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HomeMy WebLinkAbout29 - Use Permit 2003-036 - PA2003-220 - Josh SlocumCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 29 June 22, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Rosalinh Ung, Associate Planner rung (a)city.newport- beach.ca.us (949) 644 -3208 SUBJECT: Josh Slocum's Dinner and Supper Club Use Permit No. 2003 -036 (PA2003 -220) 2601 W. Coast Highway APPELLANT: Random Interactive, Inc. ISSUE: Should the City Council grant an appeal of the Planning Commission's denial of a request to operate a nightclub with live entertainment and dancing between 9:00 p.m. and 2 a.m. at the subject property? RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deny the appeal and uphold and affirm the decision of the Planning Commission and approve Use Permit No. 2003 -036, to allow the existing restaurant to provide periodic lunch service, increase the occupancy and modify the minimum parking requirements by adopting the attached Resolution. THE APPEAL: Bill Hodge of Hodge and Associates, the authorized agent for Random Interactive, Inc., filed an appeal of the Planning Commission's decision to deny the nightclub aspect of the Use Permit application for Josh Slocum's Dinner and Supper Club on May 20, 2004. The stated reason for the appeal was that the project with suggested conditions would meet noise standards, parking standards, occupancy standards, and traffic circulation standards; and that the appellant also agreed to further noise attenuation measures. Josh Slocum's Dinner and Supper Club (PA2003 -220) June 22, 2004 Page 2 of 2 VICINITY MAP 2601 W. Coast Highway Use Permit No. 2003 -036 PA2003 -220 Current Development: Josh Slocum's Dinner and Supper Club To the north: Commercial Developments To the east: Commercial Developments and a legal non conforming residence To the south: Lido Isle across the Lido Channel To the west: Commercial Developments Josh Slocum's Dinner and Supper Club (PA2003 -220) June 22, 2004 Page 3 of 3 DISCUSSION: The subject property is located on the south side of Coast Highway, directly across from Tustin Avenue, within the Mariner's Mile District and has a zoning designation of RMC (Recreational and Marine Commercial). The property is approximately 10,100 square feet in size and is improved with a 3,987 square foot single -story commercial building. Occupying the southerly half of the property, the existing building is located behind a paved parking lot with no landscaping. The building has a covered porch of approximately 63 square feet in size that is currently being used as a smoking and waiting area. The appellant originally proposed to expand the legal nonconforming restaurant by providing periodic lunch service, increasing the occupancy and allowing a nightclub operation with live entertainment and dancing between 9:00 p.m. and 2:00 a.m. each night. The request also included a modification of minimum parking requirements since the use does not provide code - required parking. This application is a result of the requested expansion of use occurring without first obtaining a Use Permit. On May 6, 2004, the Planning Commission unanimously approved the Use Permit request only to allow the expansion of the legal nonconforming restaurant and denied the request to operate the nightclub. The approval of the Use Permit allows the restaurant to open from 5:00 p.m. to 2:00 a.m., Monday through Friday and for lunch from 11:00 a.m. to 2:00 a.m., Saturday and Sunday; and to increase the occupancy from 133 to 143 persons with a parking waiver of 3 parking spaces. In making this decision it was noted by the Planning Commission that the approval of an additional 10 seats in the restaurant was acceptable because there is an advantage to the City to get a Use Permit with a full set of conditions which would make enforcement of the operation easier in the future. The existing establishment operates as a legal, non- conforming use because there is no Use Permit. During the public testimony, four (4) persons spoke against the Use Permit application, noting that the proposed nightclub would generate substantial noise problems. The Lido Isle residents testified that existing noise generated travels across the water and they also stated that loud noise and music are often heard late into the night. The residents expressed the desire to have peace and quiet in their homes. They also indicated that music levels have been lowered after a complaint but that the music would increase shortly thereafter. The residents requested that the application be denied. The Police Department expressed their concerns with regard to the proposed application in that there have been significant problems at this location for the past several years. Since January 2004, they have responded to 39 formal calls for service that included vandalism, drunks, disturbances and fights. There were two significant fights inside the bar in April of this year, with one of them involving a physical attack on one of the employees. Josh Slocum's Dinner and Supper Club (PA2003 -220) June 22, 2004 Page 4 of 4 The Planning Commission expressed their concern that the establishment has continuously caused police problems as the record showed. The Police Department testified at the Planning Commission meeting that the establishment has continued to provide dancing on a significant number of nights contrary to what staff believes is their right to do. The Planning Commission also expressed concerns with the nightclub citing that the site is too small to increase the intensity of the use by switching from a restaurant to a nightclub by bringing in additional people. There are continuing traffic access issues with the existing operation, so to exacerbate it more by increasing the occupancy load and the frequency and the changeover in clientele, would create more traffic hazards on Coast Highway. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Alternatives: 1. Deny the application. Staff does not recommend this alternative since the existing establishment presently operates without a Use Permit and the Use Permit will provide enforcement tools. 2. Grant the appeal. The Council may determine that the proposed nightclub can be operated in a way that would not be detrimental to the community through strict adherence the operating conditions. Should the Council choose this course of action; staff recommends a continuance to the next meeting so staff can draft a Council resolution for approval. Prepared by: -L, ().- (2. / RbIalinh Ung, Associ to tanner Attachments: Submitted by: �a Patricia L. Temple, Pla ning Director A Draft City Council Resolution B. Planning Commission Staff Report dated May 6, 2004 C. Planning Commission Resolution 1633 D. Excerpt of minutes dated May 6, 2004 E. Appeal form submitted by the Applicant F. Project Plans ATTACHMENT A DRAFT CITY COUNCIL RESOLUTION 5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DENYING THE APPEAL AND UPHOLDING AND AFFIRMING THE DECISION OF THE PLANNING COMMISSION AND APPROVING USE PERMIT NO. 2003 -036 AS MODIFIED FOR PROPERTY LOCATED AT 2601 W. COAST HIGHWAY (PA2003 -220) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Random Interactive, Inc., with respect to property located at 2601 W. Coast Highway, and legally described as Lot 5 of Tract 919, requesting approval a Use Permit to expand the operation of a restaurant named Josh Slocum's Dinner and Supper Club, currently operating with a Type 47 (On -Sale General Eating Place) License, by increasing the occupancy, extending the hours of operation to include periodic lunch service and operating a nightclub with live entertainment and dancing, from 9:00 p.m. to 2:00 a.m., every night. The request also includes a modification of minimum parking requirements since the use does not provide code required parking. WHEREAS, the existing restaurant was originally established prior to the requirement for restaurants to obtain a Use Permit, therefore, it is a legal nonconforming use. WHEREAS, a Use Permit is required pursuant to Sections 20.82.060 (Changes in Operational Characteristics) of the Municipal Code since the application proposes changes to the operational characteristics of the establishment by extending the hours of operation to include periodic lunch service, increasing the building occupancy load and providing a nightclub with live entertainment. WHEREAS, the site is designated Recreational and Marine Commercial by the General Plan Land Use Element and zoned SP -5 (Mariner's Mile Specific Plan) which designated the site as Recreational and Marine Commercial. Restaurants and nightclubs are allowed uses within these designations subject to the approval of a Use Permit. WHEREAS, on May 6, 2004, the Planning Commission unanimously modified and approved the Use Permit request only to allow the expansion of the legal nonconforming restaurant and denied the request to operate the nightclub. The approval of the Use Permit allows the restaurant to open from 5:00 p.m. to 2:00 a.m., Monday through Friday and for lunch from 11:00 a.m. to 2:00 a.m., Saturday and Sunday; and to increase the occupancy from 133 to 143 persons with a parking waiver of 3 parking spaces. WHEREAS, on May 20, 2004, Bill Hodge of Hodge and Associates, the authorized agent for Random Interactive, Inc., filed an appeal of the Planning Commission's decision to deny the nightclub aspect of the Use Permit application for Josh Slocum's Dinner and Supper Club. The stated reason for the appeal was that the project with suggested conditions would meet noise standards, parking standards, occupancy standards, and traffic circulation standards; and that the appellant also agreed to further noise attenuation measures. V: City of Newport Beach City Council Resolution No. Page 2 of 10 WHEREAS, a public hearing was held by the City Council on June 22, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application including submitted plans and other evidence, both written and oral, was presented to and considered by the City Council at this meeting. WHEREAS, the proposed expansion of the existing restaurant will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. The project is located in a water front commercial area that also includes several other restaurants. Surrounding land uses are dominated by retail marine commercial and visitor serving uses including restaurants. Restaurants are expected to be found in this and similar locations in the city and the uses are complimentary to the surrounding commercial area. 2. The expansion of the restaurant hours to include lunch service Saturdays, Sundays, and holidays and the increased occupancy load has been conditioned in such a manner to require strict adherence to safety regulations. Additionally, increased off -site parking will be provided. The project design and operational characteristics, as conditioned, meet the intent of the Zoning Code. 3. With the proposed off -site parking arrangement, valet parking plan, and future traffic improvements required by the Traffic Engineer, the site will conducive to the increased intensity of use as a restaurant operation. WHEREAS, the request to increase the occupancy of the existing restaurant from 133 to 143 persons would thereby increase the level of alcohol consumption on the premises, and could potentially raise the level of alcoholic related incidents that have been the concern from the Police Department, has necessitated the requirement of applicable conditions for the existing ABC Type "47 License. WHEREAS, the proposed increased use of off - street parking with the restaurant portion of the project is acceptable for the following reasons: 1. The location of the off -site parking lot (2700 West Coast Highway) is useful in conjunction with the establishment given its close proximity to the project site. The lot is located approximately 275 feet north of the project site on the west side of Tustin Avenue. 2. Pedestrian access between the off -site lot and the project site is accommodated on public sidewalks and a crosswalk at the signalized intersection of Tustin Avenue and Coast Highway. City of Newport Beach City Council Resolution No. Page 3 of 10 3. Undue traffic hazards will not be created in the surrounding area with the implementation of a valet/parking management plan and signal improvements requested by the Traffic Engineer. The off -site parking lot is served by adequate street access from Tustin Avenue via an existing improved public alley. WHEREAS, the reduction in required parking (3 spaces) is not detrimental to the surrounding area due to the presence of a municipal parking facility in the immediate vicinity. The entrance to the parking lot is approximately 425 feet north of the project site on the east side of Tustin Avenue and adequate pedestrian access is provided via public sidewalks and the crosswalk at a signalized intersection. WHEREAS, the proposed nightclub operation at the site will be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. The subject site is not adequate in size to support the proposed nightclub activities due the lack of on -site parking. The site provides only 18% of the minimum required parking. The establishment has and will attract larger crowds than it is designed to accommodate resulting in increased noise, traffic, trespassing and loitering. The site does not provide adequate area for patron entry queuing as it primarily occurs in the parking areas. Patrons waiting to enter the nightclub are not afforded adequate restroom facilities. 2. The increase use of the off -site parking lot will create increased noise, traffic and general activity during late night hours. The off -site parking lot is located near residences on Tustin Avenue and Ocean View Avenue. 3. The building that would house the nightclub use is not constructed with maximum sound attenuation features. Although additional sound attenuation measures and operational restrictions can be required, noise impacts associated with live entertainment cannot be entirely mitigated. 4. The increased traffic and access needs for the nightclub are not provided at the Coast Highway/Tustin Avenue intersection. This intersection is not presently designed to accommodate added traffic and access due to the lack of the fourth leg of signalization. Providing the fourth leg of signalization is not guaranteed due to the participation of the abutting property owner and Caltrans. Increased access to the site can result cars queuing along Coast Highway while waiting for valet parking services thereby creating a traffic hazard. 5. The establishment is located within Report District No. 25 where the number of crimes is 75% higher that the citywide average. The total crimes in the adjacent two reporting districts are also higher than the citywide average. The Police Department believes the nightclub activity has in the past and will continue to contribute to higher alcohol - related incidents and crime, which is detrimental to the community. Pq City of Newport Beach City Council Resolution No. Page 4 of 10 WHEREAS, this project has been reviewed, and it qualifies for a categorical exemption from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). There will be no significant environmental impact as the proposed project is located in a fully developed area. The site is also devoid of any significant environmental resources and no construction is proposed. NOW, THEREFORE, BE IT RESOLVED: Section 1. The City Council of the City of Newport Beach hereby denies the appeal and upholds and affirms the Planning Commission decision and approves Use Permit No. 2003 -036 as modified, to allow the expansion a legal nonconforming restaurant with a Type 47 (On -Sale General Eating Place) License subject to the Conditions of Approval set forth in Exhibit «A„ Section 2. The City Council of the City of Newport Beach hereby denies the request to allow a nightclub operation with live entertainment and dancing. PASSED, APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2004. AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK O City of Newport Beach City Council Resolution No. Page 5 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2003 -036 1. The eating and drinking establishment shall be in operated in substantial conformance with the site plan and floor plan for dining dated April 1, 2004. 2. Use Permit No. 2003 -036 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 4. Any change in operational characteristics, hours of operation, expansion in area, or operation characteristics, or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 5. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 6. Should the business, alcohol license or property be sold, transferred or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified in writing of the conditions of this use permit by the current owner(s), operator(s) or assignee(s). Future owners, operators or assignees shall submit, within 30 days of transfer or sale, a letter to the Planning Department acknowledging their receipt, acknowledgement and acceptance of the limitations, restrictions and conditions of approval of this permit. 7. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, recyclable materials, litter, debris or graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 8. The primary use, as depicted on the approved plans, is an eating and drinking establishment and restaurant. The operational character of the use shall not be changed to a bar, tavern, or cocktail lounge as a primary use. A nightclub, cabaret or commercial recreational entertainment venue is not an authorized use whatsoever. 10 City of Newport Beach City Council Resolution No. Page 6 of 10 9. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the use shall comply with the provisions of Chapter 10.26 of the Municipal Code. The maximum noise levels from the use shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher. If the ambient noise level is higher, noise from the use shall not exceed the ambient noise level. 10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday. 11. No live entertainment or dancing shall be permitted in conjunction with the permitted use. Background music within the interior of the building is permitted. No music and /or audible paging or speaker system shall be allowed outside the building or within the "smoking" porch area. 12. