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HomeMy WebLinkAbout15 - Newport Riverboat RestaurantElE�'�gr CITY OF NEWPORT BEACH m PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD «a '' NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item: Staff Person: Appeal Period: REPORT TO THE CITY COUNCIL PROJECT: Newport Riverboat Restaurant 151 East Coast Highway (Clayton Shurley, applicant) March 13, 2001 James Campbell 644 -3210 None PURPOSE OF APPLICATION: A request to permit outdoor dining in conjunction with the operation of an existing full- service restaurant/museum facility. The outdoor dining areas will be located on the stern and bow sections of the boat and will be used for lunch and evening food service, closing at 10:00 p.m. ACTION: Uphold the decision of the Planning Commission to continue Use Permit No. 3684 and extend a temporary use permit authorizing the use subject to limitations. ZONE: RMC, Recreation, Marine Commercial OWNER: Newport Harbor Nautical Museum, Newport Beach Introduction On February 8, 2001, The Planning Commission considered a request by the Newport Riverboat Restaurant to have outdoor dining on the bow and stern decks of the third level floating restaurant/museum. The Commission acted to continue the request to August 9, 2001 and extended a temporary use permit permitting the activity subject to additional conditions. On February 20, 2001, the Linda Isle Community Association filed an appeal of the Planning Commission's action. The appeal is attached as Exhibit No. 1 and it cites increased noise and a loss of privacy resulting in a diminishment of their enjoyment of their property. Discussion The restaurant portion of the boat is approximately 2,600 sq. ft. The main dining room of the restaurant is located on the first level of the boat and a 900 square foot banquet room is located on the third level. The outdoor dining areas will be located on the third or upper level of the boat on the bow and stern . Each deck is 600 -sq. ft. for a total of 1,200 square feet of new net public area. The "bow" deck faces toward the Linda Isle community and the "stern" deck faces toward the East Coast Highway bridge. The applicant would like to utilize the outdoor dining areas for lunch and evening food service, with a closing time of 10:00 p.m. Additionally, events held in conjunction with the restaurant operation, such as weddings, corporate parties and business meetings are proposed on the outdoor decks as well. The banquet room located on the third level (the Texas Deck) and adjacent to the "bow" deck can accommodate up to 150 people. The food buffets are usually located in the banquet room and seating for the dining has been located both inside and outside the banquet room on the decks, pursuant to a temporary use permit. When the live entertainment is performing, it is located within a designated area of the banquet room, pursuant to existing use permit conditions. No amplified, pre- recorded music or live entertainment is proposed for the outdoor areas. No physical changes are to occur within the interior of the restaurant and the applicant proposes no change to the existing hours of operation. Noise An acoustical study was performed in conjunction with the review of the Use Permit pursuant to the Bayfront Restaurant Regulations. The study was performed in early December of 2000 and concluded that the noise from the use was not measurable due to the high ambient noise level from Coast Highway. The study was conducted in the winter and the bow deck was enclosed by a canvas tent with canvas or vinyl siding for weather protection. This fact may have impacted the noise readings. The study author extrapolated the noise measurements to a warm season and concluded that no noise impacts would be generated with the project with proper mitigation. The Commission discussed the feasibility of requiring a second set of doors from the banquet room creating a vestibule. Mama Gina's has a similar vestibule and it significantly reduces noise escaping from the facility. It was believed that adding a vestibule was theoretically possible, but it would reduce the size of the banquet room or it would change the exterior of the riverboat depending upon the location of the second set of doors (interior or exterior). The Planning Commission decided that the vestibule concept was not necessary at this time, as there was no evidence that a noise impact would occur with a proposed 6 -foot high Plexiglas wall surrounding the patio. After further testimony from the public, the Planning Commission believed that there was insufficient information to support permanent approval of the use pem-lit. The Commission felt that a trial period with subsequent monitoring of the activity was the best course of action. Therefore, the Commission continued the use permit and extended a temporary use permit while requiring a 6 -foot high, Plexiglas wall to be installed around both third level decks to be used for dining. Additionally, the operating hours were limited to 7:30PM before the walls are installed and limited to 10:00PM once the walls were in place. Lastly, a new acoustical study was required which would be prepared during the summer. The study will evaluate the effectiveness of the Plexiglas walls and suggest additional mitigation measures, if necessary. Privacy The residents of Linda Isle would prefer that no outdoor dining occur, but they also indicated that if it does occur, it should be limited to the stem deck that faces away from the homes. The proximity of the bow deck places diners and events in closer proximity to Linda Isle home and residents have expressed concerns about the loss of privacy. The boat is approximately 157 feet from the nearest residence and Use Permit No. 3684 March 13, 2001 Page 2 there are 7 homes within 300 feet. Additionally, the third level of the riverboat is slightly higher than the two story residences on Linda Isle. The Plexiglas walls will be transparent and will not provide any visual screening. In order to mitigate the loss of privacy issue, the City Council could further restrict the hours of operation, require that the Plexiglas walls be frosted or otherwise provide screening, or deny the application. Staff has prepared a proximity map (Exhibit No. 4) showing the distances between the riverboat and nearby residences. Recommendation Staff recommends that the City Council uphold the decision of the Planning Commission to continue Use Permit No. 3684 and extend the temporary use permit to August 9, 2001 for the purposes of monitoring the effectiveness of the mitigation measures. The City Council has the option to grant the appeal and deny the project by making the findings for denial contained in the attached Planning Commission staff report. Lastly, the City Council has the option to modify the decision of the Planning Cottunission to approve the applicant's request by adopting the findings and conditions of approval contained in the attached Planning Commission staff report. Submitted by: PATRICIA L. TEMPLE Planning Director Exhibits Prepared by: JAMES CAMPBELL Segior Planner 1. Appeal request from Linda Isle Community Association. 2. Additional comment letters received regarding the appeal. 3. Planning Commission Staff report dated February 8, 2001. 4. Excerpt of minutes from the February 8, 2001 Planning Commission hearing. 5. Proximity map. 6. Comment letters reviewed by the Planning Commission but not included in the Planning Commission February 8, 2001 staff report. Use Permit No. 3684 March 13, 2001 Page 3 THIS PAGE INTENTIONALLY BLANK �f THIS PAGE INTENTIONALLY BLANK CITY OF NEWPORT BEACH I L E Q P Y APPLICATION TO APPEAL DECISION OF THE PLANNING 9QMMI$STON Application • rt ss: f !1 f f Name of Appellant or person.-;filing: x��<<� �' ui� f/ C< Pho0bFICE,0F THE CITY CLERK '7U,J'Vla V;/+ / `&A 'c S, O/LiNY4 S -SLt�' 9 1YYEBP, EW9 $fACli- Address: M 6SO 9, �T, U z- 40 6 73 f -78 0 u vbZ; LSLE N • 6. 9,26G0 Date of Planning Commission decision: 20 D / Regarding application of: for (Description of application filed with Planning Commission) D Reasons for Anneal: ZZ 4 �C.,� rIir d�c� - ?f'�iaC•' -cLP <i ��i�C-4.9_ /�2.�CrCt��1+� �CJ/� ���YGte.�?��J1L? it _Ci1- /CC�TiS..c�C/�+6t',fi?��i d�t�i�l L ,�� LSI� Co 4'j Date Signature of Appellant �?�jyu %�� �5 /'• u) r, 2 0, aoo i 7— zc� —oi CITY CLERK FOR OFFICE USE ONLY a�1 Date Appeal filed and Administrative Fee received: 20 Hearing Date. An appeal shall be scheduled for a hearing before the City Council within thirty (30) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec. 20.95.050) cc: Appellant Planning (Furnish one set of mailing labels for mailing) File APPEALS: Municipal Code Sec. 20.95.0406 Appeal Fee: $287 pursuant to Resoiution No. 2000 -59 adopted on 6 -27 -00 (eff. 7/1/00) (Deposit funds with Cashier in Account #2700 -5000) W `JY February 17, 2001 RECEIVED Councilmember Steven Bromberg City Council of the City of Newport Beach RE: Riverboat Promoter's CUP 3681, Request for Outdoor Dining 'Ol FEB 20 A10 :13 Dear Mr. Bromberg: I am writing o protest the decision made the planning commission on 2/8 re the Rive tF41` OF THE CITY EACH g P �' P g r�T�ftrfiEWPORT BEACH The commission delayed a final decision until 8 /9/01 but in the interim the promoters may have outdoor dining on the bow and stem! This decision means that during the next six months the residents of nearby properties will lose the ability to enjoy their waterfront properties in a peaceful and private manner. My objections are based on the following: The staff report included an acoustical study done on December 2, 2000. The study took place on a cold, damp evening with the bow ENCLOSED BY A TENT AS WELL AS VINYL SIDING. The study did not say how many people were on the bow but did indicate that the weather was so cold that most patrons stayed INSIDE. The acoustical tests were then done from 92 Linda Isle — a property located three residences away from the closest property. Not surprisingly, they did not find appreciable disturbances, although even under these circumstances they conceded that under certain conditions (such as Santa Ana winds. low humidity, boisterous diners, etc...) there might be a problem. While the planning commission did insist that another acoustical study be done during the summer, I am concerned that they may have been influenced by this obviously misleading study. Another misleading statement is the comparison to Mama Gina's. Not only is Mama Gina's located further from any residences but the outdoor dining area is much smaller (a narrow strip less than 1/3 the size) and it is enclosed by 3 glass walls, the restaurant wall and an awning on top. Also, Mama Gina's has a `buffer" zone so that no noise from inside the restaurant escapes out to the patio. Furthermore, Mama Gina's is a single story property. Because of its location the view of the residences across the channel is blocked by the many boats docked in the Balport Marina On the other hand, the Riverboat is located away from the marina and the 600' bow section proposed for dining is on the THIRD level thereby affording an UNOBSTRUCTED view into Linda Isle residences( the closest being less than 100ft. away!). Unless the residents keep their drapes closed, diners can look directly across into the bedrooms and directly down into the living area and of course down onto the patios and docks. Also, No "buffer' zone is proposed The staff report mentioned the possibility of only- allowing the Bow to be used for special events and allowing nightly dining only on the Stem Although our preference would be no outdoor dining at all, we agree that the angle of the Riverboat is such that customers on the Stern could enjoy a bay view without looking directly onto Linda Isle residences and possibly there might not be as much of a noise disturbance. However, the promoters wanted to also have the bay view from the bow!! I do not understand why the commission indulged the promoters, disregarding the trial compromise which would have allowed the Riverboat to have outdoor dining yet preserve the privacy of the nearby residents during this interim period The Riverboat property and Linda Isle residents have coexisted for many years WITHOUT nightly outdoor dining. Nearby residents have purchased their homes based on this history. The decision of the planning commission to allow unprecedented outdoor dining is one that greatly reduces the value of the homes. I know tha I would never have purchased my home if I knew that strangers would have a nightly unobstructed view into my patio, living room and master bedroom. In short I feel that allowing outdoor dining on the Bow and Stem of the Riverboat is detrimental to the peace and comfort of the persons residing in the area and is detrimental to the property and its value. As such it is a violation of section 20.91.035 of the municipal code. I greatly appreciate any attention you can give to this matter. Sincerely, _ Margo O Connor 90 Linda Isle Cc: TR;GP:NG;GA:DO'N;JH Date Copies Sent To: 1-�Mayor Council Member Fdanager ❑ Attorney 0 Cl THIS PAGE INTENTIONALLY BLANK /D February 21, 2001 Ms. Margo O'Connor 90 Linda Isle Newport Beach, CA Dear Ms. O'Connor: PLANNING RECEIVED PARTA1ENT CITY OF NIF -WOnn? "r . C AM OAR 0 1 2D01 PM 7�8�9110�11� 12�1�2�g�gi5i6 Thank you for writing me regarding the outdoor dining proposal for the Riverboat Cafe. It is very helpful for me to hear the concerns of people living close enough to be affected by such proposals. I believe the Planning Commission heard your neighborhood's concerns in this case. They raised many of the same points as you, including the vinyl tent that was in place when the acoustical study was done and the buffer in place at Mama Gina's. Because of these concerns, and their uncertainty about what it would take to keep the outdoor dining from affecting your neighborhood, the Commission did not simply allow the restaurant to continue outdoor dining until a final decision is made in August. Rather, they required the applicant to install a Plexiglas barrier at least six feet high around the decks, and to limit outdoor dining hours. Until the Plexiglas is installed, the decks must close at 7:30 p.m., and they may be open until 10:00 after the barrier is in place. The Commission wants to see how effective these measures are in protecting your neighborhood from impacts of the outdoor dining, so that they will be able to impose the right conditions if they choose to approve the application in August. The Planning Commission and staff will be very interested in hearing the neighbors' reactions to this trial period, so I encourage you to communicate with them. And thanks again for sharing your concerns with me. Sincerely, Steven Bromberg Council Member J y� Y� c > co uj C o y %� �-� Date — X1~1 oa Pies U ti �0�1a W /.fan //C To: Member i i February 26, 2001 City Councilman Steven Bromberg City Council of Newport Beach Dear Councilman Bromberg: Thank you so much for your prompt response to my letter regarding the extension of the Riverboat Promoter's Temporary CUP. Unfortunately, it is not a comfort to me to know that the Riverboat Restaurant can "only" have outdoor dining on the 3'd level Bow until 10 p.m. every day (plexightss is already being installed!). Previously the Yd level Bow area was only used for "special" events — each requiring a permit. It was NOT AVAILABLE ON A DAILY BASIS for outdoor dining. In the interest of being good neighbors, we never complained about these events — even when they interfered with the enjoyment of our own outdoor areas. On October 20, 2000, the Riverboat Restaurant received a 90-day temporary CUP allowing daily outdoor dining until 7:30 p.m. This expansion was UNPRECEDENTED and UNBEKNOWN to the nearby residents who were never informed! (According to someone at the planning commission, they had the wrong addresses for BOTH Bayshores and Linda Isle!). Because we all assumed that the events which then took place were "special" events or museum - related, we again did not complain — until the disturbances became intolerable. Only after complaining did we learn that the Riverboat Restaurant had obtained a temporary CUP — albeit one which they were very much violating in terms of hours and music (music had been specifically disallowed). If you came and stood on our patios (especially #88, #89 or #90), you would understand why we feel so strongly that the planning commission never should have issued a CUP for daily outdoor dining and it certainly should not have extended it (especially considering the many blatant violations) for an additional SIX MONTHS and even EXPANDED THE HOURS TO TEN P.M. if plexiglass was installed! The proposed dining area is SIMPLY TOO CLOSE TO US to be used on a daily basis. The area should only be used in the manner it always has been (i.e. for "special" events) and to which we were all accustomed Violations are less likely to occur (as they did repeatedly with the CUP) since permits must be secured for each event and so can be denied if conditions have not been respected in the past. (The provision in the temporary CUP that allows for revoking the CUP if violations occur is apparently meaningless as this did not happen in spite of many, many complaints and violations! Instead the violators were rewarded with an EXTENSION and ADDITIONAL hours of outdoor dining!). The plexiglass around the perimeter of this 600 square foot Bow area may offer patrons some wind protection but it will do little to mitigate the noise and nothing to restore our privacy! Why does the Planning commission need SIX MONTHS to see this? Why is the possibility of a few more customer dollars for the Riverboat Restaurant considered reason enough to take away our ability to enjoy our property this summer? I repeat: They are SIMPLY TOO CLOSE TO US!!! Thank you again for the time and consideration that you are giving this matter. It is very much appreciated. Sincerely, Marge( Connor (Mrs. William J. O'Connor) 90 Linda Isle Exhibit No. 3 I THIS PAGE INTENTIONALLY BLANK �lE�'��.r CITY OF NEWPORT BEACH o T PLANNING DEPARTMENT u�'=3300 N EWPORT BOULEVARD \<�roa " "' NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: Appeal Period: REPORT TO THE PLANNING COMMISSION PROJECT: Newport Riverboat Restaurant 151 East Coast Highway (Clayton Shurley, applicant) February 8, 2001 1 Eugenia Garcia 644 -3208 14 days PURPOSE OF APPLICATION: A request to permit outdoor dining in conjunction with the operation of an existing full - service restaurant /museum facility. The outdoor dining areas will be located on the stern and bow sections of the boat and will be used for lunch and evening food service, closing at 10:00 p.m. ACTION: Approve, modify or deny: • Use Permit No. 3684 LEGAL DESCRIPTION: Lot A, Tract 5361, Parcel 4 of Parcel Map No. 93 -I I I (Resubdivision No. 995) and a portion of Block 54 of Irvine's Subdivision. ZONE: RMC, Recreation, Marine Commercial OWNER: Newport Harbor Nautical Museum, Newport Beach Points and and Authorii • Conformance with the General Plan and Local Coastal Program The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational Marine Commercial" uses. A restaurant is a permitted use within this designation. The proposal is consistent with the Land Use Element and Local Coastal Plan policies and guidelines. • EnvironmentalCompliance (California EnvironmentalQualityAct) It has been determined that the project is categorically exempt under Class 1 (Existing Facilities). • Use Permit procedures are set forth in Chapter 20.91 of the Municipal Code. 0 0 g a ; z SUBJECT PROPERTY COAST HWY W N 0 Feet VICINITY MAP w +E S 1 Subiect Property and Surroundin2 Land Uses Current Development: The subject property is developed with a floating restaurant/museum and related Use Permit No. 3683 February S. 2001 Page2� I1� off - street parking spaces. To the north: Across West Coast Highway, is the Upper Newport Back Bay and De Anza Mobile Home Park To the east: Is Mama Gina's Restaurant To the south: Across the Channel is the Linda Isle residential community To the west: Is Newport Bay and the Bayshores residential community Use Permit No. 3683 February S. 2001 Page2� I1� Introduction The applicant proposes to add outdoor dining in two deck areas of an existing three level floating restaurant/museumfacility located on the water on the south side of the Dover Drive and the East Coast Highway bridge. The restaurant portion of the boat is approximately 2,600 sq. ft. The main dining room of the restaurant is located on the first level of the boat and a 900 square foot banquet room is located on the third level. The outdoor dining areas will be located on the third or upper level of the boat on the bow and stern (see photos below). Each deck is 600 -sq. ft. for a total of 1,200 square feet of new net public area. The "bow" deck faces toward the Linda Isle community and the "stern" deck faces toward the East Coast Highway bridge. The applicant would like to utilize the outdoor dining areas for lunch and evening food service, with a closing time of 10:00 p.m. Additionally, events held in conjunction with the restaurant operation, such as weddings, corporate parties and business meetings are proposed on the outdoor decks as well. The banquet room located on the third level (the Texas Deck) and adjacent to the "bow" deck can accommodate up to 150 people. The food buffets are usually located in the banquet room and seating for the dining has been located both inside and outside the banquet room on the decks, pursuant to a temporary use permit. When the live entertainment is performing, it is located within a designated area of the banquet room, pursuant to existing use permit conditions. No amplified, pre- recorded music or live entertainment is proposed for the outdoor areas. No physical changes are to occur within the interior of the restaurant and the hours the applicant proposes no change to the existing hours of operation. BOW SECTION Use Perrnit No. 3681 February 8, 2001 Pag63 �7 STERN SECTION Use Perm it No. 3684 February 8. 2001 Pam i� Ii Bach round "17 �s �1 i� On May 16, 1963, the Planning Commission approved Use Permit No. 949, which permitted the establishment of a floating restaurant on the subject property, formerly known as the Reuben E. Lee Restaurant. At that time, the property was located in the "Unclassified "(U) District, which required that any use not prohibited by law was permitted subject to the approval of a use permit in each case. The parking requirement for restaurants at that time was based on one space for each 3 occupants. Based on an occupancy of 444 persons, 148 parking spaces were required for the approved use. The Rueben E. Lee was later bought by another entity and renamed Charley Brown's Restaurant, and continued to operate as a full service restaurant. On May 4, 1995, the Planning Commission approved Use Permit No. 3551, to permit the establishment of a nautical museum in the floating structure occupied by the Charley Brown's Restaurant. The proposal included the remodel of the existing restaurant, new exhibit space, a meeting area, library and gift store. Although previous approvals permitted on -sale beer and wine, the application included a request to permit live entertainment, dancing, and alcoholic beverages for various museum functions, weddings, and other private parties. Parking for both the museum and restaurant is provided in the adjoining upland parcel. Use Permit No. 3684 February 8. 2001 Page 5 In September, 2000, a complaint was received by the City regarding noise associated with an outdoor evening function taking place on the subject property. Staff contacted the restaurant owner, and indicated to him that the existing use permit for the restaurant/museum facility contains a provision prohibiting dining, seating, or food or beverage service in the outdoor areas. The applicant stated that he was not aware of the use permit condition restricting the use of the outdoor area since he had obtained a permit from the Alcoholic Beverage Control Board to serve alcohol in the outdoor areas until 10:00 p.m. and had been using the outdoor areas for Sunday brunch and special events, both weddings and museum events for at least two years. Attached is a letter from the applicant detailing the food service operation over the last few years. Concurrent with this use permit request, the applicant made a request to the Planning Director for a 90 -day temporary use of the outdoor dining area in order to serve the parties and events that had already been booked for the holiday season. On October 20, 2000, the Planning Director issued a 90- day temporary use permit for the use of the outdoor areas for dining purposes (see attached approval letter). Analvsis Pursuant to Section 20.82.060 of the Newport Beach Municipal Code, a use permit is required for the expansion of the restaurant's net public area and to eliminate a previous condition of approval for the restaurant prohibiting the use of the outdoor decks for dining purposes. Because the restaurant facility is located on the bayfront, the restaurant is subject to the City's Bayfront Restaurant Regulations and is required to submit an acoustical study in conjunction with the use permit request. The acoustical study was conducted during the holiday season and is included as an attachment to this report and is discussed further in the analysis section of this report. Conformance with the General Plan and The Local Coastal Program Land Use Plan The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate the site for "Recreational and Marine Commercial" uses. The existing restaurant/museum facility is a permitted use within this designation, subject to the approval of a use permit. The General Plan also allows a variable Floor Area Ratio of 0.3 for the subject property. The existing restaurant/museum and the proposed outdoor dining will not add square footage to the structure and will not change the existing F.A.R. for the subject property. Therefore, the proposal is in compliance with the Floor Area Ratio provisions of the Zoning Code and the Land Use Element of the General Plan and the Local Coastal Program Land Use Plan. Use Pemti[ \o. 3681 February 8. 