appropriate than development conditions of approval. Discussion followed regarding the minimum clearance and compliance with community noise controls as applicable to adjacent land uses. It was noted that compliance with the City's Noise Ordinance is necessary and applicable. The standard condition regarding community noise controls could be deleted and Chair Hillgren directed staff to do so. Chair Hillgren made corrections to the document and verified sections related to water meter and sewer clean up and maintenance of on- street parking spaces during initial development. Mr. Campbell suggested removing the latter since the applicant is not responsible to maintain parking in the public right -of -way. He commented regarding maintaining the common landscape area and felt that the Homeowners Association should be responsible for maintaining all landscape areas. Ms. Mulvihill reported that in a condominium project there will generally be private landscape areas and common landscape areas which is what the condition is speaking to. She suggested that the applicant clarify the issue. In response to Chair Hillgren's inquiry, Ms, Mulvihill stated that a condition could be added to have the street frontage areas be common areas require the Homeowners Association to maintain it for a consistent look around the project. Chair Hillgren inquired regarding permitted uses in terms of short -term lodging and adult daycare and Ms. Nova explained that this section was modified to mirror the RM Land -Use Standards. Mr. Campbell stated the Commission may consider prohibiting short -term lodging if it so desires, Discussion followed regarding the adult day care use, constraints regarding concentration and the possibility of limiting the number, overall. It was noted that when the PC Text is silent, the Zoning Code sections would apply. Flexibility is provided in the prohibited uses, allowing for the interpretation of the Zoning Code provision to be applied. Ms. Mulvihill clarified the matter of permitted and prohibited uses and discretion by the Community Development Director to consider uses that are similar to permitted uses and whether or not they are explicitly listed. If a PC Text is silent, the Zoning Code would apply. Vice Chair Tucker suggested listing permitted uses and indicating that everything else is prohibited. Regarding CEQA, he reported receiving a letter from Robert Hawkins and noted that staff addressed the issues he raised at the previous Planning Commission meeting and that the document prepared for the project, adequately addressed the cumulative impacts of the project. He noted references to Newport Mesa and measure in Condition 85 and suggested they should be deleted. Regarding a reference to a Master Association and Sub - Association In Condition 86a, he noted that this should be one association taking into account the size of the project. He suggested changing Condition 861 to 86j and insert as 861 as condition as follows: "A provision that the garage parking spaces shall be used only for parking of operational vehicles and not for storage ". In addition, he suggested changing Condition 86b to state: "A provision that the architecture and exterior building materials of the dwelling units shall be maintained in a quality, color and type so the appearance is consistent with the original project as developed ". Chair Hillgren invited the applicant to address the Commission. Mr. Donaldson stated that they take to exception to the suggested modifications Page 6of13 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/5/2013 Steve Mills, DART Development, wondered regarding restricting visitor parking to visitors and resident parking to residents rather then specifically prohibiting using the garage for storage, taking into account the possibility that a resident may not own a car. Vice Chair Tucker didn't believe so noting that It Is Important that parking spaces be available for parking and Chair Hillgren agreed adding that it is important to ensure that parking spaces are used for parking. Commissioner Myers agreed adding that he believes the project Is under - parked. He felt that effort could have been made to provide surface parking for visitors in the inner area. He stated that residents will use visitor parking, for convenience and that using garages for storage will add to the parking load, Chair Hillgren requested that the applicant identify common and private areas. Mr. Donaldson stated that due to the configuration and importance of landscape along the street, there are no areas In the hardscape and landscape that are not considered common areas, So, that, in terms of maintenance, it's all common area. He expressed confidence In the ability to maintain the architectural materials. Regarding the issue of height, Mr. Donaldson, confirmed that the height is measured from the existing grade and suggested stepping the site slightly and stated that In terms of risk, the first priority is the quality of the project and requested flexibility to pursue the matter. Discusslon followed regarding restricting allowable uses to "condominium and recreational ". Regarding permitted and prohibited uses within the PC Text; Ms. Nova suggested keeping A -C and removing the rest of the text. Ms. Mulvihill suggested that given that current State law allows some uses such as childcare and adult care to be allowed, language be added that has land uses not listed above, are not allowed except as provided by Chapter 20.12 of the Zoning Code or required by State law. Secretary Kramer added that language be added to indicate that the applicant will work with staff to discuss the possibility of changing the height. Vice Chair Tucker asked for added language to give flexibility to the applicant to use landscaping rather than a fountain, depending on the final design and that they work with staff to develop a landscape palette to accentuate the coastal architecture and flexibility on the design at the ground plane to be able to have a more robust landscaped edge along the street and make the ground plane landscape as functional as possible for residents. Mr. Campbell addressed the issue of height and reported that the particular PC Text is specific regarding the height and suggested limiting the height to five (5) feet above thirty -five (35) feet. Chair Hillgren suggested specific limitations for the height of the roof top (3310 "), architectural projection (40') and the guard rail (374"). Ms. Mulvihill reported that the Coastal Land Use Plan has a height limit of thirty -five (35) feet which staff has always applied with flexibility allowed for the architectural design, which is what is being proposed, therefore, being consistent with the Coastal Land Use Plan. Brief discussion followed regarding the Mitigated Negative Declaration. Jeramy Harding, CMB Planning, City Environmental Consultant, stated that one of the rules of CEQA provides for a public disclosure document and during the MND review period, a specific height was listed and to raise the height following public review could be construed as denying the public a meaningful opportunity to make comments on the project regarding aesthetic impacts. Page 7 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/5/2013 Ms. Mulvihill reported that if there is a desire of the Commission to change the project, the recommendation would be to re- circulate the MIND to allow the public to comment. If no changes are proposed, the Commission would proceed approving as proposed. Vice Chair Tucker noted that the project is within the Guidelines and did not recommend recirculation of the MND. Ms. Mulvihill added that they would have the ability to approach this issue with Coastal Commission staff. Chair Hillgren withdrew his suggestions regarding height. Mr. Campbell referenced Condition 58 and made a modification regarding relocation of a proposed accent palm in order to provide site distance around the corner of vehicles. Commissioner Amer! suggested that the applicant reconsider the building fagades and for staff to develop ideas for a softer look. Motion made by Secretary Kramer and seconded by Commissioner Lawler and carried (7 — 0), to adopt Mitigated Negative Declaration No. ND2013 -001; approve General Plan Amendment No. GP2012 -005; approve Local Coastal Plan Amendment No. LC2013 -001; approve Code Amendment No. CA2012 -008; approve Site Development Review No. SR2013 -001; and approve Tract Map No, NT2013 -001 (Tentative Tract Map No.17555), as discussed and amended above. AYES: Amer!, Brown, Hlllgren, Kramer, Lawler, Myers, and Tucker NOES: None ITEM NO. 4 NEWPORT HARBOR YACHT CLUB (PA2012.091) Site Location: 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue, and 710 -720 West Balboa Boulevard The aforementioned item was continued to a date uncertain under Requests for Continuances. ITEM NO, 5 WOODY'S WHARF USE PERMIT (PA2011.055) Site Location: 2318 Newport Boulevard Deputy Community Development Director Brenda Wisneski provided a description of the project and addressed background; prior actions by the Planning Commission, appeal by the applicant to Council and modification of the project by the applicant to include an enclosure to the outdoor patio area and a request to have the Planning Commission reconsider the project, She reported that the applicant has submitted a revised application including a Use Permit, requesting their original operations allowing for patron dancing, a modified floor plan to remove a row of chairs after 10:00 p.m., extending the opening hour to 10:00 a.m, and the closing hour to 2:00 a.m., modifying the required parking and the use of valet parking. She addressed a request for a variance related to the proposed covered patio and encroachment of the cover to the bulkhead setback. She addressed surrounding properties and uses, history of the properly and entitlements, previous approvals by the Planning Commission, denial of patron dancing, project- specifIc conditions of approval, the proposed enclosure of the patio area, results of noise studies, resident concerns, findings and recommendations. She referenced recommended changes to the conditions distributed to the Commission. Regarding the service of appetizers only after 10:00 p.m., Commissioner Brown wondered if that is consistent with similar uses in the area. Ms. Wisneski responded in the affirmative. Discussion followed regarding the hours of operation for the adjacent business (American Junkie), defining valet parking "as needed" at the discretion of the business owner, mirror corrections to the documents, Impacts of noise to neighboring properties, consistency with the current operation of the Interior allowing dining on the patio until 2:00 a.m,, concurrence of the owner with the proposed changes, Type 47 liquor license, dance permit and operator license, It was noted that they do not have a dance permit but rather have alive entertainment permit. Chair Hillgren opened the Public Hearing and invited the applicant forward for a presentation. Page 8 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/5/2013 Mark Serventl, applicant, Introduced his partners, attorney and consultants. He stated agreement with the staff report and all conditions of approval except for maintaining the seating arrangement on the patio and prohibiting patron dancing. He referenced a list of open issues and requested modification to some of the conditions of approval. He addressed a history of the property, trying to legitimize past operations, installation of curbs, closure of docks, investments in sound systems, sound checks, prior actions by the Planning Commission and amendments to their application. He addressed results of the noise study, the patio enclosure, the importance of patron dancing in operations and cover charges used as a screening tool. Mr. Serventl presented proposed changes to the conditions of approval and benefits of having a cover charge and summarized the request. He addressed valet parking and reported that the property owner is in favor of the application. In response to an inquiry from Chair Hillgren, Mr. Serventi reported that no dancing would be allowed In the patio and that it would only be allowed Inside. Interested parties were Invited to address the Commission on this matter. Larry Edwards voiced support for the project with the inclusion of dancing, He commented positively on the operation. Kent Stoddard urged the Commission to deny the application and listed past and current violations regarding dancing and use of the patio. He noted that the Police Department supports denial of the application and noted the resulting noise and Increased crime in the area. He addressed the negative impacts of the operation to nearby residents. Roger Diamond, Attorney for the applicant, commented on Mr. Stoddard's previous concerns regarding noise and his recommendation for a noise study, with which his client proceeded at great expense as well as the City's noise study and results. He stressed there is no noise problem and asked that the Commission respect the application and allow patron dancing as well as extended hours until 2:00 a.m. In response to Chair Hillgren's inquiry, Mr. Diamond reported that his client does not concede that there have been violations in the past and felt this is not the appropriate forum to litigate that. He felt that the Commission should judge the project on its merits; is a legitimate business and deserves to be approved. He referenced additional permits needed and clarified that the approval of the application would allow Woody's to get the appropriate permits under which they have been operating. Discussion followed regarding the operation's noncompliance with conditions. Assistant City Attorney Mulvihill reported this is a different application than the one considered originally and that the public has the right to raise concerns as it sees fit. She reported it is not appropriate for her to comment on the status of prior violations but what is before the Commission is just the application. Dennis Halloran stated that noise is one of the problems and impacts to nearby properties. He expressed concerns regarding a decreased quality of life because of the late -night element and spoke in opposition to the application. He urged the Commission to let it stay as a restaurant. Joe Balzer spoke in support of the application noting the existence of nightlife and dancing in the area over time. He commented positively on the management of the operation and the benefits of "walk to" nightlife. Norman Einhorn expressed concerns with the resulting noise and spoke in opposition to the application. He noted prior violations by the business and urged the Commission to deny the application. Augustine Dillon spoke in support of the application and commented positively on allowing patron dancing. James "Jamie" Duarte commented positively on the application and the operation. He reported that dancing has taken place over the history of the business and is a great restaurant. He urged the Commission to give them the ability to apply for a dancing permit and noted that American Junkie has a dancing permit. Page 9 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 916/2013 Jim Mosher referenced last- minute changes to the conditions of approval and wondered if they have been made available to the public. He addressed the Ccnditional Use Permit and the role of the Commission to apply policy set by Council. He noted the findings needed for approval and the standard to be applied. He indicated opposition to the application. He addressed the variance of the ten (10) foot setback and the need to provide public access along the bay. Tom Durant addressed the reduced quality of life due to changes In operations by Woody's Wharf. He indicated opposition to the application. There being no others wishing to address the Commission, Chair Hillgren closed the Public Hearing. Commissioner Myers wondered regarding the Commission's ability to approve the variance but not the changes to the conditional use. Ms. Wisneski responded in the affirmative. Commissioner Kramer stated that the proposed solution to mitigate noise sufficiently resolves that matter and directed that discussion should center on the appropriateness of the applicant's proposed uses Including dancing. In response to his inquiry, Ms. Wisneski reported that changes related to the patio cover would not change the occupancy of the building so that restrooms would not be affected. Discussion followed regarding deficiencies in the operator's public relations with nearby residents and the possibility of allowing patron dancing. Ms. Mulvihill reported on the existing state of the citations noting that currently, dancing is not a permitted use. Staff has provided more information on the issue and Ms. Mulvihill stated that dancing is not a permitted use and that although dancing has occurred; it would be a new allowable use. Outside Counsel Kyle Rowen noted that the issue of previous violations is not presently before the Commission but reported that the City has issued citations and there has been no final adjudication for any of the citations and presently, it should not be considered a factor in the current assessment. He noted that they currently have an entertainment permit in which dancing is prohibited. Commissioner Brown commented on the prohibition of nightclubs in the zone and wondered whether Woodys is a restaurant or a nightclub. In response to his inquiry regarding the definition of a nightclub, Ms. Wisneski noted that the Zoning Code distinguishes between the two uses and the types of ABC licenses issued, Commissioner Brown stated that for the purposes of considering the present application, Woody's is considered a restaurant. Ms. Wisneski commented on compatibility with surrounding uses. Discussion followed regarding permitted dancing at the operation next door to Woody's in a zone not permitted for late -night uses and nightclubs. Ms. Wisneski reported that patron dancing does not equate to a nightclub, based on the Zoning Code, however, when the Planning Commission originally considered the Use Permit in November 2012, it denied patron dancing on the basis that it would contribute to a nightclub atmosphere. Discussion followed regarding the dancing permit issued to the neighboring property, changes in the Zoning Code and the lack of enforcement, historically, regarding the issue of dancing related to Woody's. Ensuing discussion followed led by Commissioner Kramer regarding allowable uses for a restaurant compared to a nightclub, prior ABC investigations related to Woody's and consideration of the business as a restaurant. Discussion continued regarding compatibility with allowable uses in the vicinity and the operating characteristic of the business. Commissioner Lawler reported that one of the issues is noise and that dancing does not create noise. He noted that dancing would be in the interior of the building and that there already is music in the interior until 2:00 a.m. Page 10 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 915/2013 Commissioner Brown noted that dancing is permitted in a nearby location and that it should be considered in allowing dancing at Woody's. Ms. Wisneskl reported that staffs recommendation to deny patron dancing Is consistent with the Planning Commission's findings made in November 2012. Chair Hillgren commented on the mixed -use area, addressed compatible surrounding uses and felt that continuation of a use should not be considered on the basis of prior use, but rather whether or not is It compatible with the uses In the neighborhood. Vice Chair Tucker commented that a plan to reduce noise was not relevant since all projects are required to comply with the Code with respect to noise. So the results of a noise study projecting required compliance cannot be a basis to approve the Applicant's request. The real issue before the Commission is the compatibility of the proposed changes requested by the Applicant with surrounding allowed uses, He addressed the update to the General Plan in 2006 which changed allowed uses In the vicinity. Specifically, Vice Chair Tucker read from Municipal Code Section 20.52.020 a finding the Commission must make in order to approve a modification to a conditional use permit: "The design, location, size, and operating characteristics of the use are compatible with the allowed uses In the vicinity ". Due to residential uses which are now allowed on the property to the south contiguous with the Applicant's property, the changes Applicant requests to its business would have to be found consistent with allowed uses In the vicinity. He noted that while the use of the adjoining property to the north for dancing had some relevance, the contiguous property to the south under development would have many residential units so it might not be a good idea to allow dancing at Applicant's because it could result In some patrons having too much to drink and leaving the Applicant's business at 2:00 in an area with residential uses He agreed that the project should be evaluated on the merits, rather than on whether Applicant in the past had allowed dancing or was in violation of any permit requirement. Accordingly, Vice Chair Tucker reiterated that In order to vote in favor of Applicant's request to allow dancing a finding of compatibility would need to be made. Commissioner Amer! felt that if the operators can improve the service provided and still be within the law, then it should be approved. He reported that dancing will not add to the noise and didn't see a problem with allowing it. If It proves to be problematic, then it would be up to the Police Department to address. In response to Commissioner Kramer's inquiry regarding a grandfathering provision, Ms. Mulvihill reported that their present permit specifically states no dancing. The subsequent permit they would apply for is Issued by Revenue and is more of a revenue permit as opposed to a discretionary permit. Discussion followed regarding the chances of success with the City in approving a dancing permit if the Commission approves it. Ms. Mulvihill stated that the approval would include site- specific provisions. Mr. Rowan addressed issues related to enforcement and conditions that Woody's would have to meet prior to having a dancing permit Issued to them. If the Commission were to allow dancing, it would not necessarily result In the issuance of a dancing permit by the City; they would still need to meet the requirements per the Municipal Code and amend their present live entertainment permit and obtain an appropriate Operator's License issued by the Police Department. It was noted that regarding the operator's permit the City would provide notice that an action Is being considered to surrounding property owners. Chair Hillgren agreed with Vice Chair Tucker that the compatibility issue changed with the revised General Plan and the addition of residential uses in the area. He added that the noise issue has been resolved but stated that the fundamental use needs to be limited to weekends. Commissioner Amer! stressed that it should be specifically stated that no dancing is allowed on the patio. Chair Hillgren noted that it is specified that dancing would only be in the interior. Discussion followed regarding incorporating changes proposed by the applicant and staff to the Conditions of Approval and specifically addressing Conditions 51 and 52. Pagel 1 of 13 NEWPORT BEACH PLANNING COMMISSION MINUTES 9/5/2013 Chair Hillgren noted that he did not agree with changes requested by the applicant regarding Condition 52. He clarified the Intent of Condition 51, and modified the condition to delete the prohibition for door charge, but maintained the prohibition of minimum drink orders. Vice Chair Tucker Indicated he will not support the motion adding that it affects the quality of life in relation to the existing and future residential component and the required compatibility finding cannot be made. Motion made by Chair Hillgren and seconded by Commissioner Amer! and carried (5 — 2), to adopt Resolution No,1922 approving Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006, to allow the proposed patio cover to encroach into the bulkhead setback; extend the opening hour of the restaurant and outdoor dining area to 10:00 a.m., daily, and extend the closing hour of the outdoor dining area to 2:00 a.m., on weekends (Friday and Saturday nights); require the use of the valet parking on an as- needed basis only; and waiver of a portion of the required parking and allowing the introduction of patron dancing within the interior of the restaurant but denying the removal tables and chairs within the outdoor dining area on week nights (Sunday to Thursday nights). AYES: Ameri, Brown, Hillgren, Kramer and Lawler NOES: Myers and Tucker VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION - None ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Committee Updates: 1. Land Use Element Amendment Advisory Committee 2, General PlanlLocal Coastal Program Implementation Committee Ms. Wisneski announced an upcoming special meeting of the Planning Commission on September 11, 2013, at 4:00 p.m. in conjunction with the Balboa Village Advisory Committee and the Urban Land Institute. Additionally, she announced that on Monday, September 9, 2013, at 6:00 p.m., there will be a public information meeting in the Community Room updating the community on the outcome and recommendations by the Land Use Element Amendment Advisory Committee. She reported that staff has been having discussions with Coastal Commission staff regarding Local Coastal Program Implementation. Vice Chair Tucker addressed items for discussion on the Land Use Element Amendment Advisory Committee's upcoming agenda. Informal recommendations will be given to the Planning Commission at its meeting on September 19, 2013. ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT - None ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCE$ Vice Chair Tucker requested an excused absence for the Planning Commission meeting of October 3, 2013, Chair Hillgren noted that he will be absent for the Planning Commission meeting of September 19, 2013. IX. ADJOURNMENT There being no further business to come before the Planning Commission, the meeting was adjourned at 11:00 P.M. Page 12 of 13 B Tr0s- .1 - • 915/2013 The agenda for the Regular Meeting was posted on August 30, 2013, at 3:40 p.m., in the binder and on the City Hall Electronic Bulletin Board located in the entrance of the Council Chambers at 100 Civic Center Drive. Page 13 of 13 RESOLUTION NO. 1822 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2011 -01 AND VARIANCE NO. VA2013.006 TOMODIFY VALET SERVICE, OPENING HOURS, CLOSING HOUR OF THE OUTDOOR DINING AREA, WAIVER OF SIX PARKING SPACES, ALLOW A PATIO COVER TO ENCROACH INTO THE BULKHEAD SETBACK, A CHANGE TO OUTDOOR SEATING PLAN AND THE ADDITION OF PATRON DANCING; AND SUPERSEDING USE PERMIT NO. 3065 AND OUTDOOR DINING PERMIT NO. 1 AT AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 2318 NEWPORT BOULEVARD (PA2011.055). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Martin Potts on behalf of the Woody's Wharf Restaurant, with respect to the property located at 2318 Newport Boulevard, and legally described as Lots 6, 7, and 8, Section A Newport Beach, Block 223, requesting to amend the existing use permit to change the operational characteristics of an existing restaurant. 2. An application requesting the following changes in the operational characteristics of the existing restaurant: 1) to extend the opening hour from 11:00 a.m. to 10:00 a.m., daily; extend the closing hour of the existing outdoor dining area from 11:00 p.m. to 2:00 a.m., daily; 2) to accommodate patron dancing in the interior of the restaurant, nightly; 3) to amend the requirement for full -time valet parking service during restaurant operating hours, to only require valet services on an as- needed basis (to accommodate special events and holiday peak use); and 4) to approve a waiver of up to 6 parking spaces that results from the addition of patron dancing and eliminating valet parking service on a full time basis. The application will also eliminate conditions of approval that are duplicative and /or otherwise outdated, as requested by the applicant. 3. On July 11, 2013 an application was submitted to request a variance to construct a patio cover on the existing patio which would encroach into the bulkhead setback. The subject property is located within the Mixed Use — Water Related Zoning District (MU- W2) and the General Plan Land Use Element category is also Mixed Use — Water Related District (MU -W2). 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use — Water Related District (MU -W). 6. The construction of the patio cover will reduce the noise levels generated by patrons utilizing the outdoor patio, as documented by separate noise studies developed by the applicant and the City. Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011.010 and Variance No. VA2013 -006 Removal of tables and chairs on the outdoor patio, as proposed, will not result in increased noise levels provided the occupancy level of the patio is not increased. The current parking requirement is one (1) parking space for every 40 square feet of net public area. The net public area proposed is 1,589 square feet; therefore the parking requirement is 40 spaces. There are 26 spaces on -site (with 6 tandem spaces available only with the valet parking service) and 10 spaces annual in -lieu spaces, and a credit of 4 spaces for the boat docks is granted, for a total 40 parking spaces allocated to the use. 9. The removal of tables and chairs within the main dining room to accommodate patron dancing will result in a change In operational characteristics of the restaurant but because live entertainment is already permitted, dancing will not generate additional noise in the surrounding area. 10„ In accordance with the Newport Beach Municipal Code, on November 8, 2012 the Planning Commission conducted a public hearing and approved: 1) extending the opening hour of the restaurant and outdoor dining area from 11:00 a.m. to 10:00 a.m., daily; 2) extending the closing hour of the outdoor dining area from 11:00 p.m. to Midnight on Friday and Saturday nights; 3) the use of the valet parking on an as- needed basis; and 4) waiver of a portion of the required parking. The portion of the application that was denied included: 1) the introduction of patron dancing within the interior of the restaurant; 2) removing tables and chairs within the outdoor dining area; and 3) extending the closing hour of the outdoor dining area from 11:00 p.m, to 2:00 a.m. from Sunday to Thursday. 11, On November 26, 2012, the project applicant filed an application and letter of justification appealing the Planning Commission's decision. The City Council considered the appeal at a public hearing on March 12, 2013 and requested the Planning Commission reconsider the item on the basis that the applicant modified the application following the Planning Commission's decision. 12. A public hearing before the Planning Commission was held on September 5, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code (NBMC). Following consideration of all evidence, both written and oral, the Planning Commission at this meeting approved: 1) extending the opening hour of the restaurant and outdoor dining area from 11:00 a.m. to 10:00 a.m., daily; 2) extending the closing hour of the outdoor dining area from 11;00 p.m. to 2:00 a.m. on Friday and Satprday nights; 3) the introduction of patron dancing within the interior of the restaurant on Friday and Saturday nights; 4) removing tables and chairs within the outdoor dining area on Friday and Saturday nights; 5) the use of the valet parking on an as- needed basis; and 6) waiver of a portion of the required parking. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1- Existing Facilities. Planning Commission Resolution No, 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 Pace 3 of 16 2. This exemption applies to existing facilities where it can be demonstrated the project involves negligible or no expansion of the existing use. The change in hours of operation or addition of patron dancing does not involve an expansion or intensification of the existing use. Additionally, the change in the provision of valet parking services on an as- needed basis is consistent with the previous restaurant operations prior to acquisition by the current applicant, SECTION 3. REQUIRED FINDINGS — USE PERMIT, In accordance with Sections 20.48.030 (Alcohol Sales) and 20.52.020 (Conditional Use Permit) of the Newport Beach Municipal Code, the following finding and facts in support of such finding is set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support Finding: A -1, The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcoholic beverages is intended for the convenience of customers of the restaurant. Operational conditions of approval recommended by the Newport Beach Police Department (NBPD) relative to the sale of alcoholic beverages will ensure compatibility with the surrounding use and minimize alcohol- related impacts. A -2. Pursuant to Chapter 5.25 of the NBMC, the operator, as well as any future operators, is has been conditioned to require that the applicant, as well as any future operators, to obtain an Operator License to ensure the establishment is operated in a safe manner and compatible with the neighborhood. A -3. The subject property is located within a mixed use district developed primarily with commercial uses. Across the Rhine Channel, the closest residential district is approximately 570 feet away. To the north, the closest residential use is approximately 200 feet away and residential uses associated with the future South Coast Shipyard Project will be approximately 100 feet away. To the west, the nearest residential uses are 230 feet away; and to the north the nearest residential uses are approximately 200 feet away. The nearest park is the public beach adjacent to the West Ocean Front Boardwalk over 650 feet from the subject property. There are no day care centers, recreation facilities, places of religious assembly, or schools in close proximity to the subject property. In accordance with Section 20.52.020 of the Zoning Code, eating and drinking establishments classified as "Food Service, Late Hours" require the approval of a conditional use permit within the Mixed -Use Water Related (MU -W2) Zoning District. In accordance with Section 20.52.020.F of the Zoning Code, the following findings and facts in support of such findings are set forth: Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 Page 4 of 16 Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: B -1, The Mixed -Use Water Related (MU -W2 and MU -W) land use designations of the General Plan and Coastal Land Use Plan are intended to encourage water related uses intermixed with general commercial, visitor - serving commercial and residential uses, The operation of a "Food Service, Late Hours" use with alcoholic beverage sales is consistent with the purpose and intent of this land use designation. B -2. Food service uses are expected to be located in commercial areas, and are complementary to the existing commercial and residential uses in the area. Such uses are frequented by visitors, tenants of the nearby commercial uses, and residents alike. B -3. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: C -1. The subject property is located in the Mixed Use m Water Related Zoning District (MU -W2), and eating and drinking establishments classified as "Food Service, Late Hours" require the approval of a conditional use permit. C -2. As conditioned, the project will comply with Zoning Code standards for eating and drinking establishments. Conditions are Included related to on -sale alcoholic beverage activities, including the training of personnel, and the provision of security personnel while live entertainment is offered. C -3. Pursuant to Chapter 5.25 of the NBMC, the project has been conditioned to require the applicant, and any future operator of the eating and drinking establishment, to obtain an Operator License from the Newport Beach Police Department (NBPD) in order to maintain operating hours beyond 11 :00 p.m., to add dancing and to modify operations, as proposed. C -4. As conditioned, the proposed patio cover shall be constructed in accordance with the submitted plans and tested to confirm the expected noise reduction is provided prior to use of the outdoor patio beyond 11:00 p.m. C -5. As conditioned, the applicant shall obtain a Caf6 Dance Permit from the Newport Beach Revenue Division in order to allow patron dancing on -site. Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: D -1. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. D -2. As conditioned, the approved seating plan shall be maintained on the basis that the removal of table and chairs from the outdoor dining area increases the number of patrons in this area and likely to result in increased noise levels that will adversely Impact nearby properties and residential occupants. D -3. The dancing activities are anticipated to result in an increase in the number patrons entering and exiting the building and thereby exposing the increased noise levels of the interior and the noise generated by the live entertainment and /or dancing to the surrounding area. D -4. The existing outdoor dining patio is surrounded by glass walls which aid to minimize noise from emanating from this area, but are not adequately effective in controlling noise as evidence by noise complaints received by the Police Department and the correspondence received. D -5. The effectiveness of the proposed a patio cover has been evaluated by two acoustical engineers who indicate it will significantly reduce the noise levels from the patio area. D -6. Construction of the proposed patio cover will significantly reduce noise from the patio area to levels well below the Noise Ordinance criteria at the existing mixed use residences to the north and the future residences to the south. Therefore, extending the closing hour to 2:00 a.m. will not adversely impact nearby properties and residential occupants into the late night hours, and is a compatible activity for the neighborhood. D -7. In order to further reduce the potential impact on neighboring properties, a condition of approval is required to prohibit recorded music or other types of sound amplification within the outdoor dining area at all times. Additionally, conditions of approval require the doors exiting the building to the outdoor dining area to remain closed whenever live entertainment is performed inside the building, except in the case when persons are entering and exiting the building. D -8. The location of the valet parking pick -up and drop -off area is shielded from the residences by the restaurant building, thereby mitigating noise impacts from this activity to residential uses across and along the Rhine Channel, D -9. Adequate number of parking spaces are available on -site and the valet parking service serving the nighttime operation will prevent traffic backing up onto Newport Boulevard. The Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 waiver of a portion of the on -site parking caused by the elimination of the valet parking service during daytime hours of the operation is offset by the lower parking demand for the use based upon on -site observations and the availability of the municipal parking lots in the vicinity. The use of the valet parking service when live entertainment occurs and on an as- needed basis in the evening will maximize on -site utilization of the parking lot and in the case that the lot is full, parking is available in the municipal metered parking lot across the street (the meters are not in effect after 6:00 p.m. daily). Therefore, the waiver of 6 parking spaces for the daytime and nighttime operational periods as proposed is reasonable in this particular case. Fin_ ding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support, of Finding: E -1. This is an eating and drinking establishment that has existed in this location since the 1960's, The project site has proven to be physically suitable in size to accommodate the restaurant use. E -2. The project site is located on Newport Bay between 24th and 26th Street overlooking the Rhine Channel and is surrounded by similar commercial uses located to the north (next door), and the northwest of the use. This is an appropriate location for an eating and drinking establishment. The restaurant use is complementary to the existing commercial uses in the area, as well as convenient to serve the residential uses located to the north and east across the Rhine Channel in relation to the project site. E -3. The Traffic Engineer has previously reviewed the configuration of the parking lot, as well as the valet parking plan, and has determined the parking lot design functions safely and does not prevent emergency vehicle access to the establishment. E-4. The site is currently served by public services and utilities. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: F,1. The project has been reviewed and appropriately conditioned to ensure the continued operation of the existing eating and drinking establishment as a restaurant, and not as a bar /nightclub, will not be detrimental to the community. Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011.010 and Variance No. VA2013 -006 Paae 7 of 16 F -2. The proposed patio cover will significant reduce noise levels from the patio area and will remain within the Noise Ordinance criteria. Since the applicant has presented a physical barriers to mitigate existing or anticipated increase in noise levels associated with late night hours, an extension of the outdoor patio hours to 2:00 a,m. and the introduction of patron dancing isjusttifed. F -3. The applicant has operated the existing eating and drinking establishment in this location since 2002, and is required to proactively control noise generated by patrons of the restaurant, The operator will be required to obtain an Operator License from the NBPD in order to accommodate the proposed closing hour beyond 11:00 p.m. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the existing establishment, and will provide the NBPD with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations if objectionable condition occur. SECTION 4. REQUIRED FINDINGS —VARIANCE In accordance with Section 20.52.090 (Variance) of the Newport Beach Municipal Code, the following finding and facts in support of such finding is set forth: Finding: A. There are special or unique circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification. Facts in Support of Finding: A -1. The location of the subject property is unique in that it is located on the bay where a bulkhead exists. The patio cover is proposed to mitigate noise generated on an existing patio which encroaches into the 10 -foot bulkhead setback. Covering the patio to implement the desired mitigation necessitates an encroachment into the bulkhead setback. Finding: B, Strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zoning classification. Facts in Support of Finding: B -1. Two parcels located north of the subject property are also constructed at the bulkhead. American Junkie, located immediately to the north, also has an outdoor patio located at or beyond the bulkhead line which is not covered. Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 Pape 8 of 16 Finding: C. Granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the applicant. Facts in Support of Finding: C -1, The applicant seeks to construct a patio cover to mitigate noise generated by the use of an existing outdoor patio. Allowing the cover 'to be constructed within the setback area is anticipated to reduce noise complaints and allow the patio area to be used until 2:00 a.m., daily. Without the patio cover in place, the outdoor area will be restricted to 11:00 p.m., daily. Finding: D. Granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. D -1. Two parcels located north of the subject property are also constructed at the bulkhead. American Junkie, located immediately to the north, also has an outdoor patio located at or beyond the bulkhead line which is not covered. Facts in Support of Finding: Finding: E. Granting of the Variance will not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood. E -1. Two parcels located north of the subject property are also constructed at the bulkhead. American Junkie, located immediately to the north, also has an outdoor patio located at or beyond the bulkhead line which is not covered. Facts in Support of Finding: Findina: F. Granting of the Variance will not be in conflict with the intent and purpose of this Section, this Zoning Code, the General Plan, or any applicable specific plan. Facts in Support of Finding: F -1. The encroachment would allow for a patio cover to encroach into the bulkhead setback. The patio cover is an accessory structure which will not extend the useful life of the primary structure. Planning Commission Resolution No. 1922 Conditional • r1 1-010 and Variance No. 1 IIr Page of 16 SECTION 5. