HomeMy WebLinkAbout16 - Port Restaurant and Bar AppealCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No j1 —
November 10, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Jaime Murillo, Associate Planner
949 - 644 -3209, jmurillo @newportbeachca.gov
SUBJECT: Port Restaurant and Bar Appeal
440 Heliotrope Avenue - PA2009 -080
• Amendment to Use Permit No. 1566
• Off -Site Parking Agreement No. OP2009 -003
APPELLANT: Ali H. Zadeh
ISSUE
Should the City Council uphold the decision of the Planning Commission to disapprove
an amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009-
003?
RECOMMENDATION:
1) Conduct a de novo public hearing; and
2) Adopt Resolution No. (Attachment No. CC1) denying the appeal and
upholding and affirming the decision of the Planning Commission to disapprove an
amendment to Use Permit No. 1566 and disapprove Off -Site Parking Agreement
No. OP 2009 -003.
Port Restaurant and Bar Appeal
November 10, 2009
Page 2
INTRODUCTION
Proiect Settin
The subject restaurant is located on the eastern side of Heliotrope Avenue,
approximately 150 feet south of East Coast Highway in Corona del Mar. To the north,
across Heliotrope Avenue, is a three -story office building and related off - street parking;
to the east are the Port Theater, a retail boutique, hair salon, and one residential
apartment; to the south is a two -story office building and a residential neighborhood
beyond; and to the west, across Heliotrope Avenue, is a residential neighborhood.
The off -site parking lot proposed for use by the appellant is located directly across
Heliotrope Avenue at the intersection of Second Avenue and serves as the off - street
parking for the three -story office building.
Background
On August 20, 2009, the Planning Commission first considered the subject application.
Staff recommended denial and the appellant requested that the Planning Commission
continue the item in order to allow him additional opportunity to present his entire case.
The Planning Commission opened the public hearing and listened to testimony from
members of the public and from Detective Bryan Moore from the Police Department. At
the conclusion of the public testimony, the Planning Commission continued the item to
the September 17, 2009, Planning Commission meeting.
On September 17, 2009, the Planning Commission reopened the public hearing on this
item. After extensive discussion and public testimony, the Planning Commission
unanimously voted to disapprove the requested amendment to Use Permit No. 1566 and
Off -Site Parking Agreement No. OP 2009 -003 (Attachment No. CC2 — PC Resolution).
Please refer to the attached August 20, 2009, and September 17, 2009, Planning
Commission staff reports for a detailed analysis of the proposed project and requested
approvals (Attachment Nos. CC3 & CC4).
On September 30, 2009, the appellant appealed the Planning Commission's decision
DISCUSSION:
Protect Description /Appeal
The appellant is requesting reconsideration of an amendment to Use Permit No. 1566 to
allow the following changes in the operational characteristics of the existing restaurant:
2
Port Restaurant and Bar Appeal
November 10, 2009
Page 3
1) Change in Hours Of Operation
The current permitted hours of operation for the restaurant are between 5:30
p.m. and 12:00 a.m., daily. Food service currently terminates at 11:00 p.m. to
accommodate the 12:00 a.m. closing time. The appellant is requesting to extend
the closing time of the restaurant to 1:00 a.m. to accommodate later food service
for guests and to allow guests additional time to exit the premises so they are not
rushed out at once. The appellant is also requesting lunch service on weekend
afternoons. The proposed hours of operation would be from 11:00 a.m, to 1:00
a.m. on Saturdays and Sundays, and 5:30 p.m. to 1:00 a.m. Mondays through
Fridays. (!t should be noted that pursuant to Condition No. 4 of the existing Use
Permit No. 1566, as amended March 17, 1977, the requested lunch service on
weekends may be approved without an amendment to the Use Permit if an off-
site parking agreement is approved for the parking spaces during daytime hours.)
2) Live Entertainment
The appellant proposes to provide live entertainment. As illustrated on the
revised-project plans, Dining Room B will be reconfigured for live entertainment
(Attachment No. CC 5). Live entertainment would include live bands and Disc
Jockeys (DJ). The appellant proposes to install acoustical tiles to the interior
Walls and ceilings of Dining Room B to help attenuate the music. To provide
further noise attenuation, the appellant is proposing to add a full height door to
the entry archway at the front outdoor patio. (The appellant's original request
included dancing in addition to live entertainment, however, at the August 20,
2009, Planning Commission hearing, the appellant stated that his request for
dancing was no longer part of his application.)
3) Restaurant Remodel
The appellant proposes to remodel the first floor of the restaurant to improve
internal circulation and enlarge the bar area. The existing floor plan
compartmentalizes the restaurant into four separate areas (Dining Rooms,
Outdoor Atrium, Bar, and Outdoor Patio Area). This compartmentalization of the
restaurant has led to overcrowding later in the evening in the bar area:' The
appellant proposes opening up the floor plan by removing walls, windows, and
doors separating the outdoor atrium from the interior dining rooms and bar area
and replacing them with new bi -fold doors. This will allow the flexibility of using
the premises as one large space instead of three distinct areas. In addition, the
appellant proposes to provide additional floor area for the bar and improve
access to emergency exits by decreasing the size of a men's restroom located
I
Port Restaurant and Bar Appeal
November 10, 2009
Page 4
adjacent to the bar area. The total net public areal of the restaurant after the
proposed floor plan changes will be 1,355 square feet.
4) Off -Site Parking
The restaurant currently utilizes 40 parking spaces within the privately -owned
parking lot located directly across the street at 2865 East Coast Highway. An
existing off- street parking agreement with the City allows the restaurant to meet
required off - street parking requirements on that lot between the hours of 5:30
p.m. and 12:00 a.m. only. The appellant is requesting the approval of a new
agreement to utilize the parking spaces during the proposed extended hours of
operation.
5) Security
To address noise generated from patrons leaving the restaurant in late evening,
the appellant proposes to provide security attendants in the off -site parking lot on
Thursday, Friday, and Saturday evenings. The appellant asserts that this will
ensure that patrons leave the premises quietly, do not loiter in the parking lot,
and do not litter.
The appellant requests that the City Council reconsider and reverse the Planning
Commission's decision on the grounds that the evidence and testimony offered at the
Planning Commission meeting prejudiced the hearing and needed to be clarified. The
appellant submitted a Statement of Facts for the Council's consideration (Attachment
No. CC6). The appellant has submitted revised plans that include the elimination of the
previously proposed dance floor and has modified his request to limit the extension of
the closing hours to three days of week (Thursday through Saturday), as opposed to
daily as originally requested. Pursuant to Section 20.95.060(C) the City Council may
only consider the modified application if they deem it relevant.
Chapter 20.95 of the Municipal Code establishes the procedures for the appeal process.
Pursuant to Section 20.95.060 C, a public hearing on an appeal is conducted "de novo,"
meaning that it is a new hearing and the decision being appealed has no force or effect
as of the date the appeal was filed. The appellate body is not bound by the decision
being appealed or limited to the issues raised on appeal.
'Net Public Area iNPA): The Zoning Code defines net public area as the total area used to serve
customers, including, but not limited to, customer sales and display areas, customer seating areas,
service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens,
storage and utility areas, and similar areas used by the employees of the establishment.
q
Port Restaurant and Bar Appeal
November 10, 2009
Page 5
Planning Commission Action
The Planning Commission concurred with staffs analysis of the proposed project as
presented in the attached staff reports and found that the findings necessary for the
project approval could not be made. In addition, the Commission commented that:
• While sensitive to the difficulties faced in the current economy, the Planning
Commission stated that economic difficulty did not justify compromising sound
planning principles.
• The quality or character of.the appellant was not under consideration; rather it is
a land use decision for a use permit that runs with the land.
• The security that is currently in place is not consistent with that required for a
restaurant, but rather for a bar.
• The three -year parking lease submitted at the hearing in support of the requested
off -site parking agreement included a 30 -day cancellation clause, which did not
support the required finding that the off -site parking will remain permanently
available for use by the restaurant (Attachment No. CC7).
• The restaurant is an asset to the community that will be allowed to continue
operating under the existing conditions of approval of Use Permit No. 1566, as
amended in 1977 (see Attachment No. PC 3 of Attachment No. CC4),
The Minutes from the Planning Commission hearings have been attached for reference
(Attachment Nos. CC8 & CC9).
Extensive public testimony was received at the two Planning Commission hearings,
both in support and in opposition. A total of 56 letters were submitted to the Planning
Commission, 41 letters in support and 15 letters in opposition. A petition in support and
a petition in opposition were also submitted. To reduce the size of this staff report, the
letters and petitions have not been included; however, at the Council's request, staff can
provide a copy of all the correspondence received. New correspondence received after
Planning Commission hearings have been included for the Council's consideration as
Attachment No. CC 10.
Newport Beach Police Department Concerns
The appellant's Statement of Facts and revised plans were forwarded to the Police
Department. Detective Bryan Moore has indicated that the elimination of dancing from
the application request and the modification to the requested extended hours does not
change the Police Department's position or alleviate concerns stated in their original
memorandum (see Attachment No. PC10 to Attachment No. CC4). The Police
Department maintains that the proposed live entertainment and extended hours of
a
Port Restaurant and Bar Appeal
November 10, 2009
Page 6
operation, even without the provision of dancing, will transform the restaurant into a
nightclub /bar in the late evenings. The Police Department has already spent a
considerable amount of time addressing complaints with regard to noise and activity at
the location. Given the proximity of the restaurant to residences, they believe that the
proposed changes will only contribute to an increase in the noise and police activity.
Decision Before City Council
Section 20.95.060 (D) requires the City Council to reach a decision within thirty days
after the close of the public hearing on this appeal. The City Council may approve,
modify, disapprove, in whole or in part, the Planning Commission's decision provided
the required findings are made.
Use Permit Findings
Pursuant to Section 20.82.060 of the Zoning Code, the proposed expansion in hours of
operation and introduction of live entertainment are considered major changes in
operational characteristics requiring an amendment to the Use Permit. Pursuant to
Section 20.91.035 of the Zoning Code, the City Council shall approve an application for
an amendment to a use permit if the three required findings below can be made.
That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located; will not be detrimental
to the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in or adjacent to the neighborhood of such use; and will not
be detrimental to the properties or improvements in the vicinity or to the general
welfare of the city.
3. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
Off -Site Parking Agreement Findings
Pursuant to Section 20.66.080 of the Zoning Code, off - street parking on a separate lot
from the project site may be approved if the City Council can make the three required
findings below.
1. Such lot is so located as to be useful in connection with the proposed use or
uses on the site or sites.
Port Restaurant and Bar Appeal
November 10, 2009
Page 7
2. Parking on such lot will not create undue traffic hazards in the surrounding area.
3. Parking is permanently available, marked, and maintained for the use it is
intended to serve.
Conclusion
With the exception of the appellant's modified request to limit the extension of hours to
Thursdays through Saturdays, staff does not believe the appellant's Statement of Facts
provides any new information that was not already raised and considered at the
Planning Commission hearings. Furthermore, staff does not believe that limiting the
extension of hours to weekend nights only will alleviate the anticipated detrimental
impacts to the public health, safety, peace, morals, comfort, or welfare of persons
residing or working in the neighborhood of the restaurant. Therefore, staff recommends
that the City Council uphold and affirm the Planning Commission's decision to
disapprove the application based on the Planning Commission findings.
Should the City Council deny the appellant's appeal, the restaurant will continue to
operate under the existing conditions of approval of Use Permit No. 1566, as amended
in 1977. The City has found the use of the subject off -site parking lot in conformance
with the existing off -site parking agreement with the City and acceptable for use during
the evening hours only.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt
under the requirements of the California Environmental Quality Act (CEQA) under Class 1
(Existing Facilities).
Public Notice
Notice of this review was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Alternatives
t. If the City Council concludes that there are sufficient facts to support findings for
approval for any portion of the proposed Use Permit amendment, the City
Council should state said facts, close the public hearing, continue the item to the
next scheduled meeting, and direct staff to prepare a resolution for approval, with
findings and conditions; and/or
Port Restaurant and Bar Appeal
November 10, 2009
Page 8
2. If the City Council concludes that there are sufficient facts to support findings for
approval for the proposed off -site parking agreement, the City Council should
state said facts, close the public hearing, continue the item to the next scheduled
meeting, and direct staff to prepare a resolution for approval, with findings and
conditions. As previously noted, approval of the proposed off -site parking
agreement for use of the off -site parking spaces during weekend lunch hours will
not require an amendment to the Use Permit pursuant to Condition No. 4 of the
existing Use Permit No. 1566, as amended March 17, 1977.
Prepared by:
��
,d5i le Murillo, Associate Planner
Submitted by:
Attachments:
No. CC1 - Resolution No. (denying appeal)
No. CC2 - Planning Commission Resolution No.1790
No. CC3 - August 20, 2009, Planning Commission Staff Report with attachments
No. CC4 - September 17, 2009, Planning Commission Staff Report with attachments
No. CC5 - Revised Project Plans
No. CC6 - Appellant's Statement of Facts
No. CC7 - Three -year Parking Lease
No. CC8 - August 20, 2009, Planning Commission Hearing Minutes
No. CC6 - September 17, 2009, Planning Commission Hearing Minutes
No. CC10 -New Correspondence Received (Post Planning Commission)
O
Attachment No. CC 1
Draft resolution and findings for denial
M
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DENYING THE APPEAL AND
UPHOLDING AND AFFIRMING THE DECISION OF THE
PLANNING COMMISSION TO DISSAPROVE AN
AMENDMENT TO USE PERMIT NO. 1566 AND OFF -SITE
PARKING AGREEMENT NO. OP2009 -003 FOR THE PORT
RESTAURANT AND BAR LOCATED AT 440 HELIOTROPE
AVENUE (PA2009 -080)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS
1. An application was filed by Ali H. Zadeh, applicant and appellant , with respect to
property located at 440 Heliotrope Avenue, and legally described as Parcel 1 of
Parcel Map 57 -20 (Resubdivision No. 412) requesting approval of an amendment
to Use Permit No. 1566 and Off -Site Parking Agreement No. OP 2009 -003.
2. The appellant proposed the following changes in the operational characteristics of
the existing restaurant: 1) Expand the existing hours of operation (5:30 p.m. to
12:00 a.m.) by extending the closing time to 1:00 a.m. daily, and providing lunch
service on weekends; and 2) Introduction of live entertainment. The application
also includes an off -site parking agreement to allow the continued use of 40 off-
site parking spaces on property located at 2865 East Coast Highway for the
requested hours of operation.
3. The subject property is located within the Retail and Service Commercial (RSC)
Zoning District and the General Plan Land Use Element category is Corridor
Commercial (CC).
4. The subject property is located within the coastal zone. The Coastal Land Use
Plan category is General Commercial (CG -B).
5. Public hearings were held by the Planning Commission on August 20, 2009 and
September 17, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard,
Newport Beach, California. A notice of time, place and purpose of the meetings
were given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning
Commission at these meetings.
City Council Resolution No. _
Pape 2 of 4
6. At the September 17, 2009, Planning Commission hearing, the Planning
Commission unanimously voted to disapprove the amendment to Use Permit No.
1566 and Off -Site Parking Agreement No. OP2009.
7. On September 30, 2009, the applicant appealed the decision of the Planning
Commission to the City Council.
8. The appellant has modified his request to limit the extension of the closing hours
to three days of week (Thursday through Saturday), as opposed to daily as
originally requested. Pursuant to Section 20.95.060(C) the City Council may only
consider the modified application if they deem it relevant.
9. A public hearing was held by the City Council on November 10, 2009, in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the meeting was given in accordance with
the Newport Beach Municipal Code. Evidence, both written and oral, was
presented to, and considered by, the City Council at this meeting
SECTION 2. FINDINGS.
1. The findings required by 20.91.035 of the Zoning Code to approve the requested
amendment to Use Permit No. 1566 cannot be made.
2. Given the location of the restaurant in close proximity to numerous residential
units and Two -Unit Residential (RT) Zoning District, the operation of the
restaurant, as proposed, will be detrimental to the public health, safety, peace,
morals, comfort, or welfare of persons residing or working in the neighborhood of
the restaurant, for the following reasons:
• The proposed remodel of the restaurant will significantly open up the dining
rooms and bar area to the outdoor atrium patio, which may result in
decreased sound attenuation and increased noise generation from the
restaurant when live entertainment is performed.
• Sound tests conducted by the applicant did not account for noise levels when
the restaurant is operating at capacity with additional noise generated from
the activities of restaurant patrons. Also, the sound tests do not account for
noise sources that can be perceived as annoying by adjacent residences,
such as noise from patrons inside the restaurant (i.e. talking and laughing),
patrons leaving the restaurant (i.e. car alarms and doors slamming), or
patrons loitering in the parking lot.
City Council Resolution No. _
Paqe 3 d4
Memorandums provided by the Code and Water Quality Enforcement
Department and the Police Department, indicate complaints have been
received from residents in the past regarding the noise generated from the
restaurant and from patrons walking to their cars and loitering in the parking
lot; the addition of live entertainment and extending the hours of operation for
an additional hour is expected to result in increased noise disturbances to the
adjacent residences and neighborhood.
The introduction of live entertainment can potentially transform the restaurant
into a bar /nightclub, and due to the close proximity to a residential
neighborhood, would result in a land use that is incompatible with the
residential character of the neighborhood.
• There is insufficient evidence provided to confirm that parking will be available
during the requested lunch service and there is no certainty that those parking
spaces will remain available for the restaurant's exclusive use.
3. Pursuant to Section 20.66.080 of the Zoning Code, off - street parking on a separate
lot from the project site requires the approval of an off -site parking agreement. The
City Council finds it cannot make the findings required to approve Off -Site
Parking Agreement No. 2009 -003. A majority of the 20,300- square -foot
commercial building located at 2865 East Coast Highway is currently vacant.
Sufficient evidence has not been provided illustrating that the off -site parking lot
will remain permanently available for use by the restaurant during the weekend
lunch hours and uncertainty exists pertaining to the type of use that will occupy
the remaining vacant space within the commercial building.
SECTION 3. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The City Council of the City of Newport Beach hereby denies the appeal and
upholds and affirms the decision of the Planning Commission to disapprove the
amendment to Use Permit No. 1566 and Off -Site Parking Agreement No.
OP2009 -003.
2. This resolution shall take effect immediately upon adoption.
3. The City Council of the City of Newport Beach hereby directs the City Clerk to
mail notice of this decision to the applicant and appellant within five working days
of the date of this decision.
City Council Resolution No. _
Paqe 4 of 4
Passed and adopted by the City Council of Newport Beach at a regular meeting held on
the November 10, 2009 by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
David R. Hunt, City Attorney
For the City of Newport Beach
Attachment No. CC 2
Planning Commission
Resolution No. 1790
J5
tv
RESOLUTION NO. 1790
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING AN AMENDMENT TO
USE PERMIT NO. 1566 AND OFF -SITE PARKING AGREEMENT
NO. OP2009 -003 FOR THE PORT RESTAURANT AND BAR
LOCATED AT 440 HELIOTROPE AVENUE (PA2009 -080)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Ali H. Zadeh, w ith respect to property located at 4 40
Heliotrope Avenue, and legally described as Parcel 1 of Parcel Map 57 -20
(Resubdivision No. 412) requesting approval of an amendment to Use Permit No. 1566
and Off -Site Parking Agreement No. OP 2009 -003.
2. The applicant proposes the following changes in the operational characteristics of the
existing restaurant: 1) Expand the existing hours of operation (5:30 p.m. to 12:00 a.m.)
by extending the closing time to 1:00 a.m. daily, and providing lunch service on
weekends; and 2) Introduction of live entertainment and dancing. The application also
includes an off -site parking agreement to allow the continued use of 40 off -site parking
spaces on property located at 2865 East Coast Highway for the requested hours of
operation.
3. The subject property is located within the Retail and Service Commercial (RSC) Zoning
District and the General Plan Land Use Element category is Corridor Commercial (CC).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is General Commercial (CG -B).
A public hearing was held on August 20, 2009, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been reviewed, and it has been determined that it is categorically
exempt under the requirements of the California Environmental Quality Act (CEQA)
under Class 1 (Existing Facilities).
2. The project involves minor interior alterations involving a negligible expansion of use.
11
Planning Commission Resolution No. 1790
Paae 2 of 3
SECTION 3. REQUIRED FINDINGS.
1. Pursuant to Section 20.82.060 of the Zoning Code, the proposed expansion in hours of
operation and introduction of live entertainment and dancing are considered major
changes in operational characteristics requiring an amendment to the Use Permit. In
accordance with Section 20.91 .035 of the Zoning Code, the Planning Commission finds
it cannot make the findings required to approve the requested amendment to Use
Permit No. 1566. Given the location of the restaurant in close proximity to numerous
residential units and Two -Unit Residential (RT) land use district, the operation of the
restaurant, as proposed, will be detrimental to the public health, safety, peace, morals,
comfort, or welfare of persons residing or working in the neighborhood of the
restaurant, for the following reasons:
• Although the sound test submitted by the applicant indicate that live entertainment
can be performed within the restaurant in compliance with the City's Community
Noise Control Ordinance, the proposed remodel of the restaurant will significantly
open up the dining rooms and bar area to the outdoor atrium patio, which may
result in decreased sound attenuation and increased noise generation from the
restaurant when live entertainment is performed.
• Although the sound test provided an indication of the expected noise levels when
live entertainment is provided, the sound tests were performed when the restaurant
was relatively unoccupied and do not account for noise levels when the restaurant
is operating at capacity with additional noise generated from the activities of
restaurant patrons. Also, the sound tests do not account for noise sources that can
be perceived as annoying by adjacent residences, such as noise from patrons
inside the restaurant (i.e. talking and laughing), patrons leaving the restaurant (i.e.
car alarms and doors slamming), or patrons loitering in the parking lot.
• Memorandums provided by the Code and Water Quality Enforcement Department
and the Police Department, indicate complaints have been received from residents
in the past regarding the noise generated from the restaurant and from patrons
walking to their cars and loitering in the parking lot; the addition of live
entertainment and extending the hours of operation for an additional hour is
expected to result in increased noise disturbances to the adjacent residences and
neighborhood.
• The introduction of live entertainment and dancing can potentially transform the
restaurant into a nightclub, and due to the close proximity to a residential
neighborhood, would result in a land use that is incompatible with the residential
character of the neighborhood.
• Although the applicant states that he has rights to use the off -site parking spaces
during weekends, insufficient evidence has been provided to confirm that parking
will be available during the requested lunch service and there is no certainty that
those parking spaces will remain available for the restaurant's exclusive use.
1,�
Planning Commission Resolution No. 1790
Paqe 3 of 3
2. Pursuant to Section 20.66.080 of the Zoning Code, off - street parking on a separate lot
from the project site requires the approval of an off -site parking agreement. The Planning
Commission finds it cannot make the findings required to approve Off -Site Parking
Agreement No. 2009 -003. A majority of the 20,300 - square -foot commercial building
located at 2865 East Coast Highway is currently vacant. Sufficient evidence has not
been provided illustrating that the off -site parking lot will remain permanently available
for use by the restaurant during the weekend lunch hours and uncertainty exists
pertaining to the type of use that will occupy the remaining vacant space within the
commercial building.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies the amendment
to Use Permit No. 1566 and Off -Site Parking Agreement No. OF 2009 -003.
2. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk in accordance .
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF SEPTEMBER, 2009.
AYES: Eaton, Unsworth, Peotter, Hawkins, Toerge and Hillgren
NOES: None
ABSTAIN: None
ABSENT: McDaniel
BY:
(l k
'tko'Wrt ajwkins, Chairman
BY:
Charles Unsworth, Secretary
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Attachment No. CC 3
08/20/09 Planning Commission
Staff Report
;
P, a.
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 20, 2009
Agenda Item 3
SUBJECT: Port Restaurant & Bar
440 Heliotrope Avenue - PA2009 -080
Amendment to Use Permit No. 1566
Off -Site Parking Agreement No. OP2009 -003
APPLICANT: Ali H. Zadeh
PLANNER: Jaime Murillo, Associate Planner
(949) 644 -3209, imurilloC&newportbeachca.gov
PROJECT SUMMARY
An amendment to Use Permit No. 1566 to allow the following changes in the operational
characteristics of the existing restaurant: 1) Expand the existing hours of operation (5:30
p.m. to 12:00 a.m.) by extending the closing time to 1:00 a.m. daily, and providing lunch
service on weekends; and 2) Introduction of live entertainment and dancing. The
application also includes an off -site parking agreement to allow the continued use of 40
off -site parking spaces on property located at 2865 East Coast Highway for the
requested hours of operation.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt resolution denying an amendment to Use Permit No. 1566 and denying Off -
Site Parking Agreement No. OP 2009 -003. (Attachment No. PC 1)
AD
Former
Off -Site
Parking Lot
Proposed
Off -Site
Parking Lot
GENERALF
4
3
VICINITY MAP
4
L3.
tJ
Port Restaurant & Bar
August 20, 2009
Page 2
Subject
Restaurant
ON- SITE
"" "" CC "" ......
RSC
Restaurant
NORTH
CC
Two - Family Residential
Proposed off -site parking lot and
R -2
offices
SOUTH
CC
RSC
Offices
EAST
CC
RSC
Port Theater and commercial
F: \USERS \PLN\Shared\PA's \PAs - 2009 \PA2009-080 \PA2009 -080 PC rpLdocx
Port Restaurant & Bar
August 20, 2009
Page 3
INTRODUCTION
Project Setting
The subject restaurant is located on the eastern side of Heliotrope Avenue,
approximately 150 feet south of East Coast Highway in Corona del Mar. To the north,
across Heliotrope Avenue, is a three -story office building and related off - street parking;
to the east are the Port Theater, a "retail boutique, hair salon, and one residential
apartment; to the south is a two -story office building; and to the west, across Heliotrope
Avenue, are two -unit dwellings.
The off -site parking lot proposed for use by the applicant is located directly across
Heliotrope -Avenue at the intersection of Second Avenue and serves as the off - street
parking for the three -story commercial building.
Background
On November 18, 1971, the Planning Commission originally approved Use Permit No.
1566 authorizing the sale of alcoholic beverages in conjunction with the existing
restaurant.
On March 17, 1977, the Planning Commission approved an amendment to the Use
Permit authorizing an expansion of the restaurant and the use of 40 off -site parking
spaces to satisfy the restaurant's parking requirements.
In 2003, staff approved a change in the location of the off -site parking from the original
location at 504 -510 Goldenrod Avenue to the current location at 2865 East Coast
Highway.
On December 20, 2003, an accessory outdoor dining permit was approved authorizing
the addition of an outdoor patio seating area in front of the resturant facing Heliotrope
Avenue.
On October 27, 2008, the Code and Water Quality Enforcement Department sent the
applicant a notice of violation advising him of various violations of Use Permit No. 1566,
including providing live entertainment and operating after the 12:00 a.m. closing time
set by the conditions of approval.
A detailed project background is provided as Attachment No. PC 2.
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Port Restaurant & Bar
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Page 4
Proiect Description
The applicant is requesting an amendment to Use Permit No. 1566 to allow the
following changes in the operational characteristics of the existing restaurant:
1) Change in Hours Of Operation
The current permitted hours of operation for the restaurant are between 5:30
p.m, and 12:00 a.m., daily. Food service currently terminates at 11:00 p.m. to
accommodate the 12:00 a.m. closing time. The applicant is requesting to extend
the closing time of the restaurant to 1:00 a.m. to accommodate later food service
for guests and to allow guests additional time to exit the premises so they are not
rushed out at once. The applicant is also requesting lunch service on weekend
afternoons. The proposed hours of operation would be from 11 :00 a.m. to 1:00
a.m. on Saturdays and Sundays, and 5:30 p.m. to 1:00 a.m. Mondays through
Fridays.
2) Live Entertainment and Dancing
The applicant proposes to provide live entertainment and dancing. As illustrated
on the project plans (Attachment No. PC 3), when live entertainment and dancing
are provided; Dining Room B will be reconfigured to accommodate a stage and
dance floor. The type of live entertainment may vary from live bands to a Disc
Jockey (DJ). The applicant proposes to install acoustical tiles to the interior walls
and ceilings of Dining Room B to help attenuate the additional noise. To provide
further noise attenuation, the applicant is proposing to add a full height door to
the entry archway at the front outdoor patio.
3) Restaurant Remodel
The applicant proposes to remodel the first floor of the restaurant to improve
internal circulation and reduce overcrowding in the bar area. The existing floor
plan compartmentalizes the restaurant into four separate areas (Dining Rooms,
Outdoor Atrium, Bar, and Outdoor Patio Area). This compartmentalization of the
restaurant has led to overcrowding later in the evening, when patron occupancy
concentrates in the bar area. The applicant proposes opening up the floor plan
by removing walls, windows, and doors separating the outdoor atrium from the
interior dining rooms and bar area and replacing them with new bi- folding doors.
This will allow the flexibility of using the premises as one large space instead of
three distinct areas. In addition, the applicant proposes to provide additional floor
area for the bar and improve access to emergency exits by decreasing the size
of a men's restroom located adjacent to the bar area.
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Port Restaurant & Bar
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The total net public area' of the restaurant after the proposed floor plan changes
will be 1,355 square feet.
4) Off -Site Parking
As discussed in the Background section of this report, the restaurant currently
utilizes 40 parking spaces within the privately -owned parking lot located directly
across the street at 2865 East Coast Highway. An existing off - street parking
agreement allows the restaurant to satisfy its off - street parking requirements on
that lot between the hours of 5:30 p.m. and 12 :00 a.m. only. The applicant is
requesting the approval of a new agreement to utilize the parking spaces during
the proposed extended hours of operation.
5) Security
To address noise generated from patrons leaving the restaurant in late evening,
the applicant proposes to provide security attendants in the off -site parking lot on
Thursday, Friday, and Saturday evenings. The applicant asserts that this will
ensure that patrons leave the premises quietly, do not loiter in the parking lot,
and do not litter.
DISCUSSION
Analysis
Noise
The applicant hired JEC, an electrical contractor specializing in audio engineering, to
prepare a noise study to determine whether live entertainment can be provided within
the restaurant in compliance with the City's Community Noise Control Ordinance. Per
Section 10.26.025 (Exterior Noise Standards).of the Municipal Code (Attachment No.
PC 8), the allowable exterior noise level for residential uses is 55 dBA between the
hours of 7:00 a.m. to 10:00 p.m. After 10:00 p.m., the allowable noise level for
residential uses is reduced to 50 dBA. In the event the ambient noise level exceeds the
maximum permitted noise standard, then the ambient shall be established as the
maximum noise standard.