20011 F�age b Proiect Characteristics Section 20.03 of the Municipal Code defines net public area as `the total area used to serve customers, including, but not limited to, customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment." The restaurant is 2,600 gross square feet with an existing 2,000 square feet of net public area. The outdoor dining decks are 600 square feet each, for a total of 1,200 -sq. ft. The addition of the two decks increases the net public area of the restaurant to 3,200 square feet. The outdoor area is not considered accessory outdoor dining as it exceeds both 1,000 square feet and 25% of the interior net public area. Parking Requirements Off - street parking requirementsfor eating and drinking establishmentsare governed by the provisions of Section 20.66.070 of the Municipal Code. This section requires that the Planning Commission establish the off - street parking requirement for these establishments within a range of one space for each' 0 to 50 square feet of net public area based on various considerations such as physical design characteristics, operational characteristics and the location of the facility. Use Permit No. 3684 February S. 2001 Page -7 if Riverboat Restaurant Museum Live Entertainment: Yes No Dancing: Yes No Valet Parking Service: No No Number of Employees: 15 to 20 employees 1 to 3 employees Hours of Operation 7:00 a.m. to 11:00 p.m. 10:00 a.m. to 6:00 p. m., daily Sun. through Thursday. 7:00 a.m. to 12:00 midnight, Friday and Saturday Restaurant Area Gross 2,600 sq. ft. Net Public Area 2,000 sq. ft. Proposed Outdoor Dining Area 1,200 sq. ft. Total Net Public Area 3,200 sq. ft. Staff Recommendation for 10:00 a.m. to 9:00 p.m. Outdoor Dining Areas Sun.-Thurs. 10:00 a.m. to 10:00 p.m. Fri. & Sat. Section 20.03 of the Municipal Code defines net public area as `the total area used to serve customers, including, but not limited to, customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment." The restaurant is 2,600 gross square feet with an existing 2,000 square feet of net public area. The outdoor dining decks are 600 square feet each, for a total of 1,200 -sq. ft. The addition of the two decks increases the net public area of the restaurant to 3,200 square feet. The outdoor area is not considered accessory outdoor dining as it exceeds both 1,000 square feet and 25% of the interior net public area. Parking Requirements Off - street parking requirementsfor eating and drinking establishmentsare governed by the provisions of Section 20.66.070 of the Municipal Code. This section requires that the Planning Commission establish the off - street parking requirement for these establishments within a range of one space for each' 0 to 50 square feet of net public area based on various considerations such as physical design characteristics, operational characteristics and the location of the facility. Use Permit No. 3684 February S. 2001 Page -7 if Section 20.66.070 also states that in establishing the parking requirement, the Planning Commission may consider: 1. The physical design characteristics of the use including: a. The portion of net public area designated for dining, cocktails, or dancing. b. Tlie number of tables or seats and their arrangement. C. Other areas that should logically be excluded from the determination of net public area. d. The parking lot design, including the use of small car spaces, tandem and valet parking and loading areas. e. Availabilihj of guest dock space for boats. f. Extent of outdoor dining. 2. Operational characteristics, including: a. The amount of floor area devoted to live entertainment or dancing. b. The amount of floor area devoted to the sale of alcoholic beverages. C. Tlie presence of pool tables, big screen televisions or other attractions. d. The hours of operation. 3. The location of the establishment: a. In relation to other uses and the waterfront. b. Availabilihj of off -site parking nearby C. Amount of walk -in trade. d. Parking problems in the area at times of peak demand. There are currently 310 on -site parking spaces that are shared between the Riverboat Restaurant/Museum, Mama Gina's Restaurant and the boat marina. Mama Gina's Restaurant was approved prior to the requirement for parking and when calculated using the typical one space per 40 square feet of net public area, would require a minimum of 77 parking spaces. The marina office and boat use requires 103 parking spaces. Use Permit No. 3684 February 8, 2001 �I� Parking Comparison In 1995, when the restaurant/museum facility was approved, a parking requirement was established for the restaurant portion of the facility independently of the museum. The Riverboat Restaurant requires 50 spaces (2,000 sq. ft of net public area divided by 40 = 50 spaces). The museum requires 44 spaces at one space per 250 sq. ft. (10,900 divided by 25 = 43.6 or 44 spaces) for a total of 94 parking spaces required for the restaurant/museum. The total required parking for all uses on site is 274 parking spaces. Using the City's base requirement of I space for each 40 sq. ft. of "net public area," the proposed expansion of the net public area would require 30 parking spaces (1,200 sq. ft. of net public area divided by 40 = 30). However, the Planning Commission, using the criteria specified under Section 20.66.070 of the Municipal Code, may decrease this requirement to 24 spaces (I space /50 sq. ft. of net public area) or raise the requirementto 40 spaces (I space /30 sq. ft. net public area). Staff believes that using the standard one space per 40 square feet of net public area is reasonable in this case for the following reasons. The layout for the indoor and outdoor areas is for conventional restaurant service. It is not a high - turnover restaurant and it is not designed to operate as a nightclub. Additionally, the parking area has been observed to have ample available spaces at all times. I Based on the requirement of the Newport Beach Municipal Code Regulations Use Permit No. 3684 February 8. 2001 PagL-9� r- Existing Proposed Restaurant Restaurant Operation Operation Parking Available: 310 spaces 310 spaces Required Parkingfor restaurants' Q 1/50 sq.ft. npa 24 spaces (surplus/ deficit) @-1/40 sq.ft. npa 30 spaces Q 1/30 scift. npa 40 spaces Parking Required: Riverboat Restaurant 50 spaces Museum 44 spaces Mama Gina's Restaurant 77 spaces Marina 103 spaces TOTAL 274 spaces OutdoorDinin : 30 spaces @1 /40 sq. ft. npa) TOTAL REQUIRED PARKING 304 spaces 6 space surplus) In 1995, when the restaurant/museum facility was approved, a parking requirement was established for the restaurant portion of the facility independently of the museum. The Riverboat Restaurant requires 50 spaces (2,000 sq. ft of net public area divided by 40 = 50 spaces). The museum requires 44 spaces at one space per 250 sq. ft. (10,900 divided by 25 = 43.6 or 44 spaces) for a total of 94 parking spaces required for the restaurant/museum. The total required parking for all uses on site is 274 parking spaces. Using the City's base requirement of I space for each 40 sq. ft. of "net public area," the proposed expansion of the net public area would require 30 parking spaces (1,200 sq. ft. of net public area divided by 40 = 30). However, the Planning Commission, using the criteria specified under Section 20.66.070 of the Municipal Code, may decrease this requirement to 24 spaces (I space /50 sq. ft. of net public area) or raise the requirementto 40 spaces (I space /30 sq. ft. net public area). Staff believes that using the standard one space per 40 square feet of net public area is reasonable in this case for the following reasons. The layout for the indoor and outdoor areas is for conventional restaurant service. It is not a high - turnover restaurant and it is not designed to operate as a nightclub. Additionally, the parking area has been observed to have ample available spaces at all times. I Based on the requirement of the Newport Beach Municipal Code Regulations Use Permit No. 3684 February 8. 2001 PagL-9� r- Bavfront Restaurant Regulations On June 8, 1998, The City Council approved the Bayfront Restaurant Regulations to address issues of noise associated with bayfront restaurants and impacts from activities that occur outside the restaurants. The approval by the Council included the requirement for acoustical studies for all new bayfront restaurant development, additions or intensifications of existing restaurants, and additionally, the Council considered additional Code Enforcement and Police staff to monitor restaurant operations on weekend evenings. An acoustical study was prepared to address noise from activities associated with this restaurant adoption and it includes recommendations for compliance with Newport Beach noise regulations. The study was performed by Wieland Associates and is attached as Exhibit No. 2. Measurements were obtained on the night of December 2, 2000 during a typical dinner party and were measured from the rear yard of a residence located at 92 Linda Isle. The consultant indicates that on this evening, several tables had been set up inside the banquet room and on the outside deck area. There was also a small live band set up inside the banquet room on the third level, and because of the chilly weather, the outdoor dining area was enclosed with a tent with a transparent vinyl siding. The consultant's conclusions were that the noise generated from the outdoor dining activities was not measurable above the ambient traffic noise. Although the vinyl awning provided some mitigation of the noise levels, the study further analyzed published data and standard prediction algorithms to assess the noise levels on a warm summer evening without the vinyl awning. The study concluded that the noise that would be generated by the outdoor dining facility without any tents or awnings, is expected to be well below the ambient traffic levels, and further concluded that the noise levels generated by the outdoor dining and activities is not anticipated to exceed Chapter 10.26, the City's noise ordinance standards. Additional information from the consultant regarding noise associated with the bussing of tables indicates that the noise will be less than the conversation levels of the patrons and that a glass barrier should adequately reduce the level of the noise associated with the operation of the outdoor dining area. A condition of approval has been included requiring a minimum six foot high glass or Plexiglas partition barrier be installed around the perimeter of the outdoor dining areas. Staff has further reviewed the recommendations of the noise study, and offers an alternative to the approval of both decks for regular outdoor dining. Because the bow deck faces the Linda Isle residential community and the stern deck faces the East Coast Highway bridge, the Planning Commission may want to place a more limiting closing hour on the bow deck, or limit the use of the bow deck to special events only because the ballroom opens directly to the boNv deck. The consultant's report indicates that the ambient noise of the traffic on the bridge will be louder than the noise from the outdoor dining activities, particularly from the stern portion of the boat. Staff has received several letters in opposition from residents of the Linda Isle residential community and the Bayshores residential community across the channel. When the public notices were mailed out for the January 18'b Planning Commission meeting, the notice stated and applicant's request was for the approval of an acoustical guitar in the outdoor dining areas. Due to the amount of opposition to the outdoor live entertainment request received from the residential neighbors (the letters are attached as exhibit number 5), the applicant withdrew that portion of the request and is not proposing to have any Use Permit No. 3684 February 8, 200 i Page- 10 r �a music, pre- recorded or live entertainment, in the outdoor areas. Several of the letters referenced the noise from "live bands" on the outdoor deck for one of the restaurant's previous outdoor parties and the noise emanating from the live entertainment inside the ballroom during another event. In reviewing the request, staff is of the opinion that the noise from the live entertainment inside the facility is a potential problem when the doors to the banquet room are opened by patrons entering or leaving and, if the doors are left open. For that reason, staff included a condition requiring that the doors and windows be closed during the use of the live entertainment and a limitation on the number of special events is included to reduce the amount of noise disturbance to the residential neighbors. If noise associated with the live entertainment is not confined to the interior of the building and complaints are received, the Planning Director may review the noise issue and require that a monitoring system be installed outside the facility to monitor the noise, which may result in further review of this use permit. Additionally, live entertainment may be prohibited if noise complaints continue. Since it is difficult to control the level of noise from pre- recorded background music and speaker systems, staff believes that the use of pre- recorded music and speakers should not be permitted in the outdoor dining areas due to the close proximity of the residential areas and the recommendations contained in the noise consultant's report. Staff has included a condition of approval prohibiting the use of a speaker system or paging in the outdoor patio areas. Hours of Operation - Outdoor Dining The applicant is requesting a 10:00 p.m. closing hour for the outdoor dining areas. In other similar applications for outdoor dining, staff has recommended that the closing hour of the outdoor dining be earlier in the evening than the main restaurant, so as to not disturb residents in the area or across the bay. In trying to protect the residential neighbors from impacts from the patio operation, it has been discussed in prior similar applications that establishing an earlier closing hour for the patio may present problems from an occupancy standpoint. Closure of the patio would require the relocation of patrons to either inside the facility (which if fully occupied will result in an overcrowding situation and a fire code violation) or compelling the patrons to leave the facility (which could create tension among patrons and employees). In previous applications, the City Council has approved the hours of operation for outdoor patio closure as 10:00 p.m. on Sunday through Thursday and midnight on Friday and Saturday. Staff has reviewed the closing times for the two restaurants in close proximity to the subject restaurant, Mama Gina's and the Yankee Tavern. Mama Gina's outdoor dining area is open until 12:00 midnight daily, and the Yankee Tavern outdoor dining area is open until 10:00 p.m., Sunday through Thursday and 11:00 p.m. on Friday and Saturday. Although the restaurant is open later than the 10:00 p.m. closing time requested by the applicant, staff recommends an earlier closing time due to the closer proximity of the subject facility to both the Bayshores and Linda Isle residential communities. Staff recommends that the outdoor dining areas open no earlier than 10:00 a.m. daily (as recommended in the consultant's report) and close by 9:00 p.m., Sunday through Thursday, which is one hour before closing of the restaurant, and 10:00 p.m. on Friday and Saturday. Special Events Use Permit No. 3684 February 8. ?001 �- Pag� -I � �I Generally, full service restaurants are characterized by providing opportunities for the staging of special events and private party functions. Staff believes that being able to provide this type of service is necessary to the viability of restaurant uses. Therefore, staff has recommended that such events be permitted, but they be limited to 12 in a calendar year and only in conjunction with the approval of a Special Event Permit. The hours for the use of the outdoor dining are limited to the recommended hours as stated in this report. Staff is of the opinion that this should allow the applicant sufficient flexibility to accommodate special functions. Specific Findings and Recommendations Section 20.91.035 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not; under the circumstances of the particularcase, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. In this particular case, based upon the analysis contained in this report, staff believes that the findings for approval can be made for the proposed restaurant changes. Potential problems associated with the proposed restaurant's outdoor dining operation have been adequately addressed by the conditions of approval as recommended by staff. Restrictions on the use of outdoor - amplified sound and patio speakers and compliance with the provisions of the Municipal Code, Community Noise Ordinance, and acoustical Study recommendations, should limit potential noise impacts on the neighboring commercial businesses and residential uses. additionally, the limited hours of the outdoor dining areas and the provision of a full height glass or plexiglass wall around the outdoor dining should limit potential noise impacts on the residential areas. Finally, the proposed changes in the operational characteristics related to the addition of the outdoor dining areas does not result in an increase in the parking requirement or parking demand of the site which cannot be accommodatedby the existing available on -site parking. Should the Planning Commission wish to approve the use permit permitting the use of the "stern ' deck only for outdoor dining purposes, condition Number 2 shall be amended to read, "The outdoor dining for the restaurant shall be used in conjunction with the related food establishment and shall be limited to 600 square feet maximum (gross area) to be located on the stern deck, unless an amendment to this use permit is first approved. " Should the Planning Commission wish to approve Use Permit No. 3684, the findings and conditions of approval set forth in the attached Exhibit "a" are suggested. While staff has found facts that support approval, testimony received and Commission discussion could raise issues not analyzed by staff. Should the Planning Commission wish to deny Use Permit No. 3684, suggested findings for denial are set forth in the attached Exhibit "B Use Permit No. 3684 February 8. 2001 Page -I Z Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: EUGENIA GARCIA, AICP Associate Planner LL Attachments: Exhibit "A" Exhibit `B" Use Permit No. 3551 minutes of Planning Commission meeting of 5/4/95 Noise Assessment from consultant Letter of Approval for temporary use, date 10/20/2000 Letter from the Applicant Letters received from neighbors Proposed Floor Plan Use Permit No. 3684 February 8, 2001 PNe 13 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Use Permit No. 3684 Findings: 1. The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Recreation and Marine Commercial" land use; and the existing restaurant is a permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The approval of Use Permit No. 3684, will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: a. The proposed outdoor dining is consistent with the Land Use Element of the General Plan, and is compatible with the surrounding land uses. b. The existing on -site parking and circulation system is adequate to accommodate the proposed exterior dining areas. c. The limited hours of the outdoor dining areas should prevent noise from adversely impacting the residential uses in the area. d. The proposed outdoor dining expansion will not be located so as to result in a reduction of existing parking spaces because there is adequate on -site parking available. e. The outdoor dining area, as conditioned with limited hours should prevent noise from adversely impacting the residential uses across the bay since the proposal does not include any noise generating activities outside of the facility (i.e., speakers, live entertainment), which have been prohibited in the outdoor dining area. f. The control of noise can be achieved by the restrictions on the use of outdoor amplified sound and patio speakers and compliance with the provisions of the Municipal Code, Community Noise Ordinance. g. The proposal will not add a new liquor license to an over- concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. h. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. i. Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. Use Permit No. 3684 February 8, 2001 Pago- 2. All conditions of Use Permit No. 3551 shall remain in effect, except as related to outdoor dining. 3. The outdoor dining for the restaurant shall be used in conjunction with the related food establishment and shall be limited to 1,200 -sq. ft. maximum (gross area) as proposed, unless an amendment to this use permit is first approved. 4. The outdoor dining area associated with the restaurant uses shall be limited to the upper third level bow and stern decks, as delineated on the approved site plan only. 5. The hours of operation of the outdoor dining area are limited to 10:00 a.m. to 9:00 p.m. Sunday through Thursday, and 10:00 a.m. to 10:00 p.m. Friday and Saturday. Any increase in the hours of operation shall be subject to the approval of an amendment to this application and may require an amendment to Use Permit No. 3684. The deck areas shall be closed and not utilized during the non - specified operational hours after 9:00 p.m. and 10:00 p.m., respectively. The interior restaurant operation shall be governed by the hours specified in conjunction with the approval of Use Permit No. 3551. 6. The area outside of the food establishment shall be maintained in a clean and orderly manner. 7. No outside paging system shall be permitted and a speaker system shall not be permitted in the outdoor dining areas. 8. No amplified music or live entertainment is permitted in the outdoor dining area. 9. A Special Event Permit issued by the Community Services Department and approved by the Police Department and the Planning Department shall be required for the following events or activities (said Special Event Permit shall be completed and submitted to the Community Services Department at least 30 days prior to the date of the event. unless other arrangements are made with the City departments, to allow adequate time for the Police Department and other City departments to review the application and to impose additional conditions of approval): a. Any event or activity within the dining areas of the restaurant which is contemplated not to operate with the sale or service of food and beverages as the principal purpose during the specified restaurant hours (i.e., conversion of dining area to bar service area during restaurant hours) which utilizes a majority of the dining area of the facility. b. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives shall be permitted to share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks. 9. A Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as incidental and accessory to the primary use of the facility as a restaurant. Use Pemir No. 3684 February 8. 2001 Pag� i/ 10. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from the view of neighboring properties except when placed for pick -up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 11. The applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self - contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 12. Storage outside of the facility shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. 13. For Special Event activities, coverings shall be limited to the use of umbrellas, retractable awnings, or Fire Department approved temporary tents, with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers shall be prohibited 14. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the Alcoholic Beverage Control Board are first obtained. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this use permit. 15. All employees shall park on site. 16. All applicable conditions of approval of Use Permit No. 3551 shall remain in force (copy attached). 17. A maximum of 12 Special Event permits for events or activities to be conducted in the outdoor dining areas shall be permitted per calendar year. 18. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Director reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contributes to the noise problems or complaints. 19. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. 20. The outdoor dining areas shall be closed for the evening upon verification of non - compliance with any conditions of this Use Permit and, if the patio is not closed, the matter shall be referred to the Planning Department for action on the Use Permit. 21. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. Use Permit No. 3683 Februan S. 2001 Pag�,,-16_ 22. The live entertainment shall be confined to the interior of the restaurant and all doors and windows of the establishment shall remain closed during all performances, except when persons enter and leave by the main entrance of the facility or to the outdoor dining area. Loudspeakers outside of the building or in the outdoor dining area shall not be permitted. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code that provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. Measured at the property line of Commercially zoned property: Measured at the property line of Residentially zoned property: Between the hours of 7:00 am. and 10:00 p.m. 65 dBA 60 dBA Between the hours of 10:00 p.m. and 7:00 a.m. 50 dBA 23. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment or the outdoor dining activities to insure compliance with these conditions, if required by the Planning Director. 24. The approval is for the establishment of outdoor dining for an existing full service restaurant facilities as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 25. The area of the outdoor dining shall be delineated with a minimum 6 foot high glass or Plexiglas wind and noise barriers measured from the floor of the decks and be designed, installed and maintained around the patio area to insure compliance with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code). 