HomeMy WebLinkAbout15 - Josh Slocums - Use Permit 2003-036 & PA2003-220CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
August 24, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Rosalinh Ung, Associate Planner
rung Q 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 2:00
a.m. at the subject property?
RECOMMENDATION:
Conduct the public hearing, deny the appeal and uphold and affirm the decision of the
Planning Commission and approve Use Permit No. 2003 -036 allowing the existing
restaurant to provide periodic lunch service, increase the occupancy and modify the
minimum parking requirements by adopting the attached resolution.
BACKGROUND
On June 22, 2004, the City Council conducted a public hearing on the appeal of the
Planning Commission's decision to deny the nightclub portion of the Use Permit
application for Josh Slocum's Dinner and Supper Club. The City Council then continued
the appeal to July 13, 2004 and directed staff to provide the following information:
1. A list of calls for service at Josh Slocum's from the period of June 1, 2003 to
June 21, 2004.
2. A list of establishments currently operating with live entertainment and /or
dancing within the Mariner's Mile District.
Josh Slocum's Dinner and Supper Club (PA2003 -220)
August 24, 2004
Page 2 of 4
On June 29, 2004, the appellant submitted a written request to continue the appeal to
August 24, 2004. The request was necessary in order for the appellant to have additional
time to explore different options in addressing traffic /parking related concerns and for
them to review the list of calls for service compiled by the Police Department.
DISCUSSION
Calls for Service List
On August 5, 2004, the Planning Department received a comprehensive report
(Attachment B) from the Police Department in response to the City Council's request for
summary information regarding calls for service at the establishment. From June 1,
2003 to June 21, 2004, there were 159 calls for service at Josh Slocum's. A majority of
the calls were directly related to the business, except for two traffic stops that occurred
in front of the location. Of the 159 calls, 30 resulted in arrests and investigations;
fighting, public nudity, intoxicated patrons, disturbances from loud music and unruly
customers were some of the noteworthy incidents.
The report supports the Police Department's concerns that any increase in the intensity
of use at the establishment would result in an increase in demand for police resources.
Besides responding to calls that are directly related to the establishment, 22 calls were
for "bar checks" where police officers conducted site visitations for code compliance.
The report also validates the Planning Department's concern about noise from loud
music as the most common complaint received by the Police Department (43 calls for
service, or 27 percent of the total calls were for loud music disturbances).
The list of calls for service was forwarded to the appellant for review on June 24, 2004.
Live Entertainment and /or Dancing Establishments within the Mariner's Mile District
The table below shows there are eleven (11) eating and drinking establishments
located within the Mariner's Mile District. Six (6) of these establishments have live
entertainment: Dolce Ristorante, Margaritaville, Joe's Crab Shack, Shamrock Bar and
Grill, Rusty Pelican, and Billy's At the Beach. Joe's Crab Shack is the only
establishment that has both dancing and live entertainment. No night clubs are
authorized.
Josh Slocum's Dinner and Supper Club (PA2003 -220)
August 24, 2004
Page 3of4
Name of
Type of
Address
Live
Live
Dancing
Cafe
Establishment
Establishment
Entertainment
Entertainment
Provided
Dancing
Provided
Permit
Permit
Dolce Ristorante
Restaurant
800 W.
Yes (with non-
Not required
Coast
amplified music
Margaritaville
Restaurant
2332 W.
Yes
Yes
Coast
Jackshrimp
Restaurant
2400 W.
Coast
JoshSlocum's
Restaurant-
2601 W.
Yes
Yes
Nightclub
Coast
application
endin
Joe's Crab Shack
Restaurant
2607 W.
Yes
Yes
Yes
Yes
Coast
Shamrock Bar &
Bar
2633 W.
Yes
Yes
Grill
Coast
Rusty Pelican
Restaurant
2735 W.
Yes
Yes
Coast
Billy's At the
Restaurant
2751 W.
Yes
Yes
Beach
Coast
China Palace
Restaurant
2800 W.
Coast
Chart House
Restaurant
2801 W.
Coast
Villa Nova
Restaurant
3131 W.
Yes (with piano
Not required
Coast
bar
Source: Administrative Services Department and Planning Department
Traffic /Parking Study
The appellant requested additional time to explore different options in addressing
traffic /parking related concerns with the assistance of a traffic consultant. On August 11,
2004, staff was informed that the appellant had hired a traffic consultant and that the first
visit to the site by the consultant would not be conducted until August 13, 2004. The
applicant's response to the traffic and parking issues will not be available for staff review
until a later date. The appellant's representative plans to present the study and its findings
at the City Council meeting. Staff will obviously not have had the opportunity to evaluate
the information presented at the meeting.
Conclusions:
The appellant has not provided any additional information demonstrating sufficient
reasons to overturn the Planning Commission's action. Based upon the additional
information provided in this report, and in attachment A, it is recommended that the City
Council deny the appeal and uphold the original action of the Planning Commission.
Josh Slocum's Dinner and Supper Club (PA2003 -220)
August 24, 2004
Page 4 of 4
Alternatives:
In addition to the alternatives contained in the June 22, 2004 report, the Council can
continue this item to allow staff an opportunity to evaluate the additional information
submitted by the applicant.
Prepared by:
Submitted by:
Irt ���) PL���
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ih Ung, AssocLit Planner Patricia L. Temple, Planning Director
ments:
A. Draft City Council Resolution
B. Calls for Service List
C Council Excerpt of Minutes dated June 22, 2004
ATTACHMENT NO. A
DRAFT CITY COUNCIL RESOLUTION
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 changers 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.
no
City of Newport Beach
City Council Resolution No.
Page 2 of 11
WHEREAS, on June 22, 2004, the City Council conducted a public hearing and
continued the appeal of the Planning Commission's decision to July 13, 2004 in order for staff
to provide the City Council with a list of calls for service at the establishment from the period
of June 1, 2003 to June 21, 2004 and a list of establishments currently operating with live
entertainment and /or dancing within the Mariner's Mile District.
WHEREAS, on June 29, 2004, the appellant submitted a written request to continue
the appeal to August 24, 2004. The request was to allow the appellant additional time to
explore different options in addressing traffic /parking related concerns and to review the list of
calls for service compiled by the Police Department.
WHEREAS, a public hearing was held by the City Council on August 24, 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 waterfront 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.
.1
City of Newport Beach
City Council Resolution No.__
Page 3 of 11
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 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.
I
City of Newport Beach
City Council Resolution No.
Page 4 of 11
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.
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.
A
City of Newport Beach
City Council Resolution No.__
Page 5 of 11
PASSED, APPROVED AND ADOPTED THIS 24TH DAY OF AUGUST 2004.
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
u. •:
ATTEST:
CITY CLERK
10
City of Newport Beach
City Council Resolution No.
Page 6 of 11
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.
City of Newport Beach
City Council Resolution No.__
Page 7 of 11
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.
'I-�
Between the hours of
Between the hours of
7:OOAM and
10:OOPM and
10:OOPM
7:OOAM
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
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.
'I-�
City of Newport Beach
City Council Resolution No.
Page 8 of 11
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.
City of Newport Beach
City Council Resolution No.__
Page 9 of 11
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.
�A
City of Newport Beach
City Council Resolution No.