Sound tests were performed on June 10, 2009, using a band and a disc - jockey (DJ)..
Measurements were taken with the band performing within Dining Room B and with a
'Net Public Area (NPA): The Zoning Code defines net public area as the total area used to serve
customers, including, but not limited to, customer sales and display areas, customer seating areas,
service counters, and service queue and waiting areas, but excluding restrooms and offices, kitchens,
storage and utility areas, and similar areas used by the employees of the establishment.
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DJ playing music at levels of 90 -105 decibels (dBA) within the bar area. Sound
measurements were taken from the property lines of the four nearest residences, with
the front doors and windows of the restaurant both closed and open; in both scenarios,
the doors and windows separating the outdoor atrium from the dining room and bar area
were left open.
The JEC noise study (Attachment No. PC 9) concludes that noise levels observed for
both the live band and recorded DJ music did not exceed the allowable exterior noise
levels for the adjacent residential uses. Newport Beach Police Detectives Dave Stark
and Bryan Moore were on -site during the sound tests to observe the testing and to
conduct additional sound measurements. Detectives Stark and Moore used a handheld
sound level meter to take several measurements in and around the business area. Their
measurements were similar to those of the JEC tests and found that the sound
measurements did not exceed the maximum allowable exterior noise levels of the City's
Community Noise Control Ordinance. However, the sound tests do not account for
noise sources that can be perceived as annoying by adjacent residences, such as noise
from patrons inside the restaurant (i.e. talking and laughing), patrons leaving the
restaurant (i.e. car alarms and doors slamming), or patrons loitering in the parking lot.
Newport Beach Police Department Concerns
The Newport Beach Police Department provided staff with a memorandum expressing
significant concerns with the applicant's request (Attachment No. PC 10). The Police
Department is concerned that the proposed live entertainment, dancing, and extended
hours of operation will transform the restaurant into a nightclub. The memorandum
states that the Police Department has already spent a considerable amount of time
addressing complaints with regard to noise and activity at the location, and due to the
restaurant's close proximity to nearby residents, they believe that the proposed changes
will only contribute to an increase in the noise and police activity. In the past year, the
Police Department has received approximately 20 calls for service for loud music. They
also express concerns that in addition to noise generated from the live entertainment,
extending the evening hours of operation will result in increased noise complaints due to
increased vehicular traffic in the area, patrons talking outside while waiting for cabs or
walking to their vehicles, and other disturbances associated with alcoholic beverage
consumption.
The Police Department memorandum also includes an outline of all Police Department
actions related to the property, since they were first made aware that the restaurant was
operating in violation of their Use Permit. Violations have included providing live
entertainment, exceeding the permitted hours of operation, blocking aisles and
overcrowding.
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Port Restaurant & Bar
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Code and Water Quality Enforcement Department Concerns
The Code and .Water Quality Enforcement Department also provided staff with a
memorandum expressing concerns similar to those of the Police Department
(Attachment No. PC 11). The memorandum states that the addition of live entertainment
and dancing transforms the restaurant into a nightclub. Due to the close proximity to a
residential neighborhood, this would impact the residential character of the
neighborhood and result in increased complaints. Code -Enforcement has already
received numerous complaints regarding loud noise generated from the restaurant and
from patrons walking to their vehicles or loitering near the establishment. The
memorandum also includes an outline of the various violations and Code Enforcement
actions that have occurred since the initial notice of violation was sent in October of
2008.
Parking Requirements
Pursuant to Section 20.66.070 of the Zoning Code, off - street parking requirements for
restaurants may range between ratios of 1 space per 30 to 1 space per 50 square feet
of net public area (NPA) depending on the physical design, operational characteristics,
and location of the restaurant. Use Permit No. 1566 (amended) established a parking
ratio of 1 space per 40 square feet of NPA, although no specific considerations were
cited. Based on the NPA of 1,600 square feet proposed at the time, a total of 40 parking
spaces -were required.
Typically, with the introduction of live entertainment and dancing, staff recommends a
parking ratio of 1 space per 30 square feet of NPA due to an anticipated increase in
occupancy; however, based on the following considerations, staff believes a parking
ratio of 1 space per 35 square feet of NPA is appropriate for the following reasons:
• The floor area dedicated to dancing and live entertainment is 216 square feet, or
16- percent of the total NPA;
• The remaining table and seating configuration will remain unchanged when live
entertainment and dancing occurs;
• The location of the restaurant within the Corona del Mar village affords the
opportunity for significant walk -in trade;
• A recent parking study (December 18, 2008) of the area performed for the City
by Walker Parking Consultants indicated that on- street parking within the vicinity
of the restaurant is not significantly impacted throughout the day. Field surveys
were performed on May 15, 2008 and May 17, 2008, three times each day in order
to observe the typical morning, afternoon and evening hours for peak parking demand.
The study showed that parking along Heliotrope Avenue ranged from <50 to 69-
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percent occupied during the weekday peak hour of 7:00 p.m., and from <50 to
79- percent occupied during the weekend peak hour of 10:00 a.m.
Since the Use Permit was last amended in 1977, the restaurant has undergone a
number of remodels with each change in ownership. With the proposed remodel, the
NPA will be reduced to 1,355 square feet, 245 square feet less than what was approved
with the 1977 amendment. Using the recommended parking ratio of 1 space per 35
square feet, a total of 39 parking spaces would be required (1355(35= 38.7).
Off -Site Parking
Pursuant to Section 20.66.080 of the Zoning Code, off - street parking on a separate lot
from the project site may be approved if the Planning Commission can make the three
required findings below. Staff believes facts exist in support of the first two findings;
however, staff does not believe sufficient facts exist in support of the third finding:
1. Finding: Such lot is so located as to be useful in connection with the proposed
use or uses on the site or sites.
Facts in Support of Finding: The subject off -site parking lot is located at 2865
East Coast Highway, directly across the street from the subject restaurant facility.
The parking lot consists of a total of 40 parking spaces, which is sufficient to
accommodate the recommended parking requirement of 39 parking spaces. The
off -site parking lot is located a walking distance of approximately 50 feet away
from the subject facility. Therefore, staff believes the parking lot location can be
found useful in connection with the proposed use.
2. Finding: Parking on such lot will not create undue traffic hazards in the
surrounding area.
Facts in Support of Finding: Since at least 2003, the existing restaurant has
used the subject off -site parking lot to satisfy its parking requirements and has
not created an undue traffic hazard in the surrounding area to date. Heliotrope
Avenue is not a heavily traveled street and vehicular traffic is not anticipated to
create a hazard for patrons crossing the street. Accessibility and path of travel
from the parking lot to the restaurant were previously reviewed and approved by
the City in conjunction with the most recent tenant improvement plans for Svelte
(prior name of restaurant) in 2003. Therefore, staff does not believe the use of
the parking lot will create an undue traffic hazard in the surrounding area.
3. Finding: Parking is permanently available, marked, and maintained for the use it
is intended to serve.
Facts Not in Support of Finding: The applicant has submitted a one -year lease
for the use of 40 parking spaces, which expires on June 30, 2010, after which
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time the lease is set at a month -to -month tenancy (Attachment No. PC 12). The
lease does not specifically state the hours for which the parking spaces are
granted; however, the applicant states, and the property manager has confirmed,
that he has rights to the parking spaces after 5:30 p.m. daily, with the exception
of weekends when he has rights all day.
It is important to note that a majority of the 20,300- square -foot commercial
building at 2865 East Coast Highway is currently vacant. There are number of
remaining general office uses remaining within the building. According to the
property manager of the building, the remaining office uses within the building
maintain regular office business hours of between 8:00 a.m. to 5:00 p.m. A
Curves health and fitness facility was recently approved, which occupies 1,020
square feet of floor area. The hours of operation for Curves were conditioned
between the hours of 7:00 a.m. to 9:00 p.m. daily and required a total of four
parking spaces.
Given the nature and design of the building, staff believes general office type
uses will continue to be the predominate use of the building and parking will
remain available for use by the proposed restaurant in the evening hours.
However, there is the possibility that a retail use could occupy a portion of the
vacant space that would require parking after the typical 5:00 p.m. closing time of
the general office uses. Furthermore, the applicant has not provided sufficient
evidence that use of the parking will remain permanently available during the
requested weekend lunch hours once the remaining vacant space is leased.
Therefore, staff does not believe sufficient facts exist to support this finding and
recommends denial of the off -site parking agreement for the expanded hours of
operation during the requested weekend lunch hours.
General Use Permit Findings
Pursuant to Section 20.82.060 of the Zoning Code, the proposed expansion in hours of
operation and introduction of live entertainment and dancing are considered major
changes in operational characteristics requiring an amendment to the Use Permit.
Pursuant to Section 20.91.035 of the Zoning Code, the Planning Commission shall
approve an application for an amendment to a use permit if the three required findings
below can be made. Staff believes facts exist in support of the first and third findings;
however, staff does not believe sufficient facts exist in support of the second finding:
1. Finding: That the proposed location of the use is in accord with the objectives of
this code and the purposes of the district in which the site is located.
Facts in Support of Finding: The site is located in the Retail and Service
Commercial (RSC) District: This district is intended to provide areas which are
predominantly retail in character, but also allows service and office uses. The
existing restaurant is consistent with the RSC District.
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Port Restaurant & Bar
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2. Finding: That the proposed location of the use permit and the proposed
conditions under which it would be operated or maintained will be consistent with
the General Plan and the purpose of the district in which the site is located; will
not be detrimental to the public health, safety, peace, morals, comfort; or welfare
of persons residing or working in or adjacent to the neighborhood of such use;
and will not be detrimental to the properties or improvements in the vicinity or to
the general welfare of the city.
Facts Not in Support of Finding: The restaurant with live entertainment and
dancing is consistent with the Corridor Commercial (CC) land use designation of
the General Plan; however, given the location of the restaurant in close proximity
to numerous residential units and Two -Unit Residential (RT) land use district,
staff believes the operation of the restaurant, as proposed, will be detrimental to
the public health, safety, peace, morals, comfort, or welfare of persons residing
or working in the neighborhood of the restaurant, for the following reasons:
• Although the JEC noise study indicates that live entertainment can be
performed within the restaurant in compliance with the City's Community
Noise Control Ordinance, the applicant's proposed remodel of the restaurant
will significantly open up the dining rooms and bar area to the outdoor atrium
patio, which may result in decreased sound attenuation and increased noise
generation from the restaurant when live entertainment is performed.
• Although the JEC noise study provides an indication of the expected noise
levels when live entertainment is provided, the sound tests were performed
when the restaurant was relatively unoccupied and do not account for noise
levels when the restaurant is operating at capacity. Also, the sound tests do
not account for noise sources that can be perceived as annoying by adjacent
residences, such as noise from patrons inside the restaurant (i.e. talking and
laughing), patrons leaving the restaurant (i.e. car alarms and doors
slamming), or patrons loitering in the parking lot.
• As indicated in the memorandums provided from the Code and Water Quality
Enforcement Department and the Police Department, complaints have been
received from residents in the past regarding the noise generated from the
restaurant and from patrons walking to their cars and loitering in the parking
lot; the addition of live entertainment and extending the hours of operation for
an additional hour is expected to result in increased noise disturbances to the
adjacent residences and neighborhood.
• The introduction of live entertainment and dancing can potentially transform
the restaurant into a nightclub, and due to the close proximity to a residential
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Port Restaurant & Bar
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neighborhood, would result in a land use that is incompatible with the
residential character of the neighborhood.
• Although the applicant states that he has rights to use the off -site parking
spaces during weekends, insufficient evidence has been provided to confirm
that parking will be available during the requested lunch service and there is
no certainty that those parking spaces will remain available for the
restaurant's exclusive use.
3. Finding: That the proposed use will comply with the provisions of r this code,
including any specific condition required for the proposed use in the district in
which it would be located.
Facts in Support of Finding:
• The existing restaurant is consistent with the legislative intent of Chapter 20.15
(Commercial Districts) of the Zoning Code. Section 20.15.020 requires approval
of a use permit for restaurants in the RSC District. The current restaurant
operates pursuant to Use Permit No. 1566.
• The proposed live entertainment and dancing is considered an ancillary use to
the existing restaurant. The Zoning Code does not require any specific
conditions pertaining to the operation of live entertainment and dancing.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt
under the requirements of the California Environmental Quality Act (CEQA) under Class 1
(Existing Facilities).
Public Notice
Notice of this review was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Summary
Sufficient evidence has not been provided illustrating that the off -site parking lot will
remain permanently available during the weekend lunch hours and uncertainty exists
pertaining to the type of use that will occupy the remaining vacant space within the
building; therefore, staff does not believe sufficient facts exist to support the off -site
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parking agreement for the expanded hours of operation during the requested weekend
lunch hours.
Also, staff does not believe sufficient facts exist to support the required findings needed
to approve the requested Use Permit amendment for the introduction of live
entertainment, dancing, and expanded hours of operation. Should the Planning
Commission deny the applicant's request, the restaurant will continue to operate under
the existing conditions of approval of Use Permit No. 1566, as amended in 1977. The
City has found the use of the subject off -site parking lot in conformance with the existing
off -site parking agreement with the City and acceptable for use during the evening
hours only.
Alternatives
1. If the Planning Commission concludes that there are sufficient facts to support
findings for approval for any portion of the proposed Use Permit amendment, the
Planning Commission shall state said facts, continue the public hearing to the
next scheduled meeting, and direct staff to prepare a resolution for approval, with
findings and conditions.
2. If the Planning Commission concludes that there are sufficient facts to support
findings for approval for the proposed off -site parking agreement, the Planning
Commission shall state said facts, continue the public hearing to the next
scheduled meeting, and direct staff to prepare a resolution for approval, with
findings and conditions.
Prepared by: Submitted by
aime Murillo, Associate Planner
ATTACHMENTS
//L I -
�� � ,raft R 1 1' a rl C'r r1'n�c fnr hani I
PC 2 Detailed_ Project Background
PC 3 Use Permit No. 1566 Minutes, Findings, and Conditions (3117177)
PC 4 Existing Off -Site Parking Agreement
PC 5 Outdoor Dining Permit No. 2003 -002
PC 6 Notice of Violation
PC 8 City's Exterior Noise Standards
PC 9 JEC Sound Test
PC 10 Police Department Memorandum
PC 11 Code and Water Quality Enforcement Memorandum
PC 12 Off -Site Parking Lease
PC 13 Correspondence Received
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iJ i
Attachmc No. PC 1
Draft resolution findinos for denial
3,5
3�
Attachment No. PC 2
Detailed Project Background
�I
Detailed Proiect Background
Use Permit No. 1566
The existing restaurant operates under Use Permit No. 1566, which was originally
approved by the Planning Commission on November 18, 1971, and authorized the sale
of alcoholic beverages in conjunction with an existing restaurant formally known as
Pirate's Inn. On March 17, 1977, the Use Permit was amended to allow the expansion
of the restaurant with additions of a new dining room, a secondary entryway, and a
storage room, expansion of the kitchen and outdoor atrium, and the installation of new
restroom facilities. The March 17, 1977, Planning Commission minutes (including
findings and conditions) are included as Attachment No. PC 3.
Since the original building was constructed at a time when there were no parking
requirements for the use, required parking for the entire restaurant (approximately 1,600
square feet at the time) was approved in an off -site parking lot located at 504 -510
Goldenrod Avenue (northeast corner of Goldenrod Avenue and Second Avenue).
Parking was required to be provided at a ratio of one space per 40 square feet of net
public area, for a total of 40 parking spaces. The parking spaces were utilized by the
commercial uses at 2831 and 2855 East Coast Highway during day; therefore, the
restaurant was conditioned to operate between the hours of 5:30 p.m. to 12:00 a.m., so
as to not conflict with the main use of the lot during normal business hours. The
executed off -site parking agreement with the City is attached as Attachment No. PC 4.
Change in Off -Site Parking Locations
Condition No. 4 of Use Permit No. 1566 authorized the restaurant to satisfy its parking
requirements through the use of 40 off -site parking spaces in the parking lot located at
504 -510 Goldenrod Avenue, or at another approved location should the restaurant lose
access to those spaces. Section 2 of the off -site parking agreement also authorizes the
use of an alternative parking location satisfactory to and approved by the City. In staffs
research, the earliest records of the restaurant utilizing the parking spaces in the 2865
East Coast Highway parking lot appear in the tenant improvement plans for the
restaurant in 2003, when the restaurant was operated under the name "Svelte." These
tenant improvement plans included upgrading the parking lot with two handicapped
accessible parking spaces and providing a clear path of travel to the restaurant. With
the approval of the tenant improvements plano:. for Svelte, the City found the subject
parking lot satisfactory for the use of the subjedrestaurant and in conformance with the
Use Permit. To date, the subject restaurant continues to lease the 40 parking spaces in
said lot.
Outdoor Dining Permit No. 2003 -002
On December 20, 2003, an accessory outdoor dining permit was approved authorizing
the addition of an outdoor patio seating area in front of the resturant facing Heliotrope
Avenue. The outdoor dining area was limited to 250 square feet and a maximum of 18
�Im
L —
seats. Use of the accessory outdoor patio area was also limited to the hours between 5:30
p.m. to 10:00 p.m. Outdoor Dining Permit No. 2003 -002 is attached as Attachment No. PC
5, including findings and conditions of approval. The applicant is not proposing any
changes to the configuration or use of the accessory outdoor dining area.
Violations of Use Permit No. 1566
In October of 2008, the City became aware of various violations of Use Permit No.
1566, including providing live entertainment and exceeding the permitted hours of
operation. On October 27, 2008, the Code and Water Quality Enforcement Department
sent the applicant a notice of violation advising him of the violations and to discontinue
with the non - permitted activities (Attachment No. PC 6). As discussed in the
Department Concerns section of this report, memorandums provided by both the Code
and Water Quality Department and the Police Department state that subsequent to the
initial notice of violation, complaints have been received from residents regarding loud
music and people leaving the restaurant at 1:30 a.m., resulting in Police Department
investigations and further confirmation of Code and Use Permit violations. The
applicant submitted the subject Use Permit amendment application in June 2009 and
has since operated in compliance with the conditions of approval.
Attachment No. PC 3
Use Permit No. 1566 minutes, findings,
and conditions (3117/77)
V
,4 ;-
1
COMMISSIONERS
ty'of
A.
0.
;F
March 17.
Newport Beach
1977
MINUTE
R [7Ll C
INCH
Larry Sommers, Emkay Development Company, appeared
efore the Commission in connection with the
a me. ent and had no objection to the continuance.
Roman K "allme Architect, 1201 Dove Street, advise
he had no object to the continuance and.felt
that it may be to the' -r--advantage under the
circumstances.
lotion
X
Following discussion, motion was mad that
Oyes
X
X
X
X
X
X
Amendment No. 490 and Use Permit No. 1 (Amended)
4bsent
X
be continued to the meeting of April 7, 19
Commissioner Seely declared himself to be in
conflict of interest on the following item and
therefore stepped down from the dais and refrained
from deliberation in connection therewith.
Item #6
Request to permit the expansion of the Pirates
USE PER
Inn restaurant facility in the C -1 District, and
NO 6
the acceptance of an.offsite parking agreement for
AMENOE
the required parking spaces.
APPROVE
Location: Parcel I of Parcel Map 57 -20
CON DI
No. 412) located at
TIO LL
440 Heliotrope Avenue,-on the south-
easterly side of Heliotrope Avenue,
between East Coast Highway and-
First Avenue -in Corona del Mar.
Zone: C -1
Applicant: John E. Soukeras, Corona del Mar
Owner: Same as Applicant
Staff distributed a letter received from Donald
G. Clark in support of the request and answered
questions of the Commission relative to the off -
site parking lot and required agreement.
Public hearing was opened in connection with this
matter.
John Soukeras, 440 Heliotrope Avenue, Corona del
�wf;fwMISSIONERS
vQ y n0 sP 1F yG 7P0. City of Newport Beach MINUTE
°s March 17, 1977
OLL CALL
..
Mar, applicant, appeared before the Commission.
and commented on his desire to upgrade the
,restaurant and provide a waiting area for custor
'
ers. He also commented on the condition to pro-
vide valet. parking and felt it would eliminate
several on- street,parking spaces and cause
congestion in.front of the restaurant. He wouli
prefer to post a sign advising of the parking
location and advised he has had no parking prob'
in the past and did not anticipate any in the
future. Mr. Soukeras answered questions of the
Commission relative to the proposed expansion ai
his ability to obtain a three -year lease for th
off -site parking lot.
Donald G. Clark, 411 Heliotrope, Corona del Mar
appeared.before the Commission in support of th
request and felt that the restaurant was an ass
to the community.
There being no others desiring to appear and be
heard, the public hearing was closed.
+lotion
X
Motion was made that Planning Commission make t
Oyes
X
X
X
X
X
following findings:
%bsent
X,
X
1. That the proposed use is consistent with the
Land Use Element of the General Plan and is
compatible with surrounding land uses.
2. The project will not have any significant
environmental impact.
3. The Police Department has indicated that the
do not contemplate any problems.
4. The proposed parking spaces for the expanded
restaurant use on a separate lot from the
building site are justifiable for the foljo%%
ing rearons:
a. The subject parking lot is located only
200 feet from the restaurant site.
b. Parking on the off -site parking lot will
not create undue traffic hazards in the
surrounding area.
C. The applicant can provide a long term .
agreement for the use of the subject paw
i.ng.lot during the evening hours of the
Mot
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lem
id
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he
M',
,k- 1 J
ICOI MISSIONERS
$< ofs��1 A-41 �F City Of Newport Beach. MINUTE:
t March 17. 1977
ROLL CALL
week when the restaurant will be in
operation.
5. The approval of Use Permit No. 1566 (Amender
will not, under the circumstances of this c.;
be detrimental to the health, safety, peace,
morals, comfort and general welfare of persc
residing and working in the neighborhood or
be detrimental or injurious to property and
improvements in the neighborhood or the
general welfare of the City.
and approve Use Permit No. 1566(Amended) subject
to the following conditions:
1. That development shall be in substantial
conformance with the approved plot plan,
floor plans, and elevations.
2. That all mechanical equipment and trash are
shall be screened from adjoining properties
and from adjoining streets..
3. That an off -site parking agreement shall be
approved by the City Council, guaranteeing
that a minimum of 40 parking spaces shall bi
maintained at the easterly corner of Second
Avenue and Goldenrod Avenue for at least
three years. If the applicant loses the us
of the subject parking spaces at a later da
and cannot obtain the required number of pa
ing spaces at another approved location, th
net public area of the restaurant facility
shall be reduced so as not to exceed the ne
public area that currently exists on the s.i
4. That the hours of the operation of the rest
rant facility shall be limited from 5:30 P.
to 12:00 Midnight, daily, unless an offsite
parking agreement is approved for,parki.ng
spaces during daytime hours.
5. That a sign be posted on the front of the
premises indicating the location of the off
site parking lot, said sign to be approved
by the Department of Community.Develo.pment..
6. The approval for the sale of alcoholic
beverages in the expanded restaurant shall
be for a three year period from the.effecti
date of this action, and any request for
Mrse7
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4, , , .
City of
Newport Beach
March 17, 1977
MINUTE
40L.L CALL.,
IN13e
extension shall be acted upon by the Modifi-
cations Committee. The extension of the
original Use Permit No. 1566 is hereby
terminated.
Commissioner Hummel advised that as a local
resident, he had no objection to the restaurant
because of its quiet low-key nature, however, he
voiced concern with parking in the area and felt
that valet parking would be detrimental and cause
more congestion.
Commissioner Seely returned to the dais.
#;
-Item
Request to permit the construction of second
USE PEI
fl0. 181
floor room additions so as to expand The Surfer
take-out restaurant facility in the C-1 District.
Further request to waive all of the required
DENIED
...parking spaces in conjunction with the proposed
development.
L o c a tAjo n - A portion of Lot 1, Block 22,
Newport Beach, located at 2200 West
L 'w
Ocean Front, an the northerly cornev
of West Ocean Front and 22nd Street
n McFadden Place.
Zone: C-11
Applicant: Franc'isrsini, Costa Mesa
Owner: Same as Applicant
Public hearing was opened in nnection with
nne c t 'o n w
this matter.
.Fran Ursini, IB03 Hummingbird, Costa esa,
applicant, appeared before the Commiss' . I n and
advised that the restaurant has not been sed to
its full t t a Ilow ab
potential with respect to allowa -
t
occupancy load and rath , er than just adding t 1 es,
he would like to remodel the second floor. He
h are
concurred there was a parking problem in the are
but felt it would exist regardless of the
Attachment No. PC 4
Existing Off -Site Parking Agreement
(7/8!77)
�i__ �,
_RECORDING REQUE, 'D BY AND 13994 8K12284 ?6 375
L -; .
WHEN RECORDED R'.RN TO: _
Er �'i� I RECORDED IN OFFICIAL RECORDS
` - -3100 Clerk C2 OF ORANGE COUNTY, CALIFORNIA
3300 Newport Boulevard
Newport Beach, California 8:05 AM. JUL 111977
1. WYUE CAR= County Recorder
Space Above This Line for Recorder's Use Only
OFF -SITE PARKING AGREEMENT
(John E. Soukeras - 440 Heliotrope Avenue, Corona del Mar)
T41 S AGREEMENT is made and entered into this
day of �, 1977 between the CITY OF NEWPORT BEACH,
a munici al corporation, hereinafter referred to as "City ",
and JOHN E. SOUKERAS, hereinafter referred to as "Owner".
W I T N E S S E T H:
WHEREAS, John,E. Soukeras is the owner of that certain..
real property located in the City of Newport Beach, County of
Orange, State of California, and more particularly described
V-�
Parcel 1 of a certain parcel map filed in Book
57, Page 20 of Parcel Maps, County of Orange,
California, being a division of portions of Lots
1 and 2 and a portion of a vacated alley of
Block G, Tract 323, as shown on a map recorded
in Book 14, Pages 40 and 41 of Miscellaneous
Maps, Records of Orange County, California
hereinafter referred to as Parcel "A "_
WHEREAS, Owner proposes to expand the existing restaurant
business located on the above described property, known as
"The Pirates Inn ", 440 Heliotrope Avenue, Corona del Mar,
California,;
WHEREAS, the Newport Beach Municipal Code requires a
total of forty (40) parking spaces for off- street automobile
parking for the use of its employees and business invitees.
WHEREAS, Owner has entered into an agreement with
CDM Properties, Inc. for the use of a parking lot at the south-
�r�G�.fq
q6 C/&, a
BA 12264P6 376
east corner of 2nd Avenue and Goldenrod Avenue, Corona del
Mar, California to be utilized from the hours between 5 :30 P.A.
to 12:00 P.M. on any day, a copy of which agreement is attached
hereto marked Exhibit "A ".
WHEREAS, the Planning Commission of the City of
Newport Beach at its meeting of March 17, 1977 considered the
off -site parking agreement in conjunction with consideration
Of amended Use Permit No. 1566 by Owner to expand the existing
restaurant facility and recommended approval of the off- street
parking agreement to the City Council of the City of Newport
Beach.
WHEREAS, the City Council at its meeting of May 9,
1977 considered the provisions of Section 20.30.035D of the
Newport Beach Municipal Code and determined that the off- street
parking agreement should be approved.
NOW, THEREFORE, in consideration of the foregoing, .
IT IS AGREED by and between the parties hereto as follows:.
1. For so long as the building located on Parcel "A"
is used as a restaurant facility, Owner will lease from CDM
'Properties, Ltd. not less than forty (40) off - street automobile
parking spaces on the property at the southeast corner of grid
Avenue and Goldenrod Avenue, Corona del Mar, California. Owner
will provide the Director of Community Development of the City
of Newport Beach a new or amended parking agreement ninety
(90) days prior to the expiration of the parking agreement
presently existing.
2. In the event the use of the forty (40) off- street
automobile parking spaces as referred to in Paragraph 1 above
should be terminated and lost to Owner for any reason, Owner
will immediately thereafter obtain additional off- street parking
spaces satisfactory to and to be approved by the City. If
the substitute parking spaces are not obtained, owner will -
5�
BK 12284FE 3T7
reduce the capacity of said restaurant to a level equal to
the level of occupancy in existence at the time of approving
of Use Permit No. 1566, or if some, but not all required park-
ing can be provided, reduce the level of occupancy so as to
reduce the parking requirements of said structure to a level
consistent with off - street parking available to Owner as
required by the City of Newport Beach's parking standards then
in effect.
3. This Agreement shall run with the property described
as Parcel "A" and shall bind the heirs, successors in interest
and assigns of the parties hereto and it shall be recorded in
the office of the County Recorder of the County of Orange, State
of California.
IN WITNESS WHEREOF, the parties hereto have executed .
this Agreement on the day and year first above written. '
CITY OF NEWPORT BEACH, A
Municipal `7Corporation
By �^--+
Mayor
ATTEST, ^
.. Olty Clerk
1.
JOH6 S UXERA ,
STATE Ve UALlt<: lA)
) s5: BIf 12284K 378
COUNTY OF ORANGE J
On 1977,'bcfore me, the under- .
signed, a Notary P li In and for said State, personally appeared
Milan Dostal known to me to be the
Mayor and , known to me to be the
city Clerk of the Municipal Corporation that executed the within -
Instrument, known to me to be the persons who executed the within
Instrument on behalf of the Municipal Corporation therein named,
and acknowledged to we that such Municipal Corporation executed the
within Instrument pursuant to a resolution of its City Council.
WITNESS_my hand and official seal.
♦ C (IC10.1, SE!l ♦ 0 /`f}LL /,'tA: LY // [4`
' Notary.Publz n and for said tate
e,._.4.F�t DO,.''..�TiiY LyPi \:EN � e-
iY 19II1 ♦
N Commission E.oile Fn G. s 9.
..,.. >esRA�raeaF"CALT4°BhYv�i;)
COUNTY OF ORANGE
On ' , 1977, before me, the under-
signed, a Notary Public in and for said State, personally appeared
, known to me to be the
President and . , known to me to be the
Secretary of the corporation-that executed the within
Instrument, known to me to be the persons who, executed the within'
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
Instrument pursuant to its by -laws or a resolution of its board of
directors. -
WITNESS my hand and official seal.
Notary Public in and for -said State
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) -
On 1977, before me, the undersigned,
a )Votary Pub lc an for said state, personally appeared
... U air whose nam is subscribed to the within
I trument and acknowledged that executed the same._
♦���� ♦ ♦ ♦ ♦ ♦� ♦ ♦e" "'r"'±3�5
my band and official seal.
DOFr ;;IiY L. PAL'cN
CGUN I,
j.my Fb. 9, :561 Notary Pub V in and tar said State.