26. Dancing shall be prohibited in the outdoor dining areas and is permitted solely within the interior of the building, unless an amendment to this use permit, or any previous use permits, and other required application is first approved in accordance with the provisions of the Municipal Code. Standard Conditions: 26. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 27. The proposed outdoor dining shall conform to the requirements of the Uniform Building Code. 28. The project shall comply with State Disabled Access requirements. Use Permit No. 3681 February 8, 2001 Page ,7 29. All improvements shall be constructed as required by Newport Beach City Ordinance and the Public Works Department. 30. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 31. This approval shall be subject to review by the Planning Director within 60 day of this approval to determine compliance with the conditions of approval and to determine the effectiveness of the conditions of approval to prevent noise problems. 32. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend 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 injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 33. This Use Permit 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. Use Permit No. 3684 February 8, 2001 Page -I-C EXHIBIT `B" FINDINGS FOR DENIAL FOR Use Permit No. 3684 FINDINGS: The approval of Use Permit No. 3684 will, under the circumstances of the case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City for the following reason: a. The noise associated with outdoor dining use will adversely impact residential uses in the vicinity. Use Permit No. 3684 February 8, 2001 Page 9;5 O �4 Off. 5 Z TI z i. RESTPA)MM CMLASWSP� HALL Al: Off. 5 Off. Lt Al: Off. Al: rx A y \\` .• (.ter �\ COMMISSIONERS CITY OF NEWPORT BEACH `:iI\UTES May 4, 199; LL 1 111 I ; INDP_X muumum of one parking space for each 41= square Yee[ of "rte public area" (62 spaces) shall be provided during the Sa day da�Lirne ooeration of the restaurant, and one parting spat or eacr. =.'0 square feet of "net public area" (64 spaces) for all , er hours o the restaurant's operation. c. Thac the development standards pe-Lalr g to a potion of the requ.red Parking spaces (30 da<<im// , ark ng spaces during the ,eek) walls, utilities, par, ing lot !i'- lmidnatlory ann IanCSCaP.mg,, are ' wa:ced. %. That the Planning COSSICn may add Or mGdtfv CCndlilOnS C approval to the us . emit, or recommend to the Citv Council the revocallon or 3 use permit, upon a deiermunation that Che coeratlon ' „tch is the subject of this use permit, Causes injury, or is de.'rn al CO the heal[;), SafelY', peace, morals, COm10r Or gener�� IX— .'at° or the Cc t'lrnunim i That Crlls use pe`-, - uC shall expiC ii e tr not exerCSBC wit i 24 monChs :io., the date of aoproval as spectned in Seci!on 20.50.090A of the Newport Beach kfuricipai Code. Use Pe: -7j, No. 36.1 (Conn need Public Hearne) Request co oerrr�t the establishment of a nautical museum in a floating sc- uciure cure enily occu01ed by Charley Brown's Restaurant, where the related oF- street parkin; area is located in the RVEC -H District. : The proposed facility will include exhibit space, a meeting area, a library, a _gift score and a cafe with on -sale beer and wine on the floating sctiCare, wi h related of street parking on the adjolmng upland parcel. The proaosa! also includes a request to permit five enterainmen,t, dancing, and alcoholic beverages for various museum fmcuor:s, 'weddings, and other private parties. LOC,kTION: Lot -k , Tract No. 6361, Parce! 4 of Parcel Map 93 -111 (ResubdF�ision No. 996) and a portion o Block 64 of I,-vine's Subdivision, located at 161 -10- i COMMISSIONERS CITY OF NEWPORT BEACH MT \UTES May 4, 1995 ROLL CALL I I I I I I I i i INDEX ;_ast roast tvgnway on the soumeriv sine or Last Coast Highway, between the Bay Bridge and .• Bayside Drive. ZONE: RNIC APPLICkN- 7T: Newport Harbor Nautical Museum Irvine 0VY-N rR: The Dine Compa.-v, Newport Beach William R Laycock, Current Planning Manager, suggested that Condition No. 2, Exhibit ®A", be rev sed to state That the "17et public area '• of the restaurant shall not exceed ?,000 scvtcarz jeet and the madoor area shall not be utilized for dining, seating, food or beverage service. Any increase in the si =e of the restaurant(cafe) portion of the facility shall require an amendment to this use permit. Inasmuch as Conditions No. 9 and 13 are basically the same concerning outdoor trash containers, he suggested that Condition No. 13 be deleted. He said that the museum requested that the hours of operation be from 10:00 a.m. to 6:00 o.m. and the restaurant {cafe; be open from 7:00 a.m. to 5:00 p.m., however, he sug_ested that the Planning Commission consider the fact that under certain conditions the museum may be open later than the foregoing hours. In reference io Condition No. 23, Exhibit "A ", Nip. Laycock stated that if there would be problems concerning the museurr>, the Placating Commission could call up the use peril ter review. In response to a question posed by Commissioner Adams, vfr. Laycock replied that the previous restaurant was pemti«ed to be open until 2:00 a. m. In response to questions posed by Corm-ussioner Brown concerning Condition No. 16, Exhibit "A ", retarding dancing and live entertainment, James He'=vlcker, PlanP_iCo Director, explained that the Cafe Dance Pe.:,,tt allows dancir[g in conlunction with the operation of the museum or the restaurant. Cortu-nissioner Brower Chai.rmian Gi ord, and Director Hewicker addressed the proposed hours of operation and the neighbors' concerns regarding the museum's activities. Mot COMMISSIONERS 00 CF��Y7� p9J99p`y> CITY OF NEWPORT BEACH %M! \i UTES May 4, 1995 ROLL CALF j INDEX ne public neann, was open Gronsky, 114 - 25th Street, appeared 'before the Planning Commission as ! President of the Museum. Commissioner Pomeroy asked Vfr. Grorisky if he would be agreeable with the hours of oberation Eom 7:00 a.m. to 11:00 p.m. Sunday through Thursday, and from 7:00 a.m. to 12:00 midnight Fridays and Saturdays. Nfr. Gronsly concurred with the suggested hours w i I of operation. I L- response to z quesuor,'pos2d by Comm ssioner R dgewav, tifr. R�tiliam Bluroc!ti 3300 Newpor Bouievard, appeared 'before the Planning Cora: lss on. \L. Blurock explained that the owners or the Reuben E. Lee 1 R2siaurz ^.t have so Car de.ued their request io use the restaurznc'; name. Ln i response to z question posed by Commissioner Di Sano, N—L. Blurrock I I , explained !hat the existing museum is located on City propery. I i � There e2;ng C•O Cth2CS de5i ring t0 appear and be heard, the public hearing i w'aS CC52Q at ttllS time. i on. I * otion ..vas mad Motion e to zobrove Use Pe. n t No. 3551 subject to the findings and COCIt?ICIORS in E.x:aCit "A", ,T,OOtiIL -Ig COnd:itOR ; \O. 2, delete Condition No. 13, and add a new Condition No. 13 st2ting Pao the hours Of operation shall be ,-rom 7 :00 a.m. to 11:00 p.m. Sund v through j I-nursdaY, a77a' i'am 7:00 a.m. to 12:00 mid right on Fn s and ' � Saturdnrs. I Commissioner Brown concurred with the use on the subject proper. ty. Chai,„an GiEord comblimeat2d the museum and the accomDlis;i,~lerts that the members made to bang the museum to the subject site. v I aya ! i Motion .vas voted on, MOTION CARED. I finding;: I 1. That the probosed development is consistent with the Land Use Element of the General Plan and the Local Coastal Prograr>, Land j Use Plan, and is compatible with the surrounding !and uses. i In ' i y,D COMMISSIONERS CITY OF NEWPORT BENCH May 4, 1995 l I N UTES ROLL CALL INDEX _. I riat Me design of the proposed improvements will not contlict I with any easements acquired by the public at large for access through or use of properrty withir. the proposed development. j ! 3. That public improvements may be required of a developer per Section 20.80.060 of the Municipal Code. j That adequate of -street parldng tic rz!ated vehicular circulation are provided in conjunction with the exist ng marina o6ce, the existing nei_nborino restaurant and the proposed museum/ca:e j facilities. 5. That the waiver of the development standards as they pertain to walls, parking lo[ illumination, and landscaping will not be ; detrimental to adjoining properties, given the existing physical j cma actzesttcs or the site. 6. That the approvz_ of Use Pernit No. 3»1 will not, under the j i I I circumrances of this case, be detrimedtall to the health, saf ty. peace, morals, comfort and general welfare of persons residing and ! working in the neighborhood, or be dztrirnemtal or L-[jurious to ! I propery and L nprovements to the ce :ghbornood or to the general V welfare of the City. i Conditions: Ijl 1. That development shall be in substr an.al con;ormancz with the I I approved site plan and floor plans. ! I 2. That the "net public area" of the restaurant shall not exceed 2,000 square feet and the outdoor area shall not be utilized for diming, seating, food or beverage service. Anv increase in the size of the restaurant/cafe portion of the facIt -v shall require an amendment to j this use permit. That the sale of alcoholic beverages shall be permitted in accordance with provisions of California .'!coholic Beverage !� Control Board. i I 13 j i ,J COMMISSIONERS CITY OF NEWPORT BEACH ?.IINUTES 4, 1995 CAOLL i l l l f l f l I INDEX 4. That a rrtinimum of 94 parking spaces shall be provided on -site for the proposed facility: SO spaces (one space for each 40 sq.ft. o: "net public area') during the operation of the cafe facility and 44 spaces (one space for each 250 sq.ft. of gross floor area) during the operation of the museum facility. That a washout area for refuse containers be provided in such a •.vay as to allow direct drainage into the sewer system and not into the Bay or storm drains unless otherwise approved by the Building Department and the PubEc Works Department. o. That grease interceprors shall be installed on all fitizures in the restaurant where zrease may be introduced into the drainage systems, unless otherwise approved by the Building Deparment ' and the Public Works Department. 7. That :kitchen eu aust fans shall be desisned to control smoke and odor to the satisfaction of the BuRd -ing Department. S. That no temporzy "sandwich" signs shall be pe.,nitted, either or, site or ou site, to adverise the restaurant facih-,v. 9. That all trash areas and mechartical equipment shall be shielded or screened from public streers and adjoining properties. l0. That all imp ovemnents be constructed as required by Ordinance and the Public Works Department. 11. That the required number of handicapped parking spaces shall be designated within the on -site parking area and shall be used solely for handicapped self - parking. One handicapped sign on a post and one handicapped sign on the pavement shall be required for each ;.andicaoped space. 12. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic engineer. i I COMMISSIONERS A 9ocF��F9�y1 ��9��y CITY OF NEWPORT BEACH NI NliTES May 4, 1995 LL CALL I I I I I I I I I INDEX �. at t e ours of operation s be trom Sunday through Thursday, and from 7:00 a.m. to 12:00 midnight j Fridays and Saturdays. i 14. That the development standards as they pertain to walls, landscaping and parking lot illumination shall be waived. That Coastal Commission approval shall be obtained prior to the inpleme-ntation of the proposed museum and ca e facilities. 16. That dancing and live eatertairinent shall be permitted in conjunction with the museum or cafe, in accordance with a Cafe Dance P-rnut and Entertainment Permit issued by the Revenue Mana4er in accordance with Cha ?ter 5 of the Newport Beach Municipal Code. I I I 17. That all employees shall park their automobiles on -site. 18. That the noise from the proposed museum and cafe shall be I confined to the interior of the strucrure. 19. That no amplified outdoor sound system, loudspeakers or paging system shall be permitted in conjunction with the facility, nor shall i I I amplified sound be permitted to emanate from the interior of the ! I structure. I� 20. That the use of air horns, whistles, bells, and other noise making I j I equipment or devices shall be prohibited. i 21. That any e-X.zrior lighting shall be designed to eliminate lieht and I glare spillage- on adjacent residential properties. I i I 32. That the facility s, comply with t z Unto m Building Code, Fire Code and related handicap accesstbiky requirements, and shall be approved by the Building Deparmem and the Fire- Depaianent. I 23. That the Planning Commission may add to or r:,odify conditions of approval to this use pernit, or recommend to the City Council the j I revocation of this use perm t upon a dete=ation that the -15- COMMISSIONERS A \ \ W§10\101 ,9p�O2.y. CITY OF NE%ArPORT BEACH MiNtiTr- May 4, 1995 ROLL CALL I I I I ( INDEX operation wrucn is C e suolect or Cms amendment causes injury, or is detrimental to the health, safety, peace, morals, comfoa, or general welfare of the community. 24. Thai this use perm C shall expire unless exercised within 24 months from the date of approval as specified in Section 20.80.090 A of J I I the Newport Beach Municipal Code. Nse Per nit No. 4 =2 (.kmended) (Public I-iearing) j i + R >,,quTsi to change the operational characteristics of a previously approved :_ - -_- use perinir which ozrrrir:ed the establishment of a lull ser✓ice restaurant with on -sa. alcoholic beverages, valet parking, live enieitainmenC and I I danc ng so v to allow For ihz use of a second floor banquet room rot j ; events, - Lies, wedding receptions and sirniiar functions'. The irequest also inclu .s the use of Che outdoor d -dmz deck on the second ! loot Ie' :e! ter addiiio�r cf dint., in conjunction with events and on a j I . daily bass as weather \pmn'is; and a request to waive a portion of :he I ! required odBm parkin? S ces. i I I I I LOCATION: A Porti of Lot 170, Block 2, Irvine's s i Subdivision, .00aCed at J >jJ LYesi Coast Ha^.R'aV, j ± I 0n the souihe v side of. West Coast Arghway. I q between Neww -p Boulevard and Riverside Avenue in Mariner's lile. ZONE: SP -5 i i� 'I I APPLICANT: BisirO 201, Ne'.vpor, Beach I I I O�V�R: Haseko -Dunn Inc., Los Angeles + I James rizwicker, Planning Director, ref "erred to a letter that was ten by ! I the Police Department to the Alcoholic Beverage Control, an he i commented chat the Police Deoanmeni's recommenced conditions w e ; incorporated in Exhibir "A ". The applicant informed the ABC Chat ihey i I -10- I f 1 k I, City of Newport Beach City Council Minutes June 8, 1998 26. Council Member Hedges asked about the amount of money that is saves w the referenced vehicles. City Manager Murphy answered that S22,OOC per y r is saved for each year that there are no equipment maintenance costs, an at the City is committed to the program for three ,years, with an option for a s and and third-year term, City Manager Murphy stated that the 525,500 exp diture proposed at this meeting is to cover the cost ci accessories for the n vehicles. Some accessories will be transferred off of the old vehicles, but not are ccmoacible with the new vehldes. Motion by Nfavor Pro Tem Veil to aoprove the budget amendment :.. the amount of $25,500 to Lund tre -,uu.-chase of eou: ?men' and contracted setup for the eleven ve ^ides to be lease •o the City as part of ta=_ Chevrolet Beach Marketing Program, The motion carried by the fcUowing roll call vote: Ayes Debay, O'Nel, Noyes, Glover, Mayor Edwarcs Noes: Hedges Abstain: None Absent: NIone BAYFRONT RESTAURANT REGULATIONS. Ccuncd Member Grover asked for a darLficaticn with regares to the re°_omLl` enhatton In the Sta?i .T3port a,,,o Ct the restaurants and pars orov+_CLng private security service, but later sta : ;,g that Bill Hamilton of the Canne:v Restaurant is not ccnEdent that the - e ;taurants and bars wiL a ^_ee to t^�is. City Manager Murphy responded that the action before the City Ccu -ncl was to add to the Budget Checklist the additional cost to the City n fu -ding the recommendations. Motion by Council Member Glove - to direct staff to r=_euie acoustical studies for all new Bayfront restaurant development, additions or intensification: and add the consider=ation of addil onai Code En_orcement staff; and Police overtime as part of 1998•99 City Budget checklist to be acted upon on June 22, 1998. . Don Gregory, 601 Lido Park Drive, a _ember of the subcommittee t at made the recommendations to the Environmental Qualitv waits Committee (EQAC), stated that the recommendations were to all be enacted as a whole, and not just parts of them. Mr. Gregory suggesed that the subject be reviewed further by EQAC until an entire set of recommendations can be made that will be adhered to. Council Member Hedges asked Assistant City Manager Wood why a set of recommendations was received from the joint subcommittee, and t -en later Volume 52 -Page 65 INDBt Marketing Program (40 /44) Bayiron. R2stalira.^. Regulations (6S) C City of Newport Beach City Council Minutes June 8, 1998 input was asked of Mr. Hamilton. Assistant City Manager Wood responded that. in preparing the staff report, she sought the latest input from a representative of the restaurants in Cannery Village, where the pilot program would take place. Assistant City Manager Wood stated that at the subcommittee meeting, Mr. Hamilton spoke in support of the recommendations, but that he was speaking only for himself and hadn't received input from the other restaurants in the Canner+Village area. Council Member He ^_'ges con - med that the City Council had previously asked EQAC to meet and make recommendations on the subject, that this was done and provided in the sta_`f . -port. Council Member Hedges asked why a call was then made to Mr. Hamilton. City Manager Murphy stated that given the recommendations, sta_�' is trying to inform tae City Council the restaurants and bars would carry them out. Council Member Decay stated that she was prepared to go forward with the action before the City Council tonight. Mr. Gregory co- med that re would support that, as z step in following all of the recommendations. Mayor Edwards fu_cher clar-z -d that the action before .he City Council is the part of the recommendation that the City can impose, and that t e par: twat the City can': impose :s not before the City Councl at -'-_;s mee'_ Council Member Noyes stated that _ .eels that the cp=mittee went further than it was i^sUucted to do, and tha.,t - action torsi -,.n' deais wit:: the initial request. Council Member Debay r_._renced a letter she received from �L-. Weinbe addressing tae tour boat; Inat, cruise the harbor, and 1 the noise from the boats, wlile they are docked, can be regulated. Ii was coni_med that th_'s subject would be ta'.ten up in the future. Without objection. the motion carried by acclamation. UPPER NEW -PORT BAY FUNDING UPDATE. Assist_ ^t to the City Manager Kif s zted that it is expected that the current drecl :ago ect w;17 be fully funded by the State in t.. =- zmou n_ of S7.4 m' on. Additio . >iv, a separate le; slat :ve item, an annu tY bill, would sec aside 5400,000 a ^.nuz r. the Fish d Game budget solely for use in the Upper Newport Bay. A Fe I appzopriation is also ma'_ng its way in the Federal budget process for $1.5 :11;on. to be directed to the U. S..4rmy Corps of Engineers for use in the lower -tion of the Bay. Assistant to the City Manager KHE confirmed that ere are currently three dredges working in the Bay, and that efforts are unde to designate a site in the ocean, off of the Newvor Fier, as z oermanent du • in; site for the dredged mate_ial. Currently, the site is being used on a temporz.; basis. Volume 52 -Page 66 INDEt Upper Newport Bay Fund:: g (5' ) �P J r^ y,E"POq� CITY OF NEWPORT BEACH �a COMMUNITY AND ECONOMIC '( DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644.3200; FAX (714) 644-3250 Hearing Date. Agenda Item No.: Staff Person: REPORT TO THE ILAYOR AND CITY COUNCIL PROJECT: Bayfront Restaurant Regulations June S, 199:3 Sharon Z. Wood (714)644 -3227 SUGGESTED ACTION: Direct staff to require acoustical studies for all new Bayfront restaurant development, additions or intensification Consider additional Code Enforcement staff and Police overtime as part of 1995 -99 City Budget Background On March 9, 1995, the City Council referred the issue of Bayfront restaurant regulations to the Economic Development Committee (EDC) and Environmental Quality Affairs Committee (EQAC), with direction to look at the possibility of use pe='I conditions of aoproval that may be recommended for a majority of restaurants on the Bayfront. Ir. addition, staff was directed to retain a consultant to take noise measurements from existing Bayfront restaurants and to advise EQAC and EDC on techniques to control noise. Both EQAC and EDC appointed subcomr.ittees of four members to work on this issue. At t .e first meeting of the joint subcommittees, there was general agreement that noise should be the focus of the effort, and that nc se from inside restaurants and impacts from activities that occur outside restaurants both need to be addressed. The joint subcomrr ttees requested that stqZi ask a noise engineer about conditions of approva or guidance the City could provide restaurant operators so that restaurants could be designed to meet noise standards. Staff also was asked to have the noise engineer review the City's Noise Control Ordinance to see if improvements are needed, especially to address short bursts of noise that exceed the basic standard. If restaurant noise could be controlled to meet an accepted standard, it should not be necessary for the City to impose numerous conditions of approval specifying numbers or type of entertainers, whether sound may be a-molified, where speakers should be located, etc. Finally, staff was asked to contact other cities %pith sirular characteristics to see how they deal with the issue of restaurant impacts on residential neighbors. Staff retained Wieland Associates to review the City's noise standards and make suggestions on ways the City could better manage noise impacts from restaurants. Wieland's analysis included a j review of the Community Noise Control Ordinance and noise standards for live entertainment, as well as a comparison of Newport Beach's standards with those in several other jurisdictions. He advised that Newport Beach could improve its noise standards for restaurants by addressing sporadic bursts of noise rather than averages only, by addressing noise with a character that is more annoying to people (e.g., drum beat, plate clatter), and by applying the same standard to both live and recorded music. Wieland did not think it would be possible to develop standard conditions of approval, as each restaurant's individual operation and location would affect how it should be designed. Rather, he recommended that the City require that restaurant developers submit acoustical studies to show compliance with City standards, with analysis of the specific activities associated with the restaurant as well as the atmospheric and topographic characteristics of the location. Ln addition to Wieland's comparison of Newport Beach's noise standa:ds with those jurisdictions, stall contacted the Clues or Long Beach, Sausalito and San Diego regarding ❑es regulation of restaurants in close proximity to residential areas. Long Beach does not hake specific restaurant regulations, and relies on i`-- Noise Ordinance to control impacts. Neiiee: Sausalito nor San Diego indicated problems with restaurant and residential oroxirr ry. Sausalito requires use permits for evening outdoor dining, and does not have restaurants near residen^ inl areas that are open later than 11:00 p.m. Committee Recommendations The joint subcommittees held a second meeting to review information and discuss ..commendations. After reviewing Wieland's report, they concluded that the City should np. consider changes to existing noise ordinances, unless they Prove to be ineffective aftel enforcement is increased. The following recommendations were made with regard to noise. 1rclude additional code enforcement slat* in the 1995 -99 budget, and assign that staff to monitor restaurant operations on weekend evenings. 2. Enforce existing noise regulations in the Municipal Code. 3. Do not consider changes to noise regulations unless problems continue, even wilt additional enforcement of existing regulations. Require that acoustical studies be prepared for all new Bayfront restaurant development and additions to or intensification of existing restaurants. The studies should address noise from activities associated with the proposed restaurant operation, atmospheric 2:d topographic characteristics and their eriect on noise received in nearby residential areas, and recommendations for compliance with Newpor Beach noise regulations. With regard to controlling oft -site disturbances, the joint su'ccomminees discussed whether the City or the restaurant owners should be responsible, and the possibilities of using private securiry and additional Police officers. They concluded that the responsibility should be shared by the City and restaurant owners, and recommended implementation of the following pilot program l..n Cannery Village this summer. r{'ll Page 2 �o 1. Provide private security service, with a direct mobile i phone line to Police dispatch, to be funded by the restaurants and bars on a voluntary basis. 