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 13. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 14. No advertisements and /or flyers shall be posted and /or distributed outside of the premises including in the off -site parking lot area. 15. All signs shall conform to the provisions of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off - site, to advertise the restaurant. Between the hours of Between the hours of TOOAM and 10:OOPM and 10:OOPM TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A I 65dBA N/A 60dBA 10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday. 11. No live entertainment or dancing shall be permitted in conjunction with the permitted use. Background music within the interior of the building is permitted. No music and /or audible paging or speaker system shall be allowed outside the building or within the "smoking" porch area. 12. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 13. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 14. No advertisements and /or flyers shall be posted and /or distributed outside of the premises including in the off -site parking lot area. 15. All signs shall conform to the provisions of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off - site, to advertise the restaurant. City of Newport Beach City Council Resolution No. Page 7 of 10 16. A full meal service menu shall be available for ordering at all times that the restaurant is open for business. 17. Prior the issuance of the certificate of occupancy, the location of maximum occupancy postings in the establishment shall be inspected and approved by the Newport Beach Building Department to ensure the location is readily visible to employees, patrons and public safety personnel. Maximum occupancy load for the restaurant operation shall be 143 persons. Strict adherence to maximum occupancy limits is required. 18. The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 19. All entry doors of the establishment shall remain closed at all times except for the ingress and egress of patrons and employees. All emergency exists shall remain operable at all times. The use of the side doors shall be limited to deliveries and employee use only and normal ingress and egress by patrons is prohibited except in the event of an emergency. 20. Prior to the issuance of the certificate of occupancy, the applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the use permit. 21. All employees shall park either on the subject site or the off -site parking lot or the municipal parking lot at all times. 22. A minimum of 43 parking spaces shall be provided for the subject property at all times. Thirteen (13) of these spaces shall be provided and maintained on -site at all times with adequate striping and wheel stops in accordance with Public Works standards. An off - site parking agreement, subject to the review by the City Attorney's office, shall be recorded on the title of the off -site parking lot property. The agreement shall guarantee a minimum of 30 off -site parking spaces for the uses authorized on the property. 23. Valet parking shall be provided for the restaurant use during all business hours. A final valet/parking management plan shall be approved prior to the issuance of a certificate of occupancy. The valet/parking management plan shall also include a statement that no recreational vehicles, boats, or similar vehicles shall be stored any time at the subject site, except for the movable trailer uses for storing tables and chairs after business hours. The approved valet/parking management plan shall be implemented by the applicant or future operator of the restaurant at all times. Adequate valet personnel shall be provided to eliminate queuing onto Coast Highway. Valet personnel shall be stationed at the off -site locations while off -site lots are in use to minimize the need for valet personnel to cross Coast Highway on foot. Valet personnel shall only cross Coast Highway at the signalized crosswalk and obey all traffic laws. la City of Newport Beach City Council Resolution No. Page 8 of 10 24. All parking in conjunction with this use shall be confined to the parking lots over which the applicant, owner or operator has written rights to park. If, in the opinion of the Planning Director or City Traffic Engineer, the proposed use creates parking congestion at the site, the applicant shall immediately resolve the congestion problem by reducing attendance or increasing valet attendants or through other means until the parking congestion is eliminated and parking is properly managed. The Planning Director or City Traffic Engineer has the discretion to require the preparation of a revised parking management plan. 25. A diagram of the location of the off -site parking lot shall be posted at the entrance of the restaurant at all times. 26. The parking lot layout including any future changes shall be subject to the review and approval of the City Traffic Engineer. 27. The on- and off -site parking lots shall have adequate lighting during hours of darkness for safety of customers and pedestrians. 28. The applicant shall work with the City and adjacent property owner to the east (2547 Coast Highway) to construct the fourth leg to the signalized Coast Highway/Tustin Avenue intersection. The fourth leg is a vital component to improve valet operation, by providing a signalized approach at the project driveway. The applicant shall be responsible for their share of the cost for the signal improvements. Should this signal improvement not be implemented, the City Traffic Engineer shall require, and the applicant shall be responsible for, the implementation of other corrective measures deemed necessary in order to ensure adequate and safe vehicular access and valet/parking operations. 29. All delivery trucks shall be required to service the restaurant from on -site and shall be prohibited from loading and unloading on Coast Highway. Deliveries shall be scheduled outside the peak operating hours of the restaurant so that all access will not be blocked. 30. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the use permit approval. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 13 City of Newport Beach City Council Resolution No. Page 9 of 10 31. The number of plumbing fixtures in the public restrooms shall comply with the Uniform Building Code (Appendix 29A). 32. A grease interceptor of adequate size shall be required in association with food preparation activities pursuant to the Building Code. 33. A wash -out area for refuse containers and kitchen equipment shall be provided and the area shall not drain into the storm drain system. The area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or restaurant equipment shall be prohibited outside of the washout area. 34. All trash shall be stored within the building or within water -tight trash containers stored within the trash (container) enclosure or otherwise screened from view from neighboring properties except when placed for pick -up by refuse collection agencies. The watertight trash containers shall have a lid or top that remains closed at all times, except when being loaded or while being collected by the refuse collection agency. The applicant or operator shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self- contained containers or may include periodic steam cleaning of the containers, if deemed necessary. 35. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 36. The applicant or operator, his agents or employees shall immediately allow any properly identified on -duty Newport Beach Police Officer, no matter whether after normal business hours or not, access to the facility for purposes of conducting a lawful inspection of the premise operations at that particular time of the day and night. 37. The applicant or operator shall provide and maintain a clear 5 -foot 6 -inch entry corridor, as indicated on the floor plan dated April 1, 2004, into the main facility for emergency access. 38. The applicant or operator shall provide physical control points or other appropriate measures that would enable employees to regulate patrons in order to comply with occupancy limits. 39. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the restaurant uses shall be a Type 47 for full alcohol service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The consumption of alcoholic beverages shall be limited to the interior of the restaurant. The sale of alcoholic beverages for off -site consumption is prohibited. Any change in the alcoholic beverage license type shall be subject to the IQ City of Newport Beach City Council Resolution No. Page 10 of 10 approval of an amendment to this application and may require the approval of the Planning Commission. 40. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 41. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 42. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 43. No food and/or alcoholic beverages shall be allowed in the "smoking" porch area. 44. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City upon written request. up2003- 036xre o.dm 15 ATTACHMENT B PLANNING COMMISSION STAFF REPORT DATED MAY 6, 2004 t !o CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 May 6, 2004 TO: PLANNING COMMISSION FROM: Planning Department Rosalinh Ung, Associate Planner ru nq Q city. newpo rt- beach.ca. us (949) 644 -3208 SUBJECT: Josh Slocum's Dinner and Supper Club Use Permit No. 2003 -036 (PA2003 -220) 2601 W. Coast Highway APPLICANT: Random Interactive, Inc. REQUEST: The applicant is requesting the approval of a Use Permit to expand a legal nonconforming restaurant, named Josh Slocum's Dinner and Supper Club, by providing periodic lunch service, increasing the occupancy and allowing a nightclub operation with live entertainment and dancing between 9:00 p.m. and 2:00 a.m. each night. The request also includes a modification of minimum parking requirements since the use does not provide code - required parking. This application is a result of the requested expansion of use occurring without first obtaining a Use Permit. BACKGROUND: The existing restaurant was originally established in 1968, prior to the requirement of a Use Permit for eating and drinking establishments. The site was zoned C -O -Z (Limited Commercial) which permitted restaurants provided that they met the parking requirement of one space for every three seats. At that time, the site had a total of 22 on -site parking spaces to accommodate a 66 -fixed seat restaurant (1 space per every 3 seats). Soon after that, the business owner requested an increase in the restaurant's seating to 80 persons. The site, however, was not large enough to support the parking for the increase in seating capacity, so the use of off -site parking was requested. !7,7 Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 2 of 20 x % s �•_ : 2�7 ,� / 2651 'y'•s '' ✓x.os t'� RVL �x /' RE05 R -1 u.i[ �fr x701 ' \ � OS 1x. RSC \ x ^1 % CG -A 2225 x. y 24U, P j /�' / i v !- 272Y 2�2 / GEIF /I 221'] ^.: 27:7' x22" 22x_ / 2611 r 2512:5:3 / 2 / 2.29 ]at /2 N11 RMC 1 SP -5 22.: Cra -A / s 0 \ 260ft / z161 VICINITY MAP 2601 W. Coast Highway Use Permit No. 2003 -036 PA2003 -220 Current Development: Josh Slocum's Dinner and Supper Club To the north: Commercial Developments To the east: Commercial Developments and a legal non conforming residence To the south: Lido Isle across the Lido Channel To the west: Commercial Developments Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 3 of 20 On October 28, 1968, the City Council considered and approved an off -site parking agreement, and it was executed October 30, 1968. The agreement shows that the restaurant had a seating capacity of 80 persons with a total of 32 parking spaces and 10 boat slips for the restaurant. Twenty -two (22) spaces were to be provided on -site, and 10 parking spaces were to be provided at 2633 W. Coast Highway. The agreement also provides that if for any reason the private parking lease between the restaurant and the owner of the off -site lot was terminated, or the parking became unavailable, the restaurant must either provide sufficient parking at another location, or reduce its seating capacity to that supported by the on -site parking, or cease operation. The 1968 off -site parking agreement was violated soon after, when on -site parking was reduced and seating capacity was increased. Violations of building code related to a windscreen were documented, and operating hours were also increased. The operator was put on notice of the violations, and it appears that the restaurant changed ownership. A request to modify the off -site parking agreement to reflect these changes was denied by the City in late August of 1969. On August 25, 1969, in a letter to the restaurant's operator, the City declared the off -site parking agreement null and void due to if being .breached. Th"e sutSsegoent "�w�ie7 /operator submitted a new request for an off -site parking agreement in November'of 1972. This request was later withdrawn in December of 1972 and the City re- affirmed its previous position that there was no valid off -site parking agreement. In early 1973, a new owner /operator of the restaurant submitted a request for another off -site parking agreement. This request was reviewed and approved by both the Planning Commission and City Council. The off -site parking agreement is dated May 4, 1973. This agreement specified that 30 parking spaces were required for the approved seating capacity of 91 persons. The approval was based upon a private lease agreement for 30 parking spaces between the restaurant and the property located at 2712 W. Coast Highway. The agreement also has several additional conditions: 1. The restaurant shall provide 30 off - street parking spaces. 2. The restaurant hours are from 4:30 p.m. to 2:00 a.m., Monday through Friday. 3. The hours of operation may be adjusted by the Director of Community Development pursuant to satisfactory evidence as required by the Code Section 20.38.040. (Code numbering in effect at the time) 4. That satisfactory restraints (vehicle wheel stops) be installed to the satisfaction of the Director of Community Development. 5. A diagram of the location of the off -site parking lot shall be posted at the entrance of the restaurant. tq Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 4 of 20 6. Valet service shall be required during all hours of operation. In July of 1973, the City Council directed the City Attorney's Office to initiate legal proceedings against the restaurant for violations of the authorized operating hours. The legal actions initiated by the City were later dismissed by the Superior Court when the owner of the restaurant agreed to abide by the approved operating hours. In 1975, the City adopted Ordinance No. 1623 which required restaurants zoned C -O -Z to obtain a Use Permit. Since it was a restaurant only and the restaurant pre -dated the effective date of the ordinance which was August 22, 1975, it is legal, nonconforming and was not required to obtain a Use Permit at that time as long as there were no significant changes to the historic operational characteristics. In 1976, the City became aware that the off -site parking was no longer available, and directed the restaurant owner to either provide replacement parking or to close the establishment. The restaurant was ordered to close on August 2, 1976, due to its inability to secure the necessary off -site parking in accordance to the 1973 Agreement. - The resfau�rant76,Wne�fioperator later sobmitfed atease for 25 parking spaces Iotia;ed at 2633 W. Coast Highway, and the Planning Commission and City Council approved the lease. In July of 1977, the Planning Commission and City Council again considered a replacement parking lease. This parking lease provided 25 spaces behind Mariner's Square, the commercial development directly across Coast Highway, and was approved by the City Council on August 22, 1977, subject to 6 conditions of approval. 1. Hours of operation —4:30 p.m. -2:00 a.m. Monday through Friday 8:00 a.m. -2:00 a.m. Saturday and Sunday 2. Off -site parking agreement shall be required guaranteeing 25 parking spaces. 3. Valet service shall be provided during all hours of operation. 4. A diagram shall be provided at entrance to the restaurant showing location of the off -site parking spaces. S. Sixteen parking spaces shall be maintained on site with adequate striping and wheel stops. 