•r ♦f rer. ♦ »ry<Ya.i ems. 1 ♦er�r> ♦w.>
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
.On , 1977, before me; the.undersigned,
a Notary Public in and for said State, personally appeared
, whose name is subscribed to the within
Instrument and acknowledged that executed the same.
.Notary Public in and for said State
t t�
a.
i
Attachment No. PC 5
Outdoor Dining Permit No. 2003 -002
��J
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CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92656
(949) 644 -3200; FAX (949) 644.3229
December 30, 2003
Kurt Conrad
c/o: Conrad Holdings
240 Newport Center Drive, Suite 201
Newport Beach, CA 92660
�.J
Acc. Outdoor Permit No. OD2003 -002
(PA2003 -087)
Staff Person: Javier S. Garcia, 644 -3206
Appeal Period: 14 days after approval date
Application No: Accessory Outdoor Dining Permit No. OD2003 -002
(PA2003 -087)
Applicant: Kurt Conrad
Owner: Kurt Conrad, Newport Beach
Address of
Property Involved: 440 Heliotrope Avenue
Legal Description: Parcel of Resubdivision No 412
The applicant proposes to add outdoor patio seating within an area adjacent to Heliotrope
Avenue. The outdoor dining will be utilized in conjunction with an existing full - service
restaurant and will add nine tables and 18 seats (maximum) in front of the facility facing
Heliotrope Ave. The property is located in the RSC District.
Director's Action: Approved December 30, 2003
The Planning Director in approving the application, analyzed issues with regard to parking
requirements, hours of operation, noise and restrooms facilities. A detailed discussion
can be found in the attached appendix. In consideration of those aspects, the Planning
Director determined in this case that the proposal, as conditioned, would not be
detrimental to persons, property or improvements in the neighborhood and that the
accessory outdoor dining permit as approved is consistent with the legislative intent of
Title 20 of the Newport Beach Municipal Code based on the following findings:
FINDINGS
The Land. Use Element of the General Plan designates the property for 'Retail and
Service Commercial' land use; and the proposed outdoor dining is accessory to an
existing restaurant, a permitted use within that designation.
I
55
December 30, 2003
Page - 2
2. This project has been reviewed and determined to be categorically exempt from
the requirements of the California Environmental Quality Act under Class 1
(Existing Facilities).
3. The approval of this application will not, under the circumstances of this case, be
detrimental to the health, safety, peace, morals, comfort, and general welfare of
the city for the following reasons:
• Since the use is accessory to and an extension of the existing restaurant
use, it is subject to all the findings and conditions of approval of Use
Permit No. 1566 and its amendments, and not an independent use.
• The proposed outdoor dining area, as conditioned, is compatible with the
surrounding land uses, and its limited hours should prevent noise from
adversely impacting the nearby residential uses.
• The proposal does not include any noise generating activities inside or
outside of the facility (i.e., live entertainment is not authorized for the
facility) and those activities are specifically prohibited in the outdoor dining
area by this approval. This includes the relocation of the host station to
the interior of the facility.
• The operation of the proposed development will increase the outdoor
noise level in the immediate vicinity and the provision of a noise barrier is
necessary to mitigate, to the greatest extent possible, the noise impacts
on the residential uses located across the street and in the proximity.
4. The proposal is consistent with the legislative intent of Title 20 of the Newport
Beach Municipal Code for the following reasons.
• The use is accessory to and an extension of the existing food service use.
• The location of the proposed accessory outdoor dining will not reduce the
existing parking spaces.
• The remodel of a portion of the front of the property to allow for the
outdoor dining use is consistent with the intent and purpose of the code to
provide outdoor dining opportunities.
CONDITIONS:
That development shall be in substantial conformance with the approved site
plan, detail seating plan and floor plan, except as noted in the following
conditions.
2. The accessory outdoor dining shall be used in conjunction with the related
adjacent food establishment and shall be limited to a maximum of 18 seats and
250 sq. ft. (gross floor area), as proposed (not to exceed 25 percent of the indoor
net public area), unless a use permit is first approved by the Planning Commission.
The host area shown on the floor plan shall be relocated to the interior of the
restaurant.
3. The outdoor dining (tables and chairs) shall be located within a well defined fenced
area. The required fence enclosure shall be a minimum height of 9 feet and a solid
fence or glass screen wall. No tables shall be permitted outside of the fenced area
of the facility, beyond the seating area depicted on the plan or in the public right -of-
way. The specific brand, size, type and model of tabletops and seating shall be
approved by the Planning Department prior to installation. In addition, any
proposed changes to the type or model shall be approved prior to installation. The
seating adjacent to the food use facility shall be limited to the area as delineated
on the approved site plan only. The use of turf surface within the outdoor dining
December 30, 2003
Page - 3
area shall be reviewed and approved by the Building Department prior to issuance
and implementation of the outdoor dining area.
4. The outdoor dining area shall be accessed from the existing door that serves as
the main entry to the restaurant. No new exterior doors or access way shall be
allowed to serve the outdoor dining area from the interior of the existing restaurant,
unless an amendment to this outdoor dining permit and Use Permit No. 1566 is
first approved, as determined by the Planning Director.
5. The proposed firepit shall be gas- buming only, use of wood burning fireplace or pit
is prohibited.
6. Prior to implementation of the outdoor dining, a revised floor plan showing the final
configuration of the outdoor dining area (including the required noise barrier) in
relation to physical site features (the use of physical noise barrier to delineate the
area shall be specifically defined and labeled) shall be submitt d to and approved
by the Planning Department in conjunction with the building permit for the interior
alterations of the tenant space. The revised plans shall fully indicate and
dimension the distance between the existing property line and the proposed
work, including widths, lengths, and heights. The top of the proposed landscape
plantings (horsetail) atop the new planters along the back of the existing
sidewalk shall be limited to a maximum of 24 -inch above the finish surface of the
adjacent existing public sidewalk.
The daily hours of operation for the outdoor dining area are limited to between
5:30 p.m. to 9:00 p.m. This will allow for final seating of patrons at 9:00 p.m. and
clearing and closing of the outdoor dining area at 9:30 p.m. All activities within the
outdoor dining area, including cleanup activities shall cease at 10:00 p.m. Any
increase in the hours of operation requires the approval of an amendment to this
application.
8. The operator of the food service use shall be responsible for the clean up of all on-
site and off -site trash, garbage and litter generated by the use. Additionally, the
area outside of the food establishment, including the public sidewalks, shall be
maintained in a clean and orderly manner and may be subject to providing periodic
steam cleaning of the public sidewalks as required by the Public Works
Department.
9. Trash receptacles for patrons shall be conveniently located outside of the related
food service facility to serve the accessory outdoor dining area.
10. Outside paging system or any other sound system utilized in conjunction with this
outdoor dining establishment is prohibited.
11. The use of area heaters shall be approved by the Building Department and the
Fire Department prior to installation or use. The use of propane heaters and the
storage of propane containers on the premises are prohibited, unless otherwise
approved by the Fire Department.
12. Alcoholic beverage service shall be prohibited in the outdoor dining areas, until an
amendment to the existing ABC licensed area is first approved by the Police
Department and the State's Department of Alcoholic Beverage Control.
1911
i )
December 30, 2003
Page - 4
13. The Applicant shall comply with the previous Public Works Department
instructions to apply for and obtain an encroachment permit for the on -going
work within the public right -of -way. In the event that such encroachment permit
is not applied within one (1) week of Committee Review, the Public Works
Department at its discretion will issue a Stop Work violation against the work.
The two (2) proposed curb drains as designed on the submitted Plans will allow
daily polluted janitorial on -site runoff from the outdoor dinning area to enter the
public right -of -way. These curb drains shall be eliminated. The existing curb
.cores shall be reconstructed with a minimum 5 -foot section of new concrete curb
and gutter per City of Newport Beach Standard Plans. All on -site runoff
generated within the outdoor dining area shall be plumbed for discharge into the
existing on -site sanitary sewer system. City approval of such discharge system is
required.
14. The existing concrete driveway approach shall be reconstructed with new
concrete curb and gutter.per City Standard Plan No. STD- 165 -L. In lieu of the
new sidewalk shown on STD - 165 -L, the applicant may propose a landscaped
parkway for City approval.
15. The entry gate or door located at the street right -of -way shall be redesigned so
as not to open into the public right -of -way. This may require moving the door in
or removing it entirely, The Building Department shall also review and approve
the revised door /gate placement prior to installation. No portion of the proposed
entrance door to the establishment, when fully opened, shall extend into the
public right -of -way.
16. All improvements shall be constructed as required by Ordinance and the Public
Works Department.
17. A separate encroachment permit is required for the new work within the public
right -of -way.
18. An approved encroachment agreement is required for all private improvements
within the public right -of -way. Such agreement shall require that all portions of
any private plantings that encroach onto the public right -of -way. be trimmed and
maintained continuously. The property owner shall be charged for the cost of any
landscaping maintenance work performed by the City.
19. The applicant shall submit plans to the General Services Division and the Public
Works Department for the trimming or removal any City Tree located within the
public right -of -way. Any such work shall also be included in the encroachment
agreement or permit prior to commencement of work within the public right -of-
way
20. All applicable conditions of approval of Use Permit No. 1566 and its amendments
shall apply and remain in force (copy available in the Planning Department),
except as limited or restricted by the conditions of this approval, including but not
limited to the hours of operation as specified. This will not preclude a change in the
opening hour of the operation as specified by Use Permit No. 1566, which may
require an amendment to the use permit approved by the Planning Commission.
21. The parking or stopping of delivery vehicles in the alley is prohibited at all times
i
December 30, 2003
Page - 5
i
22. Should problems arise with regard to noise associated with the outdoor dining
areas, the Planning Department reserves the right to require the removal of all or a
portion of the outdoor dining area seating in the areas which contribute to the noise
problems or complaints, or reduce the hours of.operation.
23. Should this business be sold or otherwise come under different ownership, any
future owners or assignees shall be notified of the conditions of this approval by
either the current business owner, property owner or the leasing company.
24. The Planning Department may add to or modify conditions of approval to this
outdoor dining permit. In addition, they may revoke this approval upon a finding of
failure to comply with the conditions set forth in Chapter 20.82.of the Municipal
Code or other applicable conditions and regulations governing the food
establishment. The Planning Director or the Planning Commission may also
revoke this permit upon a determination that the operation (that is the subject of
this approval) causes injury, or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community.
The decision of the Planning Department is final, however, the approval is subject to call
up by the Planning Commission or the City Council for referral to the Planning
Commission within 14 days of the decision date. Additionally, in accordance with the
provisions of Section 20.82.080 of the Municipal Code, the applicant or any interested
party may appeal the decision of the Planning Director to the Planning Commission within
14 days of the date of the decision. A filing fee of $915.00 shall accompany any appeal
filed.
PATRICIA L. TEMPLE, Planning Director
By
Javil S. Garcia, AICP
Senior Planner
F: \USERS\PLN\Shared\PA :s\PAs - 2003TA2003- 087=2003 -002 appr.doc
Attachments: Appendix
Vicinity Map
Detail Seating Plan
Letters of
Opposition: D & D Stone,
owners 439 Heliotrope Ave
Mr. & Mrs. Chesboro,
owners 432, Heliotrope Ave
cc:
property owner
Cox Family Trust, Myrtle Cox, Trustee
1781 Shady Crest PI.
El Cajon, CA 92020
Code Enforcement Officer
51-
December 30, 2003
Page - 6
APPENDIX
Parking Requirement
In accordance with Chapter 20.82 of the Newport Beach Municipal Code, accessory
outdoor dining requires no additional parking if it is less than 25% of the interior net public
area. The subject facility complies with that requirement. Therefore, based on the
recommended restrictions (250 square feet maximum size and 18 seats maximum) and
the parking characteristics of the use, adequate parking is provided at the existing off -site
location to serve the proposed use.
Restroom Facilities
Since the applicant has requested additional exterior seating for 18 persons in addition to
the seats approved inside, the Building Department requires the provision of separate sex
public restroom facilities. Public access to the restroom through the dining area of the
restaurant is provided.
Hours of Operation
The applicant has not proposed any particular hours of operation for the outdoor dining
area, however, the use permit allows the restaurant to operate between 5:30 p.m. and
Midnight, unless an off -site parking agreement is approved for parking spaces during the
daytime hours. Due to the proximity of the residential uses across the street and down the
block, staff has limited the hours of operation of the outdoor dining use to 5:30 p.m. to
9:30 p.m. This will allow for final seating of patrons at 9:00 p.m. and closing of the outdoor
dining area at 9:30 p.m.
Noise Concerns
Staff is concerned that the proposed outdoor dining use is located such that noise will
disturb the quiet enjoyment of the existing residential properties across the street and in
the vicinity. Therefore, staff has included a requirement to provide for a noise barrier in
the form of a 9 -foot high wall or glass screen around the perimeter of two sides of the
outdoor dining area and have also limited the hours of operation of the outdoor dining
area to mitigate the potential adverse impact of the proposed use.
0
Attachment No. PC 6
Notice of Violation
1p l
1
w
CITY. MANAGER'S OFFICE
Code & Water Quality Enforcement Division
October 27, 2008
Mr.Ali Zadeh
216 26" Street
Manhattan Beach, CA 90266 -2161
Subject: 440 Heliotrope Ave (A.P. No. 459 182 10) /.Port Restaurant &.Earl
Use Permit 1566 Amended/ Outdoor Dining Permit OD2003 -002.
Dear Mr. Zadeh:
This othce has been informed that you are currently providing, live entertainment at the
Port Restaurant & Bar in Corona Del Mar. The use permit which you currently are
operating under does not permit live entertainment at this location; nor do you possess a
live entertainment permit.
Additionally; we have been informed that you are exceeding permitted hours of operation
in the restaurant facility and outdoor dinning area.
Therefore, if you currently are providing live entertainment, you. amasked to discontinue
that portion of your restaurant operation immediately, and abide by the permitted hours of
operation. Please see attached documents.
To discuss this letter please contact Charles Spence at 949- 644 73212 between the hours of
8:00 am to 3:00 pm. Monday thru Friday.
Very trulyyours,
Charles Spence
Code and Water Quality Enforcement Officer
3300 Ne xWrt Boulevard • Post Office Box 1768 • Newport Aeach. Caltfornia 92658.8915
. Telephone: (949) 644 -3215 - Fax: (949) 718 -I840 i�7111.7.ctty.ne.wport- bcach.ca.us
('3
AttachmOM No. PC 7
Project Plans ,
�5
I 0
Attachment No. PC 8
City's Exterior Noise Standards
61
Attachment No. PC 8
City's Exterior Noise Standards
4.1
Chapter 10.26 COMMUNITY NOISE CONTROL
Page 1 of 1
10.26.025 Exterior Noise Standards.
A. The following noise standards, unless otherwise specifically indicated, shall apply to all
property with a designated noise zone:
If the ambient noise level exceeds the resulting standard, the ambient shall be the
standard.
B. It is unlawful for any person at any location within the incorporated area of the City to .
create any noise, or to allow the creation of any noise on property owned, leased, occupied or
otherwise controlled by such person, which causes the noise level when measured on any
other property, to exceed either of the following:
1. The noise standard for the applicable zone for any.fifteen- minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard
plus twenty (20) DBA for any period of time (measured using A- weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the maximum
allowable noise level under said category shall be increased to reflect the maximum ambient
noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling
within one hundred (100) feet of a commercial property, if the intruding noise originates from
that commercial property.
E. If the measurement location is on boundary between two different noise zones, the
lower noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995;
Ord. 95 -38 § 11 (part), 1995)
http:// www. codepublishing. com/ CA/NewportBeach/html/NewportBeach l O/NewportBeac... 08/12/2009
ALLOWABLE
EXTERIOR NOISE
LEVEL (Equivalent
NOISE TYPE OF
Noise Level, Leq)
ZONE LAND USE
7 a.m. to 10 p.m. 10 p.m.
to 7 a.m.
I Single -, two -or multiple - family residential
55 DBA
50 DBA
II Commercial
65 DBA
60 DBA
III Residential portions of mixed -use properties
60 DBA
50 DBA
IV Industrial or manufacturing
70 DBA
70 DBA
If the ambient noise level exceeds the resulting standard, the ambient shall be the
standard.
B. It is unlawful for any person at any location within the incorporated area of the City to .
create any noise, or to allow the creation of any noise on property owned, leased, occupied or
otherwise controlled by such person, which causes the noise level when measured on any
other property, to exceed either of the following:
1. The noise standard for the applicable zone for any.fifteen- minute period;
2. A maximum instantaneous noise level equal to the value of the noise standard
plus twenty (20) DBA for any period of time (measured using A- weighted slow response).
C. In the event the ambient noise level exceeds the noise standard, the maximum
allowable noise level under said category shall be increased to reflect the maximum ambient
noise level.
D. The Noise Zone III standard shall apply to that portion of residential property falling
within one hundred (100) feet of a commercial property, if the intruding noise originates from
that commercial property.
E. If the measurement location is on boundary between two different noise zones, the
lower noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995;
Ord. 95 -38 § 11 (part), 1995)
http:// www. codepublishing. com/ CA/NewportBeach/html/NewportBeach l O/NewportBeac... 08/12/2009
Chapter 10.26 COMMUNITY NOISE CONTROL
Page I of I
10.26.055 Noise Level Measurement.
A. The location selected for measuring exterior noise levels in a residential area shall be
at any part of a private yard, patio, deck or balcony normally used for human activity and
identified by the owner of the affected property as suspected of exceeding the noise level
standard. This location may be the closest point in the private yard or patio, or on the deck or
balcony, to the noise source, but should not be located in nonhuman activity areas such as
trash container storage areas, planter beds, above or contacting a property line fence, or
other areas not normally used as part of the yard, patio, deck or balcony. The location
selected for measuring exterior noise levels in a nonresidential area shall be at the closest
point to the noise source. The measurement microphone height shall be five feet above finish
elevation or, in the case of a deck or balcony, the measurement microphone height shall be
five feet above the finished floor level.
B. The location selected for measuring interior noise levels shall be made within the
affected residential unit. The measurements shall be made at a point at least four feet from
the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source.
The measurements shall be made with windows in an open position. (Ord. 95 -38 § 11 (part),
1995)
1,b
httn- //w vrn&.nilklicbin,r nm/(' d I I(l no/Ininn nn
Attachment No. PC 9
JEC Sound Test
of
-1),
07111,0/2009 12:54 17145290851 .IEC PAGE ul /u4
=F7 Z:7
.Z
A.Division of Wissco, Inc.
Noise Study
TO: Jaime Murillo, Associate Planner
Planning Dept.
City of Newport Beach
(949)644 -3209
jmudl loC&citv.newaort- beach.ca.us
FROM: Chris Wissman
J.E.C. 363 Clihwood Park st. unit A
Brea, Ca. 92821
(714)529 -6875
Chrisw4321 @aol.com
SUBJECT: Application to Amend use Permit No. 1566
Port Restaurant/Bar, 440 Heliotrope ave.
(PA2009 -080)
APPLICANT NAME: Ali Zadeh
The noise study was performed on June 10th 2009, and monitored byDet. Stark,
NBPD and Bryan Moore, ABC Liaison, Detective Division, NBPD 949 - 644 -3725
bmooreftbad.oig
Testing Eguioment- American recorder model spl -8810 conforming to IEC641,
ANSI S1.4 type 2 sound level meter
We tested with live music at the Dining "B" area (future live Entertainment
area), and with a D.J. system Inside at the Bar area, With the D_'.J. system
playing at 90 -105 dba inside, we found it to be the highest level sound to
monitor from outside.
Existing Site Conditions
The restaurant is a full - service establishment and permitted to operate under the
conditions of Use Permit No. 1566. The restaurants hours of operation are (5 :00
p.m. to 12:00 a.m., seven days a week), and parking is maintained and provided
In accordance with the Use Permit. No live entertainment and/or dancing are
363 Cliftood Park Street, Unit A • Bros, California 92821
Telephonc (114) 529.6VS • Fax: (714) 529 -0851 - License No. C10- 649567
41-1
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137/10/2009 12:54 17145290851 JEC PAGE 03104
A Division or Wlssco, Inc.
City Noise Regufafions
Chapter 10.26 of the Municipal Code (Community Noise Control) states the
allowable average exterior noise levels experienced in a residential area (Zone 1.)
are as follows:
a 56 dBA for any 15- minute period during the daytime hours of 7:00 a.m. to
10:00 p.m
• 50 dBA for any 15- minute period during the nighttime hours of 10:00 p.m.
to 71.00 a.m.
• The maximum instantaneous noise level that Is permitted is 75 dBA during
the daytime or 70 dBA during the'nighttime.
o The ambient noise shall be standard if the ambient noise level exceeds
the resulting standard.
Noise Studv
This noise _ study was prepared pursuant to the, exterior noise levels criteria
specified in Chapter 10.26 of the Municipal Code (Community Noise Control). The
noise study has checked the noise measurements of the nearest residences. The
following chart summarizes the results from the noise study that was conducted
under all conditions:
(` With doors closed Noise levels were undetectable from Restaurant and were at Ambient
level)
The noise study indicated that the average and maximum noise levels generated
363 Cli&ood Park Strcet, Unit A • Brea, California 92821
'fhlaphone: (714) 529 -6675 • Fax: (714) 529 -0851 • License No. C10449567
q,
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(` With doors closed Noise levels were undetectable from Restaurant and were at Ambient
level)
The noise study indicated that the average and maximum noise levels generated
363 Cli&ood Park Strcet, Unit A • Brea, California 92821
'fhlaphone: (714) 529 -6675 • Fax: (714) 529 -0851 • License No. C10449567
q,
p„ ...... .IEG YHUt tl4 /tiv
A Divlslon of Wissco. Inc.
Conclusion
The study concluded that noise generated by the DJ system or Live Entertainment
will not exceed the maximum allowable exterior noise level at any nearby
residentially -ioned property of 50 dba, and 60 dba for commercially zoned
property from 10:00 p.m. to 7:00 a.m. The study acknowledges, however, that
some of the activities at the restaurant area will, on occasion, be audible and
discernible at the nearby residences because the type and character of the noise
generated by the restaurant activities (i.e, people talking,. car's leaving from the
parking lot) are different from the ambient traffic noise and will be addressed with
the parking plan_
In order to relate the submitted noise study and the City's noise standards to the
Planning Department, Mr. Zadeh sought our professional opinion as an
independent acoustical consultant. After reviewing the actual noise readings, we
found the submitted noise study is consistent with that required.by the City's
noise standards. We also conclude the noise levels generated by the DJ system
or Live entertainment will be audible from time to lime, but. they will not be.
perceived as loud. The maximum noise levels at the residences due to the DJ
system or live entertainment-activities will generally be around 47dba. During
loud events, peak noise levels from Entertainment could be as high as 55 dba.
These events could be clearly audible, but would not be perceived as loud since
traffic on Coast Highway and aircraft overflights commonly reach noise levels in
the 65 to 75 dba range.
Recommendations
We recommend that an additional door be installed at the front entrance to block
out the sound that comes out when a customer enters or exits the restaurant.
As discussed above, noise from -the restaurant may be heard by the residents,
especially during. fulls in traffic in the later portion of the evening, and the additional
door will make a. substantial difference.
Qualifications:
Chris Wissman — Audio Engineering for over 15 years including sound design
and layout for indoor and outdoor venues, churches, theater, dance and sound
rooms. Dolby digital and system layout certified.
James Wissman — Sr. Partner, U.S. Navy Ret. Trainer for Acoustical studies and
sound management with over 30 years experience in audio application.
363 Ghffwood Park Sireer,.UnhA • Brea. California 92821
Telephone: (714) 529.6$75 • Fax: (714) 529 -0851 • License No. CIO- 649567
11
Attachment No. PC. 10
Police Department Memorandum
11
'1 X
City of Newport Beach
Police Department
Memorandum
July 31, 2009
TO: Jaime Murillo, Associate Planner
FROM: Detective Bryan Moore
SUBJECT: Port Restaurant & Bar, 440 Heliotrope Ave., Amendment to Use
Permit No. 1566 (PA2009 -080).
At your request, the Police Department has reviewed the project application for
The Port Restaurant & Bar, located at 440 Heliotrope Avenue, Newport Beach.
Per the Project Description submitted by the Owner, Ali H. Zadeh the proposal is
to allow the following changes in the operational characteristics of the existing
restaurant: (1) Expand the hours of operation (5 p.m. to 12 a.m.) by extending
the closing time to 1 a.m., (2) Introduce live entertainment and dancing, (3)
Remodel the existing floor plans to enhance circulation within the restaurant, and
(4),Request approval of an off -site parking agreement to allow use of 40 spaces
on property located at 2865 E. Coast Hwy.
The applicant currently has a Type 47 (General — Eating Place) license with the
Department of Alcoholic Beverage Control.
I have included a report by Crime Analyst Paul Salenko that provides detailed
statistical information related to calls for service in and around the applicant's
place of business. This report indicates that this new location is within an area
where the number of crimes is at least 75% higher than the average of all
reporting districts in the City. Additionally, this location is within an RD that is
over the Orange County per capita of ABC licenses.
Applicant History
The Port Restaurant was established in Corona Del Mar in 2006. It is located
south of the historic Port Theater in a newly renovated ocean -side bungalow.
The interior of the restaurant features a chic Mediterranean decor along with an
outdoor patio and heated Atrium. The Port Restaurant also prides itself on its
unique Continental cuisine, top -shelf bar menu and comprehensive wine list. In
2008 the restaurant earned a coveted spot in the Zagat review guide.
-1 0
Port Restaurant & Bar
Amendment to UP No. 1566
By all accounts, the Port Restaurant is a quality dining establishment which
compliments the community of Corona Del Mar. It should be noted, however,
that in October of 2008 the City of Newport Beach became aware of various use
permit violations associated with the restaurant. These violations .included
providing live entertainment without the proper permits and exceeding permitted
hours of operation. On October 27, 2008 Newport Beach Code and Water
Quality Enforcement sent the Operator of the restaurant, Ali Zadeh, a letter
advising him to discontinue the above activities.
In February of 2009, Newport Beach Code and Water Quality Enforcement
continued to receive complaints from residents regarding loud music and people
leaving the location at 1:30 a.m. The issue was referred to the Newport Beach
Police Department to investigate the validity of the complaints.
On February 5, 2009, an investigation was conducted at the Port Restaurant at
which time Newport Beach detectives observed the business to be conducting
live entertainment (D.J.) and operating past 12 a.m. A crime report was
generated and forwarded to Code and Water Quality Enforcement.
On February 19, 2009, representatives from Newport Beach Code and Water
Quality Enforcement as well as the Police Department met with Mr. Zadeh. The
purpose of the meeting was to discuss several outlined use permit violations as
well as the use permit amendment process. Mr. Zadeh expressed interest in
amending his use permit, however, it was made clear that the Port Restaurant
could not continue to operate in violation during the application process.
On May 1, 2009, the Police Department conducted a second investigation at the
Port Restaurant at which time subsequent violations were observed. These
Violations included: discontinuing food service before close, live entertainment
(D.J.), blocked aisles and overcrowding. Mr. Zadeh was contacted at scene and
issued a personal service citation for the fire code violations. He was also
advised to discontinue the live entertainment which was in violation of use permit.
On May 28, 2009, a NBPD Patrol Officer responded to a loud music complaint at
the Port Restaurant. When the officer arrived he observed live entertainment
(D.J.) being conducted in the bar area. An additional crime report was generated
for the incident and forwarded to Code and Water Quality Enforcement.
In June of 2009, the Port Restaurant submitted an application to amend their use
permit. To assist with the review of the application, Mr. Zadeh retained the
services of a noise consultant (J.E.C.) to prepare a noise study. This noise study
measured the sound levels (during live entertainment) at the property lines and
adjacent properties to determine whether or not they were in compliance with the
city's noise control ordinance.
2 ��
Port Restaurant & Bar
Amendment to UP No. 1566
Members of the Newport Beach Police Department conducted an independent
sound test in conjunction with J.E.C. The Police Department's measurements
were consistent with those taken by J.E.C.
Although the noise level produced by the live entertainment at the restaurant did
not exceed the allowable exterior noise level (per the NB Municipal Code), the
Police Department has still received approximately 20 calls for service in the past
year for loud music. Additionally, the Police Department understands that there
are several other contributing factors to the noise associated with a
restaurant/bar setting. These factors include: increased vehicular traffic in the
area, patrons talking outside while waiting for cabs or walking to their vehicles
and other crimes /disturbances associated with alcoholic beverage consumption.
By all accounts, the Port Restaurant has proposed to transform their dining
establishment into more of a "nightclub" type setting. Not only is this apparent in
the project proposal, but it has been evident in a blatant pattern of violations prior
to the amendment application process. The Police Department has already had
to spend a considerable amount of time addressing complaints with regard to the
noise and activity at this location. Due to the restaurant's proximity to nearby
residents, we believe that the proposed changes will only contribute to an
increase in the noise and police activity. Additionally, the Police Department
knows from experience that past actions are a good indicator of future
performance. We encourage the Port Restaurant to continue to operate as a
restaurant, however, due to the stated reasons we can not recommend this
application for approval.
Should this application be approved, the Police Department recommends the
following conditions:
Signs and Displays
Any signs or displays would need to conform to City requirements. There shall
be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages. Interior displays of alcoholic beverages or signs, which are
clearly visible to the exterior, shall constitute a violation of this condition.
Hours of Operation
The proposed hours of operation are from 11:00 a.m. to 1:00 a.m. daily.
Based on the proximity to nearby residents and the past history of noise
complaints the Police Department recommends that the Port Restaurant close at
12:00 a.m. daily.
3
b1
Port Restaurant & Bar
Amendment to UP No. 1566
Security
The applicant shall provide licensed security personnel while offering live
entertainment. A comprehensive security plan for the permitted uses shall be
submitted for review and approval by the Newport Beach Police Department.
The procedures included in the plan and any recommendations made by the
Police Department shall be implemented and adhered to for the life of the use
permit.
Employee Training
Require all owners, managers, and employees selling alcoholic beverages to
undergo and successfully complete a certified training program in responsible
methods and skills for serving and selling alcoholic beverages.
Additional Comments
For the purposes of this application, staff may also want to consider establishing
conditions that would require a Special Event Permit. A Special Event Permit
may be required for any event or promotional activity outside the normal
operational characteristics of the proposed operation. For example, events likely
to attract large crowds, events for which an admission fee is charged, events that
include any form of contract promoters, or any other activities as specified in the
Newport Beach Municipal Code to require such permits.