2. Assign two additional police officers on weekend evenings, to be funded by the City through overtime pay. These recommendations were discussed by the full EQAC on May 18, 1998, and by the full EDC on May 27, 1998.' Both committees approved the recommendations. Since the joint subcommittees and EQAC and EDC reviewed the recommendations in [his rezoa. staff has spoken with Bi!! Hamilton of the Cannery Restaurant about the likelihood of busi -ess funding of private security in Cannery Villaee. Mr. Hamilton represented EDC on the Bay`Mnt restaurant regulation suocommlt[ee, and was instrumental in organlZ!ng the Canner-Y, V!i'zze restaurant and bar owners to provide 07ivate security last year. He is not confident ,:nar. business owners would agree to fund Private security at this time. Because of a decrease in business, they do not perceive a need and do not have the funds for it. Staff Recommendations Stafi agrees with the committee recommendations with regard to noise. We have includec a proposal for additional code enforcement staff in the proposed budget for 1998 -99. We also used acoustical studies to assess impacts and prepare conditions of approval for two recer :t restaurant applications, Tommy Bahama's and Joe's Crab Shack, and found this aooroach to be very helpful. Captain Newman of the Police Depa:,ment attended the joint subcommittee meetings, a -d advised that additional presence of bock private security and Police officers could help cont-ol off -site disturbances. However, it is not reasonable to expect that additional personne! would see and prevent every potential disturbance. The Police Chief agrees that additional personnel would be helpful, but believes that the City's efforts in alcoholic beverage outlet regulations are more likely to be effective in addressing this issue over the long [e—.n. There *ore, it is appropriate for the City Council to consider funding additional Police officers in the context of other budget decisions for 1998-99. Staff estimates that the overtime for two officers working four hours On weekend nights through the surnmer would cost approximateiv 58,500 to 59,500. SHARON I WOOD Assistant City Manager P1 1 i December 18, 1998 Project File 211 -00 Q� Mr. Clayton Shurley Riverboat Restaurant U 151 East Coast Highway O Newport Beach, CA 92660 C/) Subject: Evaluation of Noise Levels Generated by Outdoor Dining C/) Activities at the Riverboat Restaurant Dear Mr. Shurley, The City of Newport Beach has requested that an acoustical study be provided as part of the process for obtaining a permit for outdoor dining at the Riverboat Restaurant. This report has been prepared in response to the City's r-1 request. Accordingly, the following sections will provide a description of the outdoor dining events. discuss the applicable noise standards, provide the •F *–'i results of our observations and analysis, and provide our findings and recommendations. Outdoor Dining Events The Riverboat Restaurant has applied for a permit to hold outdoor dining events on the upper deck at the bow of the boat. These events occur sporadically throughout the year and typically consist of small lunch or dinner parties, and the occasional wedding. Such events do not occur after 10:00 p.m. During the summer months a regularly scheduled Sunday brunch is provided on the upper deck between 10:00 a.m. and 2:00 p.m. The capacity of the upper deck dining facility is 120 people. Seventy of these people can be accommodated in the banquet room, and 50 people can be accommodated at the outdoor dining area. A DJ in the banquet room generally provides music for these dining events. On occasion a small live band provides the music, but the instruments are not amplified. There are no performing artists or loudspeakers permitted at the outdoor dining area. As indicated in Figure 1, the Riverboat Restaurant is located directly adjacent to East Coast Highway in Newport Beach. The nearest residences to the upper deck dining facility are located on Linda Isle about 300' to the west across the Lower Newport Bay. City of Newport Beach Noise Standards With respect to controlling noise intrusion from restaurant activities, the City of Newport Beach has two sets of standards: Chapter 5.28 "Live WA Wieland Associates Acousdcai Consalrao!s 23376 South Pointe Drive Suite 11; Laguna HjUs. CA 93643 Tel: 939829 -6722 Fax: 949/829-6670 DLNVielandCsol.com www.wielandWoc.com ti TUELILIVD ASSOCL4TES, L`!C Location of the Project Site 1 �i RIVERBOAT RESTAUR.�NT Protect File ' 11 -JO Entertainment Establishments'" and Chapter 10.26 "Community .Noise Control. " Each is briefly discussed in the following sections. Chapter 5.28 Section 28.040, Paragraph B(3) of Chapter 5.28 states "The premises within which the entertainment is located shall provide sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property or public right- of -wav or within anv other building or other separate cunt within the saute building. '" The standards of Chapter 5.28 apply only to live entertainment. Noise from recorded entertainment, jukeboxes, televisions, etc., is subject to the provisions of the Chapter 10.26 noise ordinance standards. It should be noted that the Chapter 5.18 standards are qualitative, or subjective, in nature. That is, there is no quaniiiiable limit on the amount of live entertainment noise that can occur outside of the restaurant. oniv char is can't be heard at the adjacent property. Chapter 10.26 The City's noise ordinance standards (Chapter 10.26) state that the allowable average exterior noise level experienced in a residential area as a result of activities at the outdoor dining facility shall not exceed 55 dB(A) for any 15-minute period during the daytime hours of 7:00 a.m. to 10:00 p.m. During the nighttime hours of 10:00 p.m. to 7:00 a.m. the standard is 50 dB(A). The maximum instantaneous noise level that is oe-mitted is 75 dB(A) during the daytime or 70 dB(A) during the nighttime. If the ambient noise level exceeds these standards, then the ambient shall be the standard. [Noise Afeasurem en ts C/� Measurements were obiained at the rear yard of 92 Linda Isle on the evening of -4..j December 2, 2000 in order to identify the noise levels generated by a typical dinner par -Y CV at the Riverboat Restaurant. This location provided direct line -of -sight to the Riverboat • r•� Restaurant. On this occasion, several tables had been set up inside the banquet room and (� at the outdoor dining area. There was also a small live band inside the banquet room. OBecause of the chilly weather the outdoor dining area was enclosed with a transparent vinvl awning. The vinyl material was of sufficient thick-tess to provide some mitigation of mid- to upper frequency noise levels (e.g., speech and some musical instruments) generated at the outdoor dining area and in the banquet room. During the measurement, notes were kept to document the events occurring at the outdoor dining facility, as well as the events that were audible on Linda Isle. U r�•i Our observations on the evening of December 2 "d indicate that the predominant noise source in the area is traffic on East Coast Highway, Occasional boats passing the �1 measurement site, aircraft taking off from John Wayne Airport, and activities to the parking lots across the bay adjacent to East Coast Highway generated additional noise. On two occasions the sound ofsilvenvare striking a plate was briefly heard from the Riverboat Restaurant, but was not measurable above the ambient traffic noise. RIVERBOAT RESTAURANT Protect He 'I i-OU Analysis As indicated in the previous section, because of the cold, damp weather on the night of the measurement, an enclosure had been placed over the outdoor dining area, providing some unknown amount of attenuation of the noise levels. Also, most of the partygoers tended to stay inside the banquet room to avoid the cold. Therefore, it is unlikely that our observations were representative of the noise levels that will be experienced during the warmer summer months. To estimate summer noise levels, an analysis was conducted using published data and standard prediction algorithms. It should be noted that the analysis only addresses the noise levels generated by activities at the outdoor dining area since the noise levels generated by activities in the banquet room are expected to be insignificant in comparison. For the purposes of the analysis it has been assumed that 50 people are dining or, the upper deck (i.e., maximum capacity). Published data' indicates that a raised male voice produces a sound level of 65 dB(A) at a distance of 3' and that a raised female voice generates a sound level of 62 dB(A) at the same distance. Projecting these values to the distance of the homes on Linda Isle (about 300') yields a sound level of about 25 dB(A) for a raised male voice and 22 dB(A) for a raised female voice. Assuming that halt of the people (or 25) are talking at any given time, the combined sound level from activities on the upper deck is estimated to be about 36 to 39 dB(A). The average ambient traffic noise level experienced at the homes on Linda Isle varies considerably with time and day of week. However, as indicated in the analysis of Appendix I, the average traffic noise level is estimated to be about 58 dB(A) during the daytime hours of 7:00 a.m. to 7:00 p.m., and 55 dB(A) during the evening hours of 7:00 Cf] p.m. to 10:00 p.m. Thus, the noise levels generated by activities at the outdoor dining facility are expected to be about 16 to 19 dB below the ambient traffic level. Assessment oflinpact U Based on our observations and analysis, the following may be reasonably concluded with 0 regard to the impacts associated with outdoor dining events at the Riverboat Restdurant: • The noise levels generated by the outdoor dining activities do rot exceed the City's Chapter 10.26 noise ordinance standards. • In general, the noise levels generated by the outdoor dining act - ;ities are not expected rr—± to be audible at the homes on Linda Isle. However, the noise levels may be audible on occasion during lulls in traffic, if the diners are especially boisterous, or under certain atmospheric conditions (such as Santa Ana winds, low humidity, etc.). �V "Handbook of Acoustical Measurements and Noise Control;" edited by Cyril M. Harris. n 5 Q� 4— CV U Cif `.J Q.� RIVERBOAT RESTAURANT P,oleet File _i' -00 Mitigation Measures As indicated in the previous section, the outdoor dining facility is expected to achieve full compliance with the City's quantitative noise standards, and substantial compliance with the City's qualitative noise standards. Given the nature of the outdoor dining facility and the relatively close proximity of the facility to the Linda Isle residential community, it is not considered practical or feasible to guarantee full compliance with the City's Chapte- 5.23 requirements (complete inaudibility at the residences). The atmospheric variations in the area (e.g., wind patterns, humidity, inversion lavers, etc.) only add to the difficulties of guaranteeing compliance. However, the audibility and potential for annoyance can be reduced with the following administrative controls: I. Activities should not be permitted on the upper deck before 10:00 a.m. or after 10:00 p.m. 2. Performing artists and DJs should not be permitted at the outdoor dining area.. 3. Amplified musical instruments and PA systems should not be permitted at the outdoor dining area. 4. When necessary, restaurant staff should instruct their patrons to lower their voices in consideration of the nearby residents. 5. The Riverboat Restaurant should designate a contact person who will be responsible for responding to community complaints regarding noise impacts. The contact Derson should be on site throughout each event on the upper deck. I£a complaint is received during an event, the restaurant's contact person should take whatever reasonable steps are necessary to resolve the complaint. Conclusion Based on the results of our study and analysis, ii is concluded that the outdoor dining events at the Riverboat Restaurant comply with the City's quantitative noise standards, and achieve substantial compliance with the City's audibility standards. It is not considered feasible or practical to guarantee full compliance with the City's audibility standard. However, recommendations have been provided that will minimize the audibility of the restaurant noise levels, and therefore the potential for annoyance. Finally, and perhaps most importantly, there must be an understanding that the noise impacts cannot be completely eliminated. Cooperation between the City, the Riverboat Restaurant, and the homeowners is essential in order to minimize armowance. ji RIVERBOAT REST. {( FUNT Project File _11 -0U We appreciate the opportunity to provide you with this report. If you have any questions, please feel &ee to call us at 949/329 -6722. Sincerely, rnnclpal (-onsuttant 1 U O Pi c� (1) 6 7a APPENDIX I Traffic Noise Analysis �LJ U O I c� 3 T n G' r LI - G 2:1 = - (_ - - si LI G - (_ - - si _ - IsiRl �I I i _ _� '� n P R11 Z - - - UE :1 ' Z N 'f. J P R11 UE � 1 ire DATE: FR0'Lv1: RE: LOCATION: AUTHORITY CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 PLANNING DIRECTOR'S APPROVAL Planning Commission October 20, 2000 Patricia Temple, Planning Director Temporary use of outdoor dining area of an existing restaurant. Aoolicanc Clayton Shurley, on behalf of the Newpon Riverbc'%.: Res taurant 151 East Coast Highway Section 20.60.015 B of the Newpon Beach Municipal Code provides that the Plannine Director may authorize the temporary use of structures and land in any commercial, industrial, or planned community district "or a period of time not to exceed 90 days. ACTION: Temporary use of outdoor dining area of an existing restaurant. _ ^e duration shall be for a oeriod of no more than 90 days. The cables and c'nc.: s will be olaced or the upper decks (stern and bow) in conjunction .vich the daytime meal service and specia! events. The use will be from October 27, 2000 to January 24, 2001. Said use will be subject to the following: Conditions: The applicant shall obtain approval of the site plan/table and chair location from the Fire Department prior to the implementation of this approval. 2. No pre - recorded music or live entertainment shall be permitted in the outdoor seating areas unless an amendment to Use Permit No. 3551 is approved by the Plannir.; Commission. _. The use of the outdoor dining area shall cease at 7:30 p.m. daily. A building permit shall be obtained from the Building Departrnent to comply with tix Uniform Building Code requirements for safety rails and access cc the decks. 5. A Special Event Permit issued by the Community Services Department and the Planning Department shall be required for special events or activities (sa:d Special Event Pemit shall be completed and submitted to the Community Services Department at least 30 days prior to the date of the event, unless other arrangements are made with the City' 3300 Newport Boulevard, Newport Beach ✓ �3 .J departments, to allow adequate time for City departments to review the application and to impose additional conditions of approval). 6. That all doors and windows on the side of the building leading to the outdoor dining areas shall remain closed white any approved indoor live entertainment is being performed. 7. This temporary use shall terminate upon evidence that the facility is operating in violation of any of the above conditions of approval or upon receipt of unresolved complaints. S. This temporary use shall be allowed for a period not to exceed 90 days (ending Jana,., 24, 2001), after which it shall be removed, unless the appropriate outdoor dining and an amendment to exisiing Use Permit No. 3551 is Fusi a pproved by the Pla %n: Commission. This aoo oval cannot be extended. Prepared by: EUGENIA GARCIA, MCP Associate Planner Attachments: Appendix Plot Plans Cc: Applicant To file: Use Permit No. 3551 Property Owner: Newoort Harbor Nautical Museum 1 5 l East Coast Highway ,Newport Beach, CA 92600 /mod APPEt�FDl� Background and Analvsis The Municipal Code (Section 20.60.01 5B) requires that temporary uses or stntctures are subject to the approval by the Planning Director prior to placement or implementation. The proposed outdoor dining, use will serve patrons during, a portion of the daytime operation while the permanent approval for the outdoor dining is obtained. The applicants have provided the attach -4 plot plans describing the locations. Prior to implementation.. the applicant is required to submit the plot plan to the Fire Deparnvenu for review and approval. The applicant must also satisfy the insurance requirements. SiafT has no objection to the temporary outdoor dining use for the following reasons: • The outdoor dining, use will be utilized in conjunction with the existing restaurant. • Stair has limited the duration of the outdoor dining use to 90 days from the date of :his approval or until approvals are obtained for accessory outdoor dining, permit and an amendment to the existing, use permit is approved by the Planning Commission. F'-L'S E BS' PL \- l P D -C P` PD -A ?P 3' i i ; ECG I✓ Riverboat Restaurant 151 E. Coast Hi;hway Newport Beach, CA 92660 (949) 673 -3425 September 7, 2000 Patty Temple Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92660 Re: Application to Amend CUP 3551 Dear Ms. Temple: Please consider this letter as a part of my application to amend Conditional Use Permit 3351 for the Riverboat Restaurant. The purpose of the amendment is to allow outdoor food and beverage service unti l 10:00 p.m daily. Currently, we are restricted to indoor dining only. The area of outside dining that we want to use are the Texas Dec!:, which is the upper level of the Pride of Newport. Our permit from the Alcoholic Beverage Control already allows such use outdoors until 10:00 p.m. Condition 2 of the CUP states: "That the `net public area' of the restaurant shall not exceed 2,000 square feet and the outdoor area shall not be utilized for dining, seating, food or beverage service. Any increase in the size of the restaurant/cafe portion of the facility shall require an amendment to this use permit." The reason we want to provide for outdoor food and beverage service is to meet the demands of our guests. We mistakenly believed that outdoor dining was allowed and did operate for over two years with only one person complaining of noise on rare occasions. Since we learned that our CUP does not allow outdoor dining, we have brought evervthing indoors. This has resulted in a 20% drop in our business and a reduction in staff by four employees. One of the types of outdoor use we would like to have is our popular Sunday Brunch from 10:00 a.m. to 3:00 p.m. Our patrons enjoy the gorgeous views of Newport Harbor and prefer outside dining, weather permitting. Throughout the year we provide the catering for dozens of special events by the Newport Harbor Nautical Museum, many of them outside, such as the reception for �Y Endeavor. Also, we get many requests for wedding receptions and anniversary parties, as well as corporate and community functions. A partial list of community groups include: Speak Up Newport Newport Beach Fire Dept. Boy Scouts of America Navy League of the United States Orange Coast College Staff UCI Athletics Opera Pacific Newport Harbor High Navigators Newport Harbor Area Chamber Newport Beach Restaurant Association Children's Hospital of Orange Co. Orange Coastal Commission Newport Balboa Rotary Club Orange County Business Council Newport Beach Library Foundation City of Newport Beach Staff Newport Beach Exchange Club Newport Beach Lions Club Toastmasters Hoag Hospital 552 Club Orange Coast Board of Realtors Make A. Wish Foundation Ensign Jr. High Navigators Newport Beach Visitors & Convention California Restaurant Association American Cancer Society NMUSD Parent Teacher Association. South Coast Metro Rotary Club Newport Aquatic Center Aids Foundation The typical event is over early in the evening and the patrons are well behaved local businessmen and women in local civic and charitable groups. Nearly all of the alcohol served is wine with dinner or champagne with brunch. The Riverboat Restaurant is owned and managed by my wife Sandy and myself, and we also live in Newport Beach. Given the type of food and beverage service we offer, with no outdoor amplified music, we request that the Planning department waive the normal requirement for an acoustical study, which is quite expensive and we feel unnecessary. On behalf of all of the local community, professional and charitable groups that enjoy dining at the Riverboat Restaurant aboard the Pride of Newport, we look forward to your favorable review and approval of this application. Sincerely, Clayton Shurley Proprietor cc: John Noyes �� 1 September 6, 2000 City of Newport Beach Planning Department ATTN: Genia Garcia 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 Re: River Boat Restaurant, Newport Beach, CA Dear Ms. Garcia: It is my understanding that there has been some concern about the operation of the River Boat Restaurant at the Pride of Newport in Newport Beach. That concern seems to be dealing with the issue of noise or activities unacceptable to the community at large. Please let it be known that I have not experienced any activities at the River Boat Restaurant that would be considered unacceptable in the community atmosphere. The noise levels from the restaurant are basically undetectable- Their operation on the upper Texas deck for Sunday brunches has been most enjoyable and seems compatible with a general restaurant use with wonderful views presented here in Newport Beach, I feel the River Boat Restaurant has been a good steward of the City of Newport Beach's business community and we support their'activities at the Restaurant. Very Truly Yours, v /- -, - S"I"i" Willard E. Dunlap WED /kj ;scG =iVED BY p! AI`lNING D= PARTIMENT x.11 - c -p 'i 2 2000 Pi�'1 Ail , ': I 718 19 110 11 111 -2 111: � ; \ I N:\Bill Dunlap \MiscV?iver Boat Restaurant 9 -6 -00 Itr.doc t!_ tv f IVA. U W Tn m I Y !"may w .0 l�� ^J 7� G �1 O t(U Y ^^ v ti W , y (S Q� Y IN _ L ^ < Y W :1 ^ d J. G •Y Y K c w W S .0 0 :X IB r� V }�� Y J W •Y rrU O '1I Cpl } O i ypWCiY der•' %''i.l C J j � W'C � • Y t- Y 12t \. V . A LL W .0 :X IB r� Y •Y O '1I Z/N �`.-, der•' %''i.l C J j i Y 12t \. .. J3 Bayshores Community Association 17300 Redhill Avenue, Suite 210, Irvine, CA 92614 January 12, 2001 City of Newport Beach Planning Department 3300 Newport Blvd. Newport Beach, CA 92663 RE: Use Permit No. 3684 and Permit No. 78 (January 18, 2001 agenda) Dear Planning Commissioners: The Bayshores Community Association would like to express their views on the above referenced Use Permit that we understand is on your agenda for your January 18, 2001 meeting. The Bayshores Board as well as numerous residents have reviewed the proposed Use Permit to permit accessory outdoor dining along with acoustical entertainment in the outdoor areas on the property located at 151 East Coast Highway, Newport Beach, CA. While the community supports the Nautical Museum and activities to raise revenue, we are strongly against the Use Permit as we have significant concerns about the potential for noise pollution that is likely to travel across the water and would be an intrusion of the personal life of all the residents within the Bayshores Community. The Board of Directors would request that when the Planning Commission reviews this application, it keeps in mind many of the same issues that have been previously expressed by residents living on the bay during Use Permit hearings for Windows on the Bay and The Cannery. Thank you for your consideration of our concerns regarding this application. Cordially, ON BEHALF OF THE BOARD OF DIRECTORS BAYSHORES CONL'VIUNIT-� ASSOCIATION Steve Link, President city] The Emmons Company P.O. Box 19530. Irvine. CA 92623 (949) 752 -2225, Fax (949) 798 -0367 MEMORANDUM To: Planning Commission, City of Newport Beach FROM: Residents of Bayshores Community DATE: January 8, 2001 RE: Application for Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 for 151 East Coast Highway The following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/ museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential neighborhood. Signature Signature Print Name Print Name Address j Address (Phone Phone F C kl ✓ . - Signature C'xv -Ime- --/) . '�4-L Print Name ,)-79/ Address �?Ll1 s7�- ss 6 Phone ' Signature, �^ Print Name -�I- q i �6a\Js)io�� Address q9q- S'7 9 -S5L6i Phone �1 Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 8, 2001 Page 2 The following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential neighborhood. Si,natur� /)I/ A6/9/2e r s Print Name Address ' V 9- S WIT C% �nt Name /r �� !mac lee Dc Address Phone Signature F ' C' 2_ �, (, -, \ ) V Ll \ Print Name Address `1�i5 G "C, - -90 2C phnnP rk o t, P , L�'K 11 Print Name 26' -:?) Address Phone �n Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 8, 2001 Page 3 The following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant /museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential neighborhood. Signature Print Name Address (Ei�' t,g - - C, Phone 1 & t r I Signatur `, Print Name �A Ct Zg JJ1C�K1 Address Phone Signature Print Name Address Phone SigJ 6r�/ Print Name 27J -5 1 11]C� Sv l0 t'� -Dr— Address 6qL -379 Phone 1n Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 8, 2001 Page 4 The following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance d impair the enjoyment of their properties and would detrimentally affect the quality of r sid neighborhood. Signature �'_- re Print Name Print Na e Q L-de Address Address Print Name Address 7 tz� C!/ Phone Phone Signature �IySCi`r1 L7G.Y \C�V� Print Name Address q`1q 515- S �Si i Phone %D Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 8, 2001 Page 5 The following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential neighborhood. Signature , Signature Print Name 1 Address 1 °" I L (- Z ;'� - 4 z `I c Phone <, f -- J'v Signature Print Name Address Phone H RZ`tANJ 14 1"1 Print Name ,Z7 � / I � (::�-\1Sl7O IZt Q Address Y149 Phone rnnc lvame ` ddress l q" x-31- 15' 3 Phone Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 8, 2001 Page 6 The following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/ museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisanceand impair the enjoyment of their properties and would detrimentally affect the quality of then residential neighborhood. Address Phone G Signature r , Print Name X17 3,2 )aA!5 kc, r,- _I Or : Address Phone Print Name 1 Z-7-31 J Address % Phone J4Zk���� Sigr(ature�� Print Name J7J /Toni.? e,?y30 Phone T �: Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 8, 2001 Page 7 The following residents of the Bayshores Community hereby advise the Beach Planning Commission that they are opposed to the granting of a permit to Riverboat Promoters for a permit which would allow acoustical entertainment in the Newport Newport outdoor areas of the existing restaurant/ museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential neighborhood. Signature A-2- Print Name sz Address Phone Signature . -B2urr—>- �2 Print Name Address %�49 Phone Signatur .Z- d Y C.