6. The parking arrangement shall be reviewed by the Modifications Committee one year after the City Council approval. On October 23, 1986, the Planning Commission granted a Use Permit No. 3239 authorizing the expansion in the hours of operation of the restaurant permitting it to .2a Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 5 of 20 open at 11:00 a.m. for lunch trade. This approval was subject to 25 conditions of approval. However, in 1989, staff documented the fact that the restaurant never took advantage of the increased hours of operation, and pursuant to the conditions of approval and the Municipal Code, the Use Permit became void 24 months after its approval. Josh Slocum's, thereby, has a legal non - conforming right to operate as a restaurant subject to the operational characteristics and restrictions of the 1973 Agreement as amended in 1977 since the 1986 Use Permit is invalid. In 2001, the restaurant began changing its business operations by providing live music and dancing after dining hours. Table and chairs were cleared from the main dining room where dancing by the patrons occurred. Recorded music was played by disc jockey and live bands performed on weekends. The Police Department documented on several occasions that live bands have performed with sound amplification. There are no records that a Cafe Dance Permit and /or a Live Entertainment Permit has ever been sought or issued. The addition of live entertainment and dancing has now substantially changed the restaurant's original operational characteristics and pursuant to Chapter 20.82 (Eating and Drinking Establishments) and Chapter 20.89 (Alcoholic Beverages Outlets), a new Use Pe.r'mit'is 'required. Since the time of the above operating changes, the City has responded to many complaints regarding noise, live entertainment, dancing and exceeding the permitted building occupancy creating a potentially hazardous condition. Efforts to discontinue these activities by letters, meetings, phone calls, inspections, and administrative citations proved unsuccessful. The City Attorney took legal action before the Superior Court for injunctive relief to discontinue these unpermitted activities unless and until the operator obtained the necessary permits from the City. Following a stipulation to an injunctive order from the Court not to conduct these activities, the City and the operator eventually agreed in a settlement agreement that they would be allowed, through the special event process, to have live entertainment and dancing as a test to determine the effect of these activities and whether or not they could meet the Code requirements. This event was held on June 22, 2003, at which time a noise study by a qualified acoustical engineer was conducted at the subject property. On September 16, 2003, the operator filed a Use Permit application to allow the existing establishment to operate as a full- service, eating and drinking restaurant and to have a nightclub operation with live entertainment and dancing nightly between the hours of 9:00 p.m. to 2:00 a.m. The application has 2 separate floor plans for the establishment, one for a full - service dining operation and one for a nightclub arrangement with fixed dance floor areas. The application also includes a modification of minimum parking requirements since there has been a reduction in on -site parking and the combined total spaces provided on and off -site does not meet code requirements. a• Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 6 of 20 On November 26, 2003, Planning staff and representatives from the Police Department conducted a site visit to the establishment. The establishment had a bar /lounge arrangement with sofas and love seats from the previous night. The operator indicated that this type of setup is typical of weeknights after the dinner hours, whereas dancing and live entertainment typically occurs on weekends. DISCUSSION: Site /Project Overview The subject property is located on the south side of Coast Highway, directly across from Tustin Avenue, within the Mariner's Mile District, and has a zoning designation of RMC (Recreational and Marine Commercial). A narrow and deep lot, the property is approximately 10,100 square feet in size and is improved with a 3,987 square foot single - story commercial building. Occupying the southerly half of the property, the existing building is located behind a paved parking lot with no landscaping. The building has a __.;,_ covered porch of approximately 63 square feet in size that is currently being used as a smoking and waiting area. Restaurant Operations: The 3,987 square foot restaurant has a Net Public Area (NPA) of approximately 2,167 square feet, which includes the dining areas, a bar, the waiting /hallway area, and the smoking porch. The remaining floor area of 1,820 square feet is devoted to ancillary uses ( kitchen / storage /office /waiting /restroom). The restaurant currently opens for business from 5:00 p.m. to 2:00 a.m., seven days a week. In addition to the current hours of operation, the applicant is proposing to open for lunch on Saturdays, Sundays, and holidays at 11:00 a.m. Neither live entertainment nor dancing will be provided during lunch or dinner. Full meal service will be provided during all the restaurant hours (see Exhibit 4). The current posted occupancy load for the existing restaurant issued by the Building Department on October 23, 1997, is 133 persons (90 persons in the dining areas, 39 person in the bar area, and 4 persons in the waiting area). This calculation does not include the restaurant's employees. The existing non - conforming restaurant is now classified as a full - service, low turnover, eating drinking establishment. The proposed 143 - person occupancy load will be distributed as follow: 117 persons in the entire dining area, 14 persons in the bar area, and 12 persons in the waiting /hallway area. This number does not include 7 employees. W Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 7 of 20 Proposed Nightclub Operation with Live Entertainment and Dancing: The applicant is proposing to have dancing and live entertainment on the premises after the dinning hours each night. The applicant charges a cover charge and as such, dancing is not possible with a Cafe Dance permit. Therefore, the activity cannot be classified as a restaurant with dancing and live entertainment. Staff has determined that the use after 9:00 p.m. is classified as a nightclub. However, the nightclub will not operate each night and will likely operate Thursday through Sunday nights; even though the applicant is requesting approval to allow entertainment and dancing seven days a week. After the dining hours, all tables and chairs in the main dining area will be removed from the building and stored in a moveable trailer. This trailer will be parked on the street in the area during business hours and on the property after the business hours. Pre - recorded music played by restaurant staff or by a disc jockey will be provided Monday through Saturday. The existing coat room located across from the men's restroom is used as a DJ's booth. Live entertainment will only be provided on .._Sunday evenings with a variety of band types. Security will be provided in the evenings and access will be controlled with an admission charge after 9:00 p.m. each night. Eight security personnel will be on site during the nightclub hours. The establishment is proposing to have two fixed dance floors. The main dance floor is approximately 591 square feet and will be located in the center of the establishment. The smaller upper dance floor will be located on the opposite side of the bar and is approximately 260 square feet in size. The remaining NPA will be utilized as lounge areas with tables, chairs, and couches. The submitted floor plan shows a 190 - person occupancy load for the nightclub operation, which is distributed as follows: 122 persons in the dancing areas, 14 persons in the bar area, 42 persons in the lounge area, and 12 persons in the waiting /hallway area. There are eight employees for the nightclub, not including the security guards. The establishment may have different arrangements to accommodate a smaller crowd on some weeknights, including leaving the restaurant setup intact and not shifting to the nightclub operation. The table below provides a summary of basic operational characteristics for the restaurant and nightclub. �3 Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 8 of 20 Analysis Josh Slocum's may not expand or intensify its existing operational characteristics without the approval of a Use Permit since it is a legal non - conforming use. A Use Permit is now required because the applicant is proposing to alter the operation characteristic of the existing restaurant by:.. 1. Increasing the occupancy load to 143 for the dining arrangement and 190 persons for the nightclub /lounge arrangement; 2. Provide dancing and live entertainment on the premises; 3. Modify Condition No. 2 pertaining to the off -site parking agreement and Condition No. 5 pertaining to the total required number of on -site parking spaces of the 1973 Agreement as amended in 1977. The establishment is presently operating with Type 47 ABC License (On -Sale General Eating Place) without a Use Permit. The applicant intends to utilize the same license for the establishment. Since there will be a substantial change in the operating characteristics of the establishment (provision of live entertainment and dancing, change in occupancy load, and change in business hours), a Use Permit is also required per Section 20.89 (Alcoholic Beverage and Outlet Ordinance). General Plan The City's General Plan designates the site as Recreational and Marine Commercial (RMC). The Recreational and Marine Commercial category is applied to waterfront commercial areas where the City desires to preserve and encourage uses which facilitate a marine commercial and visitor serving orientation. Allowed uses include visitor - serving commercial (social clubs, hotels, restaurants, etc.). The restaurant and nightclub is a permitted use in the Recreational Marine Commercial land use designation. ay Hours of Net Public Occupancy Dancing DJ's /Live Operation Area (Estimated) Music (Inside & Porch Restaurant Setup 5:00 p.m. -9:00 2,167s.f. 143 No No p.m. (M -F) 11:00 a.m. — 9:00 p.m. (Sat -Sun) Nightclub Setup 9:00 p.m. — 2:00 2,167 s.f. 190 Yes Yes a.m. (every night) Analysis Josh Slocum's may not expand or intensify its existing operational characteristics without the approval of a Use Permit since it is a legal non - conforming use. A Use Permit is now required because the applicant is proposing to alter the operation characteristic of the existing restaurant by:.. 1. Increasing the occupancy load to 143 for the dining arrangement and 190 persons for the nightclub /lounge arrangement; 2. Provide dancing and live entertainment on the premises; 3. Modify Condition No. 2 pertaining to the off -site parking agreement and Condition No. 5 pertaining to the total required number of on -site parking spaces of the 1973 Agreement as amended in 1977. The establishment is presently operating with Type 47 ABC License (On -Sale General Eating Place) without a Use Permit. The applicant intends to utilize the same license for the establishment. Since there will be a substantial change in the operating characteristics of the establishment (provision of live entertainment and dancing, change in occupancy load, and change in business hours), a Use Permit is also required per Section 20.89 (Alcoholic Beverage and Outlet Ordinance). General Plan The City's General Plan designates the site as Recreational and Marine Commercial (RMC). The Recreational and Marine Commercial category is applied to waterfront commercial areas where the City desires to preserve and encourage uses which facilitate a marine commercial and visitor serving orientation. Allowed uses include visitor - serving commercial (social clubs, hotels, restaurants, etc.). The restaurant and nightclub is a permitted use in the Recreational Marine Commercial land use designation. ay Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 9 of 20 Hours of Operation The existing restaurant currently operates from 5:00 p.m. to 2:00 a.m., seven days a week. The applicant is proposing to be open for lunch at 11:00 a.m. on Saturdays, Sundays, and holidays. Staff does not have any concerns with the proposed lunch hours provided sufficient parking is available. The late night hours associated with the nightclub can lead to noise issues and other land use compatibility problems. We have received complaints from Lido Isle residents regarding noise. Dancing and Live Entertainment The applicant is proposing to have live entertainment and dancing on the premises. As mentioned before, the establishment has been operating as a restaurant since 1968 with no history or previous documentation of having dancing and /or live entertainment permitted on the premises. The applicant is proposing to have the entire main floor area _free of tables and chairs for the nightclub activities after 9:00 p.m. each night. This area will then have -a higher occupancy load: Orily the lower lounge area located at the back of the building, which was formerly an open patio that was enclosed, will have tables and chairs. During the course of reviewing the request for dancing and live entertainment, staff has worked with the applicant's architect extensively to achieve a more realistic floor plan arrangement to meet the Building and Fire Safety Codes. The plan now includes fixed dance floor areas that will be clearly delineated with physical marking, clear aisles around the dance floors for internal circulation and emergency exiting, and adequate plumbing fixtures in the restrooms. A Cafe Dance permit is not required since a cover charge will be assessed after the dinner hours and, therefore, pursuant to Chapter 5.32 of the Municipal Code, the activity is classified as a dance hall or nightclub by today's terminology. A Live Entertainment Permit, however, is required according to Chapter 5.28. Noise Staff is concerned that the live and recorded music from the establishment may generate negative noise impacts to surrounding properties and Lido Isle residences. As stated in the background section of the staff report, noise from loud music is the most common complaint received by the City. Noise from recorded music and live bands are heard by the residents on Lido Isle. The establishment also has the tendency to attract larger crowds than the establishment can accommodate resulting in a queue of patrons waiting in the parking lot who also create noise. The close proximity to the water, which does little to absorb sound, can make noise more noticeable in the as Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 10 of 20 surrounding areas. Lastly the building is not constructed with maximum sound attenuation features. Staff required the preparation of a noise study because of these concerns. The study was prepared by BridgeNet International, a qualified noise consultant (see Exhibit 5). The noise survey was conducted at the subject property on June 22, 2003, between 8:00 p.m. and midnight. Noise samples were taken from six different sites: within the building, immediately outside the. building, at the balcony of the property that is east of the establishment, across Coast Highway, at a park on Lido Isle and by the bridge connecting Lido Isle to the Balboa Peninsula. Noise measurements were made of both the ambient conditions and the noise levels generated by entertainment activities at the establishment. The study concluded that existing ambient noise levels in the area generated by boat, aircraft, and traffic are fairly high. Therefore, noise generated from the nightclub does not exceed the maximum allowable exterior noise level within residentially zoned property of 50 dBA, and 60 dBA for commercially zoned property from 10:00 p.m. to 7:00 a.m. As a = result, no noise mitigation measures are- required. However, noise from live entertainment was audible at Lido Island. Even though the noise study does not call for any noise mitigation, staff believes controlling the noise level of live entertainment and recorded music could be beneficial to the surrounding uses, especially to Lido Isle residents, some of whom have complained of noise in the past. It is the opinion of staff that the approval of the application for live entertainment and dancing should be considered only if the operational and physical characteristics of the business will be changed to provide a reasonable assurance that noise problems and complaints are eliminated. Similar conditions have been successfully implemented in other establishments (Joe's Crab Shack and Club M) that have comparable live entertainment and dancing provisions. Staff recommends the following conditions should the nightclub with live entertainment be authorized: 1. All windows located along the southerly (water) side of the establishment shall be removed and replaced with fixed windows using an acoustically engineered laminated glass product or dual or triple pane windows specifically designed to reduce sound transmission. The specific windows installed should be as recommended by an acoustical engineer. 2. The establishment shall install a new house sound system that employs state of the art matrix controls. Large speakers shall be eliminated in favor of smaller, highly directional speakers that surround the audience. 3. All amplified instruments shall utilize the new house sound system. Additional sound amplification devices or speakers shall be prohibited. W, Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 11 of 20 4. The house sound system shall be calibrated by a qualified acoustical consultant who shall adjust the controls to a level that complies with the Newport Beach Municipal Code Chapter 10.26, Community Noise Control standards. The qualified acoustical consultant shall be hired by the City of Newport Beach with the expense of the consultant being the responsibility of the applicant. 5. The controls of the calibrated sound system shall be located in the establishment's office to eliminate tampering. Access to the office shall be controlled by the operating manager of the establishment. 6. Based on the calibration of Condition No. 4, a sound level standard shall be established for the interior of the establishment during a musical performance. This standard shall be based on the C- weighting scale in order to properly address the low frequency sound of bass instruments. 7. The establishment shall rent or purchase a calibrated integrating sound level meter capable of measuring and displaying C- weighted noise levels. An acceptable alternative is a signaling device that identifies when the standard of Condition No. 6 is exceeded. 8. All performers shall be made aware that the establishment is a noise - sensitive venue" and informed of the need to control the volume of their music during performances. 9. All performers shall be made aware that the establishment reserves the right to adjust the amplifier and equalizer settings during a performance, or to stop the performance entirely, in the event the noise is excessive. 10. The establishment shall designate a contact person who will be responsible for responding to community complaints regarding noise impacts. 11. No speakers shall be allowed outside in the porch /entrance area. No noise enhancing measure shall be used to channel music outside of the enclosed building. 