Other Recommended Conditions
In addition, the Police Department has determined that the following conditions
would be appropriate for the Conditional Use Permit for the business:
1. Approval does not permit the premises to operate as a bar, tavern, cocktail
lounge or nightclub as defined by the Municipal Code, unless the Planning
Commission first approves a Use Permit.
2. No alcoholic beverages shall be consumed on any property adjacent to the
licensed premises under the control of the licensee.
3. No "happy hour" type of reduced price alcoholic beverage promotion shall be
allowed except when served in conjunction with food ordered from the full
service menu.
4. Petitioner shall not share any profits or pay any percentage or commission to
a promoter or any other person based upon monies collected as a door
charge, cover charge, or any other form of admission charge, including
minimum drink orders or the sale of drinks.
4
Port Restaurant & Bar
Amendment to UP No. 1566
5. The quarterly gross sales of alcoholic beverages shall not exceed the gross
sales of food during the same period. The licensee shall at all times maintain
records, which reflect separately the gross sales of food and the gross sales
of alcoholic beverages of the licensed business. These records shall be kept
no less frequently than on a quarterly basis and shall be made available to
the Police Department on demand.
6. There shall be no on -site radio, television, video, film or other electronic
media broadcasts, including recordings to be broadcasted at a later time,
which include the service of alcoholic beverages, without first obtaining an
approved Special Event Permit issued by the City of Newport Beach.
7. There shall be no dancing allowed on the premises.
8. Strict adherence to maximum occupancy limits is required.
9. Bottle service shall be prohibited.
10.The use of private (enclosed) "VIP" rooms or any other temporary or
permanent enclosures separate from public areas are prohibited.
11.VIP passes or other passes to enter the establishment, as well as door
charges, cover charges, or any other form of admission charge, including
minimum drink order, or sale of drinks is prohibited.
If you have any questions, please contact me at (949) 644 -3725.
Detective Bryan Moore
ABC Liaison
Craig ell, Lieutenant
Acting ivision Commander- Detective Division
5.
3
City of Newport Beach
Police Department
Memorandum
July 27, 2009
TO: Jaime Murillo, Associate Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the Port
Restaurant & Bar at 440 Heliotrope Ave. This area encompasses our reporting district (RD)
number 44 as well as part of Census Tract 627.01. This report reflects City of Newport Beach
crime data for calendar year 2008, which is the most current data available.
Calls for Service Information
City wide there were approximately 68,886 calls for police services during this time, of which
4,917 were in RD 44. A "call for service" is; any contact of the police department by a citizen
which results in the dispatching of a unit or causes the contacted employee to take some sort
of action, such as criminal investigations, alarm responses, traffic accidents, parking
problems, and animal control calls, etc.
Crime Information
There were 6,779 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,889 were Part One Crimes. Part One crimes are the eight most serious
crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft,
Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining
2,262 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 30,414.75 per 100,000 people. The national Part One crime rate was 3,808.07* per
100,000 people.
Crimes RD 44 Newport Beach
California*
National*
Part 1 168 2,889
1,299,685
11,251,818
Part 2 120 2,262
N/A
N/A
Part 1Crime Rate 3,007.52 3,430.38
3,555.6
3,622.36
The number of active ABC licenses in this RD is 29 **
Per capita ratio l license for every 193 residents.
This reporting district had a total of 373 reported crimes as compared to a City wide
reporting district average of 178 reported crimes. This reporting district is 190 crimes more
or 109.09% above the City wide reporting district average. This location is within an area
where the number of crimes is at least 75% higher than the average of all reporting districts in
the City as outlined in the City Council "K -7" policy. This location is within an RD that is
over the Orange County per capita average of ABC licenses * *.
�1.
Arrest Information
There were 46 DUI arrests and 39 Plain Drunk arrest in this area during this same period as
compared to 1,680 for the entire city. This RD amounts to 5.06% of the DUI /Drunk arrests
made in the entire City. According to a recent national study by the Department of justice,
more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time
of their arrest.
Arrests
RD 44
(DUI /Drunk)
85
Total Arrests
197
Newport Beach
1,680
3,920
California* National*
N/A
1,540,894
N/A
14,209,365
Additional Information
The Alcoholic Beverage Outlets ordnance.states that the Planning Commission shall consider
the crime rate in the adjacent reporting districts. The two adjacent reporting districts you
requested are RD 39 and RD 45
Crimes
RD 39
RD 45
Part 1
264
16
Part 2
217
21
Crime Rate
30,414.75
1,693.12
Arrests (DUI/Drunk)
77
5
Total Arrests
262
10
Calls For Service
45,484
456
Number of active ABC licenses
.45 **
3 **
Per capita ratiol license for every
19* residents
315* residents.
Note: It is important to remember that when dealing with small numbers any change greatly
affects any percentage changes.
The population figure used for the Crime Rate was 84,218.
*These numbers are from the 2007 Uniform Crime Reports, which is the most recent edition.
**The number of active ABC licenses is the total of all types of licenses known to the police
department as of the date of this document. As of May 1, 2003 the Orange County average of
active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a
population of 2,846,289)
If you are in need of any further assistance, please contact me at (949) 644 -3791.
Paul Salenko
Crime Analysis Unit
d�
Attachment No. PC 11
Code and Water Quality Enforcement
Memorandum
�-1
o" ri
b
City of Newport Beach
Code and Water Quality
Memorandum
July 31, 2009
TO: Jaime Murillo, Associate Planner
FROM: Matt Cosylion, Sr. Code & Water Quality Enforcement Officer
SUBJECT: Port Restaurant & Bar, 440 Heliotrope Ave., Amendment to Use
Permit No. 1566 (PA2009 -080).
The Code and Water Quality Enforcement Division (CWQED) has reviewed the
project application and description for The Port Restaurant & Bar, located at 440
Heliotrope Avenue, Newport Beach.
The CWQED recognizes that the Port Restaurant is a valuable asset to the
Corona Del Mar business community. However, the CWQED recommends that
the application not be approved for the following reasons: (1) The addition of live
entertainment and dancing can potentially create a nightclub type atmosphere.
Because the restaurant is adjacent to a residential neighborhood, a nightclub
would affect the character of the neighborhood and may increase the number of
complaints that this department and the Newport Beach Police Department
already receive regarding noise from the restaurant/bar, noise from patrons
heading to their vehicles or loitering near the establishment, loud music, and
other similar disturbances. (2) Extending the hours of operation until 1 a.m. may
increase the number of complaints (as outlined above) this department and the
Newport Beach Police Department already receive regarding the Port
Restaurant. (3) The Port Restaurant does not have a long term off - street parking
agreement. (4) This department and the Newport Beach Police Department have
spent a considerable amount of time responding to complaints (as outlined
above) over the last eight months and approval of the application may result in
increased calls for service.
Applicant History
In addition to the police activity at the Port Restaurant (See Police Department
memorandum) the CWQED has met with Mr. Zadeh, the owner of the Port
Restaurant, on two occasions and issued two Notice of Violations and three
Administrative Citations since October of 2008.
Port Restaurant & Bar
Amendment to UP No. 1566
On October 27, 2008, the CWQED sent Mr. Zadeh a letter advising him to
discontinue providing live entertainment without proper permits and exceeding
permitted hours of operation.
On February 19, 2009, representatives from the CWQED and the Police
Department met with Mr. Zadeh. The purpose of the meeting was to discuss
observed and reported use permit violations as well as the use permit
amendment process. Mr. Zadeh expressed interest in amending his use permit.
It was made clear that the Port Restaurant could not continue to operate in
violation of Use Permit 1566 during the application process. Mr. Zadeh was
issued a Notice of Violation and given copies of UP 1566, Outdoor Dining Permit
2003 -002, and Resolution 9077.
On May 8, 2009, Mr. Zadeh was personally issued two $100 Administrative
Citations by the CWQED for having live entertainment without a permit and
changing the operational characteristics of the establishment without amending
the use permit. Mr. Zadeh was advised not to have live entertainment until the
use permit for the Port Restaurant had been amended.
On June 14, 2009, Mr. Zadeh was issued a $200 Administrative Citation by the
Code and Water Quality Division for having live entertainment without a permit
on May 28, 2009.
In addition to the above incidents, the Code and Water Quality Division has
received complaints from residents in the neighborhood regarding noise, loud
music, trash and other related problems. Copies of the emails are available upon
request.
Should this application be approved, the CWQED recommends the following
conditions:
Recommended Conditions
1. Any signs or displays would need to conform to City requirements. There
shall be no exterior advertising or signs of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the,
availability of alcoholic beverages. Interior displays of alcoholic beverages
or signs, which are clearly visible to the exterior, shall constitute a violation
of this condition.
2. The hours of operation shall be limited to 11:00 a.m. to 12:00 a.m. daily.
3. The applicant shall provide licensed security personnel while offering live
entertainment. A comprehensive security plan for the permitted uses shall
be submitted for review and approval by the Newport Beach Police
Department. The procedures included in the plan and any
01
E
Port Restaurant & Bar
Amendment to UP No. 1566
recommendations made by the police department shall be implemented
and adhered to for the life of the use permit.
4. Require all owners, managers, and employees selling alcoholic beverages
to undergo and successfully complete a certified training program in
responsible methods and skills for serving and selling alcoholic
beverages. Copies of the certificates of completion shall be kept onsite
and shall be made available upon request
5. Approval does not permit the premises to operate as a 'bar, tavern,
cocktail lounge or nightclub as defined by the Municipal Code, unless the
Planning Commission first approves a Use Permit.
6. No alcoholic beverages shall be consumed on any property adjacent to
the licensed premises under the control of the licensee.
7. No "happy hour" type of reduced price alcoholic beverage promotion shall
be allowed except when served' in conjunction with food ordered from the
full service menu.
8. A full service menu must be available until a half -hour before closing time.
9. Petitioner shall not share any profits or pay any percentage or commission
to a promoter or any other person based upon monies collected as a door
charge, cover charge, or any other form of admission charge, including
minimum drink orders or the sale of drinks.
10.The quarterly gross sales of alcoholic beverages shall not exceed the
gross safes of food during the same period. The licensee shaft at all times
maintain records, which reflect separately the gross sales of food and the
gross sales of alcoholic beverages of the licensed business. These
records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Police Department on demand.
11. There shall be no on -site radio, television, video, film or other electronic
media broadcasts, including recordings to be broadcasted at a later time,
which include the service of alcoholic beverages, without first obtaining an
approved Special Event Permit issued by the City of Newport Beach:
12. There shall be no dancing allowed on the premises.
13. Strict adherence to maximum occupancy limits is required.
14. Bottle service shall be prohibited.
3
ql
Port Restaurant & Bar
Amendment to UP No. 1566
15.The use of private (enclosed) "VIP" rooms or any other temporary or
permanent enclosures separate from public areas are prohibited.
16-VIP passes or other passes to enter the establishment, as.well as door
charges, cover charges, or any other form of admission charge, including
minimum drink order, or sale of drinks is prohibited.
17. Prior to the commencement of live entertainment, a live entertainment
permit must be obtained.
18. Deliveries and refuse collection for the establishment shall be prohibited
between 10:00 p.m. and 8:00 a.m. daily.
19. All outdoor storage must be screened from public view.
20.All trash from the facility must be placed in a trash bin and stored in a
trash enclosure.
21.The lids to the trash bin must be kept closed at all times.
22. The trash bin and enclosure must be kept clean at all times and the
. applicant must prevent odors.
23. The applicant must clean the off -site parking lot and the areas surrounding
the establishment after closing.
If you have any questions, please contact me at (949) 644 - 3217.
Matt Cosylion
Sr. Code and Water Quality Enforcement Officer
11
C A L I t FOR N IA COMMERCIAL LEASE AGREEMENT
ASSOCIATION
%V OF REALTORSk (C.A.R. Form CL, Revised 04106)
Date (For reference only): June 19, 2009
Legacy Property Management ( "Landlord ") and
t / Ali Z deh (Tenant ") agree as follows:
1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as Rear parking lot or
286 d 2967 1 RIA1, CA 92625 ( "Premises "). which
comprise approximately % of the total square footage of rentable space in the entire property. See exhibit 1 for a further
description of the Premises.
2. TERM: The term begins on (date) Julv 1. 2009 ('Commencement Date ").
(Check A or B):
(]a A. Lease: and shall terminate on (date) Jane 30. 2010 at 5 00 ❑ AM ® PM. Any holding over after the
term of this agreement expires. with Landlord's consent. shall create a month -to -month tenancy that either party may terminate as specified in
paragraph 2B. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and
conditions of this agreement shall remain in full force and effect.
❑ B. Month -to- month: and continues as a month -to -month tenancy. Either party may terminate the tenancy by giving written notice to the other at
least 30 days prior to the intended termination date, subject to any applicable local laws. Such notice may be given on any date.
❑ C. RENEWAL OR EXTENSION TERMS: See attached addendum
3. BASE RENT:
A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:)
❑ (1) s 1,500-00 per month, for the term of the agreement.
❑ (2) $ per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of
each 12 months thereafter, rent shall be adjusted according m any increase in the U.S. Consumer Price Index of the Bureau of Labor
Statistics of the Department of Labor for All Urban Consumers ( "CPI ") for
(the city nearest the location of the Premises). based on the following formula: Base Rent will be multiplied by the most current CPI
preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the
Commencement Date. In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding the
adjustment. It the CPI is no longer published. then the adjustment to Base Rent shall be based on an alternate index that most closely
reflects the CPI.
❑ (3) $ per month for the period commenting and ending and
S per month for the period commencing and ending and
$ per month for the period commencing and ending
❑ (4) In accordance with the attached rent schedule.
❑ (5) Other:
B. Base Rent is payable in advance on the 1st (or ❑ ) day of each calendar month, and is delinquent on the next day.
C. if the Commencement Date falls on any day other than the first day of the month. Base Rent for the first calendar month shall be prorated based
on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month
shall be prorated based on a 30-day period.
4. RENT:
A. Definition: ( "Rent ") shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except Security deposit.
B. Payment: Rent shall be paid to (Name) Legacy Property Me gement at (address)
PO Box 3539 TUatin, CA 92681 _ _ _ _ _ . of at any other
location specified by Landlord in writing to Tenant.
C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord.
S. EARLY POSSESSION: Tenant is entitled to possession of the Premises on June 111 2009
If Tenant is in possession prior to the Commencement Date, during this time (i) Tenant is not obligated to pay Base Rent, and (ii) Tenant ❑ is
❑ is not obligated to pay Rent other than Base Rent. Whether of not Tenant. is obligated to pay Rent prior to Commencement Date, Tenant is
obligated to comply with all other terms of this agreement.
6. SECURITY DEPOSIT:
A. Tenant agrees to pay Landlord $ 1, 500.00 as a security deposit. Tenant agrees not to hold Broker responsible for its return.
(IF CHECKED:) ® If Base Rent increases during the term of this agreement. Tenant agrees to increase security deposit by the same proportion
as the increase in Base Rent.
B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant's default in payment of Rent, late charges,
non - sufficient funds ( "NSF") fees, or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or
licensee of Tenant: (Iii) broom clean the Premises, if necessary. upon termination of tenancy: and (iv) cover any other unfulfilled obligation of
Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the
security deposit is used during tenancy. Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to
Tenant. Within 30 days after Landlord receives possession of the Premises. Landlord shag: (i) furnish Tenant an itemized statement indicating the
amount of any security, deposit received and the basis for its disposition, and (it) return any remaining portion of security deposit to Tenant.
However, if the Landlord's only claim upon the security deposit is for unpaid Rent. then the remaining portion of the security deposit, after
deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession.
C. No interest will be paid on security deposit, unless required by local ordinance.
The copyright laws of the United States (Title 17 U.S. Code) forbid the
unauthorized reproduction of this form. or any portion thereof, by photocopy
machine or any other means, including facsimile or computerized formats. Landlord's Initials (
) ( )
Copyright ® 1998 -2007, CALIFORNIA ASSOCIATION OF REALTORS& INC. Tenant's Initials (
) ( ) ruwxxpwc
ALL RIGHTS RESERVED. Reviewed M
orroarwrry
Dare
CL REVISED 04106 (PAGE 1 of 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 1 OF 6)
Agent: Gregory Moore Phone: (949) 675 -0999 Fax: (949) 313 - 1834
Prepared using WNForms011 software
Broker: Gredory Moore Realty 2865 E Coast Highway, Corona del Mar, CA 92625
_
Attachment No. PC 12
Off -Site Parking Lease
m
t CAL I FO RN I A COMMERCIAL LEASE AGREEMENT
ASSOCIATION
�IV OF REALTORS" (C.A.R. Form CL, Revised 04106)
Date (For reference Dnly): June 19, 2009
Le acv Propercv ManaaemenC ( "Landlord ") and
Port R ,,�Qurant / Ali 2adeh ('Tenant') agree as follows:
t. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: Rear parkins loc of
a<a w err __A 92625 ( "Premises "). which
comprise approximately % of the total square footage of rentable space in the entire property. See exhibit 1 for a further
description of the Premises.
2. TERM: The term begins on (date) JU.ly z 2009 ( "Commencement Date").
(Check A or B):
ER A. Lease: and shall terminate on (date) June 30, 2010 at 9,00 ❑ AM ® PM. Any holding over after the
term of this agreement expires. with Landlord's consent, shall create a month -to -month tenancy that either party may terminate as specified in
paragraph 28. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and
conditions of this agreement shall remain in full force and effect.
❑ B. Month -to- month: and continues as a month -to -month tenancy. Either party may terminate the tenancy by giving written notice to the other at
least 30 days prior to the intended termination date, subject to any applicable local laws. Such notice may be given on any dale.
❑ C. RENEWAL OR EXTENSION TERMS: See attached addendum
3. BASE RENT:
A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:)
❑ (1) $ 1.500.00 per month, for the term of the agreement.
❑ (2) $ per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of
each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor
Statistics of the Department of Labor for All Urban Consumers ( "CPI') for
(the city nearest the location of the Premises), based on the following formula: Base Rent will be multiplied by the most current CPI
preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the
Commencement Date. In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding Me
adjustment. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely
reflects the CPI.
❑ (3) S per month for the period commencing and ending and
S per month for the period commencing and ending and
g per month for the period commencing and ending
❑ (4) In accordance with the attached rent schedule.
❑ (5) Other:
B: Base Rent is payable in advance on the 1st (or ❑ ) day of each calendar month, and is delinquent on the next day.
C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based
on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month
shall be prorated based an a 3(l period.
4. RENT: - -
A. Definition: ( "Rent) shalt mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security depose.
B. Payment: Rent shall be paid to (Name) LeoaC,r Prcperee M iU,9 aaa at (address)
Po sox 9539 zva t:in a 92681 . or at any other
location specified by l:andtord in writing to Tenant.
C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord.
5, EARLY POSSESSION: Tenant is entitled to possession of the Premises on June 1a 2009
If Tenant is in possession prior to the Commencement Date, during this time (i) Tenant is not obligated to pay Base Rent. and (il) Tenant 0 is
❑ is not obligated to pay Rent other than Base Rem. Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant is
obligated to comply with all other terms of this agreement. _
6, SECURITY DEPOSIT:
A. Tenant agrees to pay Landlord $ 1 500. 00 as a security deposit. Tenant agrees not to hold Broker responsible for its return.
(IF CHECKED:) ® 0 Base Rent increases during the term of this agreement, Tenant agrees to increase security deposit by the same proportion
as the increase in Base Rent.
B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenants default in payment of Rent, late charges,
non - sufficient funds ("NSF') fees, or other sums due; (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or
licensee of Tenant: (III) broom dean the Premises, if necessary. upon termination of tenancy: and (Iv) cover any other unfulfilled obligation of
Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN UEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the
security deposit is used during tenancy. Tenant agrees to reinstate the total security, deposit within 5 days after written notice is delivered to
Tenant. Within 30 days after Landlord receives possession of the Premises, Landlord shat': (i) furnish Tenam an itemized statement indicting the
amount of any security deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant.
However, 4 the Landlord's only claim upon the security deposit is for unpaid Rent. then the remaining portion of the security deposit, after
deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession.
C. No interest will be paid on security deposit unless required by local ordinance.
The copyright laws of the United States (Title 17 U.S. Code) forbid the
unauthorized reproduction of this forth, or any portion thereof, by photocopy
machine or any other means. including facsimile or computerized formats. Landlord's Initials (
) ( ) S
Copyright ® 1988 -2007, CALIFORNIA ASSOCIATION OF REALTORS)II), INC. Tenants Initials (
) ( )
ALL RIGHTS RESERVED.
Reviewed br
p 0000°t°"r`
CL REVISED 04106 (PAGE 1 of 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 1 OF 6)
Agent: Gregory Moore Phone: (949) 675.0999 Fax: (949) 313 - 1834-
Prepared using WINFormsO software
Broker. Greaory Moore Realty 2865 E Coast Highway, Corona del Mar, CA 92625 _ _ _
Rear parking lot of 2865 and 2867 E Coast Hwy, Corona del
Premises: Mar CA 92625 Date June I9, 2009
7. PAYMENTS:
Other: $ 5 5
Category
Other $ S S
Category
E. Total: ...... $ 3,000.00 $ 1,500.00 S 1.500.00
8. PARKING: Tenant is entitled to 40 unreserved and Np reserved vehicle parking spares. The right
to parking (2 i5 (] is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent. the parking rental fee shall
be an additional $ per month. Parking space(S) are to be used for parking operable motor vehicles, except for trailers. boats.
campers. buses or trucks (other than pick -up trucks). Tenant shall park in assigned spaces) only. Parking space(s) are to be kept clean. Vehicles
leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable
vehicles is not allowed in parking spare(s) or elsewhere on the Premises. No overnight parking is Permitted
9. ADDITIONAL STORAGE: Storage is permitted as follows: rvorrE
The right to additional storage space O is ® is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent.
storage space shall be an additional $ per month. Tenant shall store only personal property that Tenant owns, and shall not
store property that is claimed by another, or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or
Perishable goods. Flammable materials, explosives, or other dangerous or haiardous material. Tenant shall pay for, and be responsible for, the
clean -up of any contamination caused by Tenant's use of the storage area.
10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord
to incur costs and expenses. the exact amount of which are extremely tliffcult and impractical to determine. These costs may include, but are not
limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is
not received by Landlord within 5 calendar days after date due, or if a check is returned NSF. Tenant shall pay to Landlord. respectively.
$ 150.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be
deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by
reason of Tenants late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent.
Landlords acceptance of any late Charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge
or NSF fee shall not be deemed an extension of the date Rent Is due under paragraph 4, or prevent Landlord from exercising any other rights and
remedies under this agreement. and as provided by law.
11. CONOITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition. with the
following exceptions: NO EXCEPTIONS
Items listed as exceptions shall be dealt with in the following manner:
12. ZONING AND LAND USE: Tenant accepts the Premises subject to all locat, state and federal laws, regulations and ordinances ( "Laws "). Landlord
makes no representation or warranty that Premises are now, or in the future will be suitable for Tenant's use. Tenant has made its own investigation
regarding all applicable Laws.
13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant No other expenses wi22 be
charged to tenant
14. PROPERTY OPERATING EXPENSES:
A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses. including but not limited to, common
area maintenance, consolidated utility and service bills, insurance. and real estate taxes. based on the ratio of the square footage of the Premises
to the total square footage of the rentable spare in the entire property.
OR B. ($ (if checked) Paragraph 14 does not apply.
15. USE: The Premises are for the sole use as parking L C
No other use is permitted without Landlord's prior written consent. If any use by Tenant causes an increase in the premium on Landlord's existing
property insurance. Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises.
16, RULESIREGULAMNS: Tenant agrees to comply with all rules and regulations of Landlord (and if applicable, Owner's Association) that are at any
Time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do riot. disturb, annoy.
endanger, of interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to.
using, manufacturing, selling, storing, or transporting illicit drugs or Other contraband. or violate any law or ordinance, or committing a waste or
nuisance on of about the Premises. .
17. MAINTENANCE:
A. Tenant OR ❑ (If checked, Landlord) shalt professionally maintain the Premises including heating, air conditioning, electrical, plumbing and
water systems, if any, and keep glass. windows and doors in operable and safe condition. Unless Landlord is checked. if Tenant fails to maintain
the Premises. Landlord may contract for or perform such maintenance. and charge Tenant for Landlord's cost.
B. Landlord ORD (if checked, Tenant) shall maintain the rdof, foundation, exterior Wallis, common areas and Parking lot 52021 be in
Landlord's Initials y ( )
Tenants Initials ( ) { ) w
r
Copyright ® 1998-2007, CALIFORNIA ASSOCIATION OF REALTORS®. INC. Reviewed by Date tm'n.ouwc
CL REVISED 04106 (PAGE 2 of 6) moomunry
COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6) Pon Restauran
■In
PAYMENT
TOTAL DUE
RECEIVED
BALANCE DUE
DUE DATE
Rent: From 07/01/2009 To 0810112009 $ 1,500.00
S
53,500.00
07101109
Date Date
Security Deposit .... .... .... .. .. .. .. $ 1 500.00
$ 1, 500.00
S
02/01/07
Other: $ 5 5
Category
Other $ S S
Category
E. Total: ...... $ 3,000.00 $ 1,500.00 S 1.500.00
8. PARKING: Tenant is entitled to 40 unreserved and Np reserved vehicle parking spares. The right
to parking (2 i5 (] is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent. the parking rental fee shall
be an additional $ per month. Parking space(S) are to be used for parking operable motor vehicles, except for trailers. boats.
campers. buses or trucks (other than pick -up trucks). Tenant shall park in assigned spaces) only. Parking space(s) are to be kept clean. Vehicles
leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable
vehicles is not allowed in parking spare(s) or elsewhere on the Premises. No overnight parking is Permitted
9. ADDITIONAL STORAGE: Storage is permitted as follows: rvorrE
The right to additional storage space O is ® is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent.
storage space shall be an additional $ per month. Tenant shall store only personal property that Tenant owns, and shall not
store property that is claimed by another, or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or
Perishable goods. Flammable materials, explosives, or other dangerous or haiardous material. Tenant shall pay for, and be responsible for, the
clean -up of any contamination caused by Tenant's use of the storage area.
10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord
to incur costs and expenses. the exact amount of which are extremely tliffcult and impractical to determine. These costs may include, but are not
limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is
not received by Landlord within 5 calendar days after date due, or if a check is returned NSF. Tenant shall pay to Landlord. respectively.
$ 150.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be
deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by
reason of Tenants late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent.
Landlords acceptance of any late Charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge
or NSF fee shall not be deemed an extension of the date Rent Is due under paragraph 4, or prevent Landlord from exercising any other rights and
remedies under this agreement. and as provided by law.
11. CONOITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition. with the
following exceptions: NO EXCEPTIONS
Items listed as exceptions shall be dealt with in the following manner:
12. ZONING AND LAND USE: Tenant accepts the Premises subject to all locat, state and federal laws, regulations and ordinances ( "Laws "). Landlord
makes no representation or warranty that Premises are now, or in the future will be suitable for Tenant's use. Tenant has made its own investigation
regarding all applicable Laws.
13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant No other expenses wi22 be
charged to tenant
14. PROPERTY OPERATING EXPENSES:
A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses. including but not limited to, common
area maintenance, consolidated utility and service bills, insurance. and real estate taxes. based on the ratio of the square footage of the Premises
to the total square footage of the rentable spare in the entire property.
OR B. ($ (if checked) Paragraph 14 does not apply.
15. USE: The Premises are for the sole use as parking L C
No other use is permitted without Landlord's prior written consent. If any use by Tenant causes an increase in the premium on Landlord's existing
property insurance. Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises.
16, RULESIREGULAMNS: Tenant agrees to comply with all rules and regulations of Landlord (and if applicable, Owner's Association) that are at any
Time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do riot. disturb, annoy.
endanger, of interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to.
using, manufacturing, selling, storing, or transporting illicit drugs or Other contraband. or violate any law or ordinance, or committing a waste or
nuisance on of about the Premises. .
17. MAINTENANCE:
A. Tenant OR ❑ (If checked, Landlord) shalt professionally maintain the Premises including heating, air conditioning, electrical, plumbing and
water systems, if any, and keep glass. windows and doors in operable and safe condition. Unless Landlord is checked. if Tenant fails to maintain
the Premises. Landlord may contract for or perform such maintenance. and charge Tenant for Landlord's cost.
B. Landlord ORD (if checked, Tenant) shall maintain the rdof, foundation, exterior Wallis, common areas and Parking lot 52021 be in
Landlord's Initials y ( )
Tenants Initials ( ) { ) w
r
Copyright ® 1998-2007, CALIFORNIA ASSOCIATION OF REALTORS®. INC. Reviewed by Date tm'n.ouwc
CL REVISED 04106 (PAGE 2 of 6) moomunry
COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6) Pon Restauran
■In
Rear parking lot of 2865 and 2867 E Coast Hwy, Corona del
Premises: Mar, CA 92625 Date .Yore 19, 2009
18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs. without Landlord's
prior written consent, which shall not be unreasonably withheld. Any alterations to the Premises shall be done according to Law and with required
permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option. may post a
Notice of Non - Responsibility to prevent potential liens against Landlord's interest in the Premises. Landlord may also require Tenant to provide
Landlord with lien releases from any contractor performing work on the Premises.
19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility, Landlord
shall be responsible for any other alterations required by Law.
20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed
repairs, alterations, or improvements. or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants.
mortgagees, lenders. appraisers. or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient
notice. In an emergency. Landlord or Landlord's representative may enter Premises at any time without prior notice.
21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 90
(or M NA ) day period preceding the termination of the agreement.
22. SUBLETTING)ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises. or assign or transfer this agreement or any interest in
it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting.
assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant. operation of law, or otherwise, shall be null
and void, and. at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an
application and credit information for Landlord's approval, and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's
consent to any one sublease. assignment, or transfer, shalt not be construed as consent to any subsequent sublease. assignment. or transfer. and
does not release Tenant of Tenant's obligation under this agreement.
23. POSSESSION: If Landlord is unable to deliver possession of Premises on Commencement Date. such dale shall be extended to the date on which
possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord is unable to
deliver possession within 60 (or ❑ ) calendar days after the agreed Commencement Date. Tenant may terminate this agreement by
giving written notice to Landlord, and shall be refunded all Rent and security deposit paid.