�•� %�� ��1 Print Name Address rZ,/� Phone Signature / 2y //V Print Name Address Phone Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 8, 2001 Page 8 The following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/ museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential neighborhood. R GJa, Signature / CJ R`7 J C GZ- A-P F�-- Print Name FO I rr� R t S /h.<.45 e��- Address r7— 6- rlk-/% (,1`ri�C3 �vs sva� �8�s Phone Signature Print Name Address FYI Phone Signature Print Name X121 2)o Address )i R S� 6uQ 'b� gan r -��/ / ure Print Name Address Phone Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 8, 2001 Page 14 The following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/ museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential neighborhood. Signature �iANr� �RDKFP Print Name 2 oS BPUE)hc�F—S Address Phone Signature ;� LAJ�--- Print Name Address Phone Signature Print Name Print Name 20,91 p)�5eWz:� Address Address _ '(1 563 7"D GYr i— %�� —�%C( 7 Phone Phone J + i Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 12, 2001 Page 15 The following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential neighborhood. Y ��.� 7'12CZ2L�vt: Signature O r �4 Iv� C- r i I Y Print Name �/1 n Address qy�9 C.ya9��o� Phone n 1 .1� 1 A T Siiknature 1 Print Name r \,7r \ 1 IC Q-11) -,�, .Address T Phone L4 Signature P;4- rrt.T-cit GGi2��tLi� Print Name Zf 4 / Address y q.I - 6 so - Z216 Phone St ature I i \ar\iC'L Print Name Address I (s(� �ZDZ�l Phone r n Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 12, 2001 Page 16 The following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restauranUmuseum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of th residential neighborhood. J /! //. Signature li, U r /1 Print Name C-- ill I/, /1O DVi V-t P vddre�e Address Phone ,5i.-nature Print Name c161 Address G/ , Phone , Si -2nature Print Name Address Gyy- G -/ �, -:3 -7Z Phone 1� Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 Ianuary I2, 200I Page 17 The following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant /museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential neighborhood. i /Signat— e Print Name JIT Address 7 / Phone Si.-nature L i� �R S4 Azv Print Name Address Phone Phone Signature _ Print Name ll Address Phone 'e /�GVtGra� .�y Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdwr Dining Permit No. 78 January 8, 2001 Page 9 T"ne following residents of the Bayshores Community hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaumnu'museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential neighborhood. Sig —wre Signature Print Name Pant Name Address Address t Phone Signature Print Name Address Phone 2L 35741/ Phone Signature Print Name Address Phone MEMORANDUM TO: Planning Commission, City of Newport Beach FROM: Residents of Anchorage Apartments DATE: January 12, 2001 RE: Application for Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 for I51 East Coast Highway The following residents of the Anchorage Apartments hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/ museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of th =sidential environment. Signature ,'� Signature Print Name Print Name Address Phone Signatur Print Name Address J Phone Address 9 y g � 5' G o YZiS Phone "' Signature Print Name Address Phone l') Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 12, 2001 Page 12 The following residents of the Anchorage Apartments hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential environment. Signature Print Name Address Phone Signature J Print Name ,n - l' 1 ( r /' 1. Address Phone ui oa E) ,0�\—k Signature V f \ N �� , �,,`r\ Print Name Address q 4- Phone Print Name% t LD Q0 Address Phone Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 7anuary 12, 2001 Page 11 The followin.- residents of the Anchorage Apartments hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential environment. ' I Signature Signature Print Name Az�:T— Print Name Add j 5z GG3 Address Phone Phone Si--g--nature Print Name Address 333,.3 Phone Signature e,6 k i'l nv to Print Name Address Phone Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 January 12, 2001 Page 2 The following residents of the Anchorage Apartments hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant/museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential environment. Signature Print Name Address qb - '► %LE Phone AV Signature -Q-�P NO -3 Print Name Address Phone Signature Print Name ) ?-I?J- OV: G- / Address 9gg-&(16- USG Phone Signature Print Name 5,;5 AWE-" Address Phone Memorandum to Planning Commission Re: Use Permit No. 3684 and Accessory Outdoor Dining Permit No. 78 7anuary 12, 2001 Page 3 The following residents of the Anchorage Apartments hereby advise the Newport Beach Planning Commission that they are opposed to the granting of a permit to Newport Riverboat Promoters for a permit which would allow acoustical entertainment in the outdoor areas of the existing restaurant /museum facility. The signers of this petition believe that acoustical or amplified entertainment would create a nuisance and impair the enjoyment of their properties and would detrimentally affect the quality of their residential environment. Signature Print Name ^ � C P C'ti'�tla4t /Ji1 ,mil - 7 Address r Ji 6Y6 °15G Phone Signat re �1 P1 - KC-- , Ro-i Print Name Address Phone Signature Print Name Address ggC4 Phone Signature Print Name Address Phone S, r1r��r�Pe : TO: Planning Commission of the City of Newport Beach FROM: Board of Directors of Linda Isle Community Association RE: Application of Newport Riverboat Promoters for Use Permit No. 3864 and Accessory Outdoor Dining Permit No. 78 on property located at 151 East Coast Highwav DATE: January 13, 2001 PUBLIC HEARING DATE: JANUARY 18, 2001 The Board of Directors of Linda Isle Community Association has reviewed the above application and hereby advises the Newport Beach Planning Commission that Linda Isle Community Association is opposed to the granting of such permit to Newport Riverboat Promoters which would allow acoustical ;entertainment in the outdoor areas of the existing restaurant/museum facility. We believe that the acoustical or amplified entertainment would create a nuisance and impair the enjoyment of Linda Isle residents' properties and would detrimentall; affect the quality of our residential neighborhood and the quality of life in our community. The Board would further like to express that although our member are generally Friends of the Museum, we are concerned that it appears that the majority of the space, time and effort being spent on behalf of the Riverboat property is being used for purposes related to its use as a restaurant, catering and entertainment facility rather than for museum purposes. Your cooperation in rejecting this Application will be greatly appreciated. Very truly yours, Donna L. Viana President, Linda Isle Community Association =- .IVD =y 101 Linda Isle P_ ^'Nti'it C D= "�`� '', '1ENT Newport Beach, CA 92660 (949) 675 -7475 JA!N 1 G 2';ui A 0'r, PN1 78,9 11 211,21314 15 6 li.rd� 9:1e Conv�u�p i�aoci�tio+� - /•✓ucnoa� .l3c�o% - G1�oa.u� 92E6o Lee C. Sammis 94 Linda Isle Newport Beach, California 92660 January 10, 2001 City of Newport Beach Planning Commission 3300 Newport Blvd. Newport Beach, CA 92660 Re: Notice of Public Hearing Newport Riverboat Promoters Use Permit No. 3684 Use Permit No. 78 To Whom It May Concern: RECEIVED BY PLANNING DEPARTMENT CITY OF NFWano- BEACH AM JAN 16 2001 PM 71819110111112111213j51516 We are strongly opposed to any stern dining of the Newport Riverboat Promoters, as we will be severely impacted by the noise. Sincerely, Lee CI Sammis oan H. Sammis PAUL T. SALATA 3723 BIRCH STREET, SUITE 11 NEWPORT BEACH, CA 92660 PHONE (949) 263 -0727 FAX (949) 253 -1141 January 11, 2001 Planning Department CITY I-LkLL 3300 Newport Boulevard Newport Beach, Ca 92658 -8915 To Whom It May Concern: I am unable to attend the Planning Commission meeting on January 18, 2001 due to health problems, but I wish to encourage the approval of Newport Riverboat Promoters per the enclosed card. Sincerely, Paul T. Salata Enclosure n�CEIV� =Y PLANNING DcP,",nTM!ENT CITY o= AC_I JAN 16 D0,01 A��1 PM S C HWARTZ 69 LINDA ISLE, NEWPORT BEACH, CA 92660 949 - 723-1 741 Planning Commission January 10, 2001 Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 920-58 Rte: Riverboat Promoters's CUP 3084, Request for Outdoor Dining Good Morning! We live approximately 100 feet directly across from the upper deck of the Rive,-bca Restaurant. Our bedroom is on the same level as the deck in question. We have wriaen of past and of late, current, violations to CUP 3551 issued in 1995. Attached is our !une 12, 2000 letter to the Commission. The letter prompted Charles Spence to contact us and to visit the Restaurant to investigate our allegations. He found our complaints to be valid and for short while, the restaurant stayed within the CUP requirements. The curl ent owner said he Wa Una`:Jare' of the CUP constraints. We jotted down some dates in 2000 when violations occurred: to name a few: 0-i17. E /20, 0 /21, 6/22, 6/29, 7114, 7118, 7/20...10/18, 10/20, 10/25 etc. The best bested ev= yt ^h e uptop from bbq's to parties. Clearly. CUP 3551 was ignored. December 30, 2 weeks ago. v ✓e had to phone the police after being awakened after 1 1--PM with tremendously loud music, replete with an.emcee, that kept us awake until after 11 P?JI when we had to report it. Who knows how late the music would have C�ntinu was the tent they erected on the upper deck for parties done so with a permit? As we write this letter at 8.30PM pm 1/9, there is a party on the outside upper deck. This upper deck is too close to our house to have commercial activities. Additionally, the side dock was installed without any notification to neighbors. The dock creates additional noise from commercial boats and private bcats of people partying as they leave the restaurant late into the night. Page Two Schwartz We should not have to be the "noise patrol" and monitor whether the Restaurant is complying with the law. It is stressful when we are awakened without being able to return to sleep. They have not honored the CUP in the past and past behavior being a good indicator of future behavior, they will not honor the new CUP. We are entitled to peace and quiet in the neighborhood and as time goes on less and less attention will be given to the CUP constraints and we will once again have to spend time complaining and losing sleep. New owners /management will claim ignorance of the CUP as did the current one and the whole cycle will becin again. Further, newspaper ads ;rave touted "outdoor dining ", cu-door beer brunch" (see attached ad dated June, 18, 2000) and "planned outdoor buffet brunches" (see attached ad dated December 17, 2 ^00) all in direct violation of the current CUP. How can they be planning activities ahead or a new CUP? CUP 3551 clearly states: ... the outdoor area shall not be utilized for dining, seering, food or beveraee service..." The focus of CUP 3551 :vas the Museum, indoors, and encagsulateg inside the boat. Activity and emphasis has shifted ted to the Restaurant, we are sure, to enhance the ;, Dc::Jm line. We are requesting that CUP 3884 be denied due to the extensive reasons and examples given herein and in our June letter. We further request serious consideration be given to canceling current CUP 35.1 in view of the multiple continuing violaticns. Thank you, l �Jchn and Candace Schwarz xc: Newport Beach City Council F.t;NcQ`6 DAY I Riverboat serves `beer brunch' on the top deck Omelet. waffle and carving stations «ill highlight the Fathe -s Da% crunch ;undv at the Riyer'ooat Restaurant in Newport Bcach. Brunch will be se: -ed from 10 a.m. to ? p.m. on the too deck of the landmark sten- wheeler at 131 Coast Highwac. Guess coming by boat can also moor at the restaurants dock. The buffet brt'nCn On t'-C tCC deck includes bee: or champagne, A sit -dowm branch sect eel from S a.m. to 3 p.m. in the main dining room does not include beer or champagne. Resenacions are recommended for btu Father's Day branch. �o:ne of ;::e featured hot side dishes .%iil be mahi -mah with ❑:anon reiish and 5zarre biant, salmon cakes. ibs and brisket, as sell as blackened chicken with aniehukcs and mushrooms. The cold side dishes will inciudc saiads, pee! -and -eat s::nmo «it , cocktail sauce and ovs.ers on the hair- shelf. Chandeliers and red velvet cunains accent the Riverboat dining room. with champagne o- beer, the buffet w;.fl coac!ude with such desserts as peach cobbler. cheesecake. chocolate cove: ed SLrawremes and pcdt- lours. Red velvet curtains frame the windows of the main dining room, which also features booths. chandeliers and rose glass hurricane lames. R;verboai Restaurant ser+es lunch from 11 a.m. io 3 p.m. wedaesdac througn Saturday and is Coen for dinner from 5 to 1G p.m. �t'ednesday through Sunday. here is live music on Friday and Saturday evenings and at Sundae brunch. Arrangements can be made or weddings, banquets and special eve^ ti. For - ese,v,ations, call (9;9) ?cited ar ?3 per person, or 525 673 -347`5. WI J � i W J W � fie/ Z' W "I 1 I O r VV ct ^O I I al ----- .... LE JOHN SCHWARTZ 89 Linda Isle • Newport Beach. CA., 92560 • 949.723.1741 • Fan 949,723-1745 Planning Commission June 12, 2000 Newpor, Beach City Half 3300 Newpor, Blvd. Newpor Beach, CA 92058 RE: FPoverbcai Restaurant /Nauilca' Museum Good Morning! We resiCe a: 89 Linda isie anc are :tie �:.Csea "nelgnbGrs" to the r,Ove ^dai Museum. During one past two years we have waiCled the ouwoor ac- .vicies bn e OGai inc.-ease :C a _olrit inai we are now being seriously Inconvenienc2c. These are non museum acaviiies and are apoaren,!y overseen by the restaurant po rtion cr the boa :. 'Nee quc* -e Mr. W. William Ward's January 30, 199S r'emo: ",Ail ipec.ai events will be aboard ine bag and indoors ... The Museum ;s ;cularcy conCernec wlch s :ray noise car in n om m?52 d 425 anC events whiG', rnight disturb our - =s.Cen :ial ne!ghbcrs on I_;nca isle. Ir. :r5 rc?ard, eve-. :n? part:ES •.wlii ce SitiCly 11m!Ced In ambhflCatron i,r = n:er7z,nmeflC. \v'iecGngs wil! a! >J be III: ::z-, noise so ihat Our iMpac- on Cu. ;nbor: is minimize A recent ad reads: "Enjoy a roma ^tic wedding on the bay ... loca =n_ on :- a upper Leck. ... The Texts Deck is available for outdoor weocings, F0110wed by an Indoor re :[ion." ASO w=- are now seeing noilday ads iOr outdoor br„^Cne =. See ai '-:n =C -,vo acs. We Cie CUP i COr• =•t!Or Is celow. I . Condition .No. 2, ExhcI :i " ?.': 7w: me new public area be m re5a_i ant sCcL : -.CC =X=eec 2CiG0 square teei and the CLiriCol, s,,.a no, -:e L,-ukZe" ro% din/m, searing ICO✓ - -/- oev °, -So i2 /" /Joe, On May f S, n _.hn0, a large seating of pECOIE `Na: dining top OeCk GLts1dE. The boat As aSC ursLi. =d wind- break,n_ _lass around :tie top deck so ;_ec ;pie outside will be ComfCr --. IE. A7,v :. e?Sc „, --tie SIZe -�% C-te °Si?U2r%i�Cc %c S,iall %equi %e or :...? ^Gi^7E!ii f0 tit's �Se :7ermlr. VV= cainnc: find anv :rnenCimienu :o Permit 3551 caring one pas: yea-= and ielleve the ever- !ncre=sin? =, „ ex :zncinc a mimes are be, made /held wi: ^out a permdf ct .e' mEni. We've i0 feu c' y p..c ^e i, ^c ':;ilce be -a.:se Cf excessive nose CLASlde =_ _r ceck. When . ;zr es are n ='=. :re = are 1=- open ant: !c..0 dSCo music vow. Iii SOL ^c vales Our C2rrC= wln.cows ncr a -e bn tz iarne level as t7- upper party CeC:C and above '. 50 i__i away. l ne music aces not sop .-nod i". icni'gnc M. Me ; A!-y R &A Can still be part' ing on the top deck. This outdoor deck should no- be usec ano ine _Oofs snouid be :kept closed to :r.1s indoor reception area to abate the noise. L. Unaer r-!ncings of I`10 tuts dac=e May 4, 1995 - No. 0: Tea: ,-?e = ,)p%ov_, ,, Jye i 2 J Page 2 - will not, under the nncumSzances of rhis case, t)e detnmenoY ro the health, szlery, u=Ice. M01215, comfort and genet/ welfare a persons residing and working in the neighborrccc ... 3. No. 8 in the Minutes: %nac no temporary "sandwich "signs shall be permitted, eirher on -site or off- site, to zdvemse the res zuranr /acilry Outdoor banner are now being displayed top deck advertising must, dinner, free admittance and /or weekend 'brunch. The red/wh teiblue July 4 wraparound banner is now year'round. No. 18 in the Minutes: Tour rte noise rrom me orcposed museum ant cafe shall oe confined co r ,e la 4e,e)& of sruc;vre. This I ^as absolutely not been adhered to, see above cornments. Additionally, since the restaurant side dock was built, Commercial party boats olow to e!r wrestle: to gather their customers, creating yet more late night disturbance. No. 11 or uIie Minutes: i- °c'r/G c pllf ourno rscunc/Sys,e,' ' /CUGSOe k 's 01 ✓aglrg sySiem Shair c,e permiceC in conjunction 'r it,^ ,e aniiry, nor s zll a, 7olified 5oucd .7e ;lo ere ^Il�e-- toe anare frcm <ne /nienor of tre sz Lr ure. Again, this condition is being violated. S. No. 23 to Lhe Minutes: i �.at rt-e cnn/ng CommISSICn may cdd C0 or modify COnClilOnS of zpprovzl io th15 use permit, or : ecOn- 117e%d rC the Cltj Co -'7701 ine 2vCQ ?tOn O/ ir%IS :,5e Der7?ir UROn ceren 71nericn r,-,at the goeraricn SvhlG IS ine sL'C /C i Ci ?,�ls me('o Ca Uses /Ln �, Or is oecrimenra' to L'�e heali. ^, scle! >', o.e3c:: , yr -'a. C✓,"' /O . O/' ?°,ner3l 'Ne,l c! ✓ ^l :: It would appear that the or gene.! intent to limi *, ac;w ues has gone awry. i he restaurant Is orrering more and more zovities on the too dec< and reception area and we reel that as summer a-r roaches, this will increase. We are in full support of the museum -ut are concerned ^at our peat' is ping encroaches by the upper deck aotiviiies. Since our lave night peace and quiet is being increasin,ly cornprorusc we ask that are investigation -Ie conducted Into what we perCe,ve as violations to CUP 3551. We will await your findings. Cordially, jonn anc Can.-ace 50,1wac :z xc: City Council Member, Mayor John Noyes Atz: 2 ads 'O / Riverboat serving brunch on deck, in dining room ,Illt'rI. t,:if lc and earvin;`, �171u n, a 111 hlghligln Ihr %h lhrr, ILn hnmch to ht- senrd Sund:lr .n II Ih,nlhut R,>taurum In \iulnrn 1leach. There will be swings at 9. 10 .old I I a.m. and noon. as well as I .rtt,l _' it Ill. In Ihr main dining room and on the too deck of the landmark stem" heeler at 151 E. Coast Highway. Guests coming by boat can also moor at the restaurant's dock. Some of the featured hot side dl,hes Hall be mahi -mahl with mango rch,b :md bram M-1m. ,amnion t:Ikr, rth,.md Irr'r.l,.'I wrli :I, hl.,, krncd , lo, h," 1 ,vnh aruchukr,.md mu,hroom, The cold ,IJr di,lw, it dl include solids. prtd- .utd -c:u shrimp with eoekt:nl >.utrr and nesters on the halloh,:IL Priird at $23 per person or 52° .n per person with champagne, the buffel will conclude with such dvsserts as peach cobbler, e hvcsccake, chocolate- covered stra"Iberries and petit- fours. For reservations. call (949) 673 -3425. RIVi,RII( ,\ - RES I ":IIIRa; \'T— f ?njuc a ro- Illalllll' „ "rl (IIII� nil Ihr hn,' it the Rk,r- bunt Re,t:utr:uu. a «.Ilirlrunl iI:tscic Io- curtl nn the Ilpprr and Lnvcr dv, k, of the 1:161dou, I'Iidr uJ Nct,port paddlcwhc0, -r. < linos will the Grand S:dou u'l th Its Vii - Innan .un hl.lnrr. rlr::anl chortdrficr:. .u'crtl ,00donlh .old hulk ul wutduw's ucrrlunhul,� the h.t% I "Iw lccas D,-,k is .ICallahlr for ,ul .nuduur ul'Ihlllt„ lulluu'cd 6c ,In Indom rr, rplum I6i >ontptuous rui'mi: 1, 1),, pm,d by Clief Lanniv of Like Ul:id,s, Loul>I.ul.l. 944 -c173- 3425. January 10, 2001 Planning Commission City of Newport Beach Re: Use Permit No. 3683 and Accessory Outdoor Dining Permit No. 78 To Whom It May Concern: RECEIVED BY PLANNING DEPARTMENT CITY nF '74C� AM JAN 1 7 2Uu1 PM 7181911011 i11rr1 i I�131 =1516 I am writing to express our concern re the permit applications by the Newport Riverboat Promoters. As one of their closest neighbors, this expansion would make it impossible for us to enjoy our backyard As it is we are unable to do so whenever the have an outdoor catered function that includes entertainment, and must keep all our doors closed (regardless of the weather) if we are to hear our own television. (Going to bed early at those times is not a possibility). To think of that situation as a nightly event is not tolerable. Furthermore, I would like to be informed as to the original conditions under which this property was donated It seems that the majority of the space is being used for purposes related to its use as a restaurant and catering facility and only a small area for museum -only purposes- We have tried to be good neighbors and have refrained until now from complaining, even when they have infringed on the enjoyment of our owrt property, but the proposed expansion is totally unacceptable to us- We sincerely hope that you will consider the effect of this permit on all the nearby residents and decide not to approve it. Mr. & Mrs. O'Connor 90 Linda Isle Newport Beach, CA 93660 Cc: SB X90 7� Robert and Mary Pike 2888 Bayshore Drive -PH Newport Beach, CA 92663 January 19, 2001 Planning Commission City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RECEIVED By PLANNING hE DEPARTMENT TMEA CITY 0 CH JAN 2 4 200, PM A�1 718 19 110 In I Ip 1112131=1516 RE: Newport Riverboat Promoters- application for use permit No. 3684 and accessory outdoor dining permit No. 78 with acoustical entertainment. Gentlemen: We oppose the Newport Riverboat Promoter's application for the above permits. We live directly across the bay from their riverboat Newport Harbor Nautical Museum. On two separate occasions in the past, without permit, they had a live band play on the outside deck of their "museum" for one of their outdoor partys. In both cases, even with the doors and windows closed, we were very disturbed and called the city to complain about the noise they made in our quiet residential neighborhood. In the first instance we were told the "museum" did not have a permit for live entertainment and that many others had complained as well. We were therefore quite surprised when they did it again and again without permit, having already been once warned. We learned too from the city that many others had again complained. So now we are shocked that, with obvious disregard for the residential community they are adjacent to, the "museum" would make application for outside partys and outdoor acoustical entertainment permits. We strongly request that this not be allowed to happen. As an aside, but as a further example of the Newport Riverboat Promoters disregard for their environmental responsibility, we would like to point to their failure to turn off the four rows of bright light bulbs which surround the perimeter of the boat during this electrical power crisis in California. These "museum" lights stay on through midnight, even in the wake of the rolling blackouts that have recently taken place in the north. Very rely Yours, 1 � Rgbert & Mary Pike c� THIS PAGE INTENTIONALLY BLANK Jk THIS PAGE INTENTIONALLY BLANK /00 City of Newport Beach Planning Commission Minutes February 8. 