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Use Perrnit No. UP2011 -010 and Variance No. VA2013 -006, to 1) extend the opening hour of the restaurant and outdoor dining area from 11:00 a.m. to 10 :00 a.m., daily; 2) extend the closing hour of the outdoor dining area from 11:00 p.m. to 2:00 a.m. on Friday and Saturday nights; 3) introduce patron dancing within the interior of the restaurant on Friday and Saturday nights; 4) remove tables and chairs within the outdoor dining area on Friday and Saturday nights; 5) use of the valet parking on an as- needed basis; and 6) waiver of a portion of the required parking subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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. 3. This resolution supersedes Use Permit No. 3065, 3065 (amended); and Outdoor Dining Permit No. 1, which upon vesting of the rights authorized by this Conditional Use Permit No. UP2011 -010 and Variance No. VA 2013 -006 shall become null and void. PASSED, APPROVED AND ADOPTED THIS 5t' DAY OF SEPTEMBER, 2013. AYES: Amed, Brown, Hillgren, Kramer, and Lawler NOES: Myers and Tucker ABSTAIN: None ABSENT: None MR TZ'6; /- ° 1, Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 Pace 10 of 16 EXHIBIT "A" CONDITIONS OF APPROVAL (Project - specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (Except as modified by applicable conditions of approval). Prior to implementation of the activities approved by this application, the applicant shall submit a revised floor plan for approval by the Community Development Director that reflects the limitations and restrictions imposed by the conditions of approval. 2. Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 shall expire unless exercised within 24 months from the date of approval as specified in Section 20,54.060 of the Newport Beach Municipal Code (NBMC), unless an extension is otherwise granted. The hours of operations of the restaurant shall be limited to between 10:00 a.m. and 2:00 a.m., daily. The hours of the outdoor dining area are limited to 10:00 a.m. and 11 :00 p.m, daily, however, Friday and Saturdays closing may be extended to 2:00 a.m. The applicant/operator, including any future operator, shall secure and maintain an Operator License issued by the Chief of Police, pursuant to Chapter 5.25 of the NBMC. In no case shall the eating and drinking establishment be permitted to operate beyond the hour of 2 :00 a.m., daily. 4. All doors and windows of the interior, including the patio cover, of the eating and drinking establishment shall remain closed whenever live entertainment occurs after 10 :00 p.m., except for the ingress and egress of patrons and employees. Doors shall not be propped open, or remain open longer than necessary, to allow for the ingress and egress of patrons and employees. 5. The Operator License required to be obtained pursuant to Condition No. 3 and Chapter 5.25 may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the establishment. 6. Full meal service shall be provided and available for ordering until 10 p.m. and an abbreviated menu that includes heavy appetizers after 10 p.m. daily and serving until a half - hour before closing. The outdoor dining area shall be used in conjunction with the eating and drinking establishment. No special events /promotional activities shall be allowed within the outdoor dining area. 8. The outdoor dining area shall be limited to 709 square feet in area. Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 9. The outdoor dining area shall be limited to a maximum of 66 seats, including disabled seat0able space, consistent with the floor plans as approved by Plan Check set of plans PC1141 -2011. The seating and dining in the outdoor dining patio shall be limited to dining table height (approximately 30 inches) and the use of the elevated counters and barstools is prohibited. Removal of dining tables and chairs shall be prohibited between Sunday to Thursday. 10. All employees shall park on -site or in the municipal parking lots In the vicinity. 11. The net public area of the interior portion of the eating and drinking establishment shall not exceed 1,173 square feet and the outdoor dining area shall not exceed 709 square feet for a total of 1, 882 square feet of net public area. 12. A minimum of 26 parking spaces shall be provided on -site and payment of in lieu parking fees for 10 spaces for the operation of the eating and drinking establishment. A total of 40 parking spaces shall be provided on -site and by payment of in lieu fees (annually for four parking spaces) for all hours of operation of the establishment (one parking space for each 40 square feet of net public area, 1,689 sq. ft.). Valet parking service shall be provided whenever live entertainment occurs and on an as- needed basis. 13. The applicant/operator shall conspicuously post and maintain signs at all outdoor dining, waiting, smoking and parking areas indicating to patrons the proximity of the restaurant and public dock and boat slip areas to the residential areas, requesting patrons: `Be courteous and respectful of our residential neighbors while outside the establishment ". 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval, 15. The applicant/operator 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 Conditional Use Permit. 16. The applicantloperator shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. 17. 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. 18. This Conditional Use Permit and Variance 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. 19. Approval of Conditional Use Permit No. 2011 -010 is for the operation of an eating and drinking establishment defined as "Food Service, Late Hours" per Title 20 of the NBMC, Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 Page 12 of 16 and does not permit or authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 20. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 21. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application, and may require the approval of the Planning Commission. 22. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 23. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 24. The washing of the outdoor dining patio with any cleaning solutions or the use of high pressure or steam cleaning devices is prohibited. 25, lighting shall be in compliance with applicable standards of the Zoning Code. 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 Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 26. All noise generated by the existing eating and drinking establishment use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of commercially zoned property: 65 dBA 60 dBA Measured at the property line of residentially zoned property: 55 dBA 50 dBA Measured in the interior of a 45 dBA 40 dBA Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 residential structure 27. Prior to issuance of building permits, the construction plans and materials for the proposed patio cover shall be reviewed by an acoustical engineer retained by the City to verify the potential to mitigate the noise levels. 28. Prior to certificate of occupancy for use of the outdoor patio beyond 11:00 p.m., an acoustical engineer retained by the City shall conduct noise measurements around the enclosure, at the property lines, and at the residential uses in the vicinity to verify compliance with the applicable noise control requirements of the Newport Beach Municipal Code. 29. The applicantloperator of the facility shall be responsible for and shall actively control any noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. 30. 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. 31. Live entertainment shall be allowed in the interior of the eating and drinking establishment in conjunction with the operator obtaining and maintaining a live entertainment permit from the City. In conjunction with the approval of this use permit, the operator shall amend the existing live entertainment permit consistent with the conditions of approval and the authorized operational changes. 32. No outside paging system or loudspeaker device shall be used in conjunction with this establishment. 33. No live entertainment shall be permitted in the outdoor dining area. Recorded music or other types of sound amplification within the outdoor dining area shall only be audible to the audience within this area, and shall cease after the hour of 10 :00 p.m. daily. 34. Dancing shall be allowed on the premises only in conjunction with the issuance of a Cafe Dance permit by the City Manager or designee, if applicable. 35. The applicant/operator 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 (NBPD). The procedures included in the plan and any recommendations made by the NBPD shall be implemented and adhered to for the life of the Conditional Use Permit. 36. 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. 37. 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, Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 Paae 14 of 16 38. The applicant/operator 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 Code Enforcement Division. 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). 39. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. the following morning, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 40. 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. 41. No recreational vehicles, boats, food trucks, portable street kitchens or similar vehicles shall be stored at any time at the subject site. 42. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 43. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 44. All exits shall remain free of obstructions and available for ingress and egress at all times. 45. Strict adherence to maximum occupancy limits is required. 46. The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 47. All owners, managers and employees selling, serving or giving away alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 48. 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 or commission to a promoter or any other person based upon money collected as a door Planning Commission Resolution No, 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 Pace 15 of 16 charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 49. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 50. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except in conjunction with food service available from the full service menu, There shall be no reduced price alcoholic beverage promotion after 10:00 p.m. 51. "Minimum drink orders are prohibited. 52. 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 NBPD on demand. 53, No on -site radio, television, video, film or other media broadcasts from the establishment that includes the service of alcoholic beverages shall be permitted without first obtaining an approved Special Event Permit issued by the City. This prohibition of media broadcasts includes recordings to be broadcasted at a later time, 54. All signs shall be in conformance with the provisions of Chapter 20.42 of the Newport Beach Municipal Code. 55. 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. 56. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 57. A modification is required to be filed with the Building Division, for compliance to Section 705.11 of the California Building Code. 58. Occupant Load shall be maintained at 164 Occupants total for all areas. 59. Accessibility upgrades shall be required pursuant to Section 1134.2.1 of the California Building Code. 60. Submit architectural and structural plans and calculations for plan review. Two (2) building permits shall be required for the installation of two awnings. Awnings shall meet the requirement for Class A roofing. Planning Commission Resolution No. 1922 Conditional Use Permit No. UP2011 -010 and Variance No. VA2013 -006 61. Awnings and canopies shall be designed and constructed to withstand wind or other lateral loads and live loads as required by California Building Code Chapter 31 Section 3105.3. 62. Canopies shall be constructed with an approved covering that meets the fire propagation performance criteria of NFPA 701 or has a flame spread index not greater than 25 when tested in accordance with ASTM E 84 or UL 723 as per C.B,C Sec. 3105.4. 63. Occupant load and seating arrangement under new exterior awning area must meet California Building Code Chapter 10. These items will be reviewed at the time of plan check. 64. To the fullest extent permitted by law, applicant/operator shall lndemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the subject restaurant facility (currently operating as Woody's Wharf Restaurant) including, but not limited to, the Use Permit No. 2011 -010 and Variance No. VA2013 -006. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant/operator, City, and /or the parties initiating or bringing such proceeding. The applicant/operator 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/operator shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 10/3113 City of Newport Beach : Plan Check Status Plan Check Submittal Information Plan Check Number 0597.2013 Status Description Street No. Street Name Applied Approved Expired Plan Checked By APPROVED COMM - n "AMERICAN JUNKIE" 410 SF 2106 NEWPORT BLVD 3/21/2013 5/29/2013 9/17/2013 CHO Click here to view Plan Check Cornmenis Plan Check Latest C.nmment / Artinn Street Dir Date--71 Division Action T lEntered by 05/22/2013 BUILDING READY FOR ISSUANCE JMS 05/14/2 L PLANNING Approved JG 05/10/2013 FIRE Approved TL 05/09/2013 PUBLIC WORKS Approved DK 05/08/2013 ELEC /MECH /PLUM Approved — BE Plan Check History Date Division Action T Entered by 05/22/2013 BUILDING READY FOR ISSUANCE JMS 05/22/2013 BUILDING Approved CEO 05/14/2013 BUILDING Partial Approval CHO 05/14/2013 PLANNING Approved JG 05/10/2013 FIRE Approved TL 05/10/2013 PLANNING Corrections Required JG 05/09/2013 PUBLiC WORKS Approved DK 05/09/2013 BUILDING i1corrections Required CHO^ 05/08/2013 ELEC /MECH /PLUM Approved BE 04/17/2013 PUBLiC WORKS Corrections Required DK 04/15/2013 PUBLiC WORKS Plan Check Pending DK _.__ -._ The above plan review status reflects the last 10 activities of the relevant division when entered in the system. Additional Plan Ch�e�cksj 0 I www. newportbeachca .gov/indexaspx?page =1060 212 J' � -% N'F.K'r.bgJ 4 CITY OF NEWPORT BEACH U > COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DIVISION 3300 Newport Boulevard I P.O. Box 1768 j Newport Beach, CA 92658 www.newportheachca.gov ( (949) 644 -3200 TENANT IMPROVEMENT PLAN REVIEW COMMENTS Project Description: TI Restaurant Project Address: 2406 Newport Blvd Permit App. Date: 3/21/2013 Dec. Group: A -3 Occ. Load: 57 (1 54r) Stories: 2 Fire Sprinklers: Y (1 -hr) Architect/Engineer: Dustin Curtis Applicant/Contact: Sean Meehan Plan Check Engineer: Soon Cho Engineer's email: scho@new ortbeachca.gov 1st Review: (3/21/13) 2nd Review: Italic comments Plan Check No.: 0597 -2013 Permit Valuation: $80,000 Type of Const: VA Sprinkler Expires: Phone: 602 - 266 -2712 Phone: 714 - 841 -6240 Phone: 949- 644 -3281 3`d Review: By Appointment The project plans were reviewed for compliance with the following codes and standards: 2010 CBC; 2010 CPC; 2010 CEC; 2010 CMC; 2008 Building Energy Efficiency Standards (BEES) & Chapter 15 of the Newport Beach Municipal Code (NBMC). The code section references are from the 2010 CBC, unless otherwise stated. • TO EXPEDITE PROJECT APPROVAL: Please provide a written response indicating how and where each comment was resolved on the plans. • Resubmit all previously reviewed plans, updated plans and supporting documents with each subsequent review. • AFTER 2"d PLAN REVIEW: Please call the plan check engineer listed above to schedule a plan review appointment, to expedite project approval. • For clarification of any plan review comment, please call the plan check engineer listed above. • Plan review status is available online at www.newoortbeachca.aov Project status is also available using the interactive voice response system at 949 - 644 -3255, or by speaking with a permit technician at 949 - 644 -3288 during business hours. Cart Usffmant knprovement PIa RmlewGomments 1012011 GENERAL 1. Obtain plan review approval from the following: a. Building Division — EMP Plan Review, b. Fire Department, c. Planning Division, d. Orange County Health Department. 2. Final drawings which will be approved for permit issuance shall be signed by the respective design professionals FLOOR PLAN & MISC. CONSTRUCTION DETAILS Calculate the maximum occupants for each conference room, dining room, waiting area and similar assembly uses. Include the floor area, occupant load factor and total occupants for each area on the floor plan. Table 1004.1.1 a. The occupancy should not exceed what planning dept allows. ADDITIONAL COMMENTS DINING. BANQUET & BAR FACILITIES 6. Provide seats /spaces for people using wheelchairs (at least one space for each 20 seats, with at least one space per functional area) integrated with general seating to avoid having one area specifically highlighted as the area for person with disabilities. (I 104B,5.4) 7. Access to disabled seating shall be provided with main aisles not less than 36" in clear width. (11048.5.4) Corr List \Tenant Improvement PlanReviewComments 10/2011 NONRESIDENTIAL ZONING CORRECTIONS PLANNING DIVISION PLAN CHECK NO. 0597 -2013 o' -t.i o 100 Civic Center Drive I P.O. Box 1768 GO;, n Newport Beach, CA 92666 AIC NO. -+. 949.644.3204 or wwwnewpgrtheachca.gov FIRST CORRECTION DATE 03 -29 -2013 °�aFan'op Plan Checker: Jay Garcia, Senior Planner Phone No: 949.644.3206 Fax No. 949.644.3203 Email Address: jgarcia @newportbeachca.gov Date: 03 -29 -2013 Overtime PC: ❑ Address: 2406 NEWPORT BLVD APN: NOTE: If you have questions regarding your plan check, please contact me at my email address or direct line listed above. CORRECTIONS REQUIRED: "1" = First Review "2" = Second Review "3" = Third Review (Other symboUabbreviation might be used, e.g., * ) COVER SHEET Zone /P.C. Text: MU -W2 Setback Mao No: General Plan Land Use: MU -W2 Proposal: ❑ New ❑ Addition ® Alteration FLOOR PLAN CHANGES AS PROPOSED MAY REQUIRE AMENDMENT OF THE USE PERMIT ® Other TENTATIVE REVISION TO SIGN PROGRAM- AMENDMENT TO Comp Sign Program Required 1 • Indicate the scope Of work and use of the structure on the Cover sheet: REMODEL FIRST FLOOR 2. Indicate the use of the structure or tenant and suite number on the cover sheet: 3. Indicate the Zone and General Plan land use designation on the cover sheet of the plans: 4. Provide existing and proposed square footage calculations on the cover sheet: 5. Provide existing and proposed parking calculations on the cover sheet: LEGAL DESCRIPTION Lot: PARCEL 1. Bak: Section: PARCEL MAP 57/25 Indicate the legal description on the cover sheet: Other: 6 Comments: PROJECT COMMERCIAL ZONING CORRECTIONS 1Conf'� COASTAL COMMISSION REVIEW The California Coastal Commission reviews projects within the Coastal Zone to determine compliance with the California Coastal Act, COASTAL ZONE: ❑ YES ❑ EXCLUSION ZONE ❑ NO 7 Exempt because: 8. Waiver No: Effective Date: 9. AIC No: Coastal Development Permit No: _ Effective Date; 10. Coastal Approval Letter (all pages) to be bluelinedfblacklined into plans. 11. Comments: DISCRETIONARY ACTION 12 1 Application required: AMENDMENT TO USE PERMIT reason: CHANGE NOT IN SUBSTANTIAL CONFORMANCE WITH APPROVED PLAN 11 ❑ Please make an appt with: Phone: EmaiE: 14. 1 Previous Discretionary Approvals: 1. Application Type USE PERMIT No. 1581 AMENDED For: FULL SERVICE RESTAURANT 2. Application Type COMP SIGN PROGRAM NO.7-S2008 -004 (PA2008 -129) For: 3. Application Type No. For: 4. Application Type No. For: 5. Application Tvpe N(L- For: 1s. 1 Reference the previous discretionary approvals on the cover sheet of the plans. 16. 1. Blueline (copy) resolutiontapproval letter into the drawings. ® Copy attached 17. 1 Compliance with the following Conditions of approval Is required: REFER TO USE PERMIT ATTACHMENT 18. 1 HOLD ON FINAL. The following items must be completed before the building permits are finaled: COMPLIANCE WITH USE PERMIT APPROVAL 19. 1. Comments: PLEASE CALL TO DISCUSS THE CORRECTIONS CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) 20. The project is exempt per Class 1, EXISTING FACILITIES under CEQA 21. Please provide an environmental information form, attached. Further CEQA analysis may be required for the proposed scope of work. 22. Comments: LOT OR PARCEL STATUS -TITLE 19 (SUBDIVISIONS) OF THE N.B.M.C. 23. No person shall develop any structure including, but not limited to, a principal or accessory structure across a lot line per Section 19.04.035 (Development Across Property Lines) of the Subdivision Code. Please apply for a Parcel Map, Lot Merger, Lot Line Adjustment, or Certificate of Compliance to address underlying legal lot lines. 24• Comments: Last revised 10/18/12 F:\ Usem% CDD \Shared\AdminlPlanning_Divisionl Current_ Templates \ComZnCor- Online_Template Page 2 of 9 COMMERCIAL ZONING CORRECTIONS (Cont d) REQUIRED FEES -FEE SCHEDULE 25. Fair share Fee Contribution: _ 26. San Joaquin Hills Transportation Corridor Fee: 27• Comments: SITE PLAN 28. Provide Site Plan /Plot Plan, and Floor Plans, fully dimensioned. 29. Show the location of all buildings on -site and dimension distance to property lines. 30. Dimension the distance from face of curb to front property line (verify with Public Works). 31. Indicate the second and third floor footprints (if applicable). 32. Dimension all projections, label distance(s) to property lines. 33. Dimension the distance between buildings. 34• 1 Comments: MINIMUM OF 45 PARKING SPACES REQUIRED. SEE ATTACHED CONDITIONS OF APPROVAL THAT APPLY TO THE SUBJECT RESTAURANT USE. PLEASE SCHDULE AN APPOINTMENT TO DISCUSS THE CONDITIONS OF APPROVAL. PROPERTY LINES 35. Dimension the property lines on the site plan. 36. Property lines should be consistent with the assessor's parcel map or recent topographic boundary survey for the subject property. 37. Comments: REQUIRED SETBACKS Setbacks are measured from property line to finished surface of structure, unless otherwise specified. Front: Left Side: Right Side: Rear: Other: 38. 1 Comments: EASEMENTS Easement(s) on -site: ❑ Yes ❑ No ❑ Verify with Public Works 39. Indicate the location of easement(s) plotted on site plan. 40• Comments: Last revised 10/18/12 F:\Users%C DD \Shared\Admin\ Planning_ Dhisionl Cunenl_ TemplateslComZnCor- Online_Template Page 3 of 9 COMMERCIAL ZONING CORRECTIONS (0 td) Last revised 10/18112 F:\ UserakCDDIShamdlAdminlP lanning_Divi sionlCuffent_ Templates %ComZnCor- Online_Template Page 4 of 9 PARKINGITRAFFICICIRUCLATION- CHAPTER 20.40 (OFF- STREET PARKING) OF THE N.B.M.C. PARKING RATE: x SO Ff. REQUIRED PARKING Retail (1/250 sq ft gross floor area): _ Office (1/250 sq ft net floor area): _ Medical Office (1/200 sq it gross floor area): _ 41. 1 Restaurant (By use permit, 1130 to 1/50 sq it net = public area): Other: SEE ATTACHED USE PERMIT REQUIREMENTS _ TOTAL: 42. Comments: LANDSCAPING- CHAPTER 14.17 (WATER- EFFICIENT LANDSCAPING) OF THE N.B.M.C. Applies to landscape installation projects requiring a ministerial or discretionary permit and /or design review and are: 1. Developer- provided > 2,500 sq ft 2. Rehabilitation landscape installation projects which meet the applicability criteria (above), are 50% of the total landscaped area on the property, and the modifications are planned to occur within one year. New Landscapes: 43. —total sq ft of existing landscaped area —total sq ft of new landscaped area Rehabilitated Landscapes: 44_ _ total sq ft of existing landscaped area total sq ft of rehabilitated landscaped area _ % of total landscaped area on site to be rehabilitated 45. Comments: TRASH - SECTION 20.30.120 (SOLID WASTE AND RECYCLABLE MATERIALS STORAGE) OF THE N.B.M.C. 46. TRASH AREA Indicate the location of the trash area on the site plan or floor plan. 47. TRASH ENCLOSURES Must have walls on three sides, gate(s), and must be covered. If new, must be constructed on a raised foundation with a drain going to the sewer system. Show detail(s) on plans of how these standards will be accomplished. Details should indicate height, width, and depth. 48. Comments: SITE LIGHTING - SECTION 20.30.070 (OUTDOOR LIGHTING) OF THE N.B.M.C. 49. Outdoor fighting fixtures must be designed, shielded, aimed, located, and maintained to shield adjacent properties and to not produce glare onto adjacent properties or roadways. Parking lot light fixtures and light fixtures on buildings shall be full cut -off fixtures. 50• Please provide a photometric study. 51. Light spillover may not exceed one foot - candle at the subject property line. Last revised 10/18112 F:\ UserakCDDIShamdlAdminlP lanning_Divi sionlCuffent_ Templates %ComZnCor- Online_Template Page 4 of 9 COMMERCIAL ZONING CORRECTIONS (Cont'd) Last revised 10/18/12 F:\UserslCDDlSharedlAdmin% Planning_ Division %Curmnt_TemplaleslComZnCor- Online Template Page 5 of 9 PARKING AREAS. Light standards shall be the minimum height required to effectively illuminate the parking 52. area and eliminate spillover of light and glare onto adjoining properties and roadways. As a result, a greater number of shorter light standards are required as opposed to a lesser number of taller standards. 53. Comments: OUTDOOR STORAGE AND DISPLAY- SECTION 20.48.140 (OUTDOOR STORAGE, DISPLAY, AND ACTIVITIES) OF THE N.B.M.C. Outdoor display, sales, and storage must be accessory to an allowed use in the zoning district and must be 54 screened with fences, walls, hedges, or other materials. Fences or walls shall screen a display /sales are located on the side of a lot that abuts residentially zoned lots. Indicate the maximum height and location of screening materials and storage equipment on -site. 55. Outdoor storage is only permitted within setback areas in compliance with Subsection 20.30.110.13 (Allowed encroachments into setback areas). Outdoor display and sales areas must be on private property and may not encroach on required parking areas 56. or landscaped areas. Displayed merchandise may not obstruct traffic sight areas, encroach upon landscaped areas, driveways, parking spaces, or pedestrian walkways, or otherwise create hazards for vehicle or pedestrian traffic. 57. Comments: ACCESSORY STRUCTURES 58, SITE WALLS Label the height, length, and location of all fences, walls, and self - closing /self- latching gates on the subject property. 59. ADD THE FOLLOWING NOTE ONTO SHEET NO.— "Pools, spas, walls, fences, patio covers and other freestanding structures require separate reviews and permits." 60. Comments: FLOOR PLANS 61. Provide floor plan(s) fully dimensioned showing all room uses for all buildings on -site. Provide existing and proposed floor plans fully dimensioned showing all room uses for all buildings on -site. 62. 1 ALSO INCLUDE NET PUYBLIC AREA CALCULATIONS FOR EXISTING AND PROPOSED FLOOR PLANS. 63. Plot property lines all floor plans with setbacks called out. 64. Comments: FLOOR AREA RATIO (FAR) 65. Lot Size: _ square feet Lot Dimensions: FAR: 66. Nonresidential: Residential: Mixed -use Total: 67. Proposed Gross Floor Area: _ square feet 68. Proposed Net Floor Area: square feet Last revised 10/18/12 F:\UserslCDDlSharedlAdmin% Planning_ Division %Curmnt_TemplaleslComZnCor- Online Template Page 5 of 9 COW RCIAL ZONING CORRECTIONS X4nYr!} 69, Provide tissue overlay of calculations verifying proposed square footage (show dimensions & calculations on tissue). 70. Comments: EXTERIOR ELEVATIONS /SECTIONS HEIGHT /GRADE - SECTIONS 20.30.050 (GRADE ESTABLISHMENT) AND 20.30.060 (HEIGHT MEASUREMENT) OF THE N.B.M,C, *Measured from average grade to ridge of sloped roof or top of flat roof or other flat element (e.g. parapets). +Code allows an additional 5 feet to the peak of the ridge provided the roof is a minimum 3:12 slope. *Heights are measured to the top of all finished materials. Height Limit/Midpoint: _ feet Allowable Ridge Height: — feet GRADE (less than five percent slope): Four points of polygon taken from topographic survey averaged to 71. determine grade: (1. +2. +3. +4. )!4= GRADE (greater than five percent slope): Please provide sections of the property at five evenly spaced intervals along the property. The first and last section shall be located at the intersection of the front and rear setback line 72. with the side property line, respecfively. The sections shall demonstrate the existing natural grade per the topographic survey and the proposed structures compliance with the height limit measured from the grade lines on each section. The height will be measured from 9.0 (NAVD 88 datum). No habitable space for commercial and residential land uses shall have a finished floor elevation below the elevation established by the Flood Insurance Rate 73• Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council per Section 20.30.060.8.3 (Flood Hazard Areas) of the N.B.M.C. Notwithstanding the building elevations established by the Flood Insurance Rate Maps, the minimum required ground floor finished elevation for interior living areas of all new structures shall be at least 9,00 (NAVD 88). 74. Provide topographic survey to establish existing /natural grade points on the parcel. 75• Plot roof plan over topographic survey to assist with determination of existing natural grade points located directly below all ridge peaks, midpoints, flat roof areas and/or parapets. 76. Label grade below at top of any ridge, parapet, etc. 77• Dimension heights from grade to: ❑ ridge peak ❑ any flat elements 78. Provide a roof plan. 79. Label and dimension roof pitches on roof plan and elevations. 80. Label and dimension eave overhang to property line on all exterior elevations. 81 Label and dimension highest point of ❑ all roof top equipment ❑ deck rails ❑ other: _ • Rooftop equipment or screening structures may not exceed the height limit 82. Comments: OTHER SIGNS - CHAPTER 20.42 (SIGN STANDARDS) OF THE N.B.M.C. Last revised 10/18112 F: lUsersiCDD \SharedVAdmin \Planning_Dhdslon% Current_ TemplateslComZnCor- Ontine_Temptate Page 6 of 9 COMMERCIAL ZONING CORREC71ONS XonYd7 83. 1 All signs shall be in compliance with Chapter 20.42 of the Zoning Code or an approved sign program and require separate review and permits. ADD THE FOLLOWING NOTE ONTO SHEET NO._ "Signs under separate reviews and permits." SEE ATTACHED SIGN PROGRAM AND CONFORM TO THE APPROVED PLAN. 84. 1 Comments: IN ORDER TO DEVIATE FROM THE APPROVED SIGN PROGRAM WILL REQUIRE AN AMENDMENT TO THE COMP SIGN PROGRAM. CONTACT ME TO DISCUSS AND OBTAIN AN APPLICATION TO AMEND THE CURRENT APPROVAL. RESTAURANTS - SECTION 24.4 8.090 (EATING AND DRINKING ESTABLISHMENTS) OF THE N.B.M.C. 85. 1 Proposed Net Public Area: Square feet 2, 547 ALLOWED BY USE PERMIT 86. Proposed Outdoor Patio Area:.,._ square feet 87. Proposed Seating: _ indoor_ outdoor 88• Hours of Operation: SEE USE PERMIT 89. Alcohol License Type: 90. 1 WASHOUT AREA. Label the required washout area for floor mats and trash containers. The area must be a minimum unobstructed size of three feet wide by three feet deep by six feet high. Label the dimensions on the plans and show how the wash out area drains to the sewer system on the plumbing plans. 91. 1 GREASE INTERCEPTOR. On the plumbing plans, indicate where the grease interceptor is located and how it connects to the sewer system. n 92. Comments: SEE ATTACHED APPROVAL REFERENCING THE USE PERMIT NO. 1581 AND ITS AMENDMENTS THAT ARE CURRENTLY APPLICABLE. PROVIDE NET PUBLIC AREA CALCULATIONS. MIXED -USE PROJECTS - CHAPTER 20.22 (MIXED -USE ZONING DISTRICTS) OF THE N.B.M.C. DENSITY Minimum lot area per unit: _ Maximum lot area per unit: No. of Units Allowed: No. of Units Prod: Demo Proposed ❑ Yes No No. of units to be demolished 93. Comments: GROSS FLOOR AREA 94. Proposed Gross Floor Area (unit 1): _ square feet Proposed Gross Floor Area (unit 2): _ square feet Proposed Gross Floor Area (unit 3): _ square feet 95. Comments: OPEN SPACE • Open space must be located within the buildable envelope (within the setback; under the height limit) Open space must be open on a minimum of one side 96 COMMON OPEN SPACE: Common open space must provide a minimum 15 -foot length and width dimension Requirement = 75 sq ft/ unit x _ units = _ square feet Last revised 10/18/12 F:% UsmkCDDlSharedVAdmintPlanning_ OlvisionlCurrent_ TemplateslComZnCor- Online_TemPlate Page 7 of 9 COMMERCIAL ZONING CORRECTIONS (COW'di 97. Common open space provided = cubic feet PRIVATE OPEN SPACE: 5 percent of the gross floor area/unit. Private open space must provide a minimum 6- foot length and width dimension. 98. Requirement (unit 1) = .05 x _ sq It = _ square feet Requirement (unit 2) = .05 x _ sq it = square feet Requirement (unit 3) = .05 x _ sq It = square feet Private open space provided (unit 1) = _ cubic feet 99• Private open space provided (unit 2) = _ cubic feet Private open space provided (unit 3) = _ cubic feet 100. Comments: PARKING REQUIREMENTS The following dimensions are examples of minimum parking spaces by lot depth per Section 20.40.090.A of the Zoning Code: *35' minimum depth for tandem parking 30 feet or less 30.1 — 39.99 feet 40 feet or more • 9' -3" x 19' single -car garage space* • 10'x 19' single -car garage space* • 10' x 20' single -car garage space* • 17-6'x 19 two -car garage space • 18'6 "" x 19 two -car garage space` • 20'x 20" two -car garage space.* 101 Label interior dimensions of the garage free of all obstructions such as cabinetry, appliances, steps, posts, etc. (one riser is allowed, maximum 6 inches high, encroaching no more than 18 inches into garage). As a condition of approval for condo development, a two -car garage shall be physically divided so each condo 102. has the use of a single -car garage having minimum unobstructed dimensions of 9' -3" by 19' -0 ". Narrow lots will require a Modification Permit if the width cannot be accomplished. This does not change the required number of parking spaces per unit. 103. Comments: REQUIRED FEES -FEE SCHEDULE 104. Park Dedication Fee: 105. In -lieu Housing Fee: 106. Comments: MISCELLANEOUS 107. Covenant required. Please have the property owner's signature notarized on the attached document and return with the filing fee payable to the Orange County Clerk Recorder, INTERIOR FIREPLACES The overall chimney height for an interior fireplace is permitted to exceed the height limit by two feet above the roof plane plus an additional 12 inch maximum for the cap /spark arrestor. 108. The additional 12 inch section is not only limited in height but also to 2 feet by 4 feet in width and depth. In addition, the chimney must be located a minimum distance of 10 feet from the nearest roof plane. Label dimensions of the chimney plus any portion of the caplarrestor. 109_ EXTERIOR FIREPLACES Exterior fireplaces, barbeques, pizza ovens, and similar structures are not permitted within the side and rear setbacks. 110. ACCESSORY STRUCTURES Exterior fireplaces, barbeques, pizza ovens, and similar accessory structures, cannot exceed height limit. Please label height from natural grade below to highest point of structure. ASSOCIATION APPROVAL (ADVISORY) Issuance of a Building Permit by the City does not relieve 111. applicant of legal requirement to observe covenants, conditions and restrictions which may be recorded against the property or to obtain community association approval of plans. Last revised 10/18/12 F3UserslCDDlSharedlAdminlPlanning_ DivisioniCurrent _TemplateslComZnCor- Online Template Page 8 of 9 112, Comments: COMMERCIAL ZONING CORRECTIONS (Cont'd) Last revised 10/18/12 F: \Users \CDD\Shared\Admin \Planning_ Division\ Current _Templates \ComZnCor - Online Template Page 9 of 9 (.; C)Mh91S910hlU8 RCi_.L CALL Mliq li f L ?:S June 22, 1909 O Y OF NEWPORT T ACH � ~ That the structure to rear of the subject property is located more than 30 feet from the proposed nstruction, B, That @ p7:opoead strucCUty is substantially 0,linanceWer Ill height; 4ltan permitted b the Zoning GC1,t�ll,�.T�It)Ny L That development sig l be in substantial conformance with the app. ved plot plan, floor plans and elevations, 21 That the applicants shall TMe !;Cain ex d the landscaping botwcon the throe car 'g�. �Logo rntd the rear property line, and if any trees dRe,, said to :oes shall. be replaced with 15 gallon Lreea on miniunun heights of 6 feet to B feet, lase Yer t�1t No 15Q1 A�endo�)ipublie Heerine) Request to aiitend a previously approved use permit which permitted the establishment of the Red Onion Restaurant with live entoetainment and on -sal.e alcoholic beverages on property located in the SP -6 District, The proposed amendmont involves a request to add dancing in conjunction With the live entertainment loeatod Wit-bin the upstairs lounge area. Said dandn1:30ilabe 1•nnlghtlyto the ehours between 1.0;00 p.m' kitchen and dining areas are cleaed, LOCATION; Parcel No, 1 of Paroel Nap 57 -25 (Resubdivision No, 375) 'Located at 2406 NFtvport Boulovard, oai the easterly side of Newport Boulevard, southerly of 26th Street, on the Balboa Peninsula. ZONE: SP -6 APPLICANTS: Steve and Rick Loomis (The Rod Onion), Newport Beach ONNBR: Airs, Jean Belden, Netvport Beach The public hearing was opened in connection with this a- INDEX Xtcm Na,3 uPI5Sla &rovad CUfviMISSIONEAS 1 OL1 CALL June 22, 1.989 U Y OF NEWPORT BEACH item, and VMessrs., stave and Rick Loomis, applicants., appeared before the planning Commission. They concurred with the findings and conditions in Cxhibit "A ", 14r, Rick Loomis requested clarification of Condition No, 9 with respect to Coastal Commission approval, James Howickex', planning Director, explained that the condition ii a formality and puts the applicants on notice that any discretionary action approved by the City requires action by the Coastal. Commission, commissioner Dobay referred to the staff report addendum that lists the offenses and the number for each offense at the Red Onion Restaurant, submitted by the Police Department as the result of consumption of alcohol from January, 19881 to June 9, 1989, Commissioner IIObay asked how the bartender screens the amount of alcohol served to the customers, Steve Loomis stated that the valet attendants, management, and door attendants are trained to watch for intoxicated customers coming into the restaurant, He said that on a number of occasions 1111011 individuals were cited by the police Department, those same individuals had been Wrnad away from the restaurant prior to entering the restaurant, He. said that because the individual's automobile was in the parking lot, the offender will state that he was fast at tine restaurant, Steve Loomis explained that customers ofron park thai.r automobiles in the Red onion Restaurant's parking lot, and patronize nearby establislunents before entering the restaurant, Rick Loomis stated that the one listed offense with respect to overcrowding was an offense that was tha City's error and has been modified. In reference to the drunk on a bike offense, Mr. Loomis stated that it was not certain if if t:he off had been drinking at the restaurant avail if the bicycle was on the property. In response to the Police Department's concerns that dancing will result, in more drinking, Stave Loomis replied that the customers drink less when they are dancing. Commissioner Person stated that considering the r0staurant's volume over an 18 month period, that the six "drunk in public" offensives is not excessive, Commi:ssionor Person stated that the over0rowdIng, subsequently refigured and corrected, pertains to the extra square footage that was allowed four years ago. He .further stated that the applicants caxofully watch the number: of people that are allowed upstairs, Commissioner .9. MINUTEoc INDEX ,ommisSIONERO 13 ©LL CALL C9-"y ()F HFWPORT IVIINU'7'IW5 .June 22, 1.989 BEACH IND +:x he tbe 15 not }anie cessivetnumber and ti ' euce o£ ndividuals co al,d have been aldrinking at Heathy Commissioner Parson address establishments, ad the ;orrel.ation between the ntmUar of contacts and dancing, ind he said that the City needs to be cencat:ned i.£ dancing inherently creates problems Steve Loomis stated that at a recoke to than semivar relating to alcohol, he sp ears Payoyo who its$ been on nighttaatoh far mote ohre ortedythat on the Wboa Poninsul.a, and o£fieer. Payoy P the restaurant hasl,00nis explained that el Artimat the problems' contacts the Police Department i.s restaurant initially when the report is recorded. in response to numerous questions posed by Cwresta rant Merrill, Steve and Rick Loomis eif replied that aeCustomer contacts the Police Department could be a problem, and they try to correct the problem Loomis before the customer enter.$ the restaurant. esting thoigod onion stated that based c owning atheoy have a good chance Of Restaurant for several years, spotting a potential problem, and they attempt to correct p Ho further stated that they do One problem immediataly•t e Police Department if there is not hesitate contacting h the restaurant, an element that they do not wane in them offensespassthey wteresrelortedninrtheit respect comissioner st ffreport Addendum, He stated that it was unfair to the applicants inasmuch as the Planning Commission cannot determine how bile figures compare to the other restaurants in the City of similar size and typo, Commissioner Person agreed that came up in it was unfair., and he stated that the Planing Go mnlaeion the same manner at the Ayrto 21., 1984, meeting. In response to questions posed by Catmaissi,ouer, Winburn, Steve Loomis replied that Fridays, Saturdays, and Sundays bj are the busiest times when the crowds are aontHel state( keeping the customers outside the Uuipstfl$rs as well ae that there are doorman downstairs and up two managers on the Floor on the weekends. In response t a question. posed by CommisthatC1 'thenb Witt, ancefll respect oorshnll b Condition No. 11, stating 10- 17C>I..I_ CALF.. U T H OF V,gE qV V 'JR4Y1 IAINU'I La ggi�pp Jun(" 22, 1989 . — _ INDEX increased to Pa minimum size of t.�00 square .feetLlesloomis permit is approved P jcanta would abide by said condition, replied Chat the app in response to a question posed by Commissioner person with respect to the upstairs occupant load, Mr, Rewicker explained that the donee floor increases the occupant load Of the building, William haycock; Current planning li ar explained that the ocoupant load of a dancodfloor snag r erson compare is calculatod at 7 square feat Per l p typical resturant's floor area of 15 square fast Per person I•Ir. Iiewlaker stated that he has observed a red sports ear Parked in the restaurant's handicapped parking stall illegally in handicapped yr Rialt Lo mi trveplied thatmtiei at tile the owner of said automobile, Mr, Loumis explained that whon a valet is on duty an individual attending the restaurant; may have his or her automobile Parked it file handicapped Parking stall; horrerk in tl-a handi.cappod person arrives and wants to P parking stall., the automobile that is parked in said tall is removed, parked elsewhere, and the handi.capp •M Person's automobile ir, parked in the handicapped etall� Mr, Loomis tile further explained that if a valet i,a not available u t the handicapped parlcing stall is only handicapped, Rich Rdmonstan, City Traffic Engineer, explained that to valet k an consist nt wit°hatiletnoCalifornia tVeliiolediCodaeegoverning handicap parking. Riek Loomis stated that a State representative informed him that it iala901 for valet to park auuontobiles for handioapp d Persons, Idmanston explained that the state Architect Cffioe him that valet parking a vehicle for the advised dvis is completely unacceptable inasnturh as many of handicapped that the vohieles have control devices would be unsafe to Commissionerr person, Mrn Rdmonsjtontst'ated that the ovalet cannot be the only option to a handicap person, Discussion onsuad between Rick Loomis. COmlosianeY G1lnburn, Commissioner Merrill, and Mr, Rdmonston with respect to valet attoudant';s parking handicapped vehicles, and if the police Department can cite 11- COMMISSIONERS ROLL CALL Jt,na 99, 1989 automobiles that axe parkod in handicapped parking stalls by valets that were not markod as handicapped vehicles, Chairman Pomeroy recommended that Condition No, 1.2 be amended to state that " ..shall be identified by one handicapped sign on a post and one handicapped sign on the pavement," Chairman Pomeroy, Commissioner Winburn, Commi.ssionor Edwards, and Mr. Ilowicker addressed how to enforce the handicapped parking regulations, Commissioner Winburn stated that if the law specifies that the handicapped parking spare shell remain open only for handicapped vehicles, than establishments throughout the City should be put on notice because valet parked automobiles axe always parked in handicapped Parking spaces and said automobiles are only removed upon request. Commissioner. Edwards stated that it was his understanding that tixe handicapped parking stall sha1L remain Open and can only be occupied by an automobile that has a handicapped sticker, and if a vehicle is parked in a handicapped stall without a sticker it is in violation of the law. Carol Iforada, Assistant City Attorney, stated that the law does not address valet parking per so, but when valet parking occurs, handicapped parking, spaces must be accessible to the handicapped at all times, Mr. Sid Soffer, 900 Arbor. Street, Costa Mesa, appeared before the Planning Commission to address the handicapped parking shall; the Police Department Log; and the correlation between drinking and dancing and the size of the danco floor, tdr„ Crag cook, 7 swift Court, appeared before the Planning Commission in support: of the applicants' request fior a danco floor, Be stated that the Red Onion Restaurant has done a good fob of policing the parking lot and the ostablishmant. Mr, Dwight Belden, 1350 West Day Avenue, son of the proporty owner, appeared before the Planning Commission, Mr, Belden stated the overcrowding citation that was issued During the past 18 months has been modified. He stated that the property owners concur with the conditions of the use permit and support the applicants' request; that the applicants 4170 no longer a part of the original Red Onion Restaurant enterprise; that they operate a -12- MINUTF8 INDEX u0fVJ MIS S ION ERS June 22, 198') CITY OF NEWPORT BEACH NI IN U f - -� -'3 ._._ CALC iPl i�h' X quality establishment; that applicants confront and the problems that occur; and fellow through with any p: fully support any permits that Rick and property owners Steve Loomis may request. Mr, ))can Sweeney, 105 Via' Yoll.a,' appeared before the Planning Commission to state his support of the request inasmuch as dancing would be good clean for a dance floor fun and would be advantageous to the restaurant and to the cormitttn i ty . 