24. TENANTS OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall. (i) give Landlord all copies of all keys or
opening devices to Premises, including any common areas, (ii) vacate Premises and surrender it to Landlord empty of all persons and personal
property: (iii) vacate all parking and storage spaces: (iv) deliver Premises to Landlord in the same condition as referenced in paragraph 11: (v)
clean Premises: (vi) give written notice to Landlord of Tenant's forwarding address: and (vii)
All improvements installed by Tenant. with or without Landlord's consent, become the property of Landlord upon termination. Landlord may
. nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant.
25. BREACH OF CONTRACTIEARLY TERMINATION: In event Tenant, prior to expiration of this agreement, breaches any obligation in this agreement,
abandons the premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by
paragraph 24. Tenant shall also be responsible for lost rent, rental commissions, advertising expenses, and painting costs necessary to ready
Premises tot re- rental. Landlord may also recover from Tenant: (i) the worth, at the time of award, of the unpaid Rent that had been earned at the time
of termination: (ii) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after expiration until the time
of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided: and (iii) the worth, at the time of award, of
the amount by which the unpaid Rent for the balance of the tern after the time of award exceeds the amount of such rental loss that Tenant proves
could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long as Landlord does not terminate Tenant's right to
possession, by either written notice of termination of possession or by relenting the Premises to another who takes possession. and Landlord may
enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as it becomes due.
26. DAMAGE TO PREMISES: If, by no fault of Tenant. Premises are totally or partially damaged or destroyed by fire. earthquake. accident or other
casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete
such restoration within 90 days from the date of damage, subject to the terms of this paragraph, this agreement shall remain in full force and effect If
Landlord is unable to restore the Premises within this time. of if Landlord elects not to restore. then either Landlord or Tenant may terminate this
agreement by giving the other written notice. Rent shall be abated as of the date of tlamage. The abated amount shall be the current monthly Base
Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired. then Rent shall be reduced based on the extent
to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests. only
Landlord shall have the right of termination, and no reduction in Rent shall be made.
27. HAZARDOUS MATERIALS: Tenant shall not use. store, generate, release or dispose of any hazardous material on the Premises or the property of
which the Premises are part. However. Tenant is permitted to make use of such materials that are required to be used in the normal course of
Tenants business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of
removal and remediation. or any clean -up of any contamination caused by Tenant.
28. CONDEMNATION: If all or part of the Premises is condemned for public use, either parry may terminate this agreement as of the date possession is
given to the condemner. All condemnation proceeds, exclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures.
belong to Landlord.
29. INSURANCE: Tenant's personal property, fixtures. equipment, inventory and vehicles are not insured by Landlord against loss or damage due to fire,
theft, vandalism, rain, water, criminal or negligent ads of others, or any other cause. Tenant is to carry Tenant's own property insurance to protect
Tenant from any such loss. In addition, Tenant shall carry liability insurance in an amount of not less than S 1, 000, 000.00 . Tenant's liability
insurance shall name Landlord and Landlord's agent as additional insured. Tenant, upon Landlord's request, shall provide Landlord with a certificate
of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, in an amount of at least
$ 1,000,00'0.00 , plus property insurance in an amount sufficient to cover the replacement cost of the property. Tenant is advised to carry
business interruption insurance in an amount at least sufficient to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain
a policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for
loss or damage covered by insurance.
Landlord's Initials ( ) ( )
Tenants Initials ( ) ( )
Copyright m 1998 -2007. CALIFORNIA ASSOCIATION OF REALTORS®, INC. Reviewed 6y Date [uuy xouwr.
CL REVISED 04106 (PAGE 3 of 6) 11.01YN1TI
COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6) Pon Restauran
41
Rear parking lot of 2865 and 2867 E Coast Hwy, Corona del
Premises: Mar CA 92625 Date June 19, 2009
30, TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate). delivered to
Tenant by Landlord or Landlord's agent. within 3 days after its receipt. The tenancy statement shall acknowledge that this agreement is unmodified
and In full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (i) shall be deemed Tenant's
acknowledgment that the tenancy statement is true and correct. and may be relied upon by a prospective lender or purchaser; and (ii) may be treated
by Landlord as a material breach of this agreement. Tenant shall also prepare. execute. and deliver to Landlord any financial statement (which will be
held in confidence) reasonably requested by a prospective lender of buyer.
31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement. Landlord
will be released of any further obligation to Tenant regarding the security deposit, only if the security deposit is returned to Tenant upon such transfer.
or if the security deposit is actually transferred to the transferee. For all other obligations under this agreement. Landlord is released of any forther
liability to Tenant, upon Landlord's transfer
32. SUBORDINATION: This agreement snail be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first
mortgage subsequently placed upon the real property of which the Premises are a part. and to any advances made on the security of the Premises.
and to all renewals, modifications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered into
after execution of this agreement. Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as
Tenant pays the Rent and observes and performs all of the provisions of this agreement. unless this agreement is otherwise terminated pursuant to its
terms. if any mortgagee. trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien of a mortgage. deed of
trust, or ground tease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust. or ground lease. of the
date of recording.
33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate.
Tenant authorizes Landlord and Brokers) to obtain Tenant's credit report at time of application and periodically during tenancy in connection with
approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (i) before occupancy begins, upon disapproval of the
credit report(s): or (it) at any time, upon discovering that information in Tenanrs application is false, A negative credit report reflecting on Tenant's
record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this agreement.
34. DISPUTE RESOLUTION:
A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreement. or any resulting transaction.
before resorting to arblualron or court action, subject to paragraph 348(2) below, Paragraphs 348(2) and (3) apply whether or not the arbitration
provision is initialed. Mediation fees, if any, shall.be divided equally among the parties involved. It for any dispute or claim to which this paragraph
applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has
been made, then that party shall not be entitled to recover attorney fees. even if they would otherwise be available to that parry in any such action.
THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
8. ARBITRATION OF DISPUTES: (1) Tenant and Landlord agree that any dispute or claim in Law or equity arising between them out of this
agreement or any resulting transaction, which is not settled through mediation, shall he decided by neutral, binding arbitration,
including and subject to paragraphs 348(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5
years of real estate transactional law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in
accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of
the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. The
parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05.
(2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder: (i) a
judicial or non - judicial foreclosure or other action of proceeding to enforce a dead of trust. mortgage. or installment land sale contract as defined in
Civil Code §2985: (if) an unlawful detainer action, (fii) the filing or enforcement of a mechanics lien: Irv) any matter that is within the jurisdiction of
a probate, small claims, or bankruptcy court: and (v) an action for bodily injury or wrongful death. or for latent or patent defects to which Code of
Civil Procedure §337.1 or §337.15 applies. The filing of a court action to enable the recording of a notice of pending action, for order of attachment
receivership. injunction, or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions.
(3) BROKERS: Tenant and Landlord agree to mediate and arbitrate disputes or claims involving either or both Brokers, provided either or both
Brokers shall have agreed to such mediation or arbitration, prior to, or within a reasonable time after the dispute or claim is presented to Brokers.
Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the agreement.
"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT
POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE
BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE
RIGHTS ARE SPECIFICALLY INCLUDED IN THE'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE
TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."
"WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL
ARBITRATION."
I Landlord's Initials _. / Tenant's Initials lf-Til / _ I
Landlord's Initials } ( )
Tenants Initials (X ) ( }
:opynght 0 1998 -2DD7, CALIFORNIA ASSOCIATION OF REALTORS®, INC. Reviewed by Date [uu x[tswc
:L REVISED 04!06 (PAGE 4 of 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 4 OF 6) Pon Rn 14urw
11
Rear parking lot of 2865 and 2867 E Coast Hwy, Corona del
Premises: Mar CA 92625 Date June 19, 2009
35. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant. each one shall be individually and completely responsible for the
performance of all obligations of Tenant under this agreement, jointly with every other Tenant, and individually, whether or not in possession.
36. NOTICE: Notices may be served by mail. facsimile, or courier at the following address or location. or at any other location subsequently designated:
Landlord: Legacy Property Hanagemeat Tenant:Porc Restaurant / Ali Zadeh
440 HeIiocrope Ale
Tustin CA 92681 Corona del Hai CA 92625
Notice is deemed effective upon the earliest of the following: (i) personal receipt by either patty or their agent: (ii) written acknowledgement of norice: or
(iii) 5 days after mailing notice to such location by first class mail, postage pre -paid.
37. WAIVER: The waiver of any breach Shall not be construed as a continuing waiver of the same breach or a waiver of any subsequent breach.
36. INDEMNIFICATION: Tenant shall indemnify, defend and hold Landlord harmless from all claims. disputes, litigation, judgments and attorney fees
arising out of Tenant's use of the Premises.
39. OTHER TERMS AND CONDITIONSMUPPLEMENTS: 1. Prior to caa®encement of lease, Tenant agrees to provide landlord
with certificate of General Liabilty Inaurdnce nemiog LEGACY PROPERTY HANAGEASENT, BOB AND HARZLYN IaNLEY,
JASON N ADORE SHIRLEY P HCCUISTION PIANTANIDA AND BRIAN C PIANTANZDA SUCCESSOR CO- TRUSTEE AS ADDITIONAL
INSURED BY HEANS OF AN ENDORCF.`ENT AT LEAST AS BROAD AS THE INSURANCE SERVICE ORGANIZATIONS'S "ADDITIONAL
INSURED- "QGERS OR LESSORS OF PRWf1SES ". ENDORcmlENT AND COVERAGE SHALL ALSO BE EXTEwnvn TO INCLUDE DAJ^
CAUSED BY HEAT SMOKE OR FUNS FROM HOSTILE FIRS. 1'f>E POLICY SBALL NOT CONTAIN ANY- INSVRED EXCLUSIONS AS
BETWEEN INSURED PERSONS OR ORGANIZATIONS, BUT SHALL INCLUDE COVERARGE FOR LIABILITY ASSUNE'D UNDER THIS LEASE
AS "INSURED CONTRACT" FOR THE PERFORMANCE OF LESSEE'S INDEHNZTY OBLIGATIONS LWOW THIS LEASE. FAILURE BY
TENANT TO HAINTAZN THIS GENERAL LIABILITY INSURANCE WZTN ADDITIONAL NAMED INSURED SHALL CONSTIaM A BREACH AND
TERHTHATE THIS AGREE)> tT IAMEDZATELY.
2 Tenant agrees to deliver parking lot in clean condition bV 7AA each day. All beverage containers and
cigerett butts are to be removed at tenants expense. Failure to comply by tenant shall be deemed breach of
contract. Landlord 'will notify tenant in writing of any violation of this provision and a 2nd violation will
be deemed a breach of C=tract and terminate this lease.
3 Landlord reserves right to issue a 30 day notice to tenant at any time during e2uz lease period.
.. The following ATTACHED supplement5lexhibits are incorporated in this agreement:
40. ATTORNEY FEES: In any action or proceeding arising out of this agreement. the prevailing party between Landlord and Tenant shall be entitled to
reasonable attorney fees and costs from the non- prevailing Landlord or Tenant. except as provided in paragraph 34A.
41. ENTIRE CONTRACT: Time is of the essence. All prior agreements between Landlord and Tenant are incorporated in this agreement. which
constitutes the entire contract. It is intended as a final expression of the parties' agreement, and may not be contradicted by evidence of any pnor
agreement or contemporaneous oral agreement. The parties further intend that this agreement constitutes the complete and exclusive statement of its
terms, and that no extrinsic evidence whatsoever may be Introduced in any judicial or other proceeding, if any, involving this agreement. Any provision
of this agreement that is held to be invalid shall not affect the validity or enforceability of any other provision in this agreement. This agreement shall
be binding upon, and inure to the benefit cf, the heirs, assignees and successors to the parties.
42. BROKERAGE: Landlord and Tenant shall each pay to Brokers) the fee agreed to. if any, in a separate written agreement. Neither Tenant nor
Landlord has utilized the services of, or for any other reason owes compensation lo. a licensed real estate broker (individual or corporate). agent,
finder, or other entity, other than as named in this agreement, in connection with any act relating to the Premises, including. but not limited to,
inquiries. introductions, consultations, and negotiations leading to this agreement. Tenant and Landlord each agree to indemnify, defend and hold
harmless the other, and the Brokers specified herein, and their agents, from and against any costs. expenses. or liability for compensation ctalmed
inconsistent with the warranty and representation in this paragraph 42.
43. AGENCY CONFIRMATION: The following agency relationships are hereby confirmed for this transaction:
Listing Agent: No Real Estate Brokerage Involved (Print Finn Name) is the agent of
(check one):
Q the Landlord exclusively, or O both the Tenant and Landlord.
Selling Agent: No Real Estate Brokerage Involved (Print Firm Name) (if not same as Listing Agent) is the agent of
(check one): ❑ the Tenant exclusively; or ❑ the Landlord exclusively: or O both the Tenant and Landlord.
Real Estate Brokers are not parties to the agreement between Tenant and Landlord.
Landlord's Initials ( ) ( )
Tenant's Initials
:opyright ®1998- 2007, CALIFORNIA ASSOCIATION OF REALTORS®. INC. Rev ewed by Date aw»xaa
:L REVISED 04106 (PAGE 5 of 6) ovroara «nr
COMMERCIAL LEASE AGREEMENT (CL PAGE 5 OF 6) Pon Rcstauran
C
Rear parking lot of 2865 and 2867 E Coast Hwy, Corona del
premises: Mar CA 92625 Date June 19, 2009
Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Premises; (ii) cannot
verify representations made by others; (iii) will not verify zoning and land use restrictions; (iv) cannot provide legal or tax
advice; (v) will not provide other advice or information that exceeds the knowledge, education or experience required to
obtain a real estate license. Furthermore, if Brokers are not also acting as Landlord in this agreement, Brokers: (vi) do not
decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other
terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance, and other desired assistance from
appropriate professionals.
Tenant
Date b
port Rog Satai,gnf / R7.i Zadeh
(Print Name(
Address City Coron del Mar .State CA Zip 9 625
Tenant �d1r
(Print Name)
Address City State Zip
Address _
Telephone
Fax
City
E-mail
State Zip
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR I NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by me enure real estate Industry. It is not intended to identify the user as a REALTOR® REALTOR® is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subsoibe to its Code of Ethics
EAtI S Disfaihuted by. ub
R
REAL ESTATAT E BUSINESS SERVICES. INC.
a subsidiary of fie Ca6fwnis Association of REALTORS®
` 525 %A Vito Avow. Los Angeles, California 90020 Reviewed by Date
CL REVISED 04106 (PAGE 6 OF 61
COMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 6) Port Rmauran
Landlord
Date .4- 2 '1 C !
—�
<own r a nt th a r @y to enter into this agreement)
Legacy Property Managemen t
Address
IV
City Tustin
State CA_,_ Zip 92681
Landlord
Date
(owner or agent with authority to enter into this agreement)
Address
City
State Zip
Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this agreement are not a parry to the agreement between
Landlord and Tenant.
Real Estate Broker (Leasing Firm) No Real Ss to to Brokerage
Involved
DRE Lic. #
By (Agent)
ORE Lic. #
Date
Address
City
State Zip
Telephone Fax
E -mail
Real Estate Broker (Listing Firm) No Real Estate Brokerage
Ia a1 ad
ORE Lic. #
Rv tAoenn
ORE Lic. #
Date
Address _
Telephone
Fax
City
E-mail
State Zip
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR I NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by me enure real estate Industry. It is not intended to identify the user as a REALTOR® REALTOR® is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subsoibe to its Code of Ethics
EAtI S Disfaihuted by. ub
R
REAL ESTATAT E BUSINESS SERVICES. INC.
a subsidiary of fie Ca6fwnis Association of REALTORS®
` 525 %A Vito Avow. Los Angeles, California 90020 Reviewed by Date
CL REVISED 04106 (PAGE 6 OF 61
COMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 6) Port Rmauran
Attachme` o. PC 13
Correspondence R A ed
161
�ba
Attachment No. CC 4
09/17109 Planning Commission
Staff Report
163
)bq
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 17, 2009
Agenda Item 2
SUBJECT: Port Restaurant & Bar
440 Heliotrope Avenue - PA2009 -080
• Amendment to Use Permit No. 1566
• Off -Site Parking Agreement No. OP2009 -003
APPLICANT: Ali H. Zadeh
PLANNER: Patrick J. Alford, Planning Manager
(949) 644 -3235, Palford(a)newportbeachca.gov
DISCUSSION
This item was continued from the August 20, 2009, Planning Commission meeting at
the request of the applicant.
The applicant's cover letter was inadvertently not included as part of the previous staff
report. It is now provided as Attachment No. PC 1.
Staff has not received any additional information that would warrant revising the original
recommendation for denial.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt resolution denying an amendment to Use Permit No. 1566 and denying Off-
Site Parking Agreement No. OP2009 -003. (Attachment No. PC 2)
Prepared by:
atri J. Alford, Plan ing Manager
ATTACHMENTS
PC 1 Applicant's cover letter
ern
Submitted by:
David Lepo, Plan g Director
[6 (o
Attachment No. PC I
Applicant's cover letter
Jb1
VIM N 9
MALI Y
u , Lim
440 Heliotrope Avenue, Corona del Mar, CA 92625
Tel: (949) 723 -9685 Fax: (949) 723 -9687
Web: www.portcdm.com
Friday, May 08, 2009
City of Newport Beach
Planning Department
3300 Newport Blvd,
Newport Beach, California 92658
Dear Sirs/Madams:
I, Ali H. Zadeh, proprietor of Port Restaurant and Bar located at 440 Heliotrope Ace,
Corona del Mar, CA, would like to inform city of Newport Beach of some modifications
to current its conditional use permit that has been in force since 1977.
In general, these modifications are very essential and vital for proper and continued
operation of Port Restaurant/Bar as a quality establishment and a true partner of the
Corona del Mar community of businesses and residents.
I have lived in Orange County since 1980 and been a homeowner is Corona del Mar since
2002.1 have known the location of 440 Heliotrope since its days as Trees, Mistral and
Svelte. The location has always been somewhat of a locals favorite and it has been my
true pleasure to restore its image and witness its growth by making it a true favorite of
many locals regardless of age groups since it opened in January of 2007 for its high
standard of service and quality of its food.
My personal vision is for Port to continue on as a quality establishment to enrich the
experiences from residents as well as becoming a tourist attraction and a dining
destination for visitors of the great Village of Corona del Mar
The proposed tenant improvement plan improves crowd flow and will eliminate
crowdedness in one area and actually creates a wider hallway and improved access to
emergency doors.
(;6 1
With approval of the proposed plan, Port will extend its kitchen hours by one hour to
accommodate guests. better circulation plan to avoid crowdedness, will allow people to
sit in the dining room and entire food menu can be served throughout our operation from
opening to closing. We serve food throughout the restaurant till 10:30PM on weekdays or
11:30PM on weekends but offer a very extensive, moderately priced and easier to serve
called "Lounge Menu" till later to accommodate late arrivals while the kitchen is being
broken down. (All of the menus are attached)
I have managed this project personally from its inception and have been very
consciousness of its unique position in center of the village and its place in people's
hearts. The best interest of the community has always been a main focus of Port.
The Restaurant has been involved in many city wide culinary events (3 times in Newport
Beach Restaurant Week, 2 Times in Taste of Newport Beach, Orange County Restaurant
Week among others) as well as hosting and donating to many local corporate seminars
and charitable functions including EHG Fund, Women Helping Women, Sound of Music,
Harbor View Elementary School, Lighthouse Guild, Sophisticates of ATSC, Irvine
Charity League, Full Circle Learning to name a few.
During these though economic times, these proposed changes in our use permit are vital
to keep Port open and it's thrive to excellence for years to come and to become a true
.partner with the community, Corona del Mar Business Improvement District and City of
Newport Beach as well as providing employment to its qualified team members.
I would also like to address the recent letters sent by City Manager's office on February
19"' (Code Enforcement) and Administrative Services (Revenue Division) on March 2"4,
2009 by means of this letter.
Best Regards,
Ali H. Zadeh
Attachments:
Planning Department Application
Proposed Diagram ofModifications
Copies of New Parking Lot Lease Agreements and Insurance
City Manager's Letter, Dated Feburary 19'", 2009
Administrative Services Letter, Dated March 2, 2009
1 !D
PROJECT DESCRIPTION
REMODEL EXISTING FIRST FLOOR PLAN TO ACHIEVE A BETTER FLOW OF
CIRCULATION THROUGHOUT THE ENTIRE RESTAURANT. THIS WILL
INCLUDE MINIMAL DEMOLATION TO NON LOAD BEARING WALLS AND
CONVERSION OF EXISTING WINDOWS AND IMPROVING OF ONE DOOR
SYSTEM.
A NEW DOOR WILL BE ADDED AT THE FRONT PATIO ENTRY TO ACHIEVE
BETTER CROWD CONTROL AND FURTHER MINIMIZE SOUND FROM THE
RESTAURANT.
A PLATFORM STAGE WITH ACOUSTCAL WALL AND CELING PANELS WILL
ALSO BE INTEGRATED INTO THE EXISTING FIRST FLOOR PLAN AS A WELL
SOUND INSULATED ENTERTAINMENT AREA.
ll�,
SUGGESTED BUILDING MODIFICATIONS WITH PICTURES
Please see attached photographs for these suggested modifications along with attached
floor plan.
1. Addition of Door in the front Arch way
For Security and Reinforcing the Noise Control
2. Changing the Entry Door System to Atrium
) J..5
To avoid overcrowdings in the hallways and aisles
3. Conversion of Window to Door for Circulation from Lounge to Dining Room
Conversion of an existing window in our atrium area to a door so on later hours of
the night it can be opened to help people to flow in the dining room to avoid
crowdedness in the lounge area and to help us serve food in the dining room.
4. Conversion of Window to Stackable Door for Entertainment Area (OUTSIDE)
IIq
5. Conversion of a portion of dining room to Entertainment Area (INSIDE)
With Acoustic Panels and Tile if needed
6. Removal of the wall in the Lounge Area
To create a wider hallway and to help in the flow in the
very narrow area this will eliminates the toilet in the secondary
Men's room but leaving sink area as well as urinals.
Please note previous build out included a set of
ADA approved bathrooms in the front of the restaurant as well.
7. Continuation of Side Fence for Noise Reduction and Security
I Ilv
Hours of Operation
Closing Time
Current permit dated back in 1977 stipulates that the restaurant operates between 5:30PM
to 12:00 Midnight on daily basis and we would like to amend the closing hours to better
accommodate the patrons so they are not rushed into streets all at once and we could
serve food till later as currently many of clients leave our premises hungry as we have to
close the kitchen around 1 IPM to accommodate closing at Midnight.
Times have changed dramatically in the past thirty years. The style of living, social
networking needs as well of the state of the economy should be noted. Corona del Mar
has become a favorite destination for people to live and visit and our goal has always
been to represent the village in the most professional and reputable manner to both
residents and visitors.
It should be also noted by us closing earlier than other bars and restaurants in the area, .
some late night guests will then start walking through the village to visit other
establishments because of their later hours instead of staying at Port and using public
transportation and. that could become a nuisance from a noise stand point as well their
safety and others crossing Pacific Coast Highway.
Over the past:30 months, Port has been very conscious about safety of our guests as well
as comfort otbur: neighbors by employing up to three staff member manning the front
door, and advisimg.:guest to exit quietly and arrange transportation when necessary. As you
could verify with Police records, Port has had the minimal amount of calls compared to
any other similar establishment throughout city of Newport Beach.
I would like to, request that our closing time to be extended by one hour to 1:00AM to
accommodate later food service and orderly exits so all guests are not rushed out of our
premises.
Brunch/Lunch Hours
We would like for the commission to approve amendment of our use permit to include
Sunday Brunch hours where we have exclusive right of our entire off -site parking.
There have been also tremendous requests for Port to be open for lunch especially on
Fridays and Saturdays. I realize that we do not have the exclusive parking arrangement
during those days but with lesser business activities, future proper parking improvements
and implementation of additional meters and enforcements prohibiting long term parking
by employees of all neighboring: businesses and residents, and the fact that Port can be a
walking destination for both residents and members of the business community for
commission to consider Port a parking waiver for a reduced lunch service on Fridays and
Saturdays as well.
h
Live Entertainment
From Jazz performances in Trees and Piano playing in Mistral to DJ Music of Svelte, the
location of 440 Heliotrope has always had entertainment as part of the venue.
Port has continued on to provide an enjoyable atmosphere of an array of entertainment.
Port's entertainment consists of Acoustic Music and Dj's from local artists. As it
currently stands the music plays at a very respectable, modest and reserved fashion level.
So it is even hard to hear it standing right outside of the Port's front door.
As far as any potential noise control we have retained services of HRA Environmental
Consultants, Inc. (httn:llwww.hracih.com) and their initial findings and sound
measurements were well within the city of Newport Beach ordinance. There will be a
separate report to follow from their firm next week with date and measurement levels.
We are willing to consult with. more professionals and obtain future recommendations
including proposed installation a new door in front Arch Way and integration of
acoustical panels for the new proposed entertainment area.
As added measures, Port also proposes to start a valet/security service for the leased lot
across the premises (copies of leases are enclosed as requested) and continuation of the
side glass wall for sound and security purposes.
Port. ownership and managemenihas always been consciousness about guests leaving
safely -and quietly in respect of neighbors as well as Port's reputation as a First class
establishment.
Port is a venue that groups love to use for special occasions, Bridal Showers, Engagement
Parties, Wedding Dinners, Birthday parties and networking events for both residence and
travelers from resorts, all of which love to have entertainment to enhance their event.
Cafe Dance Permit will also be very useful for us to be able to book those special events
such as weddings and birthdays as well as offering dancing on weekend nights given that
there will not be any noise traveling outside of the premises.
Both Applications for Live Entertainment and Cafe Dance Permit have been submitted
based on the instruction of the Code Enforcement Office to the revenue division on late
February and subsequently denied by their March 2nd, 2009 letter because of approved
use Permit. l would like to request that those applications to be kept open till the result of
the requested amendments.
Music and Entertainment.can further promote our image and business as the "best of both
worlds" (an award winning cuisine and very special lounge) With the proposed plan all
patrons can enjoy the entertainment while dining in the dining room or visiting the
lounge.
JI V
Ali H. Zadeh Biography
Ali H. Zadeh received his bachelor's degree in Electrical Engineering from University of
California, Irvine in 1983 and his master's degree in Computer Science Engineering from Long
Beach State University in 1985. He served as a member of faculty in the California State
University, Long Beach for 5 years where he taught various courses in Electrical and Computer
Science Engineering.
He was president and founder ofMedident Systems, a practice management software company
in Irvine, CA. During his eight -year stint from 1992 to 1999, his responsibilities included
managing the software development, customer support, consulting services, training, human
resources, and administration. His company was responsible for providing software solutions to
more than 500 dental customers,
In 1999, He founded EDI Health Group, Inc. (w ww.dentalxchanae.com) and served as President
and CEO until June of 2008. Currently he is serving as the chairman of the board of the same
corporation.
EDI Health Group has earned an industry -wide reputation for being the first to pioneer web -
based dental EDI solutions. In 2003, DentalXChange.com was acquired from a coalition of
major insurance companies and in 2007, DentalXChange earned EHNAC accreditation in order
to ensure optimal privacy and security in following HfPAA.protocol.
Sinee:its inception, EHG has maintained a depth of experience.and long -term perspective that is
rare among vendiirs in. this space. EHG has continued to be an innovator in claims management
technologies EDI Platforms and the real -time arena, and a technologically advanced supplier of
connectivity solutions in the areas of healthcare and financial transactions for patients, payers
and providers;
Today, the company maintains its corporate headquarters in Irvine, California and EHG has
grown to support a current client base of approximately 12,600 healthcare offices. EHG is only
one of the two independent clearinghouses in the country and has direct relationship and
connections to virtually all major insurance carriers in the country. Yearly, EDI Health Group
accounts for more than a staggering $4 billion in healthcare claims. Through its own
clearinghouse, W6CWWm and ClaimConnectTM portals, the company annually processes
nearly 20 million EDI transactions, consisting of more than 15 million in healthcare claims.
EDI Health Group, Inc. (EHG) established the EHG Fund officially in 2007 to assist institutions
and programs focusing. on quality of life issues in the areas of healthcare, education and human
services to improve the lives of men, women and children all over the globe. EHG experienced
the tragic loss of a beloved colleague in 2004. A school was founded in his hometown of
Madras, India, as tribute to his memory and the EHG fund was born. Since then, the fund has
exponentially grown to encompass and provide much needed education, healthcare and human
services to individuals of all ages internationally., Partnered with organizations such as the
Orange,County Community Foundation and Full Circle Learning Inc. among. others, we, seek
Ways to serve the needs of underserved individuals through strategic investments in excellent
charitable efforts globally. Currently EHG Fund is responsible for opening and continued
operation.of two schools in Madras, India and the rural community of Mokhotlong in African
kingdom of Lesotho.
0
m
Attachmbo. PC 2
Draft resolution n findings for denial
p-I
aaa
Attachment No. CC 5
Revised Project Plans
10
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Attachment No. CC 6
Applicant's Statement of Facts
1�1
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s.- s..,,.r�.. r, t
440 Heliotrope Avenue, Corona del Mar, CA 92625
Tel: (949) 723 -9685 Fax: (949) 723 -9687
www.portcdm.com
STATEMENT OF FACTS BY THE PORT RESTAURANT AND BAR IN SUPPORT OF
ITS APPLICATION FOR AMENDMENT TO USE PERMIT NO. 1566 ("USE PERMIT")
The Port Restaurant and Bar (the "Port") is an award winning four star eatery that offers fine
dining at reasonable prices for its guests and patrons. The majority of those patronizing the Port
are professionals and repeat customers. The Port proudly contributes to the diversity and culture
of the Corona del Mar village.
The Port has been a very welcomed addition to the community and supported by many of the
long -tern residents of the area. This is due largely to ongoing efforts and a commitment of the
Port management to cooperate with its residential neighbors to accommodate all reasonable
concerns involving the operation of the business in a manner respectful of their property rights.
The Port is also highly regarded by the surrounding business community. The Port has been an
active participant and sponsor in numerous civic functions, charitable causes and chamber and
city -wide events. (See Previously submitted letters of support from the Corona Del Mar and Newport
Chambers of Commerce, Corona Del Mar Business Improvement District and numerous Charitable
Organizations)
The Port employs 25 individuals who look to the Port for their livelihood. The Port also
contributes to the City, County and State through the payment of business, real property and
sales taxes. For example, the annual real estate tax for the Port site is more than $20,000.
The Port is first and foremost a restaurant offering food services during its hours of operation and
is NOT intended to be, nor does it operate as, a nightclub. However, in order to be competitive
with other restaurants in Corona del Mar and make the Port a viable economic business, The Port
has applied to continue providing live entertainment; operate the restaurant to extend the closing
hour from 12 :00 midnight to 1:00 a.m, on three nights a week; and to be able to serve lunch on
the weekends.