2001 INDEX SUBJECT. Newport Riverboat Promoters Item No. 1 151 East Coast Highway Use Permit No. 3684 • Use Permit No. 3684 Accessory Outdoor • Accessory Outdoor Dining Permit No. 78 Dining Permit No. 78 A request to permit outdoor dining in conjunction with the operation of an Continued to existing full- service restaurant /museum facility. The outdoor dining areas will be 08/09/2001 located on the stern and bow sections of the boat and will be used for lunch and evening food service, closing at 10:00 p.m. Chairperson Selich noted and staff agreed that the applicant has withdrawn the request for acoustical entertainment on the patios. At Commission inquiry, staff noted that there have been no complaints that they are aware of at Mama Gina's. Noise complaints have been received from Joe's Crab Shack when they first opened and had operable windows. That problem seems to have been corrected. There were also noise complaints from Windows on the Bay from their outdoor patio. The closing hours were after 10 p.m. and later on the weekend, probably 1:00 a.m. The acoustical study dated in the staff report has a typographical error on the date. The report date should have been December 2000. Public comment was opened. Clayton Shurley, 618 Tustin noted that the acoustical report was done in December 2000. He noted that for the last two years he has been doing outdoor dining. They had requested the music for weddings, which usually take place before dark. However, due to the letters received from the community in opposition to music, they decided to withdraw this request. He wishes to work with the community and neighbors. The outdoor dining would allow them to compete with other restaurants and allow them to continue to have the community functions. Additionally, this would allow for the larger functions to go outdoors. The restaurant closes at 10:00 p.m. He noted that he has read, understands and agrees to the findings and conditions contained in the staff report. Chairperson Selich noted that one of the reasons there has been success with the noise control at Mama Gina's is that they have a double door situation. Is that something feasible you could do? The double doors make for an airlock system. Mr. Shurley answered that would be difficult. It was recommended to install a six - foot Plexiglas wall around the deck to alleviate any noise concerns. The sound study noted that even with a live band inside, there was no reading over the road noise on Coast Highway. I feel that with the seamless Plexiglas wall, it would alleviate any noise concerns and save on the doors. Senior Planner, Mr. Campbell added that after observing the structure, theoretically it is possible to install the double doors. If the new doors were inside 2 ,n/ City of Newport Beach Planning Commission Minutes February 8, 2001 the existing doors, they would reduce the amount of area for banquet seating. If they were outside, you would basically be changing what the boat looks like. Jon Schwartz, 89 Linda Isle directly across from the boat noted his opposition. The restaurants mentioned across from Lido Isle are on a wide channel. I would invite anybody here to come to my home and listen to the noise. Music vibrates my windows at times. I have called the police on numerous occasions as well as Code Enforcement who have measured the sound and caught violations of the previous CUP. The restaurant continues to open the doors. It is too close to my home. No matter what they put up, the sound will carry. I have no problem with the stern deck activity, but on the bow deck it is too close to my home and bedroom. I request that you deny this use permit. At Commission inquiry, he answered that he moved to that location about seven years ago, the music goes on until after 11:00 as well as conversations; was only there for a short time when the Ruben E. Lee was there and had no problems. When the doors are open it makes a big difference than when the doors are closed. Doug Liechty, 93 Linda Isle noted that he had called the police on numerous occasions since they moved there. He noted the packet of material he presented to the Commission. Continuing, he added that the acoustical study done on December 2, 2000 was done while a vinyl awning was in place. Without the vinyl awning, the prevailing westerly winds cause conversations to be carried and heard down the channel. The reference to Mama Gina's is different with an airlock situation. They have the glass barrier covered by an awning. There are very few people out there after dark. I think the stern wheel section would not have the some noise problems that we have from the bow. i would request that you deny having the outdoor dining on that upper deck on the bow. At Commission inquiry, he noted that the Ruben E. Lee had been there for several years prior to his buying his home. Marshall Steele, 2149 Orange Ave., Costa Mesa, the Facilities Manager at the Newport Harbor Nautical Museum spoke in support of the application. He noted that the complaints noted by Mr. Schwartz were from parties held during the holidays. Mr. Shurley had obtained a special permit for those events and was in compliance at that time. The police have taken some of their breaks in our parking lot and if there had been any problems, would have responded. The police have my home number and I respond to any and all complaints to do with the Nautical Museum. The site sound study was done during the month of December because that is the busiest month for catering parties. The Texas Deck, which houses the bow and stern veranda, was used for numerous private parties. We host several functions as a museum, most notably the Chili Cook off. At that time we had a band in the parking lot and up to 1,000 people. We did not receive any negative comments from Linda Isle or Bayshores at that time. Overall, Mr. Shurley and the Nautical Museum have done an exceptional job to get along with our neighbors. As facilities manager, he is responsible for the upkeep of the site. He added that it would not be feasible at all to install baffle doors aesthetically either inside or outside. Additionally, it would create problems with the ADA regulations as well as the Fire Department. There would have to be 3 INDEX /b Z City of Newport Beach Planning Commission Minutes February 8, 2001 INDEX enough space for a wheel chair to enter one door, stop and then enter another door. That would require at least 48 to 50 inches. The overhang of the building is approximately 30 inches so we would have to add on to the roof. It would decrease the space inside, as well as there is a rise that goes from the interior to the bow veranda that would need some sort of enlarged ramp. There is a small ramp there now. The museum owns the boat and the restaurant is leased. Commissioner Tucker noted that the only change that is being suggested is the replacement of the four -foot screen with a six -foot screen? He was answered that is correct. Continuing, Commissioner Tucker stated that we obviously have some people here that are complaining about noise. Do you think that they are ultra sensitive, do you think there is no noise, I mean why are they here complaining about noise? Mr. Steel answered that obviously there is some noise. We have tried very hard to comply with the CUP. Commissioner Tucker stated that is the question, are you complying? There is an ability to make some level of noise that, while it might bother some people, it is not something that will cause this body to ask the restaurant to do more than what is required in our ordinances. For us, we have a noise study that seems to say there is going to be some noise, but this is not an actionable level of noise, but it was studied in the winter with a tarp around the facility. The six -foot screen is not something that was part of the noise analysis and it is hard to know what we would be getting if we went along with this. I am looking at the noise study that says there is going to be some problems, you can't guarantee that there is not going to be some level of noise and that needs to be compared with how much noise is allowable before you step over the line. It is not entirely clear from the evidence that we have been presented where we should come down on that issue. I don't know that I am in a position to really understand which way to vote on this thing based upon what I have heard and seen. Mr. Steel answered that Mr. Shurley is willing to dampen the sound with the Plexiglas and I don't think that the Board of Directors would be opposed as there is some Plexiglas up there now that until now with this complaint seemed to be working. All we can do is try to do our very best. We are a community museum and this museum is actually owned by the community and supported by the City. We are willing to do whatever the City tells us and whatever else we can do to comply. Until we try the additional Plexiglas and see how it works, I have no other answer. Phil Glasgow, past President of the Nautical Museum and on the Executive Committee of the Board of Trustees stated I am here on behalf of this application and to encourage your support. We have been working hard with the restaurant for many years. We are aware of the noise problems in the community. The restaurant has been made aware that is our key priority. The Pride of Newport is a museum and a key team member of that museum is the restaurant. We have over thirteen community service organizations using it. We have the tall ships; 4 ink City of Newport Beach Planning Commission Minutes February 8, 2001 HMS Embark Endeavor here; and have had hundreds of children come to see the museum. As a board we are well aware of the noise problems and doing whatever we can. We do not intend to allow music outside. The bow and stern areas use of tables and chairs is a necessity and support the museum. We do know every function that is coming as all requests for the boat are reviewed by the Board of Directors. We will support the additional Plexiglas and if we can find any other ways to dampen the noise we will go ahead and do that. At Commission inquiry, he answered that the double doors would be more of a problem from an aesthetic point of view, as the boat is built to look like a riverboat. To put a double door there is going to stick out and look weird and would not fit into the character of the boat. We can go back and talk to the architect, but I don't think it is feasible. We have worked hard to keep the aesthetics even when we put the new air conditioning system on there recently. Since this is a nautical museum and our heritage we are putting the history of the harbor in there. We could put double pane glass in there to help reduce the sound. Commissioner McDaniel noted: • Riverboat restaurant is a landmark in Newport Beach. • It has been there since 1963/1965 before any of these houses were built. • People come from all around to visit. • It is right off Coast Highway. • There is plenty of parking. • You were alone out there prior to people coming down and building around you. • People come to have outside dining and enjoy the harbor. • All the people complaining this evening should have known that there was a restaurant there and that there would be some noise and at 10:00 p.m. it is a pretty reasonable time to quit. Commission Kiser asked how many of the special functions use the outdoor bow deck in the evenings versus lunch type uses. It seems that most of the problems relate to the folks who live on Linda Isle. Their main problem appears to be with the bow deck and not the stern. I wonder if we could restrict the time. Mr. Glasgow said it would vary because of the different functions. We have toned down the number of functions to keep the noise level down. The functions are reviewed and approved by the Board of Directors to make sure that we are in compliance. A lot of those functions do not last that long. Some of the functions are community functions like our service clubs that are gone earlier or you have a Chamber function that starts at 5 and by 7 they are gone. It just allows us the ability to expand out. If we don't have that, they all stay inside. We also look at the number of people coming on board and every function needs to tell us how many people will be in attendance. We look at those numbers because we are a museum first and our team member is the restaurant and it helps us by providing income to the boat. But the Board does watch what is done. INDEX /-0 Vr City of Newport Beach Planning Commission Minutes February 8, 2001 Micheal Lawler, 1515 Cumberland Lane, attorney for the restaurant, noted the following: • Plexiglas in place now is only four feet high and is primarily on the starboard side of the boat for wind protection. • It is not acting to attenuate sound right now. • A full six -foot high Plexiglas around the entire bow as suggested by staff, I am certain that would be very effective in eliminating the sound. • This request is to have outside dining only. • This restaurant is not the kind that attracts a rowdy crowd. It is not a late night crowd. It is corporate parties, civic organizations, charitable groups, weddings and service organizations. Commissioner Tucker asked about six feet versus eight feet. In terms of the music I think if it were taller it would knock down most of the noise of the guests out there. If the Plexiglas was taller, it might mitigate some of the noise impacts of the music coming from the inside. Mr. Lawler answered that sound travels straight. If the wall is six feet high it will block out the linear voice projection if someone is standing. The staff report requires or recommends a minimum of six feet. Maybe it could be more, but I don't know what the costs would be. We could go back to the acoustical engineer who did the sound test and get a recommendation of the optimum height. Commissioner Kranzley stated that there is a condition that we have added to a number of our outdoor dining permits that actually lowers the level of certain sounds that have a tendency to be most annoying by 5 decibels. Would you be willing to accept that added condition? Mr. Shurley answered what would the requirement be or what would I need to do that? Commissioner Kranzley stated that we had Wieland Associates do a review of our noise ordinance and they felt there were certain weaknesses. They felt that if we added this into the noise ordinance itself it would actually improve it quite a bit. So, I have tried to do it since we haven't reviewed the noise ordinance and have added it to our restaurants. Mr. Shurley answered that we are willing to work with the City and the neighbors to accommodate them as much as possible. Mr. Campbell read the condition. 'In determining the project's compliance with community noise control ordinance, Chapter 10.26 of the Newport Beach Municipal Code, each of the noise level standards specified in Section 10.26.025 and 10.26.030 shall be reduced by 5 decibels for simple tone noise such as a whine, screech or hum, noise consisting primarily of speech or music or for recurring and pulsive noise such as hammering or riveting'. The 5 dBA would lower the number for residential. INDEX /nom City of Newport Beach Planning Commission Minutes February 8, 2001 Mr. Shurley answered that is not a problem. Commissioner Kranzley asked if a sheet of Plexiglas in front of the door would help the problem. Mr. Shurley answered that might be a good idea, but the Fire Department would not approve it. I think the best thing to do is make sure that we keep the doors shut at all times and put the Plexiglas wall up. He added that any change to the hours of operation or loss of space would have a great impact on him financially. Banquets are the most profitable part of the business and being able to have functions up there is mandatory to be able to stay in business. The restaurant can operate just fine down below, but without that other portion of the business we can't compete in this area of Orange County in the Mariner's Mile with all the other restaurants that are in place and be able to turn a profit. We have to have a certain amount of volume to exist. We have been greatly damaged by this program already and nearly went out of business. Being able to put the Plexiglas up and pay all the fees just to be here tonight was a major expense for my family and me. We are willing to do whatever is required to make the City happy as long as we can do it and operate as a business. I appreciate the neighbors' concerns, but we are a restaurant and to be able to operate profitably, we need that deck that we have been using for two years. I talked to the Police Department and they had one complaint called in on their file and that was prior to starting two years ago. I don't know who has called the police, but they have not called me and I am the fellow who can make a change immediately. At Commission inquiry, Mr. Shurley noted: • The double door system would be a problem. • The stern deck is not used much as it does not facilitate the banquet room. It is only a small area and can not accommodate a large group. • Closing at 8 p.m. for weddings would be fine. Commissioner Tucker noted that the use of the outdoor dining is a temporary use. My sense is that there is not a noise problem with the wall, although I wish you would consider having that a little higher. I would suggest that we extend that temporary permit for another six months, you go ahead and put up the Plexiglas, you reaffirm your noise statistics to see if it actually ends up working and we will look at it six months from now. What that would do would give you time to work with your noise consultant who would perhaps advise you on the height of the Plexiglas and when you come back to us, we will have some data that wasn't taken during the winter and we can reach a conclusion. Mr. Shurley agreed. Commissioner McDaniel noted his concern of putting all the restrictions on this application, when all the noise is not his. The highway noise with diesel trucks and motorcycles is very loud and how can you make the distinction? INDEX /U City of Newport Beach Planning Commission Minutes February 8, 2001 Mrs. Wood answered this is true. What the noise consultant found is that the ambient traffic noise was often as loud or louder as what was coming from the restaurant. He has told us that there are some kinds of noise, such as speech, that are more offensive to human beings and that was the reason to suggest the additional 5 dBA penalty that is being proposed. I heard from the testimony that it is not just music that the neighbors have heard, but conversations of the patrons. Chairperson Selich noted his concern that the noise study was done during the winter and not the summer when the deck is used a lot more. Also. that it was done with a tent over it and the consultant used subjective analysis to come to a conclusion. Public comment was closed. Chairperson Selich asked about parking. When it was operating as a restaurant it was required 148 parking spaces. Now, it is required 94 spaces. 44 for the museum and 50 for the Riverboat Restaurant. There is a total of 310 parking spaces on the site and when you add in the marina office you have 274 spaces, so you are not using up the entire 310 spaces for the uses. If you take the 94 from the 148 you are still 18 spaces short. How does this parking work and who owns the lot and did they give away their right to the 148 spaces in the event they wanted to turn back to a restaurant in total in case the museum ever left? Mr. Campbell noted that the parking is not assigned to any one particular use in the table as noted in the staff report. We wanted to make sure that if it was expanded to have more seating area there that the site had enough to support everything that is there. That is the purpose of the analysis, it has nothing to do with assignment of the actual spaces. Mr. Shurley added that The Irvine Company owns the parking lot. Mama Gina's and the Yankee Tavern are a fair distance away from us so they do not use our parking area hardly at all. There is a tremendous amount of spots that are not filled. There is on upper parking lot as well where the police are nightly. The arrangement with the parking is that the Museum has a lease with The Irvine Company on the parking lot. I don't know how many spaces they actually have. Mr. Glasgow added that when we bought the boat, we got the land through a lease with the Irvine Company, both the upper and lower lots and we share some of that with the marina that is right next to us. That is all exclusively ours, but we have never filled up the parking except with the Endeavor function and have more than ample parking for any museum function and the restaurant. We control the parking. Commissioner Kiser noted his support of this application with the additional condition that after 8 p -.m. for the operation of the bow area at any event at which there was loud entertainment or amplified sound would not be permitted. It seems that if this was throughout the week and on weekends, it would allow INDEX City of Newport Beach Planning Commission Minutes February 8, 2001 special events throughout the day and weekends and yet would also solve the problem of the swinging door it that bow area was not allowed to be occupied at any time other than the hours of 10:00 a.m. to 8 p.m. Commissioner Agajanian noted his support of the application with it coming back for review at a later time. I am happy with the Plexiglas wall, I don't think the double doors will tit, and I agree to the restriction on the hours. Commissioner Gittord noted her agreement with Commissioner Tucker's suggestion. Motion was made by Commissioner Tucker to extend the Planning Director's approval through August 15, 2001 and add the condition that the minimum six - toot Plexiglas be installed and continue this item to the first meeting otter August 15th. Chairperson Selich asked it the motion could include that a noise analysis be done during the summer months. (To be added to the motion.) Mrs. Wood suggested that this be brought back to the first meeting in August so that Mr. Shurley would not be operating unlawfully otter August 15th. (To be added to the motion.) Commissioner Tucker said his motion included that the outdoor dining shall stay 7:30 p.m. daily until the Plexiglas is installed and then the hours can be extended to statt recommended hours. The applicant agreed. Ayes: McDaniel, Kiser, Agajanian, Selich, Gittord, Kranzley, Tucker Noes: None Schulien Building Parking Lot 711 Begonia Avenue • Use Permit No. 460 (Amended) A request to amend a viously approved use permit which allowed the establishment of a commercia rking lot on a property located in the R -2 district, to amend the hours of operatio 6:OOAM to 11:00PM, where the current conditions limit the hours to 7:30AM to 6:OOP I . Assistant City Manager, Sharon Wood reported that sta as received a letter trom the applicant withdrawing this application. Mr. Brion Jeannette, architect on the project noted that he had been conidsi late this evening by a member of City staff who had asked him to ask for 9 INDEX Item 2 Use Permit No. 460 A Continued to 03/08/2001 r THIS PAGE INTENTIONALLY BLANK //0 Riverboat Restaurant/Museum 000M1 250 R 200M1 \ \ 150M1 \ 100 M1 VB� 50M1 1 'y 001- 1; � o re. k m \� 89 91 92 93 88 Proximity Analysis THIS PAGE INTENTIONALLY BLANK //Z THIS PAGE INTENTIONALLY BLANK /iY- 02108!2021 14:47 9497231745 Planning Commission Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92658 SCHWARTZ RE: Riverboat Promoters's CUP 3684, Request for Outdoor Dining Good Aftemoonl PAGE 01 February 8, 2001 Fax 2:50 PM As an addendum to our recent letter of January 31, 2001, we cite Required Findings 20.91.035 of Use Permits.... 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the Public health, safety-peace. morals—comfort or welfare of persons residing or working in or adiacent to neighborh_ of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The CUP being requested violates all the requirements of the above regulation and we respectfully request that CUP 3684 be denied. Thank you, John & Candace Schwartz 1 RECEIVED BY PLANNING DEPARTMENT CITY OF NFIPaono EACH AM I- co Q 6 2001 PM 71819110 !11112111213141516 S C HWART2 69 UNOA ISLE, NEWPORT BEACH, CA 92660 949 - 723 -1 741 Planning Commission January 31, 2001 Newport Beach City Hall 3300 Newport Blvd. Newport Beach, CA 92658 RE: Riverboat Promoters's CUP 3684, Request for Outdoor Dining Good Morning! We are the closest neighbors to the Riverboat and object to the granting of the above CUP. Taking into account the very close proximity of our home and the fact that noise amplifies over the water, outdoor dining and partying will destroy our peace and quiet. We are perhaps 75% closer to the boat than the Lido Isle residents are to their nearest commercial neighbors and they found the noise unacceptable! Notwithstanding the fact that no operator in the last seven (7) years we've lived here has been vigilant within the CUP parameters, we simply cannot police outdoor activities which we know will expand ever -so- slightly over time. Drinking and partying will not be monitored by the staff and we will be subject to loud, raucous festivities - we speak from past and current experience. As the doors are opened, music will emanate from within and the boundaries of the CUP will disintegrate. Since our January 10, 2001 letter, they continue to hold outdoor dining, for example 1/19 and 1/20, in violation of the current CUP! One would think in the midst of requesting a new CUP, they would adhere to the old one's rules. The bow simply cannot be used for their expansion of outdoor dining which they need to increase their revenue. Perhaps they can use the stern, away from residents, for their outdoor business activities. Please do not grant this unenforceable CUP. Sincerely, J nand C ace Sch� Newport Beach Cit CounciI Y All Douglas C. Liechty and Jean S. Liechty 93 Linda Isle Newport Beach, CA 92660 -7209 Tel (949) 675 -1134; Fax (949) 675 -1135 e-mail <jliechty @aol.com> January 20, 2001 Planning Commissioners Agajanian, Gifford, Kiser, Kranzley, McDonald, Selich, and Tucker City Hall; City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Re: NEWPORT RIVERBOAT PROMOTERS Application: Use Permit No. 3684; 151 East Coast Highway OPPOSE Accessory Outdoor Dining Permit No. 78 "OUTDOOR ACOUSTICAL ENTERTAINMENT IS PROPOSED" We object vigorously to the granting of the application for a Conditional Use Permit to engage in ACOUSTICAL OUTDOOR ENTERTAINMENT at the captioned location. We live here. We have lived here for 33 years. We sleep here. We are about 250' from the bow of the Riverboat. With our neighbors, we enjoy the reasonable expectation of peaceful occupation of our homes. Our experience with the lengthy saga of entertainment on this facility has proved to us that whatever Use Permit is granted and whatever entity is operating the Riverboat, the boundaries of that Use Permit are always exceeded, with the operators going beyond the restrictions they swore to the Planning Commissioners they would honor. The reason they do this: MONEY. They can make more money with the extended use: hours (beyond those permitted), expanded use of facilities ( "outdoor stern and bow sections "), and entertainment (acoustical or otherwise). As you have probably noticed, most restaurants around here have had trouble staying afloat (Speedway location for example). There have been a number of restaurant operators In the Riverboat facility over the years. All of them have had problems, and that's when they have exceeded their permitted use. There is a long and strong history relative to this facility. We are enclosing some of the most recent documents for your review. We suggest that the relevant regulations applicable to CHARTER BOATS in the harbor be applied (see enclosed packet). RATIONALE: Sound carries and amplifies over the water, particularly with the prevailing westerly winds. Yours very sincerely, r Douglas C. Liechty Jean S. Liechty 93 Linda Isle Newport Beach, CA 92660 -7209 Telephone (949) 675 -1134 Fax (949) 675 -1135 October 7, 1998 Jeffrey D. Littell Shell 0. Smith, Ph. D., Museum Director Board of Directors, Newport Harbor Nautical Museum 151 East Coast Highway Newport Beach, California 92660 RE: UNACCEPTABLE NOISE LEVELS: USE PERMIT VIOLATIONS ONCE AGAIN, on Saturday night, October 3, 1998, at 11:30 PM, it was necessary to call the Newport Beach Police to report intrusive, outdoor, amplified music and noise levels from your facility. This continuing ruckus Invades our homes, our bedrooms, our sanctuaries, rendering sleep impossible, and disturbing our peaceful use of our property. In the purely monetary arena, while this facility is being operated to gain income, our property values are being substantially and negatively Impacted by violations of your use permit. The ongoing regulatory discussions regarding these permits always seem to raise the accusation that persons opposed to these uses are "anti - business" and "anti- development." Then It is pointed out that, "If you choose to