Page 10 of 11
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
City of Newport Beach
City Council Resolution No.__
Page 11 of 11
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- 036ocreso.doc
I�
ATTACHMENT NO. B
CALLS FOR SERVICE LIST 11
CITY OF NEWPORT BEACH
POLICE DEPARTMENT
July 8, 2004
TO: Planning Department
FROM: Detective Division Commander
RECEIVED BY
PLANNING DEPARTMENT
CITY OF NEWPORT" BEACH
AUG 0 5 2004
7 Si911011111211,2131415 6
SUBJECT: Summary of Calls for Service at Josh Slocum's between
June 1, 2003 and June 21, 2004
This report was written in response to the City Council's request for summary
information regarding the specific types of calls for service the Police Department
experienced (as testified to at the City Council meeting on June 22, 2004),
related to "Josh Slocum's Restaurant" between June 1, 2003 and June 21, 2004.
BACKGROUND
The Police Department submitted a staff report to the Planning Department, as
requested, regarding Josh Slocum's application for a Conditional Use Permit
(CUP) on November 14, 2003. Our report described public safety issues, police
calls for service and reported crimes within the Police Department Reporting
District (RD) 25 encompassing the applicant's business, for calendar year 2003.
The Police Department concluded that if the requested CUP change in the
character and scope of the business were approved, it would have a negative
impact on the surrounding area and result in a need for additional police
services. We made several recommendations for consideration should the
Planning Commission approve the CUP that was included in our report.
The CUP applicant revised their request that attempted to mitigate some of the
concerns described by the Police Department. We were asked by the Planning
Department to comment on those changes. Again, we reiterated our remaining
concerns and belief that approval of the CUP that intensified the usage at the
location (even with the proposed changes submitted by the applicant), would
result in an increased need for police resources.
On May 6, 2004, at the request of the Planning Department, I represented the
Police Department at the Planning Commission meeting. I provided information
regarding the calls for service experienced by the Police Department since
January 1, 2004 at "Josh Slocum's Restaurant." I discussed the types of calls
the Police Department handled including vandalism, drunks disturbances and
fights. Specifically, I mentioned two significant fights that occurred during the
month of April 2004 at the restaurant. One of the fights involved a waitress at
�q
Summary of Calls for Service
Josh Slocum's Restaurant
Page 2 of 5
the business who was physically attacked and knocked to the ground. The other
involved multiple patrons who began arguing in the entry hallway and ended up
physically fighting in the restaurant's only male restroom.
On June 22, 2004, at the request of the Planning Department, I represented the
Police Department at the City Council meeting during an appeal process. I
provided information regarding the Police Department's experience with calls for
service at "Josh Slocum's Restaurant ". The time period discussed represented
the year leading up to the meeting beginning June 1, 2003. Based on that
testimony, there was a request by the City Council to provide more detailed
information about the Police Department calls for service at "Josh Slocum's
Restaurant ".
At the meeting, William E. Hodge, a representative of the applicant, said he was
"blindsided" by the information provided regarding the calls for service. He said
he had made a formal request for calls for service information related to "Josh
Slocum's Restaurant" at the Police Department, but was "refused" the
information. He also denied that there were any recent fight complaints at the
business as I had testified to at the Planning Commission meeting on May 6,
2004.
After the meeting, I researched Mr. Hodge's Public Records Act request for calls
for service at Josh Slocum's Restaurant. I learned that Mr. Hodge had made the
request in writing on June 21, 2004 (the day before the City Council meeting), at
the front desk at the Police Department. The request was for calls for service at
"Josh Slocum's Restaurant" from "Jan 2004 -June 2004 ".
The request was in the process of being completed by Police Department
Records Section personnel and was never denied or refused. I had the request
completed on June 23, 2004 (less than 48 hours after the request was made)
and personally notified Mr. Hodge by telephone that his request had been
completed and was available for "pick up ". Typically, such requests are handled
within ten days of being made in order to allow the City to determine if the
request is lawful, and what if any charges may apply in the event the information
is not readily available.
The two fights that were the subject of my testimony at the Planning Commission
did in fact occur on April 7 and April 30, 2004 respectively. They are represented
in the attached calls for service details.
On June 24, 2004, 1 personally met with Mr. Hodge and gave him a copy of the
calls for service that he had requested. I offered to review those calls in detail
with him at any time that was convenient for him. A copy of those calls for
service was also provided to the Planning Department.
On July 7, 2004, 1 again personally met with Mr. Hodge. He was allowed to
review all calls for service and police reports in detail (with sensitive and
confidential information redacted) for the time period referred to at the City
lI
Summary of Calls for Service
Josh Slocum's Restaurant
Page 3 of 5
Council meeting, between June 1, 2003 and June 22, 2004. At his request, Mr.
Hodge was provided with a copy of the calls for service for that time period for
his reference. He also asked for a calls for service comparison for the same
time period with "Hooters" restaurant. There were 49 calls for service directly
related to Hooters from between June 1, 2003 and June 22, 2004. Mr. Hodge
was provided with that number.
DISCUSSION
Between June 1, 2003 and June 21, 2004, the Police Department experienced
159 calls for service at "Josh Slocum's Restaurant ". All of these calls (except for
two traffic stops that occurred in front of the location) were directly related to the
business. Twenty -two (22) of those calls were categorized as "bar checks,"
where our officer stops by the establishment to check on conditions and at the
same time, try to maintain a relationship with the operators. While some may
suggest that the number of those checks artificially inflates the service level
required at the establishment, it actually only reflects the additional service our
officers are obligated to provide under the current, more restrictive regulations.
Their self initiated activity is an effort to keep the overall calls for service under
control — or at least more controlled than they would be without those bar
checks.
The calls for service documented were for a variety issues as described in the
two charts below and in an attached table with detailed call information. There
were several noteworthy calls including:
• fighting
• intoxicated patrons
• driving under the influence of alcohol
• public nudity
• public urination
• parking problems
• traffic issues including hit and run
• disturbances from loud music and unruly customers
• thefts
Undercover officers observed topless dancing inside the restaurant and issued
citations for public nudity. They also saw employees move furniture from inside
of the restaurant in order to clear space normally reserved for dining patrons, to
a handicapped parking place in the restaurant parking lot where they stacked it,
blocking the space. The space clearing effort is done to make more room to
operate the establishment as a "nightclub" once the dinner crowd has dissipated.
During the period studied, uniform police officers responded to numerous calls
about drunks, a yellow cab stolen, numerous noise complaints, theft of personal
N
Summary of Calls for Service
Josh Slocum's Restaurant
Page 4 of 5
property of patrons, traffic collisions, limousines blocking the roadway, fights in
the business and in the parking lot and drunk driving.