By providing lunch service, late night dining and tasteful background music in the form of live
entertainment (one person or duo acoustic /jazz) or a DJ making appropriate music selections to
enhance the dining experience, the Port hopes to attract additional patrons during these
challenging economic times.
To achieve our goal of staying in business, the Port has gone through an extensive and expensive
process for planning the re -model of the interior space and hiring additional staff to monitor and
control the conduct of those dining on the premises and the patrons leaving the restaurant and
exiting the area in their vehicles.
135
The proposed re -model as outlined in the initial project description is:
"REMODEL EXISTING FIRST FLOOR PLAN TO ACHIEVE A BETTER FLOW OF
PATRONS AND SERVERS CIRCULATION THROUGHOUT THE ENTIRE RESTAURANT.
THIS WILL INCLUDE MINIMAL DEMOLITION TO NON LOAD BEARING WALLS AND
CONVERSION OF EXISTING WINDOWS AND IMPROVING DOOR SYSTEMS,
A NEW DOOR WILL BE ADDED AT THE FRONT PATIO ENTRY TO ACHIEVE BETTER
CROWD CONTROL AND FURTHER MINIMIZE SOUND FROM THE RESTAURANT.
A PLATFORM STAGE WITH ACOUSTICAL WALL AND CEILING PANELS WILL ALSO
BE INTEGRATED INTO THE EXISTING FIRST FLOOR PLAN AS A PROTECTED
SOUND INSULATED ENTERTAINMENT AREA."
As it can be seen from above diagram, the entertainer area highlighted with red arrows, will
become visible throughout the dining room as well as the bar area to attract and stimulate more
business opportunity.
The Port has a three -year agreement for off -site parking for the required 40 spaces across
Heliotrope Avenue in the commercial building parking lot. (Parking Lease Was Previously
Submitted)
The Port conditional use permit expressly states at page 3, paragraph 3 that: "If the applicant
loses the use of the subject parking spaces at a later date and cannot obtain the required number
of parking spaces at another approved location, the net public area of the restaurant facility shall
be reduced so as not to exceed the net public area that currently exists on the site."
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As it can be seen from above diagram, the entertainer area highlighted with red arrows, will
become visible throughout the dining room as well as the bar area to attract and stimulate more
business opportunity.
The Port has a three -year agreement for off -site parking for the required 40 spaces across
Heliotrope Avenue in the commercial building parking lot. (Parking Lease Was Previously
Submitted)
The Port conditional use permit expressly states at page 3, paragraph 3 that: "If the applicant
loses the use of the subject parking spaces at a later date and cannot obtain the required number
of parking spaces at another approved location, the net public area of the restaurant facility shall
be reduced so as not to exceed the net public area that currently exists on the site."
2 q
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The Port is equipped with a camera surveillance system for monitoring the internal activities and
three new external night vision cameras were added to monitor parking lot and general area of
surrounding residences recently. The Port has continuously provided training of its managers,
and employees to ensure a respectful and safe control of its patrons and guests on the premises
and when departing the facilities.
These measures include training of managers by completing 'TIPS' alcohol class, refusal of
service of alcohol to minors and intoxicated patrons, enforcing dress code on Fridays and
Saturdays and having staff'present inside as well as at the front door at all times for checking
ID's, assisting in public transportation and maintaining peace by constantly reminding patrons to
respect the concerns of the residential neighbors. Our plan includes posting multiple signs giving
notice to our customers to remind them of this obligation as they enter and leave the Port. We
will also welcome any assistance from the City in regards to posting additional signs reminding
their close proximity to residential neighborhood.
3 l35
The Port is willing to retain services of a licensed security company to provide patrol service
during the hours of 10 p.m. to 1:00 a.m. as well as staffing the parking lot with additional
personnel to further prevent any potential issues.
There can be little question that these are difficult times for most businesses, particularly those
located in California. One need only survey the surrounding area to note the number of
establishments that have closed down. According to data from the Corona del Mar Business
Improvement District (BID), there are 102 businesses that have closed over the last three years.
Given that there are only 376 active businesses in CDM, that is an alarming statistics which the
Port does not want to become one o£ Furthermore, The BID has direct knowledge that at least 20
businesses closed within the last year due to bad economic conditions.
ADDITION OF ANEW FRONT DOOR FOR BETTER NOISE CONTROL AND SECURITY
A Rendition of Port Atrium after conversion of Windows to Bi -fold Doors
To create a better flow and Sound - insulated entertainment area
that will be visible from both dining room and bar areas.
H
136
SUMMARY OF REQUESTED MODIFICATIONS TO USE PERMIT
LIVE ENTERTAINMENT WITH NO DANCING
The Port's intention is to enhance offerings to our guests by providing an enjoyable dining
experience that is complimented with tasteful and eclectic array of background music performed
by local artists (one or two entertainers with no drums or loud instruments). On occasion, the
Port will employ a DJ to offer low -key music selections.
All of the sound studies by the acoustical professionals hired by the Port and in presence of taw
enforcement officers, conducted in its present configuration without any modifications to the
building have shown noise levels below City of Newport Beach noise ordinance standards at
residences closest to the Port. This is the case even when the DJ /live music was playing at 100dB
inside and all interior doors and windows were left open. These measurements were also
confirmed to be compliant with the City's noise standards during a second sound test taken at the
residences of neighbors that had registered a complaint concerning noise. (All Sound Tests Were
Previously Submitted)
The Port will take additional measures to ensure future protection to maintain the peace and quiet
in the area. These measures include the redesign of the sound system and installing acoustical
panels to maintain legal noise levels so the neighborhood is not adversely impacted. (See
Attached) Additionally, a new front door will be installed at the front archway and more staff
will be present at the leased parking lot.
HOURS OF OPERATION
Ability to be open for lunch for Weekends
Due to numerous requests for the Port to be open for lunch, we would like for the City to
approve an amendment of the use permit to include Saturday and Sunday Brunch/Lunch Hours.
Extension of the closing time by one hour from midnight to 1:00 a.m.
Because of small dining room size (40 Seats), fine dining nature of cuisine and our philosophy of
not rushing the guests we have been able to serve food in our dining room historically till
10:00 p.m. or 10:30 p.m. Our future plan is to be able to provide a second seating for late diners
to allow us to offer food till 12:30 a.m and close the business in a non- rushed environment.
Closing at 1:00 a.m. will allow the Port management and personnel to control those departing the
restaurant to do so in a more gradual and controlled manner thereby eliminating negative impacts
to the neighborhood.
Live entertainment has always been a part of the attraction of the previous restaurants operating
at the Port site. In these stressful times, it seems more important than ever for people to have a
place to go to relax and take their minds off the pressures of the day. The Port seeks to provide
such an tasteful environment with good food, responsible offering of alcoholic beverages, and
pleasant background music.
The Port does not seek the introduction of "DANCING" at the restaurant. There is no intention
of the Port becoming a "NIGHTCLUB."
In an effort to address some concerns while being able to stay in business, the Port is also
modifying the application to limit extension of the closing hours to be limited to three days of the
week. (Thursday thru Saturday)
The Port has demonstrated that the proposed amendments to its Use Permit are reasonable and
will not be detrimental to the public health, safety, peace, morals, comfort or welfare of persons
residing or working in or adjacent to the Port.
The Port is respectfully requesting the City Council to approve its application to amend Use
Permit No. 1566.
Dated: October 23rd, 2009
Respectfully Submitted,
Z° r
Ali H. Zadeh
Port Restaurant and Bar
440 Heliotrope Ave.
Corona del Mar, CA 92625
.1
1)�
Ali H. Zadeh Biography
Ali H. Zadeh received his bachelor's degree in Electrical Engineering from University of California,
Irvine in 1983 and his master's degree in Computer Science Engineering from Long Beach State
University in 1985. He served as a member of faculty in the California State University, Long Beach for 5
years where he taught various courses in Electrical and Computer Science Engineering.
He was president and founder of Medident Systems, a practice management software company in Irvine,
CA. During his eight -year stint from 1992 to 1999, his responsibilities included managing the software
development, customer support, consulting services, training, human resources, and administration. His
company was responsible for providing software solutions to more than 500 dental customers.
In 1999, He founded EDI Health Group, Inc. (www.dentalxehanae.com) and served as President and
CEO until June of 2008. Currently he is serving as the chairman of the board of the same corporation.
He has lived in Orange County since 1980 and been a homeowner is Corona del Mar since 2002. He
started Port Restaurant project in 2006 by acquiring the real estate property of 440 Heliotrope that housed
many favorite restaurants including Pirates Inn, Trees, Mistral and Svelte in the past. The location has
always been a locals favorite and it has been a great pleasure for Mr. Zadeh to restore its image and
witness its growth by making it a true favorite of many locals regardless of age groups since it opened in
January of 2007 for its high standard of service and quality of its food. He has managed this project from
its inception because of its unique position in center of the village and its place in people's hearts.
Mr, Zadeh has been serving on Corona del Mar Business Improvement District for the past two years as
an advisory board member because of his passion for Port Restaurant to be a positive element in Corona
del Mar and Newport Beach in general servicing local residents and other guests in a very classy and
prestigious manner.
EDI Health Group has earned an industry-wide reputation for being the first to pioneer web -based dental EDJ
solutions. In 2003, DenudYChange.com was acquired from a coalition of major insurance companies and in 2007,
Since its inception, EHG has maintained a depth of experience and long -term perspective that is rare among
vendors in this space. EHG has continued to be an innovator in claims management technologies, EDI
platforms and the real -time arena, and a technologically advanced supplier of connectivity solutions in the
areas of healthcare and financial transactions for patients, payers and providers.
Today, the company maintains its corporate headquarters in Irvine, California and EHG has grown to support
a current client base of approximately 12,000 healthcare offices- EHG is only one of the two independent
clearinghouses in the country and has direct relationship and connections to virtually all mgior insurance
carriers in the country. Yearly, EDI Health Group accounts for more than a staggering $4 billion in
healthcare claims. Through its own clearinghouse, WeliClaimrM and ClaimConnectr'" portals, the company
annually processes nearly 20 million EDI transactions, consisting of more than 15 million in healthcare
claims.
EDI Health Group, Inc (EHG) established the EHG Fund officially in 2007 to assist institutions and programs
focusing on quality of life issues in the areas of healthcare, education and human services to improve the lives
Of men, women and children all over the globe. EHG experienced the tragic loss of a beloved colleague in
2004. A school was founded in his hometown of Madras, India, as tribute to his memory and the EHG fund
was born Since then, the fund has exponentially grown to encompass and provide much needed education,
healthcare and human services to individuals of all ages internationally. Partnered with organizations such as
the Orange County Community Foundation and Full Circle Learning Inc. among others, we seek ways to serve
the needs of underserved individuals through strategic investments in excellent charitable efforts globally.
Currently EHG Fund is responsible far opening and continued operation of two schools in Madras, India and
the rural community ofMokhotlong in African kingdom of Lesotho.
3�
��iv
L L C R A F T
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A SOUND SOLUTION.... WITHOUT COMPROMISE
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Port Restaurant
Acoustical Panels
To: Ali Fax #:
Company: Port Rest Pages:
From: Erik Hite
Re: Acoustical Panels
i
Q Urgent o For Review u Please Comment u Please Reply
s Fabric Wallcraft advises Port Restaurant to do the following for i
the Sound Absorption and noise control:
Walls
Fabric Wallcraft recommends using a 1" Acoustical Panel with a
1/8" Vinyl Sheet underneath to help stop Sound Transmittance
through the Walls in the Entertainer Area.
Ceilings
Fabric Wallcraft recommends installing a V Acoustical Panel to
the ceiling in the Entertainer Area to help keep the Sound Echo
down.
Please review attached specifications for the Fiberglass and
FabriBlok proposed for the Walls and Ceilings.
Thank You,
Erik Hite
Fabric Wallcraft
Coraorate Office
2921 E. La Palma Ave., Anaheim, CA 92806
(800) 61 50516 - (714)(>32 -8373 FAX (714)632 -8365
Caldomia Contractor License #486347
www.fabricwalicraft.com
)qa
Fiber -Sol
Fiberglass Solutions for Acoustical &Thermal Use
Specification Sheet for Acoustical Based Board
I. PRODUCT DESCRIPTION
The product is composed of inorganic glass fibers bonded together with a special thermosetting resin/
binder and formed into semi -rigid and rigid rectangular boards. These boards are available in a variety
of densities (3.0 to12.0 lbs. /cu.$.) and thickness (1/2" to 4 "). Acoustical Based Board can be produced
with a smooth sanded surface on one or both sides and can also be laminated in -line with a variety of
facings / vapor barriers.
II. PRODUCT USES & BENEFITS
Acoustical Based Board is a structurally rigid board -type insulation ideal for applications requiring
strength, abuse resistance and good appearance. Fabricators who convert the material into finished
acoustical insulation product use it for fabric wrapped acoustical panels, baffles, office furniture,
partitions, tackboards, stretch -fabric wall systems and ceiling panels. It is also ideal for die - cutting uses
where resiliency and dimensional stability are crucial for fabricating thermal and acoustical components.
Acoustical Based Board provides excellent acoustical and thermal properties, is lightweight and resilient
and can be easily cut with a variety of saws and blades.
III. III. PRODUCT CHARACTERISTICS
Acoustical Based Board is essentially odorless and does not contain substances that provide sustenance
for mold or bacteria growth (ASTM C 1338). This product is also non - corrosive (ASTM C 665). The
product is humidity resistant under normal temperature and pressure conditions and does not support
fungi or vermin. Note that although the product itself contains no substances that would support the
growth of fungi, there is no guarantee that fungi would not appear in the condition of a pre - contaminated
insulating surface.
IV. TECHNICAL DATA
• Fire Resistance: FHC 25/50 (ASTM E 84 & UL 723)
• The Thermal Resistance Values (page 2) were tested in accordance with ASTM C 518.
• The Noise Reduction Coefficients (page 2) were tested in accordance with ASTM C 423.
• The maximum service temperature is 450° F / 232° C (ASTM C 411).
• Water Vapor Sorption: < 2% by weight (ASTM C 1104).
• Applicable Material Standards (ASTM C 612, Type IA and Type 1B).
• Dimensional Stability: Linear Shrinkage < 0.1 %.
V. WARRANTY
Inasmuch as Fiber -Sol has no control over the installation design, workmanship, accessory materials, or
conditions of application, Fiber -Sol does not warrant the performance or results of any installation
containing its products.
11-1\
Acoustical Based Board Specification,
Page 2 of 2.
Acoustical Performance
Density
Thickness
Absorption Coefficients P Octave Band Frequency (Hz)
1 PCF
Inches
mm
125
250
500
1000
2000
4000
NRC
3.0
.50
12.7
0.03
0.11
0.36
0.65
0.79
0.88
0.50
1 .23
1.0
25.4
0.11
0.28
0.68
0.90
0.93
0.96
0.70
1.5
38.1
0.11
0.43
0.93
0.98
0.96
0.97
0.80
2.0
50.8
0.17
0.86
1.14
1.07
1.02
0.98
1.00
1
76.2
0.41
0.96
1.13
1.03
1.03
1.02
1.05
4.0
101.2
0.75
1.18
1.09
1.00
1.00
1 1.02
1.05
4.0
1.0
1 25.4
0.14
0.27
0.67
090
0.95
1.02
.75
2.0
50.8
0.16
0.67
1.02
1.00
1.04
0.98
1.00
6.0
.50
12.7
0.11
0.13
0.37
0.75
0.90
0.97
0.55
1.0
25.4
0.12
0.52
0.68
0.87
0.93
0.99
0.75
1.5
38.1
0.17
0.50
0.98
1.02
0.95
0.97
0.95
10
50.8
0.16
031
1.02
I01
0.98
0.98
0.95
10.0
.50
12.7
0.00
0.00
.47
1.00
1.18
1.09
0.60
1.0
25.4
0.01
022
0.68
1.03
1.13
1.06
0.75
Thermal Conductivi k
Density / PCF
K Vaule = Btu•inJ hr.•ft. • °F
75° Mean
100° Mean
200° Mean
30Q° Mean
3.0
.23
.23
.28
.36
4.0
.23
.23
.28
.35
6.0
.22
.23
.27
.33
10.0
.22
1 .23
27
.30
Tolerances
Densi F
Thickness
Width
Len th
3.0 through 12.0
1 t1 /16" or 1.5mm j
f1/8" or 3mm
(3116" or Smm
Available Sizes
Densities (lbsJcu.ft.)
Thickness
Width
Lenrth
inches
nun
inches
mm
inches
mm
3.0 thrall 12.0
%z-4
1x.7- t01.6
12-49
304.8- 1244.6
24-117
1 609.6 -297t8
Document Number DJA -001
Effective Pages: 2
September 11, 2008
jq►
FabriBlak Properties & Values
Color
Black
Weight per Sq. Ft.
11b.
Thickness
1/8"
Tensile Strength
1,267
Shrink Rate
No Deformation
MVSS 302 Burn Test
Passed
Eabrierok system
STC (ASTM E90 -02,
E413 -87, E795 -00)
47•
NBC (ASTM C423.2)
-80 -.as
Flame Spread (ASTM E84)
Class °A" 12.1
* By applying FabriBlok to Existing Walls,
an increase of up to 10 decibel improvement
is available.
FabriTrak9 Systems Inc.
2553 Route 130 South - Suite 2
Cranbury, NJ 08512
877 FABRITRAK
609 - 409 -6700 1609-409-7377 Fax
WW W.fabritrakzarn
info@fabrivak.com
0 "1
1
FAG, E
FT BLANK
Ly
Attachment No. CC 7
Three-Year Parking Lease
le
14,
THIS MOE
LEFT BLANK
jq`
PARXING ]LEASE
11415 PARKNO LEASE. (-'Lease") is made effective a: of September 1, 2009 by and between
Legacy Property Management, on behalf of the owzer of the properly (as such. term is defined
Mow) (°,Landlonf)ard Ali Zadch (Port Rcsitniratil) ('-fenant").
R11CITALS:
A, Landlord has been duly authorized by the owner of that certain real property commonly
known as 2865 and 2867 E. Coast Hwy., Corona del liar, California (-'Property ") as its
property manager to execute and deliver this Lease,
B, In connection with Tenant's restaurant, Tenant desires to tease parking spaces from
Landlord for weekend and evening use.
C. The Premises subject, to lifts Lease consist of the approximately forty (40) unreserved
parking spaces located sin the property: in the area generally depicted on Exhibit �A"
attached het-era (Ore "`.-Premises" )
NOW, THEREFORE, in consideration of the foregoing facts. and circumstances, the mutual
covenants and promises: contained he-rein arid other good and valuable consideration, the parties
do hereby agree w the fallowing terms and eandirions:
COMMENCENMENTDATR� $Wernher L 2009
TERM: Three (3) years starting on the Commencement Date and.
expiring. on August 11, 2012 ("Expiration bate."}., This
Lease shah automatically turn into a month to month:
tease on the Expiration Dare. on the same terms and
conditions; except for the holdover rent.set forth below.
BASE RENT; BmL rent shall be due and pidd,m advance, on the first
day or each month slat-Ling on the Commencement Date
at a rate of S 1-,500.00 per month.
tILR�MITTF-D USE: Tenant shall not use the Premises for any purpose other
than parkin atilornabiles for the benefit of Tenant's
restaurant lo dted at 440 Heliotrope Avenue, Corona del
Mar. California between the hours or 5:30 p.rrr- and 2:00
a,m., Monday -- Friday, and 10:00 a,m- and 2:00 a,m-,
Saturday and Sunday. Other than valet fees and tips,
Tenant may not coifleCL any parking fees from third
parties for use "of the Premises.
SECURITY DLPOSIT: One Thousand Five. Hundred Dollars ($1.500.00)
IMIn
4 X10119"3
lov_-m
RENT PAID T0: Legacy Property Management
P.G. Box 3539
Tustin, C'aiifornia 92651
LATE fL FE'.K.S: it Base; Rent is not paid by the filth (5'h) calendar day
after the due date a aI50M late fee will be charged.
MRI3fN S:QQh: NoiN ithstanding the LNpuation mate; this Lease can be
terminated by either party in their sole and absolute
discretion by giaing thirty (30) days' written notice to the
other party.
CONDITION O.F PROPE [ "iY; 1t: is understood and agreed that the Premises are, leased '-1S IS"
with all faults and Tenant has inspected the Prenuscs and. that Landlord makes no representation
or warranty as to the physical condition of the Premises or its suitability' for Tenant's, intended.
use. No alterations to the Nemises are allow=ed without prior written consamt of Landlord.
Tenant shall to deliver the premises to Landlord each morning in a clean and orderly condition,
free fioin any and all garbage or personal property. A breach of the preceding sentence, by
Tenant shall constitute material bleach and default under this Lease' entitling Landlord to
teninulate this Lease immediately upon written notice to Tenant_
''Lo SF'( °tTR,fliY. :Tenant understands and agrees that Landlord is not providing .any security
system, security personnel, or insurance for any person; vehicles or property located or stored on.
the Premises. All autoumbiles on the Premises shall tat parked. solely atTenant'.s own risk. It is
further understood that Tenant.is.to.ohtain its own insurance for all vehicles; property: and other
items of � ;alue. located on the Prenxises: Tenant shall release, indeinnufy, defend and hold
harmless Landlord from and against. any and all actions, losses, costs,. damages and liabiliry
(including actual arliorncy s' fps and :.costs, and court costs), direct or indirect,. arising from or in
connection with any event, auiifent, claim, injury. .or damage whats oever. occumng in, at or upon
the Premises to the. extent caused by Nets, omissions or negligence of Tenant, its agents,
employees, invitees; patrons.and%r contract ors-
isx l 1 N .:'Ietirint; at its cxpeuse; shall maintain at all times during the terror of this Lease,
commercial general liability insurance regarding the Premises and the conduct or operation of
Tenant `s business therein, naming Landlord; owner of the property, and any mortgagee, ground
lesser or property° manager of Landlord (whose names have been furnished to Tenant), as
additional insureds. Such insurance shall be written with an insurer licensed to do business in
the State of California with a Best's Guide rating vfF3-r.V111 or better, provided that in the event.
Best's Guide is no longer published, said insurer shall have a-- coomparable rating in any
comparable insurance guide, The limits of liability of all such insurance - shall be at least 0.Ni
MILLION DOLLARS {ti,IM0,0M).00) combined single limit for injury to or death of any
number of persons, or for damage to property arising out of any one occurrence and shalt include
contractual endorsement liability, and shall not include a deductible more than $5;000.. Tenant
shall also maintain Wnrker's Compensation insurance as required by lava; and non- owzted..and
hired automobile liability insurance with the same limits of coverage acceptable to Landlord,
Tenant shall cause to be issued c: riificates of insurance to each of the additional insureds under
said policy, which certificates shall provide that such insurance shall. not. bie..caricelled, materially
changed or non renewed without thirty f30) days' prior written notice to each of such parties.
^,ses.Ai:F mLdN.4
I MAO* tli H�
4
HO1j-jI \t;%,_(1V (2; If Tenant fails to surrender the Premise`s upon the expiration or earlier
termination of the Lease term without the express written consent of Landlord, "tenant shall
become a month -to month Tenant, and 'tenant shall remain responsible :for the ,payment of all
monetary obligations due and payable by Tenant under the Lease. In the event of a holdover by
Tenant, possession shall be subject to all of the terms of this Lease, except that the monthly Base
Rent shall be. increased, to two hundred percent t' Elfi °bj of the Base Rent for the month
immediately preceding Lie. termination :late. .Acceptance by Landlord of rent after such
expiration or earlier termtinatian of the Lease term shall not result in any renewal of the Lease
term. The foregoing provisions are in addition to and do not affect- Landjord's right of re- entry-
or any other rights or remedies of Landlord hereunder or as othcrwisc provided at law or in
equity, or both.
fill ?Elyliv'IT'C: Tenant shall indemnify, defend and hold Landlord, Vie owner of the Property,
and any of Landlord's mortgagees, ground lessors, proper= managers or their respective
employees or agents harmless. from and against any and all lo=sses, costs, damages and liability
(including actual attorneys' fees and costs, and court coats): director mdireci, which Landlord
may suffer as a result of a breach of this Lease or the use of -the Premises by "Tenant, its agents,
employees, invitees, patrons and/or eontteetors.
NO MSIG'�NIE :NT ()R SI1Sl> AS—„ Tenant. shall not assign, license, sublet, or otherwise
transfer by operation of lacy or otherwise this Lease or any interest herein, or the Premises or any
jiortion thereof, without the prior written consent of Landlord (which consent shall be prattled in
Landlord's sale and absolute discretion), not shall 'Tenant encumber any of the same,:rw.r shaft
`fenam permit any lien to be placed: on the Tenant's interest by operation of haw or otherwisc.
Regardless of Iandlord's consent, no transfer hereunder by 'tenant shall release or discharge
Tenant from its obligations or liability under this Lease. 'Ibis Lease shall bind any approved
assignee, transferee or sublessee. Any scale, assignment, .encumbrance, subletting;; neeupaiion,
lien or other.'trans -fer. of this pease or the Property which, does not comply with the provisions of
This parag=raph shall be automatically void. Consent to one transfer; assignment or sublease shall
not be deemed consent to a subsequent transfer, assignment or sublease:
LIGHTING: Landlord shall, not he responsible for illuminating or providing any lighting on or
around the Premises.
T ANT K:OOPE A'CION. Tenant hereby acl nowlthdges that C uidlord is actively marketing
the Property For lease. Tenant agrees to cooperate with any tenant, representative, agent or
consultant of a tenant who desires to enter the Property art(Vor perform investigations thereon.
Additionally, Landlord's other tenants on.the Property and their patrons may occasionally use the
Premises to pant their vehicles after hours and will use the Premises for parking during working
hours on weekends. As such, Tenant shall not disturb or interfere with the right_*; of Landlord's
other tenants on the Property and their patrons to park on the Premises as needed.
A ITOR41 -1`5' PEES: In the event any action or proceeding is brought by either party against
the other under this Lease. the prevailing party shall be entitled to recover for the actual fees and
costs of its attorneys and expert witnesses in such action or proceeding, including costs of
appeal, if tut., in such amount as actually is incurred therefor, without regard to anv court
schedule therefor, including any post - judgment fetes or costs-
sill AOR13E:NATICiM This lease and Tenant',-; rights hereunder and with respect to the Premises
shall be and remain subject and subordinate to all mortgages, deeds of trust and ground ]cases
now or hereafter affecting or governing the Premises, and to any and all advances (if any) to be
Hb ✓03556'�JOP:
�z.;F4J�f�i -3-
I ( i
made thereunder and to the interest thrreon. and to all renewals, .replacements and extensions
thereof. Upon request of Landlord, Tentim will within wn ('Lil) days in NNTiting in such form as
may be requested by Landlord or its lender or ground lessor, subordinating its rights hereunder to
the lien of any mortgage, deed of trust. ground lease or. other encumbrance., now or hereafter in
force against the Premises, and to At advances made or hereafler to be tirade upon.dte.sec:urity
thereof.
NOI ICES: All notices, dernands, requests, consents and other communications which may or
are required or permitted to be given by either part; to the other hereunder shaIl.he in.writing.,
All such notices, demands, requests, utnsents and tether communications by the Landtsrrd to
i'ertant shall he given by personal delivery or sent by United ;rates Mail, postage .prepaid,
ccrtit =ted with return receipt requested, or by Federal Express- or rather generally recognized
carrier of expedited delivery, for next day delivery. addressed to Tenant at the address set forth
next to its signature bloclt below, or to such other place in the United ;hates as Tenant may from
time to time designate in a notice property given to Landlord. All notices, demands requests,
consents and other communication,, by T enant,to Landlord :shall be given by personal delivery'or
sent by I;nited States Mail, postage prepaid, certified with retun receipt requested or by Federal
rApress or other generally recognized carrier of expedited delivery, for next day detivery..
addressed to Landlord. at the address set forth above, and to such other person or plaix as
Landlord may from time to time designate in a notice properly given; to 'tenant. A xiatice so
delivered shalt be creamed given on the first date indicated on the re&ipt of the carrier that
delivery Sias been made or unsuccessfully attempted to the address of the intgrided. recipient as
specified abcwe:
C ()NS -rP,UL tlO'N r tIiIS- LEASE: Each of the persons and entities comprising Tenant and
Landlord has fully panicipated in, and, has been represented by indepandcnt qualified legal
counsel in connection with, the negotiation, preparation,,execution and debvcry.cfthis Lease and
in undertaking its ctbligatiottt set forth herein. Any generally. applicable rule :of construction to
the effeer that ambiguities in a docurnGiit ate to be interpreted in the mariner less: favorable to the
drafting party shall not apply to this Lease.
[Signatures on far %wing page]
%eta.E ssvgrv-
2a}x,u.ant -4-
b
IN WITNESS WHEREOF, the parties heroo.have executed this Lease etTective as of lbe
date of date firsi-set forth above.
z L 64M I W4 ".11
M-16- Q M
Landlord:
LEOACY PROPERTY
an lxsh;i4f'�I'the owner 9AX)c Property.
Its:
Tengnt:
—wi or t e Pon Restaurant
-5-
[ -it
15)
C;
NwiS PAGE
LEFT ELAKeK
INTF—P71.
Attachment No. CC 8
08/20/09 Planning Commission
Hearing Minutes
) fD,3
LEF74
)�q
NEWPORT BEACH PLANNING COMMISSION MINUTES
Port Restaurant & Bar (PA2009 -080)
440 Heliotrope Avenue
An amendment to Use Permit No. 1566 to allow the following changes in the
operational characteristics of the existing restaurant: 1) Expand the existing
hours of operation by extending the closing time to 1:00 a.m., and providing
lunch service (11:00 am to 1:00 am, daily); and 2) Introduction of live
entertainment and dancing. The application also includes an off -site parking
agreement to allow the continued use of 40 off -site parking spaces on property
located at 2865 E. Coast Highway.
Mr. Lepo noted the applicant has requested a continuance of this item; however,
there are people in the audience who would like to make comments, and
recommends that the public hearing be opened.
Commissioner Unsworth noted we could open this item, hear the staff report
and comments. We can determine then if we should continue this item or not.
Motion was made by Commissioner Unsworth and seconded by
Commissioner Hillgren to not continue this item.
Commissioner Hawkins noted this matter would be heard in full consideration
with the thought it would be continued.