'there being no others desiring to appear and be heard, the Public hearing was closed at this time, +w Motion was made to approve Uac Permit No, 1581 (Amended) in Exhibit "A", Motion subject to the findings and conditions " a that Condition No. 12 shall be modified to state „ and handicapped sign on the pavement." In response to a question posed by Commissioner Aebay, Pomoroy replied that the handicapped parking Chairman requirements shall be enforced according to the law, that there would be no special. consideration for valet parking, and the handicapped parking space would always be available for the handicapped, Con"ninsioner Person stated that the operators of the Red Onion Restaurant have been good over the, years, contrary to the offenses reported in the addendum to the staff report, Motion was voted ail to approve Uso Permit No, 1581 the findings and conditions in (Amended) subject to Exhibit "A ", including modified condition No, 12, MOTION All Ayes CARRIED, Pindinesi 1, That the proposed development is conslctont with the General Plan and the Local Coastal Program Land Use Plan and is compatible with surrounding land uses. 2, The proposed addition of dancing to the existing use will not have any significant, onvirenmental, impact, inasmuch as there is adequate parking on -site to meet City requirements, -13- laoM�AISdIUNP°f�9 June 22, .1989 C3TY OF NEWPORT BEACH NIINUT S ROI..L �b1LL_ _ _� __ — INDEX _ _. ._ 3. That of£,,ai.te parking areas are located so as to be useful to the restaurant use with dancing in addition to the on -site parking, 4. That adequate parking exists to serve the proposed restaurant and related activities given that the restaurant use and the dancing will not occur concurrently, 51 That the waiver of development standards as they pertain to wails, parking lot illumination, and :Landscaping will not be detrimental to the adjoining properties, 6, That the approval of Una Permit No, 1581 (Amended) will not, wider the circumstances of this ease be detrimental to the health, safety, Peace, morals, comfort and general welfare of persons 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, Conti Ms_. 1, That development shall be in substantial conformance with the approved plot plan and floor plans, except as noted below, 2. That the sound from the live entertainment and dancing shall be confined to the interior of the structure; and further that all windows and doers within the restaurant shall be closed when live entertainment: and dancing are conducted an the site, 3. That all previous applicable conditions of approval for Use Permit No, 1581 (Amended) shall be fulfilled, 4. That a minimum of one parking space for each 35 square feet of "net public area" (i.e. 45 spaces) shall be provided for the proposed use of the lounge and lobby area for the restaurant and that any proposed increase in the size of the area devoted to dancing or the bar area shall require the approval of an amendment to the visa permit. •14- CC)MIv11:5d0iV(,RS ROLL CAIN. June 22, 1989 UTY OF NEWPORT BEACH 5. It the hours of operation for the proposod dancing shall be limited from 10:00 p,m, to 1 :30 a.m, nightly, 6. That the dining area on the first floor shall be closed to the public after 10:00 p,m, daily if dancing is provided on the second floor, 7, That the entire site shall be maintained in a clean slid ordarly manner, S. That no outdoor loudspeaker or paging system shall, be permitted in conjunction with the proposed operation, 91 That the applicant shall obtain Coastal Commission Approval of this application prior to initiating the proposed dancing, 10, All applicable conditions of approval shall be implemented prior: to the initiation of the proposed dancing. 11. That a Cafe Daarce permit for the proposed dancing shall be approved by tine City. The dance floor shall be increased to a minimum size of 400 aq,ft, unless said permit is approved for a smaller floor, 12, That the required handicapped parking space shall be relocated to its original site adjacent to the Wilding. Said parking space shall be used solely for handicapped self- parking and shall be identified by one handicapped sign on a post and ono handicapped sign on the pavement. 13, That the ab"bbory In the planters adjacent to Newport, Boulevard be replanted or trimmed to provide sight distance in conformance with City Std, 110•L and as approved by the Public Works Department., 14, That the Planning Commission may add to or modify conditions of approval to this Use permit or recommonel to the City Council the revocation of this Use permit, upon a determination that the operation which is the subject of this Use .Permit, causes 15, MIND "FE S INDEX (i0NiM18810NPJ -1S Motion All Ayes Motion All Ayes June 22, 1989 CRY OF NEWPORT REACH injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community, 15. That this Use permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20,80,090A of the Newport Beach Municipal, Code, �• nY k t to amend the General Plan Land Use Rlemont^ and oho Coastal Program Land Uso Plan as follows; A, Sa to Ana Heights Land Use; A proposal by staff to redesign to properties northwesterly of the adopted alignmene or Biroh Streat /Mesa Drive from Single Family Dataehod Lo A6_ istrative, Professional and Financial Commercial an establish floor are limits consistent with the business p pk uses in the Santa Ana Height Specific Plan. Motion was rondo aub votod on to initiate Coneral Plan Amendment No, 89- 2(A)`,\FIOTION CARRIED, R, Balboa Peninsula Zonhikg Study; A proposal by staff to initiate a Balboa Ponin la 'Zoning Density Study which would involve amendments to io Land Use Element and the Local Coastal Program Land so Plan, as well as the residential Zoning Districts, "ha purpose of the study would be to reconsider raising th Two- Family Residential density standards from 2,000 square set per unit to 2,375 Square feet per dwelling unit, a d also to consider changing some "Multi-Family Resident " arena to "Two - Gamily Rosidontial," The study would p tentially effect R•2 properties Citywide. Motion was made and voted on to not initi.ato Veneral Plan Amendment No, 89 -2(B) based on staff's workI ad in an attempt to adopt e 7.ouing Ordinance of the Gon th e 1 Plan, and to defer said item to the next initiation in qtober, 1989. MOTION CARRIED. \ C, Old Newport Boulevard; Request of Owen Minney allow residential /commercial mixed use in the "island" a -16. MINUTES INDEX Item No.I GPA 89 -2 (A) Initiated (D) Not initiated (C) Initiated Eaaooter's RG taurarlt Use P grnit 115Wf (rarrnallj lRod Onicnn), 4 1217 -72 PC Apj7royod; Construct restaurant wl live entertainment o 9-6 -73 PC Approved: Increase occupancy load and permit valet parking 5.5.77 PC Ap rn pyk; Remodel and expand 2 "d floor, accept off -site parking agreement 1 -18 -79 PC Aoroved: Allow clock spaces or in -Ileu parking fees to b used as an alternative to providing the required off -site parking agreement (43 on -site spaces; dock spaces give a max credit of 5 parking spaces) 6- 14 -82 CC Denied: Expand net public area of 2011 lounge area and accept an of -site parking agreement for the additional req'd spaces. ® 621 -84 PC roved: Expand 21`' floor dining /bar area by 84 sq,ft., and allow the payment of an annual in -tleu parking fee for 3 parking spaces, (Per Staff Report, 2,463 sq, ft. existing, plus 84 sq. ft. expansion = 2,547 sq. ft, not public area allowed) 6.22.89 PC App rave :Add dancing in ronjunctfon with live entertainment located In upstairs lounge area, Said dancing will be limlted to the hours of between 10pm and 1:30 am nightly, after the kitchen and dining areas closed. 5- 22-95 CC Approved but expired and no longer osSiblo: Increase net public area by adding an outdoor dining area an street side of building. Additionally, permit the expansion of parking lot onto adjoining property and the approval of an off -site parking agreement for expanded parking; and approval to transfer of development rights from the off -site parking area to the restaurant, Use Perrrdti: 1581 (Houter's) App le able Conti, N1`IJ10hls June 22, 1980 Condiflons 1., That development ahal-1 loo in substal"WAl anC�1'oiint��lcn with tho approved plat P1alla and -,rloQr plans, axoept RS noted below. 2, TIxat td-ie sound from the live entertainment aad dancing shall bo confined to the InCariav of the 5truct�ura; and f'urther that a11 wrbadotae And doors within t'ha restaurant shall be closed wrhon liw aaatertainment and dancing Ara conducted on thO 6i'te. 3. That: all previous applicable conditions of approval. for Use permit: No, 15$1 (AAnended) shall ba fulfilled, 4, That a minimum of one parking space for 9a0h. 35 sgttare feet of "net public area" (i,e, 45 spaoas) ohall 1-ja provided for the proposed use of the 10u'n90 and lobby area for the restau.ratt And that azty proposed increase in the oi;ze of the area de'aotrod to dancing or the bar a-r0a shall require the approval of an am'snlment to the use permit:, 51 That tha hours of operation for the px'opooed dancing shall be Limited from 10:00 p.aaa to 1:30 a,m, nightly, 6. That the dining area on the i'i,rnt ;floor shall be closed to tha public after 10100 u,m. daily if dancing 10 provided on the second floor, L jhat the entire site shall be meiniai.rtad in ea clealn and Orderly - ,ITlanner. S, That no outdoor loudapeakor or p49iltg system shall he permitted in conjunct, ion. with the proposed Operation, 91 That the Appl.io�ant: shall obtain Coastal CQwmir�sioat approval, of this s'pp'Lication prior to inItiating the proposed dancing. Jq. x r Shall implenet h 0 of the ad pxz©Y. Co tanac dancing. That a. v,ra:Fk) Ponoo peep S.t for 'the 'ptopos'ed danoing Shin; tia app:toveti by' tbc' (,'Ity. d,aailco fa,00x, akaa.1.1 'hc i,rararcra+e�1 to it rflia�i.ntaam sire of 400 c, °t�.:Ei, un'lo,t+s said pn'rud.t f,s approv(,W for a WT)al.:lnr i'l,caor. That the required hand.i,cagped taatking space styall bo xvlouat ed to its eax7.91na:l sf.to adjacent to the building. Said paricipg space FA-all be used aof.ely for hardicapped se:lf?-parking and Aall be identified by one handicapped ai,gn on a 1700C and One 'handicapped aig'o on the pavomelyt, 13, ";Gloat: the shrubbery in the,' Plantars radjacant to Newport, Boulevard be replanted or trimmOd to prov:lrla sight distance in conCormanee with City Std,. 110-L and as approved 'by the PUblia Works Department. That the P1anyj9.atg Commistaio,n may add to or modify sonditionM of approval to this Use Permit ar recommend to the City council the ravocration of this Use pormit, upon a determination that the operation which i.s thO subjeot: of this Use Permit, rd"es injury, or is detrLman.tal to the health, safety, - pmaa;e, Mor a],s, com£or. , or general welfare of the Co"nanit:y. 15, That this Use permit shall expire unX;4338 exercised within 24 months fy,,om the date of approval as specified in Sacti.on 20.00,09011 of the Newport Beaota ftaxnickpal code, .Vune 21, 1984 App li ?;;eblo Goindl4:l0ns 9. ilrait employec"s r;t tho x'Ir}SI;VIUrWIt Cacilil.y Slaall, pa:.'CR, in the Moili.cipal parld.nq lot, <it kill timnrie 6*, qhut tarxee (:3) in -lieu parking, spaces $hall be purchased from the ('iity on an annual basin fox tho dtxratiol of the xestakirant are and that the annual fee for said paxidnq shall bo in accordance with 8eottou 12,49125 of the Newport; Reach Municipal Coder 'fine Applicant;. ;is put are notice that the floes for In. -Iieu parking ,perm is may be suhjeat to change, and that change may inc.reraie subetanki.ally in th4 i;utuxer, 7, That all pxcVIpue c0srdi.tion-5 of approval f"Ar Use Permits No. 'Ml (Amended) shall, be fulfi,llcd. 9. rnrat rile handirapped parking space indicated on tale plot plan shall be accessible at all times to vehicics of handicapped per;svn:s during regular hoaars Of opara- Lion of the restaurant facilLty. January 18, 1979 Applicable Conditions 2, That a swlxflnu4n credit of 5 parking spaces he given for the proposed guest dock facilities, 3. That the entire dock facility bayward of the restaurant shall be maintained only for patrons of the Red Onion Restaurant and shall 6e so posted, No overnite marring shall be permitted, 40 'That should the guest docks be Used for any use Rather than guest docks for 'the restaurant, the owner shall be required to provide 4 parking spaces in a lQcatioli meet. - Tng the approval of the Planning Commiision, or reduce the riot public area of the restaurant accordingly. r,. All other applicable conditions of Use P.armit No, 15:11 shall remain in effect- , Ilfiety 6, 19'77 Applicabic Conditions 64 A g,r�rking atteKdant (or attendants) shall be rovfdad. Auring all hours of operatiol7} of tote ad Onion Restaurant facilItY. Septembea• 6, 1973 Applicabla Conditions to ThAt parking attendants be provided durin all tours of operation of the restaurant, Al parking spaces arranged erpendicular try the Side property.lines shall be set back one foot and shall be provided with wheel stops, All spaces shall he marked with approved traffic markers or painted white lines not 'less than four inches wide. 2. That all of the conditions of .the Harbor Permi as well as additional recommendations of the u. S. Army Corps of Engineers and the californi Regional {later Quality control Board, be fulfilled. 4.. That all public improvements including side- walks and curia louts, be prbvlded in a manner ;satisfactory to the Public Works Director, 5. That a landscape plan be approved by the Director of Community pcavaloPment. 6, That all signs be approved by the Director of Community Development. 6, That. the applicant shall be responsible for all nacessar^y precautions to pr©teet the waters. -of the boy during demolition of existing structures and constructlon of all new structall se 9. That all story 9a or trash Shall be shielded from view within a building or within an aroa enclosed by a wall not less than six feet in height. Decembor 21, 1972 AlpplicabJe Conditions 70 That t }e ait.ea,atiQn or eoristructlon of �tc�cks siips and piers bayward of the bulkhead be suh- Ject tO a separate Harbor Porn-lit and the Wrovaa of the Marine: Safety Departments CITY OF NEWPORT BEACH 4 A = ; COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DIVISION err, k vim" 100 Civic Center Drive I P.O. Box 1768 1 Newport Beach, CA 92658 -8915 www.nq,H+portbeachca.aov 1(949)644-3200 TENANT IMPROVEMENT ELECTRICAL / MECHANICAL / PLUMBING PLAN REVIEW COMMENTS Project Description: TI restaurant Project Address: 2406 Newport blvd Permit.App. Date: 3/21/13 Use: CY CuVFill: Architect/Engineer: Owner/Tenant: Applicant/Contact: Occupancy: No. Stories: Seen Meehan Plan Check Engineer: Ben Ellingson 1!1 7 15` Review: (3/2/13) 2Id Review: Italic comments Plan Check No.: 0597 -2013 Plan Check Expires: Const. Type: Permit Valuation: Phone: Phone: 714- 841 -6240 Phone: Phone: 949.644 -3271 F13rtl Review: By Appointment The project plans were reviewed for compliance with the following codas and standards: 2010 CBC; 2010 CPC; 2010 CEC; 2010 CMC; 2008 Building Energy Efficiency Standards (BEES); 2010 California Green Building Standards Code (CAL-Green); & Chapter 15 of the Newport Beach Municipal Code (NBMC). The code section references are from the 2010 CBC, unless otherwise stated. • TO EXPEDITE PROJECT APPROVAL: Please provide a written response indicating how and where each comment was resolved on the plans. • Resubmit all previously reviewed plans, updated plans and supporting documents with each subsequent review. • AFTER 2d PLAN REVIEW Please call the plan check engineer listed above to schedule a plan review appointment, to expedite project approval_ • For clarification of any plan review comment, please call the plan check engineer listed above. • Plan review status is available online at www.newroortbeacbca.gov. Project status is also available using the interactive voice response system at 949- 644 -3255, or by speaking with a permit technician at 949 -644 -3288 during business hours. Corrl-ists \£MP TI Ptan Review Comments 912411 1 ELECTRICAL 1. On single line diagram; show conduit and conductor sizes. 2. Electrical panel load schedules are to show the following: Number of fixtures on each circuit; Load at 180 watts per general use receptacle or U.L. nameplate rating; total wattage per each phase balanced; long continuous loads [LCL] calculations to be shown at 125 %. 3. Provide GFCI protection for bar area receptacles. 4. Add note to plans, "Comply with City of Newport Beach amendments to 2010 CEC. Use rigid metal conduit in all areas exposed to weather. Use ground wire inside all flexible metal conduits. Metal conduit shall not be installed in contact with earth." 5. Add note to plans, "All equipment to be U.L. listed or equivalent." PLUMBING 6. Island vents are typically not required for floor sinks; provide vents downstream of floor sink traps. 7. Indicate wye branch fittings on island vent detail. CPC 909. 8. Note on plans that all waste lines to be minimum 2% slope. Remove notes for 1 percent. CorrLists\EMP TI Plan Review Comments 9/2011 CITY OF NEWPORT BEACH PUBLIC WORK DEPARTMENT April 17, 2013 FROM: David Keely Senior Civil Engineer (949) 644 -3349 SUBJECT: PLAN CHECK CORRECTIONS FOR 2406 NEWPORT BOULEVARD (PLAN CHECK NO. 0597 -2013) REMODEL EXISTING COMMERCIAL Note: To expedite the re -check process, the Applicant needs to return this Correction Sheet and responds to the below corrections either hereon or through an attachment. Corrections: 1. Note on the Plans that an approved encroachment permit is required for all work activities within the public right -of -way. 2. The parking configuration shown on the plan is different than the one from a recent City aerial photo. Provide the approved plans that were used to re- stripe the parking lot. 3. Show the location of the existing sewer lateral serving the site. Install a new sewer clean out on the existing sewer lateral per City Standard STD - 406 -L. The sewer clean out shall be located on the public side of the property line. 4. Show the location of the existing water meter and service. If it is sufficient to accommodate the site, identify that it is to be protected in place. 10/3/13 Cityof Newport Beach: Plan Check Status Plan Check Submittal Information Plan Check Number 1503.2013 Status APPROVED Description COMM TI - UPGRADE FIRE ALARM MONITORING SYS "AMERICAN JUNICE" (X2013- 0733) Street No, 2406 Street Name NEWPORT BLVD Street Dir Applied 7/2/2013 Approved 7/3/2013 Expired 12/29/2013 Plan Checked By TL Click here to view Plan Check Comments Plan Check Latest Comment / Action_ _ Date Division Action Entered by 07/02/2013 FIRE Approved TL _ Plan Check History Date Division Action Entered by 07/02/2013 1 FIRE Approved TL The above plan review status reflects the last 10 activities of the relevant division when entered in the system. 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La Habra Blvd. La Habra CA 90631 (0) 562,697.2664 (C) 940.903.2847 jluisjaimes @ytthoo.com HacAtthur Ventures LLC 4647 MacArthur Blvd. Newport Beach, CA 92660 Attention: Antony Adel C: 949 735 5893 ')~:949 333 0917 11: 949 333 0918 W: rcactionmg.com p/ul3 .-(?.21, ZkP® 4 Re: No Lodger the Project Contractor, Liability Release Notice This liability release is to remove any and All Liability frown A Plus Construction Effective Date: June 04,10113 for personal injuries including death mid property losses or damage in connection with any activity or accommodation of the above mentioned Business. City of Newport Beach - CA FILE PERMIT NUMBER., X2012.0928 Anthony Adel and/or Macarthur Ventures LLC ftnther referred to as "[0waer]" Jobsite: TEN CLUB 4647 MACART1,JUR BLVD NEWPORT ,BEACH, CA - 660 Mr. Adel, Notice is hereby given that work of improvement on Ten Nightclub, hereinat%r described, was COMPLETED as of May 28, 2013, . vs el °7 -,,uc3 As you Icrtow on or around Juno 04, 3013 during any routine visit, I walked into the said Jobsite to witness your new construction crew undergoing work at the Panini Space. You stated to me that you were indeed compliant with the city and had already gotten a new permit and that the work being performed was running under a new Contractor License. You neglected to provide me with documentation verification of such statements. made, however, after contacting the City Of Newport Beach later that same day, it was clarified to me that there was NO new permit on file and that the only contractor on record for this project was still ,A Plus Construction. Furthermore, you attempted to bribe me to illegally sign off on your inspection caul as if A Plus Construction had constructed the additional work performed in the Parini space, A% I made Clear to you during that conversation, I w! 11 not engage in suph illicit violations. I have indeed, been in contact with the, City ofNewport Beach making known that I am Not to be held liable for any such work Performed outside of my contract with you Ortalniltg to Tan Nightclub. It is in my best interest toremove myself from the permit I filed lbr you forlithis jobsite. I,am sorry that a stop work order has been placed but I assure you I have done my part to snake known tint my work has been completed and that Permit rile No: 312012-0928 is to be removed, I hope that this notice will help you successfully remove the permit, tn�ere Jose Ryas Jaimes A Plus Construction O qu 44 ti .i • via V q0 O U F �O C� U Up P7 O F � a O t4 pW�y O�. e 00 U W IOUway o � a�xZ FO W U z U C7 C p W U F V U F � F � � a � a Ej ,i O 0 0 0 P. el N b 0 Z U U w �I N d'I NI U O Z zq a a z e b Pai 0 U U of a° O b z 0 0 Q d N •a° a U (n Q Iv W Q W � ' a� o] aaw d W ?C O OD �o O O�C7v�O�y" oouza pq °OO"� a o � o �w w ti m a � .. N � O � H 0 0 Q d N •a° a U (n Q Iv W Q W � ' a� o] aaw d W ?C O OD �o O O�C7v�O�y" oouza pq °OO"� 10/3/13 Plan Check Number Status Description Street No. Street fame Applied Approved Expired Plan Checked By City of Newport Beach : Plan Check Status Plan Check Submittal Information 0316 -2010 APPROVED ADD NEW 619 SF PATIO & RMDL INTER 1100 SF "CHINA PALACE' 2800 COAST HWY Street Dir 2/26/2010 5/7/2010 8/25/2010 ES Click here to view Plan Check Comments Plan Check Latest Comment / Action W Date Division IlAction Entered by 05/06/2010 71 BUILDING Approved ES 05/06/20 1 PUBLIC WORKS Approved DK 05/05/20 1 FIRE IjApproved Corrections Required KF 04/30/20 1 ELEC/MECH /PLUM Approved DB 04/30/2010 PLANNING Approved 7M Plan Check History Date Division IlAction Entered by 05/06/2010 BUILDING Approved E5 05/06/2010 PUBLIC WORKS Approved DIC 05/05/2010 BUILDING Corrections Required ES 05/05/2010 jApproved KF 04/30/2010 71 PLANNING jApproved ]M 04/30/20 1 ELEC /MECH /PLUM Approved DB 04/23/20 1 BUILDING Corrections Required ES 04/22/2010 FIRE Corrections Required KF 04/22/2010 EUEC /MECH /PLUM Corrections Required DM 04/19/2010 FIRE Approved KF 04/15/2010 PUBLIC WORKS i Icorrections Required DK The above plan review status reflects the last 10 activities of the relevarrt division when entered in the system. Additional Plan Checks 1 .. vmw,. newporlbeachea.goMndexaspx?page =1060 212 Project Description: Project Address: CITY OF NEWPORT BEACH BUILDING DEPARTMENT 3300 NEWPORT BLVD. P.O.BOX 1768, NEWPORT BEACH, CA (949) 644 -3275 TENANT IMPROVEMENT CORRECTIONS R/R Bar and Add Outdoor Patio 2800 W. Pacific Coast Highway Plan Check No.: 0316 -2010 DELTA 4 Use: Restaurant Architect/Engineer: Keith Stanton Palmer Owner: Jack Mau Checked by: Dan Kennedy Date Filed: 03/08/12 Occupancy: A2 Phone: (949)631 -8031 Phone: (949)644 -3279 No. Stories: 1 Const. Type: VB Phone: (310)326 -9111 Submitted Valuation: $100,000 Permit Valuation: X 1s' Check — arial 11 2nd Check — arial n 3'd Check — arial 03/08/12 4" Check* OTC *NOTE: Do not resubmit after the 3rd plan check. Call plan check engineer for an in- person recheck appointment. WARNING: PLAN CHECK EXPIRES 180 DAYS AFTER SUBMITTAL. THIS PLAN CHECK EXPIRES ON: June 8, 2012 Approval of plans and specifications does not permit violation of any section of the Building Code or other City ordinances or State law. This plan check is according to 2010 California Building Code. • Make all corrections listed below. • DO NOT resubmit after the third check. Call plan check engineer and schedule in- person recheck. • Return this correction sheet and check prints with corrected plans. • Indicate how each correction was resolved. GENERAL 1. Approval is required from: Building Department EMP Planning Department Fire Department 2. Calculate maximum occupant load per CBC Table 1004.1.1 for each dining room and patio dining area and list it on floor plan. Occupant load for interior dining areas is to be calculated due to changes in floor areas shown on plans. Include the entertainment and dancing area with the denser loading and adjust the tabulations on the plans accordingly. Occupant load for this sign shall be per the exit load requirements found in the CBC. 3. Provide a note on drawings which indicates the exact verbiage to be used on the maximum occupant load sign and indicate the location of the revised sign within the plans (CBC 1004.3). Shared \Correction LlstsMCORR 2007 03/08/12 Page 1 of 2 4. Plumbing fixture count is acceptable as indicated on the plans. But all existing restrooms must be indicated on the plans. Be sure to indicate existing restroom in kitchen area. 5. Building permit must be revised to reflect the correct occupant load prior to final inspection in order to obtain a certificate of occupancy with the correct occupant load. Shared \Correction Lists \TICORR 2007 03/08/12 Page 2 of 2 I PLANNING DIVISION �O a, f'� \ t ,rte Comm nitypDeve opment Department q 3300 Newport Boulevard PLAN CHECK � Newport Beach, CA 92683 Phone: wpor 644 -32 www.newportbeachca. gov CORRECTIONS www.newportbeachca.gov Plan Checker, Makana Nova, Assistant Planner Phone No: 9494443249 Fax No. 949.644.3203 Email Address: mnova@newportbeachca.gov CORRECTIONS: 2. REFERENCE CONDITIONAL USE PERMIT NO. UP2010 -015 (PA2010 -082) ON THE PROJECT PLANS. F: 1Users�CDDlSharedAdminlPlanning Division\Current Templates Revised 01.31 -12 s:\1 32 - Woody's Wharf Entitlement120131008 Council MeetingiCompetitors Permit InformationItChina Palace10316 -2010 DELTA 4.docx 0316 - PLAN CHECK NO. 2010 DE ADDRESS: 2800 WEST COAST HIGHWAY LTA 4 CORRECTION DATE: 03/06112 CORRECTIONS: 2. REFERENCE CONDITIONAL USE PERMIT NO. UP2010 -015 (PA2010 -082) ON THE PROJECT PLANS. F: 1Users�CDDlSharedAdminlPlanning Division\Current Templates Revised 01.31 -12 s:\1 32 - Woody's Wharf Entitlement120131008 Council MeetingiCompetitors Permit InformationItChina Palace10316 -2010 DELTA 4.docx "roe, City of Newport Beach Planning Department Corrections Plan Checker: Jaime Murillo, Associate Planner (949) 644-32091 Imurillo newportbeachca.gov CORRECTION DATE: 04/W10 0314 91201 0 PROJECT INFORMATION: China Palace Bar Remodel and Outdoor Patio CORRECTIONS: 2. POF GenditleR No. 3 and 4, the final design of the plans shall eemply with the MaFiReeS Mile Design Guidelines, with the exeeptiGn Of *--he lip I - ; M-2 1� *All WiN , I - ; M-2 1� *All V9. Fr -W.qllr.vm SHIP MUM y: revise plans to provide the 30 parking spaces In conformance with Use Permit No. 3096. it is understood that upgrad1ing the facility to comply with current ADA requirements may require the toss of one space, in which case Planning Dept may authorize the ices of the parking space. Please consult with the SuMding Dept and Putt Works Dept to Identify all possible solutions to maintaining the 30 required parking s (at minimum, It appears Out 28 spaces may be provided and still comply with ADA parking requirements). 10. FYI ... A hold on final will be placed on permit until landscaping Is inspected for conformance with plans. PLAN CHECK NO: PLAN REVIEWER: PROJECT: PROJECT LOCATION: DATE: Newport Beach Fire Department Fire Prevention Division 3300 Newport Blvd. Newport Beach, CA 92663 (949) 644 -3106 Corrections 0316 -2010 Delta #4 Susan Guzzetta China Palace 2800 W. Coast Hwy March 13, 2012 Provide written responses to all corrections and bubble and delta on plans. As noted on plan as a deferred submittal, a review of the fire feature will be required by the fire department. In addition, a permit will be required for the fire feature and existing heating propane use in the patio area. (If not already issued for the propane.) • Show proposed location of dance floor/ entertainment area. Include calculated occupant load for entertainment areas. CITY OF NEWPORT BEACH PUBLIC WORK DEPARTMENT March 21, 2010 FROM: David Keely Senior Civil Engineer (949) 644 -3349 SUBJECT: PLAN CHECK CORRECTIONS FOR 2800 WEST COAST HIGHWAY (PLAN CHECK NO. 0316 -2010) ADDITION OF AN OUTDOOR DINING AREA TO EXISTING RESTAURANT Note: To expedite the re -check process, the Applicant needs to return this Correction Sheet and responds to the below corrections either hereon or through an attachment. Corrections: 1. An encroachment permit and agreement is required for the outdoor dining improvements located in the leasehold agreement area held by the City of Newport Beach. Upon plan check approval and building permit issuance the applicant shall apply for an encroachment permit and encroachment agreement. 2. The plans shall fully dimension the West Coast Highway and Riverside Avenue right of way. 3. Provide the outdoor dining permit conditions of approval in the next plan set submittal. 4. Contact the bus bench owners regarding planned construction. It may be necessary to remove /relocate the bus bench during the course of construction. Provide proof of coordination. 5. The ADA stall is in the incorrect configuration. For single loaded ADA stalls, the accessible aisle shall be located on the passenger side of the vehicle. Also, it would appear that one additional ADA stall is required, since parking lots with between 25 and 50 parking stalls are required to have two ADA parking stalls. Verify with the Building Department if changes to the parking lot are required due to the proposed construction. 6. Show the exact location of the existing gas vault. Riverside Avenue was recently repaved and is a moratorium street. If it is necessary to work within the street substantial roadway reconstruction will be required. 7. Note on the Plans that an approved encroachment permit is required for all work activities within the public right -of -way. CITY OF NEWPORT BEACH PUBLIC WORK DEPARTMENT April 15, 2010 FROM: David Keely Senior Civil Engineer (949) 644 -3349 SUBJECT: PLAN CHECK CORRECTIONS FOR 2800 WEST COAST HIGHWAY (PLAN CHECK NO. 0316 -2010) -2nd PC ADDITION OF AN OUTDOOR DINING AREA TO EXISTING RESTAURANT Note: To expedite the re -check process, the Applicant needs to return this Correction Sheet and responds to the below corrections either hereon or through an attachment. Corrections: 1. The plans show 25 on -site parking spaces, however, 30 parking spaces are required per UP 3095. Clarify and revise as needed. 2. Per Building Department, two ADA parking spaces are required. Provide the parking configuration with the addition of one ADA parking spaces for further review. CITY OF NEWPORT BEACH PUBLIC WORK DEPARTMENT May 4, 2010 FROM: David Keely Senior Civil Engineer (949) 644 -3349 SUBJECT: PLAN CHECK CORRECTIONS FOR 1040 PESCADOR DRIVE (PLAN CHECK NO. 0648 -2010) ADDITION TO EXISTING SFR Note: To expedite the re -check process, the Applicant needs to return this Correction Sheet and responds to the below corrections either hereon or through an attachment. Corrections: 1. Note on the Plans that "A Public Works Department encroachment permit inspection is required before the Building Department Permit Final can be issued. At the time of Public Works Department inspection, if any of the existing public improvements surrounding the site is damaged, new concrete sidewalk, curb and gutter, and alley /street pavement will be required and 100% paid by the owner. Said determination and the extent of the repair work shall be made at the discretion of the Public Works Inspector." 2. Note on the Plans that an approved encroachment permit is required for all work activities within the public right -of -way. 3. Note on the Plans that a City encroachment agreement is required for all non- standard private improvements within the public right -of -way. 4. Show the extent of the excavation required for the construction of the basement near the Pescador Drive frontage. Excavation within the public right of way will not be permitted. 5. Per Council Policy L -18 (attached), modify parkway paving to comply with Council Policy where no more than 25 percent of the parkway can be non - permeable surfaces (excluding driveways and carriage walks). Turf or other low ground cover shall be planted in the parkway. RESOLUTION NO. 1818 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2010 -015 TO ALLOW LIVE ENTERTIAINMENT AND DANCING WITHIN AN EXISTING RESTAURANT LOCATED AT 2800 WEST COAST HIGHWAY IN CONJUNCTION WITH A PARKING MANAGEMENT PROGRAM FOR THE PROVISION OF OFF -SITE PARKING LOCATED AT 2750 WEST COAST HIGHWAY (PA2010 -082) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS, An application was filed by Yu -Ter Mau, representing China Palace, with respect to property located at 2800 West Coast Highway, and legally described as the southeasterly 129.15 -foot by 130 -foot portion of Lot F, Tract No. 919, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 29, Pages 31 to 34, inclusive of miscellaneous maps, in the office of the county recorder of the County of Orange requesting approval of a use permit. 2. The applicant requests approval of a use permit to allow live entertainment and dancing within an existing full - service eating and drinking establishment with on -sale alcohol service with off - street parking at an off -site parking lot located at 2750 West Coast Highway. 1 The subject property is located within the Retail and Service Commercial land sub -area of the Mariner's Mile Specific Plan (SP -5) Zoning District and the General Plan Land Use Element category is Mixed -Use Horizontal 1 (MU -1-11). The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed -Use Horizontal (MU -H). A public hearing was held on August 5, 2010 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 3 (New Construction or Conversion of Small Structures). The project consists of minimal change to the physical characteristics of the existing structure. The conversion of the eating and drinking establishment to allow for the addition of live entertainment includes only minor interior modifications to the existing structure for the installation of a new dance floor. Planning Commission Resolution No. 1818 Page 2 of 12 SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.91.035.A 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 the Zoning Code and the purpose of the district in which the site is located. Facts in Support of Finding: A -1. The project is located in the SP -5 (Mariner's Mile Specific Plan) Zoning District within the Retail Service Commercial Sub -Area. The Retail and Service Commercial Sub - Area encourages the continuation of "marine- oriented" uses and the "marine" theme or character of the area; encourages mutually supportive businesses, a continuity of shopping and pedestrian orientation, and prohibits uses, which would interrupt this continuity; and minimizes the number of curb cuts on Coast Highway. The eating and drinking establishment with existing on -sale alcoholic beverage service is a mutually supportive commercial use that serves visitors, residents, and employees in the area. Eating and drinking establishments are a permitted use in this land use district with the approval of a use permit. Therefore, the eating and drinking establishment with on -sale alcohol service and live entertainment is consistent with the purposes of the Mariner's Mile Specific Plan for the Retail Service Commercial Sub -Area. A -2. The location of the eating and drinking establishment is located within Mariner's Mile is surrounded by land uses that are dominated by retail commercial, professional office and visitor serving uses. Restaurant uses with live entertainment can be expected to be found in this and similar locations and are complimentary to the surrounding commercial uses. A -3. The project site is located in an area designated for mixed -use development, but not located in close proximity to residential districts, day care centers, schools, park and recreation facilities or places of religious assembly. A -4. The project has been conditioned in such a manner to require strict adherence to safety and noise regulations. The project design and operational characteristics, as conditioned, meets the intent of the Zoning Code. 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. Tmpli: 04114/10 Planning Commission Resolution No. 1818 Pace 3 of 12 Facts in Support of Finding: B -1. The Land Use Element of the General Plan designates the site for Mixed Use Horizontal (MU -H1). Properties designated MU -111 on the inland side of Coast Highway in the Mariners' Mile Corridor are intended for marine- related and highway - oriented general commercial uses in accordance with CM and CG designations. The existing eating and drinking establishment and proposed live entertainment is consistent with this land use designation. B -2. The existing eating and drinking establishment is located in a commercially designated area and is consistent with the land uses intended for properties fronting West Coast Highway within the Mariner's Mile corridor. The updated General Plan, adopted in 2006, provides opportunities for the integration of residential units on the inland parcels between Riverside Avenue and Tustin Avenue. Due to the potential addition of residential units in the vicinity of the project site, the project has been conditioned as reflected in the draft resolution (Attachment No. PC 1) to regulate parking, trash, and site maintenance. B -3. The use authorized by this permit is not a bar, tavern, cocktail lounge, or nightclub. The City has experienced land use conflicts, nuisance issues, and issues requiring police intervention with these types of activities in the past. Prohibition of these uses or activities will minimize potential land use conflicts, nuisances and police intervention. The Police Department has provided conditions of approval to ensure the safety of the operation as proposed by the applicant. B -4. There have been no alcohol related arrests for the subject property from July 1, 2009 through July 1, 2010. Although the number of alcohol licenses within the reporting district and adjacent reporting districts is higher than the County -wide average and adjacent districts, this level is not significantly high given the nature of the land uses in the district. The percentage of alcohol - related arrests in the police - reporting district in which the project is proposed is lower than the percentage citywide. The preceding information supports the case that the subject establishment will not become an undo burden upon police services with the addition of live entertainment. B -5. Both the General Plan and the CLUP set a development intensity limit of 0.5 floor area to land area ratio (FAR) for non - residential development. The total square footage of 5,347 gross square feet for the project site results in an FAR of 0.32. The proposed project complies with the maximum FAR permitted by the General Plan. Finding: C. That the proposed use will comply with the provisions of this Zoning Code, including any specific condition required for the proposed use in the district in which it would be located. Tmplt: 04114/10 Planning Commission Resolution No. 1818 Page 4 of 12 Facts in Support of Finding_ C -1. The proposed use complies with the development standards for the SP -5 (Mariner's Mile Specific Plan) District. The existing full - service eating and drinking establishment with proposed live entertainment will not be detrimental to the site or to the community based upon the proposed conditions of approval. The proposed conditions of approval ensure that all conflicts with surrounding land uses are eliminated or minimized to the greatest extent possible. C -2. The hours of operation have been conditioned to limit live entertainment at the establishment from 6:00 p.m. to 1:00 a.m. The hours of operation for the establishment will be reduced to 7:00 a.m. to 2:00 a.m., daily. C -3. The approved Parking Management Program will ensure adequate access and utilization of the parking areas provided both on and off -site for the subject establishment. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2010 -015 (PA2010 -082) for live entertainment at the subject establishment, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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. 3. This resolution supersedes Planning Commission Resolution No. 3095, which upon vesting of the rights authorized by this use permit, shall become null and void. PASSED, APPROVED AND ADOPTED THIS Ss' DAY OF AUGUST, 2010. AYES: Eaton, Unsworth, Hawkins, McDaniel, Ameri, and Toerge NOES: None EXCUSED: Hillgren BY:( c e✓lZlS1 law Earl McDaniel, Chairman BY: Mic ae(T-oerge, Secretary Tmplt 04114/10 Planning Commission Resolution No. 1818 _ Page 5 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL (Project - specific conditions are in italics) PLANNING Use Permit No. UP2010 -015 shall be subject to a one year review before the Planning Commission after the date of approval. 2. Prior to issuance of building permits, the applicant shall obtain a determination, in writing, from the Coastal Commission that the project as proposed is not development under the California Coastal Act or obtain Coastal Commission approval of the parcel map. 3. There shall be no live entertainment allowed on the premises without first obtaining a Live Entertainment permit from the City. Prior to the issuance of building permits for the change of occupancy, the applicant shall obtain a Live Entertainment Permit from the Revenue Department. 4. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 5: The hours of operation for the eating and drinking establishment indoors shall be limited from 7:00 a.m.to 2:00 a.m., daily. The hours of operation forthe outdoor dining area shall be limited from 7:00 a.m. to 12:00 midnight. 6. Live entertainment shall be permitted at the subject property from 6:00 p.m. to 1:00 a.m. Dancing is allowed for the hours of live entertainment. The area provided forlive entertainment and dancing shall not exceed 400 square feet. 9. The applicant shall provide licensed security personnel while offering live entertainment. 10. A comprehensive security plan for the permitted uses shall be submitted to the Newport Beach Police Department for review and approval. 11. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. 12. Approval does not permit China Palace 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. 13. Live entertainment shall be as defined in the Municipal Code. TmpIC 004110 Planning Commission Resolution No. 1818 14. The live entertainment use shall be permitted within the interior dining rooms only. Live entertainment provided for restaurant patrons shall remain an ancillary use intended to enhance the dining experience within the restaurant. The live entertainment area shall be physically identified within the restaurant area. 15. Food service from the regular menu must be available to patrons up to thirty minutes before the scheduled closing time. 16. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 17. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except when offered in conjunction with food ordered from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9:00 p.m. 18. 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. 19. The 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. 20. The quarterty 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. 21. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 22. 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 Events Permit issued by the City of Newport Beach. 23. The use of private (enclosed) "VIP" rooms or any other temporary permanent enclosures separate from public areas are prohibited. 24. When offering live entertainment, all doors and windows shall remain closed except for the normal ingress/egress doors. The doors and windows from the primary dining room to the outdoor dining room shall be closed at all times during the hours of live entertainment other than for server access. 