JOSH°SLOC:UMS",
JUNE 1ST 2003 THROUGH JUNE 21ST 2004
,
CALLS FOR SERVICE 1 ARRESTS AND INVESTIGATIONS
390
Drunk
4
415
Disturbance
16
502
Drunk Driver
3
909
Traffic Information
2
919
Keep the Peace
7
925
Suspicious Person
1
927
Unknown Trouble
2
242 J
Battery Just Occurred
9
242 R
Battery Report
2
245 R
Assault w/ a Deadly Weapon
1
415 P
Disturbance - Party
1
415 RR
Disturbance - Road Rage
1
415 M
Disturbance - Loud Music
43
459 CR
Burglary
2
488 R
Petty Theft
6
503 J
Vehicle Theft
1
594 R
Vandalism
1
602 N
Trespass
1
647 F
Drunk
1
902 T
Traffic Collision - Non -injury
1
925 CRC
Suspicious Circumstances
2
928 LST
Lost Property
2
ASSIST
Assist
3
B &P
Business & Professions Code
1
BAR
Bar check
22
C5
Surveillance
1
C6R
Follow -up for Investigation
5
FIGHT
Fight
1
FU
Follow Up
3
FW
Illegal Fireworks
1
MC VIOL
Municipal Code Violation
2
PC
Penal Code
2
SS
Subject Stop
3
TS
Traffic Stop
2
V
Vehicle Stop
4
11111(ijIF_1l
Calls for
159
PETTY THEFT 5
USE OF FALSE I.D. 1
DRUNK IN PUBLIC 5
BATTERY 6
POSSESSION OF MARIJUANA 1
FOUND BOAT 1
TRESPASSING 1
ASSAULT W/ DEADLY WEAPON 1
VEHICLE THEFT 1
D.U.I. 1
SUSPICIOUS CIRCUMSTANCES 1
BURGLARY 1
GRAND THEFT 1
LOST PROPERTY 1
VEHICLE STOP 1
OPEN CONTAINER IN MOTOR VEHICLE 1
VANDALISM 1
TOTAL 30
June 1, 2003 through June21, 2004
Summary of Calls for Service
Josh Slocum's Restaurant
Page 5 of 5
JOSH SLOCUMS
CALLS FOR SERVICE STATISTICAL GRAPH
50
45
<a
35
N
C30
U
O
25
w
m
� 20
z
5
10
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5
0
g0 p�5 yob' gp 4,q yh5 q'L� p.�p'L�p0�,0eyQ�,0 9G�� �pA�9p�o'L2 �� oti OQ-O 9Sy�9S ebe eP� Gh Ob�OiS QJ Q' J�O QG y`' 19 ,1
`V `L ry p p\ P ph P h h 6 6p 9�r14� 9ry0 P5 F� �O
TYPE OF CALL
June 1, 2003 through June 21, 2004
CONCLUSION
An inordinate amount of police resources were used responding to calls for
service at "Josh Slocum's Restaurant" between June 1, 2003 and June 22, 2004
as described in detail in this report. The Police Department remains convinced
that any increase in the intensity of use at this location would result in an
increased demand for police resources responding to even more such calls for
service.
Respectfully submitted,
L��°'"
Tim Riley, Captain
Detective Division Commander
Attachment
Bob McDonell
CHIEF OF POLICE
a�
Police Calls for Service
"Josh Slocum's"
6/1/03-6/22/04
1
6/2/03
23:58
415M
No
Yes
Loud Music Complaint
2
615103
13:07
415M
No
Yes
Loud Music Complaint
3
6/10/03
12:00
488R
03- 006203
Yes
Petty Theft Report Taken
4
6/12/03
12:14
415 -390
03- 006275
Yes
Citation Issued/Property Issued/Property Report Taken
5
6/14/03
2:04
415 -647F
03- 006370
Yes
Arrest Made
6
6/14/03
19:25
FU
No
Yes
Follow -Up Investigation
7
6/19/03
0:03
SS- 647F/242PC
03- 006560
Yes
2 Arrests Made /Citation Issued
8
6/19/03
15:35
V
03- 006588
No
Vehicle Stop- Citation Issued /Report Taken
9
6/21/03
0:59
C6R
No
Yes
Patrol Check
10
6/22/03
23:12
415
No
Yes
Disturbance - Uncooperative Customers
11
6/24/03
0:39
Bar
No
Yes
Bar Check
12
6/26/03
23:56
415M
No
Yes
ILoud Music Complaint
13
6/27/03
23:481
Bar
No
Yes
Bar Check
14
6/29/03
1:49
242J
03- 006997
Yes
Battery Report Taken
15
6/29/03
18:46
415M
No
Yes
Loud Music Complaint
16
7/2/03
0:02
TS
No
No
ITraffic Stop
17
7/3/03
0:00
FW
No
Yes
Fireworks Being Thrown Under Rodman's Veh
18
7/3/03
23:38
909
No
Yes
Traffic Control at Business Entrance
19
7/3/03
23:41
C6R
No
Yes
Patrol Check
20
713103
23:54
Bar
No
Yes
Bar Check
21
7/12/03
4:12
927
No
Yes
Unknown Trouble- Rodman & Spouse Fighting
22
7/14/03
23:53
415M I
No
Yes
Loud Music Complaint
23
7/14/03
23:27
415M
No
Yes
Loud Music Complaint
24 1
7/17/03
23:50
C6R
No
Yes
Patrol Check
Page 1 of 7 ��
Police Calls for Service
"Josh Slocum's"
61110 3 - 612 210 4
25
7118103
1:13
MC VIOL
No
Yes
Over Crowding wl smoking inside
26
7121103
1:24
242J
No
Yes
Battery Just Occurred
27
7123103
2:12
390
No
Yes
Rodman called 911 says Michelle is 3510
28
7126103
1:58
647F
No
Yes
Drunk Investigation -Field Interview Report Taken
29
7129103
1:17
Bar
No
Yes
Bar Check
30
7131103
23:55
919
No
Yes
Keep the peace-Limos blocking delivery
31
812103
16:24
909B
03- 008640
Yes
Abandoned Boat Recovered at Dock (OCSD)
32
813103
2:22
415
No
Yes
Disturbance Complaint
33
813103
22:52
919
No
Yes
Peace Kept-Field Interview Report Taken
34
819103
2:14
415
No
Yes
Fight - Advised /Complied
35
8116103
0:53
415M
No
Yes
Loud Music Complaint
36
8123103
1:16
415M
No
Yes
Loud Music Complaint
37
8124103
0:06
415M
No
Yes
Loud Music Complaint
38
911103
3:16
B and P
No
Yes
Business and Profession
39
913103
23:24
390
No
Yes
2 Drunk Males in Roadway
40
914103
13:10
919
No
Yes
Dennis Rodman drunk on the Dock
41
915103
0:58
919
No
Yes
Peace Kept -2 Suspects Refused to pay Damage
42
917103
0:32
415
No
Yes
Loud Music Complaint
43
917103
1:10
415
No
Yes
Disturbance Complaint
44
9111103
23:30
BAR
No
Yes
Bar Check
45
9112103
1:26
415
No
Yes
Disturbance Complaint
46
9113103
0:42
PC
No
Yes
Patrol Check
47
9114103
0:39
V
No
Yes
Vehicle Stop of Limo at Location
48
8131103
21:58
415
03- 009969
Yes
Trespassing
Page 2 of 7 'j
Police Calls for Service
"Josh Slocum's"
6/1/03-6/22/04
...0
fie/
•v -Z
49
9/18/03
23:12
415M
No
Yes
Loud Music
50
9/26/03
22:59
415P
No
Yes
Loud Party
51
9/27/03
0:56
902T
No
Yes
Traffic Collision in Lot
52
1 9/29/03
1 8:07
Assist
No
Yes
Valet Left with Subject's Keys
53
9/29/03
22:55
415M
No
Yes
Loud Music
54
9/30/03
10:23
488R