Commissioner Toerge noted this should be addressed by opening this item,
hearing comments and then. if we think aoorooriate. continue this item.
j Ayes: I Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge and Hillgren
I Noes: None I
Mr. Murillo gave an overview of the staff report and noted that the application
originally included a request to allow lunch service daily; however, that
application would require a parking waiver as the off -site parking spaces
requested would not be available for the applicant's use. Prior to completing
the staff report, he had consulted with the applicant and agreed that his
application would only include lunch hours during weekends only. He then
noted the applicant's request:
➢Hours of operation extended to close at 1:00 a.m. daily
➢Lunch hour service on weekends,
➢Live entertainment and dancing, which is considered a major change in
operational characteristics, requiring an amendment to the use permit;
DThe applicant further requests the ability to utilize the 40 off-she parking
spaces during the requested extended hours of operation.
Based on the close proximity to residential units in the neighborhood and on
information received from the Police Department and Code Enforcement
regarding past noise disturbances, staff is recommending denial of the use
permit amendment application. By extending the hours of operation, the
additional hour with the introduction of live entertainment and dancing, will
likely result in additional noise complaints and additional noise disturbances to
the surrounding neighborhood. With regard to the offsite parking agreement,
08/20/2009
ITEM NO.3
PA2009 -080
Continued to
09/17/2009
Page 4 of 14
X55
NEWPORT BEACH PLANNING COMMISSION MINUTES
currently the spaces are allocated to a three -story office building, which is for
the most part, currently vacant. There are a couple of general office uses
today with a health facility to open soon. Given the uncertainty of the types of
uses that will occupy that building, staff does not feel that the finding can be
made that the spaces will be permanently available for the Port Restaurant
use.
Commissioner Eaton asked about police presence and for a more elaborate
presentation on past violations, comparisons and possible change in character
of the establishment.
Lt. Craig Frizzell of the Newport Beach Police Department, Detective Division,
introduced Detective Bryan Moore.
Detective Bryan Moore of the Newport Beach Police Department, Detective
Division, referencing the memorandum contained in the staff report, noted the
following:
DMost of the investigated violations had to do with violations of the use
permit including remaining open after the permitted hours of 12:00 a.m.
and providing live entertainment without the proper live entertainment
permit.
DAlso, during one of the investigations, there was an issue of overcrowding
and blocked aisles.
➢Over 40 calls for services for that location were made and at least 20 of
them were with respect to loud music complaints.
➢There is not an Issue of the sound level of the live entertainment itself
because we conducted a sound level test independent of the applicants
noise contractor and the noise levels did not surpass maximum permitted
levels; however, we are concerned with other contributing factors such as
people coming and going, increase in vehicular traffic; people outside
talking on cell phones, talking while walking to their cars and some of the
other issues that go along with alcohol consumption.
➢By increasing the hours, the same problems will continue and be
extended an hour later.
➢Any time that live entertainment aril dancing are added, there is the
propensity for a nightclub type environment.
➢At this location during one of our investigations, we attempted to order
food around 10 or 10.30 p.m. and were told they are no longer serving
food. When you stop serving food, you are open just for the purpose of
selling alcohol beverages and providing live entertainment and dancing
then you transform into a nightclub environment.
Commissioner Eaton asked if a lesser approval was granted, such as
eliminating dancing, would that result in a less possibility of a nightclub
characteristic?
Detective Moore answered that if they kept their current hours and did not have
live entertainment and dancing and continued to operate as a restaurant, we
would not have those issues. By adding any of those elements we believe that
it could be a problem. He added they do not have an issue with the opening
08/20/2009
Page 5 of 14
06
NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009
for lunch.
Chairman Hawkins asked about the live entertainment and what it revealed. If
the Commission determined that the extended hours and dancing were
problematic but the live entertainment was not would that change your
opinion? Is it going to be a nightclub?
Detective Moore answered it was a Disc Jockey (DJ). The music played was
more of a dub fast -beat type. By looking at the calls for service, it is an issue
with some residents with 20 calls related specifically for loud music, although
he did not detect it with the sound levels on the test; apparently it is an issue
with somebody that lives nearby. So, that could be problematic.
Commissioner McDaniel, noting he had met with the applicant, stated their
discussion of hours extending to 1:00 a.m. would reduce the amount of people
spilling out at one time. They close at midnight now, and everyone does
apparently. Does the hour change make much difference? The biggest
problems we've been concerned about is people going outside and continue
talking, continue drinking, get something out of their trunk and visit and do all
the things talked about that the neighborhood doesn't want such as leaving
fluids in different places. Would the hour change help the spill out onto the
community?
Detective Moore answered he did not think so; it would continue the problem
that much later. If closing time is 12:00 p.m, then you do °last call" earlier if you
want to control people leaving and not have a mass exodus at the time you are
supposed to be closed.
Commissioner McDaniel noted anything after 11:00 p.m. is problematic.
People leave and go to other places that stay open until 2:00 a.m. and play
there.
Commissioner Unsworth asked about the sound testing.
Detective Moore answered the 90 dBA measurement was inside at the DJ
table. This level was maintained and checked outside where we got 50 to 55
dBA.
Commissioner McDaniel asked about the size of the dancing area and location
of the DJ table.
Detective Moore answered the DJ table was left of the bar but at the time there
was little dancing. The space is about 10 x 10. There is not a lot of room for
dancing.
Ali Zadeh, applicant, noted the following:
➢ He sent a letter requesting a continuance.
➢ He does not want to bother anybody.
➢ He has sunoort from the community and surroundina businesses for
Page 6 of 14
JbI
NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009
this application. That support was not made known to the public and
feels this is a disadvantage.
➢ He had asked for the continuance in order to present the entire story for
the Commission and to have a fair hearing. He wants the opportunity to
present his facts. He does not want to have to defend himself.
➢ The application was made and he wants to make sure there is no truth
being distorted.
The live entertainment and dancing has never been a part of his
business venue and doesn't really have the space for it.
D We are so close to the houses in Corona del Mar that dancing is really
not a character of the area. He doesn't want to use the word "coerced"
by staff to put dancing in the application, you want it you put it You
never know what is going to happen.
He stated he would remove the request for dancing but he doesn't want
to miss out on special events such as a birthday or engagement party
and not to be cited over that issue. That is more of a protection.
Mr. Harp noted from a due process standpoint, the applicant has asked for a'
continuance, he hasn't been here previously and in the interest of fairness, and
ensure that he is able to present his case, a continuance would be appropriate.
Commissioner McDaniel asked if we are going to continue this, when will you
be ready?
Mr. Zadeh noted he was shocked from the staff report and he wanted to have
ample opportunity that all the facts were represented.
Chairman Hawkins asked how long would it take?
Mr. Zadeh noted a month in order to do a discovery of the agencies that are
involved such as the Police Department.
Chairman Hawkins noted the letter of August 19"' requests the continuance to
September 17, 2009 as the date. Is that correct?
Mr. Zadeh answered only given if he can get the facts back from those
deparlrnents. He does not know the process and wants to get the whole
history.
Mr. Harp noted that any investigatory files are not going to be disclosed as they
are confidential records. Typically the applicant would not receive anything
other than what has been presented this evening. He stated additional
comments came in subsequent to this matter being posted.
Chairman Hawkins asked the applicant if there was any other information to be
provided.
Mr. Zadeh asked what the process would be if he. went to City Council and
Mat the timing would be.
Page 7 of 14
�5�
NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009
Mr. Harp answered that any decision of the Planning Commission is
appealable to the City Council. The appeal period is 14 days after the decision
is made. So, if you want to withdraw the continuance request and have this
matter heard tonight, you can see how it comes out. You would have the
opportunity to appeal it to the City Council.
Mr. Lepo noted there is a fee for this appeal, approximately $1500 and it will be
increased in the Fall.
Mr. Zadeh noted he should hear from the public then he would come back with
his attorney after the discovery is done.
Mr. Harp noted it is better to have all this at one hearing so you have context,
and you don't have memory lapses as to what the testimony was, etc.
Commissioner Toerge noted the existing use is not in question. This is a
voluntary application by the applicant even though he may be compelled by
some citations. It is appropriate if he wants to continue this; that is his right. I
also want to hear, and I think the applicant wants to hear, from the residents
because his response should include some compromises on components that
could address some of those concerns. We need to give him the time to do
that but he needs to hear the concerns_ We have done this on prior
applications.
Commissioner Unsworth asked about the status of the parking. He noted he
wants a well- defined answer as this is a major issue.
Mr. Zadeh answered he has the' lease of the property since he purchased the
restaurant property. The building and property owners at 2865 E. Coast
Highway are not the same. They are trying to make upgrades to their budding.
The parking has been available to us but based on staff request to have a
longer term, he had approached the owners and it has been changed to an
annual agreement. We have never had any issues with them and the parking
arrangement has been in place for some time with the previous restaurants.
No one knows about the future.
Chairman Hawkins noted the parking issue is very important and needs to be
addressed at the future hearing.
Public comment was opened.
Chairman Hawkins requested that at the next hearing, we would like to limit the
comments made to something new and different, substantially changed so
there is no repetition of this testimony. We want this testimony, but we don't
want to hear it twice.
Appearing in support of the application:
Kent Moore, local resident representing the Chamber of Comme=rce and
Page 8 of 14
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NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009
referenced letters received. He is a patron of the establishments at this location
and added this is an outstanding restaurant.
Danny Rambo, local resident — the Port has done the most to improve their
establishment and fit into the neighborhood with the installation of a Plexiglas
wall in the front and security; staying opened later will not create any problems
as far as noise, this is not a nightclub.
Justin Kouts, supports this application stating we need to have the business
there otherwise it will be vacant.
Carl Cassidy, local resident, asked that this restaurant be given the opportunity
and sees no problem with the extension of time. We need revenues for the
City.
Summer Wheeler, restaurant worker, noted her employer has been willing to
address any issues that have come up and is in contact with the patrons_
Security is there to assure that doors are closed, people are escorted to their
cars and confiscate keys if needed and get cabs for those patrons who need it.
They look to see there is no overcrowding. A patron brought in his guitar
recently and played for his girlfriend who was having a birthday party; this
should not be considered to be a DJ. The restaurant is involved with the
community; this is not a nightclub; the proposed new opening to the atrium is to
better serve patrons; dinner is served until 11:30 p.m.
Mekabiz Mohajr, local resident and personal friend of the applicant, stated the
Port restaurant is not a nightclub or lounge. Music being played is tasteful;
there is no room for dancing; no couches; it is a place for people to eat; most of
the patrons park across the street as well as local patrons walk; increase in the
hours allows the crowd to funnel out in a much more consistent level and
create less of an issue; security tells people not to talk in the street.
Shavonne Schamblu, local resident, stated she is of the age to go to nightclubs
and this is not a nightclub. The Port brings a classy touch to Corona del Mar.
The extended hour and lunch time business will not have any more of an affect
on parking than there already is.
Appearing in opposition of this application:
Matthew Gudort, local resident, referred to his letter contained in the staff
report and noted he has had to complain about the noise. When they operate
under their use permit there is no problem. When they got back under the
current use permit and the live music, DJ and dancing went away, so did the
noise problems. When they operate to midnight, no problem, but to 1:00 a.m. it
just extends the noise issues to later. 4 of their 5 requests change the
restaurant to a lounge/nightclub and bar. Restaurants do not need security,
nightclubs do. Cabs are parked at Heliotrope idling as late as 1:00 a.m.
sometimes'later and as far as the concerns of drinking and etc., repeated calls
to the Police Department have helped but the problems still occur. This past
Fridav there was live music and we had to call the nnlirp If you know you are
Page 9 of 14
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NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009
in violation, you don't continue to violate if you are asking for something new.
The outdoor atrium door change could change the sound levels.
Carl Coatsworth, local resident, stated he has had issues with the noise and
traffic. Why have there been repeated violations under the current use permit
and why has nothing happened and why is this even being considered?
Tom McCall, local resident, stated that with the Port Theater being rebuilt there
will be further issues with parking and traffic. The streets are very narrow and
there are constant problems. This should be a restaurant and when you stop
serving food you convert to a nightclub. The clientele coming in to eat dinner
at 8 o'clock is much different than the clientele you will get at a nightclub/bar
between 10 p.m. to 1 a.m.
Commissioner McDaniel noted we recognize the problems brought up and
asked If they would materially change if the applicant was given another hour
to stay open.
Mr. McCall answered the proportion between a restaurant and a
barfloungelnightdub extends the problem into the further hours in the morning.
People do not get sober between 12 and 1, they get drunker. It would
exacerbate the problems we already have.
Dawn Stone, local resident, noted similar problems and concerns as previously
stated. She added that Saturday and Sundays are relatively quiet during the
day but with additional lunch business there will be a change in the solitude
due to parking.
Carol Ann Rohr, local resident, noted
The Port restaurant is the only bar that fronts on a residential street
and is surrounded by residences on three sides.
D There were no sound tests taken on the second level.
She lives about five houses down and her bedroom suite is on the front
and the many times live music ban has been violated, you can hear
and feel it. Other residents have the same complaints as the sound
bounces back on the concrete directly into their homes.
➢ Extending the hours would create more noise and live music would
bring a different element
➢ If the applicant would live within the current permit and operate as a
restaurant in Corona del Mar, not a nightclub.
• She noted this area has a 75% higher crime rate in the Reporting
District and is above the norm for ABC licenses in the area, so we
already have our problems.
• She then submitted a letter from Jan Johnson for the record.
Chris Wiseman of JEC Acoustic consultant, explained how the sound study
was done, noting testing was done at several locations. There was no
detectable sound outside the restaurant with the doors dosed. The DJ system
Page 10 of 14
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NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009
open you could hear it but was undetectable with the doors closed. The traffic
on PCH and airplane noise was much louder.
Commissioner McDaniel asked if anything was checked out on the second
floor. Is it possible that sound at the second floor would be a concern? If you
didn't check it we have a complaint and this might be an issue.
Mr. Wissman answered no; they were only required to check at the property
line, which is on the first floor. There was no detectable sound with the doors
closed. I don't think you would hear anything more on the second floor than on
the first floor.
Chairman Hawkins asked about the open atrium. What about the sound that
emanates up out of that area onto the walls, is that something you deal with?
Mr. Wissman answered yes, that is acoustical reflection; however, the bass is
not transferred by this method, only the high spectrum. Bass would be
transferred through the floor and you would feel it through the ground. We had
that system cranked up high.
Greg Currans noted he is a patron of the restaurant and this is not a nightclub.
The complaints relate to a restaurant use that has been there since 1971. It
will not significantly change because of an hour of live entertainment. If you
deny this permit, you will have a ghost town in Corona del Mar. We try to keep
people in business and they must have 'happy hours' and live entertainment.
That is why people go to these places. Parking is a problem all over Corona
del Mar and is a problem whether this restaurant was there or not. You need
to look at the benefits. This is entertainment done in a nice fashion.
Jim Chesbro noted the applicant has stated he will delete his application for
dancing so this should address some of the problems people have with this
application.
Kristin Bruno, worker at the restaurant, noted the patrons tell her how Gassy
the place is. People come to get away and have good food. This is not a
nightclub environment.
Stacey Jents, works at the restaurant as an accountant and works at night
The owner is very personable and talks to the patrons and reinvests his money
into his restaurant to make it better for the community. The security watches
out for the patrons as they go to their cars, there are no incidences, and there
is no dancing.
Commissioner Unsworth asked if the survival of the business depends on
getting the requested changes.
Ms. Jents stated she could not answer that question
A letter was submitted for the record by Ms. Rohr.
Page 11 of 14
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NEWPORT BEACH PLANNING COMMISSION MINUTES 08/20/2009
Commissioner McDaniel asked Detective Moore about the complaints that
were discussed tonight. Where did they come from?
Detective Moore stated he could not answer where they came from other than
they were generated'and the police responded_ Administration Citations were
issued for use permit violations not so much the noise, but live entertainment
being conducted without a permit.
Commissioner Unsworth asked when he had ordered dinner.
Detective Moore answered he had ordered the food at 10:15 p.m. and was told
there was no food service.
Public comment was closed.
Jaime Murillo noted that Ali stated he was coerced into applying for dancing, I
would just like to clarify that his application that was originally submitted had
always requested dancing for special events as well as for weekend nights for
his patrons.
Chairman Hawkins asked about the Port Theater and the parking demand, how
is that relative to our action tonight?
Mr. Lepo answered it is likely when the renovation of the Port Theater is
completed, there is going to be more parking demand in that area At the
present time that renovation is a ministerial project and nothing has been
approved for food service or anything that would require additional
discretionary permit. The renovation is currently on hold but there will
ultimately be food service of some sort and assuming the hours are
coincidental there will be an additional parking demand with additional people
in the area. We have to assume that will happen and you will get that
application sometime in the future.
Chairman Hawkins asked about the requirement for food service.
Mr. Murillo noted they have a use permit from 1977 and it does not clearly state
how long they have to serve food for. It does not include our current standard
conditions that we normally would apply.
Chairman Hawkins stated they may terminate food service prior to dosing.
What about the ability to have 'happy hou(?
Mr. Murillo answered yes, and 'happy hour' is not currently prohibited in the
conditions of approval. =
Motion was made by Commissioner Toerge and seconded by Commissioner
Peotter to continue this Rem to Sectemher 17. 2009.
Noes: I None
and Hillgren
Page 12 of 14
)0
i61
Attachment No. CC 9
09/17/09 Planning Commission
Hearing Minutes
lb
1 O
CITY OF NEWPORT BEACH
Planning Commission Minutes
September 17, 2009
Regular Meeting - 6:30 p.m.
ROLL CALL
Commissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and
Hillgren— Commissioner McDaniel was excused.
STAFF PRESENT:
David Lepo, Planning Director
Michael Torres, Deputy City Attorney
Patrick Alford, Planning Manager
Tony Brine, City Traffic Engineer
Fern Nueno, Assistant Planner
Gin er Varin Administrative Assistant
PUBLIC COMMENTS:
PUBLIC
COMMENTS
City Attorney David Hunt introduced Mr. Torres as the Deputy City Attorney who
will be serving the Commission as legal counsel as Mr. Harp is no longer with
the City. Mr. Hunt gave a background on both Mr. Torres and himself.
Chairman Hawkins then recognized Commissioner Eaton who had received a
honorary award from the Planner Emeritus Network. The award recogribm the
professional accomplishments and support of the American Planners
Association (APA) California Chapter.
Commissioner Eaton noted this was a capstone of his career.
POSTING OF THE AGENDA:
POSTING OF
THE AGENDA
The Planning Commission Agenda was posted on September 11, 2009.
HEARING ITEMS
ITEM NO. 1
SUBJECT: MINUTES of the regular meeting of August 20, 2009.
Approved
Motion was made by Commissioner Peotter and seconded by Commissioner
Hillgren to approve the minutes as written.
Ayes:
Eaton, Unsworth, Hawkins, Peotter, Toerge and Hillgren
Noes:
None
Excused:
McDaniel
k!•
UBJECT: Port Restaurant & Bar (PA2009 -080)
ITEM NO.2
440 Heliotrope Avenue
PA200M80
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NEWPORT BEACH PLANNING COMMISSION MINUTES 09/1712009
An amendment to Use Penmit No. 1566 to allow the following changes in the
operational characteristics of the existing restaurant 1) Expand the existing Denied
hours of operation by extending the dosing time to 1:00 a.m., and providing
lunch service (11:00 a.m. to 1:00 p.m., daily); and 2) Introduction of live
entertainment and dancing. The application also includes an off -site parking
agreement to allow the continued use of 40 off -site parking spaces on property
located at 2865 E. Coast Highway.
This item was taken after the third item due to technical problems.
Mr. Tortes clarified for the record that the applicants attorney contacted City
Attorney's office regarding Section 20.82.060 Live Entertainment. The question
was when this Section was adopted. He had responded to that call and let them
know, according to the Municipal Code, it looks to have been amended in 1997
and based on a quick search done by Mr. Alford, that there was a previous Code
from 1985 and there may be other Codes pre - dating that At no time did we say
that 1985 definitely was the first time this came into effect
Ali Zadeh, applicant, made a presentation noting the following:
➢ Addition of weekend lunch hours service - had numerous requests for
this senflce by customers.
➢ Close an hour later - like to accommodate the patrons so they are not
rushed into the street all at once and impact the neighborhood; if their
night is prematurely ended, customers have a tendency to stay in the
parking lot and have discussion, etc. and create more chaos in the
neighborhood; we would get two seatings, one at 7 -730 p.m. and it is
hard to get a second seating but we want a later time at 10 -10'.30 p.m.
and we would Ice the kitchen to be opened to 12:30 a.m. to serve a late
night dinner menu, we do not want a nightclub venue;
➢ Noted and explained a proposed color-coded floor plan; discussed
conversion of windows to doors as well as ingress/egress to the dining
areas.
No dancing - wants optional dancing for wedding dinners and rehearsals.
➢ Community support — letters of support
D Sound test taken at nearby addresses showing noise levels at less than
allowed.
Live entertainment -- this goes with the property rights; there was jazu
and piano at this location by previous business owners for the past 30
years.. Presented letters from some previous owners and entertainers
testifying to entertainment at this site. We do not want to bother
residents with any noise.
➢ Current use permit we have is dated 1977 and the live entertainment
regulations start in 1985.
Chairman Hawkins stated you heard the City Attorney who indicated the Code
had an amendment in 1985; it is not the City Attorney's position that was the
commencement of any regulations for live entertainment in the city. Do you
have anything else in your presentation that provides substantial right to the non-
conforming use you are talking about?
Mr.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009
The restaurant is dose to residential properties and is surrounded by five
commercial buildings. We are not on PCH.
He provided a copy to staff of a newly acquired three year, off -site
parking agreement dated today. They have the parking rights at
midnight and weekdays to be used for the requested lunch hour service.
There will be security at the lots on busy nights or any other required
times that may be necessary to minimize the impact of cars and traffic.
➢ There is a check to be sure there are no minors allowed in the bar area.
as well as checking outside to be sure everything is secured. Verbally
we tell people to be quiet and will be posting this on the property in the
near future.
There have been no fights in the establishments; has had discussions
with the Police Department and have had no major issues minus the
large amourd of calls of the noise from residents around us. We are
requesting records the Police have to clarify any issue.
➢ He then gave a history of local businesses and cited the economics and
rights.
➢ Has invested capital into his business and without the extra hour for
additional business without live entertainment, could survive, but what
kind of business would it be and what do you want in Corona del Mar?
➢ Cost and revenue factors in running a business.
➢ Is open to reasonable suggestions from the public and Commission to
get a solution to have a first class operation.
If he does not get what he is asking for, does Corona del Mar need
another dosed business? We could sell this business to any Interested
party at any cost, what would replace it? The alternative might not be
something very nice. I will sell the business for the best price to
whomever.
Marilyn Scheer, counsel for the Port, noted:
Did attempt to email the brief to all Commissioners, but apparently it did
not get through. She noted also that staff did not get a copy but it was
their intent She then presented hard copies for the Commission and
staff.
➢ She stated that she had attempted to determine when the ordinance was
enacted.
➢ There has been live entertainment at this facility and questions why it is
only recentty questioned. Why is this an issue now when it wasn't
before?
Commissioner Toerge answered it wasn't an issue before because there were
no complaints but it is an issue now because there is code enforcement action
and there have been complaints.
Ms. Scheer noted there has been one primary complaint.
Commissioner Toerge answered you will here more.
Public comment was opened.
Page 3 of 21
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NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009
Chris Beauford, local resident noted:
➢ As a homeowner he also has an economic interest
➢ When purchased their home in 1992 they knew there was a beach
nearby, PCH, as well as a small restaurant called "Trees' and made the
decision to invest in what the house was worth.
D In 2007 when the applicant took over the restaurant, he knew the rules
too, primarily the operating hours restriction.
➢ We have dealt with the occasional noise, trash and other issues over the
years as It is part of Irving there.
D This application seeks to enhance the value of "Port' but at the same
time that would decrease the value of my home potentially when I go to
sell it as well as disclose that there may be a nightclub nearby.
A Having the place open until 1:00 a.m. and allowing music and dancing
(that was in the original application), is a quality of life issue.
➢ He does have to clean up his yard on Saturdays that has litter such as
paper cups, glass, etc.
➢ Bought the house knowing there were certain parameters.
➢ When the applicant bought the restaurant, he knew, or should have
known, what the parameters were.
➢ Pushing the dosing time back to 1:00 a.m. changes the dynamics
significantly.
Dieter Brunner, local resident, noted:
Not against the restaurant at all, but not with the proposed hour change.
➢ Circulated a petition around to the businesses and the majority of them
do not agree with this application due to parking, trash, etc.
He also presented a petition that was circulated to neighbors who do not
support changes.
➢ This is a successful business that he asks not be allowed to expand at
the expense of the nearby businesses and local residents.
➢ He questions the process of the noise testing and added the residents
only complain about the noise when the Port has live entertainment
➢ With the extension of the hours, there will be additional problems
especially with the parking.
Matt Gudorf, local resident, noted:
D Extending the dosing time would place this restaurant on par with bars,
lounges and nightclubs that have similar dosing times.
Port is proposing to have as many as three security guards; there is no
plan in place for the health and safety of the residents in the
neighborhood once intoxicated patrons leave the establishment.
The current problem of noise in a residential neighborhood from patrons
exiting an extended hour later would be increased.
➢ Parking is limited now both during the day and night. There is no parking
for the re- opening of the Port Theater.
➢ Port Restaurant states they wish to start valet service and have parking
meters installed to keep residents from parking long term on their own
street (per application letter).
➢ Adding live entertainment would change the operation and affect the
Page 4 of 21
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NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009
neighborhood. Allowing a DJ and live music changes the basis for
visiting the establishment from providing food and drink to providing
entertainment and alcohol at an establishment with homes on three
sides.
➢ Adding entertainment brings with it a dub/bunge atmosphere with
patrons outside waiting in line to get in, creating a disturbance and
directly affecting the peace and comfort of those residing in the
neighborhood.
At the last meeting, he had addressed the Ports continual violation of
their current use permit by referencing live entertainment; Port's own
staff later in the meeting verified having said entertainment
As a resident he is asking for a denial of this proposal and that
enforcement is made for the current permit.
➢ The extended hours, traffic, and amplified live or DJ music directly affects
the peace, comfort, and general welfare of persons residing in the
neighborhood.
Chairman Hawkins then asked for pofice staff to speak
Detective Bryan Moore with the NB Police Department, noted one thing to keep
in mind is after we gave Mr. Zadeh specific instructions on what he could and
could not do in terms of his current use permit, we had a patters of repeat
violations. We know that past behavior is a good indicator of future behavior.
We ask that this be put on the record and that you take this into consideration
during your review.
Chairman Hawkins asked about the live entertainment
Mr. Moore noted it was amplified sound and there was a DJ.
Commissioner Peotter asked if the further violations were mainly with a DJ there.
Dot Moore answered it was for live entertainment and for operating after the
permitted hours and some food service violations as well. Food service had
stopped prior to 10:00 p.m. when the use permit states food has to be served
during hours of operation.
Commissioner Peoter noted the pemmk has dosing time at midnight and you
would look at that as every customer needs to be out of the facility by that tire.
Det Moore answered he had personally observed service after midnight, so not
only did they not leave the facility but they served alcohol as well.
Commissioner Unsworth asked about observations of the parking area after
restaurant hours and how long does it take for people to leave the parking lot.
Det Moore answered that was hard to say; he's been there while patrons were
leaving at the end of the night and because they park at all different locations
within the area, it is hard to monitor. He said some tend to linger, talk on cell
phones and talk with each other as well as talk while they walk to their vehicles,
Page 5 of 21
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NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009
Commissioner Eaton asked staff about the live entertainment ordinance
Mr. Torres answered there is a provision that could allow the Planning Director
to grant that no more than two musicians with no amplification could be allowed
and this is called a 'minor change °.
Commissioner Eaton asked if there was experience with establishments that
operate with that "minor change* live entertainment Are they less of a problem
for enforcement?
Det. Moore answered there are very few that do that. The music does not have
the same base level or same sound level so there is less problem but it also
depends on the location. This could be considered a 'nightclub' operation.
Continuing — speakers in opposition to the application:
Sally Chesbro, local resident of a duplex, noted her concern for the peace and
happiness of her tenants. If the Port is allowed to remain open until 1:00 a.m., it
will be extremely difficult for her to find new tenants in the future. With the
addition of live entertainment R will make her property less desirable to rent and
lower the value of the property as well as other neighboring properties. .
Dawn Stone, local resident, noted she does not support this application due to
parking and noise of patrons arguing and screaming. Closing this establishment
later than what was allowed is not a good idea if you are trying to have harmony
with the neighborhood. The neighbors do not want this open until 1:00 a.m.
They dose their kitchen early now, so it is not logical to say you want the place
open because they want to serve food later, they will not serve food, they will
serve alcohol later. That is my complaint overthis application.
Bill Lyle, local resident, noted restaurant patrons park on the street; noise is
problematic, especially at night; there are many restaurants on PCH but they
close earlier in the evenings; the Port is a restaurant but they want to stay open
an hour later and it will then became a nightclub; Bandera's gets two seatings in
an evening and they dose earlier than the Port now; it is difficult to understand
why this restaurant needs to stay open until 1:00 a.m. to get two dinner seatings.
Speaking in support of the application:
Ann StOnich, resident across from the Port noted the main problem is the crowd
lingering in the parking lot until 2 or 3 am. The suggestion of security in the
parking lot is a good one.
Shadan Shemlor, local resident, noted parking is a problem in Corona del Mar
and is not just because of the Port Restaurant. It is because they're building
their houses, extending the units with two parking spots. The restaurant has
paid for their parking as shown by the agreement. There is security and the
alcohol service is beer and wine only, it is not a nightclub.
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NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009
Roya Hosseinvuleh, local resident, noted her support of the restaurant
application. She uses the restaurant for her business seminars.
Josh Dodsworth, patron of the restaurant, noted his support of this application
and would appreciate the opportunity to eat We at the restaurant. He has not
had a problem with finding parking whenever he has frequented the restaurant.
This is a nice place to relax with friends.
A short recess was taken while a member of the audience was given medical
attention.
Public comment was continued.
Speakers in support of the application
Cheryl Ginn, patron of the Port restaurant, noted her support for the luncheon
hours. She noted bottles or glass never leave the restaurant.
Jeff Wright, musician, stated he has played at the Port restaurant the last five
months on his acoustic guitar. His music is quiet and he is appreciative to be
able to play. At Conxnission inquiry, he noted that his presentation would lose
quality if it was not amplified.