live on the water, you must expect it to be noisy." THE ISSUE, in fact, Is that after 30 years of experience in this location, with various and sundry restaurant operators, we KNOW, that ALWAYS, without exception, the uses EXCEED the limits placed on them by the City of Newport Beach permit process. It is a problem that Is seemingly without end. Dr. Smith, while your letter of August 27, with your Invitation to lunch with you and your staff, and your Invitation to volunteer to work for the Newport Harbor Nautical Museum, is appreciated, we do not consider it a substantive response to our letter of August 17, and the Issues raised by that letter, and by this one. f /`G We will appreciate hearing from you. Copies of some of the previous . correspondence are enclosed. ::g ytrulyas Llechty Jean S. Liechty cc: The Newport Beach City Manager's Office The Linda Isle Community Association The Newport Beach Police Department // YiOf P ^�1�` ^ ^�NOiiii \_ N E W P O R T H A R B O R N A U T I C A L M U S E U M 27 August 1998 Mrs. Jean Liechty 93 Linda Isle Newport Beach, CA 92660 Dear Mrs. Liechty, I received your letter of August 1r and heard from Mr. Littell that you also contacted him. Your comments concern me Mrs. Liechty regarding our restaurant schedule and your misinterpretation of our financial security. It is our hope and goal to make this museum a vital part of our community; a place of beauty, a place of knowledge, a place of enjoyment — in short a place our neighbors in the community can gather and a place we can proudly show off to visitors. I believe we are fortunate to have such a beautiful location. The paddle wheeler has been in the harbor since 1963 and is the only floating landmark in Orange County. You may not know this but the Pride of Newport is very similar to the first commercial vessel that called here in Newport Harbor in 1870. It pulled up to load cargo directly across from our location, giving the Museum's location historical significance, as well as ambiance. It takes location and much more to make a successful community enterprise. For a small private, non - profit museum this is a Herculean task. It takes well thought out exhibits and educational programs. It takes an army of volunteers. It takes a dedicated team to steward the collections and make the facility a place that people want to visit. It takes money. We were very fortunate to receive two large donations in 1996. The first donation of $350;000 we used to renovate the Museum's interior and repaint the exterior. As you can see we are still not finished with the exterior painting and we are currently trying to raise the needed $100,000 tb finish the job. The second gift of $4 million was put into a restricted endowment. Each year the Museum receives a portion of the interest to help defray the costs of running the Museum. Currently, we are only staffed at 68% and our budget for the Museum is $500,000. The interest received from the Endowment defrays 60% of our expenses. To make up the difference and continue to strive toward our goals we need the support of Museum membership, the support of Museum admissions, the support of grants, and the support of our restaurant. We run a very tight ship here with everyone working as hard and as efficiently as they can. We all believe strongly in making our museum truly a "jewel of the harbor." The restaurant has always been open for lunch Monday thru Sunday and for breakfast on the weekends. It was also opened for dinner until last August. After August our evening events were strictly private parties, Our I i I hit <I Cirrt +l lliglnruf. ,Cptt�xn'! Rrudi. L'nli�irnliu 9 ?6fil1 7i -I r-N! G-i��•}'fi_ ;.bite. Cl -0! G-j�Kh'6i / � O closing was lamented by many and our ability to finally reopen for dinner this August has been very well received. Maybe you would enjoy coming over and seeing what everyone is so excited about. Would you like to join the staff for lunch? We'd be happy to share with you our plans and enthusiasm. Maybe you might even want to volunteer. I hope I have answered some of your questions and concerns. It is our hope that we are establishing a valuable community asset that will be around much longer than any of us. We need all the community's help to make our dreams a reality. We'd like to welcome you aboard our team. Sincerely, Sheli O. Smith, Ph.D. Museum Director Cc: Jeffrey Littell The Newport Beach City Manager's Office The Linda Isle Homeowner's Association Jean S. Liechty 93 Linda Isle Newport Beach, California 92660 -7209 U.S.A. Telephone _(949) 675 -1134 Fax (949) 675 -1135 e-mall <Ilechty@wenet.netb August 17, 1998 Jeffrey D.Uttell 18662 MacArthur Blvd., Suite 200 Irvine, California 92715 RE: NEWPORT HARBOR NAUTICAL MUSEUM Dear Mr. Littell: To say that I am disappointed in your recent addition of dinner service hours at the Newport Harbor Nautical Museum would be an understatement. However, I am even more disappointed that I relied on your representations In previous correspondence (see enclosed). This reliance was to our detriment. Technically, your statements were correct, at the time you were seeking your Conditional Use Permit. However, you apparently saw fit to change course. We received no notice of your Intention. I cannot believe that your non - profit tax exempt corporation needs the money. The announcements in the newspapers of your very successful fund raising has been the envy of every non - profit In the area (especially those of us who are working to help the needy). You are to be congratulated and.respected for that. These have been tough times for non - profits. Do these money- earning, entrepreneurial ventures jeopardize your non - profit status? You wrote to me on March 2, 1995, "The Museum very much wants to be a good neighbor to you and your fellow Unda Isle residents, and your support of the project is important to us." On July 20, 1995,, you wrote, "I wish to thank you for your support in obtaining our Conditional Use Permit from the City of: Newport Beach." I would appreciate receiving an explanation from you and your Board of Directors of the Museum, on whose behalf you purported to be speaking. Additionally, please tell me accurately what your intentions are regarding additional future expansions. Enciosures Yours very sincerely, cc: Newport Harbor Nautical Museum Z7i r tic q a ?_ O O g C L [ E C C a G �a u S O C I W 5 ON V1 E 6D _ V aL .a ro a W 9° q] O J_ i W L "'1n 966E OyC,O N7 ^�WU_Oq'OL >;2_GCCproO L� r O `EE Cma4l-p3'� p z'v `wm cc WVGi�a o` ~dC <i ULLV.0 L 0O L�O a 2 C J6 �4 •°0$�5+J"' ro�a0 E�umE N59N� DS.... .V a5 ��a�23 o.; mow`ocd NS vpp'o �'°vcN= d V 9 L G q 2` yJC =>,OO� yCV O�y+Q�O�OpO U az CH- E E. a 3 t a =`� S =� Iii E c W 22 w` o= w� °'ni E 3N V ua c 3 a o I ��vavo ttt a c z 0 33 O N sip 9 � a -�;;� • � 9 q ,qv q5 Sac � _ O m° °CF ILE n. m7 �.'iio A- 90, 0 G 0µc,9 •T� I�1nj LL mw "'pp . wRJ g yAo�3 4O tEv2qg� » E oaa = =3o 6n c 3 - Z /11 ro0 5 =u O°- v,.. IUovEa,' oc =ov3 VL c O N C S in a m G m '° c b °i En 'G /� Fy 6.:. d '_ , o _' O. v $ ° 9 v C U V '0O ,�N9>q CONrou O qL C•�N 0 c �y Tic � m�6,a U.5 o g I, 2 e E ° E�a.2 3"aav3�°Ln�o�v �m5 -c v�avE a_WE�1 Qo o_ 3� ;� o90 00 E ro`OO.q°6 E�at7,ro I "`��•O m c c � °iavro aI L 3O 3U v a 5_No ° Z 3y a w am3�i5 L g E a -_ '3.539 0 EO 3 �ow�ww ?q $,v�l in�a- GS mE3 m` 0.rwC,�a�y • Z wvc y9 o�5Z,r yyX o.ca9 din 0"EO iE a�O E }c a aaZ'E' o ya CBi U.�o dc'o,v$a O v2 vN ,3 /7 d Na rJS "d3 5 ro.c= -c o .Z'c (!�� m roAom�' °ro gi J.� �ro3.�°ra$y:.i vw 2,'.5 o'd E�c=y' o c "�`- Nautical museum receives- $4.7 million ■ Officials from agency with $300,000 budget say they can use interest from money to run the site, By Jennifer Armstrong, Daily Pilot Newport Harbor Nautical Museum officials announced Monday that they had received $4.7 million total from several museum donors — including a $1 million gift from the Harry and Grace Steele Foundation. For an operation. with an annual budget of $300,000, gar- nering . suchlarge donations is cause for cele- bration, board member William Blurock said. "This Puts us into the position to be one of the world - class nau- tical museums," he said. The museum relocated a year and a half ago to its new 14,000 - square -foot site on the old Reuben E. Lee boat off Coast Highway from a 1,500- square- foot site on Balboa Boulevard. The Steele Foundation gave the money in memory of Richard Steele, the former museum board member and son of the founda- tion's namesakes, who died about a month ago. That grant will be used to restore the boat that houses the museum, Blurock said. Basically, .the museum's oper- ations can stay afloat on just the interest that will be earned on the recent endowments. The museum board plans to use the interest drawn by the $4.7 million for maintenance and administration, Blurock said. i � f✓ JEFFREY D. LITTELL 18662 MacArthur Blvd., Suite 200, Irvine, CA 92715 U.S.A. (714) 9552710 • FAX (714) 955-2728 July 20, 1995 Mrs. Jean S. Leichty 93 Linda Isle Newport Beach, California 92660 Re: Newport Harbor Nautical Museum Dear Mrs. Leichty: By now 1 am sure you are aware of the consummation of the transaction relating to the acquisition of the former REUBEN E. LEE river boat by the Newport Harbor Nautical Museum. I wish to thank you for your support in our obtaining the Conditional Use Permit from the city of Newport Beach. Interior modifications to the first deck are underway at this time, and are scheduled f'or completion in approximately two weeks. We are creating a principal entry to the Museum, as well as a gift shop, and exhibition space. Other modifications include retrofitting a rest room to comply with the handicap codes. Exterior modifications include creating a ramp from the parking lot to the first deck gangway, and the installation of code legal parking spaces and access to the river boat. We also expect to begin painting the exterior of the river boat in the near future. We did have an extensive plumbing problem due to grease being left in the sewage sump and hose exiting the river boat. This required bringing in special equipment on site to assure that no spillage or contamination would enter the bay waters. Fortunately, this problem has been resolved. Our gift shop operator has been signed and has been busy purchasing inventory for the opening. I expect the restaurant/galley operator to be identified either late today or tomorrow. The interest in the food service operation has been surprisingly high. l am particularly excited to have quality operators joining the Museum operation to assure a quality experience when visiting the Museum. I have just consummated the acquisition of a rare ship model which I located in a private collection in New Orleans. The model is of a steam ship which carried mail between California and Australia. The model was built in England in the early 1900's, and is encased in a glass box which is 14 feet long and 8 feet high. The model has gold plated fittings and sterling silver pelican hooks for the life boats, and is a magnificent acquisition for the Museum. I know you will enjoy viewing this piece once it arrives at the Museum. JEFFREY D. LITTELL Mrs. lean S. Leichty July 20, 1995 Page Two A volunteer committee is busy planning a gala opening for the new facility, scheduled for September 22nd. I will forward details of this event to you as well as to the Board of Directors of the Linda Isle Community Association so that we have open lines of communication with our neighbors. I do know the gala committee intends to tent the parking lot and expects 500 people to attend the event. Naturally, we will be bussing people to the event from remote parking locations as the on site parking lot does not have the capacity to handle this many cars. I have relayed in no uncertain terms that the noise factor must me kept to an absolute minimum so that we do not disturb our neighbors. Don't worry, we won't have a rock and roll band for entertainment! Otherwise, we are busy with a myriad of details as well as fund raising. We have accomplished a great deal to date and expect the successes to continue. Hoping, this finds you well, I remain 1. LITTELL VA U" a a JEFFREY D. LITTELL 18662 MacArthur Blvd., Suite 200, Irvine, CA 92715 U.S.A. (714) 955 -2710 • FAX (714) 955.2728 March 14, 1995 Mrs. Jean S. Leichty 93 Linda Isle Newport Beach, California 92660 Re: Newport Harbor Nautical Museum Dear Mrs. Leichty: I received your letter dated March 12, 1995, today, with great pleasure. I am impressed with your having such accurate records of the attributes and detriments regarding the operation of the restaurant barge and the parking lot. I certainly hope the Museum will fill your file with pleasurable items from this point forward! Your comments relative to the pumping of raw sewage and untreated waste water overboard into the bay are shared by us all. It is now illegal to sand any surfaces of a boat or dock where the dust generated by the sanding falls into the water, and the fines are rather stiff. I know of at least one citation recently given in the bay by the Harbor Patrol and am aware of many other warnings. So, we will have to have special coverings and equipment when painting the REUBEN E. LEE to avoid making news for the wrong reasons. We are scheduled to go to public hearing in front of the Planning Commission on April 6th, and then file with the California Coastal Commission for administrative review on April 21st, or soon thereafter. I am also appreciative of your sending a copy of your letter to Mrs. Edda Berger, as I have also written to the Linda Isle Community Association Board of Directors seeking their comments and support. I am certain that she will be in contact with me soon. Again, please accept my sincere thanks for your consideration; correspondence, and support of the new home for the Newport Harbor Nautical Museum. 1. LPI'ITELL irector, Capital Development i , r7 JEAN S. LiECHTY NINETY -THREE LINDA ISLE NEWPORT BEACH. CALIFORNIA 92880' TELEPHONE: (714) 870.1104 FAX (714) 970.1130 March 12, 1995 Mr. Jeffery D. Littell 18662 MacArthur Blvd., Suite 200 Irvine, CA. 92715 RE: NEWPORT HARBOR NAUTICAL MUSEUM/ Conditional Use Permit Dear Mr. Littell: Your courtesy and consideration in writing to rue regarding your plans for the Newport Harbor Nautical Museum and its possible impact on us as close neighbors is most sincerely appreciated. We have lived in this (louse, which we built, since May, 1968, almost 27 years, so we have seen a bit of history on the property you describe, which is the subject of your request for a Conditional Use Permit'. Before we decided to build here, we checked the use permit of the restaurant boat, and felt that they were reasonable and that we could all co —exist very nicely. However, over the years, there have been subsequent users of that property that have sought to exceed that permit, without authority, and those actions have caused problems for the res'dents here on Linda Isle. Some of the problems we have had are: *** *Use of outdoor sound amplification: 1. An outdoor loudspeaker system th =:t would call people outside the boat to their tables ( "Mr. Smith, party of four, Mr. Smith. "). 2. An outdoor sound amplification s%1stem for music, both taped or recorded and live. *** *Use of very bright lights to light the outside of the boat, but that are directed in such a way that they shine ri,;ht into our homes, going all night long. * ** *Use of the outside of the boat for entertaining and serving refreshments. Many times people become quite boisterous and there will be a lot of yelling and screaming. There used to be a big ship's <ll on the boat that people, �S after a few drinks, felt it would be very jolty to ring, and ring and ring. Fortunately, the bell was either removed or "cisabled" several years ago, but it would be our hope that another bell that could be rung by people celebrating would not be added. W * * * *I do not believe it is even thinkable tha` a user of the boat property q'�� would ever again plumb the boat's toilets so .:hat they empty into the bay, but some one did it at one time, and got away .vith it for years. It would BN" be our position on this issue that the plumbi..; be developed according to Mr. Littell Page 2 March 12, 1995 city building codes, environmental responsibility, and common decency. As I look back through the volumnous file that has accumulated here, of correspondence regarding the boat, I find that at one time (May 11, 1992) we had to write asking for correction of problems related to the garbage dumpsters: they were overflowing, unsightly and attracted vermin. The truck came at 6:30 every morning to empty the dumpsters, waking everyone up over here. Sleep was impossible. When the wind shifted, the smell was most unpleasant. Also, there had been a flashing neon sign at the entry from Coast Highway, which went on all night long, into our homes, and was most annoying. There are pictures in the files substantiating the above claims. I will not send documentation of everything at this time, but if anyone wants to see it, I will be glad to make it available. At one time, too, California Recreation Company installed lights in the entire parking lot that glared into our.homes and bedrooms all night. Mr. Ed Power of California Recreation and his group were very kind to replace the lights, and I find in the file a letter to him of our appreciation dated February 4, 1992, from "all of us who live along the northwest side of Linda Isle." The new lights accomplished the goals of all parties. On October 29, 1988, the Daily Pilot published a copy of N. B. Ordinance No. 88 -37, Chapter 5.18, Marine Charter Permit. I have saved it, because it should also apply to the boat property for which you seek a CUP. I direct your attention to Section 5.18.045 Conditions. I am enclosing a copy herewith. The history of our relationship has a times been bumpy, but most of the time, with all parties recognizing the valid needs of the others, and respecting the laws and codes and permits in effect, we get along very well. Your letter enclosed only "additional information" relative to your appli- cation. The Ensenada Race Sendoff Patties can become quite boisterous. You state that the Christmas Boat Parade Parties._will be indoors. Please note that it is important that the boat doors be kept closed, because the sound of the music and loudspeakers inside the boat can be quite loud when carried over 'water and into our homes. Weddings can become very noisy, too, although they may have been planned with the best of intentions. I think you must realize that anyone who would want to live on Linda Isle is interested in boating. Many of us have a life -long love of boats and the sea. I personally applaud your vision for this charming landmark, and I wish you the best of success. I regret that I will be unable to attend your CUP hearing of April 6, but I am by copy of this letter advising Ms. Edda Berger, 52 Linda Isle, our Association President, as it is their standing to represent us. Thank you again for your courtesy. I look forward to helping you in any way that I can. Yours sincerely, �Jygv, cc: Edda Berger, Jean Watt, W. William Ward (/ /; 4 (� • � . L.cti C_ L.,,, Q LV d� y PifpT !b • v1 -SY PUBLIC NOTICE : r PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE _ 5. The applicant has misrepresented material fuels in the application: . 6. The applicant has, within the prettding ninety 1917/ days. failed to comply with a rondittun roprosd tin a yreva,u..)s ,a•c, d marine charter permit. B. In the event the License Supervisor denies the application, the applicant shall have the right to appeal this derision. w the City Manager, by filing a written appeal with the office of the City Manager within five (5) working days from the call' Un erhtch the applicant has notice of the decision, or at least two 12) working days before the date and time of the pruposed charter. whtchercr provides the must time for consideration of the appeal. The Citv Manager shall consider the appeal and render a derision svtthin twenty -four 04) hours (exclusive of weekends and holidays) from the date of the appeal. The dttiston of the CIIC Alanagcr shall be final. C. The term of the permit shall extend only for the duration Of the charter for which the permit was issued. Section 5.18.045. Conditions. A The License upervisor may impose any condition on the permit reasonably necessary )o insure Ihe'proptlscrl charter pt QcIves adequate parking facilities, does not create noise. does not pollute or litter the waters of Newport Bay, dor-s nut cr.:.te marine traffic congestion and dues not otherwise adversely affect the persons using. working in, or living around Newport IR,y Failure to comply with ohdtttons imposed On any marine charter permit shall constitute a violation of this chapter. B. All permits issued pursuant to this chapter are subject to the following standard conditions: 1. Adequate off-street parking shall be provided for all passengers on the bareboat charter or certificated charter: 2. No passenger loading or unloading is to Occur at any gas dock or public dock: 3. Passengers transported to or from the charter shall not be picked up from, or unloaded on. City streets: 4. All passengers shall be loaded and unloaded only from docks or piers in commercially -zoned distrtcts: mod. No amplified sound shall be allowed to emanate from the interior of the vessel: / . NO music or sound shall be audible at a point 50 feet from the hull of the vessel: 6lusit. live entertainment. and all forms of amplified sound are prohibited after 10:00 P.M.: �i .Air horns. whistles. bells. and other noise making equipment shall not be used; j9. All trash and litter generated by the charter shall be properly disposed of in private trash receptacle: 10. All charters shall operate in main navigational channel as far from shore as practical. and the route of travel must be at least IOU feet from any residence: I I. Each vessel shall be equipped with Coast Guard approved holding tanks for raw sewage: 12. All Federal. State. County and City statutes, rules. ordinances, laws and regulations shall be obeyed Section 5.18.050. Indemnification. Permtttee shall defend, indemnify, and hold City harmless from and against any loss. liability, claim. damage or injut ;v that is in any way related to the bareboat charter or certificated charter for which a permit is granted pursuant to this chapter. Scetton 5.18.055. Transfer Prohibited. No permit issued pursuant to this chapter shall be transferred. sold or assigned. Any attempt to transfer. sell or cosign iho Permit shall render the permit void and of no force and effect. Section 5.18.060. Penalty. Anv person violating the provisions of this chapter shall be quilty Of a misdemeanor. Section 2: The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after us adoption Section 3: This Ordinance wait introduced at a regular meeting Of the City Council of the City of Newport Beach held on the IUth day of October. 1988• and adopted On the 24th day of October. 1988. by the following vote. to -wit: .AYES. TURNER. PLUMMER. HART. COX. STRAUSS. SANSONE. MAURER NOES. NONE ABSENT NONE JOHN C. COX. JR., Mayor ATTEST: WANDA E. RAGGIO, City Clerk Published Orange Coast Daily Pilot October 29. 1988 Sa060 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE Of OEATH ness under the Ilclttous: NOTICE Of The registrant com- STATEMENT OF ANO Of PETITION cosiness name or names PUBLIC HEARING menced to transact buss -: ASANOONMENT Of TO AOMINIST ER - llsied aoove on SePlember BEFORE THE 'ness under the IIctaous USE OF FICTITIOUS ESTATE Of: '26. 