25. Live entertainment shall be permitted only within the confines of the main building. No outside paging system shall be utilized in conjunction with this establishment. No Ympi4; 04114110 Planning Commission Resolution No. 1818 amplified music or entertainment is permitted in the outdoor dining area, sidewalk, or adjacent areas. No outside paging system, loudspeaker or other noise generating device shall be utilized in conjunction with this outdoor dining area, No music will be piped into any sidewalk or adjacent areas. 26. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below per the current Zoning Code for the specified time periods unless the ambient noise level is higher: 27. All proposed signs shall be in conformance with the provisions of Chapter 20.67 of the Newport Beach Municipal Code or an approved Comprehensive Sign Program for the project site. 28. The landscape plan for the restaurant site shall be subject to the review and approval of the Parks, Beaches, and Recreation Department, the Public Works Department, and the Planning Department. jCOA UP30951 29. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition. (COA UP30951 30. Final design of the project shall provide for adequate security lighting in public areas and the off -site parking areas. [COA UP3095] 31. The project lighting system shall be designed and maintained in such a manner so as to conceal the light source and to minimize light spillage and glans to the adjacent area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter form the engineer stating that, in his opinion, this requirement has been met. (COA UP30951 32. All trash areas, mechanical equipment, vents, and other service equipment shall be shielded or screened by architectural design from public streets and adjoining properties. [COA UP3095] 33. 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, The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. Tmpll: 04114/10 Between the hours of TOOAM and 10:00PM Between the hours of 10:OOPM and 7:OOAM location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial ro ert 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA N/A 60dBA 27. All proposed signs shall be in conformance with the provisions of Chapter 20.67 of the Newport Beach Municipal Code or an approved Comprehensive Sign Program for the project site. 28. The landscape plan for the restaurant site shall be subject to the review and approval of the Parks, Beaches, and Recreation Department, the Public Works Department, and the Planning Department. jCOA UP30951 29. Landscaping shall be regularly maintained free of weeds and debris. All vegetation shall be regularly trimmed and kept in healthy condition. (COA UP30951 30. Final design of the project shall provide for adequate security lighting in public areas and the off -site parking areas. [COA UP3095] 31. The project lighting system shall be designed and maintained in such a manner so as to conceal the light source and to minimize light spillage and glans to the adjacent area. The plans shall be prepared and signed by a licensed electrical engineer, with a letter form the engineer stating that, in his opinion, this requirement has been met. (COA UP30951 32. All trash areas, mechanical equipment, vents, and other service equipment shall be shielded or screened by architectural design from public streets and adjoining properties. [COA UP3095] 33. 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, The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. Tmpll: 04114/10 Planning Commission Resolution No. 1818 PageAof12 34. 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. 35. 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. $6. 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). 37. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 38. 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. 39. The development shall be in substantial conformance with the approved site plan, Floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 40. Use Permit No. UP2010 -0015 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. 41. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 42. 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. 43. 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. 44. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 45. 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. Tmplt: 04/14/10 Planning Commission Resolution No. 1818 Page 9 of 12 46. 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. 47. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the China Palace Use Permit for Live Entertainment including, but not limited to, Use Permit No. UP2010 -015 (PA2010 -082). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. Fire Department Conditions 48. That all access to the building be approved by the Fire Department. [COA UP3095] 49. That all on -site fire protections (hydrants and Fire Department connections) shall be approved by the Fire and Public Works Department. [COA UP3095] 50. That prior to the issuance of building permits, the Fire Department shall review the proposed plans and may require automatic fire sprinkler protection. [COA UP3095] 51. The landscape plan shall place heavy emphasis on fire- retardant vegetation. [COA UP3095] Building Department Conditions 52. Strict adherence to maximum occupancy limits is required. A building permit is required to allow the change in occupancy. Plan Check No. 0316 -2010 for tenant improvements to the subject property shall be revised to reflect the new calculated occupant load to accommodate live entertainment. The plans shall calculate the occupant load, including all occupied areas, patio, and dance floor based on the CBC Chapter 4. The plans shall verify that the existing number of plumbing fixtures complies with Table CBC 4 -1 (Restaurants). All plans and work must comply with the California Building Code. 53. 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. 54. Approval from the Orange County Health Department is required prior to the issuance of a building permit. Tmpll: 04/14110 Planning Commission Resolution No. 1818 Page 10 of 12 55. The construction plans must meet all applicable State Disabilities Access requirements. Handicapped parking shall be provided in a manner and quantity approved by the City Traffic Engineer. The handicapped parking shall be available for self-parking. [COA UP3095] 56. Fugitive dust emissions during demolition and construction shall be minimized by watering the site for dust control, containing excavated soil on -site until it is hauled away, and periodically washing adjacent streets to remove accumulated materials. [COA UP3095] 57. A washout area for the restaurant trash to assure direct drainage into the sew drains. [COA UP3095] containers shall be provided in such a way as ;r system and not into the Bay or the storm 58. Grease interceptors shall be installed on all fixtures in the restaurant facilities where grease may be introduced into the drainage systems in accordance with the provision of the Uniform Plumbing Code. [COA UP3095] 59. Kitchen exhaust fans shall be designed to control odors and smoke. (COA UP3095j 60. Final design of the project shall provide for the incorporation of water - saving devices for project lavatories and other water -using facilities. [COA UP3095] Public Works Conditions 61. A minimum of one parking space per 50 square feet of "net public area' shall be provided for the restaurant use from 11:00 a.m. until 6 :00 p.m, and that a maximum of 13 of the required restaurant parking spaces may be located in the Mariner's Mile Municipal parking lot. [COA UP3095] 62. A total of 26 parking spaces shall be provided on -site for the full - service eating and drinking establishment during operating hours from 6:00 p.m, to closing. 63. A total of 30 parking spaces shall be provided in the off -site parking lot located at 2750 West Coast Highway or at C'est Si Bon Bakery at 149 Riverside Avenue, #B from 6 :00 p.m. to closing. Should the bank or C'®st Si Bon Bakery at 149 Riverside Avenue, #B extend its hours of operation beyond 6:00 p.m. or the property owner of 2750 West Coast Highway and at C'est Si Bon Bankery at 149 Riverside Avenue, #B terminate the parking offered to 2800 West Coast Highway, the live entertainment at the subject property shall be invalidated unless adequate off-street parking can be obtained fro the subject property. 64. As a condition precedent to the Applicant conducting operations under Use Permit No. UP2010- 015(PA2010 -082), the Applicant shall obtain the Planning Director's approval of a written agreement between the Applicant (as lessee) and the owner of the property located at 2750 West Coast Highway (as lessor) providing parking for thirty (30) cars. If at any time the bank, located at 2750 West Coast Highway, extends its hours of operation beyond 6 :00 p.m., or if Applicant's possession of the parking lot is terminated, or if the agreement is terminated for any reason, then the live entertainment rights of the Applicant to operate under the above - referenced Use Tmplt: 04/14/10 Planning Commission Resolution No. 1816 Permit shall immediately terminate until replacement off -site parking, acceptable to the Planning Director, is obtained for the subject property. 65. Valet parking is not permitted at 2750 West Coast Highway. If valet parking is proposed at the off -site parking location, the applicant shall submit a new valet operation plan. 66. Six compact parking spaces shall be permitted within the on -site parking area. (COA UP3095] 67. Valet parking shall be required on -site during operating hours from 11:00 a.m. to 6:00 p.m. as long as the tandem configuration of parking (parallel parking in the drive aisle) remains on -site. 68. The valet operation shall not impact the public right-of-way. Vehicle staging, drop off and pick -up shall occur on -site only and the valet pick -up and delivery station shall not be located in the public- right -of -way. (COA UP30951 69. The valet parking service shall not preclude the use of a portion of the independently accessible spaces by patrons wishing to park their own car. The self -park spaces shall be clearly designated, (COA UP30951 70. The applicant shall discourage patrons from crossing Riverside Avenue at mid -block locations and direct patrons to use to utilize nearby crosswalks. 71. That the on -site parking, vehicular circulation and pedestrian circulation be subject to further review by the City Traffic Engineer, and that no parking be allowed on the entrance drive within 16 feet of the property line. (COA UP30951 72. That all improvements be constructed as required by ordinance and the Public Works Department. 73. That 13 parking permits shall be purchased from the City on an annual basis. Said parking permits shall be distributed to the employees of the restaurant for their use in parking in the municipal lot (COA UP30951 74. That employees of the restaurant shall be required to park in the municipal parking lot. (COA UP30951 75. The signage for take -out parking in the ADA access pathway shall be removed. 76. That the intersection of streets and drives be designed to provide site distance for a speed of 35 miles per hour. Landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight distance line shall not exceed twenty -four inches in height. The sight distance requirement may be approximately modified at non - critical locations, subject to the approval of the Traffic Engineer. [COA UP3095] 77. That the applicant's leasehold interest to a 19 -foot by 19 -foot -45 degree corner cutoff at the northwesterly comer of Riverside Avenue and West Coast Highway and to 18 feet of right -of -way be dedicated to the public for street and highway purposes along Ympit: 04/14110 Planning Commission Resolution No. 1818 the West coast Highway frontage, and that the building be relocated towards the westerly side property line so as to provide for the required corner cutoff. (CO A UP30951 78. That prior to obtaining building permits, the Applicant shall agree he will not request adjustments to rental fees based on the City's acquisition of the 18 -foot wide strip and comer cutoff, reducing the size of the parcel. [COA UP3095] 79. That the future street area be landscaped and maintained by the Applicant until such time as it is needed for street purposes. [COA UP3095] 80. That all vehicular access rights to West Coast Highway be released and relinquished to the City of Newport Beach prior to issuance of any building permits. (COA UP30951 81. That street and utility improvements be shown on standard improvement plans prepared by a licensed civil engineer. (COA UP30951 82. That the Applicant acknowledges and agrees increase the need for on- street parking along Applicant agrees not to claim any economic restriping or widening of West Coast Highw parking. [COA UP3095] Tmpll: 04/14110 that the proposed development will not West coast Highway and therefore, the loss for the removal of parking for the ly on the grounds of loss of on -street Worksheet for Fire Permit Application City of Newport Beach - Building Department Please print 3 copies 47-- f I'— d) / p Ole. 20 10 r7j Fire Sprinkler r,. Fire Alarm r Misc 1. Project Address (Not mailing address) Floor Suite No . .. .. ... .. . . Tenant Name (if Applicable) # of Units (if Residential I . ........ .... ... .... ..... .... F7 2. Description of Work If Sprinkler How Many Check Appropriate Box for Applicant/Notification Information 3. Owner's Name Last I 0- 6 I I First Use Valuation$ r-3 p®, # Stories 17 CK6. Contractoes Name Lost i j First Lic. No. 1p/ 1 Class jp Contractor's Address (%#1 Contractor s E -mail Address U,tG• 41) A Lr1 ..... ........ ...... .... P State Telephone city OFFICE USE ONLY /, / D / (/I ,2 PERMIT NO. V—V:� &'/, r2 / A PLAN CHECK NO. 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Exist House SF ('- F Demo House SF Add/Reconstruct House SF Exist Gar SF 1 Demo Garage SF AddlReconstruct Garage SF F TOTAL HOUSE SF F- New FlAdd Alter r,..Demo TOTAL GARAGE SF lbw Floor Suite No # Units (if Residential) Use 4VaIua,,!.on1 �, 00 . .. ....... ... ........ .. #Stories FT Check Annronriate any far AnnfinAnt * 14Y 2 R .- f . I FVA Ownees Name Last r First F ........... ... ... ......... . .... J-a UK Owner's Address Owner's E-mail Address . . . . . . . . . . . . . . . . . ..... City state :t..w � eq, ... ......... zip Teiephon 4. Architect/Designees Name Last �� First Lic. No. g. . ...... ...................... ArchitectlDesignees Address Architect/Designer's E-mail Address 47ir-ppirt, 'Dr. 5U/N-tt 310 . ............. - ... . . ...... city State Zip Telephone fj ad 00 Lic. No. ✓-j 5. Engineer's Name Last First Engineers Address Engineer's E-mail Address .... .. . .. .... Ce. I.r. ter .. ..... .. ..... I .. .. ... ... ... . .. .... ....... . . .... . . .. ........ ....... .... . .... . .. ... . .. . .... ...... .. .7 .. . .. ............ City ttey....Lo:tar ........ .... I . ....... ... State ZiPF..�� Telephone %6-^ 74q_gj 1.2 Class .... ...... F777 F- 6. Contractor's Name Last First u5;ii77 Lic. No. Cantractor's Address Contractor's E-mail Address car �sr Zip .. ........ .... ... City State Telephone e G3 - 4 OFFICE USE ONLY ENERGY P/C FEE $ ue),Ou PERMIT NO. a It. GRADING P/C FEE $ 2 Le() - 0t7— PLAN CHECK NO. Rev 1118107 ELECIMECKPLUMP/t-- 7 1 C% j. _s + N ; i sw ✓. � , h` !� j � �..r �.. rq, ., �., r ., 0310 - (��V • ZD � r c) 0+- V' o STRUCTURAL CALCULATIONS AND PLANCHECK RESPONSE CHINA PALACE PATIO WALL CHINNA PALACE RESTAURANT 2800 W. Pacific Coast Hwy Newport Beach, CA March 25, 2010 i Or n'F.WPORT BEACH B! CLSSJG UEPARTN Xl AIT 10R,L Or Th'ESE PLANS QO'r.S NCT'COV'cTl'fCTE oY.PRE$E UR INPLIEq AUTUORIZAiION TO CONei9IICTAIfY BGiL!Nr;,!I •��'0_A{ION'OPi;R 1')O'I I fN'i N9Td .I {E ORDINANCES. P', ANS. q!,C POLICIES f.T qr. CITY Cc ry °'SPURT 3EAfP. TB IS FPFROVAL QOP.S NUT GUARA�iiEE -6Ri 'f!E3E PLF ^!&ARE IN AU RESPECT$, IN COt4PUAd;CE'A.TNCITY, BUILDING, RNU 7.On'ry!; C 4STJA; IGE3, PLAIDS ANS PC-ICIES, i�iE faT'r OR AIEVrPU7T BEACH RE9EnVG5 ; He r',IGhT 70 RtGpIRFANY PERN1'T'i EE i0 R!''6nE rE BL LSi;,G STRUCTURF.OR If6PROVE 1SENi AUTNOR'ZEC vY TdESE PLANS 6: i' ?., p;;R�giG O4 A; TER CUNSTRUCi IOPI IP NECESSARY TU COMPLY WITH THE 0 "'lll.l(pcC Pl ANSFlND POIIC 'h$OPiHE CITYOPNEWPORiBEAC(d. P!: R ^.11T TFE'S ACKFIONlLEDGEirIEIJT; —. T _ _ cl, (SIGNATURE) .._`— - ...- rIATUE n , i i i i J >, t WYNN ENGINEERING INC. 27315 Valley Center Road Valley Center, CA 92082 (760) 749.8722 (760) 749.7493 Fax JOB: SHEET NO.: OF: CALCULATED BY: CHECKED BY: SCALE: DATE: DATE: VC-D PLAN CHECK RESPONSE Date: March 25, 2010 To: Eric Skarin From: Steve Reid / Jack Starlin, S.E. Subject: Response to Structural Plan Check Corrections Project: Plan Check # 0316 -2010 The following is a summary of the Structural Plan Check corrections, and our response: 22. Provide structural calculations for design of glass screen base shoe and connection to top of CMU W.E. See new calculations pages PCl -PC2. Base is ok as Is. 23. Provide details of glass screen base shoe connection to top of CMU wall and connections at each end of precast concrete fire feature support. W.E. See supplied detail SX2.2 already provided. Please do not hesitate to call with any questions or comments concerning this response and our revised plans and calculations. Sincerely, Steve Reid For lack Starlin, SE Wynn Engineering Inc. WYNN ENGINEERING INC. 27315 Valley Center Road Valley Center, CA 92082 (760) 749.8722 (760) 749 -7493 Fax GoNVEc.TSOn� Ar (ice S SHEET NO. OF CALCULATED BY `7 ®n°' DATE 3&P CHECKEDBY DATE SCALE D PROD= all WYNN ENGINEERING INC. 27315 Valley Center Road Valley Center, CA 92082 (760) 749.8722 (760) 749-7493 Fax SHEET NC. I !°L OF CALCULATED BY_ —jQj-' — DATE CHECKED BY DATE SCALP C ,Mi 60,N €6710 : n mnnHreom X1'5 A. GENERAL SPECIFICATIONS 1. ALL DESIGN AND CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE 2007 CALIFORNIA BUILDING CODE, 2007 CALIFORNIA PLUMBING CODE, 2007 CALIFORNIA MECHANICAL CODE, AND THE 2007 CALIFORNIA ELECTRICAL CODE. 2. ALL DETAILS, SECTIONS, AND NOTES ON DRAWINGS ARE INTENDED TO BE TYPICAL AND SHALL APPLY TO SIMILAR SITUATIONS ELSEWHERE UNLESS OTHERWISE NOTED. 3. THE CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND CONDITIONS AT THE SITE. WHERE ACTUAL CONDITIONS CONFLICT WITH THE DRAWINGS, DISCREPANCIES SHALL BE REPORTED TO THE ENGINEER SO THAT THE PROPER REVISIONS CAN BE MADE PRIOR TO PROCEEDING WITH THE WORK. 4. ALL GENERAL CONTRACTORS, SUB — CONTRACTORS, ARCHITECTS, AND ENGINEERS CONDUCTING BUSINESS ARE REQUIRED TO MAINTAIN A CURRENT BUSINESS LICENSE, 5, A RE— INSPECTION FEE WILL BE CHARGED FOR AN INSPECTION WHICH IS CALLED WITHOUT PROVIDING ACCESS, PLANS, OR IF THE JOB IS NOT READY. 6, DIMENSIONS SHALL NOT BE SCALED FROM THE DRAWINGS. 7. ALL ASTM DESIGNATIONS SHALL BE AS AMENDED TO DATE UNLESS OTHERWISE NOTED. 8. ALL OMISSIONS OR CONFLICTS BETWEEN THE VARIOUS ELEMENTS OF THE WORKING DRAWINGS AND /OR SPECIFICATIONS SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER BEFORE PROCEEDING WITH ANY WORK INVOLVED. 9. CONTRACTOR TO PROVIDE ADEQUATE SHORING AND BRACING TO SUPPORT ALL LOADS DURING CONSTRUCTION. 10, A SURVEY SHALL BE PROVIDED BY A LICENSED SURVEYOR ON STRUCTURES WHICH DEFINE PROPERTY LINES, SETBACKS, DESIGNATED PARKLAND OR STREET RIGHT —OF —WAY. �a 27315 Val Icy Center Road YRVJGUI INYURMAIIUw: STRUCTURAL SPECIFICATI ®NS OCAL 'Z�I�ZU3U Aa ay. NTS JOB No: CHINA PALACE PATIO WALL Valley Center, CA 92082 Voice: 760.149.8722 2800 W PACIFIC COAST HWY GX g Fax: 760.749.7493 NEWPORT BEACH, CA �•" `1•o acs lFEif fRAWNCS NE NOT V1d10 FOR OS6RUCPW W FCS riV FNIiNEFA a IF(%Ydf N/S STMFFD OB01E NU 9P® WiH A NET 4rfIANS YL'l B. GRADING AND WEWORK 1. THE SURROUNDING AREAS SHOULD BE GRADED SO AS TO ENSURE DRAINAGE AWAY FROM THE BUILDING, 2. ALL FOOTINGS SHALL BEAR A MINIMUM OF 18" BELOW LOWEST ADJACENT GRADE OR CONTROLLED COMPACTION UNLESS NOTED OTHERWISE ON THE PLAN, 3. ALL BACKFILL SHALL BE COMPACTED TO ORE IN DEPTH, UNLESS NECESSARY PERMITS HAVE BEEN OBTAINED FROM THE STATE OF CALIFORNIA DIVISION OF OCCUPATIONAL SAFETY. 8. SEE CIVIL DRAWINGS, IF PROVIDED, FOR ANY ADDITIONAL SPECIFICATIONS AND INFORMATION, 9. EXCAVATIONS SHALL BE MADE IN COMPLIANCE WITH CAL. —OSHA REGULATIONS. PROJECT INFORMAHONU DATE: 2Ji/2OIU SCA STRUCTURAL SPECIFICATIONS doe E: NTS ;g, oeaxtt er: JPC gag 27315 Valley Center Road CHINA PALACE PATIO WALL J08 No: g Valley Cenlcy CA 92082 Voice: 760.749.8722 2800 W PACIFIC COAST HWY SX11 y Fax: 760,749.7493 NEWPORT BEACH, CA D. CONCRETE AND FORMWORK 1. CEMENT SHALL CONFORM TO THE REQUIREMENTS OF ASTM C150 TYPE II, 2, SPECIFIED COMPRESSIVE STRENGTH F'C SHALL BE AS FOLLOWS: I. FOOTINGS AND SLABS ON GRADE ............. 2500psi II, RETAINING WALLS ........ ............................... 2500psi III. WALLS AND STRUCTURAL SLABS, ............. 3000psi IV. BEAMS AND COLUMNS ............................... 3000psi V. PILES, CAISSONS, AND GRADE BEAMS...... 3000psi 3, COARSE AGGREGATE TO BE HARD, DURABLE CRUSHED STONE OR GRAVEL GRADED PER ASTM C33. MAXIMUM SIZE OF COARSE AGGREGATES SHALL NOT EXCEED 1 -1/2 INCHES. 4. SAND SHALL BE CLEAN, HARD, DURABLE, WASHED, FREE FROM SILT LOAM OR CLAY. 5. MIXING WATER SHALL BE CLEAN AND FREE FROM INJURIOUS AMOUNTS OF ACIDS, ALKALIS, ORGANIC MATERIALS OR OTHER DELETERIOUS SUBSTANCES. 6. FORM WORK SHALL CONFORM TO CBC SEC. 1906. FORM WORK FOR STRUCTURAL SLAB TO REMAIN IN PLACE AT LEAST 14 DAYS AFTER POURING THE CONCRETE. 7. ALL PIPES AND DUCTS THROUGH CONCRETE TO BE SLEEVED PER CBC SEC. 1906 (C). VERIFY ALL OPENING LOCATIONS WITH PLUMBER AND ELECTRICIAN, 8. CONCRETE FLOOR SLAB IN AREAS TO BE COVERED WITH MOISTURE SENSITIVE COVERINGS SHALL BE CONSTRUCTED OVER A PLASTIC MEMBRANE. THE PLASTIC SHOULD BE PROPERLY LAPPED SEALED AND PROTECTED WITH A SAND BASE. SEE FOUNDATION PLAN FOR MEMBRANE AND SAND BASE THICKNESS. SEE DETAILS FOR EXPANSION JOINTS, CONSTRUCTION JOINTS AND CRACK CONTROL JOINT AS REQUIRED IF CALLED OUT ON THE PLANS. 9, EXTERIOR SLABS SHALL BE STRUCK LEVEL AND SLOPED TO DRAIN AWAY FROM STRUCTURE AND SHALL NOT HOLD PUDDLES. QG� 1 DRAWN APE NOT VMD FOR Nrs STAISE➢ ABow MD i 1`nudaQ1 MUMAIOn: DATE: 2 /7/2010 ®�' STRUCTURAL SPECIFICATIONS MALE! NTS k DrtAa Dr: JPC CHINA PALACE PATIO WALL 27315 Valley Center Road JOB No: Valley Center, CA 92082 Voice: 760,749.8722 2800 W PACIFIC COAST HWY //�� S�/1, rj L Fax: 760.749.7493 NEWPORT BEACH, CA 1 DRAWN APE NOT VMD FOR Nrs STAISE➢ ABow MD i �LI6 E. MASONRY 1. CONCRETE MASONRY UNITS (CMU) SHALL BE SINGLE —OPEN —END MEDIUM WEIGHT BLOCK CONFORMING TO ASTM C90. BLOCKS SHALL HAVE A MINIMUM AVERAGE COMPRESSIVE STRENGTH OF 1500psi. 2. CMU DESIGN IS BASED ON A SPECIFIED UNIT COMPRESSIVE STRENGTH OF F'm = 1500PSI. 3. MORTAR SHALL CONFORM TO ASTM C270. MORTAR SHALL BE TYPE M OR S WITH A MINIMUM AVERAGE COMPRESSIVE STRENGTH OF 1900psi AT 28 DAYS, 4. GROUT SHALL CONFORM TO ASTM C476. GROUT SHALL ATTAIN A MINIMUM AVERAGE COMPRESSIVE STRENGTH OF 2000ps1. GROUT SHALL BE FLUID IN CONSISTENCY, 5, ALL CELLS SHALL BE SOLID GROUTED EXCEPT WHERE SPECIFICALLY NOTED ON PLANS. 6. UNITS SHALL BE STORED UNDER COVER AND OTHERWISE PROTECTED FROM MOISTURE. 7. VERTICAL REINFORCEMENT STEEL IN HOLLOW UNITS SHALL BE HELD IN POSITION AT THE TOP AND BOTTOM AND AT INTERVALS NOT EXCEEDING 192 BAR DIAMETERS. o " 9(ND wM A MUOLGI INVUKMAINN: STRUCTURAL SPECIFICATIONS DATE: z/7 /ZUIU SCALE: NTS DRAM 81 Y. PC doe Ne: 27715 Valley Center Road CHINA PALACE PATIO WAIL g Valley Center, CA 92082 Voice: 760.749.8722 2800 W PACIFIC COAST HWY �/i S SX y Fax: 760.749.7492 NEWPORT BEACH, CA i /� 1.� o " 9(ND wM A F. REINFORCING STEEL 1. REINFORCING STEEL SHALL BE DEFORMED BARS CONFORMING TO ASTM A615 WITH THE FOLLOWING GRADES: I. #3 AND #4 ............................. GRADE 40 OR 60 II. #5 AND LARGER .................... GRADE 60 3. REINFORCING BARS TO BE WELDED SHALL CONFORM TO ASTM A706 GRADE 60. 2. ALL DOWELS, ANCHOR BOLTS, AND OTHER INSERTS SHALL BE PROPERLY SECURED IN PLACE PRIOR TO PLACING CONCRETE. 3. ALL REINFORCING STEEL SHALL HAVE THE FOLLOWING MINIMUM CONCRETE COVERAGE: I. CONCRETE PLACED AGAINST EARTH .................. 3" II. CONCRETE WITH FORMED SURFACES IN CONTACT WITH EARTH ............................... 2" III. CONCRETE EXPOSED TO WEATHER ..................... 3" IV. SLABS, WALLS, AND JOISTS NOT EXPOSED TO WEATHER OR IN CONTACT WITH EARTH ( #11 OR SMALLER) .................... 3/4" V. BEAMS, COLUMNS, AND GIRDERS NOT EXPOSED TO WEATHER OR IN CONTACT WITH EARTH...., ............. - ..... .... .... 1 -1/2" `v' STRUCTURAL SPECIFICATIC 27315 Val cy Ccntvr Road CHINA PALACE PATIO WALL Valley 760.74 9.A722 CA 92082 Voice: 7E0.74 2800 W PACIFIC COAST HWY Fax; 760.749.7493 NEWPORT BEACH, CA N R T MD FOR 10 UATZ ilLU I scA l NTS 0kAWN eY: JPC Joe H. SX1.4 8" CMU WALL SOLID GROUT CELLS WITH REINFORCING ONLY #5 ® 32" OC VERT. #4 ® 32" OC HORIZ. 27315 Valley Center Road Valley Center, CA 92082 Voice: 760.749.8722 Fax: 760.149.7493 DBAWNDB N NOT VALID FOR CWSIRUMW U ht • 5" CONCRETE SLAB W/ #3 ® 18" OC EACH WAY DOWELS ® 18" OC 18" 6" 1 SLAB TO WALL CONNECTION CHINA PALACE PATIO WALL 2800 W PACIFIC COAST HWY NEWPORT BEACH, CA tl3r c, rro=1 S'IN.ikD MM M 900 WI A W r 9"IV E DAZE: 411 / 4414 SCAM NTS DRAWN By: JPC JOB No: SX2.0 QLlA 8" CMU WALL J 4 SOLID GROUT CELLS WITH REINFORCING ONLY #5 ® 32" OC VERT. #4 ® 32" OC HORIZ. #5 DOWELS ® 24" OC ALTERNATE BENDS 24" 12" (2) — #4 rnvwc�t mrunMAMM; DATE: Z/l /ZULU WALL FOOTING 5 °A�E. NiS CRAM BY. JPC CHIINA PALACE PATIO WALL 27315 Vuilcy Cenmr RuuJ w ' Vaue; 760.er9.872282 Voice; 760.749.8722 2800WPACIEIC COAST HIWY Q�(� �% /` F +A:76o.7ae.7a93 NEWPORT BEACH, CA "� SHOE AN PER MANUFACT #4 8" CONCRETE 8" CMU WA SOLID GROUT CEL WITH REINFORCING ONI #5 0 32" OC VEF #4 @ 32" OC HOR BOLTS @ 8" OC W/ EMBEDMENT T j ,' BASE SHOE CONNECTION 21315 Valley Center Road CHINA PALACE PATIO WALL Valley Censer, CA 92082 Voice: 760.749.8722 2800 W PACIFIC COAST HWY ` Fax: 760.749.7493 NEWPORT BEACH, CA ARE NOT VALID FOR ST*gw DAM; 2/7/201(1 SOME! NTS DRAM er. JPC Joe no: S/ 2.2 NEW SLAG EXISTING FOOTING 6' MIN-7 EMBED BARS V INTO (E) FTG w/ SIMPSON SET -XP EPDXY (ICC ESR -2508) f7'' SPECIAL INSPECTION REQUIRED FOR ALL EPDXY FDN_boPICAL NEW SLAB to EXISTING FOOTING CONNECTIOM,N 27715 Valley Center Road Valley Centu, CA 92082 Voice: 760.749.8722 Fax: 760.749.7493 N) SLAB TO (E) FOOTING CHINA PALACE PATIO WALL 2800 W PACIFIC COAST HWY NEWPORT BEACH, CA 0\ DATE: L /I /ZUIV SCALE: NITS DRAM BY: JPC JOB No SX2.3 + J I I r U l P ject Description: r'4' &Address: 1 Plan Check No.: Use: Restaurant CITY OF NEWPORT BEACH BUILDING DEPARTMENT 3300 NEWPORT BLVD. P.O.BOX 1768, NEWPORT BEACH, CA (949) 644 -3275 TENANT IMPROVEMENT CORRECTIONS R/R Bar and Add Outdoor Patio 2800 W. Pacific Coast Highway 0316 -2010 Date Filed: 02/26/10 Occupancy: A2 ArchitecUEngineer: Keith Stanton Palmer Owner: Jack Mau Phone: (949)631 -8031 Checked by: Eric Skarin Phone: (949)644 -3270 No, Stories: 1 Const. Type: VB Phone: (310)326 -9111 Submitted Valuation: $100,000 Permit Valuation; q X 1 a1 Check — arial 2 "d Check — arial 3d Check — anal 03/12/10 11 04/23/10 � 05/05/10 4th Check* OTC *NOTE: Do not resubmit after the 3rd plan check. Call plan check engineer 05/06/10 for an In- person recheck appointment. WARNING: PLAN CHECK EXPIRES 180 DAYS AFTER SUBMITTAL. THIS PLAN CHECK EXPIRES ON: 08125110 Approval of plans and specifications does not permit violation of any section of the Building Code or other City ordinances or State law. This plan check is according to 2007 California Building Code. • Make all corrections listed below. • DO NOT resubmit after the third check. Call plan check engineer and schedule in- person recheck. • Return this correction sheet and check prints with corrected plans. • Indicate how each correction was resolved, GENERAL CITY OF NEWPORT a =P J! ; - . ,:v at iHt dUILDiNG STRUOi'Jr„ ' B f, DIJVR G ^OR AFTER CU: fi- i.I:YPEBL6,T�Ee i( B 1 TIEL PLAVi 'Cc PLAANDOLIC�6 i�din C01PLY Wlif'THE . Rlannirag-Bepartrraent PER "T7FE CACOXWLEDGEIAL,;` . . ..r�df BrlC}l. r re Department 1, _„t :e PublIG ei# Appro ..... —_..� F ^FiL7V.41 TOTO ISBL'E'� DATE: Shored\Correction ListsMCORR 2007 05/06190 Page 1 of 7 RECHECK 1 CORRECTIONS Shered\Correction ListsITICORR 2007 05!06/10 Page 7 of 7 V 4t, CITY OF NEWPORT BEACH BUILDING DEPARTMENT 3300 NEWPORT BLVD. P.O.BOX 1768, NEWPORT BEACH, CA 92658 (949) 644 -3275 HAZARDOUS MATERIALS QUESTIONNAIRE If the answer to any of the questions below is yes, applicant must contact the Fire Prevention Office, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915. Telephone: (949) 644 -3106. Business Name Contact Person Telephone oh;na Tee. ( Touk Yzjw 14q 466 -78 'Ys Mailing Address City St to Zip .28bD Ld .GJGS't H-W v /1 A N 67) Site Address CIty Zip 2- ED,) W. YES NO 1. ❑ Will your business activity generate Hazardous Waste in any quantity, in any physical form (solid, liquid, gas)? 2. ❑ [ Will your business at any one time store, use or handle Hazardous Substances in quantities equal to or greater than 55 gallons, 500 pounds or 200 cubic feet of compressed gas? 3. ❑ a Will your business store, use or handle Carcinogens or Human Reproductive Toxins in any amount? 4. ❑ [+/� Will your business use an existing or install an Underground Storage Tank for Hazardous Substances or Hazardous Wastes? 5. ❑ 2 Will your business store, use or handle Acutely Hazardous Materials? 6. ❑ If your business will be handling Acutely Hazardous Materials, will your business be located within 1,000 feet from the outer boundary of a school? Briefly describe the nature of the business activity: Printed Name of Respondent: Circle one: owner lessee agent �U G h e tenant architect engineer I declare under penalty of getjury that to the best of my knowledge and belief the responses made herein are true and co 2 4 /6/lo SiQnatur spondent Date ,r South Coast AIR QUALITY MANAGEMENT DISTRICT 21865 E. Copley Drive, Diamond Bar, CA 91765.4182 (909) 396 -2000 AIR QUALITY PERMIT CHECKLIST for non - residential buildings only Location of Property: Z 00 W . C.oC5P ,�,s /��� l Zip Code!-i 6� Company Name :` , 171 .4I�GG ��CtGiUy�ih� Contact Person:' %7A-6L al /f (alt Title: � ._, e�Dhei',� � Telephone Number: 4616 � 803 0 gy Fax Number: Type of Industry/Business: GS fa14rA hri Any person applying for a nonresidential building permit must complete this checklist. If you have any questions about completing this checklist, please call 1 800 388 -2121 for assistance, 1• Will the building house a restaurant (wih'a charbroiler)? YES N® 2- Will any internal combustion engines with greater [ ] [ than 50 Horse Power operate at the facility? (excludes motor vehicles) 3< Will operations at the facility involve the mixing, blending, or processing of solvents, adhesives, paints or [ ] [ coatings? 4• Will.an dust or smoke be generated at the facility? 5. Will relining of any liquids or solids be done at the facility? 6• r coating of materi Will any plating oals be done at the ility? facility? [ ] %• Will a combustion equipment rated greater than 2,000, nyy 013tu /hr by operated at the facility? [ r [ 8• Will any acids, solvents, or motor fuel be handled or stored f at the facility? 9• Will any organic liquids or gases be reacted or produced? 10. Will any ovens be used to dry or cure products at the facility? 11. Will any CPC recycling machines operate at the facility? Person Preparing this Form: ] [� Name:. C k M C l Signature: Clea y) If you have marked "No" inll the boxes, an air quality permit is not needed at this time, Thls checklist is your written release. If Ma agemaeent District (AQMI)). the ead the requirements on he back of the cheecklist. 1800 388.2121 "V,fed 8/26/94 (FAX 1909 396 -3335) 10/3/13 Plan Check Number Status Description Street No. Street Name Applied Approved Expired Plan Checked By Cityof Newport Beach: Plan CheckStatus Plan Check Submittal Information 2267 -2011 APPROVED TI "DIVE BAR BBQ" 3,733 SF 2601 COAST HWY 11/23/2011 2/21/2012 5/21/2012 YB Click here to view Plan Check Comments Plan Check Latest Comment / Action Street Din W Date Division Action Entered by 02/21/2012 BIUE�I(N E proved YB 02/21/2012 PLANNING Approved FN 02/16/2012 11 PUBLIC WORKS Approved DK 02/08/2012 ELEC/MECH /PLUM Approved BE 02/08/2012 FIRE Approved SG Plan Check History Date Division Action - Entered by 02/21/2012 PLANNING Approved FN 02/21/2012 BUILDING Approved YB 02/16/2012 PUBLIC WORKS Approved DK 02/13/2012 PLANNING Corrections Required FN 02/13/2012 PUBLIC WORKS Corrections Required DK 02/08/2012 ELEC /MECH /PLUM Approved BE 02/08/20i2 BUILDING PartlalApproval YB 02/08/2012 FIRE Approved SG wmN. .newportbmchca.gov(ndexaspWpage =1060 212 CITY OF NEWPORT BEACH r COMMUNITY DEVELOPMENT DEPARTMENT ,,,. •<�' BUILDING DIVISION 3300 Newport Boulevard I P.O. Box 1768 1 Newport Beach, CA 92658 www.newportbeachca.gov 1 (949) 644 -3200 TENANTIMPROVEMENT PLAN REVIEW COMMENTS Project Description: TENANT IMPROVEMENT Project Address: 2601 WEST COAST HWY Permit App. Date: 11 -23 -11 Occ. Group: A2 Stories: 1 ArchitecUEngineer: ApplicantlContact: Occ. Load: Fire Sprinklers: JOSEPH SMART GERALD MICHAELS Plan Check Engineer: YOUSEF ❑ 13t Review: (date) x❑ 2nd Review: Italic comments Plan Check No.: 2267 -2011 Permit Valuation: $280000 Type of Const: VB Plan Check 05 -21 -12 Expiration Date: Phone: 949- 757 -3240 Phone: 949- 757 -3240 Phone: 949- 6443278 ❑3rd Review: By Appointment The project plans were reviewed for compliance with the following codes and standards: 2010 CBC; 2010 CPC; 2010 CEC; 2010 CMC; 2008 Building Energy Efficiency Standards (BEES) & Chapter 15 of the Newport Beach Municipal Code (NBMC). The code section references are from the 2010 CBC, unless otherwise stated. • TO EXPEDITE PROJECT APPROVAL: Please provide a written response indicating how and where each comment was resolved on the plans. • Resubmit all previously reviewed plans, updated plans and supporting documents with each subsequent review. • AFTER 2"d PLAN REVIEW Please call the plan check engineer listed above to schedule a plan review appointment, to expedite project approval. • For clarification of any plan review comment, please call the plan check engineer listed above. • Plan review status is available online at www.newporfbeachca.gov Project status is also available using the interactive voice response system at 949- 644 -3255, or by speaking with a permit technician at 949 - 644 -3288 during business hours. Corr UsflTenant Improvement PlanRmiewComments 1012011 1 GENERAL 1. Include the following on all plan sheets in the title block: a. Property owner's name, address and telephone number. 2. Obtain plan review approval from the following: a. Building Division — EMP Plan Review, b. Fire Department, c. Planning Division, d. Public Works Department, e. Orange County Health Department. 3. Final drawings which will be approved for permit issuance shall be signed by the respective design professionals. This correction will not be resolved until permit is ready to be issued. FLOOR PLAN & MISC. CONSTRUCTION DETAILS 5. Verify that the number of plumbing fixtures provided complies with CPC Tables 4 -1 & A. Include a summary of the number of fixtures required and provided on the plan. Please refer to footnote # 14 @ table 4 -1 of plumbing code. let Recheck: See red marks on drawings EXITING 6. In non - sprinklered buildings, exits from a suite or floor shall be separated by a distance not less than Y the diagonal of the suite or floor respectively. 1015.2.1. (See comments on sheet A0.2.) let Recheck: Pending approval of modification request 7. Provide a door schedule and specify hardware for each door. let Recheck: Specify hardware type for all doors (lever, push /pull of panic hardware)on drawings battery bas' up and taGtil^ exit signs thF9 gheut the UK plans 1011 1, 1011.3 & 11011.5.3 9. Provide means of egress lighting with emergency power back -up supply. CBC 1006.3 let Recheck: Incomplete response provided. Provide a legend to identify all emergency lightings on reflected ceiling plan or on electrical plan. SITE DEVELOPMENT & ACCESSIBLE ROUTE OF TRAVEL 10. Architect to perform a complete survey of existing parking. Slope and cross slope of path of travel from disabled parking and loading zone to building entrance to be clearly identified on drawings. Show all grade changes, ramps, etc. let Recheck: Response provided is very Incomplete and not acceptable. 1- Slope and cross slope of disabled parking, loading zone and path of travel from loading zone to area of remodel to be clearly Identified on plan. 2- Path of travel from disabled parking to the main entrance to be striped in blue. 3- Please see me @ the counter If you have any questions. Corr List \Tenant Improvement PlanReviewCommenla 1012011 11. Provide detectable warning strip 36" wide where a walk crosses or adjoins a vehicular way and the walking surface is not separated by curbs, railing or other approved elements at the following locations: (11338.8.5). 16t Recheck: Incomplete response provided. 1- Detectable warning location to be clearly identified on plan. 2- Please see me @ the counter for suggested detectable warning location, 12. Specify detectable warning product and incorporate a copy of state approval on plan. Provide a detail for pattern and dimensions on plan. If product is not state - approved, incorporate a copy of product warranty onto drawings per department policy CBC 11336.8.5 (copy available on Building Department web page). 1st Recheck: Please Show full compliance to highlighted portion of correction above. 13. Write a note on drawings, "Contractor to provide a detectable warning product sample to the Building Inspector for approval of color contrast with finish surface." 18t Recheck: Note # 12 on sheet A0.2 to be cross referenced on parking plan. ACCESSIBLE PARKING 14. One in every eight c....essiblc spaees, but not less than ane, shall h d by an aisle RAMPS (EXTERIOR OR INTERIOR) Architect to perform a complete survey of existing building and verify that interior or exterior ramp comply with requirements below. 17. All other pedestrian ramps serving primary entrances shall be a minimum width of 48 ". (11338.5.2) tat Recheck: Fully dimensioned drawing is required. 18. The gFip portion of handrails shall he Ret 1P.R.R than 1 IM" OF rnere than 4 14" nominal diameter, a the shape shall prGvide an equivalent g qurfanpq shall he Am Athwoth n e shaFp earners. HandFailn shell not Fatale..: trh'n trh.-: rf'trtr'n c /11 ZZQ G C A C' 11Q Z4.`\ DOORS 24 The�fi0£ land shall be lower th th threshold f the d r n r n n s a e no n nr e than 1/_" an e o .. /1133E3.2.4.1) Q.eyide a threshold detaii. Corr List \Tenant Improvement PlanRemewComments 1012011 the deeF, whieh will allow the deeF te be p-ef h.,-.apda c eandition. (113 B.2.6, Fig 1p29�) 2-2-.— Maximun; Affert to Gperate e)derlor or interlmF deers with elesers shall net e)(seed five peunds. This may be ineFeased te 15 pounds far fiFe Fated deaFs. Provide a4tote-en-plan-. STAIRWAYS SEATING. TABLES & COUNTERS 29 Drny'Pl.. Pal lati r justify that 5%ef seating In sash Rg area but never less than 1 s aeG shin n red On Section 4eaar2 (41228 ny ___.,,....., .. ..ray ........... .........�� � �«... � � ���� ,/ 26. Gleady show- how - dining room # 2 '., -an. s'hln to disabled peeple. n1104 B.5.3 of 27. If seating spaces for people in wheelchair are provided at fixed tables or counters, clear floor space complying with Section 111813.4 shall be provided. Such clear floor space shall not overlap knee space by more than 19 ". (112213.2, Fig 11 B -13) 1et Recheck: See comments on drawings. SIGNS & IDENTIFICATION 31. All building entrances that are accessible to and usable by persons with disabilities and at every major junction along or leading to an accessible route of travel shall be identified with a sign displaying the International Symbol of Accessibility, and with additional directional signs, as required, to be visible to persons along approaching pedestrian ways. (1117B.5.8.1.2 & 112713.3) 1st Recheck: Keynote # 16 to be cross referenced @ door # 106A also. Corr List \Tenant Improvement Plan ReviewCom ments 10/2011 P Al- SEATING. TABLES & COUNTERS 29 Drny'Pl.. Pal lati r justify that 5%ef seating In sash Rg area but never less than 1 s aeG shin n red On Section 4eaar2 (41228 ny ___.,,....., .. ..ray ........... .........�� � �«... � � ���� ,/ 26. Gleady show- how - dining room # 2 '., -an. s'hln to disabled peeple. n1104 B.5.3 of 27. If seating spaces for people in wheelchair are provided at fixed tables or counters, clear floor space complying with Section 111813.4 shall be provided. Such clear floor space shall not overlap knee space by more than 19 ". (112213.2, Fig 11 B -13) 1et Recheck: See comments on drawings. SIGNS & IDENTIFICATION 31. All building entrances that are accessible to and usable by persons with disabilities and at every major junction along or leading to an accessible route of travel shall be identified with a sign displaying the International Symbol of Accessibility, and with additional directional signs, as required, to be visible to persons along approaching pedestrian ways. (1117B.5.8.1.2 & 112713.3) 1st Recheck: Keynote # 16 to be cross referenced @ door # 106A also. Corr List \Tenant Improvement Plan ReviewCom ments 10/2011 SANITARY FACILITIES (GENERAL) 32 Peer w ..4cr1 and • all mounted signage detail A be Gross FefeFenGed MULTIPLE ACCOMMODATION SANITARY FACILITIES 33. Please use attached drawing as a guide to reviselcomplete drawings provided. Also, enlarged restroom plan to be fully detailed. 1et Recheck: Incomplete response provided. Fully dimensioned and detailed restroom elevation is required per attached drawings. ADDITIONAL COMMENTS addition an drawhu3s-. 35. Provide energy calculation due to proposed addition. let Recheck: MEP response list was not attached. However, energy calculation Is required. 36. Clearly show "see the rn In the hnnL ♦n--o-rc -camp 37. Clearly show where door # 106 is identified on door schedule. Door # 106 shall be 45 minutes rated. 1 at Recheck: Please explain why door # 106A was not included in the door schedule. Also, where is door 106A (shown on door schedule) is shown on 41. Exterior wall infill on the easterly side shall be one hour rated. Please cross reference applicable details on plan. 1st Recheck: See comments on drawing. 42. Show full compliance with egress court requirements. Please refer to section 1027.5 of CBC 2010. let Recheck: Pending approval of modification request. 43. Provide fully dimensioned drawing to justify that dining room square footage is adequate. Also, waiting area to be clearly identified on pllan and fully dimensioned. let Recheck: Incomplete response provided. Please see me @ the counter. 44. Sitting area and standing room behind the bar to be clearly identified. For areas having fixed seats occupant load shall be based on one person for each 18" of seating length. For standing room behind the bar area occupant load shall be calculated based on occupant load factor =5. let Recheck: Specify bar length on drawings to justify that # of occupants @ the bar comply with above mentioned requirement drawings. 46 Remove all ro s "r,- an rlr. s (Ref, to definition f mezzanine r, GBG 4 Corr List \Tenant Improvement Plan ReviewComments 1012011 47. Provide justification to show that existing attic was designed for storage loading. Otherwise, provide calculation to justify that existing ceiling framing could sustain added storage loading. tat Recheck: Pending approval of sister set of drawing separately submitted. 48. Provide framing around opening for proposed lift @ the ceiling level. 1 at Recheck: Pending approval of sister set of drawing separately submitted. 49. New reef fe be Blass "A" im'nlimwA+.. y mNY � z°°rr°°'- r"9crtrcTT , 61. rl.,ady show ::'here seetign 2:13 o aind Z /na o { d ' re drawing -.Few hewn on 2A3.2 and Z /AZ Z nn.+ 44 .2. 52. Provide a weep screed for stucco at the foundation plate line a minimum of 4 inches above the earth or 2 inches above paved areas. Revise detail 4/A3.2 accordingly. tat Recheck: See comments on 4/A3.2. 53. Specify partition wall height on drawings. Verify that metal stud size selected is adequate to resist 5 P.S.F. horizontal loading applied perpendicular to its surface. Also. Metal stud connection @ top and bottom to be clarified. More corrections may follow. tat Recheck: See comments on drawings. 54. Provide calculation for proposed courtyard fireplace. Also, provide documentation to justify that proposed fireplace is ICC approved. tat Recheck: Approval from no listing agency was attached to drawings. This correction can not be reviewed unless a report is provided and conditions of use is reviewed and approved. Also, method of anchorage of the fireplace (based on seismic loading) to be clarified. Furthermore, engineer to justify that no footing is required. 56. EngineelF tO jUStify reef live lead used On saleulation. Please explain why live-lead-shewin� drawing and ealisulatien do net mateh, 57. Beam lengths shown on drawing and calculation do not match. Also, mechanical unit location shown on drawing and calculation do not match. No further review will be done until drawing and calculation is coordinated. tat Recheck: Please provide a breakdown of loading used B -1 calculation. 919. provide a. ffl.eGhanleal platform detail and Gleady shew hew PneshaniGal units are ansheFed fe ils leading. 