No
Yes
Theft of a purse
55
10/1/03
17:14
FU
No
Yes
Follow -Up Investigation
56
1 10/6/03
22:35
415390
No
Yes
Drunk Female
57
10/10/03
1:47
245R
03- 011426
Yes
Fight Between 2 Subjects
58
10111/03
0:00
242J
No
Yes
Battery
59
10/12/03
2:36
415
No
Yes
Loud Music
60
10/14/03
1:13
415"
No
Yes
Disturbance -Large Group Gathered
61
10/24/03
1:54
503J
03- 011955
Yes
Yellow Cab Stolen from Parking Lot
62
10/26/03
0:40
PC
No
Yes
Bar Check
63
10/27/03
15:48
488R
03- 012057
Yes
Theft of a Cell hone Report Taken
64
10/30/03
0:39
0:39
03- 012143
Yes
9 -1 -1 Call /Arrest Made
65
10/31/03
0:23
Bar
No
Yes
Bar Check
66
11/1/03
23:58
Bar
No
Yes
Bar Check
67
11/2/03
0:14
415M
No
Yes
Loud Music Complaint
68
11/5/03
23:30
502
No
Yes
Traffic Collision in Lot -Drunk Driving Arrest
69
11/7/03
0:50
390
No
Yes
Drunk Male
70
11/8/03
0:11
Bar
No
Yes
Bar Check
71
11/8/03
0:24
415
No
Yes
Noise Complaint from Parking Lot
72
11/9/03
18:13
415
No
Yes
Disturbance Complaint
Page 3 of 7
Police Calls for Service
"Josh Slocum's"
6/1/03-6/22/04
73
11/11/03
1:04
Bar
No
Yes
Bar Check
74
11/13103
0:00
925 CRC
03 -012696
Yes
Suspicious Circumstance -Drink Drugged
75
11/14/03
0:38
Bar
No
Yes
Bar Check
76
11/22/03123:43
Bar
No
Yes
Bar Check
77
11/24/03
23:12
415M
No
Yes
Loud Music Complaint
78
11/27/03
23:49
415/390
No
Yes
Customer Disturbance /Refusing to Pay Bill
79
11/28/03
0:36
Assist
No
Yes
Assist 2 Females /Cab Requested
BO
11/28/03123:42
C6R
No
Yes
Out on Foot
61
11/30/03
16:361
488R
No
Yes
Stolen Purse
B2
12/5/03
2:51
242J
03- 013440
Yes
Battery Report Taken
B3
12/6/03
21:40
FU
No
Yes
Follow -Up Investigation
34
12/6/03
23:03
415M
No
Yes
Loud Music Complaint
35
12/11/03
22:391
C6R
No
Yes
Bar Check
36
12/13/03
0:25
415M
No
Yes
Loud Music Complaint
37
12/13/03
22:08
919
No
Yes
Keep the Peace /Customer's ID Taken by Staff
38
12/13/03
23:53
V
No
Yes
Vehicle Stop- Marijuana Citation Issued
69
12/14/03
0:30
Bar
No
Yes
Bar Check
90
12/14/03
5:58
459CR
03- 013764
Yes
Burglary Report Taken (Attempt Theft of ATM
91
12/19/03
1:03
BAR
No
Yes
Bar Check
92
12/21/03
9:49
928 LST
03- 014042
Yes
Lost Wallet Report
93
12/23/03
0:01
415
No
Yes
Loud Music
94
12/24/03
20:04
919
No
Yes
Keep the Peace /Credit Card Held by Staff
95
12/25/03
23:36
Bar
No
Yes
Bar Check
96
12/26/03
23:28
415M
No
Yes
Loud Music Complaint
Page 4 of 7 ;�(D
Police Calls for Service
"Josh Slocum's"
61110 3- 612 210 4
.� 1. '�`�. ':f .. ��� �1 •. - ':'d.: +.�.
ate° yyn'o`y
e
.�'�.:�J .;'tea. -,��� �� ' :'4'±Qo - °:�l - `�`4e:4a:' : O "fie 0`)'s •'i`. "� .. ..� ;. .��po. �: .. �. ���a`s$�'���::{.�
97
12129103
22:47
415M
No
Yes
Loud Music Complaint
98
12131103
21:15
Bar
No
Yes
Bar Check
99
116104
1:44
415M
No
Yes
Loud Music Complaint
100
1 1112104
11:04
488R
04- 000414
Yes
Theft Re ort Taken
101
1112104
17:54
C5
No
Yes
Undercover Operation/Public Nudity Citations
102
1113104
0:18
415M
No
Yes
Loud Music Complaint
103
1115104
23:12
415M
No
Yes
Loud Music Complaint
104
1117104
1:57
S
No
Yes
Subject Stop - Multiple Cabs Requested
105
1 1123104
1 0:16
SS
No
Yes
Subject Stop -Field Interview Report Taken
106
1125104
0:05
415M
No
Yes
Loud Music Complaint
107
1126104
23:56
415M
No
Yes
Loud Music Complaint
108
1131104
0:37
Bar
No
Yes
Bar Check
109
211104
0:38
415M
No
Yes
Loud Music Complaint
110
1 213104
1 0:24
415
No
Yes
Loud Music Complaint
111
217104
0:03
415M
No
Yes
Loud Music Complaint
112
217104
23:44
415M
No
Yes
Loud Music Complaint
113
218104
1:20
415M
No
Yes
ILoud Music Complaint
114
1 2113104
23:58
594R
No
Yes
Vandalism to Vehicle
115
2114104
1:04
415M
No
Yes
Loud Music Complaint
116
2114104
23:32
Bar
No
Yes
Bar Check
117
2120104
15:23
488R
04- 001862
Yes
IPetty Theft Report Taken
118
2124104
1:37
242R
04- 001983
Yes
Battery Report Taken
119
2127104
22:39
415M I
No
Yes
Loud Music Complaint
120
2129104
0:08
415 1
No
Yes
Loud Noise from Patrons -Field Interview Report
Page 5 of 7 �'1
Police Calls for Service
"Josh Slocum's"
6/1/03-6/22/04
121
311104
21:04
925
No
Yes
Citizen Complaint of Suspicious Male
122
3/4/04
21:24
Bar
No
Yes
Bar Check
123
3/4/04
23:34
415M
No
Yes
Loud Music Complaint
124
3/7/04
16:06
415M
No
I Yes
Loud Music Complaint
125
3/9/04
0:26
390
No
Yes
2 Drunk Females -Left in Cab-Keys with Valet
126
3111/04
22:38
MC VIOL
No
Yes
Subj. From Slocums Urinated in Alley
127
3/13/04
0:18
415RR
No
Yes
Disturbance /Driver In Lot Nearly Hit Pedestrian
128
3/13/04
1:06
415M
No
Yes
Loud Music Complaint
129
3/13/04
22:47
415
No
Yes
Loud Music Complaint
130
3/14/04
23:16
415M
No
Yes
Loud Music Complaint
131
3/17/04
23:55
415M
No
Yes
Loud Music Complaint
132
3/18/04
1:32
242R
I No
Yes
Battery Report Taken
133
4/6/04
2:35
242J
No
Yes
Fight Between 2 Subjects
134
4/7/04
1:28
242R
04- 003512
Yes
Battery Report Taken -2 Females Fighting
135
4/9/04
0:13
TS
No
No
Traffic Stop
136
4/9/04
23:59
415M
No
Yes
Loud Music Complaint
137
4/13/04
0:11
415M
No
Yes
Loud Music Complaint
138
4/18104
21:39
602 N
No
Yes
Trespassing- Patron Refusing to Leave
139
4/24/04
21:44
V
No
No
Vehicle Stop at Location
140
4/24/04
21:46
415
No
Yes
Disturbance
141
4/30/04
0:08
927'
1 04- 004341
Yes
Battery Report Taken
142
5/1/04
0:13
Bar
No
Yes
Bar Check
143
5/5/04
20:40
Bar
No
Yes
Bar Check
144
5/9/04
22:53
415
No
Yes
Disturbance /Assault on a Female by a Male
Page 6 of 7 '10
Police Calls for Service
"Josh Slocum's"
6/l/03-6/22/o4
�) `. � •.M .ry ', �l I.Y.' � .'.'.