12. All doors and windows shall be closed during live performances except as needed for the ingress and egress of patrons and staff. Parking and Circulation As previously mentioned, the existing restaurant does not provide the minimum number of on -site parking spaces required by code. The property is limited in size. As a result, the restaurant has been dependent upon the use of off -site parking for most of its existence. The restaurant's seating capacity has historically been fixed directly to the amount of parking spaces provided. The current parking demand for the existing restaurant is dictated by the City's 1973 parking agreement as amended in 1977. According to this agreement, the restaurant must provide a valet parking service and a minimum of 41 parking spaces: 16 on -site and 25 off -site spaces for both the restaurant and boat slips. The required parking for a� Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 12 of 20 the restaurant was based upon the previous code standard of 1 space per 3 seats and .75 of a parking space per each boat slip (38 spaces for the restaurant and 3 spaces for 4 boat slips). Furthermore, a certificate of occupancy issued by the Building Department in October 23, 1997, limits the restaurant to a maximum of 133 persons. This occupancy limit was based on standard Uniform Building Code criteria and was not evaluated for compliance with the off -site parking agreement. The site has a direct access to Coast Highway and currently has a total of 13 parking spaces (1 handicap and 12 standards). The establishment also currently has an off -site parking agreement with Mariners Mile Company for a total of 26 spaces at the property directly across the street, behind the Stefan Kaalin Ski and Golf (formerly Peter Glenn Ski & Sports) building (see Attachment No. 8). The term of this parking agreement is from July 1, 2001 to December 31, 2004. As the applicant is now proposing to increase the occupancy load of the existing restaurant, from 133 to 143 for dining and up to 190 persons for the nightclub, it is necessary to reevaluate the parking demand and off -site parking arrangement. :presently, the parking Fatio fora full- service, low turnover restaurant is within a range-of one space for every 30 to 50 square feet of net public area. Since the applicant wishes to continue to provide upscale, fine dining for their patrons at the existing establishment, a parking ratio of 1 space for 50 square feet is a sound measurement for determining parking demand. This ratio for this type of operational character is also consistent with past applications. The total Net Public Area (NPA), which includes the dining areas, waiting area, and outside porch, for the restaurant is 2,167 square feet, with parking requirement of 43 spaces (2,167/50). In addition to the restaurant use, the property has 3 boat slips that belong to the property owner and are not a part of the restaurant operation. An additional 3 off - street parking spaces (.75 parking space for each boat slip) for these slips is required per Code. The grand total of parking spaces that the applicant is required to provide is 46 spaces for the restaurant and the boat slips. The site presently has 13 parking spaces instead of 16 as once provided. The 3 space reduction was-partly caused by the provision of the handicap parking spaces and the re- striping over the years to larger spaces since compact stalls are no longer permitted. The total number of off - street parking spaces proposed to be provided by the applicant is 43 spaces (13 on -site and 30 off -site) until 9:00 p.m. each night. The applicant has successfully negotiated with Mariners Mile Company for an additional 4 parking spaces to be available until 9:00 p.m. each night (see Exhibit 9). With 40 spaces proposed to be provided, the project will be 3 spaces short. The applicant is requesting that the remaining 3 -space shortage be waived by the Planning Commission. The presence of the municipal parking lot behind Margaritaville Restaurant with access from Tustin Avenue can be used to support the parking waiver request during the restaurant hours. Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 13 of 20 Since the occupancy for the establishment will be much higher for nightclub use, a parking ratio of 1 space for every 30 square feet was used to determine the parking need during these hours, resulting in a parking requirement of 72 spaces. The boat slips may not be frequently used after 9:00 p.m. so they were not included in this total. To accommodate the nightclub activity from 9:00 p.m. to 2:00 a.m. each night, the applicant proposes to provide an additional 35 off -site parking spaces at the same off -site location. A letter dated July 3, 2003, from Mr. Ned McCunn of Mariners Mile Company, stated that an additional 35 parking spaces would be leased to the applicant upon the approval of this Use Permit application (Exhibit No. 6). A total of 74 (13 on -site and 61 off -site) parking spaces will be provided after 9:00 p.m. each night. Additional parking on this off - site lot will not create an undue traffic hazard in the surrounding area during normal operations because there is a signalized intersection at Tustin Avenue and there will be a valet/parking management plan approved by the Public Works Department. Staff is, however, concerned that the off -site parking lot owned by Mariners Mile Company may have been leased to several different users without the City's involvement. To ensure that the required number of parking spaces for the establishment will be provided and maintained at all times, the applicant will be required to enter into a parking agreement with the City. The project site may have circulation problems during peak activity times. Traffic ingress to the site's parking lot could result in cars queuing along Coast Highway while waiting for valet parking services. This can create a traffic hazard and negatively impact traffic movement along the highway. To address these concerns, the applicant has submitted a valet/parking management plan describing the functional characteristics of the valet operation. A diagram of the off -site parking lot behind the Stefan Kaalin Ski and Golf building is also provided. The diagram shows a total of 61 spaces of which 30 spaces will be available until 9:00 p.m. each night and the additional 31 spaces will be available after 9:00 p.m. each night. The City Traffic Engineer has reviewed and initially approved the draft parking lot layouts on both on- and off -site lots with minor adjustments. A final approval for these plans is required. The City Traffic Engineer also is working with the applicant, the adjacent property owner to the east, and the State Department of Transportation regarding the future improvement of the fourth leg of signalization at the Coast Highway and Tustin Avenue intersection. Presently, the property's only driveway exits directly into this intersection where there is not a traffic regulating signal for the cars exiting the site. This improvement would provide full signalization for cars making left and right turns from the site. The applicant has submitted a letter of intent in support of this request (Exhibit 7). With this improvement, the increased activity at the site, with the valet operational plan, should function acceptably and alleviate potential circulation /access concerns. 2 Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 14 of 20 Design and Development Standards for Restaurants, Bars and Cocktail Lounges Chapter 20.82.040 of the Municipal Code contains development standards for restaurants, bars, and cocktail lounges as outlined below, to ensure that any proposed development will be compatible with adjoining properties and streets. The development standards include specific requirements for site requirements, building setbacks, parking and traffic circulation, walls surrounding the restaurant site, landscaping, exterior illumination, underground utilities, and supply and refuse storage. Section 20.82.040.D of the Municipal Code states that any of the above mentioned development standards for restaurants may be modified or waived if strict compliance is not necessary to achieve the purpose or intent of the standard. Development Standards 2Q .:REQUIREMENT.:'. PROPOSED -' - -.:..' - .. ... .. ..: ..... Site: Site shall be of sufficient size and configuration to Does not Comply. The site is 10,100 square feet in size - satis%— ,_--a;l- .=.requirements for - off- street ,parking,_ and is improved with a 3,987 square foot single - story setbacks, curb -cuts, walls, landscaping and refuse commercial building. The site does' not meet lhe' storage as provided by Section 20.82.040 of the minimum lot size to accommodate the required Municipal Code. landscaping and number of on -site parking. Off -site parking is provided. Setbacks: The City may establish more restrictive setbacks if it is Complies. The existing commercial building was determined that it is necessary or desirable for the constructed and operated as a restaurant since 1968. protection of the public health, safety or welfare or to The building complies with the current setback insure the compatibility of uses on contiguous requirements. properties. Of- Street Off- street parking in accordance with the provisions of Partially Complies. The site presently has 13 parking Parking: Chapter 20.66 of the Municipal Code spaces. A total of 46 parking spaces are required for the restaurant use until 9:00 p.m. each night. There will be a total of 43 spaces provided during this time period, a shortage of 3 spaces. The applicant is requesting a parking waiver of 3 spaces. A valetfparking management plan has been prepared to accommodate the existing restaurant and the proposed nightclub activities and is subject to the Traffic Engineers approval. A total of 72 parking spaces are needed for the nightclub, and 74 spaces will be provided. Circulation: Parking areas and driveways to facilitate traffic and Partially Complies. The existing on -site parking lot and circulation of vehicles on and around the facility and to off -site lot have been reviewed and approved by the City provide adequate sight clearances. Traffic Engineer. Potential circulation problems during peak activity times may occur both on and off- sites. An approved valet parking plan and future signalized improvements at the Coast Highway and Tustin Avenue intersection should address this issue. Walls: A solid masonry wall 6 feet high shall be erected on all Does not comply. The site has exiting wooden fencing interior property lines of the subject property. Walls 3 along the east and west (internal) property lines. These feet ir height shall be erected between the on -site fences vary in height from 4 to 5 feet. parking areas and the public right-of-way. Landscaping: 10% of entire site, 3 -foot wide landscape area shall be Does not comply. The site was developed in 1968 with provided to screen the parking area from the public modest landscaping. A large planter area of right -e -way. A 3 -foot wide landscape area adjacent approximately 252 square feet is situated in front of the to the interior property lines shall be provided. building, which provides for 2.49% of landscaping of the entire site. 2Q Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 15 of 20 • REQUIREMENTut.'.•' -.4 : _. i..• P. v. ROROSED s„ .• . .. 1: ugntng: Parking lot and sae ilwminat,on height and inlens�ry. to Complies. The property has adequate ugmng ano aces minimize the reflection of lights to the streets and not create problems with glare onto surrounding neighboring properties. properties. No additional lighting is proposed for the subject site. Improved lighting of the off -site parking area has been conditioned. Utilities All utilities required to be under grounded. Complies. The project site is existing and is served by under round utilities. SupplyStoragel supply storage to be contained within a building. Complies. No outdoor storage of supplies is permitted, Refuse Storage Refuse storage outside of a building shall be hidden Complies. The site has an existing trash storage area from view by a solid masonry wall 6 feet in height with located on the northwest comer of the building which self-locking gates. appears sufficient in size to accommodate refuse. Alcoholic Beverage Outlet (ABO) Ordinance Section 20.89.030.13 of the Alcoholic Beverage Outlet Ordinance (ABO) requires the Planning Commission to consider the following factors: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to _ .. other areas in.tbR City 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county -wide average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. In accordance with the foregoing, and in order to provide the Planning Commission with the necessary data and analysis to make the required finding for the approval of a Use Permit, each of the factors above is discussed as follows: 1. Public Convenience or Necessity. Alcohol service is typically expected at nightclubs. The provision of alcohol within a nightclub will meet the convenience of the public but may not be a necessity. 2. Crime Rate. Citywide, there were 7,057 crimes reported during calendar year 2002, of which 2,609 were Part One Crimes (serious offenses). The remaining 4,448 were Part Two Crimes that include alcohol related arrests. The project site is located within Police Reporting District No. 25. For the calendar year of 2002, (which is the most current data available), Reporting District No. 25 had 94 Part One Crimes and 231 Part Two Crimes. The part one crime rate for RD No. 25, two adjacent RD's, City, California and National averages are shown in the following comparison: �j Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 16 of 20 RD No. 24: 3,395.91 City Average: 3448.23 (per 100,000peo le RD No. 25: 3,395.95 California: 3902.90 (per 100,000 eo le RD No. 26: 4,073.93 National: 4160.50 (per 100,000 people) The adjacent Reporting Districts are 24 and 26. RD No. 24 had 161 Part One Crimes and 274 Part Two Crimes. RD No. 26 had 108 Part One Crimes and 198 Part Two Crimes. The Police Department notes that the crimes in the area are fairly significant due to the high concentration of commercial uses within RD No. 25. The Police Department has no objection to the existing restaurant operation and they are not supportive of the nightclub activities as proposed at the establishment due to the increased need for police services (Exhibit No. 3). 3. Over Concentration. There would be no increase in the number of active licenses within RD No. 25 with this application. There are 23 active ABC licenses within RD No. 25. The number of current active ABC licenses is the total of all types of licenses known to the Police Department. As of May 1, 2003, the Orange County average of active, retail ABC licenses was one license for every 592 residents (4,805 licenses with a population of 2,846,289). The census tract within which the establishment is located has a higher ratio of liquor licenses when compared with the average ratio for Orange County since there is very limited population within the census tract. However, as noted above, the Mariner's Mile District has a high number of eating and drinking establishments. The area is typified by full - service, sit -down restaurants that are considered complementary to the area. 4. Alcohol Related Crimes. The Police Department has provided statistics for driving under the influence and plain drunk arrests. There were a total of 133 arrests, with 57 driving under the influence arrests and 41 plain drunk arrests within RD No. 25 in 2002. The percentage of alcohol related arrests within RD No. 25 is 74% (98/133). The alcohol - related arrest rate in the two adjacent reporting districts is 49% for RD No. 24 and 45% for RD No. 26. City -wide, alcohol related arrests account for 40% (1,608/4,005) of all arrests made. RD No. 25 amounts to 6.09% (98/1608) of the DUI /Drunk arrests made in the City. Alcohol - related arrests within RD No. 25 are higher than the city -wide average and the two adjacent RD's. The higher number of alcohol - related arrests in RD No. 25 can partially be explained by the fact that Coast Highway runs through the Reporting District. With the existing establishment continuing to operate as a restaurant, the Police Department does not believe that the expansion in hours and occupancy in 3a Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 17 of 20 conjunction with the restaurant will generate a significant number of alcohol - related incidents. However, the Police Department believes the nightclub activity may contribute to higher alcohol related incidents. Police Department documentation shows that many stops /arrests are associated with alcohol consumption at bars and nightclubs located along Coast Highway in and outside of the reporting district. 5. Adiacent Uses. The site is located within Mariner's Mile District and is not adjacent to sensitive land uses except for a legal nonconforming residence located on the adjacent property to the east. The site is surrounded mostly by commercial uses, except for several non - conforming residential units located directly east of the subject property. There are no day care centers, schools, or park and recreation facilities in the vicinity of the project site. Lido Isle is located approximately 755 feet southeast of the subject property. In accordance with the ABO Ordinance, the Police Department has reviewed the Use Permit application and has determined that no additional conditions related to design and security are necessary. Newport Beach Police Department Concerns The Newport Beach Police Department provided staff with a comprehensive report, which is attached to this staff report as Exhibit 3. In the report, the Police Department cites the higher than average number of crimes in the reporting district. The site is located within Reporting District No. 25 that had a total of 325 crimes in 2002 as compared to a citywide reporting district average of 186 crimes. The number of crimes is 75% above the citywide reporting district average. The total number of crimes reported in the two adjacent reporting districts also exceeds the citywide average. The Police Department cites these statistics in the light of the intent of City Council Policy K- 7 that would indicate that new bars or a nightclub within an area where the number of crimes exceeds the citywide average by 75% is not acceptable. The report goes on to state concerns with the past un- permitted entertainment activities conducted on the subject property that resulted in overcrowding, noise, parking /traffic, insufficient restroom facilities, alcoholic beverage related crimes and disturbances. To address these issues, the applicant is agreeing to a much lower occupancy load for dining and nightclub operations than originally proposed, as demonstrated in the submitted floor plans. The restroom facilities now meet Building Code requirements (number of occupant and plumbing fixture ratio). A parking management plan has been formulated for the establishment that should alleviate potential parking and traffic problems both on- and off -site. Furthermore, the Police Department is recommending a list of operating conditions to ensure that the establishment would curtail additional demand for law enforcement services. This list has been included in the draft Planning Commission resolution for the Commission to consider should the Commission wish to approve the nightclub. 