59. Specify weight of proposed refrigeration rack on drawing. Provide calculation to justify that existing framing could sustain the added load. tat Recheck: Revise /complete roof framing plan to specify new retrofit beam size (6x12 + (2) 1.76x11.76) 68— P-rev0de eal pa„r is suppeFted @ sash and 61. Engineer to specify stages of the project that require structural observation. Please show compliance with City of Newport Beach policy # CBC 17104 I" Recheck: Structural observation general notes and structural observation schedule per above mentioned policy to be shown on plans (See attached) Corr Llst \Tenant Improvement PlanRevlewComments 10/2011 62. Clearly show where elevation 1/ID4.3 is cross referenced (more correction may follow. tat Recheck: No response provided. 63. Provide a detail to justify that one hour shaft @ exhaust hood is provided. tat Recheck: No response provided. 64. See red marks on drawings. Return the marked -up set. tat Recheck: Please return latest marked -up set only. Remaining corrections may be resolved on appointment basis. Please call me @ (949) 644 -3278 to schedule an appointment. Carr List \Tenant Improvement PlanReviewComments 10/2011 City of Newport Beach Community Development Department 3300 Newport Boulevard Newport Beach, CA 92663 Phone: (949) 644 -3200 www.newportbeachca.gov Plan Checker: Fern Nueno, Assistant Planner Phone No: 949.644.3227 Fax No. 949.644.3229 Email Address: fnueno @newportbeachca.gov PLANNING DIVISION PLAN CHECK CORRECTIONS PLAN CHECK NO. 2267 2011 ADDRESS: 2601 West Coast Highway CORRECTION DATE: November 30, 2011 CORRECTIONS: 1) Add the following notes to the title sheet: a) All roof -top mechanical equipment shall be screened from view. b) This restaurant is subject to Planning Commission Resolution No. 1844, including the conditions of approval for Use Permit No. UP2011 -001 (PA2011 -005). 2) Sheet ID -7.1 is blank. Provide details. 3) 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 inside of the establishment. Please demonstrate compliance on Sheet K -1 and /or other plumbing or floor plan sheets. 4) Provide a demo /existing floor plan for the attic. Any finished portion over 4 feet in height will count towards the gross floor area. 5) The review of the Operator License is still in process. Additional plan check corrections may follow. 6) The plan check/permit need to reflect the additional square footage at the front of the structure for the liquor storage. Include the proposed addition in the square footage calculations. Revised 02 -09 -11 1: \apps\ shared \permpluslDocs\2267 - 201 1 \PLNG 2267- 2011.docx City of Newport Beach �;j.. Community Development Department 3300 Newport Boulevard Newport Beach, CA 92883 Phone: (949) 6443200 www.newportbeachca.gov Plan Checker: Fem Nueno, Assistant Planner Phone No: 949.644.3227 Fax No. 949.644.3229 Email Address: fnueno @newportbeachca.gov PLANNING DIVISION PLAN CHECK CORRECTIONS PLAN CHECK NO. 2267 ADDRESS: 2601 West Coast Highway 2011 CORRECTION DATE: January 18, 2012 CORRECTIONS: 1) Please delineate the interior net public area and outdoor dining area. List the square footage on Sheet A0.2 or A2.1. See redlines on Sheet A2.1. 2) Dimension the attic area and demonstrate the area being counted towards the 294 square feet listed in the project description. See redlines on Sheet A2.2. 3) The review of the Operator License is still in process. Additional plan check corrections may follow. 4) Approval from the Public Works Department is required. 5) Please provide an update /status report on the Off -Site Parking Agreement. Please see conditions of approval 14 -17 from Planning Commission Resolution No. 1844. Revised 02 -09 -11 I:\apps\sharedlpermplus \Dots \2267- 2011\PLNG 2267- 2011.docx i ���,tirt�ok CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DIVISION 3300 Newport Boulevard I P.O. Box 1768 1 Newport Beach, CA 92658 www,newport.beachca.gov 1 (949) 644 -3275 TENANTIMPROVEMENT ELECTRICAL / MECHANICAL / PLUMBING PLAN REVIEW COMMENTS Project Description: TENANT IMPROVEMENT Project Address: 2601 WEST COAST HWY Permit App. Date: 11123111 Use: FOOD Occupancy: A2 SERVICE CY Cut/Fill: No. Stories: 1 Architect(Engineer. JOSEPH SMART OwnedTenant: Applicant/Contact: GERALD MICHAELS Plan Check No.: 2267.2011 Permit App, Expires: 5121112 Const. Type: VB Permit Valuation: $280000 Phone: 946- 757 -3240 :10, T71 Phone: 949- 757 -3240 Plan Check Engineer: BEN ELUNGSON Phone: 949 644 3271 X X 1/2V12 X OTC 217112 1'" Review: (11130111) 2"d Review: 3d Review: bold comments Italic comments By Appointment The project plans were reviewed for compliance with the following codes and standards: 2010 CBC; 2010 CPC; 2010 CEC; 2010 CMC; 2008 Building Energy Efficiency Standards (BEES); 2010 California Green Building Standards Code (CALGreen); & Chapter 15 of the Newport Beach Municipal Code (NBMC). The code section references are from the 2010 CBC, unless otherwise stated. TO EXPEDITE PROJECT APPROVAL Please provide a written response indicating how and where each comment was resolved on the plans. • Resubmit all previously reviewed plans, updated plans and supporting documents with each subsequent review. • AFTER 2"" PLAN REVIEW: Please call the plan check engineer listed above to schedule a plan review appointment, to expedite project approval. • For clarification of any plan review comment, please call the plan check engineer listed above. • Plan review status is available online at www.newportbeachca.aov. Project status is also available using the interactive voice response system at 949- 644 -3255, or by speaking with a permit technician at 949 - 644 -3288 during business hours. CorrListslEMP TI Plan Review Comments 912011 1 ELECTRICAL Electrical plans not provide for review. Provide electrical plans for review. - I MI 11 M - -. _ Olk NOW Widow" VA •� MECHANICAL CorrLists \EMP TI Plan Review Comments 912011 31. o,d and P.andater., m e to he an the Plansi nncru 1 r red 4.. he OR the Plans forms requireG9 40 . Spes f .P n air source y ale Far exhaust st s stes\ Innl rv, de restrnn � 22. CoaldiRate alF balaRGe schedule, grease exhaust !make up air ealoulations and en- drawings ani,^F ^g^U�a sheets M 1 V d Q 1410 O #Jet n tided V sheets nets edl 34. GOOMinate hood call autB an sheets AA I and sheets K 10,1410.2 (notpFevided K,449etq 99 °�) 35. Specify 700 degree temperature hoods for solid fuel cooking appliances per UL -710 listed hoods. ( Provide for all solid fuel burning equipment) Provide verification that the solid fuel equipment can be placed under the 600 deg hood. 36. Type of saaLn ry equipment she Id be elnady daiitifled with slaaranse ton a mb s1'hles data is and 37. Provide Pizza ovens listed installation instructions for review. Incorporate clearances and ventilation features per listed instructions on plans. Include weight of wood burning pizza oven and coordinate anchorage with structural plans. Specify make and model number of ovens on plans. (Not provided) Not provided. Pizza ovens are to include hoods for review. 39, PFOVide ealeulatiens an Type I hood(s) and dUGt(S) Fate of aiF flew inducting, veIGGIties and GPM. SpeGjfY - he . /••peeiti.' ads K sheets nets neat 39. Provide tORO CO plans 3'Type I "LI_nd requires air alannn r n d F final n „I ;n s F nnnnn 4171. PFGVIdP MARufactuFeFS listing an apffeved Type 1 heed fiFe Pesistive dUGt wFap i minimum 2 layer 4i. detail grease duet sles a is Per rnnr 910 2 A d 42. provide spenifin menhaninal seGtlens of gFease dust and heeds- Indude dunt sizes-and OIaafaRGeS4G-GC is and ducts. GMG 5 de elearanses to heeds) 4$. Roof details will be 'red far exhaust s„stnn. � nhGw la terminations. Detail pep rnnr 610462 CorrLists\EMP TI Plan Review Comments 9/2011 ....... • .. WFM 31. o,d and P.andater., m e to he an the Plansi nncru 1 r red 4.. he OR the Plans forms requireG9 40 . Spes f .P n air source y ale Far exhaust st s stes\ Innl rv, de restrnn � 22. CoaldiRate alF balaRGe schedule, grease exhaust !make up air ealoulations and en- drawings ani,^F ^g^U�a sheets M 1 V d Q 1410 O #Jet n tided V sheets nets edl 34. GOOMinate hood call autB an sheets AA I and sheets K 10,1410.2 (notpFevided K,449etq 99 °�) 35. Specify 700 degree temperature hoods for solid fuel cooking appliances per UL -710 listed hoods. ( Provide for all solid fuel burning equipment) Provide verification that the solid fuel equipment can be placed under the 600 deg hood. 36. Type of saaLn ry equipment she Id be elnady daiitifled with slaaranse ton a mb s1'hles data is and 37. Provide Pizza ovens listed installation instructions for review. Incorporate clearances and ventilation features per listed instructions on plans. Include weight of wood burning pizza oven and coordinate anchorage with structural plans. Specify make and model number of ovens on plans. (Not provided) Not provided. Pizza ovens are to include hoods for review. 39, PFOVide ealeulatiens an Type I hood(s) and dUGt(S) Fate of aiF flew inducting, veIGGIties and GPM. SpeGjfY - he . /••peeiti.' ads K sheets nets neat 39. Provide tORO CO plans 3'Type I "LI_nd requires air alannn r n d F final n „I ;n s F nnnnn 4171. PFGVIdP MARufactuFeFS listing an apffeved Type 1 heed fiFe Pesistive dUGt wFap i minimum 2 layer 4i. detail grease duet sles a is Per rnnr 910 2 A d 42. provide spenifin menhaninal seGtlens of gFease dust and heeds- Indude dunt sizes-and OIaafaRGeS4G-GC is and ducts. GMG 5 de elearanses to heeds) 4$. Roof details will be 'red far exhaust s„stnn. � nhGw la terminations. Detail pep rnnr 610462 CorrLists\EMP TI Plan Review Comments 9/2011 PLUMBING CorrLists\EMP TI Plan Review Comments 9/2011 CITY OF NEWPORT BEACH PUBLIC WORK DEPARTMENT January 19, 2012 FROM: David Keely Senior Civil Engineer (949) 644 -3349 SUBJECT: PLAN CHECK CORRECTIONS FOR 2601 West Coast Highway (PLAN CHECK N0. 2267 -2011) Restaurant Remodel Note: To expedite the re -check process, the Applicant needs to return this Correction Sheet and responds to the below corrections either hereon or through an attachment. Corrections: 1. The parking layout shall comply with the Planning Commission approved parking layout. Revise the plans to reflect the Planning Commission approved layout. Please note that the Loading Zone is not an employee parking space. This are shall only be used for the loading and unloading and shall be left open when these function are not being conducted. Spaces labeled 6, 7, and 8 shall be labeled valet staging area. The valet booth shall be moved further into the site as shown in the Planning Commission approved plans. 2. Remove the truncated domes from the driveway approach. 3. Satisfy Condition No. 21 of the Planning Commission approval, provide a 10- foot wide irrevocable pedestrian easement along the bayfront bulkhead. 4. A backflow device is required for the subject project. Please install a backflow device per City standard. CITY OF NEWPORT BEACH PUBLIC WORK DEPARTMENT February 13, 2012 FROM: David Keeiy Senior Civil Engineer (949) 644 -3349 SUBJECT: PLAN CHECK CORRECTIONS FOR 2601 West Coast Highway (PLAN CHECK N0. 2267 -2011) - 2 "d PC Restaurant Remodel Note: To expedite the re -check process, the Applicant needs to return this Correction Sheet and responds to the below corrections either hereon or through an attachment. Corrections: 1. Show the proposed pedestrian easement on the plans. Note on the plans that the 10 foot wide irrevocable pedestrian shall be recorded prior to building permit final. 2. Submit Grant of Easement with the appropriate exhibits (B and C) for review. Newport Beach Fire Department Fire Prevention Division 3300 Newport Blvd. Newport Beach, CA 92663 (949) 644 -3106 Corrections PLAN CHECK NO: 2267 -2011 PLAN REVIEWER: Susan Guzzetta PROJECT: DivBar BBQ PROJECT LOCATION: 2601 West Coast Highway DATE: December 19,2011 / Feh Liary 2, 2012/ Approved 2/8/12 Provide written responses to all corrections and bubble and delta on plans. General . Only the -primary -space (dining reenasr bar- t ` of die restanrant ean-be used €w-ec htnt load coca', .t ;- �v areas snehas -t mrs ete: rya �,orisc: in ale= <a',ttono€tl e-oEetptrtt4eael --- please -r e� pazA4oad an - txai•: ate for eacharea-on - Llieplart:" square- feetaf ei Occupant load completed correctly for each area. Will be posed at entrance to dinning area. —2, cu ^v.- Ioea6ions of occupf- kt lead sigF6 on the 191ans. Sign provided at entrance to dining area. 3. Show leea4iens of exit signs and emergeney power back up thFeugh the eeexpaney, Shown and noted on sheet E3.2. feet. However in buildirV without fire sigrinklem the tfaveldistffinee -allo-m-Fed- is; Ca4ferpda Fire a Section 4028.7. Building noon =proposedwithfire sprinklers. Travel distance area can be increased to 250 feet. c Provide a r a i w• h• l des „n e; ;it a,,,...,.:. elud: . Eloors /Rate^ 4em patio area. 44te Eleer- sehedule must inelude proposed or existing rya, k�o4r405 A is- not�w- n- errsieet A?l: - llsc� of>�t�t�in frenF l a<gdk,(ni -to- t)19- does-not-hav=e -a rrid re-vie w -on ,433 r st.-bMul -r110: t Note a V<1e net �- ha-al{- doors -onl y c i +s stated iEYi"iote- 46— eov< -r page " vrc - Plates All doors identified in door schedule and provided with panic hardware with the exception of the main entrance. 6. As per- Califemia Btiilding Code See 4-13.2 AWE spaees used for- ster-age o eembustible materials shall be preteeted by asserwablies that are self elesi*-Ig and are ef neneombusfible eenstruefien or solid wood core not less 01;-am 4- A4 imeh im thkAt-F;.,;. '.- as ide i flat} that €ire- ep�rs -will b(-j4rov+4+=d- .in- the,+ttie st�arag � ' l his elirrtitt�tlte- r�rrirement #t�thir self- elt?urts dc.� rrf- hatch.- Note added to provide sprinklers in attic storage area. . 44w.4 -ire fait t t+cbbmplu with-the following- requiredt per -tl r thri:tures spe.6fie-ations; a. For installation of I l0vac powered control systems, it is required to install a wall switch or breaker for the fire pit electrical outlet away from the enclosure to prevent unwanted ignition of the fire pit. b. J It location of gas shut off outside of fire pit enclosure. c. 'J Clearances as per the manufactures recommendations are 6" under valve box, and sides surrounding pit 48." Show on plans. d. Vent on at least two side'18 square inches each is required. Please indicate on plan. e. NI Shoot IFS -5.2 details a "mesh fire place screen" Please indicate if this screen will provide a barrier between the fire and the public. A barrier is required by the city of Newport beach. I. Provide note on sheet ID-5.2 that ",Solid fuels shall not be burned in fire pit" as per manufactures specifications. Manufacture specification floes not indicate that the fire pit is a listed appliance in U.S. (Certified CSA, Canada) therefore the appliance must meet requirements frorrr 2010 California Mechanie<.rl Code 932_. t.2. C.M.C. Section 932,0 Unlisted Units. Unlisted outdoor open flame decorative appliances shall be installed outdoors in accordance with the Mautifacturer's installaGon instructions, In no case shall the aMALance_be located under_ overhead ctambustrbte. construction. the plans indicate a roof over the fire pit area, therefore tttc fire pit must. be a listed appliance if in ,taIled under a roof structure. If a listing, is found for this parti<`ular appliance, the ranufactures vertical clearance requirement is 120" for overhead clearance. ^^"" ��; ?"' ��.- 1�he-€ Erl4c >w�rtg- �eerurrer�rtEs- €ronj- the- tttstnr+faetures sf�t�i €eaEiens a+ +d -tfx E'' Bali# 43rn+ �r- k'+ re- E�d�.. tst4�e- ttrot- l��r- tlte- pi�;4 }-evenf kire Meeks a. Fire Dec k Oven must be vented using a listed type 1 exhaust hood, tfood noted on sheet K-1. Provide details showing hood meets type 7. l?. Required clearance from oven is [" from sides and hack. Show clearances on plan. The following requirements are for the smoker: a. � Hood noted on plan. Provide details showing hood meets type 1. b. V Clearances from smoker are 6" from the rear, I" on the right and left, "12" at the top, and 48" from the front. The following requirements apply to any solid fuel appliance: a, 'V hldicate size of fire box on plan. Note: Fire boxes 5 cubic feet or less shall have a minimum 15 gallon class K wet chemical portable fire extinguisher as per C.F.C. Sec. 904. 11,5.1. & 6173.4.1. Solid fuel appliances with fireboxes exceeding : ft3 shall be provided with a fixed water pipe system with a hose in the kitchen capable of reaching, the firebox. "The hose nutst have an adjustable nozzle. In addition to the above, any solid fuel cooking appliance which is also provided with auxiliary electric, gas, oil , or other fuel for ignition or supplemental beat and the appliance is also served by any portion of a fire - extinguishing system shall have fuel shut off oil actuation of" the fire - extinguishing system. N.N.P.A. #96 44.7.11, b. dSolid fuel cooking appliances shall be installed on floors of noncombustible construction that extend 3 feet in all directions from the appliance. Indicate on plan. N.FT.A. #96 44.9.1.1. c. Storage of wood in same room of oven shall not exceed one day supply. Provide note on plan. N.F.P.A. #96 '14.921 d. All fuel storage areas shall be provided with a sprinkler system. Indicate fuel storagc area on plan N.F.P.A. #9614.9.2.8. e, A heavy metal container or cart with a cover shall be provided for removal of ash. Provide note on plan. a �• . leas or. more sMI not 43-e Dumpster located 5'Y from structure/ restaurant. 10/3/13 City of Newport Beach: Plan Check Status Plan Check Submittal Information Plan Check Number 1109 -2012 Status APPROVED Description "DIV BAR" CANVAS CANPOY 841 SF Street No. 2601 Street Name COASTHWY Applied 6/18/2012 Approved 8/17/2012 Expired 12/15/2012 Plan Checked By CHO Click here to view Plan Check Comments Plan Check Latest Comment / Action Street Dir W Date Division Action Entered by 08/17/2012 BUILDING Approved CHO O8/16J2012 FIRE Approved SG 06/18/2012 PLANNING Approved FN Plan Check History Date Division Action Entered by 08/17/2012 BUILDING Approved CHO 08/16/2012 FIRE Approved SG 06/26/2012 FIRE 11corrections Required SG 06/18/2012 PLANNING ijApproved FN 06/18/20 1 FIRE Plan Check Pending SG 06/18/2012 BUILDING Corrections Required CEO The above plan review status reflects the last 10 activities of the relevant division when entered in the system. Additional Plan Checks vm .. nevportbeachen.gWindexaspx?page =1666 212 CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DIVISION 3300 Newport Boulevard I P.O. Box 1768 1 Newport Beach, CA 92658 www.newportboachca.gov 1 (949) 644-3200 TENANTIMPROVEMENT PLAN REVIEW COMMENTS Project Description: New Canopy at outdoor dining area Project Address: Permit App. Date: Occ. Group: A -2 Stories: 1 Architect/Engineer: Applicant/Contact: 2601 W Coast Hwy 6/18/2012 Plan Check Engineer: Soon Cho Occ. Load: Fire Sprinklers: Yes En ineer's small: scho @new ortbeachca.gov 1'n Review: (6/18112) 2nd Review: Italic comments Plan Check No.: 1109 -2012 Permit Valuation: $29,960 Type of Const: VB Sprinkler Plan Check Expires: Phone: Phone: Phone: 949 - 6443281 3r° Review: By Appointment The project plans were reviewed for compliance with the following codes and standards: 2010 CBC; 2010 CPC; 2010 CEC; 2010 CMC; 2008 Building Energy Eff iciency Standards (BEES) & Chapter 15 of the Newport Beach Municipal Code (NBMC). The code section references are from the 2010 CBC, unless otherwise stated. • TO EXPEDITE PROJECT APPROVAL: Please provide a written response indicating how and where each comment was resolved on the plans. • Resubmit all previously reviewed plans, updated plans and supporting documents with each subsequent review. • AFTER 2d PLAN REVIEW: Please call the plan check engineer listed above to schedule a plan review appointment, to expedite project approval. • For clarification of any plan review comment, please call the plan check engineer listed above. • Plan review status is available online at www.newportbeachca.cov Project status is also available using the interactive voice response system at 949 - 644 -3255, or by speaking with a permit technician at 949 - 644 -3288 during business hours. Corr Usffenant Improvement PlanRevlewComments 1012011 1. Obtain plan review approval from the following: a. Building Division, b. Fire Department, 2. Submit fire sprinkler plan. 3. Obtain modification for canopy material. 4. Chimney is penetrating through the canopy. Provide 2" clearance between chimney and fabric. 5. Provide lighting information and exit signs. 6. One of the posts is located in the middle of the exit door. Verify the location of the post. 7. Include dead load for design of frames. The canopy requires fire sprinkler, lighting, and possibly overhead heater. Include all future equipment for design of frames. 8. Roof truss is designed for 8' -9" tributary load. a. It means, according to canopy framing plan shows, a steel member identified as material #1 that spans 33' and tributary area 17' -3 ". Provide engineering talcs for 1 1/2" square tube. b. Verify the tributary load of the roof truss. 9. Justify 4" thick slab for lateral and gravity load. 10. The canopy is attached to existing building roof frame. Provide justification of the framing member for additional wind downward load and dead load. 11. Provide justification for lateral load. Since the rppf is sloped it will be subjected to the lateral wind load. Carr List \Tenant Improvement PlanRevlewUrnments 10/2011 2 Newport Beach Fire Department Life Safety Services Division Fire Prevention Department 3300 Newport Blvd. Newport Beach, CA 92663 (949) 644 -3106 Corrections PLAN CHECK NO: 1109 -2012 PLAN REVIEWER: Susan Guzzetta PROJECT: Awning PROJECT LOCATION: 2601 Coast Hwy DATE: June 25, 2012 Provide written responses to all corrections and bubble and delta on plans. 1. Canopies shall have a flame spread index not greater than 25 when tested in accordance with ASTM E 84 or UL 723. All fabrics or materials shall be flame resistant as per California Building Code Section 3105.4 -The canopy must have a California State Marshal Flame Retardant label sown on the canopy or a certificate from the manufacture must be provided indicating that the canopy fabric complies with the referenced requirement. The certificate must have a description of the fabric or a piece of the fabric from the manufacture attached to the certificate. 2. Sprinklers shall be installed under exterior roofs, canopies, porte- cocheres, balconies, decks, or similar projections exceeding 4 -feet in width. N.F.P.A. #13 8.15.7.1. -- Fire sprinklers are required under the attached canopy. Fire Sprinkler plans are a separate submittal from the canopy and must be noted as such on the canopy plans. 3. California Fire Code Section 2404.6 Smoking shall not be permitted under the canopy. Approved "No Smoking" signs shall be conspicuously posted. - Provide note on plans that "No Smoking" signs will be provided. 4. As per C.F.C. Sec. 2404.12 Portable fire extinguishers shall be provided. The fire extinguishers shall be mounted on the wall in an approved location. - -Show fire extinguisher location on plans. 5. Show occupant load and sign location for canopy area. As per C.F.C. Sec. 1004.3 Every room or space that is an assembly occupancy (50 or more persons) shall have the occupant load of the room or space posted in a conspicuous place, near the main exit. CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT r+ BUILDING DIVISION 3300 Newport Boulevard I P.O. Box 1768 1 Newport Beach, OA 92658 www,newportbeachca.gov 1 (949) 644 -3275 DISABLED ACCESS DIAGRAMS Do not paste these diagrams on your plans. SS' MIN. AT oI SAW I I I I 80" x 80" f LEVEL AND CLEAR ( SharedlCorrectionL istslDisabledAccessDiagrams 9.2011 4 42' MIN. I GRAS BAR s' I F X78" _ \ CLEAR 4 f 30" % 48' CLEAR SPACE Illy I- - -- ALL DISPENSERS 40" MAX TO HIGHEST OPERABLE PART SIDE WALL ELEVATION 38" MIN GRAB BAR 12" 24" MINI MIN c� TRANSFER SIDE * REAR GRAB BAR ALLOWED AT 3B" A.F.F. AT TANK -TYPE TOILET CENTERLINE OF FIXTURE FLUSH ACTIVATOR t6° ON WIDE SIf3E 32" MIN. f� TO EDGE OF WATER /1 CLOSET � � a � � J U d' Z REAR WALL ELEVATION 4" MAX. ACCESSIBLE WATER CL08ET COMPARTMENT WITHIN A MULTIPLE - ACCOMMODATION TOILET FACILITY Shared\ CorrectionLists \DisabledAccessDiagrams 9 -2011 KNEE CLEARANCE I I I I TOE SIDE ELEVATION - Note: if a minimum 9 inches height of toe clearance Is provided, a maximum of 6 inches of the 481nches of clear tocr space required at the fixture may Mend Into the toe space. Shared\ CorrectionL ists \DisabledAccessDiagrams 9 -2011 PLAN VIEW W Z J K W ? W � V 0o O RESOLUTION NO. 1844 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2011 -001 FOR A FOOD SERVICE RESTAURANT WITH LATE HOURS, LIVE ENTERTAINMENT, ALCOHOL SALES, OUTDOOR DINING, AND DELIVERIES; AND A PARKING MANAGEMENT PLAN TO ADDRESS OFF -SITE PARKING, VALET, AND AN ADJUSTMENT TO THE OFF - STREET PARKING REQUIREMENTS FOR PROPERTY LOCATED AT 2601 WEST COAST HIGHWAY (PA2011.005) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by G.E,P. Enterprise Group, with respect to property located at 2601 West Coast Highway, and legally described as the northwesterly 50 feet of the southeasterly 1300 feet of Lot H of Tract 919 requesting approval of a Conditional Use Permit, 2. The applicant proposes a food service restaurant with late hours, live entertainment, alcohol sales, outdoor dining, and delivery. The applicant also proposes a parking management plan to address off -site parking, valet, and an adjustment to the off - street parking requirements. 3. The subject property is located within the Mixed Use Water Related (MU -W1) Zoning District and the General Plan Land Use Element category is Mixed Use Water Related (MU-W1). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU -W). 5. A public hearing was held on June 9, 2011, 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. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 2. Class 1 exempts minor alterations to existing facilities. The proposed project consists of interior alterations and minor changes in operational characteristics from previous restaurant operations at this site. Planning Commission Resolution No, 1844 Page 2 of 13 SECTION 3. REQUIRED FINDINGS. In accordance with Sections 20.52.020, 20.48.030, and 20.40,100 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The us a is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: A -1. The subject property is designated as Mixed -Use Water Related (MU -W1) by the Land Use Element of the General Plan, which is applied to waterfront locations along Mariners' Mlle Corridor in which marine - related, visitor - serving, commercial, and residential uses are allowed. The proposed project is consistent with this designation as eating and drinking establishments are visitor - serving and commercial uses. The proposed project will also have space for approximately ten (10) boats, available for patrons who choose to take a boat to the restaurant. Furthermore, Land Use Policy LU 6.19.2 (Bay Fronting Properties) encourages marine - related and visitor - serving retail, restaurant, hotel, institutional, and recreational uses, with some allowance for residential uses. A -2, The subject property is not located in a specific plan area. Findin : B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code, Facts in Support of Finding: B -1. The subject property is located within the Mixed Use Water Related (MU -W1) Zoning District, which applies to waterfront properties along the Mariners' Mile Corridor in which nonresidential uses and residential dwelling units may be intermixed. Eating and drinking establishments designated as "Food Service, Late Hours" are allowed with approval of a conditional use permit. Facilities open to the public past 11:00 p.m. any day of the week are considered establishments with late hours. The proposed project is consistent with this designation. B -2. As conditioned, the proposed project complies with Section 20,48.090 (Eating and Drinking Establishments) in regards to the operating standards. B -3. Section 20.40.060 (Parking Requirements for Food Service Uses) establishes criteria to determine the parking requirement for food uses from one (1) parking space for every 30 -50 square feet of net public area. Based on the physical design characteristics, operational characteristics, and location of the establishment, a Tmpil: 04114/10 Planning Commission Resolution No. 1844 Page 3 of 13 parking requirement of one (1) space for every 40 square feet of net public area is sufficient. The applicant is making the dock slips available for patron use, increasing the accessibility to the use. The outdoor dining is limited to less than 25 percent of the interior net public area. The amount of floor area devoted to live entertainment is relatively small, and no dancing is proposed. The applicant proposes to provide high end barbeque that will likely lead to a low turnover rate, There are other nearby uses that will lead to some walk -in trade. Off -site parking and valet are addressed in the Parking Management Plan. B -4. Pursuant to Section 20.40,110 (Adjustments to the Off- Street Parking Requirements), the Parking Management Plan will be implemented to mitigate impacts associated with a reduction in the number of required parking spaces, The Parking Management Plan and valet plan will result in a highly efficient use of the parking spaces available to the restaurant patrons. The parking survey conducted by staff demonstrated that the off- site lot on average contained 40 vehicles out of 122 available spaces (33 percent occupied), The parking survey conducted by staff also demonstrated that the 91 nearby public parking spaces were on average 53 percent occupied. The 2009 parking study by Walker Parking Consultants concluded that overall the Mariners' Mile area does not have a parking shortage. Therefore, the off -site parking agreement will not impact the use of the parking lot by the employees and patrons of 2700 West Coast Highway. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: C -1. The proposed project is located within a nonresidential zoning district. The parking lot and primary openings to the restaurant are oriented towards West Coast Highway. The outdoor dining area faces the parking lot. The operational characteristics are that of a restaurant, and the establishment will not be used exclusively as a bar or nightclub, as defined by the Zoning Code. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: D -1. The lot is approximately 50 feet wide by 240 feet deep (11,949 square feet in area including partially submerged land), and is developed with a 3,987 - square -foot single - story commercial building, a surface parking lot with twelve (12) parking spaces, and a boat slip. The existing building and parking lot have functioned satisfactorily in the Tmplt: 04/14110 Planning Commission Resolution No, 1844 Page 4 of 13 past with the current configuration. The proposed project includes interior alterations and an outdoor patio, which will not negatively affect emergency access. The lot is an interior lot and has multiple doors and windows for ingress and egress. The building is located six feet from the easterly property line, so there is sufficient room for emergency access, Findina: E. Operatio n of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: E -1, The use is compatible with the neighborhood because the Mariners' Mile area is an established commercial area with several similar uses nearby. The existing site is located on a major road and has been utilized for restaurant uses since 1968, E -2. The project has been reviewed and conditioned to ensure that potential conflicts with surrounding land uses are minimized to the extent possible to maintain a healthy environment for residents and businesses, E -3. The closest residential district is 500 feet away and the closest residential district across Lido Channel is 800 feet away from the subject property. E -4. Adequate parking is maintained and will be provided by valet service in conformance with the Parking Management Plan. E -5. Potential noise impacts will be diminished because live entertainment is not proposed during late hours or on weekdays, E -6. The Police Department indicates it has no objections to the applicant's request, To ensure the proposed use does not create a detrimental impact during late hours, the applicant (and any future operators of the existing eating and drinking establishment) will be required to obtain an Operator License issued by the Chief of Police pursuant to Chapter 5.25 of the Municipal Code. E -7. The proposed outdoor dining will be located outside of the front entrance facing the parking lot and will be open no later than midnight, daily. E -8. The property has been vacant for several years and re- establishing a restaurant use will help to revitalize the Mariners' Mile area. Tmp0.: 004/10 Planning Commission Resolution No. 1844 Pace 5 of 13 F. The proposed use is consistent with the purpose and intent of Section 20.48, 030 (Alcohol Sales). Facts in Support of Finding: F -1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcoholic beverages is intended for the convenience of customers of the restaurant, Operational conditions of approval recommended by the Police Department relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol - related impacts. F -2. Pursuant to Chapter 5.25 of the Municipal Code, the project has been conditioned to require that the applicant, as well as any future operators of the eating and drinking establishment, obtain an Operator License to ensure the establishment is operated in a safe manner. F -3. The subject property is located within a mixed use district developed primarily with commercial uses. Across the Lido Channel, the closest residential district is approximately 800 feet away. To the north, the closest residential district is almost 500 feet away. The nearest park is located on Cliff Drive above West Coast Highway and is over 500 feet from the subject property. There are no day care centers, recreation facilities, places of religious assembly, or schools in close proximity to the subject property. Finding: G. The parking facility is located within a convenient distance to the use it is intended to serve. Facts in Support of Finding: G -1. The off -site parking lot is less than 500 feet away from the subject property. G -2. Valet service will be available on -site allowing customers to drop off their cars at the restaurant site. Finding: H. On -street parking is not being counted towards meeting parking requirements. Tmplc 04114/10 Planning Commission Resolution No, 1844 Paae 6 of 13 Facts in Support of Finding: H -1, The required amount of parking is 43 spaces. The project provides 12 on -site spaces and 20 off -site spaces; therefore, a parking requirement adjustment of eleven (11) parking spaces is required. H -2. Ninety -one (91) public parking spaces (on street, municipal lot) are located within a short walking distance to the subject property; however, those spaces are not being counted towards meeting the parking requirement. Finding: 1. Use of the parking facility will not create undue traffic hazards or impacts in the surrounding area. Facts in Support of Finding: 1 -1. Employees and patrons parking In the off -site parking lot can walk down Tustin Avenue and cross at the cross walk, so there will not be any undue traffic hazards from pedestrians. 1 -2. Valet service will be available so customers can drop off their cars at the restaurant site. The valet plan will be reviewed and approved by the City Traffic Engineer. 1 -3. The Parking Management Plan will address the use of the off -site parking lot and valet operations, Finding: J. The parking facility will be permanently available, marked, and maintained for the use it is intended to serve. Facts in Support of Finding: J -1. The applicant will secure a lease for 20 parking spaces within the lot located at 2615 Avon Street. If those parking spaces become unavailable in the future, the applicant will notify the Community Development Director who will establish a reasonable time for substitute parking to be provided or the net public area of the restaurant to be decreased. J -2. The off -site parking spaces will be clearly marked for use by employees and customers of 2601 West Coast Highway. Tmpll: 04/14110 Planning Commission Resolution No. 1844 Paqe 7 of 13 SECTION 4. DECISION, NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Conditional Use Permit No. UP2011 -041, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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 9" DAY OF JUNE, 2011. AYES: Amed, Eaton, Toerge, and McDaniel NOES: Unsworth F ' G t ABSENT: Hawkins and Hillgren BY :4 c'61- _ ` `� AtliwL Earl M aniel, Chairman BY: t w S , Secretary Tmpit: 04114710 Planning Commission Resolution No. 1844 Page 8 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 2. The Conditional Use Permit shall be reviewed by the Planning Commission at a noticed public hearing within one (1) year of the restaurant being in operation and annually thereafter. The applicant, or operator, shall provide the off-site parking agreement for the next year(s) for the Planning Commission's review at this hearing. 3. The hours of operation shall be limited to between 11:00 a.m. and 11:00 p.m., Monday through Friday and between 9 :00 a.m, and 11:00 p.m. Saturday and Sunday, unless the operator of the establishment secures and maintains an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the establishment be permitted to operate beyond the hours of 2:00 a.m. 4. The outdoor dining patio shall be closed no later than 11:00 p.m., daily, unless the operator of the establishment secures and maintains an Operator License pursuant to Chapter 5.25 of the Municipal Code. In no case shall the outdoor dining patio be permitted to operate beyond the hours of 1:30 a.m. 5. The Operator License required to be obtained pursuant to Condition No. 3 and Chapter 5.25 of the Municipal Code may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the establishment. 6. All windows shall remain closed at all times after 11:00 p.m., daily. 7. The outdoor dining area shall be limited to 429 square feet or 25 percent of the Interior net public area, whichever is less. 8. Live entertainment is limited to Saturdays and Sundays from 2:00 p.m. to 7:00 p.m. 9. There shall be no live entertainment allowed on the premises without first obtaining a live entertainment permit from the City. 10. Noise from the live entertainment shall be confined to the interior of the structure. 11. The applicant shall provide licensed security personnel (a minimum of one (1) per 50 patrons) while offering live entertainment. A comprehensive security plan for the permitted use shall be submitted for review and approval by the Police Department. Should security personnel not be deemed necessary by the Chief of Police, the requirement for security personnel may be reduced or waived. Tmplt: 04/14/10 Planning Commission Resolution No. 1844 Paae 9 of 13 12. There shall be no dancing allowed on the premises or Cafe Dance permit issued without an amendment to this Conditional Use Permit, 13. Conformance with the Parking Management Plan shall be required at all times. 14. A parking agreement, which guarantees the long term availability of the off -site parking facility for the use located at 2601 West Coast Highway, shall be recorded with the County Recorder's Office. The agreement shall be recorded at 2615 Avon Street, which provides parking for 2700 West Coast Highway. The agreement shall be in a form approved by the City Attorney and Community Development Director. 15. All parking in conjunction with this use shall be confined to the parking lots over which the applicant, owner, or operator has written rights to park. If, in the opinion of the Community Development Director or City Traffic Engineer, the proposed use creates parking congestion at the site, the applicant shall immediately resolve the congestion problem by increasing valet attendants or through other means until the parking congestion is eliminated and parking is properly managed. Adequate valet personnel shall be provided to eliminate queuing onto West Coast Highway. The Community Development Director or City Traffic Engineer has the discretion to require the preparation and implementation of a revised Parking Management Plan. 16. The parking lot layout including any future changes shall be subject to the review and approval of the City Traffic Engineer. 17. The valet plan shall be reviewed and approved by the City Traffic Engineer. 18. The applicant shall fully cooperate with the City, Caltrans, and adjacent property owner to the east with regards to any future construction of the fourth leg of the signalized West Coast Highway/Tustin Avenue intersection. The fourth leg of the intersection is a vital component to improve the valet operation by providing a signalized approach to the driveway. Should this signal improvement not be planned and /or constructed, the City Traffic Engineer shall require, and the applicant is responsible for the implementation of other corrective measures deemed necessary in order to ensure adequate and safe vehicular access and valet parking operations. The current configuration only permits right turn in and right turn out from the existing driveway. 19. All delivery trucks shall be required to service the restaurant from on -site and shall be prohibited from loading /unloading on West Coast Highway. Deliveries shall be scheduled outside of the peak operating hours of the restaurant so that access to the side will not be blocked. 20. 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 Community Development Director. 21. The property owner shall provide a 10 -foot wide irrevocable pedestrian easement along the bay front on the inland side of the existing bulkhead. Tmplt: 0414/10 Planning Commission Resolution No. 1844 Page 10 of 13 22. Delivery vehicles for food delivery service offered as part of the restaurant operation shall not park in the public right -of -way when not in use. The food delivery service loading and unloading shall occur on -site. The food delivery service shall be prohibited from loading and unloading within the West Coast Highway right -of -way. 23. No recreational vehicles, boats, or similar vehicles shall be stored at any time at the subject site. 24. Prior to issuance of a buildina permit, approval from the County of Orange Health Department is required. 25. A grease interceptor shall be installed, subject to review by the Utilities Division and Building Division. 26. Disabled access shall be provided to dining areas or equivalent seating areas and disabled seating shall be provided at the bar. 27. Access compliance and sufficient number of bathroom fixtures shall be provided for the bathrooms. 28. Replacement of 4TT box and lid on the existing clean -out shall be required. 29. Backflow devices may be required, depending on the final design of the project, subject to review by the Utilities Division, 30. Replacement of the sewer lateral may be required, subject to review by the Utilities Division. 31. A kitchen fire suppression system may be required for the hood, subject to review by the Fire Department. 32. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. 33. Approval of this Conditional Use Permit does not permit Dry Dock to operate as a bar, tavern, cocktail lounge, or nightclub, as defined by the Municipal Code, unless a new or amended Conditional Use Permit is first approved by the Planning Commission, 34, Full menu service shall be available for ordering at all times that the restaurant establishment is open for business. 35. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. Tmplt: 04/14/10 Planning Commission Resolution No, 1644 Pace 11 of 13 36. Food from the full service menu must be made available during any "happy hour" type of reduced price alcoholic beverage promotion. There shall be no reduced price alcoholic beverage promotion after 9 p.m. 37. "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. 38. The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas is prohibited. 39. The operator 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 he sale of drinks. 40. 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. 41. 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. 42. Strict adherence to the maximum occupancy limits is required. 43. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 44. All proposed signs shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 of the Newport Beach Municipal Code. 45. There shall be no exterior advertising or signs of any type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverage. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 46. The project Is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 47. 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. Tmpll: 04/14/10 Planning Commission Resolution No. 1844 Page 12 of 13 48. 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. 49. This Conditional 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. 50. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit, 51. Prior to the issuance of a bit ilding permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 52. All lighting shall conform with the standards of Section 20.30.070 (Outdoor Lighting). 53. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 54. No outside paging system shall be utilized in conjunction with this establishment. 55. 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. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 56. 