CP
145
5/11/04
9:08
928 LST
04- 004039
Yes
Lost Wallet Report
146
5/16/04
22:02
502
No
Yes
Drunk Driver Leaving the Parking Lot
147
5/18/04
0:38
Bar
No
Yes
Bar Check
148
5/18/04
2:34
415
04- 005139
Yes
Drunk Female Arrested
149
5/22/04
1:55
415/390
04- 005309
Yes
Drunk Female Arrested
150
5/26/04
23:39
415M
No
Yes
Loud Music Complaint
151
5/27/04
0:53
415M
No
Yes
Loud Music Complaint
152
5/27/04
10:28
925
04- 005528
Yes
Suspicious Female- Warrant Arrest Made
153
5/30/04
0:41
242J
04- 005647
1 Yes
Battery Report
154
6/7/04
21:50
502
No
Yes
Drunk Driver Leaving the Parking Lot
155
6/13/04
1:57
415
No
Yes
Group of Drunk Males in Parking Lot
156
6/13/04
21:38
242J
No
Yes
Fight in the Parking Lot (Male vs. Female)
157
6/15/04
2:16
919
No
Yes
Kee the Peace Between Ex- spouses
158
6/19/04
1:44
415
No
Yes
Distrubance -Group Screaming in the Lot
159
6/20/04
1:22
BAR
No
Yes
Bar Check
Page 7 of 7
ATTACHMENT NO. C
COUNCIL EXCERPT OF MINUTES
DATED JUNE 223 2004 56
City of Newport Beach
Regular Meeting
June 22, 2004
Marshall Duffield (Heffernan, Rosansky, Adams, Bromberg, Webb;
Nichols, Mayor Ridgeway)
City Clerk Harkless announced that Marshall Duffield is reappo�ed to
the Harbor Commission. 7
City Clerk Harkless read the ballot votes for the arks, Beaches &
Recreation Commission as follows:
Debra Allen (Heffernan, Rosansky, Adams, romberg, Webb, Nichols,
Mayor Ridgeway)
City Clerk Harkless announced that Debra Allen is reappointed to the
Parks, Beaches &Recreation Commission.
City Clerk Harkless read the ballot votes for the Planning Commission as
follows: /
Jeffrey Cole (Heffernan; Rosansky, Adams, Bromberg, Mayor Ridgeway)
Robert Hawkins (Rosansky, Bromberg, Webb, Nichols)
Leslie Daigle (Hej'fernan, Adams, Webb, Nichols, Mayor Ridgeway)
City Clerk/Plarkless announced that Jeffrey Cole is reappointed and
Leslie Daigle is appointed to the Planning Commission.
Ridgeway congratulated everyone who was appointed. He also
d everyone who applied for the positions and noted that their
tions will be kept on file.
J. PUBLIC HEARINGS
29. JOSH SLOCUM'S DINNER AND SUPPER CLUB - USE PERMIT
NO. 2003 -036 (PA2003 -220) - 2601 WEST COAST HIGHWAY.
Associate Planner Ung reported that the site was first developed as a
restaurant in 1968, prior to the requirement of a use permit. She stated
that, since the site did not provide the required on -site parking spaces, an
off -site parking agreement was approved and implemented. She
indicated that the off -site parking agreement was modified in 1977 and
was subject to six conditions of approval when the establishment changed
ownership. She stated that the site came under new management in
2001 and live entertainment and dancing was introduced. She reported
that, since they require a cover charge in the late evening, this changed
the establishment to a nightclub operation that requires a use permit.
She indicated that code enforcement did not prove effective in convincing
the operator to obtain a use permit and the matter was referred to the
City Attorney's office for legal action. She reported that the City and
operator settled the matter so that the operator would seek all necessary
permits and the City would consider issuing special event permits. She
stated that the applicant filed a use permit application in September
2003 to expand the hours to provide lunch service, expand the occupancy,
and operate a nightclub after 9 p.m. with live entertainment and dancing.
She reported that the application has two separate floor plans for the full-
Volume 56 - Page 1019
INDEX
Use Permit
No. 2003 -036/
Josh Slocum's
Dinner and
Supper Club
(88/100 -2004)
City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
service dining operation with an occupancy of 140 people and the
nightclub with an occupancy of 190 people. Ms. Ung reported that the
Planning Commission considered the application on May 6 and only
allowed the expansion of the legal nonconforming restaurant, but denied
the nightclub request based on noise complaints, traffic issues, access
issues, and public safety concerns raised by the Police Department. She
stated that four people spoke against the application and reported that
the applicant filed an appeal. Ms. Ung reported that, based on the
concerns in the Planning Commission report and the public testimony,
staff recommends that Council approve the recommendation in the staff
report. She noted that the Commission received a letter in opposition to
the live entertainment and dancing request, and it has been forwarded to
Council.
In response to Mayor Pro Tem Adams' questions, Ms. Ung stated that the
City has permission on file for the applicant to represent the owner of the
property. She reported that the applicant is planning to change the dock
configuration from three slips to one. City Attorney Burnham added that
one of the conditions limits the use of the facility to a single private vessel
for private purposes, not charter activities. Ms. Ung confirmed that
dancing and DJ activities have continued, even though it is not consistent
with their entitlement. Mr. Burnham stated that there is ongoing
disagreement between his office and the property owner's representatives
about this, which resulted in the lawsuit that was filed against the
establishment. He explained that a stipulation was filed with the court
that required the applicant to submit a use permit application that would
authorize dancing and live entertainment; however, the applicant
believes they have a nonconforming right to continue to utilize a DJ and
offer dancing under their operation as it existed prior to the
establishment of the use permit requirement. He believed that the
ongoing dispute was not resolved in the stipulation. He added that they
proposed language in a draft of the stipulation that states there will be no
dancing, but the language was removed at the request of the applicant
and, in its place, they put in a provision which states that the applicant
shall only engage in activities to the extent permitted by the code. Mr.
Burnham confirmed that the City did not take any code enforcement
action because they were not advised by staff that there was any violation
from the date the stipulation was approved to today. Further, there was
a disagreement about what the applicant could do during that period. He
explained that the stipulation essentially required the City to issue a
special events permit that would allow the applicant to test the acoustics
of the facility under live conditions. He stated that the initial acoustical
test gave all the information that was necessary to process the
application. Further, the stipulation also called for the submission of the
use permit application with the understanding that, if the use permit was
denied, then the court would retain jurisdiction and the applicant would
retain its rights to argue that they had nonconforming rights to offer
dancing and utilize a DJ.