33 Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 18 of 20 Public Comments Staff has received comments from the general public (see Exhibit 11), mainly from Lido Isle residents. Mr. Martin Weinberg of 100 Via Lido Nord expressed concerns with excessive loud music from the establishment and has made numerous noise complaints to the Police Department. Mr. Weinberg also is requesting that the establishment have similar noise conditions that were imposed on Joe's Crab Shack. . In the past, adjacent commercial property owners have notified staff of increased vandalism, trash, and trespassing by patrons waiting to enter the establishment. Additionally, staff received complaints from residents of the adjacent nonconforming residences about excessive noise. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the-Caiifornia Environmental Quality Act under Class 1 (Existing Facilities). There will be no significant environmental impact as the proposed project is located in a fully developed area. The site is also devoid of any significant environmental resources and no construction is proposed. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. CONCLUSION: Section 20.91.035 of the Newport Beach Municipal Code provides that in order to approve 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 particular case, 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. Staff believes that the findings for approval of a Use Permit for the expansion in hours and occupancy of the restaurant can be made in that it is not likely that the operation will prove detrimental to the community should it comply with all the conditions of approval. The property has been improved as a restaurant since 1968, even though parking has always been an on -going problem. With the proposed off -site parking 34 Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 19 of 20 arrangement, valet parking plan, and future traffic improvements required by the Traffic Engineer, the site should support to the restaurant operation. The on -site consumption of alcoholic beverages in conjunction with a full - service, fine dining restaurant use is viewed as complementary to the Mariner's Mile District. Therefore, staff believes that the required findings of the ABO can be met and the continuing of sale and consumption of alcoholic beverages in conjunction with meals at the restaurant should not prove detrimental to the community. The shortage of 3 spaces can be justified due to the close proximity of the municipal parking lot located behind Margaritaville Restaurant where additional off - street parking is available. Staff, however, is concerned with the nightclub request even though many of the issues can be alleviated through conditions of approval. If the proposed use operates within the parameters of the conditions of approval, the negative issues associated with the application discussed within this report should be minimal. Other similar establishments have been fitted with appropriate sound attenuation devices that keep the noise levels within appropriate levels so that any noise emanating from the establishment does not adversely impact other uses in the area. Crime in the area and the concerns of the Police Departmefit are cau8e for concern and caution. Adequate provision of security - forces on the premises to control the patrons during the nightclub hours would reduce noise, traffic, public nuisance, and loitering related problems. in the neighborhood. With the strict adherence to the parking agreement with the commercial property across Coast Highway and the approved valet/parking management plan, the establishment will provide adequate parking, orderly traffic movement to and from the establishment, and will not be a nuisance to the neighborhood. If the operator fails to operate within the operational constraints of the Use Permit and creates a public nuisance, the City would have the ability to take the appropriate measures to ensure compliance, or revoke the Use Permit. RECOMMENDATION: The Commission has two options with this application: 1. If the Commission believes the application as conditioned will not prove detrimental to the community, the Commission can approve the request by adopting the attached draft resolution (Exhibit 1). 2. If the Commission believes that the expansion of the restaurant is acceptable but the proposed nightclub will prove detrimental to the community, staff has prepared a draft resolution approving the expanded restaurant and denial of the nightclub (Exhibit No. 2). 35 Prepared by: Exhibits Josh Slocum's Dinner and Supper Club (PA2003 -220) May 6, 2004 Page 20 of 20 Submitted by: r Patricia L. Temple, Panning Director 1. Draft Resolution No. 2003 -_; findings and conditions of approval for the restaurant expansion, parking waiver, and nightclub 2. Draft Resolution No. 2003 -_; findings and conditions of approval for the restaurant expansion and parking waiver, and findings of denial for the nightclub 3. Police Department Report 4. Restaurant Menu ___..5,... -:... Noise-Study by BridgeNet- -: _ -. . 6. Letter from Ned McCune for additional 35 spaces 7. Traffic Light Improvements Letter 8. Existing Parking Lease Agreement 9. Additional 4 Parking Spaces for Dinner Time 10. Proposed Parking Management Plan 11. Public Comments 12. Project Plans 3b ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 1633 37 RESOLUTION NO. 1633 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2003 -036 AS MODIFIED FOR PROPERTY LOCATED AT 2601 W. COAST HIGHWAY (PA2003 -220) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Random Interactive, Inc., with respect to property located at 2601 W. Coast Highway, and legally described as Lot 5 of Tract 919, requesting approval a Use Pen-nit to expand the operation of a restaurant named Josh Slocum's Dinner and Supper Club, currently operating with a Type 47 (On -Sale General Eating Place) License, by increasing the occupancy, extending the hours of operation to include periodic lunch service and operating a nightclub with live entertainment and dancing, from 9:00 p.m. to 2:00 a.m., every night. The request also includes a modification of minimum parking requirements since the use does not provide code required parking. WHEREAS, the existing restaurant was originally established prior to the requirement of Use Permit, therefore, it is a legal nonconforming use. WHEREAS, a Use Permit is required pursuant to Sections 20.82.060 (Changes in Operational Characteristics) of the Municipal Code since the application proposes changes to the operational characteristics of the establishment by extending the hours of operation to include periodic lunch service, increasing the building occupancy load and providing nightclub with live entertainment. WHEREAS, a public hearing was held on May 6, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. The application including submitted plans and other evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the site is designated Recreational and Marine Commercial by the General Plan Land Use Element and zoned SP -5 (Mariner's Mile Specific Plan) which designated the site as Recreational and Marine Commercial. Restaurants and nightclubs are allowed uses within these designations subject to the approval of a Use Permit. WHEREAS, the proposed expansion of the existing restaurant will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 1. The project is located in a water front commercial area that also includes several other restaurants, some of which provide entertainment activities. Surrounding land uses are dominated by retail marine commercial and visitor serving uses including restaurants. City of Newport Beach Planning Commission Resolution No. Page 2 of 10 Restaurants and nightclubs are expected to be found in this and similar locations in the city and the uses are complimentary to the surrounding commercial area. 2. The expansion of the restaurant hours to include lunch service Saturdays, Sundays, and holidays and increased in occupancy load has been conditioned in such a manner to require strict adherence to safety regulations. Additionally, the increased off -site parking will be provided. The project design and operational characteristics, as conditioned, meet the intent of the Zoning Code. 3. With the proposed off -site parking arrangement, valet parking plan, future traffic improvements required by the Traffic Engineer, the site will conducive to the increased intensity of use as a restaurant operation. 4. The subject site is not located in close proximity to residential districts, day care centers, schools, park and recreation facilities or places of religious assembly. Lido Isle is located an approximately 755 feet southeast of the subject property. WHEREAS, the request to increase the occupancy of -the existing restaurant from 133 to 143 persons would thereby increase the level of alcohol consumption on the premises, and could potentially raise the level of alcoholic related incidents that have been the concern from the Police Department, has necessitated the requirement of applicable conditions for the existing ABC Type "47" License. WHEREAS, the proposed increased use of off - street parking with the restaurant portion of the project is acceptable for the following reasons: 1. The location of the off -site parking lot (2700 West Coast Highway) is useful in conjunction with the establishment given its close proximity to the project site. The lot is located approximately 275 feet north of the project site on the west side of Tustin Avenue. 2. Pedestrian access between the off -site lot and the project site is accommodated on public sidewalks and a crosswalk at the signalized intersection of Tustin Avenue and Coast Highway. 3. Undue traffic hazards will not be created in the surrounding area with the implementation of a valet/parking management plan and signal improvements requested by the Traffic Engineer. The off -site parking lot is served by adequate street access from Tustin Avenue via an existing improved public alley. WHEREAS, the proposed nightclub operation at the site will be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will be detrimental to the properties or improvements in the vicinity or to the general welfare of the City for the following reasons: 39 City of Newport Beach Planning Commission Resolution No. Page 3 of 10 1. The subject site is not adequate in size to support the proposed nightclub activities due the lack of on -site parking. The site provides only 18 % of the minimum required parking. The establishment has and will attract larger crowds than it is designed to accommodate resulting in increased noise, traffic, trespassing and loitering. The site does not provide adequate area for patron entry queuing as it primarily occurs in the parking areas. Patrons waiting to enter the nightclub are not afforded adequate restroom facilities. 2. The increase use of the off -site parking lot will create increased noise, traffic and general activity during late night hours. The off -site parking lot is located near residences on Tustin Avenue and Ocean View Avenue. 3. The building that would house the nightclub use is not constructed with maximum sound attenuation features. Although additional sound attenuation measures and operational restrictions can be required, noise impacts associated with live entertainment cannot be entirely mitigated. 4: -The increased traffic and access needs for the nightclub at the Coast Highway/Tustin.. .. _ Avenue intersection. This intersection is not presently designed to accommodate added traffic and access due to the lack of the fourth leg of signalization. Providing the fourth leg of signalization is not guaranteed due to the participation of the abutting property owner and Caltrans. Increased access to the site can result cars queuing along Coast Highway while waiting for valet parking services thereby creating a traffic hazard. 5. The establishment is located within Report District No. 25 where the number of crimes is 75% higher that the citywide average. The total crimes in the adjacent two reporting districts are also higher than the citywide average. The Police Department believes the nightclub activity has in the past and will continue to contribute to higher alcohol - related incidents and crime, which is detrimental to the community. WHEREAS, the reduction in required parking (3 spaces) is not detrimental to the surrounding area due to the presence of a municipal parking facility in the immediate vicinity. The entrance to the parking lot is approximately 425 feet north of the project site on the east side of Tustin Avenue and adequate pedestrian access is provided via public sidewalks and the crosswalk at a signalized intersection. WHEREAS, this project has been reviewed, and it qualifies for a categorical exemption from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). There will be no significant environmental impact as the proposed project is located in a fully developed area. The site is also devoid of any significant environmental resources and no construction is proposed. 140 City of Newport Beach Planning Commission Resolution No. Page 4 of 10 NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. 2003 -036 to allow the expansion a legal nonconforming restaurant with a Type 47 (On -Sale General Eating Place) License subject to the Conditions of Approval set forth in Exhibit "A ". Section 2. The Planning Commission of the City of Newport Beach hereby denies the request to allow a nightclub operation with live entertainment and dancing. Section 3. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 6th DAY OF MAY 2004: - - AYES: Eaton, Cole, Toerge, McDaniel, Selich Kiser and Tucker NOES: None ABSENT: None B . Earl McDaniel, Chairman BY: Michiel Toerge, Secretary 41 City of Newport Beach Planning Commission Resolution No. Page 5 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2003 -036 1. The eating and drinking establishment shall be in operated in substantial conformance with the site plan and floor plan for dining dated April 1, 2004, 2. Use Permit No. 2003 -036 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or injurious to property or improvements in the vicinity or if the property is operated or maintained so-as to constitute a public nuisance. 4. Any change in operational characteristics, hours of operation, expansion in area, or operation characteristics, or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 5. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 6. Should the business, alcohol license or property be sold, transferred or otherwise come under different ownership or control, any future owners, operators or assignees shall be notified in writing of the conditions of this use permit by the current owner(s), operator(s) or assignee(s). Future owners, operators or assignees shall submit, within 30 days of transfer or sale, a letter to the Planning Department acknowledging their receipt, acknowledgement and acceptance of the limitations, restrictions and conditions of approval of this permit. 7. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, recyclable materials, litter, debris or graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 8. The primary use, as depicted on the approved plans, is an eating and drinking establishment and restaurant. The operational character of the use shall not be changed to a bar, tavern, or cocktail lounge as a primary use. A nightclub, cabaret or commercial recreational entertainment venue is not an authorized use whatsoever. 4a City of Newport Beach Planning Commission Resolution No. Page 6 of 10 9. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the use shall comply with the provisions of Chapter 10.26 of the Municipal Code. The maximum noise levels from the use shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher. If the ambient noise level is higher, noise from the use shall not exceed the ambient noise level. 10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday. 11. No live entertainment or dancing shall be permitted in conjunction with the permitted use. Background music within the interior of the building is permitted. No music andlor audible paging or speaker system shall be allowed outside the building or within the "smoking" porch area. 12. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 13. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 14. No advertisements and /or flyers shall be posted and /or distributed outside of the premises including in the off -site parking lot area. 15. All signs shall conform to the provisions of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off - site, to advertise the restaurant. 43 Between the hours of Between the hours of TOOAM and 10:OOPM and 10:OOPM TOOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA ro ert Mixed Use Property 45dBA 60dBA 45dBA 5OdBA Commercial P operty ... _ NJA- _,._ -65dBA . N/A 60dBA_. -: - 10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday. 11. No live entertainment or dancing shall be permitted in conjunction with the permitted use. Background music within the interior of the building is permitted. No music andlor audible paging or speaker system shall be allowed outside the building or within the "smoking" porch area. 12. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 13. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 14. No advertisements and /or flyers shall be posted and /or distributed outside of the premises including in the off -site parking lot area. 15. All signs shall conform to the provisions of the Municipal Code. No temporary "sandwich" signs or similar temporary signs shall be permitted, either on -site or off - site, to advertise the restaurant. 43 City of Newport Beach Planning Commission Resolution No. Page 7 of 10 16. A full meal service menu shall be available for ordering at all times that the restaurant is open for business. 