19Ba PLANNING ;oustness name or namesi BUSINESS NAME MINNIE E. CHAMBERS Kelly Stomhouse COMMISSION ! listed aoove On N/A The following Persons ESTATE NO. This statement was lined! Of THE CITY Of Frederick D. Greenfield :have aoandoned the ,se of A145736 with the County Clerk Of Of-, FOUNTAIN VALLEY This statement was filed; the fictitious BVSInesS z alinevs. oenebGanes. ange County On October 20.; NOTICE IS HEREBY, with the County Clerk Of Of" Name. SANCO BUILDERS / (J� JEFFREY D. LITrELL 18662 MacArthur Blvd., Suite 200, Irvine, CA 92715 US.A. (714) 955 -2710 • FAX (714) 955 -2728 March 2, 1995 Mrs. Jean Leichty 93 Linda Isle Newport Beach, California 92660 -7209 Re: Charlie Brown's restaurant barge Dear Mrs. Leichty: By now I am sure you are aware that the Newport Harbor Nautical Museum is in the process of moving to a new home aboard the Charlie Brown's restaurant barge. I serve as the part time Director of the Capital Development Committee for the Museum and am in charge of the acquisition for the Museum. The Museum has filed an application for a Conditional Use Permit with the City of Newport Beach to occupy the barge, and the matter is scheduled for public hearing on April 6, 1995. Enclosed you will find a copy of the letter submitted with the CUP application which more fully describes the Museum project. Mrs. Leichty, my purpose in contacting you is two fold; first, to establish an open dialog with you so that your concerns are dealt with, and second, to offer to meet with you at your convenience to discuss this project. The Museum very much wants to be a good neighbor to you and your fellow Linda Isle residents, and your support of the project is important to us. Please let me know if you have any questions with regard to the project or if you desire to meet with me. Thank you very much. ,ITTELL �3/ January 30, 1995 Mr. W. William Ward Senior Planner Planning Department City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, California 92658 -8915 Re: Newport Harbor Nautical Museum Dear Mr. Ward: I offer the following additional information relative to the application of the Newport Harbor Nautical Museum application for a Conditional Use Permit to occupy the Charlie Brown's restaurant barge so that the proposed operation by the Museum may be more fully understood by the Planning Department staff and Planning Commission. Ownership Summary The barge will become the property of the Newport Harbor Nautical Museum. The barge rests on private tidelands owned by the Irvine Company, and public tidelands owned by the County of Orange. Leases for both tidelands areas will W assumed by the Museum, as well as the contiguous parking area which is also owned by the Irvine Company. Occupancy W.t The barge will be occupied by the Newport Harbor Nautical Museum which will have exhibit space, a meeting area, library, gift store and cafe. The enact location and square footage allocations for each of these uses is shown on the accompanying floor plan for the barg . naf Azc'd - �L Parking You have advised us that there is no specific criteria insofar as on site parking for a museum usage. The present use as a restaurant requires 166 spaces (Planning Dept. memo of July 25, 1984) and 202 parking spaces are currently available on the leased site. We anticipate that there will be significantly less usage of the on site parking by the Museum than by the Charlie Brown's Restaurant. Therefore, there is more than ample on site parking for the Museum. l3z Mr. W. William Ward January 30, 1995 Page Two Museum Operating Hours We expect to have the Museum open to the public as follows: Summer (June to September) Seven days per week, 10:00 am to 6:00 pm. Winter (October to May) Wednesday through Sunday, 10:00 am to 6:00 pm. We expect the on board cafe to be open 7 days a week, from 7:00 am to 5:00 pm. Employees There will be one employee operating the gift store and collecting admissions fees (the admissions tickets will be sold in the gift store) while the Museum is open. We expect to have one full time and two part time employees in the business office during Museum hours. Additional Museum staff consisting of Docents conducting tours for school children will be on site weekday mornings. It is unlikely that more than 9 employees will be on site at any one time. The cafe expects to have two morning employees, 4 lunch time employees, and two afternoon employees. Special Events The Museum expects to have 3 or 4 major charitable fund raising events a year on board the barge. We also expect to have 4 functions per year where special exhibits are unveiled which will be early evening functions ending by 8:00 pm. All of these events will be aboard the barge and indoors, however it is reasonable to expect to tent a portion of the parking lot for the Ensenada Race sendoff party and the Wooden Boat Festival each year. Additional special events such as Christmas parade parties aboard the barge will also be indoors. The Museum will be made available for incidental use such as weddings. Incidental committee and educational meetings will also take place aboard the barge. The Museum is particularly concerned with stray noise coming from these parties and events which might disturb our residential neighbors on Linda Isle. In this regard, evening parties will be strictly limited in amplification of entertainment. Weddings will also be limited insofar as entertainment noise so that our impact on our neighbors is minimalized. /? Mr. W. William Ward January 30, 1995 Page Three Alterations Physical alterations to -the exterior of the barge will be limited to the changing of the identifying signage. We have neither the desire nor the funds to make any exterior modifications. The interior spaces are almost instant museum spaces as.there are basically 5 different areas already existing. Minor modifications are anticipated for the 1st Deck public entry and the creating of a gift shop /entry control area. The kitchen area and cafe area indicated on the plan will be basically as they are today, excepting minor partition -modifications to separate the food service access from the Museum access. The 2nd Deck will, in time and when the funds become available, be opened up by removing the kitchen area and creating business offices along with a research library and exhibit rooms. At that time we will pursue the installation of a passenger elevator serving all three decks. All interior modifications will only be commenced after receiving a City Building Department Permit. Educational Tours The Museum will make a concerted effort to have a top quality children's program for ages 8 to 13 years old. Focal Point The Museum endeavors to be the focal point for yachting and nautical activities for the community, whether it be a special satellite down link to cover Dr. Neil Barth's (of Newport Beach) entry in the upcoming Whitbred Around the World Yacht Race, the Ensenada Race, the Model Room, travelling exhibits, or an anniversary of a significant event in the nautical history of the harbor. Additionally, the Museum endeavors to draw tourists to Newport Beach to view the collection in what is certainly the most unique facility in the nation. In short, we endeavor to become a strong asset and attribute to the community. In conclusion we are proud of our accomplishments to date and look forward to becoming a world class nautical museum. Cordially, JEFFREY D. LITTELL l3� -f 4-J dr ' •�ayo"cr�3r °' 5f 3 E v o u Qa�•3 E. �LEL.,R�y v � u a.t'e N r rl G 1i N en MO O .5 vA CO N K 0.5 W•EiC .. T 1 1 gj yZSt EN_U >' Y !f�' yov��o y vyR'vo T VOJ kd me Q C e •T y ,y L B C6 C6 V G T N d �1 V GO �•L � iQ .rp � N � > co • OL �•U U d O N •- ,� �E C' a `-S eoo U �/ �Eao"O`6IcE�= E =mcowu U u w_ E U u 0 N Y N SOLO ��3 NGN vi , o a g L'O 0 =6 e N r 7i Z5 v DU m Uo�•�o YcW w v \�\ r"'r am a�uwctiem� L= 0. L A E c� o E— OZ t4 p'�j ULU. G v z 3 o a „ >S m� z��o•� A� THIS PAGE INTENTIONALLY BLANK E V.b 136 3 -13 -01 - 1115 DISTRIBUTED AT THE COUNCIL MEETING BY PLANNING DIRECTOR TEMPLE, THESE FINDINGS AND CONDITIONS WERE NOT APPROVED BY COUNCIL. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3684 REVISED BY THE CITY COUNCIL, MARCH 13, 2001 Findings: The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designates the site for "Recreation and Marine Commercial' land use; and the existing restaurant is a permitted use within this designation. 2. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The approval of Use Permit No. 3684, will not, under the circumstances of the case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City, and would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code, for the following reasons: a. The proposed outdoor dining is consistent with the Land Use Element of the General Plan, and is compatible with the surrounding land uses. b. The existing on -site parking and circulation system is adequate to accommodate the proposed exterior dining areas. C. The limited hours of the outdoor dining areas should prevent noise from adversely impacting the residential uses in the area. d. The proposed outdoor dining expansion will not be located so as to result in a reduction of existing parking spaces because there is adequate on -site parking available. e. The outdoor dining area, as conditioned with limited hours should prevent noise from adversely impacting the residential uses across the bay since the proposal does not include any noise generating activities outside of the facility (i.e., speakers, live entertainment), which have been prohibited in the outdoor dining area. f. The control of noise can be achieved by the restrictions on the use of outdoor amplified sound and patio speakers and compliance with the provisions of the Municipal Code, Community Noise Ordinance. g. The proposal will not add a new liquor license to an over - concentrated area, providing only for the operational change of an existing restaurant with an existing alcoholic beverage license. h. The design of the proposed improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. i. Public improvements may be required of a developer per Section 20.91.040 of the Municipal Code. Conditions: 1. Development shall be in substantial conformance with the approved site plan and floor plan, except as noted in the following conditions. q 2. All conditions of Use Permit No. 3551 shall remain in effect, except as related to outdoor dining. 3. The outdoor dining for the restaurant shall be used in conjunction with the related food establishment and shall be limited to 1,200 -sq. ft. maximum (gross area) as proposed, unless an amendment to this use permit is first approved. 4. The outdoor dining area associated with the restaurant uses shall be limited to the upper third level hem stern deck as delia eEl ee the appreved site plaa eii'° and the use of the bow deck is limited to Saturday and Sunday brunch and in conjunction with the permitted Special Events noted in Condition No. 17. 5. The hours of operation of the outdoor dining area on the stern deck are limited to 10:00 a.m. to 9:00 p.m. Sunday through Thursday, and 10:00 a.m. to 10:00 p.m. Friday and Saturday. Any increase in the hours of operation shall be subject to the approval of an amendment to this application and may require an amendment to Use Permit No. 3684. The deck areas shall be closed and not utilized during the non - specified operational hours after 9:00 p.m. and 10:00 p.m., respectively. The interior restaurant operation shall be governed by the hours specified in conjunction with the approval of Use Permit No. 3551. 6. The area outside of the food establishment shall be maintained in a clean and orderly manner. 7. No outside paging system shall be permitted and a speaker system shall not be permitted in the outdoor dining areas. 8. No amplified music or live entertainment is permitted in the outdoor dining area. 9. A Special Event Permit issued by the Community Services Department and approved by the Police Department and the Planning Department shall be required for the following events or activities (said Special Event Permit shall be completed and submitted to the Community Services Department at least 30 days prior to the date of the event, unless other arrangements are made with the City departments, to allow adequate time for the Police Department and other City departments to review the application and to impose additional conditions of approval): a. Any event or activity within the dining areas of the restaurant which is contemplated not to operate with the sale or service of food and beverages as the principal purpose during the specified restaurant hours (i.e., conversion of dining area to bar service area during restaurant hours) which utilizes a majority of the dining area of the facility. b. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives shall be permitted to share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks. 9-9c. A Live Entertainment Permit issued by the Revenue Division, in accordance with procedures set forth in Chapter 5 of the Municipal Code, shall be required to allow live entertainment as incidental and accessory to the primary use of the facility as a restaurant. 10. All trash shall be stored within the building or within dumpsters stored in the trash enclosure, or otherwise screened from the view of neighboring properties except when placed for pick -up by refuse collection agencies. That the trash dumpsters shall be fully enclosed and the top shall remain closed at all times, except when being loaded or while being collected by the refuse collection agency. 11. The applicant shall maintain the trash dumpsters or receptacles so as to control odors which may include the provision of fully self - contained dumpsters or may include periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. 12. Storage outside of the facility shall be prohibited, with the exception of the required trash container enclosure and existing storage structures. 13. For Special Event activities, coverings shall be limited to the use of umbrellas, retractable awnings, or Fire Department approved temporary tents, with a minimum vertical clearance of 7 feet measured from the floor of the dining area to the lowest portion of the shade structure. The use of solid, permanent roof coverings or patio covers shall be prohibited. 14. Alcoholic beverage service shall be prohibited in the outdoor dining areas, unless the approval of the Police Department and the Alcoholic Beverage Control Board are first obtained. Any substantial physical changes required (as determined by the Planning Department) to accommodate alcoholic beverage service shall be subject to the approval of an amendment to this use permit. 15. All employees shall park on site. 16. All applicable conditions of approval of Use Permit No. 3551 shall remain in force (copy attached). 17. A maximum of 12 Special Event permits for events or activities to be conducted in the outdoor dining areas shall be permitted per calendar year. 18. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Director reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contributes to the noise problems or complaints. 19. The project shall be designed to eliminate light and glare onto adjacent properties or uses, including minimizing the number of light sources. The plans shall be prepared and signed by a licensed Electrical Engineer acceptable to the City. 20. The outdoor dining areas shall be closed for the evening upon verification of non- compliance with any conditions of this Use Permit and, if the patio is not closed, the matter shall be referred to the Planning Department for action on the Use Permit. 21. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 22. The live entertainment shall be confined to the interior of the restaurant and all doors and windows of the establishment shall remain closed during all performances, except when persons enter and leave by the main entrance of the facility or to the outdoor dining area. Loudspeakers outside of the building or in the outdoor dining area shall not be permitted. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code that provides, in part, that the sound shall be limited to no more than depicted below for the specified time periods. Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 o.m. an d 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: 60 dBA 50 dBA 23. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the live entertainment or the outdoor dining activities to insure compliance with these conditions, if required by the Planning Director. 24. The approval is for the establishment of outdoor dining for an existing full service restaurant facilities as defined by Title 20 of the Municipal Code, with the principal purpose for the sale or service of food and beverages with sale and service of alcoholic beverages incidental to the food use during the specified restaurant hours of operation. 25. The area of the outdoor dining shall be delineated with a minimum 6 foot high glass or Plexiglas wind and noise barriers measured from the floor of the decks and be designed, installed and maintained around the patio area to insure compliance with the Community Noise Control Ordinance (Chapter 10.26 of the Newport Beach Municipal Code). 26. Dancing shall be prohibited in the outdoor dining areas and is permitted solely within the interior of the building, unless an amendment to this use permit, or any previous use permits, and other required application is first approved in accordance with the provisions of the Municipal Code. 26b.The hours of operation for the bow deck are limited to 10:00 a.m. to 8:00 p.m. on Saturdays and Sundays and in conjunction with the permitted Special Events. Standard Conditions: 36-26c. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code. 27. The proposed outdoor dining shall conform to the requirements of the Uniform Building Code. 28. The project shall comply with State Disabled Access requirements. 29. All improvements shall be constructed as required by Newport Beach City Ordinance and the Public Works Department. 30. The on -site parking, vehicular circulation and pedestrian circulation systems shall be subject to further review by the City Traffic Engineer. 31. This approval shall be subject to review by the Planning Director within 60 day of this approval to determine compliance with the conditions of approval and to determine the effectiveness of the conditions of approval to prevent noise p 32. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend 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 injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 33. This Use Permit 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. FROM : NEWPORT NAUTICAL MUSEUM N C. W 1' 0 R T March 9, 2001 FAX NO. : 949 675 8864 11 A R 6 0 R N A U T I C A L Mr. Bludau City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Dear Mr. Bludau: Mar. 09 2001 12:26PM PS M U 5 E U M As per our discussion this morning, Clayton Shurley has sold all of his shares in the Riverboat Restaurant and Riverboat Promotions to Anthony Pesci and Cheryl Minemier, experienced restaurant operators. This transaction occurred after the Newport Beach Planning Commissioners granted a temporary CLIP to the Riverboat Restaurant. Ins peaking to the new owners, they indicate they do not wish to serve lunch or dinner on the deck adjacent to the Texas Deck. They would, however, request that they be permitted to serve brunch on Saturday and Sunday, weather permitting. Additionally, they also request that they be permitted to use the deck adjacent to the Texas Deck for special events and private parties with the last service at 8 pm. so that dean up would be no later than 9 p.m. There would not be ? FROM : ZILLGITT FAX NO. : 9497601173 Mar. 09 2001 02:17PM P1 To: Attn: Date= RECEIVED City council tdew )ort t3z:ach rot MAR -9 P1 :19 Mayor Gary Adams March 6, 2001 Gear Mr. Adams, OFFICE OF THE CITY CLERK CITY OF NEWPORT BEACH I an writing, as a trustee of the Newport Harbor Nautical Museum, about the very important application by the Riverboat Restaurant for continuance of the Conditional Usn Permit...for dining on the Texas Deck balcony. The 'Texas Deck is a wonderful place to be and to have meetings and parties; you find yourself right in the :nidst of the bay with current.^, and tides rushing by and Goats moving across the water. Quite an asset for our city. The Nautical Museum is a marvelous addition to Newport .Bc ach. It brings outstanding and educational exhibits that draw visitors from all of Southern California, as well as, over the United States and countires ovmrsQcs. They love the wonderful visiting ships from the Endeavor and other tall ships to ships of the Navy and more. Our education program for school children in our area is highly ,regarded among the museum community and school districts. Income from the Riverboat Restaurant pays for two nonths of museum operating expenses, about $65,000. 'rhe loss of that income would be a great hardship on the muse um! We are assured that the restaurant will do everything possible to keep the peacefulne:;s of the area ... No amplified music, reasonable hours of dining and outside entcrtainm�nt would be Strictly enforcerl. We sincerely hope that you will continue the Conditional Use Permit, so that a true picture of the situation can be established for the restaurant's new owners. We appreciate yourconsiderat.ion of this Tatter. Truly, Ji Bonnie R. Zillgzj e Trustee, Newport Harbor Nautical Museum RECEIVED Douglas M. Wood and June i,. Wood 1214 East Balboa Blvd. .01 MAR _9 P 1 .20 Balboa, California 92661 Phone 949 - 673 -5824 OFFICE OF THE CITY CLERK( March 9, 2001 CITY OF NEWPORT BEACH Honorable Gary Adams Mayor City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear Mayor Adams: We are writing in support of the Conditional Use Permit -3684 of the Newport Harbor-Nautical Museum's Riverboat Restaurant. The Riverboat Restaurant is an important element of the Museum. Virtually all museums have an eating facility as part of their effort to attract visitors. Such restaurants must be successful in order to continue serving the visitors. The Riverboat Restaurant also provides approximately $65,000 annually to help support the Museum's programs. To be successful within the confines of its small area it is necessary to utilize the outdoor areas of the bow and stern for brunch-service on- Saturdays and Sundays, special events and private parties. Such activities will have their last evening meal service by 8:OOPM and tables cleared by 9:00 PM. As shown in the Planning Commission Findings and Conditions of Approval for Use Permit 3684, a number of actions are being taken by the Museum to ensure neighbor- friendly operation. The Museum is an important feature in the fabric of Newport Beach as your Council recognized in its January 23, 2001 proclamation which "congratulated them on being such an important and unique asset to our community." We respectfully ask your support of the conditional CUP with the review of operations until August 2001. Sincerely, �" � / , _ 1 /�( � �,1� -6 Cl Douglas od uWood Trustees Newport Harbor Nautical Museum Cc: Homer Bludau, City Manager Mar -13 -01 03:29P Bayshores Community Association 17300 Redhill Avenue, Suite 210, Irvine, CA 92614 March 1 2, 2001 City of Newprnl 13cach City Counsel :3300 Newport Rlvd. Newport Beach, CA 92663 Rh:; Public I- Iearing /Appeal filed by the Linda Isle Community Assn. Dear Honurablc Mayer and Counsel Members: P.01 PRi1lE�C:" _ 3'13 GI The Bayshores Community Association would like to express their concern with the Planning ('ummission's decision to extend a lcmpurary use permit authorising Outdnoi dinning on the upper deck of'llle Newport Riverboat Restaurant. Plcasc he advised that the Bayshores Community Association supports the appeal as the propoeed dining Iron is too close to the l3ayshores Community to be used on a daily basis. The Assocrniue hclicvcs that the required plexiglass harrier around the perimeter of this 600 square Foot how mea may offer patrons some wind protection but it will do little to mitigate the noise and nothing to resturc the Bayshores I lomeowner's privacy, Thank you for your consideration of our concerns regarding this matter. Cordially, ON BEHAI,F OF THE BOARD OF DIRECTORS BAYSHORES COMMUNITY ASSOCIATION c C*)o �-n m 00 M Steve Link, President M -^ _ r C) Cl) M NJ Dr The &onions Company P.q Hex 19510 Irvine, California 92623 . (949) 752 -2225 • fax (949) 796 -0367 Robert and Mary Pike 2888 Bayshore Drive- PH Newport Beach, CA 92663 March 12, 2001 The City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attention: City Councilmen RE: Newport Riverboat Promoters- Application for use permit - Outdoor dining Gentlemen: "iECc[Nc!} AP ER AGENDA We strongly oppose the Newport Riverboat Promoter's application to permit outdoor dining at their Riverboat Restaurant. We live directly across the bay from this boat and we have witnessed first hand two outdoor parties held on the upper deck. The noise from these parties was very disturbing to us even with our doors and windows closed and was even more annoying when a live band began playing. To view of all this activity was impossibe to avoid and it was a total distraction. In both cases we called the city to complain. In the first instance we were told the operators did not have a permit for this outdoor activity and that many others had complained as well. We were therefore quite surprised that with obvious disregard for the residential community they are adjacent to, they later held another outside party, again without permit. 1. Due to the past disregard of city ordinances by the Riverboat Promoters we believe a permit for outdoor dining would be abused by playing music, even if only trancribed, although a permit for acoustical entertainment, a live band, has been noticibly dropped at the present. 2. We believe the Riverboat Promoters are seeking an outside dining permit not primarily for drop in customers but, more obviously, for private parties (as they did in the past). Private parties generate a substantial amount of noise. Indeed, a number of charter boats pass us by while conducting weddings or other celebrations giving ample evidence to this fact. The cheering and yelling from these boats is very noticeable- but only for a very Short time as they pass by and always with the dining and celebration going on inside the boat. 3. We wish to point out that if an outside dining permit were to be issued it would be necessary in the evenings to have the top of this boat lighted brightly for people to see their food and for waiters to negotiate the tables. We feel that illuminating all this activity would only worsen the situation by focusing everyone's attention on what would certainly be a distraction and an eyesore. 4. All of us living across the bay look directly at the Riverboat Restaurant. We strongly request that a permit not be issued which would change our lovely bay view into an "in your face" spectacle of the action and festivities which go with outside dining parties. 5. Finally, we wish to point out that when the Riverboat Promoters did the two parties we witnessed, the noise was still very loud, even when the band wasn't playing. We again urge that a permit not be issued which would allow noise very disagreeable to ourselves and all the other residents in the neighborhood. cry Truly ours, I obert & Mary Pike MAR -12 -2001 17:16 GOVERNMENT SOLUTIONS 949 717 7942 P.02102 March 9, 2001 atK44.i�J ~J✓ itf 1 Gtl /1Ul" U?t peak ?�l�fo: "�'IS - 31i ip RECEIVED lewport P.O. Box 2594, Newport Beach, CA 92663 rot MAR 12 P5:25 OFFICE OF THE CITY CLERA CITY OF NEWPORT BEACH Mr. Gary Adams Mayor ; City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: Agenda item 15, March 13, 2001 Dear Mr. Mayor and Members of the City Council: On behalf of the Board of Directors of Speak Up Newport, I wish to express our support for the outdoor dining permit for the Newport Riverboat Restaurant. SUN has been holding our monthly meetings at,the restaurant for over two years, This restaurant is a civic- minded business, which is important in Its support for the Nautical Museum and our organization, as well as oth,'ers. The approval of this permit is essential to their remaining a viable enterprise. This request is reasonable and demonstrates a Careful balance between business and residential interests. The Planning Commissions' decision has provided conditions appropriate to the issues. We urge your favorable action. Sincerely, l..LZ Z4�t��.G Y 7c�i{: fLt l�..tiJ Carol A. Hoffman LIC CC: SUN Board of Directors, Homer Biudau Speak Up Newport is a non-profit mutual benefit organization. Our purposes are to provide a public forum and Live recocnition to those wtio make positive contributions to the Newport peach Community, 7n1n1 o n-.