In response to Council questions, Captain Riley displayed a book
containing calls for service, crime reports, and incidents that the Police
Department has responded to over the past 12 months. He reported that
the 158 calls for service since June 1, 2003 were due to drunks,
Volume 56 - Page 1020
City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
disturbances, drunk driving, keeping the peace, batteries, assault with a
deadly weapon, vandalism, trespassing, drunk in public, business and
professions code violations (alcohol - related issues), fights, and municipal
code violations. He added that they have taken 30 reports at the location
that involve vandalisms, suspicious circumstances, assault with a deadly
weapon, petty thefts, batteries, and possession of marijuana. He
confirmed that these activities occur primarily after 9 p.m. and noted that
there is no other place in the community that has a record close to this.
Captain Riley clarified that, after running the location address into their
computer, it brings up any address and name mentioned on or about that
location. However, he confirmed that the 30 reports either mention the
restaurant or the incidents occurred at the scene.
Ms. Ung confirmed for Mayor Pro Tom Adams that they serve lunch and
dinner on Saturdays and Sundays. She reported that they currently
operate from 5 p.m. to 2 a.m., but cannot serve lunch without
discretionary approval. She stated that the current hours of operation
were stipulated by the 1997 parking agreement. She indicated that they
do not have information as to why the operation was started at that time,
but the conditions set their hours of operation between 4:30 p.m, and 2:00
a.m., Monday to Saturday. Planning Director Temple added that there
was a succession of off -site parking agreements and arrangements
approved by the City over the years. She stated that they were
sometimes related to change of location or expansion of the floor area of
the operation; however, the records were not clear.
Jim Hildreth, Newport Beach, asked if the City is picking on Josh
Slocum's because of the resident that just sold his property. He believed
that the establishment has good ambiance and food, and there are people
who want to patronize this establishment. He believed that it is
inappropriate for the City to take on this attitude.
Bill Hodge, representing Josh Slocum's Restaurant, presented Council
with a handout. He reported that the use permit request would expand
the dining capacity by ten seats, allow entertainment and dancing with a
capacity of up to 190 people after 9 p.m., approve an additional off -site
parking agreement across the street to bring the property up to code, and
allow live entertainment. He noted that he has a copy of the settlement
agreement but it is unsigned; however, it directs them to retain a noise
consultant, secure a City permit to test live entertainment to do an
acoustical study to determine if the restaurant is operating at a decibel
level that was above City standards, compile the noise study results and
then do improvements to ameliorate any noise impacts that were
identified, file for a use permit to allow live entertainment, and have the
court retain jurisdiction in the event the permit was not issued.
Mr. Hodges reported that the acoustical consultant evaluated noise at six
locations, including two on Lido Isle, and determined that the sound from
Josh Slocum's was within the City's standard of 50 dB in residential
areas and 60 dB in commercial areas. He stated that they agreed to
implement further sound attenuation measures in order to ensure they
were good neighbors. Regarding parking and circulation, he stated that
the project will be to code through the use of the off -site agreement. He
noted that they changed the number of boat slips because it was the
Volume 56 - Page 1021
3`�
City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
reason they were three or four parking spaces short. He reported that
the plan they developed would fill the off -site parking spots first in order
to keep the parking on the premises open to allow better circulation; split
the valets between the establishment parking lot and the lot across the
street; utilize the pedestrian - protected crossing at the signalized
intersection; and assist in the intersection upgrade.
Mr. Hodges reported that the restaurant employs eight security guards
who are identified with shirts; the Line in front of the restaurant will be
Limited; if those waiting in line need to use the restroom, they will be
taken to the restroom so access can still be controlled; and they have two
control points. He indicated that he went to the Police Department after
the Commission hearing and filed a request to look at their information,
but he was not contacted and was surprised to hear some of the things
that were said tonight. He believed that they are not near the highest
volume of reporting calls in the City.
Mr. Hodges believed that Josh Slocum's Dinner and Supper Club
provides an upscale dining and dancing experience for residents and
visitors. He stated that they desire to continue a working relationship
with the City that was established through the settlement agreement and
through this process. He noted that Pat Connors, Vice President of
Operations for Random Interactive, Inc., who manages the restaurant
and is responsible for its operation is present tonight. Mr. Hodges stated
that they wish to enjoy the same business uses as other restaurants. He
expressed the opinion that it does not make sense to accept a use permit
with 44 conditions just to add ten seats to the restaurant. However, he
noted that they were willing to accept the 68 conditions that were
proposed by staff relative to dancing and entertainment. He believed
that the City would be in a much better position to issue the use permit
with 68 conditions and then take a chance on this going to further
litigation. He stated that they are willing to implement additional noise
measures and cooperate with the intersection improvements. He
believed that, from the beginning, they have talked about having live
entertainment one night a week and they are willing to stop this at
midnight as a further way to ameliorate any noise impact that could be
perceived.
Mr. Hodges stated that the current maximum occupancy in the
restaurant is 133. He noted that they initially requested an occupancy
higher than 190, but they lowered it to try to answer some of the
concerns. Mayor Pro Tern Adams expressed concern that they are
requesting a lot higher density than what exists today. Mr. Hodges noted
that noise improvements were implemented as a result of the acoustical
study, adding that they even installed a switch for the manager that
doesn't allow the DJ to go above a certain level. He assured Council that
people can tell who security personnel are in the restaurant, they have
closed down the parking lot when it is at capacity, and they allow people
to use the restroom facility if they are in line. He stated that they are
contemplating having one live entertainment permit a week, but they
would be open to a condition that limits this number.
Volume 56 - Page 1022
City of Newport Beach
Regular Meeting
June 22, 2004
INDEX
Mr. Hodges reported that security is also out in the parking lot during
hours of operation. Council Member Bromberg stated that he drove by
the restaurant over the weekend and someone was throwing up in the
street and another person was flipping cars off as they drove by.
Mr. Hodges emphasized that those kinds of behavior are unacceptable
and their security would be set up to try to deal with it. Council Member
Bromberg expressed concern that changing to a nightclub would
exasperate the problem.
Council Member Webb asked how many people are necessary before they
turn people away in line. Mr. Hodges stated that the line is currently
restricted based on parking capacity, but they are willing to look at a
number that makes sense as to what creates an impediment to
circulation in the parking lot. He reported that they now have four valets
who try to immediately run the cars across the street, they come back at
the signalized intersection, and then they take the next group of cars
over. He stated that occasionally there will be a backup like any
restaurant in that area. Council Member Webb noted that the site is
extremely tight and questioned whether the City wants to look at
increasing its density.
Mayor Pro Tem Adams left the meeting at 7:57 p.m.
Roger Grable stated that he was the attorney that represented the
applicant when this enforcement action came up. He indicated that,
when he first became involved, the original noise complaints were from
two neighbors who were living in a nonconforming residence immediately
adjacent to the restaurant. He stated that the restaurant voluntarily
made changes acoustically that addressed their problems and noted that
they weren't getting complaints from Lido Isle. He pointed out that the
judgment was designed to give them the opportunity to test live
entertainment. He explained that they did not apply for the second
permit because the acoustical test indicated that they did not need to do
any further modifications. He noted that they had live entertainment,
recorded music, and dancing over the years, so they felt they had a good
argument for this to continue. However, as part of the judgment, they
agreed to put these issues aside on the basis that they would evaluate the
potential for live entertainment and then come to the City for a use
permit so the City could regulate the issues they were concerned about
and give Josh Slocum's an opportunity to have an operation that was
more like others in the area. Mr. Grable emphasized that dancing was
never something they agreed they could not do and added that this was
not covered in the judgment. He stated that they do not allow people to
dance there as part of the dinner section, explaining that they close the
restaurant, move tables, and then charge admission. He noted that,
according to the City's code, a cafe dance permit is only required if the
restaurant does not charge admission. He stated that they feel they were
acting in good faith, noting that no one told them that they weren't. He
requested that they be given the opportunity to review the police reports
if Council was going to base their decision on them. He stated that he
constantly talks with Mr. Connors who indicated that they only had one
fight at the location since January. He indicated that they would prefer
that this be continued in order to review the police reports.