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. 57. 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. 58. 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). Tmplt: 04114/10 Planning Commission Resolution No. 1844 Page 13 of 13 59. 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. 60. A Special Event 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, or involve the sale of alcoholic beverages, or include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 61. 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. 62. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise - generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise- generating construction activities are not allowed on Sundays or Holidays. 63, Conditional Use Permit No. 2011 -001 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 64. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the Dry Dock Restaurant including, but not limited to, the Conditional Use Permit No. UP2011 -001. This indemnification shall include, but not be limited to, damages awarded against the City, if any„ costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and /or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 65. The boat slips shall be available at all times for exclusive use by the patrons of the establishment. The owner and operator shall be prohibited from renting or leasing the boat slips, 66. All employees shall obtain annual or master parking permits and shall park at the Mariners' Mile lot on Avon Street. Tmpil: 04/14/10 10/3113 City of Neaporl Beach :Plan Checl<SlaWs Plan Check Submittal Information Plan Check Number X2011 -2844 Status FINAL Description TI "DIVE BAR BBQ" 3,733 SF Street No. 2601 Street Name COAST FIWY Street Dir W Applied 11/23/2011 Approved 2/21/2012 Expired Plan Checked By Click here to view Plan Check Comments Plan Check Latest Comment / Action Entered by Date Division Action Entered by 06/12/2012 PLANNING Approved BMZ 06/12/2012 BUILDING Approved FD Plan Check Histary Date Division IjAction Entered by 06/12/2012 BUILDING Approved DJK 06/12/2012 PLANNING jApproved BMZ 04/02/2012 BUILDING Approved DJK The above plan review status reflects the last 10 activities of the relevant division when entered in the system Additional Plan Checks vm. nev,portbeachca.goAndexaspK7page =1060 212 10/3/13 Plan Check Number Status Description Street No. Street Name Applied Approved Expired Plan Checked By Cityof Newport Beach: Plan Check Status Plan Check Submittal Information 2398 -2012 APPROVED COMM TI "RAJA SHARKEEZ" 119 MC FADDEN PL 12/20/2012 5/29/2013 6/18/2013 AN Click here to view Plan Check Comments Latest Comment / Action Street Dir Date Division IIAction Action jEntered by 05/20/2013 BUILDING Notice Letter Sent JSANCHEZ 03/13/2013 PUBLIC WORKS Approved DIC 03/13/2013 PLANNING Approved JVP 02/13/2013 FIRE Approved SG Plan Check History Date Division Action Entered by 05/20/2013 IlNotice Letter Sent JSANCHEZ 03/19/20 IREADY FOR ISSUANCE JI 03/18/2013 BUILDING Approved AN 03/13/2013 PLANNING Approved JVP 03/i3/2013 PUBLIC WO jApproved DK 02/22/2013 BUILDING Corrections Required AN 02/21/2013 PUBLIC WORKS Plan Check Pending J 02/21/2013 PUBLIC WORKS Corrections Required DK 02/20/2013 PLANNING Corrections Required 7VP 02/13/2013 FIRE Approved SG 02/13/2013 PLANNING Corrections Required JVP The above plan review status reflects the last 10 activities of the relevant division when entered in the system. Additional Plan Checks A. P wnw .nevportbeachca.govAndexaspWpage =1060 2J2 CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT BUILDING DIVISION 3300 Newport Boulevard I P.O. Box 1768 1 Newport Beach, CA 92658 www.newportbeachca.gov 1 (949) 644 -3275 ARCHITECTURAL PLAN REVIEW COMMENTS Project Description: Change existing restaurant fayade and interior TI. Project Address: 114 Mc Fadden Place. Plan Check No.: 2398 -2012 Permit App. Date: December 20, 2012 Use: Restaurant Occupancy: A -2 CY Cut/Fill: N/A No. Stories: One ArchitectlEngineer: Craig Williamson I William Nelson Owner/Tenant: Mike Faxxi Plan Check Expires: 6/18/2013 Const. Type: V — S Permit Valuation: $120,000 Phone: (949) 474 -1775 (949) 752 -2070 Phone: (949) 673 -3220 Applicant/Contact: Greg Newman Phone: (310) 989 -7618 Plan Check Engineer: Ali Naji Phone: (949) 6443292 1a` Review: 1/6/2012 F-9 2" Review: 2/2112013 F]By 3rtl Review: Italic comments Appointment The project plans were reviewed for compliance with the following codes and standards: 2010 CBC; 2010 CPC; 2010 CEC; 2010 CMC; 2008 Building Energy Efficiency Standards (BEES); 2010 California Green Building Standards Code (CALGreen); & Chapter 15 of the Newport Beach Municipal Code (NBMC). The code section references are from the 2010 CBC, unless otherwise stated. • TO EXPEDITE PROJECT APPROVAL: Please Provide comment response sheet indicating how and where each comment was Lesolved on the plans. • Resubmit all previously reviewed plans, updated plans and supporting documents with each subsequent review. • AFTER e PLAN REVIEW Please call the plan check engineer listed above to schedule a plan review appointment, to expedite project approval. + For clarification of any plan review comment, please call the plan check engineer listed above. • Plan review status is available online at www.newpoitbeachca.gov. Project status is also available using the interactive voice response system at 949 -644 -3255, or by speaking with a permit technician at 949 -644 -3288 during business hours. Ali N9ii, P.E. anaji @mwponbeachcagov 3307 Ncwpm Blvd. 1/3 02122113 Newpmi Beach, CA 42638 T: 440.644.3242 P. 443.723.3334 GENERAL 1. Obtain plan review approval from the following: a. Building Division (Architectural and Structural review) - EMP Plan Review, b. Fire Department, C. Planning Department, 8. All plan sheets shall be signed by the appropriate design professional(s). If the project scope allows plan preparation by other than a licensed individual, such plan preparer shall sign and date all plan sheets. BPCS 5500, at seq. -12N °Check: Comment will be signed off when all of the other comments are resolved FLOOR PLAN & MISC. CONSTRUCTION DETAILS 9. Revise new floor plan to show front property line. Use dark font to identify property lines. Revise cross section A/A3.1 to show property line. 42NDCheck: Comment still not resolved Please revise to show actual location of Property lines. Currently plans show "Assumed property lines'. See comments from Public Works Department. Revise plans accordingly. 10. Revise business square footage on the title sheet to include the additional patio area where folding doors are added. Revise number of occupants accordingly. 42N°Check: Revise other sets to include occupant load diagram that was e- mailed to me and added to sheet A2.2, All sets are required to be identical. 11. Revise floor plan to add threshold detail that complies with figure 11 B -32 of CBC 2010. 42NDCheck: Comments still not resolved. 12. Revise e-le-vati-M .-.9tes to speeify thiekness and weight of the veneer Previde veneer nngtallatinn datailn om: FIXED OR BUILT -IN SEATING. TABLES & COUNTERS MMEM 8. All plan sheets shall be signed by the appropriate design professional(s). If the project scope allows plan preparation by other than a licensed individual, such plan preparer shall sign and date all plan sheets. BPCS 5500, at seq. -12N °Check: Comment will be signed off when all of the other comments are resolved FLOOR PLAN & MISC. CONSTRUCTION DETAILS 9. Revise new floor plan to show front property line. Use dark font to identify property lines. Revise cross section A/A3.1 to show property line. 42NDCheck: Comment still not resolved Please revise to show actual location of Property lines. Currently plans show "Assumed property lines'. See comments from Public Works Department. Revise plans accordingly. 10. Revise business square footage on the title sheet to include the additional patio area where folding doors are added. Revise number of occupants accordingly. 42N°Check: Revise other sets to include occupant load diagram that was e- mailed to me and added to sheet A2.2, All sets are required to be identical. 11. Revise floor plan to add threshold detail that complies with figure 11 B -32 of CBC 2010. 42NDCheck: Comments still not resolved. 12. Revise e-le-vati-M .-.9tes to speeify thiekness and weight of the veneer Previde veneer nngtallatinn datailn om: FIXED OR BUILT -IN SEATING. TABLES & COUNTERS Ali Naii, P.E. maji @ncwportbe bea.gov 3300 Newport Blvd. 2/3 Newport Beach, CA 92658 T: 949.644.3292 R 949.723.3534 02/22/13 EM M-6—A-M I W M- 0 1 . ...... Ali Naii, P.E. maji @ncwportbe bea.gov 3300 Newport Blvd. 2/3 Newport Beach, CA 92658 T: 949.644.3292 R 949.723.3534 02/22/13 DINING, BANQUET & BAR FACILITIES 17. Wheelchair access shall be provided in all areas where a different type of functional activity occurs. (1104 13.5.3). Show accessible bar location. 42"DCheck: Revise Documentation for Unreasonable llardship request to be signed by the architect of record and the building owner. STRUCTURAL PROVISIONS (CHAPTERS 16 -23): 27. Revise foundat an and Feefing plans le shew pFeperty line leentien. USP CIA* fent (a identify pFepeFty line. 28. 6ategeFy" sheeked as "Yes". * "Check Revise detail M4 to add anchor bolt depth of embedment per calculations. 29. Revise detail 2AS 4 to dimens;en the mement #ame and ieGatiens of GonneGfians to other steel beams,� A6 Naji, P.E. maji@newponbeacbca.gov 3300 Newport Blvd. 3Jd Newport Beach, CA 92658 T. 949.644.3292 F, 949.723.3534 02/22/1"1 City of Newport Beach Community Development Department 3300 Newport Boulevard Newport Beach, CA 92603 Phone: (949) 644.3200 www. newpodbeachca.gov Plan Checker Jason Van Patten Phone No: 949.644.3204 Fax No. 948.644.3243 Email Address: jvanpatten @newporrbeachca.gov PLANNING DIVISION PLAN CHECK CORRECTIONS PLAN CHECK NO. 2398- ADDRESS: 114 McFadden Place 2012 CORRECTION DATE: 1/4/2013 CORRECTIONS: 1. Provide "net public area" calculations for restaurant. 2. Blueline most current Use Permit UP1783 Amended into plans (see enclosed documentation). F:%UsersiCDMharedlAdmin\ Planning _DivisionlCurcent_Templates Revised 10 -30.12 —COD F:\Users\PLNNSharedXStaff—Dir\Van PattenlPlan CheckslPLNG 2398- 2012.docx ,r City of Newport Beach Community Development Department 3300 Newport Boulevard Newport Beach, CA 92663 Phone: (949) 6443200 www.newportbeachca.gov Plan Checker: Jason Van Patten Phone No: 949.644.3234 Fax No. 949.644.3203 Email Address: jvanpatten@newportbeachca.gov PLANNING DIVISION PLAN CHECK CORRECTIONS PLAN CHECK NO. 2396 2012 ADDRESS: 114 Mc Fadden Place CORRECTION DATE: 2120113 CORRECTIONS: 1. Revise net public area calculation to include top of bar. "Area, net public" means the total area used to serve customers, including 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. See redlines sheet A2.2. 2. Provide a table separating square footage by daytime and nighttime activities. On sheet A.2.2 show net public area for daytime (prior to 9 pm, limited to 960 SF) and nighttime (after 9 pm). Also indicate that for daytime net public area, 24 spaces minimum will be provided and that for nighttime net public area, 37 spaces minimum will be provided. The table attached is for reference only in how to show this. 3. Show how the daytime net public area, the portion limited to 960 SF prior to 9 pm will be controlled so that customers are not using other areas (dance floor, seating adjacent to the dance floor, etc) prior to 9 pm. F:t Userst CDDt6hamdWdmin \Ranrung_DiWsiontC t Templates Revised 10- 30-12 —GOD F:\UsersXPLN\Shared\Staff—Dir\Van Patten\Plan Checks\PLNG 2396- 2012_3.docx "Net Public Area" prior to 9 PM (Daytime) "Net Public Area' Parking Provided The northerly portion of restaurant having unrestricted use (inside dining 24 Spaces area, seating at bar, outside patio dining area) "Net Public Area" In use after 9 PM (Nighttime) "Net Public Area Parking Provided The northerly portion of restaurant having unrestricted use (inside dining area, seating at bar, outside patio dining area is excluded after 9 PM) 37 Spaces The southerly portion of restaurant (bar and dance floor area and seating adjacent to dance floor CITY OF NEWPORT BEACH PUBLIC WORK DEPARTMENT February 21, 2013 FROM: David Keely Senior Civil Engineer (949) 644 -3349 SUBJECT: PLAN CHECK CORRECTIONS FOR 114 McFadden Place (PLAN CHECK NO. 2398 -2012) Remodel existing Restaurant Note: To expedite the re -check process, the Applicant needs to return this Correction Sheet and responds to the below corrections either hereon or through an attachment. Corrections: 1. Accurately depict the public right of way /property lines on the plan. Attached are the most recent survey and record drawings for the area to help you locate the property lines. 2. No encroachments are permitted within the public right of way including walls, foundations, footings, patios, etc. 3. Note 256 indicates shade structure detail sheet A4.1. Which detail? 4. Counter seating and booths removed. Dance floor added; Justify occupant load. Occupant load shown as same as existing occupant load, yet a dance floor is added which should increase the occupant load. 5. Folding doors added at patio area. Show door swing for "La Cantina' folding doors when used for exiting purposes. •,frlvewPur"{ "�ieacfi•,,.,,., „•.,, .... ...•„ Ayhv :� I [ y<,,,, ,>•.':.,: ,,�.. ".: ,,..::,. ..<... ,, .. p, �1® �'IaBUI LO[ NIC PERMiT 144 It.." •.. ' wAr. eLdO •xV Iup Box D76Brtment �' .. (Newport Beach, CA 926588915 APPLICATION CNEC NO PLAN % ^. re 1714)644.3288 plixfl 11e U L�•N9 tt V N C4 ' ? \• cxCR'Rv 1-1r5� fiC[ YY! .Y I+C Yx 4AV• Ln •n 1r. tin', to n o-AOnl n•. «1C • .'rxOU•:L F4v L•.vl O 1iRC 114 Air i 9. .pNC &mJ-+' ��" LOCALITY tOMOSS SY.1 �� /ML' u\ BLOCN TRACY -_W STAT AREA �'GRP- `('�-- TvPC - -' /I PRO ��r „�__ ICON ?i„ •'" 'wS dn��u '''ll' USE Oi _ _ 5 EE STRUCT TEL YA ANT GRADING APPROVAL REQUIRED vEf ViD YCS ej �`'•' / N •Cg_ NO __ IiA U2ptH'/_S USE ZONE PARp1n10 SFACES _._... eege. �'P""•"T"�y. �� S ^" �/ .- G�+PNOS ,(( „` ' A/Cau� a✓b- eara'F TIP (.+�IjL l� D•���LY�..• x/1/4, -.. / CC ^,'gr_'OR I' S�p�PT - 1�1`�� •'yj /qa ,•' _•___..... ... ....._n l._.__ A 21t !!1�.�. asoc err°. _ - .....� tr rax _•_ __ - t_ \s TATE / /•1�f% NEWPOflT =55VS LIL NO� 4{ 1411 NO A J�.M^J -r .: Y =RO$: Ra• 5 LS _ .. 11 ' -' ECT E� 20NING PAIR v'1.. Y..- `.G�iT. {' "T - - - -- ^ -- FIRESNARE P:RE RE APPROVAL E %119[ YAM uC -�- _ NO GRADING �LL APPROVAL % SAN DIE• NO DESCRIPTION OF VIORN - DiMCR « _- aD0 4LT[R REPAIR bLM0L1 SH APPROVAL TOTAL $ p ��_ -E _ ---� _ A �% WOR ERS' COMPENSATION DEC l AAL MON 1 MCRf.QY A,".. TNPT I Avg A EERIIe,CA{'L 01 CV/W 10 SW INSURC OR A *��I ��,I. �,,,, �_�,�L�� _ f_ EVR1`1.ATC OA AORR,NS LPwP(N541� M SUYRRf(gn I. a CF....... CGPv •u[RSVV I.LC SB00 1a9C e ;asr.PAAIL' rL,l, iJ R,i.I rl� /�'�7� <- ., ``tt ri r'�•! 7� hi . _ _ <. ` _ 4 ego+mgP COn• r$ Nwge- n,Ip'�,A + -` ° ". �, .. Efq FG PPY Ia p1.ge nr +••,L R +r "A'NL. e E ^IC �C!L� 'I LICEN CONTRACTORS DECLARATION ERTIF CATS OF E\ENPTI ORNERS- *'E' • °' ^u "•e' > - IC(r9E. 'IDEA °NO:s;PFS •:r T.Al-g. U x•,fr•G.rL «'Tri (C •�ONM i0 C0 Or 'JN(I6,DY L Ot -A 0 SImC9x NO +a9•(ir5 f.00k' 'IV YV ..CEYSC i5 r r Il A.11.1 Al,, � oj- .a9 ° c •.p 74- -T .. 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I ZONING APPRO PEALAEAHAARE III ARE 3 0 4 r, 71775 Eck FIRE N APPROVAL EXCISE TAP RICK"$ Z I ORA ING APP UAL 7CISTRICT SAN 11C. PLAN CHM NO ZONE $ By A T DESCRIPTION CF WORK ALTER �EPAIA $ 09MOLISA, APPROVA TOISSUC WO KERS' COMPENSATION DECLXREXTELON HCIZEY A"I"" '"AT h A 00 OF W.PADEEll 2 I.Entor HIM LEAR. 1.0.c, on CORTIFICO COPY POLICY CrEITINEC COPY IS I lAs7lI OF "-'CAN I.., It FEL" "IT' 'LE' 8.16 ING I.IAFTAHLIT LICENSED CONTAACTORS DECLARATION OAT. - AAIl.I'.T_ . CERTIFICATE OF XEMPTION FROM WORKERS CS CCIPIPVN A71CIN INSURANCE I EEL-"' "HEEH THAT I A. L.Ill't, HEIER 'FOl'-QPA 11 CIA 99.110, n.., F "o. Q V. ( 3 .• 1r1 111ILHIS, ALI 11 IN ILELIL ICAIET AAM EIICCI ?IT P"' "E" 'A ECAMP-11T. IF. IVIENE, 11 I, QH P,C ,Nbat. OR E.A.., I "SY III IQ I`,•'A.t CATE CENT I I THAT IN THE EVIEVAPEAHCE 01 THY EIORA ran WH LE IE,% I "REST, I I S10ILL NOT ANY ICAW, ., ANY A pA A A SL%J9 I A HA jztA All A�� I ELL.... �=r CC OWHERI-81JILOER CATE L'�'Il HAP, AN; ,LAH"... I., CCHIR.C,6;E" LA. 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ED ,.t 0., A,,, Ht il."MOIC I CERTIFY MAY I AlVk 1I 7xiJi AlpACATIPHE ANO AIII, IN,, I,E APRIL .1 NOT A',,". I VI "ILE IALI Att 1014 EI ... . OR lllCE`Elt LAW 00e9 Al EPOICS.MN, LIM 'He I IPAP04MATION 6 COEVIECT I ACIE1 11 11MILL, FIT- ALI I'll, AN, COUNTY ORDINANCES ING 01111 LAiklItIANEHEI -0 N.W.Al., Af11,1 IQ AN OPE 0, HEIFER" WHO PllE*% C., IT"Rio, Ar�,P AHO PEH`� %UC' AIAEF Aul-o"Ill a . L s COLIA,I I A I I Y S I ' I I a "T" " ON "HER10 CA THROUGEN � CA,, A.", "Y1, A...Otl OR :Al ♦ I A 4,4, "PRO."Itl�fs .18 'VE PrIlRE'L, 1 1.0weg" THE II PROVE Wt%TFQNCD FEEOPF"" CRY' 'OR EE111ITION PUIRPOSE1 lAl 1.. .1 I. AIA'O.E.CIL, , "'D RHTLI "'.H. Ht IN MAHL .I ... DIELi " ok'PEEPALL r E,,E, ENHAIHE.LE, I. EEqkL I A I.HL AGEE, 01 SAAR. PHIAL"' All CA' LELHHItlI C0lI-,fEACI.W EA:J. ,,LH 1011TAELIT ll,L HEH,tCl 5g. 06, Eulll�rlt AN ......... I "IFULITIll LT. VAIVAEol HL l-N" AEIO.E LEI. PC "'A" VICE EEG "I A', Fopu ."0 ON HAY. "C', Oq. A CcI A "Hw'OH ANO EAHEE COR"FIr. CA,' "ItHat. pUROOAryf 'a YH6 E A. LHLT .... ... 14P 1 1104 IEHII A I." PH: 5", POEM-( FEE P'nal V.I. Adl PIC FEE $ CSp s Total FREE WORK muil" AV, STARTED WI-HIN A FR • . VALIDATION DA THIS PERMIT OCCOMES NULL PLAN CHECK VALIDATION AND VOID, CA No CAIIH PERMIT VALIDATION cN N.D. CASH I/ , T ir APPROVALS DATE INSPECTOR'S 816NATURE F�CUNDA lfIH REINFORCING STEEL PRESLAD SHEATHING ......... .... _ Fi0103d3N1 E)Nlallfl9 1t` 'OIOW aNtl llON 33W003O AIWtl3d BIHl HD NOI1tlOIlvW in'Atl03H1 WOHd 9AY OBI dOOOIB3d VNIHd IMO3dNtl183013flW MOM 4a, E N cc I Lu IL cl ul CO �u A I o 0 1 o _ 0 ccIn q He jo .. gayg- ',46 C Y O3 °� E. `V r3 i` 'ai Egg EG H MPH SIB oz garg-J. el Ryy —ga I I ;€ �+R @�z'$"k'§ �yg�ygO�� !— W '910A 9NY'pflN 93W99]911Wtl3d BIHl HO N911V01'IVA d031tl9 3H1 WOtli fi1tl0331 i9901tl3d tl NIH11M 931tlV193916fIWMtlOM p g 8F �� •n . I j � sway Ig s= a IN _ d MOO Ski010UM '910A 9NY'pflN 93W99]911Wtl3d BIHl HO N911V01'IVA d031tl9 3H1 WOtli fi1tl0331 i9901tl3d tl NIH11M 931tlV193916fIWMtlOM �� •n . I j Z 2F �- €m o g LU a N d S s 9 e m s �ro SI �I 1 £ �1 1 � i i gqI � o @ E u$ OH I vra 5 i� 1� ri 3• � w ��� ✓yam ti I �I 2F �- €m o g LU a N d S s 9 e m s �ro SI �I 1 £ �1 1 � i i gqI � o @ E u$ OH I vra 5 i� 1� ri 3• � w ��� ✓yam ti I �I q� Z F 0 0 e N w z u] m I j m 1 q i - l'1 � N U O O a ¢ 1 Y _ ❑ a Z o p Y(7 O w C7 p 2 ZNZ�¢Comual� ¢ �- x VJJ <Np 2� U N 2 ¢ fJ p¢ Y. M W¢ N ( [0 LL LL m yr L - - w U q� Z F 0 0 e N w z u] m CITY OF NEWPORT BEACH January 29, 1996 P.O. BOX 1760, NEWPORT BEACH, CA 92650.8965 PUBLIC WORKS DEPARTMENT - UTILITIES Mr. Ron Newman Baha Sharkeez 114 McFadden Place Newport Beach, California 92663 Dear Mr. Newman: Utilities has reviewed the data sheets provided by the Bio•remediation Company "BioEnviroTech" whose products you are using in your drain lines. At present we see no conflicts to the City's sewer system by using these products. It is our decision that you can proceed with your proposed food establishment modifications based on the information provided to the City at the Restaurant Review Meeting held on January 18, 1996, assuming you agree and adhere to the following conditions. Currently the Utilities Wastewater Section inspects and cleans the sewer main serving your food establishment annually. If City forces are required to clean, repair or inspect this main line more than the yearly level of service, your Company would be required to pay for those additional services. The cost for these services are currently $158.50 per hour, two (2) hour minimum, for a minimum total of $817.00 dollars for the City Vactor and two (2) crew members to respond to an emergency overflow or back -up. You will be billed for each occurrence. Each time these services are rendered, your food establishment would be re- evaluated as to the type of grease retention device required to eliminate the need for City forces to maintain the sewer main line. If excessive City services are continuing to be required, you may still be required to install a grease retention device. If you agree to this condition, please notify Utilities In writing as to your decision. If you have questions, please do not hesitate to call me at (714) 644.3011, Sincerely, Michael J. Sinacori, P.B. 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W V1 F1^Q �aC O D�z'aia O 1- rrdN 3 °c7 U zQ Ow Wz gym¢ NC S V N oJZOW.cu% y i [U z 6 O u z O 1 N� 0 F � Q Brown, Leilani From: Kiff, Dave Sent: Monday, October 07, 2013 1:35 PM To: Brown, Leilani Subject: FW: Woody's Wharf Appeal and Application For the record. From: Mike Deschenes [ mailto :mikedtairampaueproducts.net] Sent: Monday, October 07, 2013 1:29 PM To: Dept - City Council; Kiff, Dave; Harp, Aaron; Mulvihill, Leonie Subject: Woody's Wharf Appeal and Application October 7, 2013 Mayor Curry and Members of the City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Mayor Curry and Members of the City Council: ED:" -U -- E���DA PRINTED:" I a ~0 13 As a homeowner on 36th Street, I find it appalling that our elected City Council members ignore the well being of local residents as we implore you to maintain some level of restraint when it comes to increasing licensing and permits for businesses that specifically cater the consumption (and over- consumption) of alcohol in our community. Did you really talk with, and listen, to neighbors and representatives of our over - active police department in this recent decision? I am opposed to expanding the current use permit at Woody's Wharf's and approval of their application to legalize its nightclub operation, to change its bay front patio closing time to 2AM, to remove tables and chairs from its patio, to have dancing, and to increase its maximum occupancy level. Approval of this application will result in a further degradation of our already severely impacted Mixed Use area and only serves to escalate the insensitivity of local establishments when it comes to the negative impact their unruly patrons have on the community. .- , Mike Deschenes 118 36'" Street Newport Beach, CA 92663 Brown, Leilani From: Harp, Aaron Sent: Monday, October 07, 2013 12:06 PM Cc: Brown, Leilani; Brandt, Kim; Kiff, Dave Subject: FW: Newport Bay Marina Attachments: doc00149320131007085858.pdf Importance: High Good Afternoon Mayor and Members of the City Council, The following is an email I received from Mr. McKitterick regarding the Woody's Wharf item on the next City Council agenda. From: McKitterick, Gary fmailto: omckitterick Calallenmatkins.com] Sent: Monday, October 07, 2013 9:57 AM To: Harp, Aaron Cc: McKitterick, Gary; Graham, Susan Subject: Newport Bay Marina Importance: High Aaron, For our call today I have attached a copy of my clients site plan showing the location of the residential units adjacent to Woody's property line. The unauthorized use of our parking garage is also a major concern. This plan shows the entrance to the garage. The staff report for the Planning Commission and City Council incorrectly identified the distance between Woody's and our project. Gary S. McKitterick Esq. Partner Allen Matkins Leek Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor, Irvine, CA 92614 -7321 (949) 553 -1313 (main) (949) 851 -5432 (direct) (949) 751 -8270 (mobile) (949) 553 -8354 (fax) www.allenmatkins.com Allen Matkins IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Confidentiality Notice: The information contained in this electronic e -mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e -mail, and delete the original message and all copies from your system. Thank you. ",Uwaappa-13 . =N yoZ owI Vod"S OO& Vu VN "Vg 7tO"Riv '�' � aaaaa� aaaa�,aaaa� aaaa� Ea a F4 :y \,..w ... . : !k� | \ ' - k ,m | , � ƒ| § \ gig . q I � k | \ ' - k ,m | , � ƒ| § \ gig . q | \ ' - k ,m | , � ƒ| J71'f+�0+ m.13 I 01LJ0a'J'400>'8 POd"N 'M18 W�aN 006E acne ayy .(nt(' .}.1'Ol�M2n/ s ) Ill . ; ! EM Brown, Leilani From: Joann Bracken jjbracken @live.com] Sent: Monday, October 07, 2013 10:55 AM To: Dept - City Council; Brown, Leilani Subject: FW: Woodys Wharf Appeal Mayor & Council Members I am writing you to oppose any operational changes that would allow for any increased hours and /or any type of nightclub venue at the Woody's location. Again, the Peninsula residents find themselves having to defend their neighborhoods against bar operators who flagrantly violate the law due to a lack of proper code enforcement and a lack of willingness the City's leadership to limit and/or control these abusive operators /establishments. Because the City has either ignored or failed to enforce the in -place codes, the City now seems afraid of lawsuits from this operator and seems to "coddle" this operator rather than firmly enforcing the codes or laws. Is it appropriate to "reward" an operator when the operator refuses to abide by the current codes and is a significant problem to both the community and the police department? Clearly, this area already has a huge problem with the bars and the related alcohol problems including excessive amounts of police calls for service, fights, public drunkenness, and crime and property damage. There are already too many bars in this area and the bar patrons tend roam from establishment to establishment often creating a path destruction of rowdiness /screaming, puke, public urination, sex, fights, crime and property damage. Council Members, I invite you to spend a Thursday, Friday or Saturday night (12 midnight -2AM) to truly experience the problems and negative impacts in this area due to the over - concentration of ABC licenses /bars. Take a look at the police calls for service on a Thursday, Friday or Saturday night and ask yourself why is the City allowing this ? ?? Why isn't there better police and code enforcement? Why do we see "advised /complied" more often than "arrest" or "cited" for all of the alcohol problems ? ?? Why doesn't both the City and NBPD start sending a message - "enjoy Newport but drink responsibly" or be cited and /or arrested ? ?? Arrests and citations would go a long way in making this message clear to both the operators and their patrons. Simply put, Woody's is supposed to be a restaurant, not a nightclub. Do any of you remember all of the community and policing problems that Bacchus and the Thunderbird nightclub brought to the Lido Village? The City shut it down due to frequent complaints of noise, fights and public drunkenness. Countless hours were spent by the city attorney's office, the NBPD and the residents dealing with this problem operator. Even one of their bouncers was convicted in the first degree murder of a Newport Beach businessman. Fast - forward to 2013, the NBPD continues having problems keeping up with the alcohol related problems on the Peninsula as the calls- for - service are ridiculously high when compared to any other part of the City! We certainly do not need to create another problematic bar or nightclub. Please support our fine police officers and do not create yet another problem on the Peninsula for both the residents and police. Councilman Hill, during you election you campaigned against Reno that you would implement "restrictions on restaurant owners." Your letter quotes - "Do you believe Newport's restaurants should be allowed to remain open as long as they wish and convert to night clubs with entertainment and dancing without special permits? "Don't let our residents suffer with 24/7 Miami club life style next door to our homes." "Vote experience and knowledge of how to protect Newport's Quality of Life in Newport Beach." Councilman Hill, I really hope your actions are even stronger than your words. Please listen to the community and the police department to deny this application. Another problematic bar expansion and /or night club is bad and wrong for the community, public safety and for the quality of life on the Peninsula! The Peninsula already has the highest incidents of DUls and alcohol related problems. Let's make the Peninsula a better place! Thank you for your consideration! Sincerely, Joann Bracken- Newport Beach resident & property owner Brown, Leilani From: M. Stoddard [mstoddard1 @roadrunner.coml Sent: Monday, October 07, 2013 10:33 AM To: Dept - City Council; Kiff, Dave; Harp, Aaron; Mulvihill, Leonie; Brown, Leilani Subject: Woody's Wharf http: / /www. codepu bl ish ing. com /CAINewportBeach /? NewportBeach2O /NewportBeach2O. htm l 20.48.090 Eating and Drinking Establishments. This section provides standards for the establishment and operation of eating and drinking establishments. A. Standards —All Eating and Drinking Establishments. [Sections B. through E. omitted.] 1. New Establishments. Permits and licenses required by Title 5 (Business Licenses and Regulations) shall be obtained for new eating and drinking establishments, in addition to permits required by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). a. Substantial Change. When there is a substantial change in operation including any of the following: i. An application for, or a change in type of, retail liquor license from the Department of Alcoholic Beverage Control; The "Outdoor Dining Permit" for the Woody's Wharf patio cannot be used as an extension of its bar after all food service stops at 10PM. Woody's patio is 709 square feet which is greater than a 25% "increase in the floor area principally devoted to alcohol sales ". Woody's interior dining area is listed as 1,173 square feet and 25% of that is 239.25 square feet so the additional 709 square feet of the patio (being used as a bar from 10PM to 2AM) clearly exceeds a 25% increase in their floor area principally devoted to alcohol sales. 1 Woody's use of its patio as an extension of its bar after 10PM is illegal. An "Outdoor Dining Permit" is for dininq which may include drinking, but it is not intended for use without food. Woody's does not serve any food, not even appetizers after 10PM. The last seating for dinner is 8:45PM and you MUST MAKE A RESERVATION in order to eat that late... so that the chef can be notified. Woody's continues to flagrantly operate as a nightclub after 10PM with live entertainment and dancing, which is not in compliance with its Restaurant Use Permit. These Woody's Wharf operators should be fined and their Use Permit revoked since they refuse to comply with its conditions. Additionally, their "Outdoor Dining Permit" should be revoked since Woody's has repeatedly violated its conditions. Their original "Outdoor Dining Permit" was given as an extension of the dining area of the restaurant and the neighbors were assured that their patio would close down at 10PM nightly in deference to them, because of noise concerns after that hour. The City eventually changed the hours for closing the patio several times even though crowd noise, including late night yelling and screaming, had become an issue with the neighboring residents. Woody's continues to operate in violation of its Use Permits without reprimand from the City. After so many years of operating this way, the only course of action now available to the City is to completely revoke all of Woody's Use Permits and to require that these operators /lessees be heavily fined and prevented from continuing to do business in this city. Nightclubs degrade our neighborhood, making it unsafe for those of us who live here to go outside of our homes at night. People are being bussed into our beautiful city by large black "Party Busses" and limousines, and numerous people arrive by cab. Woody's attracts a very young crowd after the dinner hour and the clientele is not comprised of local residents. These people come from inland locations to party and puke on our sidewalks. They commit numerous crimes and recently they assaulted one of our neighbors. They fight, yell, curse, and are drunk in public. One of our neighbors found a couple having sex on our garage floor when he arrived late at night. Last Saturday night, one drunk young man urinated on a car parked at the curb across from Woody's Wharf right in front of us. We looked away so as not to witness his unsanitary action which sullied our beautiful neighborhood. Some leave drink glasses strewn on the sidewalks and others stagger and vomit. We residents are required to put up with the consequences of their misbehavior while the General Plan of the City promises that a Mixed Use Neighborhood is "highly livable for the residents ". Truly you have let us down and compromised the quality of life in Newport Beach. Your only course of action should be to pull all of Woody's Use Permits and to provide for us the lifestyle that was promised in the General Plan. M. Stoddard, Newport Beach resident z Brown, Leilani From: Harp, Aaron Sent: Monday, October 07, 2013 8:44 AM To: Brown, Leilani Cc: Brandt, Kim; Kiff, Dave Subject: FW: Woody's sound survey For administrative record. From: Dennis Halloran [ mailto :hallorandennisCabgmail.com] Sent: Thursday, October 03, 2013 9:18 AM To: Harp, Aaron Subject: Woody's sound survey It is important, if not critical that corrections to these sound surveys be noted by the City Council. I just measured the accurate distances from Woodys to the next residences to the North at 2408 Newport Blvd. and it is 75 feet. The nearest residence to the south will be 50 feet from the entrance to Woody's and the line waiting to get in late at night plus any one wishing to smoke must be in the parking lot. This is a significant difference in what the staff report indicates and casts great concern over the validity of the sound surveys. Please make the Council Members aware of this flaw in measurements, Dennis Halloran Brown, Leilani From: Harp, Aaron Sent: Monday, October 07, 2013 8:43 AM To: Brown, Leilani Cc: Brandt, Kim; Kiff, Dave Subject: FW: Woody's appeal of denial of operational change. For administrative record. From: Dennis Halloran [ maitto :hallorandennis(o)gmail.com] Sent: Wednesday, October 02, 2013 1 :41 PM To: Harp, Aaron Subject: Fwd: Woody's appeal of denial of operational change. ---- - - ---- Forwarded message - -- -- - -- -- From: Dennis Halloran <hallorandennis(a2gmail.com> Date: Tue, Oct 2 2013 at 9:43 PM Subject: Woody's appeal of denial of operational change. I request that you deny Woody's appeal of the denial of their application to change their operation from a restaurant to a Nightclub. I have met with the lease holders and they have steadfastly denied that they want to cease their illegal operations and want to be a nightclub. That is totally incompatible with a mixed use -water designation. It ignores the required quality of Life component for the residents nearby. As a close proximity neighbor I have witnessed the crowd noise late at night and the increased Police activity including the felony assault on a Woody's employee last month. Charming person waiting in line bit the doorman! On the Forehead! The Police department soundly opines that this is not the place for a nightclub, We the neighbors agree. Let them be a restaurant. No Dancing and Late night hours. I first carne to the Peninsula in 1943 and I want to maintain the quality of life that I knew, not the declining, vomit mile that is Newport Boulevard late night. As things move forward, make sure that the restrictions of their operating permit apply not only to their premises but also to the boats and docks they have control over. They have been and continue to be a source of loud noise Dennis Halloran 28th street Marina 12 year resident. Brown, Leilani From: Harp, Aaron Sent: Monday, October 07, 2013 7:28 AM Cc: Brown, Leilani; Mulvihill, Leonia; Brandt, Kim Subject: FW: Woody's Wharf Appeal and Application Good Morning Mayor and Council Members, Attached please find an email from Ms. Smith regarding the Woody's Wharf appeal for Tuesday's meeting. From: Sharon Smith [ mailto :sharonitsmith @cinci.rr.com] Sent: Friday, October 04, 2013 7:29 PM To: Kiff, Dave; Harp, Aaron; Mulvihill, Leonie Subject: Woody's Wharf Appeal and Application My husband and I are stunned that the Planning Commission approved Woody's application. We live in Ohio and are not at our condo on a regular basis. When we are there, we too have witnessed the abuses of Woody's operations. would like to think that the Council will refuse to allow this type Of personal behavior and disregard of rules and permit regulations in our city. Keep our city one in which people want to live and be proud, not one with a party atmosphere. Please deny Woody's application . Gene and Sharon Smith 28th Street Marina... October 4, 2013 Brown, Leilani From: Harp, Aaron Sent: Monday, October 07, 2013 7:27 AM To: Brown, Leilani Cc: Brandt, Kim Subject: FW: Woody's Wharf For administrative record. From: Scott Hildebrandt rmailto: scoff. hildebrandt @webbassociates.com] Sent: Saturday, October 05, 2013 9:39 PM To: Dept - City Council; Kiff, Dave; Harp, Aaron; Mulvihill, Leonie; mhenn( newpgrtbeachca.com Cc: kstoddard(droadrunner.com Subject: Woody's Wharf City Council Members, As a resident of the 28th Street Marina HOA for the last 5 years, my wife and I have been very interested in the application by Woody's Wharf to allow late night nightclub operations. We were quite surprised to learn that there was a question about how Woody's was operating these past 5 years and that they have not been complying with their current permit. As our City Council, you now have the opportunity to help your constituents and put this issue to rest. During the last 5 years we have noticed a fairly consistent number of occurrences of public drunkenness, public urination, fighting, and sexual activity outside of our home within our common courtyard along Newport Boulevard near 28th Street. While we understand that it is difficult to say how many of these incidents are related to the patrons from Woody's, it has been brought to our attention, and we feel should be brought to your attention as well, that there has been approximately 155 police calls to Woody's during the 19 months. This includes a number of fights, drunken disturbances, and drunk drivers. Considering the number of existing establishments that already have permitted late night operations, the higher than normal crime rate that exists on the Peninsula, the future mixed -use development adjacent to Woody's that I am sure won't want this activity to occur, and hopefully some consideration for those of us who reside in the neighborhood, I kindly request that you support the City Staff, the Police Department (both of whom recommended denial to the Planning Commission), and Councilman Henn and DENY this request by Woody's for late night operations and require them to comply with their current permit. Please excuse any typographical errors that may appear as result of my typing on a smartphone. Thank you for your consideration in this matter, Scott R. Hildebrandt, PE Senior Vice President Albert A. WEBB Associates T. 951.686.1070 Disclaimer added by Codeiwo Exchange Rules www.codetwo.com A i 5 [- A T A. A$ fl 0 V I k t t 6 Corporate Office 3788 McCray Street I Riverside, CA 92506 T. 951.686.1070 1 F. 951.788.1256 scott.hildebrandt@webbassociates.com Disclaimer added by CodeTwo Exchange times www.codetwo.com Please consider the environment before printing this email. Protection Notice Desert Region 36 -951 Cook St #103 1 Palm Desert, CA 92211 T. 760.568.5005 1 F. 760.568.3443 www.webbassociates.com 2 Brown, Lollard From: Harp, Aaron Sent: Monday, October 07, 2013 7:26 AM To: Brown, Leilani Cc: Brandt, Kim Subject: FW: WOODYS WHARF APPEAL For administrative record. From: normeinhorn0aol.com [mailtomormeinhorn0aol.com] Sent: Sunday, October 06, 2013 1:35 PM To: Dept - City Council; Kiff, Dave; Harp, Aaron; Mulvihill, Leonie; WERNLOVE(a)aol.com. Subject: WOODYS WHARF APPEAL Mayor Curry and Members of the City Council City of Newport Beach, CA, When Woody,s applied and was granted a restaurant license NOT A NIGHT CLUB LICENSE..It was with the understanding that they would adhere to said Iicense..To come before the council and blatantly admit they have been operating illegally for over 10 years and request additional time and a dancing permit is unbelievable! Anywhere else they would have been shut down. The small fines are just treated as a cost for operating illegally. How the council could even consider their request is beyond me ........ No matter what grant they get they pay no attention to it. What is to prevent them from staying open 24 hours or increasing the sound..NO ONE WILL SERIOUSLY PENALIZE THESE ILLEGAL OPERATORS..... - Newport Beach is a beautiful city, it deserves to have fine shops and quality restaurants not a string of bars open until 2 O'CLOCK in the morning. Drunks staggering out, noise, fights..... Let's put BALBOA PENINSULA BACK ON THE RIGHT PATH and deny this illegal operation ...... Please remember the police responded to 157 calls from 111/2012 to 07/22/2013.This included 32 fights, 23 disturbances, 12 drunks and 5 drunk drivers. THE POLICE THINK THEY SHOULD BE DENIED THERE REQUEST and so do all their neighbors....... THANK YOU SO MUCH, NORM EINHORN 28th Street Marina Unit 313 Brown, Leilani From: Harp, Aaron Sent: Monday, October 07, 2013 7:22 AM To: Brown, Leilani Cc: Brandt, Kim Subject: FW: City of Newport Beach Council: Restaurants, Nightclub /92663 For the administrative record. From: Christopher Rolls [mailtoxjrolfs0icloud.com] Sent: Sunday, October 06, 2013 9:14 PM To: Dept - City Council; Kiff, Dave; Harp, Aaron; Mulvihill, Leonie Cc: C.3, Rolls Subject: Re: City of Newport Beach Council: Restaurants, Nightclub /92663 October 6, 2013 Christopher J. Rolfs 28th Street Marina #324 Newport Beach, CA 92663 -. .. : -. Please consider the overall negative ramifications when passing certain legislation regarding restaurants, bars and nightclub operations on the Balboa Peninsula. Woody 's Wharf stopped being a restaurant/bar approximately seven years ago. I know this very well because I have owned and lived at the 28th Street Marina for more than twenty years. I used to eat at Woody's every weekend. Woody's serves food on a daily basis, but, it probably obtains decent profitability after only one or two nights of operations per week. I have nothing against nightclubs, however, Woody's current location, physical structure as well as proximity to nearby residential neighborhoods on the Rhine Channel /Marina make it's current ongoing operation as a nightclub a really bad idea. Please don't wait until the completion of the adjoining residential community under construction as well as Marina Park's positive contribution to the neighborhood in the future. Please do not forsake the original intention of this "mixed use residential /commercial neighborhood" for the lure of easy tax dollars from liquor serving operations that are not operating in accordance with existing laws. Moreover, the consequences of ignoring an appalling increase in liquor related incidents, automobile /pedestrian accidents, noise and especially crime on the Balboa Peninsula are too many to mention in one letter. Please join with caring local residents and responsible businesses in the community and do riot approve Woody's Wharfs current operational application. Thank you all for your time and work in our community. Sincerely, Christopher Rolfs Brown, Leilani From: Harp, Aaron Sent: Monday, October 07, 2013 7:34 AM Cc: Mulvihill, Leonie; Brown, Leilani; Brandt, Kim; Kiff, Dave; Kyle E. Rowen (KRowen @WZLLP.COM) Subject: FW: NPB Marina response to Woody's Wharf application Attachments: NPB Marina letter- Woody's Wharf.pdf; NBM 3 Renderings.docx Importance: High Good Morning Mayor and Council Members, Attached, please find an email and attached correspondence from Mr. McKitterick related to the Woody's Wharf Appeal From: McKitterick, Gary [ mailto :gmckitterick @allenmatkins.com] Sent: Friday, October 04, 2013 3:33 PM To: Harp, Aaron Cc: McKitterick, Gary; Graham, Susan; Steven Mills; 'Jerry Conrad' Subject: FW: NPB Marina response to Woody's Wharf application Importance: High Aaron, Please share this email with the City Council. Our client's property is located immediately adjacent to Woody's. The operational characteristics approved by the Planning Commission for Woody's are inconsistent with the residential character of this area (specifically the residential component of our project that my client is currently constructing) and the relevant policies of the 2006 General Plan. On behalf of our client, we encourage a vote to reverse the Planning Commission decision and deny conditional use permit No. UP2011 -010 and Variance VA2013 -006. I will make a presentation for my client and would request 8 -10 minutes(I will have a few slides to allow the Council to see a visual of our project and the adjacency concerns). I would appreciate the accommodation of time since we are the most impacted by a decision. I would like to make my presentation after the 28th Street Marina group since they are impacted by the current operations. Please see A -3 on page 12 of the Staff Report which states the residential uses associated with my clients project are 100 feet away —that is not true, our building is only a few feet away from the Woody's property line. Any expansion of use will be detrimental to the general welfare of the residential occupants in my client's I project and in the neighborhood. We are also concerned about the Woody's property being under - parked which will also have a direct negative impact on my client's project. There have been numerous complaints from residents about the current operation of Woody's and the repeated enforcement concerns. Any increase in the intensity of use will cause more conflicts for the City and therefore we strongly believe a reversal of the Planning Commission decision is warranted. Gary S: McKitterick Esa. Partner Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor, Irvine, CA 92614 -7321 (949) 553 -1313 (main) (949) 851 -5432 (direct) (949) 751 -8270 (mobile) (949) 553 -8354 (fax) www.allenmatkins.com Allen Matkins From: Graham, Susan Sent: Friday, October 04, 2013 2:40 PM To: MHenn0NewoortBeachCa.c1 Cc: McKitterick, Gary; Steven Mills; Jerry Conrad Subject: FW: NPB Marina response to Woody's Wharf application Councilman Henn: I wanted to reach out to you on behalf of my client, the owner of the Newport Beach Marina. We appreciate that you appealed the recent Planning Commission action of September 5, 2013 with respect to the application of Woody's Wharf. We are very concerned about the operations of Woody's Wharf as well. I am forwarding an email I sent to Tony Petros earlier this week along with a copy of my client's letter to the entire council. The email below sets forth some additional facts that might be of interest to you. I have also attached a rendering of our in- process development for your information, Our development contains a building which is merely a few feet from the property line shared with Woody's. The residence contained in that building is about 15 feet to the bedroom wall from the property line. The compatibility of the use of Woody's Wharf with our approved development is of huge economic importance to us. Please feel free to call with any questions. Sincerely, Susan E. Graham Eso. Partner Allen Matkins Lock Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor, Irvine, CA 92614 -7321 (949) 553 -1313 (main) (949) 851 -5427 (direct) (949) 553 -8354 (fax) www.allenmatkins.com Allen Matkins From: Graham, Susan Sent: Tuesday, October 01, 2013 2:51 PM To: 'TPetros @NewportBeachCa.gov' Cc: McKitterick, Gary; 'Steven Mills'; Jerry Conrad Subject: NPB Marina response to Woody's Wharf application Tony, I appreciate how busy you are and wanted to make sure you have some facts that have not been analyzed before with respect to the Woody's Wharf application. (I have attached for your reference my client's letter to the City Council which you hopefully received.) We assisted NPBeach Marina, LLC ( "NB Marina ") in the acquisition of the site directly to the south of Woody's Wharf and continuing all the way to the Newport Shipyard (the "Newport Marina Project") in November, 2012. At that time, Woody's Wharf had the right to operate as a restaurant (not a nightclub), The Newport Marina Project is zoned MU -W2 which under the 2006 General Plan Amendment allows marine related uses and residential on upper floors. The amendment created an area where residential uses were expected to co -exist with commercial uses like restaurants. When NB Marina acquired the fully entitled property, it expected the use of the neighbor Woody's Wharf as a restaurant. In fact, NB Marina intends to lease some significant space in its project to restaurant operators as well. As you know, in November, 2012, Woody's sought an amendment to its existing CUP to significantly increase the intensity of its use to include dancing and to increase the hours of operation both inside and outside on the patio, among other things. Since my client had just purchased the property, we did not publlcally voice our concerns nor was our adjacent project analyzed when considering the application of Woody's, The Planning Commission voted to extend the opening hours of the restaurant, deny dancing, deny removal of tables on the patio after certain hours, deny the change in the hours of operation of the patio to 2 a.m. on weekends but allow the patio to stay open until 12 a.m. on weekends. Woody's prepared noise studies and offered certain patio coverings to mitigate the noise complaints voiced by the 280 Street Marina project. Woody's appealed the November decision and in September, 2013, the Planning Commission agreed in a 5 -2 vote to allow Woody's to include dancing in the interior of the restaurant and operate the outdoor patio until 2 a.m. on weekends. These changes basically create a nightclub -type use at Woody's and greatly negatively impact the Newport Marina Project. Please pay special attention to Commission Tucker's concerns about the incompatibility of the uses created by the September action. In your package, you will receive a copy of the Police Report which mentions the number of police incidents caused by Woody's. The Police Report indicates concerns about exacerbating the problems in this geographic area. The Policy Report states that allowing these uses at Woody's creates a nightclub /bar atmosphere which ultimately has a negative impact on the health, safety and welfare of the community. The action by the Planning Commission allows Woody's to operate in a manner that is incompatible with the Newport Marina Project. This modification severely negatively impacts my client, an investorthat has already committed to invest over $150,000,000 in Newport Beach, and that is looking for additional projects in our city. The previous analyses considered the impact on the 28`h Street Marina and other residents close to Woody's that have some buffers in between them and Woody's. However, the previous studies did not analyze the impacts to the directly adjacent neighbor, the Newport Marina Project. There are no buffers to mitigate the concerns we have with the new approved extended uses at Woody's. We appreciate you considering these concerns when making a decision on October 8, 2013. Please feel free to call with any questions. Susan E. Graham Esa. Partner Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, Sth Floor, Irvine, CA 92614 -7321 (949) 553 -1313 (main) (949) 851 -5427 (direct) (949) 553 -8354 (fax) www.allenmatkins.com Allen Matkins From: Diana.VanderwalKoidart.biz [ mailto :Diana.Vanderwall @dart.bizl on Behalf Of Steve.Mills@dart.biz Sent: Thursday, September 26, 2013 12:09 PM To: currvk@pfm.corn; MHenn@NewponBeach.Ca.gov; TPetms @NewoortBeachCa oov; RHill @NewportBeachCa.aov; leshei aigle@aoLcom; EdSelich@roadrunner.com; NGardner @NewpQrtBeachCa qgv_ Cc: Steve.Mills @dart.biz Subject: NPB Marina response to Woody's Wharf application Mayor Curry and Members of the City Council: Please see the attached letter that expresses NPB Marina LLC's thoughts regarding the Conditional Use Permit Application for Woody's Wharf_ Your time and attention in reviewing our concerns are much appreciated. Best regards, Steve Mills Manager NPB Marina LLC 2312 Newport Boulevard Newport Beach, California 92663 C:517- 525 -4900 IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Confidentiality Notice: The information contained in this electronic e -mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you. .; MARINA LLC Newport se ! VIA ELECTRONIC MAIL September 25, 2013 The Honorable Keith D. Curry, Mayor and Members of the City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Res Application of Woody's Wharf (PA 2011 -055); Conditional Use Permit No. UP2011 -010 (the "CUP "); 2318 Newport Boulevard, Newport Beach, CA (the " Woody's Wharf Property") Dear Mayor Curry and Members of the City Council. We are writing to express our extreme concern about the recent approval by the Planning Commission of modifications to a conditional use permit and variance with respect to the operations at the Woody's Wharf Property, We purchased the property directly to the south of the Woody's Wharf Property in November, 2012. We are currently constructing a mixed use commercial /residential project known as Newport Beach Marina which has been in the planning and approval process for many years. This project will immediately improve a significantly blighted area of the peninsula When we purchased the property, we were well aware of the operation of Woody's Wharf as a restaurant. The action by the Planning Commission effectively allows Woody's Wharf to turn into a nightclub. The extended hours on the outside patio (until 2:00 am.) and the introduction of dancing are of the utmost concern to us. The operations of a restaurant and those of a nightclub are very different and have much different impacts on neighbors. A nightclub use in this residential area will lead to many problems such as crime, public intoxication and late - night noise issues. These risks, as well as the consistent history of disregard by the owners /operators of the current restrictions are set forth in the memorandum from the Policy Department attached to the Planning Commission Staff Report. We have already made and are making substantial investments in the City of Newport Beach through the Newport Beach Marina project and through two other very exciting projects. the renovation of the high rise at 3388 Via Lido Avenue and the 23 unit townbome project known as Lido Villas. Through these three projects, we are investing approximately $150,000,000 in the City. And, we continue to seek additional investments in Newport Beach because we really like the atmosphere and lifestyle in the City. 997447.01/oC 372416 - 00006/9 - 24.13//50 However, we are very concerned about the impact of the operation of Woody's Wharf as a nightclub on our Newport Beach Marina project in particular and the neighborhood as a whole. We respectfully request the City Council revoke the Planning Commission decision and maintain all current restrictions related to the CUP and the operations of Woody's Wharf and not grant any modifications to the CUP. Very truly yours, V fl/-tm--OF NPB Marina LLC cc: David Kiff, City Manager (via email) Aaron C. Harp, Esq., City Attorney (via email) Brenda Wisneski, Deputy Community Development Director (via email) Planning Commission (via email) Mr. Steven Mills Mr. Jerry Conrad 997447.01/OC 372416. 00006/9.24- 13' -seg .2' r w ; "too 4 •`�_. :yam_.,::, -sl� "W7 77 .. li Is, r y ow 4 •`�_. :yam_.,::, -sl� "W7 77 .. li Is, r y ow L _._�:.� -.: w... ,- _.mow:.`.,. .:�:✓•--� ---.:. ..�nr.,: ....� Brown, Leilani From: Harp, Aaron Sent: Monday, October 07, 2013 8:34 AM Cc: Brandt, Kim; Kiff, Dave; Brown, Leilani; Mulvihill, Leonia; Kyle E. Rowen (KRowen @WZLLP.COM) Subject: FW: NPB Marina response to Woody's Wharf application Attachments: NPB Marina letter - Woody's Wharf.pdf Good Morning Mayor and Council Members, The following is another email and attachment that I received from Mr. McKitterick that he requested I forward to you. Aaron C. Harp City Attorney City of Newport Beach 100 Civic Center Drive Newport Beach, CA, 92660 Phone: (949) 644 -3131 Fax: (949) 644-3139 Email: aharp @newportbeachca.gov CONFIDENTIALITY NOTICE: The information in this e-mail message is intended for the confidential use of the addressees only. The information is subject to the attorney - client privilege and /or may be attorney work - product. Recipients should not file copies of this e-mail with publicly accessible records. If you are not an addressee or an authorized agent responsible for delivering this e-mail to a designated addressee, you have received this e-mail in error, and any further review, dissemination distribution, copying or forwarding of this e-mail is strictly prohibited. Moreover, such inadvertent disclosure shall not compromise or waive the attorney - client privilege as to this communication. If you received this e-mail in error, please notify us immediately at (949) 644 -3131. Thank you. From: McKitterick, Gary [mailto:gmckitterick @allenmatkins.com] Sent: Thursday, October 03, 2013 1:44 PM To: Harp, Aaron Cc: McKitterick, Gary; Graham, Susan Subject: FW: NPB Marina response to Woody's Wharf application Hi Aaron, We represent NP13each Marina,LLC and I was hoping to talk to you about concerns relating to the desire of Woody's Warf to increase the intensity of its use by amending its existing CUP. I have attached an email which generally identifies our concerns. If you are available I would like to speak to you Friday or Monday. Thanks Gary S. McKitterick Esa. Partner Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor, Irvine, CA 92614 -7321 (949) 553 -1313 (main) (949) 651 -5432 (direct) (949) 751 -6270 (mobile) (949) 553 -8354 (fax) www.allenmatkins.com Allen Matkins Prom: Graham, Susan Sent: Tuesday, October 01, 2013 2:51 PM To: TPetros@NewportBeachCa.00v Cc: McKitterick, Gary; Steven Mills; Jerry Conrad Subject: NPB Marina response to Woody's Wharf application We wanted to make sure you have some facts that have not been analyzed before with respect to the Woody's Wharf application. (I have attached for your reference my client's letter to the City Council which you hopefully received.) We assisted NPBeach Marina, LLC ( "NB Marina ") in the acquisition of the site directly to the south of Woody's Wharf and continuing all the way to the Newport Shipyard (the "Newport Marina Project") in November, 2012. At that time, Woody's Wharf had the right to operate as a restaurant (not a nightclub). The Newport Marina Project is zoned MU -W2 which under the 2006 General Plan Amendment allows marine related uses and residential on upper floors. The amendment created an area where residential uses were expected to co -exist with commercial uses like restaurants. When NB Marina acquired the fully entitled property, it expected the use of the neighbor Woody's Wharf as a restaurant. In fact, NB Marina intends to lease some significant space in its project to restaurant operators as well. As you know, in November, 2012, Woody's sought an amendment to its existing CUP to significantly increase the intensity of its use to include dancing and to increase the hours of operation both inside and outside on the patio, among other things. Since my client had just purchased the property, we did not publically voice our concerns nor was our adjacent project analyzed when considering the application of Woody's. The Planning Commission voted to extend the opening hours of the restaurant, deny dancing, deny removal of tables on the patio after certain hours, deny the change in the hours of operation of the patio to 2 a.m. on weekends but allow the patio to stay open until 12 a.m. on weekends. Woody's prepared noise studies and offered certain patio coverings to mitigate the noise complaints voiced by the 28th Street Marina project. Woody's appealed the November decision and in September, 2013, the Planning Commission agreed in a 5 -2 vote to allow Woody's to include dancing in the interior of the restaurant and operate the outdoor patio until 2 a.m. on weekends. These changes basically create a nightclub -type use at Woody's and greatly negatively impact the Newport Marina Project. Please pay special attention to Commission Tucker's concerns about the incompatibility of the uses created by the September action. In your package, you will receive a copy of the Police Report which mentions the number of police incidents caused by Woody's. The Police Report indicates concerns about exacerbating the problems in this geographic area. The Policy Report states that allowing these uses at Woody's creates a nightclub /bar atmosphere which ultimately has a negative impact on the health, safety and welfare of the community. The action by the Planning Commission allows Woody's to operate in a manner that is incompatible with the Newport Marina Project. This modification severely negatively impacts my client, an investor that has already committed to invest over $150,000,000 in Newport Beach, and that is looking for additional projects in our city. The previous analyses considered the impact on the 281h Street Marina and other residents close to Woody's that have some buffers in between them and Woody's. However, the previous studies did not analyze the impacts to the directly adjacent neighbor, the Newport Marina Project. There are no buffers to mitigate the concerns we have with the new approved extended uses at Woody's. We appreciate you considering these concerns when making a decision on October 8, 2013. Please feel free to call with any questions. Susan E. Graham Esa. Partner Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor, Irvine, CA 92614 -7321 (949) 553 -1313 (main) (949) 851 -5427 (direct) (949) 553 -8354 (fax) www.allenmatkins.com Allen Matkins From: Diana.Vanderwall(&dart.biz [ mailto :Diana.VanderwallCaldart.biz] On Behalf Of Steve.Mills @dart.biz Sent: Thursday, September 26, 2013 12:09 PM To: curryk @ofm.com; MHennCabNewportBeach.Ca.gov; TPetros(� NewportBeachCa.aov; RHill(@NewoortBeachCa.gov; lesliejdaigle @aol.com; EdSelichculroadrunner.com; NGardner(@NewportBeachCa.aov Cc: Steve.Mills @dart.biz Subject: NPB Marina response to Woody's Wharf application Mayor Curry and Members of the City Council: Please see the attached letter that expresses NPB Marina LLC's thoughts regarding the Conditional Use Permit Application for Woody's Wharf. Your time and attention in reviewing our concerns are much appreciated. Best regards, Steve Mills Manager NPB Marina LLC 2312 Newport Boulevard Newport Beach, California 92663 C:517- 525-4900 IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Confidentiality Notice: The information contained in this electronic e -mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and /or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and maybe unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you. Recieved After Agenda Printed 10.8.13 Item #8 tf RM� PR P rbpeo�� e �{n. r 2 {Ofr Rol YL0.ii �;nG G 7[ BLDG. O. BLOGX Ilk a � tl Y2 n cf� n o Z NEW i i i 1 ?I 11 MIN ip0O MIN •0 6 �� _ _ = 27027 COMPOSITE u�cwrzcrvnw Heex iu� ecru - HP1W4LL AO] Woody's Wharf News Feed M...." Woottyw Wharf Event. Healllry Life ...HapW U Poke. App Canter Places Editor Gift. Gee More_. ime I Is ou- D 11 Woody's Wharf 3,n54kes 52talkingaboutrills 39,325werdhere S9 0 New) Smfood Pes6uraM 2949 Hewparl8lvd., Neagnt Deal GJHwMa 92663 • T.dW 11:00 am- 2:00 am Post photo I Wdeo Write something... Wrevi ". Whorl 00 32 minute. ago Waterfront Happy Hour 3 -15pin like' Conmlenl slave 21Jmpk whe this. b O[tater4 d0 Football fans, Wo W5 Wharf will now often at 9:30 am every, Sunday during football! 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IPVIb Invte .alk Recent Pmts by Others on Woodis Wlaif See All Net lfabuxlen •(i TAU hmy bs[nipMM Waodys Portr... dueler 2 at a •RWDV tat l0:Ilam shoran Wanderer Williams k New Wanderer AN earth E have a drink, U,mk out... Is a ' SMemeer IS m 9:SSpn SPeneore I SnH HbCs Ps Tery BUn V PfM ton n 5 V P Ip IonI9M's eM of sannrer 2019+dm Wmd/s p._ •fans ' 1 S�lrmMrl9 at 9:09pn /� RlAlms Wanderer Williams 11 ywr In imvn pin me � WoWy's WDaMtmlphtlll Ill D.. J ' Anpun )i at 2:O0pn Recede 25 Its HYW O¢ orders P6 S V' Ppwm vp test end brpW Vining daw(Or.. FRIENDS, : Jackla Gnhsm Au9sJI rl2,161sn https: / /www.facebook.com/ 10/7/2013 NPB MARINA LLC 2312 Newport Boulevard Newport Beach, California 92663 VIA ELECTRONIC MAIL September 25, 2013 The Honorable Keith D. Curry, Mayor and Members of the City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: Application of Woody's Wharf (PA 2011 -055); Conditional Use Permit No. UP2011 -010 (the "CUP"); 2318 Newport Boulevard, Newport Beach, CA (the " Woody's Wharf Property") Dear Mayor Curry and Members of the City Council: We are writing to express our extreme concern about the recent approval by the Planning Commission of modifications to a conditional use permit and variance with respect to the operations at the Woody's Wharf Property. We purchased the property directly to the south of the Woody's Wharf Property in November, 2012. We are currently constructing a mixed use commerciallresidential project known as Newport Beach Marina which has been in the plamring and approval process for many years. This project will immediately improve a significantly blighted area of the peninsula. When we purchased the property, we were well aware of the operation of Woody's Wharf as a restaurant. The action by the Planning Commission effectively allows Woody's Wharf to turn into a nightclub. The extended hours on the outside patio (until 2:00 am.) and the introduction of dancing are of the utmost concern to us. The operations of a restaurant and those of a nightclub are very different and have much different impacts on neighbors. A nightclub use in this residential area will lead to many problems such as crime, public intoxication and late - night noise issues. These risks, as well as the consistent history of disregard by the owners/operators of the current restrictions are set forth in the memorandum from the Policy Department attached to the Planning Commission Staff Report. We have already made and are making substantial investments in the City of Newport Beach through the Newport Beach Marina project and through two other very exciting projects: the renovation of the high rise at 3388 Via Lido Avenue and the 23 -unit townhome project known as Lido Villas. Through these three projects, we are investing approximately $150,000,000 in the City. And, we continue to seek additional investments in Newport Beach because we really like the atmosphere and lifestyle in the City. 997447.01/OC 372416-00006/9.24- 13 / /sc9 However, we are very concerned about the impact of the operation of Woody's Wharf as a nightclub on our Newport Beach Marina project in particular and the neighborhood as a whole. We respectfully request the City Council revoke the Planning Commission decision and maintain all current restrictions related to the CUP and the operations of Woody's Wharf and not grant any modifications to the CUP. Very truly yours, MR3 FUW�.VTOJ cc; David Kiff, City Manager (via email) Aaron C. Harp, Esq., City Attorney (via email) Brenda Wisneski, Deputy Community Development Director (via email) Planning Commission (via email) Mr. Steven Mills Mr. Jerry Conrad 997447.0110C 37241640006i9-24- 13-'�seg -2- "RECEIVED AFTER AGENDA PRINTED`— ?Z i:.Y-!3 NPB MARINA LLC 2312 Newport Boulevard Newport Beach, California 92663 VIA ELECTRONIC MAIL September 25, 2013 The Honorable Keith D. Curry, Mayor and Members of the City Council City of Newport Beach' 100 Civic Center Drive Newport Beach, CA 92660' Re: Application of Woody's Wharf (PA 2011 -055); Conditional Use Permit No. UP2011 -010 (the "CUP "); 2318 Newport Boulevard, Newport Beach, CA (the " Woody's Wharf Property") Dear Mayor Curry and Members of the City Council: We are writing to express our extreme concern about the recent approval by the Planning Commission of modifications to a conditional use permit and variance with respect to the operations at the Woody's Wharf Property. We purchased the property directly to the south of the Woody's Wharf Property in November, 2012. We are currently constructing a mixed use commercial/residential project known as Newport Beach Marina which has been in the planning and approval process for many years. This project will immediately improve a significantly blighted area of the peninsula. When we purchased the property, we were well aware of the operation of Woody's Wharf as a restaurant. The action by the Planning Commission effectively allows Woody's Wharf to turn into a nightclub. The extended hours on the outside patio (until 2:00 a.m.) and the introduction of dancing are of the utmost concern to us. The operations of a restaurant and those of a nightclub are very different and have much different impacts on neighbors. A nightclub use in this residential area will lead to many problems such as crime, public intoxication and late - night noise issues. These risks, as well as the consistent history of disregard by the owners /operators of the current restrictions are set forth in the memorandum from the Policy Department attached to the Planning Commission Staff Report. We have already made and are making substantial investments in the City of Newport Beach through the Newport Beach Marina project and through two other very exciting projects: the renovation of the high rise at 3388 Via Lido Avenue and the 23 -unit townhome project known as Lido Villas. Through these three projects, we are investing approximately $150,000,000 in the City. And, we continue to seek additional investments in Newport Beach because we really like the atmosphere and lifestyle in the City. 997447.01/oC 37241500006/9- 24- 13 / /seg ,J However, we are very concerned about the impact of the operation of Woody's Wharf as a nightclub on our Newport Beach Marina project in particular and the neighborhood as a whole. We respectfully request the City Council revoke the Planning Commission decision and maintain all current restrictions related to the CUP and the operations of Woody's Wharf and not grant any modifications to the CUP. Very truly yours, NPB Marina LLC cc: David Kiff, City Manager (via email) Aaron C. Harp, Esq., City Attorney (via email) Brenda Wisneski, Deputy Community Development Director (via email) Planning Commission (via email) Mr. Steven Mills Mr. Jerry Conrad 997447.01/OC 37241600006/9 -24- 131 /seg -2- LAW OFFICES OF DENVER R. ANDREWS, JR. Prefatrresat Cnrpamrraa 9210 Irvine Center Drive Tel: (949) 333 -3416 Irvine, California 92618 Pax: (949) 640 -8294 October 1, 2013 Mayor Keith D. Curry and Members of the City Council City oT Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: Council Meeting of October 8, 2013, Opposition to Request by Woodys yUha ar Amendment to Use Permit 3065 and Outdoor Dining Permit No.1 r FT-1 Dear Mayor Curry and Members of the City Council V I am legal counsel to Tract 14025 Association, generally known as the 28th Street Marina Homeowners Association. I understand that the City Council at its meeting on October 8, 2013 will review and consider an application by Woody's Wharf, a local dining and entertainment establishment, for an amendment to its use permit to expand its hours of operation to use its outdoor patio beyond 11:00 p.m., to be allowed to have dancing, to increase its maximum occupancy level and to be allowed to remove tables and chairs from its patio. This letter is in support of the Association's objection to this effort by Woody's Wharf to expand its operation at the expense of long term homeowners in the neighborhood. 28th Street Marina Homeowners Association is an association for a residential development of thirty -five homes located on Newport Blvd. between 26th Street and 280, Street — approximately 200 feet from Woody's Wharf. This residential development has been a part of the neighborhood for over twenty years. The homeowners in the 28th Street Marina development realize and embrace the fact that they five in a mixed -use neighborhood. Its residents respect the rights of local businesses to reasonably operate in a manner that is respectful of their residential rights. They understand also that a neighborhood zoned as "mixed -use" is not the same as one zoned "commercial." Such a distinction is critical to their quality of life as well as to their investments in their homes. Woodys Wharf has operated for thirty years under a use permit that restricts the hours and nature of its outdoor activities. Because of the proximity of homes to the establishment, the conditions and restrictions on Woody's Wharfs operation have been intended cleady to mitigate noise and other disturbances from Woody's Wharf, to respect and protect the rights of neighboring homeowners to a comfortable use and enjoyment of their homes, and to preserve the character of the area as a mixed -use neighborhood, not as a commercial neighborhood. Woodys Wharfs record is not one of respect for the rights of its neighbors or of compliance with the conditions of its use permit. Particularly, the business has failed repeatedly to Mayor Curry October 1, 2013 Page 2 limit the use of its outdoor patio after 11:00 p.m., and it has received numerous citations by the Newport Beach Code Enforcement Department for these and other violations. Just last year, Woody's Wharf, by application to the Planning Commission, sought to do away with its use permit's restriction on the late night use of the patio. By its application, it sought to have its record of bad conduct rewarded by being permitted to expand its patio use beyond 11:00 p.m. Such an extension of the use of its patio, in addition to its currently permitted live entertainment, and its request to be allowed to have dancing, effectively would assure an outdoor party and nightclub atmosphere at the expense of long term homeowners and residents a few feet away. The Planning Commission denied Woody's Wharf's attempt last year, sensitive to the effects such an operation would have on its neighbors. Woody's Wharf continues, nevertheless, its insidious effort to convert what once was primarily a dining establishment with some entertainment into a nightclub. Nightclubs are not in keeping with a mixed -use Newport Beach neighborhood, and they violate the revised General Use Plan. They should not be permitted at the expense of the community's long time residents. On behalf of the 28th Street Marina Homeowners Association and its members and residents, I urge the City Council to keep in place the restrictions on the hours of operation and use of the outdoor patio at Woody's Wharf, and do not allow dancing or the removal of tables and chairs from the patio. These restrictions are essential to the preservation of this mixed -use neighborhood's pleasant environment, and to the rights of its residents. :WS, JR. Brown, Leilani From: Brown, Leilani Sent: Wednesday, October 02, 2013 4:03 PM To: Brown, Leilani Subject: FW: Woody's appeal of denial of operational change. From: Dennis Halloran [ mailto :hallorandenniscagmail.coml Sent: Wednesday, October 02, 2013 1:47 PM To: Mulvihill, Leonie Subject: Fwd: Woody's appeal of denial of operational change. ---- - - - - -- Forwarded message ---- - - - - -- From: Dennis Halloran <hallorandennis(,gmail.com> Date: Tue, Oct 3, 2013 at 9:03 PM ^ Subject: Woody's appeal of denial of operational change. I request that you deny Woody's appeal of the denial of their application to change their operation from a restaurant to a Nightclub. I have met with the lease holders and they have steadfastly denied that they want to cease their illegal operations and want to be a nightclub. That is totally incompatible with a mixed use -water designation. It ignores the required quality of Life component for the residents nearby. As a close proximity neighbor I have witnessed the crowd noise late at night and the increased Police activity including the felony assault on a Woody's employee last month. Charming person waiting in line bit the doorman! On the Forehead! The Police department soundly opines that this is not the place for a nightclub, We the neighbors agree. Let them be a restaurant. No Dancing and Late night hours. I first came to the Peninsula in 1943 and I want to maintain the quality of life that I knew, not the declining, vomit mile that is Newport Boulevard late night. Dennis Halloran 28th street Marina 12 year resident. Brown, Leilani From: Wisneski, Brenda Sent: Thursday, October 03, 2013 7:44 AM To: Brown, Leilani; McDonald, Cristal Subject: FW: Woody's Wharf Public correspondence for distribution. Thanks From: Buzz Person [mailia:lIut z (xt zpgc, cc7tnj Sent. Thursday, October 03, 2013 3:06 AM To: Dept - City Council Cc: Kiff, Dave; Wisneski, Brenda; Brandt, Kim; Harp, Aaron Subject: Woody's Wharf Dear Mayor Curry and members of the City Council, I am in Europe until October 12, 2013, and will not be able to attend your next meeting, at which time the above application comes before you. I want to go on record as being absolutely opposed to the modifications of conditions allowed by the Planning Commission last month, l believe that it is not good planning to permit expansion of any uses in the Cannery Village/McFadden Wharf area, in view of what I believe the City's policy of encouraging mixed use residential /commercial in these areas. This Policy is not only indicated in your General Plan and Zoning Ordinances, but has been implemented by both you and the Planning Commission in permitting many projects of a mixed use character over the past 25 years, including my building which I built in 1990. This is especially significant in view of the new project being constructed on the old South Coast Shipyard site. I encourage you to apply common sense to the area and adopt a notion that the maintenance of the status quo, in terms of late night activity, is the best approach to this and any other similar applications. I again state that I am cognizant that living in a mixed use area by definition will cause some inconvenience or annoyance from commercial uses and I, like most of my neighbors, are willing to accept that. It's when such uses get out of balance that problems occur. By denying this expansion, I believe you will be insuring that the balance is maintained. Thank you for your consideration. Regards, James C. 'Buzz" Person Attorney at Law 507 29th Street Suite A Newport Beach, CA 92663 Telephone: (949) 673 -9201 No Facsimile email: burzla v d buzzperson.com, Brown, Leilani From: Wsneski, Brenda Sent: Thursday, October 03, 2013 7:46 AM To: Brown, Leilani; McDonald, Cristal Subject: FW: Woody Wharf - City Council Hearing 10/8/13 Here is another. From: Martin Potts [mlto po> y mp ssoc_gorn] Sent: Thursday, October 03, 2013 6:12 AM To: Wisneski, Brenda Cc: 'Mark Serventi'; 'gregjamespappas @yahoo.com' Subject: Woody Wharf - City Council Hearing 10/8/13 Brenda. As we clear neNf wcck's City Council hearing orr the aplaeat. on behalf of Woody's Wharf, we would appreciate the following ry C' lerks oil-ice. Could NW ask you to get dris to the Clerk? If at at possible, please include this as pare ofyonr Council pi eseniatiori Tuesday everning. If that cannot happen, it will certainly be included in outs. Ihanks Brenda, While the Planning Commission approved Woody's Wharf outdoor patio until 2am on Friday and Saturday nights, Woody's is requesting that in addition to that which was approved by the Commission, the outdoor patio be allowed to remain open to 2am on Thursday nights and holidays as well. Holidays are defined as New Years Eve, St. Patrick's Day, Memorial Day, 4th of July, Labor Day, Halloween, Wednesday before Thanksgiving, Christmas Day. Furthermore, to bring further clarity to the applicant's "request ", we prepared the following Use Comparison 'fable summarizing the current entitlement rights allowed by Woody's as compared to our current request, which in part has been approved by the Planning Commission. Use Comparison Table: Characteristic Currently Proposed Variance Restaurant Use Conforming Conforming Unchanged Hours of Operation - Restaurant 11:00 am to 2:00 am 14:00 am to 2:00 am One (1) hour earlier daily Hours of Operation - Patio 11:00 am to 11:00 pm I LOG am to 2:00 am Thursday, Friday &, Saturday & Holidays Three (3) hours 3 days a week, plus a max of S holidays Noise Reduction Patio Cover None Proposed New Patio Cover Live Entertainment - Indoors Pennitted until closing Permitted unt8 closing Unchanged Dancing Allowed by code Allowed by code Unchanged Cover Charge Yes Yes Unchanged Bulkhead Setback Variance Building is Non- conforming Patio cover will be Non- conforming No additional impact Brown, Leilani From: Denys Oberman [dho @obermanassociates.com] Sent: Thursday, October 03, 2013 3:00 PM To: Brown, Leilani Subject: FOR THE PUBLIC RECORD- Request to Deny Woody's Wharf Application to Legalize Nightclub Importance: High Sensitivity: Confidential PLEASE DISTRIBUTE TO THE CITY COUNCIL AND STAFF AND ENTER INTO THE PUBLIC RECORD - -- Mayor and Members of the City Council: We have reviewed the staff reports and Planning Commission recommendation to approve the pending Woody's Wharf application . We request that the Council overturn and Deny the application for the following reasons: 1. This operation has a multiyear history of violations and nuisance impacts, testified to by many residents and evidenced 2. The Police Department has extensive record of problems and incidents associated with this establishment, and has recommended Denial of the application 3. There is an already- existing Concentration of bars in the immediate area, with accompanying history of disorderly conduct and public safety problems 4. This use is incompatible with the adjacent residential and in- development mixed use in the immediate area. Thank you for your consideration . Denys H. Oberman Resident and Community Stakeholder Regards, Denys H. Oberman, CEO " OBERMAN SAutegy OW, mmncio!Advisnr, OBERMAN Strategy and Financial Advisors 2600 Michelson Drive, Suite 1700 Irvine, CA 92612 Tel (949) 476 -0790 Cell (949) 230 -5868 Fax (949) 752 -8935 Email dhogobermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 9491476 -0790 or the electronic address above, to arrange for the return of the document(s) to us. McDonald, Cristal From: Thomas Maoedo [tmacedo @me.com] Sent: Thursday, October 03, 2013 5:23 PM To: Mulvihill, Leonie Subject: Fwd: Woody's Wharf use permit and variance >>»»> »» »> Attn: Leonie Mulvihill, »»»> >>>>>>> I am writing to express my strong opposition to Woody's Wharf obtaining a modification to their use permit allowing them to change the operational characteristics of their existing restaurant. The loud music and noise from their restaurant is more than excessive and negatively impacts the residents of the 2600 and 2700 buildings in the 28th Street Marina. »»»> >>>>>>> Thank you for your attention to my concerns. »» »> >>>>>>> Regards, »»»> »»»> »»»> >>>>>>> Thomas A. Macedo >>>>>>> 2700 Newport Blvd. unit 321, >>>>>>> Newport Beach, »»» 1 McDonald, Cristal From: Jim Wang Dimchw @gmail.comj Sent: Thursday, October 03, 2013 1:47 PM To: Dept - City Council; Kiff, Dave; Harp, Aaron; Mulvihill, Leonie Subject: Woody's Wharf Mayor Curry and Members of the City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Mayor Curry and Members of the City Council I am the owner of 2600 Newport Blvd., Unit # 219 since 1994. My wife and I have moved to live in our condo unit and become residents since my retirement in 2005. We have enjoyed living in this marine environment with mixed residential/business community. While we like very much having the convenience of being able to shop at various commercial units and at the same time living close to the sea, to live near an inconsiderate business neighbor such as Woody's Wharf is rather bothersome. After IOPM on Thursday, Friday and Saturday nights Woody's, in addition to restaurant business, allows dancing, loud music playing, and the patio becomes an extension of their bar (illegally). The noise of the crowd roar and yelling into the late night hours greatly disturb the peace at night. While we are already disturbed by the noise generated daily at night by its current operation it, Woody's application to legalize the late night/nightclub operation until 2AM to legally allow dancing, and to increase the occupancy level will greatly aggravate the already undesirable situation. Moreover, if this application is approved, there will be more crimes, more drunks, more noise, and further degradation of our area. Our area has already suffered from an over proliferation of bars and nightclubs. We shouldn't have to endure another nightclub. Woody's has a history of not abiding by the code regulations, as is evident by the number of complaints against them over the years that the police and the City in general have to deal with. Loud music and noise coming from Woody's continue past midnight has already interfered with the peace and quietness at night for the residents living in the neighborhood. While the mixed community affords mutual benefits to residents and businesses, it will only succeed if mutual respect of each other is honored. Woody's has so far shown no respect for its resident neighbors, as it focuses only on its own business profit to dominate the neighborhood. I hope you will help us to have the city to enforce the existing regulation by maintaining a peaceful environment for the neighboring residents. We urge you and the members of the City Council to disapprove the application. Sincerely, Dr. Jim Wang Emeritus Professor University Of Utah 1 McDonald, Cristal From: K. Stoddard [kstoddard1 @roadrunner.coml Sent: Thursday, October 03, 2013 1:14 PM To: Dept - City Council; Kiff, Dave; Harp, Aaron; Mulvihill, Leonie Subject: Woody's Wharf Appeal and Application v�na1�1n ZgTH STREET MINA ©EK®®EK HOMEOWNERS' ASSOCIATION NEWPORT BEACH October 3, 2013 Mayor Curry and Members of the City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Mayor Curry and Members of the City Council: I am writing on behalf of our thirty -five unit 28th Street Marina Homeowners' Association at 2600 and 2700 Newport Blvd. We are opposed to Woody's Wharfs application to legalize its nightclub operation, to change its bay front patio closing time to 2AM, to remove tables and chairs from its patio, to have dancing, and to increase its maximum occupancy level. Approval of this application will result in a further degradation of our already severely impacted Mixed Use area. On September 5, 2013, to our shock and amazement, the Planning Commission approved virtually everything in Woody's application! In doing so, the Planning Commission: • Contradicted its own ruling of November 8, 2012. • Ignored the City Staff Report that recommended denial of dancing. • Ignored the Police Department's Report, ignored the excessive number of Police calls at Woody's, ignored the crime statistics and ignored the Police Department's recommendation that the application be denied. • Ignored all letters, emails and testimony from the public urging denial of the application. • Ignored a request from Jerry Conrad urging denial of the application. Mr. Conrad is a principal partner in the investment group that is currently developing the $100M Newport Bay Marina project with 27 residential units next door to Woody's. • Rewarded Woody's for years of flagrantly and deliberately violating City Permit Conditions, City Ordinances and its ABC License. • Sent a message to other bars in the City that you can operate as you wish irrespective of any restrictions and, in the end, the City may ignore your behavior and legalize your operation. • Sent a message to the residents that business is more important than quality of life and that there need not be any balance in a Mixed Use area. During the Planning Commission Meeting of September 5, 2013, Vice - Chairman Tucker correctly stated that under the revised General Plan and with the increased number of residences in this Mixed Use area that allowing another nightclub ( Woody's) is not an appropriate land use. Planning Commission Chairman Hillgren's statements during the same meeting indicated he did not know that Woody's does not have a Cafe Dance Permit, that Cafe Dance Permits and Live Entertainment Permits are two separate permits, or that permits are obtained from the City Revenue Department! The Chairman's lack of knowledge and preparation were shocking. The Planning Commission ignored the Police Department's report and recommendation. It was found on page 87 of the Staff Report. It is unusual for a city to ignore crime information and recommendations from its own Police Department. Why is this happening in Newport Beach? The Police Report stated that Woody's, "...has exhibited a blatant pattern of violations" of its permit conditions. The Police Department responded to 157 calls at Woody's between January 1, 2012 and July 22, 2013. They included 32 fights, 23 disturbances, 12 drunks and 5 drunk drivers. These are extremely high numbers and they are evidence that Woody's is operating primarily as a bar and nightclub and not as a restaurant. Recently, a female patron attacked and bit a Woody's employee after he seized her altered ID. Restaurants do not generate calls of this type or number. The Police Report provided to City Staff states, "...a significant amount of police resources were utilized to address [these] incidents... the combination of live entertainment and dancing often lead to a nightclub type business model... these types of operations can become a drain on police resources and ultimately have a negative impact on the health, safety and welfare of the community." The crime rate in the area of Woody's Wharf is at least 203% higher than any other area of the City. The Police Department does not recommend approval of this application. We have seen Woody's waiters serving trays of drinks to people on boats at their boat docks, to people standing on their boat docks, and to people standing on the exterior walkway along the south side of their building. We have previously seen Woody's waiters using a small rubber boat to deliver trays of drinks to boats in the middle of the channel. These activities are all violations of Woody's Alcohol Beverage Control License. Further, NBMC Section 20.48.090 B.1.a.iii states that alcohol cannot be sold or served "to persons in watercraft." On October 2, 2013, a Woody's employee told us that the absolute latest we could be seated for dinner was at 8:45PM and that we would have to make reservations to do so and then she would notify the chef. She said there is never any food service, not even appetizers, after 10PM because the kitchen is closed. Woody's serves only alcohol after 10PM nightly. This violates Woody's Type 47 (restaurant) ABC License which requires that food be served at all times. Woody's is aware of this requirement and apparently chooses to ignore it. Newport Beach accounts for only 2.78% of the County's population but has 4.35% of the County's Alcohol Beverage Control Licenses. Newport's total of 261 ABC licenses is 48% higher than the Orange County city average. The immediate area where Woody's is located has 72 ABC Licenses which equates to 1 for every 44 residents! Since we purchased our homes, the City has allowed a number of businesses and restaurants in our Mixed Use area to become bars and nightclubs. This has resulted in an over - concentration of ABC licensed establishments and the area has declined significantly. It is no longer in compliance with the General Plan... it is no longer "highly livable for the residents." F1 Woody's management knowingly and flagrantly operates Woody's in violation of City Permits and Ordinances. These continual violations are well documented. Woody's also routinely violates its ABC License, Further, Woody's operator Greg Pappas has admitted that Woody's is a nightclub and has adamantly stated, "We have no intention of changing the way we currently operate." Woody's is not a good neighbor nor does it have responsible operators. Over the past six years, we have called the Police Department many times regarding Woody's violations. The PD responds, documents the violations and passes the information on to City Code Enforcement for action. We have also contacted City Code Enforcement many times and have met with them on several occasions. unfortunately, there has been only weak and inconsistent enforcement by the City... and then a total cessation of enforcement over a year ago. Because of this, most of us believe it is pointless to continue to call and, out of frustration, we have stopped calling. Do not make the assumption that no calls mean Woody's is now miraculously abiding by its permit conditions. It is not. Regardless of any sound survey results, it is a fact that when the ambient noise level is low, we often hear Woody's bay front patio crowd noise and yelling in our home almost four blocks away. At midnight (one hour after the required patio closing time) on Thursday, September 19, 2013, Woody's patio noise was so loud that we almost called the police but, again, because the City does not enforce Woody's permit violations, we saw no point in doing so. Woody's has been dragging out this application and appeal process for years—during which it continues to operate as it wishes with no apparent consequences. This has to stop! The City Council has the power and the responsibility to stop the downward slide of our area caused by too many bars and nightclubs. We appeal to you to reverse the recent Planning Commission's decision that defied logic and reason. Then, please support the residents and the Police Department and completely deny Woody's application. Require Woody's to operate as a restaurant in compliance with its use Permit and its Type 47 (restaurant) ABC License and restore its patio closing time to the original 10PM nightly—or, since you have justification, revoke Woody's Outdoor Dining Permit and Live Entertainment Permit. To do otherwise will be to reward Woody's for its flagrant, long term pattern of deliberate City Permit, City Ordinance and ABC violations... and for its disregard for the City and for the nearby residents. Finally, firm and consistent enforcement will be necessary to make Woody's comply with its permit conditions and ABC regulations. This point is crucial. Without firm, consistent enforcement, Woody's will simply do what it has always done... it will continue to operate as it wishes, ignoring all restrictions, and expecting that there will be few, if any, consequences. Sincerely, Kent Stoddard 28"' Street Marina Homeowners' Association 2600 & 2700 Newport Blvd. Newport Beach, CA 92663 3 McDonald, Cristal From: Roger Etherington [thepiasticman60 @gmail.com] Sent: Thursday, October 03, 2013 10:51 AM To: Dept - City Council; Kiff, Dave; Harp, Aaron; Mulvihill, Leonie Subject: Woodys Wharf Use Permit and Variance Appeal. To: Members of the Newport Beach City Council: Respectfully ... if it Looks like a Nightclub, Sounds like a Nightclub and Acts like a nightclub ... then it I5 a Nightclub. Please cast your vote to continue Woody's permitted operation, as a valued local Restaurant and hopefully a good neighbor. Thank you for your consideration, Roger & Barbara Etherington. 