17. Prior the issuance of the certificate of occupancy, the location of maximum occupancy postings in the establishment shall be inspected and approved by the Newport Beach Building Department to ensure the location is readily visible to employees, patrons and public safety personnel. Maximum occupancy load for the restaurant operation shall be 143 persons. Strict adherence to maximum occupancy limits is required. 18. The use of private (enclosed) 'VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 19. All entry doors of the establishment shall remain closed at all times except for the ingress and egress of patrons and employees. All emergency exists shall remain operable at all times. The use of the side doors shall be limited to deliveries and employee use only and normal ingress and egress by patrons is prohibited except in the event of an emergency, - 20. Prior to the issuance of the certificate of occupancy, the applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the use permit. 21. All employees shall park either on the subject site or the off -site parking lot or the municipal parking lot at all times. 22. A minimum of 43 parking spaces shall be provided for the subject property at all times. Thirteen (13) of these spaces shall be provided and maintained on -site at all times with adequate striping and wheel stops in accordance with Public Works standards. An off - site parking agreement, subject to the review by the City Attorney's office, shall be recorded on the title of the off -site parking lot property. The agreement shall guarantee a minimum of 30 off -site parking spaces for the uses authorized on the property. 23. Valet parking shall be provided for the restaurant use during all business hours. A final valet/parking management plan shall be approved prior to the issuance of a certificate of occupancy. The valet/parking management plan shall also include a statement that no recreational vehicles, boats, or similar vehicles shall be stored any time at the subject site, except for the movable trailer uses for storing tables and chairs after business hours. The approved valet/parking management plan shall be implemented by the applicant or future operator of the restaurant at all times. Adequate valet personnel shall be provided to eliminate queuing onto Coast Highway. Valet personnel shall be stationed at the off -site locations while off -site lots are in use to minimize the need for valet personnel to cross Coast Highway on foot. Valet personnel shall only cross Coast Highway at the signalized crosswalk and obey all traffic laws. yu City of Newport Beach Planning Commission Resolution No. Page 8 of 10 24. All parking in conjunction with this use shall be confined to the parking lots over which the applicant, owner or operator has written rights to park. If, in the opinion of the Planning Director or City Traffic Engineer, the proposed use creates parking congestion at the site, the applicant shall immediately resolve the congestion problem by reducing attendance or increasing valet attendants or through other means until the parking congestion is eliminated and parking is properly managed. The Planning Director or City Traffic Engineer has the discretion to require the preparation of a revised parking management plan. 25. A diagram of the location of the off -site parking lot shall be posted at the entrance of the restaurant at all times. 26. The parking lot layout including any future changes shall be subject to the review and approval of the City Traffic Engineer. - - -,--27; -- -The on= and off- site - parking lots shall have adequate lighting during hours -of darkness for safety of customers and pedestrians. 28. The applicant shall work with the City and adjacent property owner to the east (2547 Coast Highway) to construct the fourth leg to the signalized Coast HighwaylTustin Avenue intersection. The fourth leg is a vital component to improve valet operation, by providing a signalized approach at the project driveway. The applicant shall be responsible for their share of the cost for the signal improvements. Should this signal improvement not be implemented, the City Traffic Engineer shall require, and the applicant shall be responsible for, the implementation of other corrective measures deemed necessary in order to ensure adequate and safe vehicular access and valet/parking operations. 29. All delivery trucks shall be required to service the restaurant from on -site and shall be prohibited from loading and unloading on Coast Highway. Deliveries shall be scheduled outside the peak operating hours of the restaurant so that all access will not be blocked. 30. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the use permit approval. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 45 City of Newport Beach Planning Commission Resolution No. Page 9 of 10 31. The number of plumbing fixtures in the public restrooms shall comply with the Uniform Building Code (Appendix 29A). 32. A grease interceptor of adequate size shall be required in association with food preparation activities pursuant to the Building Code. 33. A wash -out area for refuse containers and kitchen equipment shall be provided and the area shall not drain into the storm drain system. The area shall drain directly into the sewer system, unless otherwise approved by the Building Director and Public Works Director in conjunction with the approval of an alternative drainage plan. Washing of refuse containers or restaurant equipment shall be prohibited outside of the washout area. 34. All trash shall be stored within the building or within water -tight trash containers stored within the trash (container) enclosure or otherwise screened from view from neighboring properties except when placed for pick -up by refuse collection agencies. The watertight -trash contairxereshall have a lid-or top that remains- closed at all times, except when being loaded or while being collected by the refuse collection agency. The applicant or operator shall maintain the watertight trash containers or receptacles so as to control odors, which may include the provision of fully self- contained containers or may include periodic steam cleaning of the containers, if deemed necessary. 35. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 36. The applicant or operator, his agents or employees shall immediately allow any properly identified on -duty Newport Beach Police Officer, no matter whether after normal business hours or not, access to the facility for purposes of conducting a lawful inspection of the premise operations at that particular time of the day and night. 37. The applicant or operator shall provide and maintain a clear 5 -foot 6 -inch entry corridor, as indicated on the floor plan dated April 1, 2004, into the main facility for emergency access. 38. The applicant or operator shall provide physical control points or other appropriate measures that would enable employees to regulate patrons in order to comply with occupancy limits. 39. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control for the restaurant uses shall be a Type 47 for full alcohol service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The consumption of alcoholic beverages shall be limited to the interior of the restaurant. The sale of alcoholic beverages for off -site consumption is prohibited. Ary change in the alcoholic beverage license type shall be subject to the 11 City of Newport Beach Planning Commission Resolution No. Page 10 of 10 approval of an amendment to this application and may require the approval of the Planning Commission. 40. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 41. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the ABC license. 42. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 41 No food and/or alcoholic beverages shall be allowed in the "smoking" porch area. 44. Th "uarterly gross sales of alcoW- is beverages shall not exceed- the -gross sales of food` during the same period. The licerisee shall maintain records that reflect'sepamtely the gross sale of food and the gross sales of alcoholic beverages. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City upon written request. up=3.036moreso.doc L17 Planning Commission Minutes 05/06/2004 Page 15 of 26 mixed use building so there are some apartments upstairs, approximately 10 to 15. Ms. Temple added that in the McFadden Square there are a number of buildings that were originally constructed with ground floor commercial and second floor apartments. On the ocean front, in addition to this building, two others with that configuration, (2100 Oceanfront and the Portofino Inn) which have since had the residential portions converted to hotel occupancies. While they may be considered commercial, they are still over night occupancies for more residential type uses plus throughout the whole area there are 2nd floor apartments. Motion was made by Commissioner Toerge to approve an amendment to Use Permit No. 3607 to extend the closing time for a bar to 1:00 a.m. seven days a week. Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker Noes: None Absent: None Abstain: None RR4 SUBJECT: Josh Slocum's Dinner & Supper Club (PA2003- ITEM NO. 4 220) PA2003 -220 2601 W. Coast Highway Approved A request for a Use Permit to expand a legal nonconforming restaurant by providing periodic lunch service, increasing the occupancy and allowing a nightclub operation with live entertainment and dancing between 9:00 p.m. and 2:00 a.m. each night. The request also includes a modification of minimum parking requirements since the use does not provide code required parking. Rosalinh Ung, Associate Planner, summarized the staff report noting a slide presentation: . The site is narrow and deep, approximately 10,000 square feet with a building of approximately 4,000 square feet. 13 parking spaces are provided on site. . Access to the site is off Coast Highway with the drive approach between two properties and has a unique access. . The floor plan with the restaurant arrangement shows the file: //H:\Plancomm\2004 \0506.htm 05/24/2004 W9 Planning Commission Minutes 05/06/2004 Page 16 of 26 majority of the area is designed for dining purposes with several levels: main dining area, upper dining area by the fireplace and the lower dining area toward the rear of the property was a patio, but has since been enclosed. . The proposed occupancy for this floor plan is for 143, which is an increase of 10 occupants more than currently approved by the Building Department (133). . The proposed nightclub arrangement floor plan has the main and upper dining areas turned into dance floors. Should the application be approved, this floor plan has to be clearly depicted and identified. The lower lounge area would be set up for dining with tables and chairs. . The proposed occupancy for the nightclub arrangement is 190, which does not include the employees. . The front entry to Josh Slocum has some parallel parking and angled parking. . There are three boat slips at the back with access via the gangway on the side of the establishment. . The existing bar inside the establishment is an arrangement that has been there for many years. . There are two sets of resolutions attached to the staff report. One is for approval of the entire application, the nightclub and restaurant. The second is for approval of the restaurant only. There have been changes made to these resolutions and were attached to the memo dated May 4th that had been faxed to the Commission. She then noted condition 8 of the resolution for approval of the restaurant and nightclub, the last sentence is to be removed. Commissioner Eaton asked for clarification of what is officially authorized, what the stipulation authorizes and what approval of the restaurant would add in addition to that and what approval of the restaurant and nightclub would add. Ms. Clauson answered that staff believes, and it is the City's position, that: . The grandfathered use was a restaurant with a smaller bar l area. . They did not have any permitted use for any live entertainment, or dancing, or operation as a nightclub. file: //H: \Plancomm\2004 \0506.htm 05/24/2004 5�0 Planning Commission Minutes 05/06/2004 . The City filed a lawsuit to stop the continued operations that were outside of the historical grandfathered use. . During that lawsuit, we entered into a stipulation and the City agreed to dismiss the lawsuit without prejudice at that time in exchange for the applicant's agreement to process a use permit to gain the approvals that they needed to operate the way they wanted to. The agreement at that time was that they would continue to operate under their historical grandfathered use but did not have the right to operate as a nightclub, to have dancing or live entertainment until such time they obtained approvals to do so with the exception of having a special event permit to have those on two occasions so that acoustical testing could be done to determine what conditions the operation could operate. . The dancing has continued and is continuing without authorization. Ms. Ung added: . The approval of the restaurant would approve an increase of occupancy of ten bringing it to 143 from 133. . The approval of the nightclub and the restaurant would approve the occupancy up to 190 and live entertainment and dancing. The 190 does not include the employees. . The restaurant includes a general alcoholic beverage permit. Commissioner Selich noted that the staff report states the Commission has two options. Do we not have the option to leave this as it is? Ms. Temple noted that is an option, but staff felt that since the applicant was able to accomplish the additional parking to support the additional occupancy in a manner similar to what had previously been approved, we did not have a problem with that. However, the Commission can deny the application and leave the operation stay as is. She added that this use permit is not a use permit pursuant to the Alcohol Beverage Ordinance (ABO), so we took out the ABO standard conditions in the revised resolution for approving the restaurant. Commissioner Eaton asked if condition 30 could be added back in even if this is not specifically an ABO request. Page 17 of 26 ff le: //H:\Plancomm\2004 \0506.htm 05/24/2004 51 Planning Commission Minutes 05/06/2004 Page 18 of 26 Ms. Temple answered that the conditions should relate nexus wise to the request, however, you could add it. Bill Hodge, of Hodge and Associates, representing the applicant Random Interactive, noted the following: . He has worked with staff for several months to refine the original application. . He had retained a noise consultant to analyze the noise emanating from the restaurant when the live entertainment was taking place and that was done last June. The noise study indicated that the noise from the restaurant was within the City's standard for exterior noise in the areas that were measured. . We are willing to accept conditions as they are proposed in terms of sound attenuation for the establishment to make sure that noise from the establishment is ameliorated. . We have met the parking requirements and the three additional spaces that are subject of a waiver request may not be necessary as the owner plans to eliminate two of the boat slips behind the restaurant as of June 1st so that will be down one parking space under what is required. . We offer dinner later than 9:00 p.m., so it is a dining and drinking establishment. In the upper lounge area, people are allowed to eat dinner while dancing and entertainment would take place after 9:00 p.m. . We have reduced the occupancy from the original submittal down to 190 as mentioned tonight. . He asked that the applicant's request for a restaurant and nightclub be approved. At Commission inquiries, Mr. Hodge stated: . Employees park either at the municipal lot behind 'Margaritaville' or on the street. . The establishment has had a disc jockey on some nights with dancing since the original stipulation as it is an economic issue. They have come forward now because they want to secure a use permit in order to operate under the City's guidelines and address problems that have been a concern to the City. file: //H: \Plancomm \2004 \0506.htm 05/24/2004 �oZ Planning Commission Minutes 05/06/2004 Page 19 of 26 . It is an unusual piece of property and in order to have a dance floor, it is necessary to move some of the tables and chairs out of the restaurant to accommodate a dance floor. . The interest in having the upper dance floor was to try and make the capacity work in terms of the aisles that were needed for a safe exit in case of emergency. . Access is controlled into the restaurant for use of restroom facilities when people are waiting to get in. That control starts where the smoking porch begins. Typically people are escorted through the doors into the restaurant area, which is still in a hallway before you actually get into the dining room /dancing area. They would be taken into the restroom where there is an attendant in the restroom and then they would be escorted back out. Martin Weinberg, resident of Via Lido Nord, noted: . He and his wife have been disturbed many nights due to the drums and loud noise that emanates from Josh Slocum. . Within the past six months, he visited the restaurant. He went to the disc jockey area and noticed that a board had been removed from the floor. The music was therefore going to the outside. . As a resident across the bay, he and several neighbors are negatively affected by this conduct. . Concurrent with this, he had called the Police Department and asked them to quiet the restaurant down. After the police arrived, the noise would quiet down for a while, but then it would get louder after the police left. . He had, on two different times, police officers at his home who agreed that the level of noise was very excessive and would prevent anyone from sleeping. . He has called many, many times for the police to take care of the problem. It has been very distressing. . If there are not some restrictions placed on this establishment, there will be a lot more aggravated residents of Lido Isle and the surrounding area. 190 people in that restaurant at one time is an awful lot of people. file: //H:\Plancomm \2004 \0506.htm 05/24/2004 G3 Planning Commission Minutes 05/06/2004 • Besides the ambient noise emanating from the establishment, he is troubled by