Volume 56 -Page 1023
City of ]Newport Beach
Regular Meeting
June 22, 2004
INDEX
In response to Council Member Rosansky's questions, Mr. Hodges
believed that Margaritaville, Villa Nova, Billy's at the Beach, and Joe's
Crab Shack have dancing and/or live entertainment. He noted that Villa
INova also has limited on -site parking and has a valet parking system.
He agreed that Villa Nova has two driveways and a piano bar, and
confirmed that Margaritaville has a significant parking lot and a
municipal lot behind it.
Mayor Ridgeway indicated that he is not persuaded by the Police reports
and he is satisfied that Josh Slocum's can mitigate the noise. However,
he is not favorably inclined knowing the traffic situation, the intensity of
use, and inability to deal with the crowds. He agreed that they have a
right to review the file.
Motion by Mavor Ritdeeway to continue the item to the July 13, 2004
Council meeting.
Council Member Webb indicated that he is concerned with the Police
reports and requested a summary of the types of complaints and whether
they apply to Josh Slocum's.
Council Member Heffernan stated that he is not sure why they are
considering extending the hours when the establishment is shoe - horned
in there with no general circulation. He noted that they are only going to
have one guard per 200 square feet and believed that this is a very active
late night use on a site that is ill- equipped to handle the density. He
indicated that he is in favor of upholding the Commission's decision, but
his mind is always open and he will hear this de novo.
The motion carried by the following roll call vote
Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor
Ridgeway
Noes: None
Abstain: :None
Absent: Adams
K. PUBLIC COMMENTS
Robert Walchli, Corona del Mar, requested that Council adopt an
emergency ordinance to prohibit the installation of any rooftop canopy,
shrub, or other object that exceeds the maximum legal building height
and negatively impacts the views or light of neighboring properties. He
believed that Council passed two ordinances in midnight sessions that
may damage property values in Corona del Mar, and asked that Council
take the same consideration on an ordinance designed to protect the
property rights and values of view properties throughout Newport Beach.
Mr. Walchli also requested an ordinance which deals with construction
dust and requires the Police Department to enforce AQMD Rule 402. He
requested that the City require building permittees to sign a statement
that indicates they understand the dust law and will be cited for
violations. He added that every job site should have a sign posted with a
phone number so the public can report violations. He believed that, if the
Volume 56 - Page 1024
3�°
flugust 17, 2884
Dear Newport Beach City Council Members,
Please uphold the Planning Commission's original denial of the
application of Random Interactiue, Inc (Josh Slocum's Dinner and
Supper Club) to operate a nightclub with liue entertainment and
dancing between 9:88 p.m. and 2:88 a.m.
I haue liued on the property nest to Josh Slocums for ouer 15
years. Since Random Interactiue, Inc has been running the business,
constant disregard for zoning issues occurs, and would most likely
increase with your approual for their request.
For instance, the entrance to my driueway is frequently blocked
either by the ualet or customers, causing both inconuenience and a
traffic hazard.
Extremely loud music until closing time makes it almost
impossible to sleep.
Rs people depart from the restaurant they are loud and
disorderly, sometimes flicking cigarettes and throwing trash and
bottles onto my property. No one seems to try to stop them.
Customers of the restaurant /nightclub often park on my
property and wander around.
I commend you on your original denial and hope you uphold this
decision.
c_ Sincerely,
Q N a
L!J CL > �-
;. Mary Sericati
ti
,�! W 2547 West Coast Hwy.
Newport Beach, 92663
949 631 3765
=_ }
0
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
COUNCIL AGE �A
K 5 47 G
Agenda Item No. 29
June 22, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Rosalinh Ung, Associate Planner
rungaci .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 a n
• request to operate a nightclub with
2 a.m. at the subject property?
RECOMMENDATION:
appeal of the Planning Commission's denial of a
live entertainment and dancing between 9:00 p.m. and
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
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'. T•,�5: i. 2601 ---- 2112 2100
RMC
VICINITY MAP
2201
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
• I
171
Josh Slocum's Dinner and Supper Club (PA2003 -220)
June 22, 2004
Page 3 of 3
0 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 3,967 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 0- (2- /
Rb alinh Ung, Associ to tanner
Attachments:
Submitted by:
a
Patricia L. Temple, PI ping 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
9
0
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.
Vol
0
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 waterfront 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.
6
u
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
ATTEST:
CITY CLERK
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
ILTAFTAVIE01
0
City of Newport Bleach
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. •
Ib
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-
0 site, to advertise the restaurant.
Between the hours of
Between the hours of
7:o0AM and
10:o0PM and
10:OOPM
7:OOAM
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
I 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-
0 site, to advertise the restaurant.
City of Newport Beach
City Council Resolution No.__
Page 7 of 10
0
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.
i'a
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
0
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- 036ccreso.doc
0
IS
ATTACHMENT 13
PLANNING COMMISSION STAFF REPORT
DATED MAY 69 2004
0
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
runq@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
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.
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 2 of 20
. � :2195 361! � :, ' � /�•
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VICINITY MAP
-4
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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:
Z.
To the west:
Commercial Developments
I ....
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SP-5'
i; :
• 22q
,
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mtw'
Mft '
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
0
r 1
LJ
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 bn -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. Tlie 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
IS entrance of the restaurant.
a
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 u
restarant owrierT "dperatdr later submitted a'CeaSe for 25 parking spacesdoaa;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.
5. 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
�2o
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 P`errnit'is requir�d'.
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, 200.4
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 /rest room). 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.
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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.
03
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.bv:........ .
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. 9
a
Hours of
Net Public
Occupancy
Dancing
DJ's /Live
Operation
Area
(Estimated)
Music
(Inside &
Po rch
Restaurant Setup
5:00 p.m. -9:00
2,167 s.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.bv:........ .
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. 9
a
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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. Only 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
1;�S
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 brfdgr)
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 °afFrequifed. However, noise frorn
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.
•
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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
W7
Josh Slocum's Dinner and Supper Club (PA2003 -22C)
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:.
?resently, the parking "ratio "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 ica
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.
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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
0
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REQUIREMENT•. .:.:
PROPOSED.:.r
Site:
Site shall be of sufficient size and configuration to
Does not Comply. The site is 10,100 square feet in size
safafy. -ell= ,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' 605f rr%g'ine
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.
ON- 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 valet/parking 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 in 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 -of -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.
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Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 15 of 20
Alcoholic Beverage Outlet (ABO) Ordinance
Section 20.89.030.B of the Alcoholic Beverage Outlet Ordinance (ABO) requires the
Planning Commission to consider the following factors:
0 5
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Whether the use serves public convenience or necessity.
The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City . ; ...