2700 Newport Boulevard, unit 222, [Previously sent e-mail on September 4th, 2013], Subject: Planning Commission meeting: Woody's Wharf Use permit and Variance. To: The Mayor & members of the City Council: Copy: Members of the Planning Commission: Regarding: " Woody's Wharf Use permit and Variance.' Project File No.: PA2011 -055 In 1965, I arrived in Newport Beach with my young family, directly from the U.K. & have lived in this beautiful city ever since. During these past 48 years we have always been impressed with the management of the city, led by the multiple Mayors & Council persons who have served ... even when confronting very contentious issues, the citizens have been listened to & these confrontations have been mutually resolved. My wife & I moved to the 28th Street Marina, from our family home in Harbor Highlands in late 1992, so we were one of the original residents of this new condominium complex. I served as President of the HOA for the first 10 years & interacted with the City during our major reconstruction project. I also oversaw the negotiations regarding noise & trash issues with the neighboring business, El Ranchito & McDonalds restaurants and Cassidys' Bar. These issues were all resolved amicably & those businesses have been model neighbors over the intervening years. The situation regarding Waody's Wharf restaurant, unfortunately has been another story entirely. Woody's has long been regarded as one of the best restaurants on the peninsula & we have dined there many, many times. The early evening entertainment with musicians & karaoke singing from the small interior stage, has also been part of the peninsula scene. However the problem has been that Woody's has operated progressively in violation of its operating permit & city regulation, both in regard to noise levels & its hours of operation. All seemingly in total disregard of the pertinent city ordinances, a situation that stands in stark contrast to our other neighboring businesses. We have never fully understood how Woody's has managed to operate in continuing violation, seemingly with impunity. Now Woody'v Wharf is seeking approval from the city to change its mode of operation; from what has traditionally been a Restaurant, with limited internal entertainment, to essentially operation as a full - fledged Night Club utilizing its open external area, while providing dining and snacks!! ... Operating under new use permits and relevant ordinances, which I am convinced from their post behavior, would also be likely ignored. We plead with the City Council and its Planning Commission to reject this new application in totality. We have not seem fit to contact the city directly regarding this issue, as we believed it was most appropriate for it to be handled by our BOT) sub - committee representatives ... but that does not mean that we ore persona //y uninterested by this issue, as it does directly affect our lifestyle & the reasons that we have settled here. Sincerely, Roger & Barbara Etherington. Unit 222, 2700 Newport Boulevard, Newport Beach. 92663. Cell: <714> 606 -5469. N McDonald, Cristal From: Brown, Leilani Sent: Friday, October 04, 2013 9:44 AM To: McDonald, Cristal Subject: Fwd: Inaccurate staff report. Categories: COUNCIL Leilani L Srown, MMC City Clerk City of Newport Seaeb - - - - - - -- Original message -- - - - - -- From: "Kiff, Dave" <DKiff(a),newoortbeaehca.gov> Date: 1010412013 9:41 AM {GMT - 08:00} To: `Dennis Halloran' <hallorandennis(&wnail.com> Subject: RE: Inaccurate staff report. Thank you - I will let them know and add your comments to the record. Dave From: Dennis Halloran [ mailto :hallorandgnnisCcDgmail.com] Sent: Friday, October 04, 2023 9:28 AM To: Kiff, Dave Subject: Inaccurate staff report. Although I brought this up at the planning commission when they addressed Woody's appeal, you should be aware that in the Audio engineers report and thus the staff report there was an indication that the nearest residences North and South were 100 to 200 feet away. A simple walk of the property that I took today, indicates that the nearest residence to the North, 2408 -10 is less than 75 feet and the residences being constructed to the South are less than 50 feet from direct noise from people standing in line late at night and the soon to be only place for smokers to smoke outside the soon to be enclosed Woody's. This obviously invalidates the veracity of any sound studies by the city and Woody's. Please alert the council of this discrepancy. McDonald, Cristal From: Sent: To: Subject: Attachments: Leilani 1. Brown, MMC City Clerk City of Newport Beach Brown, Leilani Friday, October 04, 2013 10:09 AM McDonald, Cristal Fwd: Woody's Wharf Woodys' Wharf doc.docx -- - - - - -- Original message -- - - - - -- From: "Kill, Dave" <DKiffna newportbeacbca.gov> Date: 10/04(2013 10:02 AM (GMT - 08:00) To: 'Brown, Leilani" <LSrown(a)newportbeachca.eov> Subject: Woody "s Wharf From: Joe reiss [mailto:ireiss0C&gmail.coml Sent: Friday, October 04, 2013 9:59 AM To: Dept - City Council; Kiff, Dave Subject: Fwd: Mayor Curry and City Council Members, Could you please include the attached document for the Woody's Wharf appeal at the City Council meeting on October 8, 2013. . Thank you, Joe Reiss October, 4, 2013 Mayor Keith Curry and Members of the City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Mayor Curry and City Council Members, Recently, I became aware of a decision by the Planning Commission to allow Woody's Wharf to take on the characteristics of a night club instead of being the restaurant they are supposed to be. This is very disappointing to myself and other residents who live in the area who have been working close with the City to improve the quality of life in our community. The decision by the Planning Commission was a step backwards in my opinion for the following reasons; MIXED -USE DISTRICTS MIXED USE VERTICAL MU -V impact on -site residential units are.prohibited Sites may also be developed exclusively for retail or office uses in accordance with the CN, CC, CG, or CO -G designations. Mixed -Use buildings: floor area to land ratio of 1.5; where a minimum floor area to land ratio of 0.35 and maximum of 0.5 shall be used for nonresidential purposes and a maximum of 1.0 for residential. Nonresidential buildings: floor area to land area ratio of 0.75. Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity Mixed -Use Horizontal 4 MU -H4 commercial buildings shall be required on parcels at street intersections and are permissible, but not required, on other parcels. Mixed -Use Buildings: floor area to land area ratio of 1.5, where a minimum floor area to land area ratio of 0.25 and maximum 0.5 shall be used for retail uses and maximum of 1.0 for residential. Commercial only: floor area to land area ratio of 0.5. Multi - Family Residential only:20.1 -26.7 units per net acre. 20.52.020 Conditional Use Permits and Minor Use Permits. A. Purpose. A conditional use permit or minor use permit provides a process for reviewing uses and associated operational characteristics that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. B. Applicability. A conditional use permit or a minor use permit is required to allow certain uses in residential and nonresidential zoning districts identified by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). Also see Section 20.52.030 for conditional use permits in residential zoning districts. 1. The use is consistent with the General Plan and any appYtcable specific plan;: G. Post - Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a conditional use permit or minor use permit application. (Ord. 2010 -21 § 1 (Exh. A)(part), 2010) 20.52.030 Conditional Use Permits in Residential Zoning Districts. A. Purpose. The purpose of this section is as follows: Thank you for reviewing my concerns. I ask that you reverse the Planning Commission's decision and require Woody's Wharf to follow their existing Conditional Use Permit. Joe Reiss Resident of Newport Beach McDonald, Cristal From: Brown, Leilani Sent: Friday, October 04, 2013 4:35 PM To: McDonald, Cristal Subject: FW: Woody's Wharf 'Leilani I. Brown, MMC City Clerk City of Newport Beach -- - - - - -- Original message - - - - -- From: "Kill, Dave" <DKiff ,newportbeachca.eov> Date: 10/04/2013 3:23 PM (GMT- 03:00) To: "Brown, Leilani" <LBrown@newportbeachca.gov> Subject: FW: Woody's Wharf For the record. From: M Stoddard rmailto:twanonrevsCayahoo.com] Sent: Friday, October 04, 2013 3:23 PM To: Dept - City Council; Kiff, Dave; Harp, Aaron; Mulvihill, Leonie Subject: Woody's Wharf Dear Council Members: As a local resident, I ask you to overturn the Planning Commission's appalling decision of September 5, 2013, and deny Woody's application. Woody's is operating as a nightclub and the area is overrun with nightclubs and bars. Further, Woody's routinely violates its Outdoor Dining Permit and its Live Entertainment Permit by refusing to stop using its patio at 11 PM Sunday through Thursday or at midnight on Friday and Saturday. They use it until their 2 AM closing time. Because of the repeated violations of these two permits, the permits should be revoked. Woody's also has dancing several nights each week even though it does not have the required City Dance Permit. Everyone knows this and yet no action is taken. Why? An establishment like this, that has shown no intention of abiding by City Ordinances or its current Permit Conditions should certainly not be rewarded for its misdeeds by now having its nightclub operation legalized. Please require that Woody's operate like the restaurant it used to be when Woody was alive. The current operators do not care about serving good food to the residents of our beautiful Newport Beach, nor do they care if they run down our neighborhoods with drunks. They only care about making money. They have slapped you City Council Members in the face repeatedly by not adhering to their City Use Permits. Please overturn the Planning Commission's decision and deny Woody's application to legalize its nightclub operation. Thank you. E. Humpert Newport Beach Resident Ailt 4ii1,i AFTER AIJk"11DA Brown, Leilani` From: Wetherholt, Drew [ Drew. Wetherholt @marcusmillichap.comj Sent: Tuesday, October 08, 2013 1:50 PM To: Dept - City Council; Kiff, Dave Cc: Brown, Leilani Subject: WOODY'S WHARF USE PERMIT APPEAL - 2318 NEWPORT BOULEVARD - USE PERMIT NO. UP2011 -010 AND VARIANCE NO. VA2013 -006 (PA2011 -055 Woody's Warf Appeal, Newport Beach/ September 6, 2013 Attachments: photot.jpg; photo2.jpg; photo3.jpg Mayor Curry & City Council Members: I am writing you to express my opposition of Woody's Wharfs requested changes in its operational characteristics that change this operation into more of a nightclub. I would request that you reverse the Planning Commission's actions of September 5, 2013, and fully deny Woody's application. Dancing and extending the hours of the outdoor dining area (basically turning this area into a bar at the late hours) to 2AM at this location will only continue to create more problems. This area clearly does not need continued intensification of problematic bars let alone a problematic nightclub -style bar /restaurant. It has been clearly illustrated that Woody's continues to be in violation with the City and is a drain on police services. This type of use is incompatible with the General Plan for the area and will only continue to be more incompatible with the area as the Peninsula continues to redevelop. it seems that Wood)'s Wharf's business model is becoming very dated, just like their building, and they are perhaps trying to revive their "profit" by increasing alcohol sales and allowing dancing. The problem with this is their "profit" comes off the backs of both the residents and the community with the associated negative impacts attributed to this type of operation. Woody's is supposed to be a restaurant with a bar; not a bar with a nightclubl I would encourage the operators to make a better restaurant and NOT a bar /nightclub! A perfect illustration would be the Cannery Restaurant. This restaurant rebuilt from the Western Canners Company is 1973 into a waterfront restaurant. The owners only continue to improve the restaurant operations with the best operators /restaurateurs and have significantly remodeled the property. The Cannery has a bar but it isn't the problem that Woody's has become. The Cannery has changed with the times and Woody's has not. And judging from the appearance of Woody's, it doesn't appear to have been remodeled since the'70s with its "rock- lava" roof! The Cannery is a successful restaurant that also closes no later than 11PM. Woody's answers to their economic concerns and profit is NOT more alcohol and dancing to the detriment of the Peninsula. Please see my emails below to City staff and others regarding the negative impacts of the related alcohol problems within our District. Thank you for your consideration! Drew Wetherholt Newport Beach Resident From: Wetherholt, Drew Sent: Tuesday, September 10, 2013 2:10 PM To: 'dkiff @city.newport- beach.ca.us'; Henn, Michael (mhenn @newportbeachca.gov) Cc: 'jjohnson @nbpd.org' (jjohnson @nbpd.org); 'bhillgren @highrhodes.com'; 'ameri @rbf.com'; 'jaymyers5 @cox.net'; 'korykramer @gmail.com'; 'ray.lawler @hines,com'; 'tucker @gtpcenters.com'; 'tim- brown @sbcglobal.net'; ' CityCouncil @newportbeachca.gov'; 'kbrandt @newportbeachca.gov' Subject: Car vs Pedestrian- 30th /Newport 9/8/13 Woody's Warf Appeal, Newport Beach / September 6, 2013 Dave & Mike: I was very disappointed to see the Planning Commission grant basically full approval of the woody's application including extension of hours to 2AM, the 5) "allowing patron dancing within the interior of the restaurant and 6) allow removal of tables & chairs within the outdoor dining area after 10PM on Friday and Saturday. The Planning Commission gave Woody's everything they wanted and went against the both the police department and some of the planning department's recommendations. The Planning Commission has basically created a full- fledged nightclub and generously rewarded a problematic operator that has been in violation for a very long time with NO regard for the police department, planning department or the community? Despite the policing problem that Woody's already is, this type of use is incompatible with the General Plan for this area. Woody's has been well- documented to be a bad neighbor and this is not a compatible with the future plans for this part of Newport Beach. While it seems obvious that the City is afraid of a lawsuits from these operators, the City needs to start supporting the residents and make the right decisions for the overall community. Next door to Woody's the City has allowed a $100 million residential /commercial project that is currently being developed and now the City is allowing a nightclub directly adjacent to this project? I would expect that this developer is not very pleased as this will negatively impact his project and the future residents of this project. How does this make any logical sense to the Planning Commission? Why does the Planning Department and Planning Commission continue to support bar intensification over the Police Department and the community's objections? When was the last time any of the planning staff and /or Planning Commissioners have actually been in District 15 between 12 -2AM to observed the problems of Rudy's, Malarky's, Brew Co, Cassidy's, American Junkie, Woody's etc.? Have you seen what happens when we have too many intoxicated patrons roaming around at SAM? Sunday night September 8`h at 8:47AM, my wife and I were enjoying the evening on our 3rd floor deck when were shaken by the horrific sound of a vehicle impacting a human body at a speed of 30- 40MPH. We turned to see that a pedestrian had been hit in the intersection of 30th St and Newport Blvd. Her body was sent flying 40 -50 feet from the point of impact. My wife called 911 and I raced down to administer first -aid. She was not moving and was unconscious but she was breathing. Her leg wasn't right. Her two friends were hysterical and 1 was trying to keep them from moving the victim in case she had a spinal injury. Her friends told me her name is Stephanie. Alcohol was involved. The driver of the vehicle that hit her didn't even brake. I have been since told that she suffered multiple fractures and crushed bones. (see attached photos -these are not graphic,) District 15 clearly has a serious alcohol problem. This District has more bars /ABC licenses than anywhere in Orange County. The continued intensification of this use by approved expansions and increased hours certainly isn't going to help matters. This tragic accident only continues to illustrate these problems and the potential deadly consequences. Better police enforcement, code enforcement and engaged City leadership will go a long way in solving these problems. Nobody should have to experience a tragic accident like this. I'm sure Stephanie's life will be forever changed. Unfortunately, given the current saturation of bars and light enforcement aspects in District 15, this type of accident will not be the last. Drew Wetherholt Newport Beach Resident From: Wetherholt, Drew Sent: Wednesday, September 04, 2013 7:30 PM To: 'bhill9ren @hi9hrhodes.com'; 'ameri @rbf.com'; 'jaymyers5 @cox.net ; 'korykramer @gmail.com'; 'ray.lawler @hines.com; 'tucker @gtpcenters.com'; 'tim- brown @sbcglobal.net' Cc: 'dkiff @city.newport- beach.ca.us'; Henn, Michael (mhenn(anewportbea ca.gov); 'Ibrown @newportbeachca.gov'; 2 • ••• fit• : •i • i r Chairman Hillgren & Planning Commissioners: I am strongly opposed to any operational changes that would allow for ony increased bar occupancy, any increased late hours and /or any type of nightclub venue /dancing at the Woody's location. Again, the Peninsula residents find themselves having to defend their neighborhoods against bar operators who flagrantly violate the law due to a lack of proper code enforcement and a lack of willingness by certain City leadership to limit and /or control these abusive operators /establishments. Because the City has either ignored or failed to enforce the in -place codes, the City now seems afraid of lawsuits from this operator and seems to "coddle" this operator rather than firmly enforcing the codes and /or laws, is it appropriate to "reward" an operator when the operator refuses to abide by the current codes and is a significant problem to both the community and the police department? Why is it that the planning department continues to "support/recommend" problematic bars /establishments despite disapproval from both the police department and the community? This area already has a significant problem with the bars and the related alcohol problems including excessive amounts of police calls for service, fights, public drunkenness, crime and property damage. There are already too many bars in this area and the bar patrons tend roam from establishment to establishment often creating a path destruction of rowdiness /screaming, puke, public urination, sex, fights, crime and property damage. Planning Commissioners, I invite you to spend a Thursday, Friday or Saturday night (12 midnight -2AM) to truly experience the problems and negative impacts that this area endures due to the over - concentration of ABC licenses /problematic bars. Take a look at the police calls for service on a Thursday, Friday or Saturday night and ask yourself why is the City allowing this to continue? is this not creating liability for the City? Why isn't there better police and code enforcement? Why do we see "advised /complied" more often than "arrest" or "cited" for all of the alcohol problems ? ?? Why doesn't both the City and NBPD start sending a message - "enjoy Newport but drink responsibly" or be cited and /or arrested? Arrests and citations would go a long way in making this message clear. And the City certainly does NOT need to add to the problem! Simply put, Woody's is supposed to be a restaurant, not a nightclub. Do any of you remember all of the community and policing problems that Bacchus and the Thunderbird nightclub brought to the Lido Village? The City shut it down due to frequent complaints of noise, fights and public drunkenness. Countless hours were spent by the city attorney's office, the NBPD and the residents dealing with this problem operator. The NBPD continues having problems keeping up with the alcohol related problems on the Peninsula as the calls- for - service are ridiculously high when compared to any other part of the City! We certainly do not need to create another problematic bar or nightclub. Please support our fine police officers and do not create yet another problem on the Peninsula for both the residents and police The Peninsula is now finally experiencing some significant redevelopment that will benefit both the City, the residents and visitors. Some of these projects include the redevelopment of the Pavilions Center, the approval of a hotel at the old City Hall site, approvals of the Marina Park & Sunset Ridge Park, the Balboa Village Revitalization /the ExplorOcean Center, and the new redevelopments of the Newport Bay Marina Complex, Lido Village and 3368 Via Lido (residential /commercial). The 4'" of July is finally becoming more enjoyable and under control due to the outstanding efforts of the residents, police and certain city leaders. LUGO and the " 0 is for Families Parade" are great successes. Extending the hours and creating a larger problematic bar /nightclub does nothing for our community. Please listen to the community and the police department to deny this application. Another problematic bar expansion and /or night club is wrong and negative for the community, public safety and for the quality of life on the Peninsula! The Peninsula already has the highest incidents of DUls and alcohol related problems. Let's continue to make the Peninsula a better place! Thank you for your consideration! Sincerely, Drew Wetherholt Newport Beach Resident Brown, Leilani From: robert rush [rrush @usrealtygroup.com] Sent: Tuesday, October 08, 2013 12:54 PM To: Brown, Leilani Subject: City Council should deny Woody Wharfs application that would legalize its nightclub operation. Leilani Please include this letter in tonight's package if possible. Thanks Bob Rush From: robert rush [mailto:rrush(a)usrealtvgrgMp com] Sent: Tuesday, October 08, 2013 12:35 PM To: 'MHenn @NewportBeachCa.gov'; 'RHill @NewportBeachCa.gov'; 'EdSelich @roadrunner.com'; 'curryk @pfm.com'; 'tpetros @newportbeachca.gov'; 'Leslie Daigle'; 'ngardner @newportbeachca.gov' Cc: 'BHillgren @HighRhodes.com'; 'korykramer @gmail.com'; 'tucker @gtpcenters.com'; 'jaymyers5 @cox.nef; 'ray.lawler @hines.com'; 'tim- brown @sbcglobal.net; 'ameri @rbf.com'; 'KBrandt @newportbeachca.gov'; 'bwlsneskl @newportbeachca.gov'; 'j ohnson @nbpd.org' Subject: City Council should deny Woody Wharfs application that would legalize its nightclub operation. Mayor Curry and City Council: Because I am unable to attend the City Council meeting tonight, as an affected long -term resident here in West Newport, it is necessary that I send this email reflecting my position on tonight's City Council Meeting agenda item regarding the Woody's Wharf Expansion. I oppose the Woody's Wharf application to legalize a nightclub, change the patio configuration and extend operation hours until 2:00am and increase occupancy. I believe the Newport Beach City Council should NOTAPPROVE this expansion for the following: 1 —The Woody's Wharf was originally approved /permitted as a restaurant but has been inappropriately operated over the years as quasi night club because of insufficient attention by the City with its Building, Planning and Code Enforcement Departments. 2 —The unmitigated sound and "other negative" impacts to the surrounding residential area of the "Triangle" (in which Woody's sits in the middle of) parallels the same debate that occurred during the 1980's and 1990's between the Mariner's Mile bars and restaurants affecting the Lido Island Residents, thereby infringing on their quiet enjoyment. To treat West Newport residents with any less consideration given to those affected by problems that emanated from the" The Mile" back then - it would not be appropriate or fair to our West Newport community and it residents by allowing Woody's expansion today. 3 — Due to extent of problems arising from the "Triangle," as well as, from Woody's Wharf specifically, the Newport Police Department has strongly recommended against any such expansion and their recommendation should (have been) be taken as a priority consideration. I hope you will consider my comments above in arriving at a decision not to allow expansion. Thank you. Sincerely, Bob Robert Rush 5205 River Avenue Newport Beach, CA 92663 949 -645 -2977 (tel)* 949- 645 -2978 (fax) "RECEIVED AFTER AGEMA Brown, Leilani f "13 From: cynthia koller [gracenbl @yahoo.com] Sent: Monday, October 07, 2013 4:24 PM To: Curry, Keith; Daigle, Leslie; Nancy Gardner; Mike Henn; Petros, Tony; Selich, Edward; Hill, Rush; Kiff, Dave; Brown, Leilani Subject: Woodys Wharf bar expansion Mayor, Council, City Clerk and City Manager City of Newport Beach 100 Civic Center Drive Newport Beach, Ca For the record: Mayor Curry and Members of the City Council: I would encourage you to support the residents and Mike Henn and vote NO on the bar expansion request by Woody's Wharf, The residents of the Peninsula for the last 10 years have worked tirelessly and invested much time and money working with the City and the Police Department to improve the quality of life for our families and our children and we are tired of the constant barrage of loud, cursing groups of drunks wondering through our neighborhoods late at night using our properties for restrooms, and our streets for fighting and meeting areas for cabs pick ups. The cabs drivers are well aware, if they blast rock music when they show up for these drunks, their tip will be substantially more, so the residents are awoken to the loud thumping of rock music while the drunks pile in and decided where to go next. It is evident the Peninsula is sorely lacking in code enforcement, approval would just add another drain. on our city services which are already stretched due to budget constraints. It also puts the burden on the backs of the residents while creating more nuisances and safety issues. In just the last few weeks we have had at least two night pedestrian vs vehicle incidents. I was told a resident who was one of the first at the scene of the accident in front of Jack's that it was a fatality. We never saw any news of this incident in the press. The planning commissions approval was a slap in the face to the residents quality of life, the staff recommendations, the PD recommendations, the general plan and the work of so many residents and businesses trying to revitalize the most neglected area of Newport. A vote to make this a nightclub would set a precedent for all other clubs wanting to do the same in this area. One other fact I would like to bring to your attention in considering this use expansion, the party buses: http: / /www.partybushb.com/ and http: / /Partybushb.com/ These websites above show how these buses drop the drunk party clients off EVERY TWO HOURS next to Cassidy's bar where they all disperse. At first there was just the Huntington Beach party bus going back and forth every Friday and Saturday night but now they have expanded to include Thursday nights and the route from Triangle Square. So not only are we getting all the drunks from Huntington Beach we now have them dropped off from the Costa Mesa area. I would encourage you to view these websites and decide for yourself if this is what your vision is for the "jewel" of Newport. Please help us continue to improve our quality of life and make OUR area safer and more peaceful for the residents and our visiting tourist as well. I can't imagine this would even be an issue in any other part of our city. Respectfully, Cindy Koller West Newport Brown, Leilani From: Harp, Aaron Sent: Tuesday, October 08, 2013 6:34 AM To: Brown, Leilani Cc: Brandt, Kim Subject: FW: Woody's Wharf Appeal and Application From: Mike Deschenes [ mailto :mikedCalrampaaeoroducts.net] Sent: Monday, October 07, 2013 4:56 PM To: Dept - City Council; Kiff, Dave; Harp, Aaron; Mulvihill, Leonie Subject: RE: Woody's Wharf Appeal and Application October 7, 2013 Mayor Curry and Members of the City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Mayor Curry and Members of the City Council: As a point of correction, I misunderstood the planning commission recommendation as though it was supported by the council and wish to extend an apology for my earlier correspondence and inappropriate comments regarding your position on this rather sensitive subject. Please take a wide look at the commission recommendations as you consider the self serving Woody's Wharf application on tomorrow's agenda. Regards, Mike Deschenes From: Mike Deschenes [ mailto :miked(o)ramuaaeoroducts.netl Sent: Monday, October 07, 2013 1:29 PM To: 'CityCouncil @newportbeachca.gov'; 'dkiff @newportbeachca.gov'; 'aharp @newportbeachca.gov'; 'Imu Ivih i II @ newportbeachca.gov' Subject: Woody's Wharf Appeal and Application October 7, 2013 Mayor Curry and Members of the City Council City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Mayor Curry and Members of the City Council As a homeowner on 36th Street, I find it appalling that our elected City Council members ignore the well being of local residents as we implore you to maintain some level of restraint when it comes to increasing licensing and permits for businesses that specifically cater the consumption (and over- consumption) of alcohol in our community. Did you really talk with, and listen, to neighbors and representatives of our over - active police department in this recent decision? I am opposed to expanding the current use permit at Woody's Wharf's and approval of their application to legalize its nightclub operation, to change its bay front patio closing time to 2AM, to remove tables and chairs from its patio, to have dancing, and to increase its maximum occupancy level. Approval of this application will result in a further degradation of our already severely impacted Mixed Use area and only serves to escalate the insensitivity of local establishments when it comes to the negative impact their unruly patrons have on the community. Regards, Mike Deschenes 118 36"' Street Newport Beach, CA 92663 Brown, Leilani From: Wisneski, Brenda Sent: Tuesday, October 08, 2013 8:51 AM To: Brown, Leilani Subject: FW: Woodys Wharf - City Council Staff Report For Council distribution. From: Martin Potts [mailto:potts@mpassoc.com] Sent: Tuesday, October 08, 2013 6:27 AM To: Wisneski, Brenda Cc: Mark Serventi; Greg Pappas Subject: Woodys Wharf - City Council Staff Report Brenda, Having just received the Staff Report for tonight's City Council hearing Friday afternoon at 5pm, we are submitting to Staff a few exceptions to the report which we would appreciate be included as part of the Hearing this evening. Many of these conditions were only seen for the first time by Woody's in this Staff Report. All of the changes below are consistent with the Woody's application, findings and/or items previously presented to City staff. Respectfully, please consider these as part of your presentation tonight, We will also be distributing these at the hearing. Section 1. Statement of Facts 10. Please revise. The removal of tables and chairs in the Outdoor Patio has never been "to accommodate patron dancing." That is not part of our request, nor has it ever been. Section 3. Required Findings — Use Permit C -4. Conditions the extended hours of operations with the construction of the patio cover. The noise analysis concludes that the noise emanating from Woody's Wharf is within the City's noise ordinance without the cover. A finding should be made that the noise generated from the outdoor dining patio at Woody's Wharf meets the requirement of the NBMC noise ordinance. Constructing the cover should not be a condition to the approval of the hours of operation. C -5. Woody's should not be required to obtain a Cafe Dance Permit. It does not meet the requirements of a cafe dance as defined by the NBMC. D -2. As written this finding seems to conflict with Pact #8 on written Page 2 of the Staff Report. The Fact is accurate in that removal of tables and chairs will not result increase noise levels. There is no request to increase the occupancy level of the Outdoor Patio. D -3. Dancing will not increase the number of patrons entering and exiting the building. We are required to maintain a specific occupancy level in the restaurant. Please revise this condition. D -4. This should be re -written to correctly state that the glass walls surrounding the existing outdoor dining patio while not entirely effective in minimizing noise complaints, it minimizes the noise to levels allowed within the NBMC noise ordinance. Section 4. Required Findings — Variance C -1. We do not accept "Without the patio cover in place, the outdoor area will be restricted to 11:00 pm, daily." The patio hours should be independent of the patio cover. It remains Woody's intent to construct this patio cover. Conditions of Approval 5. Modify the condition to state: "The Operator License required to be obtained pursuant to Condition No. 3 and Chapter 5.25 may be subject to additional andler mete YeOtri t °° conditions to regulate and control potential late -hour nuisances associated with the operation of the establishment." 9. Modify this condition to eliminate the "'use of the elevated counters ". 19. Add at the end of this condition the following: "...... unless approved as part of the operations under this Use Permit." 28. If the City wants to retain an acoustical engineer, Woody's should not be required to fund the report. 34. Delete this condition. A Cafe Dance permit is not required. 52. As we have stated before, Woody's is accepting of a condition consistent with the requirements of its ABC license. Woody's cannot be subject to a revocation of its Use Permit should they sell one more cocktail than food in any given period. 55. Generic signs, such as "Champagne Brunchf" or "Cocktails ", to cite examples, should be allowed. Please revise this condition accordingly. Thank you Brenda. Martin Potts President MPA, Inc. 4041 MacArthur Boulevard, Suite 490 Newport Beach, CA 92660 Direct: (949) 428 -9642 Office: (949) 719 -1900 Email: pottsCt?�mnassoc.com Website: www.mpassoc.com Brown, 1_eilani =7F--6- - -- From: Jay Myers paymyers5 @cox.net] Sent: Tuesday, October 08, 2013 3:44 PM To: robert rush Cc: Henn, Michael; Hill, Rush; Selich, Edward; Curry, Keith; Petros, Tony; Daigle, Leslie; Gardner, Nancy; Bradley Hillgren; Kory Kramer; Larry Tucker; Ray Lawler; Brown, Tim; Fred Ameri; Brandt, Kim; Wisneski, Brenda; Johnson, Jay; Kiff, Dave; Brown, Leilani Subject: Re: City Council should deny Woody Wharfs application that would legalize its nightclub operation. Denying all requests including the variance would be fine by me. During the two PC hearings, I was struck by how unreliable the operators of Woody' Warf have been since they acquired the business, how tone deaf they have been to community complaints and how lax city enforcement has seemed to have been or perhaps the city's efforts were just ignored. Jay From: robert rush <rrush @usrealtverouo.com> Date: Tue, 8 Oct 2013 15:28:00 -0700 To: Jay Myers <]aymvers5 @cox.net> Cc:'robert rush' <rrush @usrealtveroup.com >, <MHenn @NewportBeachCa.eov >, "Rush Hill, 11" <rhill @newportbeachca.eov >, Ed Selich <edselich @roadrunner.com >, Keith Curry <CURRYKCa@pfm.com >, <tpetros @newportbeachca.eov >, Leslie Daigle <leslieidaigle @aoLcom >, Nancy Gardner <NGardner @NewportBeachCa.gov >, Commissioner Brad Hillgren <bhilleren @hiahrhodes.com >, <korvkramer@ fmail.com >, Commissioner Larry Tucker <tucker @atpcenters.com >, Jay Myers <iavmvers5@cox.net >, Commissioner Ray Lawler <ray.lawler @hines.com >, "Commissioner Tim, Brown" <tim -brown @sbceloba1.net >, Commissioner Fred Ameri <ameri @rbf.com >, Kimberly Brandt <kbrandt @newportbeachca.gov >, Brenda Wisneski <BWisneski@newportbeachca.eov >, <iiohnson @nbpd.ore>, "'Kiff, Dave "' <DKiff @newportbeachca.eov >, "Clerks Office Newport Beach, City of" <lbrown @newportbeachca.gov> Subject: RE: City Council should deny Woody Wharf's application that would legalize its nightclub operation. Dear Jay I understand your view, but we can only look to our past experience to get an idea as to the future behaviors. Clearly the NBPD has their finger closer to the pulse than any of us and they have asked not to approve such an expansion. There's been a long documented history of noise /disturbance problems from the Triangle. Under an approval, Use would be intensified therefore noise, smoking and other problems would be intensified .... So why would we do anything to facilitate that continuance? We should repeat what was done for "The Mile" years ago — Dial down intensification, put Residents first and fairly treat those "deserving" businesses thereafter. Thank you for your consideration. Sincerely, Bob Robert Rush 5205 River Avenue Newport Beach, CA 92663 949 -645 -2977 (tel) *949 -645 -2978 (fax) From: Jay Myers [mailto:iavmyers50cox.net] Sent: Tuesday, October 08, 2013 2:53 PM To: robert rush; Rush Hill, II Cc: MHenn(&NewportBeachCa.aov; Ed Selich; Keith Curry; tpetros(a newportbeachca.aov; Nancy Gardner; Leslie Daigle Subject: Re: City Council should deny Woody Wharfs application that would legalize its nightclub operation. Dear Rush: I agree with you in almost all regards. Along with Larry Tucker, I voted to deny the Woody's CUP as I could not support the finding that the neighborhood would not be negatively impacted by extending hours for use of the patio and officially sanctioned dancing. On the other hand I don't believe there is any harm in allowing Woody's to construct the patio cover by granting the requested variance. This would hold down noise and allow flexibility for use in inclement weather. Whether or not they would build the patio cover without the CUP is unclear. Regards, Jay From: robert rush <rrush @usrealtvgrouy.com> Date: Tue, 8 Oct 2013 12:35:24 -0700 To: <M Henn @ NewportBeachCa.gov>, "Rush Hill, II" <rhill @newportbeachca.gov >, Ed Selich <edselich @roadrunner.com >, Keith Curry <CURRYK @pfm.com >, <tpetros @newportbeachca.go_v >, Leslie Daigle <leslieidaigleC @ aol.com >, Nancy Gardner <NGardner @NewportBeachCa.gov> Cc: Commissioner Brad Hillgren <bhillgren @highrhodes.com >, <korykramer @gmail.com >, Commissioner Larry Tucker <tucker @gtpcenters.com >, Jay Myers <iavmyers5 @cox.net >, Commissioner Ray Lawler <ray.lawler @hines.com >, "Commissioner Tim, Brown" <tim- brown @sbcglobal.net >, Commissioner Fred Ameri <ameri @rbf.com >, Kimberly Brandt <kbrandt @newportbeachca.gov >, Brenda Wisneski <BWisneski @newportbeachca.gov>, <iiohnson@nbyd.org> Subject: City Council should deny Woody Wharf's application that would legalize its nightclub operation. Mayor Curry and City Council: Because I am unable to attend the City Council meeting tonight, as an affected long -term resident here in West Newport, it is necessary that I send this email reflecting my position on tonight's City Council Meeting agenda item regarding the Woody's Wharf Expansion. I oppose the Woody's Wharf application to legalize a nightclub, change the patio configuration and extend operation hours until 2:OOam and increase occupancy. I believe the Newport Beach City Council should NOTAPPROVE this expansion for the following: 1 —The Woody's Wharf was originally approved /permitted as a restaurant but has been inappropriately operated over the years as quasi night club because of insufficient attention by the City with its Building, Planning and Code Enforcement Departments. 2 —The unmitigated sound and "other negative" impacts to the surrounding residential area of the "Triangle" (in which Woody's sits in the middle of) parallels the same debate that occurred during the 1980's and 1990's between the Mariner's Mile bars and restaurants affecting the Lido Island Residents, thereby infringing on their quiet enjoyment. To treat West Newport residents with any less consideration given to those affected by problems that emanated from the" The Mile" back then - it would not be appropriate or fair to our West Newport community and it residents by allowing Woody's expansion today. 3 — Due to extent of problems arising from the "Triangle," as well as, from Woody's Wharf specifically, the Newport Police Department has strongly recommended against any such expansion and their recommendation should (have been) be taken as a priority consideration. I hope you will consider my comments above in arriving at a decision not to allow expansion. Thank you. Sincerely, 190b Robert Rush 5205 River Avenue Newport Beach, CA 92663 949- 645 -2977 (tel) *949- 645 -2978 (fax)