the lack of respect that the present ownership has shown with regard to the residents and to the Police Department. . He read the report by the Police department and it is not flattering one. • The important thing is that we are entitled to peace and quiet in our homes. Whatever you ultimately decide, it should be with keeping in mind that they have a right to make a living and we have a right to enjoy our homes and get a good night's sleep. . He has reviewed the conditions in the staff report and asked that the doors be kept closed and install double paned window glass. His main concern is the occupancy level of 190 people as he believes it is too excessive. • Amplified music should be kept at a minimum as he believes drinking and dancing will be the main activity and that dining will be modest. Sheila Baker, resident of Via Lido Nord across from Josh Slocum stated similar concerns of the noise problem as the previous speaker especially since it will be every night. Maryann Baker, resident of Via Lido Nord across from 'Windows on the Bay' noted her concern of the noise as it seems amplified over the water and asked that no amplified music be allowed since the facility is so small. She asked where the measurements for the noise study were done from. Ms. Temple answered that the sound study measurements were taken from 6 different locations: within the building, immediately outside the building, at the balcony of the property that is east of the establishment, across Coast Highway at the closest park on Lido Isle and by the bridge connecting Lido Isle to the Balboa Peninsula. Robert Baker, resident of Via Lido Nord across from Josh Slocum stated: . There has to be a balancing of equity between the business versus the residents. . The applicant and its predecessor has for decades violated the rules and operated without the proper permits. Page 20 of 26 file: //H: \Plancomm \2004 \0506.htm 05/24/2004 �q Planning Commission Minutes 05/06/2004 Page 21 of 26 . If you make more rules it's going to constantly have the police, constant complaints to the City, enforcement will be a problem and some of the alleged owners of the property have defied the Police Department on numerous occasions and the restaurant has had numerous complaints. There is little that can be done about it as a resident. . Nobody wants a nightclub in the back yard. This is a rowdy place. . Where are these 190 people going to go in this small area, there will be loud drunks going in and out. It is always jammed and crowded. Going in and out of the parking lot is hazardous already and allowing more people will exacerbate the problem. . They are proposing later hours, which is very bad for people who live across the bay because the noise travels across the water. You can hear the people talking. . The noise tests conducted at the park is a half mile down from where we live, and at the bridge is not effective where we live. . You can impose whatever conditions you want, I don't feel they will comply with them. . We are left with very little recourse other than to keep complaining and I think it is an insult to the Police Department to continually have to call and say Josh Slocum patrons are making noise. Then the police go out check the noise at the restaurant, they turn it down and fifteen minutes later it is back up again, night after night. This goes on seven nights a week. It is not fair to the residents. . The property was bought as a restaurant and its use was known. They have been operating without permits and now they are asking for the permits to continue legally and expand the use. . He requested that the application be denied. Captain Tim Riley, Detective Division Command, noted the following at Commission inquiry: . By having less occupancy we anticipate less problems, but we are still going to have significant problems, as we have experienced at this location for the past several years. fi le: //H:1Plancomm1200410506.htm 05/24/2004 5 5 Planning Commission Minutes 05/06/2004 . We have observed violations that included dancing and since January the police have responded to 39 formal calls for service that included vandalism, drunks, disturbances, fights. . There were two significant fights inside the bar last month. One of their employees was physically attacked and knocked to the ground, the suspect had to be restrained. Another fight that originated in the hallway ended up in the men's restroom where a donnybrook ensued. They had to be separated. It is just been significant problems. Public comment was closed. Chairperson McDaniel asked for a straw poll of how many Commissioners have an interest in the nightclub approval aspect of this application. Commissioner Eaton stated that he is leaning towards disapproval as the establishment as it has caused a lot of problems as the record shows. The establishment has continued on a significant number of nights with dancing contrary to what staff believes is their right to do. The Police Department has pointed out enough specific problems that would occur with the approval that we should not approve it. Commissioner Cole concurred stating that there is enough concern with noise by the residents as well as non - compliance and would not approve a nightclub use. Commissioner Toerge noted that some of the conditions could mitigate the problems that the residents have spoken tonight. He is not prepared to deny that portion of the application in a straw vote and would like to hear from some of the other Commissioners on this matter. Commissioner Selich stated he is not in favor of the nightclub operation. In addition to the other issues that were brought up, the site is too small to increase the intensity of the use by switching from a restaurant to a nightclub bringing in additional people. There are continuing traffic problems going in and out with the existing operation, so to exacerbate it more by increasing the occupancy load and the frequency and the changeover in clientele, creates more traffic hazards on Coast Highway. He supports a restaurant there, and would prefer it to stay at 133 seats, but based on staffs comments that they feel the offsite parking agreement would warrant the additional ten seats, then will respect their conclusion. Commissioner Kiser noted his agreement with the previous Page 22 of 26 file: //1-1: \Plancomm \2004 \0506.htm 05/24/2004 j(,p Planning Commission Minutes 05/06/2004 Page 23 of 26 comments. Commissioner Tucker noted that this is a worst case scenario and maybe it will get better. A nightclub is a place where you go to drink and party. In that location it is tough to add people with all its physical problems of just getting in and out of the facility, it just doesn't make any sense there. He concurs about the restaurant with the existing capacity and would like to see them run properly what they have before the come back and ask for more. Chairperson McDaniel stated that was his point as well. He would like to see them deal with what they have got and then we will talk about anything else after that. Commissioner Eaton noted that for ten seats there is an advantage in getting all the new conditions in place. It would make it easier to enforce the operation as a whole. He would vote for an approval and if there is enough of a nexus, would put that condition on the alcoholic beverage back in as well. Motion was made by Commissioner Cole to approve Use Permit No. 2003 -036 as proposed by the applicant without the nightclub according to the findings and conditions for the restaurant only and include that condition (30) on the alcoholic beverage as well. Commissioner Toerge noted: . Condition 22 - regarding the offsite parking agreement recordation should be recorded on the parking lot property with the subject property being the beneficiary. . Noted his concern with stretch limousines and taxi cabs accessing the site as they tend to park in the street and block the number 2 lane. . Condition 25 - regarding posting a diagram of the off -site parking lot should be of a certain size, legible and illuminated. ,Condition 28 - what are the 'other corrective measures deemed necessary'? Should the signal improvement not be implemented? Mr. Brine noted that the valet parking plan has not been finalized, so staff can address the issue of limousines and taxi cabs in condition 23. He added that the corrective measures would rely on the congestion level and current problems on Coast Highway and there would probably be changes to the Parking Management Plan to address those problems. file: //14:\Plancomm \2004 \0506.htm 05/24/2004 57 Planning Commission Minutes 05/06/2004 Page 24 of 26 Commissioner Tucker asked about Condition 36 allowing police officers conducting inspection of the premises at any given time. Captain Riley answered that the police requested this condition due to a violation of the alcohol beverage control limitations where there was alcohol being served after hours. The establishment refused entry of our police officers who then had to force entry and made arrests based on that violation. It was a very uncooperative staff. This also has to do with enforcement of the Municipal Code and any other applicable ordinances that we have the authority to enforce especially having to do with after hours enforcement. Ms. Clauson stated that a condition may not make it any better. The police have whatever rights under the alcohol beverage state law regulations and their own regulations to get access. I don't know that a condition is going to help with enforcement. Ms. Temple noted that these are all new conditions that will apply to the site. The changes were from the original proposed conditions. Ms. Temple noted that condition 30 that was deleted is a standard condition for ABO use permits or for use permits for the Alcohol Beverage Outlet Ordinance. It was incorporated into these conditions for approval, however, we have noted there is no ABO Use Permit for you and thought it appropriate to eliminate it. Ms. Clauson noted it is a nexus issue. You may not necessarily have to have an ABO use permit application before you to determine that there is a need for this condition for the operation of that business even as a restaurant. I suggest that if you want to put it in, you should. Ms. Temple noted that she would like to put in an additional finding' in the resolution that would indicate that conditions of this nature are necessary because of the increase in occupancy being granted. The maker of the motion agreed. Mr. Bill Hodge stated that these changes are acceptable noting the right to appeal to the City Council. Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker Noes: None Absent: None Abstain: None file: //H: \Plancomm\2004 \0506.htm 05/24/2004 t g CITY OF NEWPORT BEACts APPLICATION TO APPEAL DECISION OF THE PLANNING COMMISSION 00.3 -220 'L� iIG`j % AS :?l Application No. 2 _ Name of Appellant Bill Hodge. of Hodge & Associates or person filing: fnr Rnn/inm Tnterartive, Tnr- Phone:(9G,q.Y'�4:R7' —iJ. Address: _24040 Camino del Avion #247. Mo-narch Beach,- CA. 92629 Date of Planning Commission decision: May 6 12004 Regarding application of:Josh Slocum's Dinner and Supper Club for (Description of application filed with Planning Commission) a use permit to allow entertainment and dancing after the main dinner hours at the restaurant. Reasons for Appeal: Planning Commission denial of the requested use permit after the -Rroject met noise standards, parking standards, occupancy standards traffic circulation standards and committed to further noise attenuation measures. Date May 20, 2004 Signature of Appellant O CITY CLERK i FOR OFFICE USE ONLY 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. 20.95.060) cc: Appellant Planning (Furnish one set of mailing labels for mailing) File APPEALS: Municipal Code Sec. 20.95.050(B) Appeal Fee: $455 pursuant to Resolution No. 2003 -40 adopted on 8 -12 -03 (effective 8- 13 -03) (Deposit funds with Cashier in Account #2700 -5000) 1�p co E 0 W .r. co 0 mm) Py . 1, I 4i it. JSa rt un r�. Ka yy` 6J TM CIO Py . 1, I 4i it. JSa rt un r�. Ka yy` 6J TM a d `C w$ C)w " oz� .. 43 w o W a _ w �^ F^ O c O § 8 p Z Y� = g= /l lam] g`= a CZ i _ Q 0 C: ,CWT ' LL cz Zi 5a J lO� u u l�� u rr n IF_j. NCO]: L Li G3 mw� Imp G Y z WD C"r CZ J Z5 I. 11 E tu C: cz 0 cl 0 LL cm slItItIllitill z mw� Imp G Y z WD C"r CZ J Z5 I. 11 ol . 0g tu cl < Ld C) z Ev "SEP .241 z < ox- o< mw� Imp G Y z WD C"r CZ J Z5 I. 11 Please see Use Permit No. 2003 -036 for the Site Plan/Floor Plan/ Vicinity Map O O O OWN di 4. cu cu 4-1 .0 U) (1) ry E U) 0 U) co 0 I L cr 4) OC Im E 0 0. N VJ A.-O ^o^ W ' U) / 0 4-1 co 0. U 0 co 0. x w Hl- co Vl �U 0 a) E .m V. 2 w 0 EO El V1 L n 2 0 0 mo Q a) 0 P a) E C 2 w 0 EO 0 N I I a -4--j m ' -1 VJ O U .O Z T .c co O 0 U L \W ' -1 ^V,J `W 1 O E I..L _> U U O m L'I VJ 'a) 0 °' �a) a) > O 00. Z E O� cn E cn O O U0� 0 W O O I..L cn L O F W� C +r k c. W M (A ma 0 CL 0 61 as mc �w No CD %M Im c 4) 0 o cn o U U � cn U 0 Z . ..... ..... . 0 0 c O 4) LM E w E 0 LM 0 CO r 0 20 LM A (1) 13 LM 0 0 0 Cl) 0 x (1) Cl) E > 00 Z -0 -0:] 0 Cl) 4) 0 0 > Cl) LLI.S (1) Cl) 4) LM E w E 0 LM 0 CO r 0 20 LM A 0 U E > 0.0 LM c 0 U Im c ox IL 4-0 C/) LL 0) C: co C/) 0 LL 3 mo C: cu E 0 -O.-A cm C: mo 0 0 0 0 cn 4-1 CD co H 4-1 co 0) C: C/) C/) 0 C: 0 0 4-0 (1) M� L) 4m-j L) (1) (1) ch 4-0 0 C: C: -0 Co 4-0 N C/) a) Co 73 C: a) .9 0. U) a) 73 co L. 0) CL :D C: 0 L) -4 .. a a) C/) C: C: a) -4--j co Q. .5 tf co 0. Due W c O O 10 LM LM COD LM 0 cn 0 LL LM 4) LL cn CL LLI 0 E E 0 LLI mi 0 0 LM LM a a F- LM LM Cl) mi LL 10 U) c O O 0. zil CO 0 a. LM O LM 0 IL zil co O �� 0 CO a N co 0 LM cn LM 0 LM LM 0 LM ::Ol O C/) co Vcn co rML od CY) co Co E CD - -0 0 cn a) E q cn a) W .0% mm� < wc: O cu o -r— c: 0 cn a) cn C: C: o cn a) a) a) a) o E .4--a cn z a) a) a) •CU C: a) 0 CD cn mc C: x in. w C) 0� C/) 01 RE N CL N x 4) Z co W O 0. 0. Q O 0. Z) cn � O � 2 L co Q Q co O E �_ O ' 0 O O �,, z O_ N C: � O (� c �-o E c: L 0 O L C: C: O N co 4-j Q cn tf - � •� � Q .� .� Z W � U) .cn > c:� -� '� a) cn ca. 1121, 2010 05: o"s P3,S MR. & MRS. HOWARD C. MARTIN 215 OCEAN VIEW AVENUE NEWPORT BEACH CALIFORNIA 92663 NEWPORT CITY COUNCIL C 001 PLANNING RECEIVED CITY OF NEWPORT BEACH JUN 1 8 2004 AM PM 7;819110111I12111213I41516 JUNE 18, 2004 RE: JOSH SLOECUM'S DINNER & SUPEER CLUB DEAR COUNCIL: WE ARE VERY MUCH AGAINST THE REQUEST FOR LIVE ENTER- TAINMENT AT JOSH SLOGUM'S & DANCING FROM 9 P,M, TO 2 A.M. WHAT HAPPENS IS, TUSTIN AND OCEAN VIEW BECOME THERE PARK- ING LOT AND AFTER 2 A.M. WE HAVE TO LISTEN TO ALL THE NOISE AS THE HAPPY PEOPLE ARE MAKING WAY TO THERE CARS. ITS BAD ENOUGH THAT WE HAVE TO PUT UP WITH IT DURING THE DAY WHEN ALL THERE EMPLOYEES PARK IN FRONT OF OUR HOMES AND GO TO WORK AT ALL REASTURANTS DOWN IN FRONT. PLEASE DO NOT ALLOW THIS. VERY TRULY YOURS, I TOWARD & JOANNE MARTIN W (949) 646 -8402 EZ; I I - OWN W.MoSel NOTICE OF PUBLIC HEARING Use Permit No. 2003 -036 (PA2003 -220) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Random Interactive Inc (Josh Slocum's Dinner & Supper Club ), for Use Permit No. 2003 -036 on property located at 2601 W. Coast Hig way. The property is located in the SP -5 District and designated as Recreational Marine Commercial. An appeal of the Planning Commission's approval to allow the expansion a legal nonconforming restaurant to provide periodic lunch service increase the occupanev and modify the minimum parking requirements The PlanninEj Commission denied a request to operate a nightclub with five entertainment and dancing beM,een 9.00 p.m. and 2 a.m. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) '_NOTICE IS HEREBY ]FURTHER GIVEN that said public hearing will be held on June 22, 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644- 3200. i LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING Use Permit No. 2003 -036 (PA2003 -220) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach wdll hold a public hearing on the application of Random Interactive, Inc (Josh Slocum's Dinner & Supper Club), for Use Permit No. 2003 -036 on property located at 2601 W. Coast Highway. The property is located in the SP -5 District and designated as Recreational Marine Commercial. An appeal of the Planning Commission's approval to allow the expansion a lee nonconforming restaurant to provide periodic lunch service increase the occupancy and modify the minimum parking requirements. The Planning Commission denied a request to operate a nightclub with live entertainment and dancing bem,een 9.00 p.m. and 2 a.m. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California En -Ndronmental Quality Act under Class 1 (Existing Facilities) NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on June 22 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING Use Permit No. 2003 -036 (PA2003 -220) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Random Interactive Inc (Josh Slocum's Dinner & Supper Club), for Use Permit No. 2003 -036 on property located at 2601 W. Coast Highway. The property is located in the SP -5 District and designated as Recreational Marine Commercial. An appeal of the Planning Commission's approval to allow the expansion a legal nonconforming restaurant to provide periodic lunch service increase the occupancv and modify the minimum parking requirements The Planning Commission denied a request to operate a nightclub with five entertainment and dancing between 9.00 p.m. and 2 a.m. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on June 22, 2004, at the hour of 7:00 p.m, in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 - 3200. ��mAk -� LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING Use Permit No. 2003 -036 (PA2003 -220) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Random Interactive. Inc (Josh Slocum's Dinner & Supper Club), for Use Permit No. 2003 -036 on property located at 2601 W. Coast Highway. The property is located in the SP -5 District and designated as Recreational Marine Commercial. An appeal of the Planning Commission's approval to allow the expansion a legal nonconforming restaurant to provide periodic lunch service, increase the occupancv and modify the minimum narking requirements The Planning Commission denied a request to operate a nightclub with live entertainment and dancing between 9.00 p.m. and 2 a.m. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on June 22. 