The number of alcohol licenses per capita in the reporting district and_ in-'adjacent`
reporting districts as compared to the county -wide average.
The numbers of alcohol - related calls for service, crimes or arrests in the reporting
district and in adjacent reporting districts.
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:
3 1
REQUIREMENTS, '• - :.PROPOSED
. .
Lighting.
Parking lot and site illumination height and intensity; tc
Complies. The property has adequate lighting and dos
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
underground utilities.
Supply Storage
Supply storage to be contained within a building.
Com lies. 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. I
appears sufficient in size to accommodate refuse.
Alcoholic Beverage Outlet (ABO) Ordinance
Section 20.89.030.B of the Alcoholic Beverage Outlet Ordinance (ABO) requires the
Planning Commission to consider the following factors:
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Whether the use serves public convenience or necessity.
The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City . ; ...
The number of alcohol licenses per capita in the reporting district and_ in-'adjacent`
reporting districts as compared to the county -wide average.
The numbers of alcohol - related calls for service, crimes or arrests in the reporting
district and in adjacent reporting districts.
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:
3 1
Josh Slocum's Dinner and Supper Club (PA2003 -220'1
May 6, 2004
Page 16 of 20
RD No. 24: 3,395.91
City Average: 3448.23 (per
100,000 people)
RD No. 25: 3,395.95
California: 3902.90 (per
100,000 eo le
RD No. 26: 4,073.93
National: 4160.50 (per
1 00,000 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
'3 a
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
0 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, 20041
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 - 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.
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 •
3q
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 Department are-6duse 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).
3�
Prepared by:
Exhibits
1
FAV
3.
4.
5�.
6.
7.
8.
9.
10
11
12
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 20 of 20 •
Submitted by:
a&4a t
'r Patricia L. Temple, anning Director
Draft Resolution No. 2003 -_; findings and conditions of approval forthe
restaurant expansion, parking waiver, and nightclub
Draft Resolution No. 2003 -_; findings and conditions of approval for the
restaurant expansion and parking waiver, and findings of denial forthe nightclub
Police Department Report
Restaurant Menu
- -- Noise -Study byBridgeNet- — >. >-
Letter from Ned McCune for additional 35 spaces
Traffic Light Improvements Letter
Existing Parking Lease Agreement
Additional 4 Parking Spaces for Dinner Time
Proposed Parking Management Plan
Public Comments
Project Plans
0
3l0
n
L�
11
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 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
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 (Mariners 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 waterfront 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,.
95
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 valeVparking 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:j-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 Califomia 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.
0
40
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 10
E
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 Stn DAY OF MAY 2004:: - -
B
Earl McDaniel, Chairman
BY:
Mic el Toerge, Secretary
0
AYES: Eaton, Cole, Toerge, McDaniel,
Selich. Kiser and Tucker
NOES: None
ABSENT: None
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 specked 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. -- t
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.
y
E
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 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.
43
Between the hours of
Between the hours of
TOOAM and
10:OOPM and
10:OOPM
7:OOAM
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
5OdBA
CommercialRoperty.. _
N/A -,._,_
65dBA
NIA
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.
43
City of Newport Beach
Planning Commission Resolution No.
Page 7 of 10
u
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.
Hq
L
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.
- � � —2 -7.- -- -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
0 upon request by a representative of the City of Newport Beach
kS
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. Washirg 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 &&al] have a lid =or top-that remains-closed at all Wnes,•
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
40
4(4
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.
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- grmm-safesof food` `
during the same period. The licensee -shad 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 -036m oreso. d oc
141
ATTACHMENT D
EXCERPT OF MINUTES)
DATED MAY 612004
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Planning Commission Minutes 05/06/2004
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
SUBJECT: Josh Slocum's Dinner & Supper Club (PA2003-
220)
2601 W. Coast Highway
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:1Plancomm1200410506.htm
Page 15 of 26
ITEM NO. 4
PA2003 -220
Approved
05/24/2004 49
Planning Commission Minutes 05/06/2004
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
area.
. They did not have any permitted use for any live
entertainment, or dancing, or operation as a nightclub.
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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.
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Planning Commission Minutes 05/06/2004
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.
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Planning Commission Minutes 05/06/2004
file://H:\Plancomm\2004\0506.htm
Page 19 of 26
05/24/2004 63
. 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
Page 19 of 26
05/24/2004 63
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.
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• 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.
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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
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Planning Commission Minutes 05/06/2004
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.
filc://14:\Plancomm\2004\0506.htm
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Planning Commission Minutes 05/06/2004
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 Alco tohol
Beverage Outlet Ordinance. It was incorporated inthese
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
Page 24 of 26
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ATTACHMENT E
APPEAL FORM FILED
BY THE APPLICANT
59
• I
CITY OF NEWPORT BEACr,
APPLICATION TO APPEAL DECISION OF THE PLANNING COMMISSION
Application No. 2003 -220 '04 MAY 20 8_7_i
NameofAppellant Bill Hodgerof Hodge & Associates
or person filing: for PnnAnm Tnf PrsrfivP �Tnr- _ Phone:
Cg'"k,g.) "`/y"R7= n:3.j_(�'_=`; `- ''•
Address: 24040 Clamin-o del Avion 1247.. Monarch Beach, CA. 92629
Date of Planning Commission decision:
20 0.4
Regarding applicationof: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: Plannin
denial of the requested use perm_'.t
after the project met noise standards, parking standards, occupancy standards
traffic circulation standards and committed to further.noise attenuation
measures.
Y. '^ �!�_ Date May 20, 2004
Signature of Appellant U
CITY CLERK
I-OR OFFICE USE ONLY
Date Appeal filed and Administrative Fee received: , 20
Hearing Date. An appeal shall be scheduled for a hearing before the Ci Council within thirty (30) days of the
fling 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)
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11'21 2010 05:00 FAX
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MR. & MRS, HOWARD C. MARTIN
215 OCEAN VIEW AVENUE
NEWPORT BEACH
CALIFORNIA 92663
NEWPORT CITY COUNCIL
zoo1
_.vrT�
iED: `_ �
RECEIVED BY
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
JUN 18 2004
AM PM
71819110 X11 X12 11 ,213141516
JUNE 18, 2004
RE: JOSH SLOECUM'S DINNER & SUPPER CLUB
DEAR COUNCIL;
WE ARE VERY MUCH AGAINST THE REQUEST FOR LIVE ENTER-
TAINMENT AT JOSH SLOCUM'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, �k
311DW=RD JOANNE MARTIN
(949) 646 -8402
i
CALLS FOR SERVICE - NEIGHBORHOODS
CITY OF NEWPORT BEACH
AUGUST 17 - 24, 2004
Reporting District Numbers of Calls Highlights
24 — West Newport-
75 I 2 Fights
Coast Highway
9 Disturbances
25 — Mariners Mile —
71
8 Disturbances,
Coast Highway
1 Traffic Stop at
Slocum's
26 — Coast Highway
41
4 Boat Moves
— Back Bay Entrance
2 Home Burglaries
12 — Peninsula -
50
10 Disturbance—s-11
Balboa Pier Area
1 Fight
13 — Peninsula — East
81
10 Disturbances
of Newport Pier
2 Batteries
15 — Peninsula —
171
21 Disturbances
West of Newport Pier
6 Drunk - Related
16 — Peninsula —
114
16 Disturbances
West Newport at
Superior