2004, at the hour of 7:00 p.m, in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach. California. at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 - 3200. LaVonne M. Harness, City Clerk City of Newport Beach 423 131 06 DAVID H TR CAV,ANAUGH 116 VIA LIDO NORD NEWPORT BEACH CA 92663 423 131 C7 MCGURK 114 VIA LIDO NORD NEWPORT BEACH CA 92663 423 131 10 ROBERT L TR BAKER 108 VIA LIDO NORD NEWPORT BEACH CA 92663 423 131 11 423 131 12 423 131 13 n JOHN W & EMELI_ E GATES TIMOTHY J MULLAHEY MARTIN B TR WEINBER� 226 HIDDEN VALLEY LN 104 VIA LIDO NORD . . 18101 VON KARMAN AV . CASTLE ROCK CO 801 08 \Q NEWPORT BEACH CA 92663 IRVINE CA 92612 i 423 131 14 423 131 17 423 13118 WILLIAM A & CAROLYN KLEI JESS E MENDOZA ROBERT K & SUZANNE C BARTH 101 VIA LIDO SCUD PO BOX 1279 433 N CAMDEN DR #1070 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92659 BEVERLY HILLS CA 90210 423 131 19 423 131 20 423 131 22 JOHN TR NEIDLINGER EVA ACOSTA MITCHELL 17570 POSETAND RD ' 2246 S OAK KNOLL AVE" PO BOX 2683 PACIFIC PALISADES CA 90272 SAN MARINO CA 91108 NEWPORT BEACH CA 92659 .423 131 23 .' 423 13201 .423 132 02 BENNET7 M E TR KOFFQRD JR, MAX D TR MAX D T SWANCUTT SR, 1.03 VIA LIDO SOLD 105 VIA ORVIETO 9099 BLACKBIRD AVE NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 FOUNTAIN VALLEY CA 92708 423 132 03 423 132 05 :.:423 132 06 VIRGINIA DEY H E TR ALDERSON MARY J ROGERS 9225 BAYSIDE DR 802 SPIRIT i ' 1410 CORTE BRAVO CORONA DEL MAR CA 92625 !COSTA MESA CA 92626 :!.SAN MARCOS CA 92069 425 471 09 .: 425 471 12 .:425 471 13 CITY OF NEWP BEACH ANTONY W SHAW DAN M PERLMU}��ER 3300 NE RT BLVD :3416 VIA OPORTO #300 450 NEWPORT 0 TER DR NE RT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEAK H 2660 425 479 18 425 471 19 425 471 54- GILBERT GRATTAN TR FOERSTER BARBARA GRAY JACQUELINE JOY TR HUMPHRIES 4.06 S LA ESPERANZA PO BOX 63700 1836 GALAXY DR SAM CLEMENTE CA 92672 SAN FRANCISCO CA 94163 NEWPORT BEACH CA 92660 425 471 55 : 932 550 01 932 550 02 - .DICKSONTRSHAFER .'POAG MARSHACK 232 EVENING CANYON RD : 601 LIDO PARK DR 601 LIDO PARK DR #2F CORONA DEL MAR CA 92625 i NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 932 550 03 932 55005 . 932 550 06 GLORIA MARIA WILLIAMS ARTHUR W &'MAUREEN M TATE SPARKS ENTERPRISES L P PO BOX 204 601 LIDO PARK DR #1E PO BOX 1299 PALM SPRINGS CA 92263 NEWPORT BEACH CA 92663 LAKE FOREST CA 92609 932 550 09 RESSEL DOROTHY & ARENS ELEANOR 2520 E 16TH ST NEWPORT BEACH CA 92663 932 550 10 932 550 11 MYRTLE M TR CONE ELDON E TR KIEHLER 601 LIDO PARK DR #2D 601 LIDO PARK DR #2E NEWPORT BEACH CA 926663 NEWPORT BEACH CA 92663 932 550 12 .932 SSD 13 IRVING L MARSH WILLIAM NORVAL CRAIG 601 LIDO PA R #2F 601 LIDO PARK DR #3A NEWPO EACH CA 92663 NEWPORT BEACH CA 92663 932 550 15 TMC INTERNAITONAL INC 1505 WALLACE DR #136 CARROLLTON TX 750066 932 550 18 DONALD TR GREGORY 601 LIDO PARK DR #3F NEWPORT BEACH CA 92663 932 550 16 JENNIFER E ZINSMEYER 601 LIDO PARK DR #3D NEWPORT BEACH CA 92663 932 550 19 DEBBORAH A RILEY 601 LIDO PARK DR #4A NEWPORT BEACH CA 92663 932 550 14 DONALD P & MARCIA M YUST 601 LIDO PARK DR #3B NEWPORT BEACH CA 92663 932 550 17 WINTHROP C TR HOPGOOD 601 LIDO PARK DR #E -3 NEWPORT BEACH CA 92663 932 55020 CLIFFORD G & ANNIE C SECHRIST 601 LIDO PARK DR #46 NEWPORT BEACH CA 92663 932 550 21 .: 932 55023 932 550 24 WARREN PLATT L C HOPPER CHRISTINE D IGER 3445 E RANCHO DR 601 LIDO PARK DR #4E 601 LIDO PARK DR #4F PARADISE VALLEY AZ 65253 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 i' 932 550 25 932 55027 1 932 55029 DAVOOD GUITY -MEHR JOSEPHINE S WRIGHT MARTIN M ATALLA 601 LIDO PARK DR #5A 601 LIDO PARK DR #SC 18 MONTE VISTA AVE . NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92 ; :: ATHERTON CA 94027 93255030 932 55031 932 550 32 JOSEPH A & WORKMAN SUSAN REILLY DAICHENDT . RICHARD W TR DAILY 601 LIDO PARK DR #5F 601 PARK LIDO DR #6A 601 LIDO PARK DR #6B NEWPORT BEACH CA 92663 NEWPORT BEACH CA 926663 ii NEWPORT BEACH CA 92663 902 550 33 932 55034 932 55035 RUTH ANN SEGERSTROM TR MORIARTY : GARY J TR DAICHENDT ORTLUND 2035 N VICTORIA DR 2620 RIVIERA DR 601 LIDO PARK DR #6E SANTA ANA CA 927DS :. LAGUNA BEACH CA 92651 : NEWPORT BEACH CA 92663 . 932 550 35 932 55038 932 55039 - RICHARD O TR THIES HAMID R DIBADJ DOROTHY M MILLER 601 LIDO PARK DR 601 LIDO PARK DR #7B 11091 COLONEL RD NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92563 SANTA ANA CA 92705 93255040 932 55041 932 55042 ROBERT J HERBERT RICKARD MARY JANE #A ALEX BORTNIK 201 SHIPYARD WAY #6 601 LIDO PARK DR #7E 10560 WILSHIRE BLVD #1B04 NEWPORT BEACH CA 926663 NEWPORT BEACH CA 92663 LOS ANGELES CA 90C24 03255043 PETER TR PLOTKIN 9700 AVIATION BLVD #1 LOS ANGELES CA 90045 932 550 44 JAMES A TR SANDERS 601 LIDO PARK DR #8B NEWPORT BEACH CA 92663 932 550 47 932 550 48 HISHAM EL- BAY.AR K R MCDONALD 6406 W OCEAN FRONT C PO BOX 1072 NEWPORT BEACH CA 92663 LANCASTER CA 93584 932 550 50 HENRY H TR MCDONALD 3121 W COAST HWY #6A NEWPORT BEACH CA 92663 932 550 53 BIANCHI DONNA S 601 LIDO PARK DR #9E NEWPORT BEACH CA 92663 932 55056 VINCENT TR KONTNY SDI LIDO PARK DR #26 NEWPORT BEACH CA 92663 932 550 62 HAROLD R COLLINS 611 LIDO PARK DR 92C NEWPORT BEACH CA 92663 932 550 65 EDWARD JWOLD :.611 LIDO PARK DR #2F NEWPORT BEACH CA 92663 932 550 68 GOULD EDWARD R & M A 611 LIDO PARK DR #3C NEWPORT BEACH CA 92663 932 55071 EUGENE TR ALLEN 3452 MANDEVILLE CANYON RD LOS ANGELES CA 90049 932 55074 GEORGIA TRAVASSAROS 61.1 LIDO PARK DR #4C NEWPORT BEACH CA 92663 932 550 51 BEVERLY C TR MORGAN 601 LIDO PARK DR #9C NEWPORT BEACH CA 92663 .93255054 ORTUNO ELIANE & AKA KITTS ELIA 601 LIDO PARK DR #9F NEWPORT BEACH CA 92663 932 550 60 ;. FRANK G MCKENNA 611 LIDO PARK DR #2A .. NEWPORT BEACH CA 92663 .93255063 WILLIAM E & SALLY A KENDRICK 611 LIDO PARK DR #2D NEWPORT BEACH CA 92663 932 550 66 CITY HOPE 208 W 8TH ST I ' LOS ANGELES CA 90014 :. 932 550 69 YACK 611 LIDO PARK DR #3D NEWPORT BEACH CA 92653 . 932 550 72 OSCAR A & GABRIELA MATTHEWS 611 LIDO PARK DR #4A NEWPORT BEACH CA 92663 932 550 75 PHILIP TR SHEATS 611 LIDO PARK DR #4D NEWPORT BEACH CA 92653 932 55045 REED ROBERT R SURVIVORS PO BOX 8509 NEWPORT BEACH CA 92658 932 55049 HOSSEIN F GUTTY -MEHR . 601 LIDO PARK DR #9A NEWPORT BEACH CA 92653 932 55052 ROYAL D TR TUCKER 601 LIDO PARK DR #9D :::NEWPORT BEACH CA 92663 932 550 55 TED C & GLADYS S WI ON 601 LIDO PARK DR #1' NEWPORT BEACH CA 92663 932 550 61 GOUVIS HOLDING LTD 24772 WINTERWOOD DR LAKE FOREST CA 92630 .932 55064 CARL R & PATRICIA G BECK 611 LIDO PARK DR #2E .NEWPORT BEACH CA 92663 932 55067 MARGARET M TR HOGAN .611 LIDO PARK DR 93B NEWPORT BEACH CA 92663 932 55070 GORDON KELLY 1719 AMBASSADOR AVE BEVERLY HILLS CA 90210 932 55073 WALTER G TR PARSEL 611 LIDO PARK DR #4B NEWPORT BEACH CA 92563 932 55076 OSCAR A MATTHEWS 611 LIDO PARK DR #4E NEWPORT BEACH CA 92663 1 V3R1J- 11R -An6 -r nn�� +r�� -r rr�r�r Len.un�.. 932 550 77 WILLIAM E BLUROCK 611 LIDO PARK DR #8A NEWPORT BEACH CA 92663 932 550 80 KATHERINE TR ABERCROMBIE PO BOX 9 SANTA BARBARA CA 93102 93255076 CARL M & JAMES M FERRARO JR. 611 LIDO PARK DR #5A NEWPORT BEACH CA 92563 932 550 81 JENNIE DAMON TR ASPIN 909 COAST BLVD #22 LA JOLLA CA 92037 032 550 79 JOHN SEVERIN NELSON 2086 BALMER DR LOS ANGELES CA 90039 932 550 82 EDOUARD RABOT PO BOX 721 DANA POINT CA 9262 932 550 83 932 550 84 93255085 FARZINE MASSY JAMES W REZNICK RAMON BALTAZAR 210 LILLE LN #210 611 LIDO PARK DR #6A 15390 DEL PRADO DR NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 HACIENDA HEIGHTS CA 91745 932 55086 .: 932 550 87 932 550 89 MODNICK CARROLL D TR CONE JR. FOSTER BRUCE Q 611 LIDO PARK DR #C-6 611 LIDO PARK DR #6D 611 LIDO PARK DR #6F NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 932 550 90 :: 932 550 91 ' : 932 550 92 - HELEN P HOLDEN ..'MARY H MILLAR EHLA JO TR TRIPLETT .611 LIDO PARK DR #7A , ' 611 LIDO PARK DR #7B � 1107 CALLE ARCANO • NEWPORT BEACH CA 92663 :: NEWPORT BEACH CA 92663 SAN DIMAS CA 91773 932 550 93 932 550 94 932 550 95 HELEN TR REISS WILLIAM 'E TR BLUROCK ; : JOHN H & BARBARA W HARRIMAN JR. 2827 N KINGSGATE DR 611 LIDO PARK DR #8A 245 S PLYMOUTH BLVD ORANGE CA 92867 NEWPORT BEACH CA 92663 ;:LOS ANGELES CA 90004 Ii 932 SSD 96 932 550 97 .932 550 98 HARRIMAN JOHN &BARB HERBERT M & MARILYN RUTH PIKEN ROY J TR SHLEMON 245 S PLYMOUTH BL I '13063 BLAIRWOOD DR PO BOX 3056 LOS ANGELES 0004 STUDIO CITY CA 91604 NEWPORT BEACH CA 92659 932 550 99 :i 932 551 01 — , 932 700 01 STEVEN R ROSKO REX BAILEY PATRICIA R TR MCCOY :. PO BOX 1443 611 LIDO PARK DR #7E , , 621 LIDO PARK DR #F1 NEWPORT BEACH CA 92659 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 93270002 932700 03 93270004 SEAN AFSHAR BLUNDEN BARBARA L sJOHN M WORD III 624 LIDO PARK DR #E1 2515 ARROYO DR 621 LIDO PARK DR # 2 NEWPORT BEACH CA 92663 ;'' RIVERSIDE CA 92506. NEWPORT BEACH Cv 92003 93270005 932 700 06 932 700 07 WILLIAM R & GLORIA A SCHMIDT JOHN MILAN TR POLOVINA MILLER 621 LIDO PARK DR #F3 . 621 LIDO PARK DR #E3 535 DUNNEGAN DR NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92653 LAGUNA BEACH CA 92651 �1 eaoe�r_nn_nnn_i _nrtI w -eAw�i - A'e=.v xn 932 7DD 17 MARCOE J & J 621 LIDO PARK DR #B3 NEWPORT BEACH CA 92663 932 840 03 ANTHONY J PETRUCELLI 17522 VON KARMAN AVE IRVINE CA 92614 193284006 RICHARD MACDONALD 633 LIDO PARK DR #6 NEWPORT BEACH CA 92663 932 840 09 GEORGE A TR PRYOR 633 LIDO PARK DR #B1 NEWPORT BEACH CA 92663 932 640 12 'W CLARKE PRESCOTT 633 LIDO PARK DR #B2 NEWPORT BEACH CA 92563 932 840 15 SCOTT MILLER 633 LIDO PARK DR 915 NEWPORT BEACH CA 92663 932 840 18 REED G TR BAUMAN PO BOX 2537 NEWPORT BEACH CA 92659 • 932 84001 932 840 02 RENE L TR VEGA 93270008 932 70009 932 700 10 SUSAN K GAEDE MICHAEL J OKELLY LEAH M FELTY 1301 DENISE CT 621 LIDO PARK DR #9 621 LIDO PARK DR #A1 BREA CA 92821 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 932 700 11 932 700 12 93270013 MELINDA RHODES & AFAF AMIN GOLDNER JAY M &DENISE 621 LIDO PARK DR #AZ 1963 STARVALE RD 1227 N HIGHLAND AVE NEWPORT BEACH CA 92663 GLENDALE CA 91207 LOS ANGELES CA 90038 932 700 14 : 932 700 15 93270016 - - -- - -_ LORRAINE TR DAVIS DENNIS EASTHAM NEWMAN JAMES PO BOX 2932 21835 VERNON RIDGE DR 621 LIDO PARK DR #16 NEWPORT BEACH CA 92659 MUNDELEIN IL 60060 NEWPORT BEACH CA 92663 932 7DD 17 MARCOE J & J 621 LIDO PARK DR #B3 NEWPORT BEACH CA 92663 932 840 03 ANTHONY J PETRUCELLI 17522 VON KARMAN AVE IRVINE CA 92614 193284006 RICHARD MACDONALD 633 LIDO PARK DR #6 NEWPORT BEACH CA 92663 932 840 09 GEORGE A TR PRYOR 633 LIDO PARK DR #B1 NEWPORT BEACH CA 92663 932 640 12 'W CLARKE PRESCOTT 633 LIDO PARK DR #B2 NEWPORT BEACH CA 92563 932 840 15 SCOTT MILLER 633 LIDO PARK DR 915 NEWPORT BEACH CA 92663 932 840 18 REED G TR BAUMAN PO BOX 2537 NEWPORT BEACH CA 92659 • 932 84001 932 840 02 RENE L TR VEGA GENE A FRANSEN 2180 IOWA AVE 633 LIDO PARK DR RIVERSIDE CA 92507 ;,:NEWPORT BEACH CA 92663 • 932 840 04 : • 93284005 - DELBERT C & BETTE A BENNETT ::.SAMUEL TR FRANKEL 633 LIDO PARK DR #2 -F 633 LIDO PARK DR #F3 NEWPORT BEACH CA 92653 NEWPORT BEACH CA 92663 1 932 84007 .93284008 HENRICHSEN BABETTE H TR MEYERS .: 633 LIDO PARK DR #1 3641 VALENCIA AVE NEWPORT BEACH CA 92663 SAN BERNARDINO CA 92404 i . 932 840 10 932 B40 11 - - - _- THOMAS E BUCKINGHAM WILLIAM L & SUZANNE L YOUNG JR. 633 LIDO PARK DR #A1 600 N SUNSET CANYON DR NEWPORT BEACH CA 92663 BURBANK CA 91501 .., 932 840 13 932 840 14 PAUL R WOJDYNSKI CHRISTINE B TR WINTON 633 LIDO PARK DR #C2 633 LIDO PARK DR #D2 :'NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 932 840 16 932 640 17 EDWIN & BILLIE KETCHAM WARNE 633 LIDO PARK DR #C3 633 LIDO PARK DR #D3 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92663 933 94001 933 940 02 JUDY A TR GMUR THOMAS W ALLEN 3326 VIA LIDO jjj"' 3419 VIA LIDO #210 NEWPORT BEACH CA 925'' NEWPORT BEACH CA 92663 6 047 021 33 FLORENCE TR FAINBARG 613 LIDO PARK DR NEWPORT BEACH CA 92653 047 024 03 CANNERY LLC 1901 BAYADERE TER CORONA DEL MAR CA 92625 047 021 34 JO ANN TR BUCCOLA 615 LIDO PARK DR NEWPORT BEACH CA 92663 047 021 37 EDWARD B TR FEDISHON 617 LIDO PARK DR NEWPORT BEACH CA 92663 047 025 01 049 121 18 LEVON & ZAROUHI GUGASIAN WATERFRONT NEWPORT BEACH LLC 17 RIDGELINE DR 2895 ROYSTON PL NEWPORT BEACH CA 92660 BEVERLY HILLS CA 90210 049 121 22 049 121 23 049 13009 DOEZIE.RUTHANN INDE DENT SPE 606 S BAYFROI ANN CHRISTINE & CHRIS TIANSEN K WALLACE WINCKLER RICHARD T 668 N COAST HWY #193 \ r TUSTIN CA 2700 W COAST HWY r BEACH CA 92651 NEWPORT BEACH CA 92663 .::LAGUNA A. 049 130 10 049 130 11 049 150 05 LARSON GROUP " JAMES F PARKER ' ' MINNEY JOSEPH ALICE F MINNEY 2717 W COAST HWY 4695 MACARTHUR # 4D :48226 SAPAQUE RD NEWPORT BEACH CA 92663 NEWPORT BEACH'CA 92660 '' BRADLEY CA 93426 049 150 06 DONALD B PEDERSEN 2547 W COAST HWY NEWPORT BEACH CA 92663 049 15029 VMA MARINER'S MILE LLC 2439 W COAST HWY NEWPDRT BEACH CA 92663 42311202 CHURCH 1ST CHRIST SCIENTIST 3303 VIA LIDO NEWPORT BEACH CA 92663 423 122 02 MARVIN ENGINEERING CO INC 260 W BEACH AVE . INGLEWOOD CA 90302 423 12308 EARL G & ELEANOR B SAWYER 535 VIA LIDO SOUD NEWPORT BEACH CA 92663 423 123 12 PAMELA L WHiTESIDES 3419 VIA LIDO #210 NEWPORT BEACH CA 92663 049 150 24 ANN CHRISTINE & CHRISTIANSEN K WALLACE 2527 W COAST HWY NEWPORT BEACH CA 92663 .x'42311101 LIDO PARTNERS 3471 VIA LIDO #207 NEWPORT BEACH CA 92663 • 423 11203 LJR LIDO PTNRS 1224 E GREEN ST PASADENA CA 91105 423 12209 DENNIS OVERSTREET 210 VIA LORCA NEWPORT BEACH CA �Do3 423 12309 MARVIN ENGINEERI 260 W BEAC '. INGLE 90302 . - 049 150 27 MILE MARINA MARINERS 19800 MACARTHUR BLVD #800 . . IRVINE CA 92612 423 11201 ALLAN TR FAINBARG 129 W WILSON ST #100 COSTA MESA CA 92627 ..423 11301 CITY OF NEWPORT B PO BOX 1768 NEWP CH CA 92658 423 123 D7 VIA OPORTO VEN E 111 ELM ST #4TH SAN DIEGO CA 9 423 123 10 OLEN COMMERCIAL REALTY ENCUMBR 3366 VIA LIDO, NEWPORT BEACH CA 92663 . 423 131 04 423 131 05 JULE C MARSHALL STEVEN J & PEGGY R PALA=OLA 120 VIA LIDO NORD 1500 W BALBOA BLVD #203 NEWPORT BEACH CA 92663 NEWPORT BEACH CA 92563 PA2003 -220 for UP2003 -036 2601 W. Coast Highway DATE OF MEETING: - - -- --- - -- _ "�09 L9 g rvia R-L �faaAv asn 933 940 03 933 940 04 936 8912 01 DILIGENT ENTERPRISES LLC RICHARD C FARRELL MENGES LEONA & MENGES Le�6f7A 516 W OCEAN FRONT 516 W OCEANFRONT 860 MORNINGSIDE DR #C320 r NEWPORT BEACH CA 92661 NEWPORT BEACH CA 92661 FULLERTON CA 92535 936 890 02 Hodge and Associates JEAN ETRALLAN Attn: William E. Hodge Random Interactive, Inc. 860 MORN INGSIDE DR #C320 24040 Camino Del Avion 2601 W. Coast Highway FULLERTON CA 92835 Suite A -247 Newport Beach, CA 92663 Monarch_Beach, CA 92629 GP Enterprises Group, LLC Lido Isle Community Assoc. c /o: Gary E. Primm Attn: High Helm P.O. Box 94825 701 Via Lido Soud Las Vegas, NV 89193 -4825 Newport Beach, CA 92663 PA2003 -220 for UP2003 -036 2601 W. Coast Highway DATE OF MEETING: - - -- --- - -- _ "�09 L9 g rvia R-L �faaAv asn 4attlona l to Pubiisn Ad•:ertisements of all kindS inciudins public notices by Decree of the Superior Cc an of Oranse County, California. Number A- 6'_14, September 29. 1961, and A 24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid,- I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: June 12, 2004 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on Jung, 1 2004 at Costa Mesa, California. ignature NOTICEOF PUBLIC HEARING Use Peril No. 2003 -036 TA2003 -220) NOTICE IS HEREBY .GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Random Interactive, Inc (Josh Slocum's Dinner & Supper Club), for Use Permit No. 2003 -036 on property located at 2601 W Coast High - way. The property is located in the SP -5 District and designated as Recreational Morin Commercial. Ad appeal of the Planning Commission's approval to allow the expansion .a legal 'nonconforming restau- rant to provide peri -. odic lunch service, increase the occupancy and modify the mini -. mum parking require- . menu. The Planning Commission denied a request to operate a nightclub with live entertainment and dancing between 9:00 p.m. and 2 a.m. This Project has been reviewed, and it has been determined that it Is categorically exempt under the requirements of the California Envi- ronmental Quality Act under Class 1 (Existing Facilities) NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on June 22, 2004, at the hour of 7:00 p.m. in the Council Chambers of the New- port Beach City Hall, 3300 Newport Boule- vard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge I only those issues you or someone else raised at the public hearing described in this notice or in written corre- spondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. /S/ EoVcnne M. Harkless, City Clerk City of Newport Beach Published Newport Beach /Costa Mesa Daily Pilot June 12, 2004 Sa658 i t Offis of the City Clerk CITY HAIL ;.i►;.. 3100 Newport Blvd. Newport Brach, C.A 92663 -1884 IMPORTANT PUBLIC Hr 'kRING NOTICE 3`a f31 o, }3 cri'; SS Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach, CA 92663 -3884 932 840 03 'ANTHONY J PETRUCELLI 17522 VON KARMAN AVE ,IRVINE CA 92614 IMPORTANT a . ._..,.. _ __.... +UBLIC HEAL INC NOTICE — IMPORTANT PUBLIC HEARING NOTICE 4-x:$32 700 12, &AFAFAMIJy-'. i66S'OT- LF,,F bRVA' ;GLEN E CA'-194 YJj SR Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach. CA 92663-3884 IMPORTANT PUBL14C 1-IFARING NOTICY Im 1 t�� I P it 1 1 1 .93255056 VINCENT TR KONTNY 601 LIDO PARK DR #2B NEWPORT BEACH CA 92663 KONT601 iF- 06/12 eoq FOR,W,-kRn TIME E..':P RTN TO SEND f J T Nj 0 ' E —h Office of the City Clerk CITY HALL '-MO Newport Blvd. Newport Beach, CA 92663-3884 IMPORTANT PUBLIC HEARING NOTICE 4-x:$32 700 12, &AFAFAMIJy-'. i66S'OT- LF,,F bRVA' ;GLEN E CA'-194 YJj SR Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach. CA 92663-3884 IMPORTANT PUBL14C 1-IFARING NOTICY Im 1 t�� I P it 1 1 1 .93255056 VINCENT TR KONTNY 601 LIDO PARK DR #2B NEWPORT BEACH CA 92663 KONT601 iF- 06/12 eoq FOR,W,-kRn TIME E..':P RTN TO SEND f J T Nj 0 ' E —h j Office of the City Clerk CITY I-LA L 3300 Newport Blvd. Newport Beach, CA 92663 -3884 IMPORTANT PUBLIC HEARING NOTICE 049 15024 ANN CHRISTINE &.CHRISTIANSEN K WALLACE J 2527 W COAST HWY NEW BEACH CA 92663 Office of the City Clerk CITY HALL 3300 Newport Blvd. Newport Beach, CA 92663 -3884 i cc i t ' -- 932 550 50 - -_ HENRY H TR MCDONA_D . 3121 W COAST HWY tr6A ; NEWPORT BEACH CA 92663 IMPORTANT P UBLIC HEARING NOTICE Office of the City i + CITY HALL f 3300 Newport Blvd, Newport Beach, CA 92663 -3884 42311101 LIDO PARTNERS 3471 VIA LIDO #207 1' NEWPORT BEACH CA 926 IMPORTANT PUBLIC HEARING NOTICE 3a ?xsa; ?ti:t;:isvt:aaii;teli;i <� nta�:t {al:ea {e {ct_e =�i ±,it.