Nancy McKissic, local resident, noted her support of the restaurant and has
been a patron for many years. She has not encountered any of the problems
spoken about and added it is a nice place.
Summer Wheeler, event planner at the restaurant, noted there is security on
site, dancing is only for weddings or on holidays, and there are not a lot of
tables. The use permit does not stipulate that food has to be served until a
certain time. At Commission inquiry, she noted food is served until dosing time.
She explained that the security people make sure there is no overcrowding.
Mekaber Mohadjier stated he was employed by the restaurant to help with
security during December 2008 up to early part of August with direction to have
a presence outside at all times for the purpose of assuring patrons were able to
drive and were quiet as they get into their cars. The patrons of the Port did not
have bottles or glasses while they are getting into their cars and leaving. We do
not allow anything to come in or go out of the restaurant such as red cups or
beer bottles. This is not a nightclub. One of the main reasons for that 1:00 a.m.
time is so the individuals are not rushed out and ushered out in a timely manner.
Based on that we have never had issues as far as fights.
Dan Schell, local resident, stated he walks in the area and goes by this place a
lot He has never seen any of the problems that have been presented tonight
and it is usually a pretty mellow place. You can not hear music outside the
restaurant. He noted this place is an asset to the community.
Jason Rockwood, local resident stated his support of the project noting it is an
asset to the community with the music The owner is trying to come up with
issues to take care of the noise and with security implemented in the parking lot
Page 7 of 21
NEWPORT BEACH PLANNING COMMISSION MINUTES 09117/2009
would create a calmer time in the evening.
Naanink Kaduzian, local resident and frequent patron of the restaurant. This
place is classy and has wonderful music.
Chris Wissman of JEC Acoustic consultant noted he had performed a follow -up
sound monitoring a few nights ago. One of the tests was taken from some
homes and the noise source was a DJ system set up inside the restaurant The
sound readings were the same as those taken in June.
Stacy Jnts, noted she helps with the accounting and bookkeeping. She added
this is her second job and has brought her son to her work and feels comfortable
with him there as this is not a bad place.
Speakers in opposition of the application:
Carol Rohr, local resident, noted:
➢ Sound monitoring was taken at her home.
➢ There is a de -emphasis on food at the Port and they can't manage to get
one seating done as they seem to have only has d'oeuvres. She noted
other restaurants seem to be able to have multiple seatings and do not
need security to take you out to your car.
Whether there is a dance permit or not you give people rive
entertainment and serve booze, they are going to dance anyway.
➢ The type of music that has been complained about is the live DJ music.
Angela Kralovec, local resident noted:
➢ There is no on -gang security.
➢ DJ music is not the same as guitar music.
D If these items are permitted, they woad never be taken away.
She has been yelled at, awakened and harassed by Port restaurant
patrons.
If they are not complying with the law now, why would they comply in the
future? He is allowed to stay open until midnight but stays open past
that If given more latitude and allowed to stay open until t a.m., you
know it will be opened beyond that.
Dave Stone, local resident, noted he is against this proposal due to litter, noise
and parking problems. He has to disclose the proximity of the restaurant to his
duplex when rents it out to new tenants.
Mr. Zadeh noted there are some issues and that he has been working with the
City for the past three months. The neighbors are important and the houses and
businesses are dose together and we need to work issues out through
compromise.
Chairman Hawkins asked about the new parking agreement that was entered
into today. Do you have a copy of that agreement for us to review?
A copy was made available.
Page 8 of 21
NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009
Commissioner Peotter asked if the applicant would consider shutting down the
restaurant earlier on Sunday through Thursday nights, such as 11:00 p.m., in
order to be open until 1:00 a.m. Friday and Saturday nights.
Ali Zadeh answered he would like to see the economics of it. He wants his
business to survive as right now the business is losing and the 1:00 a.m. is to
have the extra opportunity, maybe the restaurant will serve until 12:30 a.m. and
the last 30 minutes is done with patrons leaving.
Chairman Hawkins stated the answer to the question is either yes or no. Open
until 11:00 p.m. Sunday through Thursday, and then Friday and Saturday unfit
1:00 a.m. Why don't you think about that?
Ali Zadeh noted this has some merit, but he has to address the dynamics of the
restaurant. He wants to do something good for the business. Security is in the
parking lot and in the restaurant and that helps. He stated that there are no
placards regarding city parking available in Corona del Mar. Valet parking is out
of the question due to the drop off being in a public area. We want to serve food
until 12:30 a.m. The remodel will allow this as one area is less popular and the
other area becomes more popular. We want to create a flow and make the
areas as one.
Chairman Hawkins noted the building portion is not part of the application
tonight. That building portion has to be addressed through the Building
Department.
Ali 7adeh answered he wants to improve everything. Whatever needs to be
done to diffuse the noise and disturbance to the neighborhood, the City can help
a little bit This is a neighborhood issue rather than anything else.
Marilyn Scheer, representing the applicant:
• Stated what is here is a balance of interest
• This restaurant is in a commercial district and deserves commercial
rights.
D The patrons have rights and have freedom of expression and the right to
assemble.
• There are about 25 people and with dependents there are 100 who
depend on the applicant for their livelihood.
• Mr. Zadeh pays taxes and there are economic arguments to be made as
set forth in their brief.
• Mr. Zadeh is trying hard to work with his neighbors and he needs a
break to keep going in this business as this is a very trying economic
times.
Ali Zadeh noted the Port takes care of itself. We want to do something for the
neighborhood. But, who is going to be next; everyone's rights need to be
protected. The notion of a nightclub with dancing is not suitable in this location.
Chairman Hawkins then discussed the parking agreement rights. There are no
exclusive rights listed. Additionally, tt says not withstanding the expiration date,
this lease could be terminated by either party at their sole and absolute
Page 9 of 21
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NEWPORT BEACH PLANNING COMMISSION MINUTES 09117!2009
discretion with a thirty -day written notice. This is not a three -year deal; it can be
terminated on thirty day notice.
Ali Zadeh answered there is no attendance there now, we have a relationship
with the same gentleman who has given us parking there for the last three years.
Public comment was closed.
Commissioner Peotter asked about the proposed changes inside the building
discussed tonight, the use permit would not restrict that today?
Mr. Afford answered that the current use permit does require that floor plaits be
in substantial cenformano with those approved in 1977, from what I see the
changes are not that substantial so they would be in substantial conformance.
Commissioner Peotter asked staff if the applicant wanted to serve lunch at an
earlier time, the existing conditions of approval would allow him to, upon showing
parking for that day -time use, staff would allow service Saturdays and Sundays if
parking is allowed. He then referred to handwritten Page 29, Condition 4. It
seems he has that flexibility.
➢ There is an issue of'grandfathered' in.
Does not agree with an extension of hours especially Sunday through
Thursday.
• If there was some give and take on the earlier days of the week, possibly
later hours could be granted Friday and Saturday.
• Since you can not come up with an answer tonight.
Motion was made by Commissioner Peotter and seconded by Commissioner
Toerge to deny the application as written.
Commissioner Eaton noted the applicant's attorney has put this memo on
record and so asked for an opinion from counsel.
Mr. Tones, noted the live entertainment ordinance was established 1949_ He
does not agree that they have a non - conforming right to entertainment.
Chairman Hawkins asked about the document.
Mr. Afford answered it was in the Section in the Municipal Code dealing with
establishments of live entertainment and appears the origin date of that
ordinance is 1949.
Commissioner Eaton then asked about free speech issues with the limitation
on hours of operation.
Mr. Tortes noted he does not agree with that assertion. Any first amendment
activity, even if It was protected, is subject to reasonable time, place and
manner restrictions. An hour restriction on when a business can operate or
what type of activity they can have, is certainly allowable under the cases
interpreting the First Amendment The applicant asserts that there are First
Amendment rights at stake, but they provide no backup for that. Based on
Page 10 of 21
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NEWPORT BEACH PLANNING COMMISSION MINUTES 09117l2D09
the information we have here at this time he does not agree with the applicant.
Chairman Hawkins asked what sort of speech they have.
Mr. Torres answered it is not political speech, what they assert from public
comments is the right for people to assemble. Of course, they can assemble
up until 12:00 a.m. now as it is. Assuming this is First Amendment activity it
would be subject to reasonable time, place and manner restrictions. This is
allowed by the courts to be hours set by the City, which is currently 12:00
a.m., that's allowed.
Commissioner Eaton noted:
• It was suggested the conditions appear to allow the weekend hours
because the parking agreement allows for this. Is it sufficient to make
this assumption? Weekend hours are reasonable in light of the
parking agreement even though it is not an exclusive right to use.
• I don't think weekend lunch hours would be that much of a problem in
the neighborhood and 1 don't think that there will be that many users
of the commercial buildings will be using that.
• He would be inclined to allow weekend lunch hours if the existing
condition wasn't broad enough to assure that.
Chairman Hawkins asked for clarification of the motion.
Commissioner Peotter stated his preference is to not adjust or modfy the
existing conditions of approval at all. Staff would have the ability to grant the
lunch hour service.
Chairman Hawkins noted there were residents who were very concerned
about the weekday use; their testimony noted concern of the daytime noise.
Mr. Lepo, referring to the 1977 conditions of approval, noted the provision is
requiring the City Attorney's explicit approval regarding a parking agreement
for daytime lunch hours. Typically there is a condition for a Planning Director
approval, the parking agreement submitted could be the basis for the finding.
Chairman Hawkins noted we have just received and read this document.
Does it provide the safety required by Condition 4?
Commissioner Peotter answered it is staffs call as it deals with the
technicalities of whether the parking agreement is sufficient. The Planning
Commission in 1977 already said if parking was available it could be allowed.
Mr. Lepo noted you still need to approve a use permit with conditions relating
to the need to replace that parking, should it go away. If you have to do that,
you will need to make sure there is provision for okaying ttat sometime in the
future so staff could do it
Commissioner Peotter stated his motion was to deny the application and not
modify the existing conditions. Condition 3 talks about if they lose their
parking spaces, as long as they have 40 spaces somewhere, I'd rather leave
Page 11 of 21
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NEWPORT BEACH PLANNING COMMISSION MINUTES 03/17/2009
as far as
Commissioner Eaton noted his agreement of the motion as to the
entertainment provision. Parking may be tenuous and is concerned if the Port
Theater becomes a restaurant, then they may start in a bidding war on the
same parking. There is a condition existing that this item has to come back to
us if they happens. He asked if the parking does provide the 10:00 a.m. to
2:00 p.m. on the weekend hours, our sense of the motion is that would be
allowed.
Commissioner Toerge noted:
➢ Quality of the applicant is not what we consider. This is a land use
decision and the application and use permit runs with the land.
➢ The applicant himself indicated he has the freedom to sell the
business anytime he wants.
➢ We are looking at what is allowed and not the personality of the
applicant.
➢ This gentleman is asking us to expand his rights.
➢ Sensitive to the difficulties, we all face in the economy today; but
economic difficulty does not justify compromising sound planning
principals. If the City Council wants to compromise what good
planning is for economic issues, that is their choice why they were
elected.
D As the Planning Commission, it is our responsibility to recommend to
the Council and community good sound planning.
➢ Applicants never come in to downsize their conditions if the economy
is good, so for us to compromise sound planning for a temporary
economic situation is not supported by me.
➢ There has never been a permit for live entertainment to occur there.
That's not to say it hasn't occurred there.
D Our system is complaint based and when the restaurant was Mistral's
or Trees, the complaints did not rise to the level that Code
Enforcement or the police got involved. Yet, for this applicant they
have. The fact that there has been live entertainment but no remedial
action taken suggests that this applicant is not quite as considerate as
he would like us to believe.
The in -place security does not seem consistent with how a restaurant
operates. That is more of the way a bar operates.
➢ Technically, there is a requirement when we allow off -site parking
arrangements to be made in the City; they have to be made
permanent. This applicant is proposing to spend a lot of money on the
basis of granting this permit and we want to be sure that he has the
ability and right to recuperate his investment. If he loses the parking
arrangement then the use gets restricted again, that is why it needs to
be permanent parking. A three -year arrangement with a thirty-day
cancellation clause is not permanent.
➢ The restaurant is an asset to the community, nobody is removing it.
D He supports the motion of denial.
Chairman Hawkins reiterated the motion is staff recommendation for denial of
Page 12 of 21
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NEWPORT BEACH PLANNING COMMISSION MINUTES 09/17/2009
Page 13 of 21
o
Ayes:
Eaton, Unsworth, Hawkins, Peotter, Toerge and Hillgren
Noes:
None
I
Excused:
McDaniel
SUBJECT: Goldring Residence (PA2009 -070)
ITEM NO.3
309 Linda Avenue
Approved
The application is for a proposed single -unit dwelling with the following deviations
from the Zoning Code requirements: 1) A request for a variance to exceed the
maximum floor area limit by approximately 400 square feet and a waiver of the
open space requirement 2) A modification permit to allow the dwelling to
encroach 10 inches into the required 3 -foot side yard setback and 1 foot into the
required 10 -foot front yard setback. 3) A use permit to exceed the 24 -foot height
limit by approximately 3 feet with the midpoint of the proposed pitched roof.
Fern Nueno, Assistant Planner gave an overview of the staff report adding that
staff could not support the project as proposed, but could support a modified
scope of work_
Commissioner Eaton asked if staff had spoken to the applicant and architect
advising them 'rf a less aggressive approach could be taken.
Ms. Nueno answered yes, that conversation did occur. The homeowner feels the
lot is constrained and wanted to apply for this even though it will be a tear -down
with a new house built They are prepared to reduce the scope of work, ff
necessary, if the Planning Commission is not able to come up with facts in support
of the findings.
Commissioner Eaton noted this lot configuration is representative of the
discussion by the Committee in reviewing the new Zone Code. Could this
proposal be compared to the new proposed Zone Code?
Ms. Nueno answered it was reviewed with the draft Code version and found it
would be comparable to what is allowed. She went on and discussed the
ramifications with buildable area and re- design. Both the applicant and
architect had read through the current and draft Zone Code but want this
application now. They could modify their proposal and comply with the current
Code.
Chairman Hawkins asked about the Design Guidelines that were incorporated
in the updated General Plan.
Ms. Nueno noted this proposal has been reviewed with these guidelines and
meets most of them but there is an issue of long, unarticulated exterior walls.
Discussion continued on the design.
Commissioner Unsworth asked if the third story was moved rack towards the
alley in accordance with the new Zone Code, would they be able to have the
requested hei ht.
Page 13 of 21
o
J.'O
Attachment No. CC 10
New Correspondence Received
Id
J�
mailto .jmurillo @newportbeachca.gov
Mr. Jaime Murillo,
I am told that you are involved with a Staff Report for the Port Bar, in the consideration of live
entertainment, changing their hours, and having brunch. I am the person who took three days off to
have 61 local residents /neighbors and 7 business on Heliotrope and Coast Highway the petition that
you should have in your files. Many people I could not reach do to their work habits. I am sorry I have
not have the opportunity to personally meet you, but I am hoping since Mr.Ali Zadeh, owner of the Port
Restaurant & Bar wishes to continue affecting our neighborhood, that you will include my email to
your report.
Mr. Murillo, again I am not interested in shutting down the Port Bar. I have eaten their several times,
and enjoy the place. But when you use public streets as your own private parking and with a staff of
25, where will our family and friends park? Mr. Zadeh first says he has an exclusive contract with the
parking facility diagonally across from the Port, only to find at the City Zoning Meeting that it is no
more the a month to month agreement. It is apparent with the time and money that Mr. Zadeh is
spending, he is expecting lines of young party goers waiting to listion(dance) to loud and live music.
He has two lawyers, headed his own petition drive from his patronage months before the Zoning
Meeting, paid for polling on the internet, hired several times a sound engineer,and an expensive
campaign in order to have a second seating for his meals? Mr Zadeh proudly claims on one of the City
Zoning Meeting. that he has hired three bouncers and since changed to naming them customer service
personal. What other restaurant hires three bouncers for sit down service? I have met with the sound
engineer, Steve for a test on my balcony and street level sound effects. I told him of my
disappointment that he would allow the Port Bar employees to regulate the sound system, as well to
supposingly open the windows and door when he calls them for instructions. Which means no
independent study, in fact it was corrupted. No electronic DJ or live entertainer was used, like when
my complaints and my neighbors where generated last summer. But you can guess that the complaints
will come in if they are allowed to perform their concerts.
Mr. Zadeh has a right to dispute our arguments, and he has done this by trying to punch holes on the
neighbors complaints, the police reports, our petitions. It seems, he has questioned our own experience
with fights on our streets, seeing vomit, sex in cars, empty bottles, empty cups of liquor. If we don't
have reality TV, videos, lie detectors, police on our becking call, then according to Port Bar it didn't
happen. So enclosed I have included pictures that I have taken from 09/25 to present the rubbish that
we have to deal with at this sit down restaurant. Please notices the used cups that smell of alcohol.
Also the graffiti in white 09/25, which while it was on the Port Theater, some five feet from the door of
Port Bar. And it is still there! We called in the new graffiti of 10/07, which was cleaned 10/26. This is
what we may expect in the future from a responsible restaurant owner who does not worry about his
neighbors environment. Do to the limit of internet bandwidth for pictures, I may send it to you in
several emails. If you have any questions, please contact me for any assistance.
Thanks you,
Mr. Dieter Brunner
)�3
11 -i w
October 30, 2009
City Council, City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Proposed Amendment to Use Permit No. 1566
Port Restaurant & Bar - 440 Heliotrope Ave, Corona Del Mar
Applicants Appeal to the.City Council set for Public Hearing:
November 10, 2009 at 7:00 p.m.,
Dear City Council Persons
This letter is submitted in conjunction with my prior letters to the Planning Commission
of August 13, 2009, September 14, 2009 and September 17, 2009, my letter to Charles Spence,
of March 4, 2008 and my letter of October 29, 2009 addressed to the City Council, regarding my
opposition to the proposed Amendment to the Port Restaurant & Bar Use Permit No. 1566. This
letter is necessitated due to the recent purported "Statement of Facts by the Port Restaurant and
Bar In Support of Its Application for Amendment to Use Permit No. 1566 dated October 23,
2009," which contains self serving and misleading statements, unsupported by facts or evidence
The second paragraph of the letter is blatantly incorrect when it states "The Port has been
a very welcomed addition to the community and supported by many of the long -term residents of
the area." No statement could be more incorrect as evidenced by the avid opposition to the
amendment by many long and short term residents due to the approximately two years of
disturbance to the neighborhood surrounding the Port Restaurant & Bar. Please see my
previously submitted letters and those of many other residents on Heliotrope and Goldenrod and
the surrounding area.
The second paragraph continues in a self - serving manner, "This is due largely to ongoing
efforts and a commitment of the Port management to cooperate with its residential neighbors to
accommodate all reasonable concerns involving the operation of the business in a manner
respectful of their proterty rights." The disturbing fact is that the Port Restaurant & Bar owner
and staff have exhibited absolutely opposite conduct by ignoring the complaints of residential
neighbors to the police department and code enforcement with the confined unauthorized loud
music and the failure to control drunk, rowdy, boisterous patrons. Now, completely ignoring the
pleas, fears and concerns of the residential neighbors, the applicant is seeking to extend the hours
on Thursday through Saturday until 1:00 a.m. in the morning which will allow just one more
hour of drinking, further contributing to the drunk, rowdy, boisterous, aggressive conduct of the
patrons of the Port Restaurant & Bar, and awakening and/or keeping awake the residential
neighbors until 1:30 a.m., upwards to 2:00 a.m., in the morning, However, the applicant
disengeniously argues that the extension to 1:00 a.m. is in order to provide a second seating!
Any good, reputable restaurant serves the dinner crowd beginning at 5:00 p.m. and is able to
accomplish numerous seatings in an evening, prior to 10:00 p.m. or 11 :00 p.m. The late crowd
City Council, City of Newport Beach
October 30, 2009
Page 2
that the Port Bar seeks to attract by extending its hours to 1:00 a.m. in the morning on Thursday
through Saturday, is not late diners but late drinkers! The applicant additionally seeks live
entertainment, which will admittedly include a DJ, thus bringing a night club atmosphere into the
residential neighborhood until 1:00 a,m, in the morning on Thursday through Saturday, and
midnight every other. day of the week. This certainly is not what one would call "cooperating
with the residential neighbors." It is important to remember what the Newport Beach Police
Department Memorandum to the Planning Commission Staff Report of August 20, 2009 pointed
out, "...the Police Department knows from experience that past actions are a good
indicator of future performance." (pg.3)
Review of the diagram of Minor Changes to Make Major Imporvements on page 2, is
very revealing. First of all, the outdoor atrium is open to the sky and allows all sound, including
voices - laughing, screaming, hollering- and live entertainment to escape and bounce off the
high back wall of the Port Theater and travel down Heliotrope and through out the neighborhood,
bouncing off of buildings and walls. Additionally, it appears from the diagram, that windows on
the S/E side of the restaurant which face onto parking and two residences, will now become
doors, allowing just that much more noise to escape.
Thank you for your further consideration of these additional points that are of utmost
importance to the residents of the 400 block of Heliotrope Avenue, the surrounding area and the
"village" of Corona Del Mar. i again encourage you to follow the "resident first" commitment
of the Vision Statement and General Plan of Newport Beach and ' village" of rona Del Mar
and respectfully request that you unanimously deny the A men to Use mit o. 1566 for
the Port Restaurant & Bar.
Very truly
C rol Ann
42kEgliofrope Avenue
Corona Del Mar, CA 92645
Enclosures:
Statement of Facts by the Port Restaurant and Bar In Support of Its Application for Amendment
to Use Permit No. 1566 dated October 23, 2009
10
October 29, 2009
City Council, City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Proposed Amendment to Use Permit No. 1566
Port Restaurant & Bar - 440 Heliotrope Ave, Corona Del Mar
Applicants Appeal to the City Council set for Public Hearing:
November 10, 2009 at 6:30 p.m.,
Dear City Council Persons:
This letter is submitted in conjunction with my prior letters to the Planning Commission
of August 13, 2009, September 14, 2009 and September 17, 2009 regarding my opposition to the
proposed Amendment to the Port Restaurant & Bar Use Permit No. 1566. Copies of these three
prior letters are submitted with this letter for your reference. I have additionally attached a copy
of a letter addressed to Charles Spence, Code Enforcement Officer, dating back to March 4,
2008, which chronicled problems with the noise, noisy patrons and loud music emanating from
the Port Restaurant & Bar as far back as August/September 2007.
I have been a resident of Heliotrope Avenue, Corona Del Mar, for approximately thirty -
five (35) years. I live in the first block of houses on the ocean side of PCH. Approximately six
years ago my daughter, her husband and I built a home on the property where we all live along
with their two young children. This is and will be our home for many, many years to come)
This letter will address the Petition "with highlighting and comments" circulated by the
applicant, or at his direction, in the neighborhood surrounding the Port Restaurant & Bar, and
possibly throughout a wider area of the village of Corona Del Mar. This letter will also address
the Statement of Facts by the Port Restaurant and Bar In Support of Its Application for
Amendment to Use Permit No. 1566 dated October 23, 2009. In this October 23`d Statement of
Facts the applicant states that he is not seeking the introduction of "dancing" and is revising his
application to seek extended hours to 1:00 a.m. on Thursday through Saturday nights.
Approximately 68 petitions vvere submitted to the Planning Commission by a resident of
Heliotrope Avenue, Mr. Dieter Brunner, at the time of the September 17, 2009 continued
hearing. The petition prepared by Mr. Brunner, which I signed, was one of those petitions
submitted. It was brought to my attention a few weeks after the hearing that the petition which I
had signed had been singled out and was being circulated by the applicant and/or his supporters,
with "comments" on the front side of the petition and a questionnaire on the back. A copy of the
petition "with highlighting and comments" is attached behind this letter.
First of all, it is my understanding that the petition signed by me is the only one being
circulated around the neighborhood. I have been vocal against the proposed amendment to Use
0
City Council, City of Newport Beach
October 29, 2009
Page 2
Permit No. 1566 both by way of letter and speaking at the Planning Commission hearings.
Secondly, I consider the singling out of the petition signed by me for circulation with
"comments" to be an act of attempted intimidation by the applicant and his supporters. I have
been a resident on Heliotrope for over 35 years and will continue to be, and I am concerned that
this singling out of my name and address will jeopardize our safety and the peaceful use of our
property by me and my family.
For the purpose of clarity I have assigned a number to each comment on the attached
Petition "with highlighting and comments" and will address each comment in numerical order.
In doing so I will additionally address, where applicable, the October 23, 2009, Statement of
Facts by The Port Restaurant.and Bar in Support of Its Application for Amendment.
Comment No. la:
The applicant purports that all "documented violations" have been appealed. The fact
that the applicant purports to have appealed all "documented violations" does not negate the fact
the violations were found and numerous complaints by the residents preceded those documented
violations.
Comment No. 1 b:
The applicant maintains "our permit does not prohibit entertainment." However, this
position was controverted at the September 19, 2009 Planning Commission hearing by Deputy
City Attorney, Michael Torres, who presented a memorandum regarding the fact "live
entertainment requires a permit and is not allowed as a matter of right."
Comment No. 1 c:
The applicant disingenuously maintains that multiple noise studies have shown the Port
Restaurant & Bar is "well below noise ordinance levels"
Loud music from the Port Restaurant & Bar has been an extreme problem as far back as
August/September of 2007. (Please see my letter of March 4, 2008). The music has been either
live or with a DJ and can be heard for blocks. Due to the nature of the music, there is a lot of
"base" which can not only be heard but can also be felt. The center courtyard and back portion
of the Port is open to the air so the noise rises and also bounces off the high back wall of the Port
Theater. The sound and the amplification can be heard and felt through walls and windows the
entire night until closing, which is oftentimes after midnight. My bedroom suite, which has glass
French doors and flanking windows, faces the street and I can hear the loud music and
amplification (and feel the "base ") whenever the Port Restaurant & Bar has had live or DJ music
even though my double pane windows are closed and I am wearing ear plugs. The same loud
music and amplification can also be heard from my grandchildren's bedrooms on the second
floor on the Port Bar side of the house. In my August 13, 2009 letter, I stated that any valid
noise study should include readings from my second story front balcony. The purported "Noise
91
City Council, City of Newport Beach
October 29, 2009
Page 3
Study" attached to the Staff Report for the August 20, 2009 Planning Commission hearing, was
deficient on its face as it only checked the noise measurements of the nearest residences, and
only from the ground floor.
My September 17, 2009 letter explains how, after the August 20, 2009 hearing, Chris of
JEC, proposed to me and others in the neighborhood that he would like to do a "courtesy" sound
test from those residences that complained of hearing live music from their second story. He and
I agreed that Friday night, September 11th would be a good night since the Port Restaurant & Bar
has larger crowds on Thursday and Friday night which results in additional noise from the
restaurant and patrons. Chris admitted that he was the one that would determine how loud to
make the music during the test, and that the determination was subjective. The night before the
sound test scheduled for September 1 Ph, Chris called and cancelled because it was not good for
"other (unnamed people) involved" and reset it for Tuesday night, September 15th. I told him
that the new date was impossible for me due to work commitments and because my
grandchildren would be asleep in their second floor bedrooms. Chris also informed me that the
police department had dropped out of the testing.
The purported Supplemental Noise Study of September 15, 2009 is not independent and
is defective and misleading. There was no monitoring by an outside agency and JEC is an agent
of, hired by, the applicant. The Second Noise Study (page 3) states that the home owner at 429
Heliotrope was not available to allow monitoring at the residence but that they checked outside
at the property line and there was "very little detectable sound coming from the restaurant with
no increase on the monitor from the ambient level ". This conclusion makes no sense and does
not explain how from August/September 2007,1 have been disturbed by extremely loud
amplified music from the Port Restaurant & Bar, which I could hear and "feel" (the base) from
my second story suite, with windows closed and ear plugs in. As a result I have had to call the
police department numerous times and initiated complaints to code enforcement beginning in
March 2008. Other residents on the street and in the area have done the same. At the end of the
Supplemental Noise Study, Chris opines that when he went back into the restaurant after the
monitoring he witnessed customers complaining that the test level was too high and apparently
some customers left because of it. This conclusion doesn't make any sense either. For almost
two years, up until the applicant filed for the current amendment, I and other neighbors
continuously complained about the extremely loud music from the Port Restaurant & Bar. In
spite of these complaints, as well as code enforcement and police intervention, the Port
Restaurant & Bar continued having loud amplified music. They certainly would not have done
so if it was causing their customers to complain and even leave. Chris (JEC) and the applicant
are talking out of both sides of their mouths. They can't have it both ways! Clearly, the
purported "sound tests" have been skewed to appear to render favorable results for the Port
Restaurant & Bar and its request for an amendment to have "live entertainment ".
lq
City Council, City of Newport Beach
October 29, 2009
Page 4
The concern is, if the level of the liveiamplified entertainment (not authorized by the
current use permit) from 2001 up until when the Port filed for their current amendment was so
loud that it resulted in calls to the police department and complaints to code enforcement, how
loud will it now be if their amendment is "granted" and they are allowed to have "live
entertainment'? As the City of Newport Beach Police Department July 31, 2009 Memorandum,
attached to the Planning Commission Staff Report of August 20, 2009 pointed out,".. . the
Police Department knows from experience that past actions are a good indicator of future
performance." (pg.3)
If the City Council is inclined to grant the amendment for the "live entertainment' and
the extended hours until 1:00 a.m., I request that the residents first have the opportunity to
conduct a professional, unbiased, objective, well monitored sound test in the neighborhood,
including from the second story at 429, 425 and 4231/2 Heliotrope, as well as other locations:
Comment No. 2:
The applicant maintains "Dancing was Never Part of our Plan." Review of the initial
Staff Report for the initial August 20a` Planning Commission hearing specifically states in the
"Project Summary" that the Amendment to Use No. 1566 seeks to allow "(2) Introduction of live
entertainment and dancing." However, even if the applicant has now stated in writing that he
does not seek the introduction of "dancing" at the restaurant, it is an empty promise /position.
The reality is, as my letter of September 14, 2009 points out, when restaurants turn into night
clubs at 10:00 p.m., dancing goes along with the live entertainment and night club atmosphere.
(See attached thereto, LA Times, Orange County Edition, article dated March 16, 2008, which
chronicles problems Fullerton and Carlsbad encountered when restaurants were allowed to turn
into nightclubs at 10:00 p.m.) With or without a permit, dancing happens when there is live
entertainment. I submit that this will be the case at the Port Restaurant &b Bar, with or without a
so called "dance permit ", if Use Permit No. 1566 is amended to allow "live entertainment ".
Comment No. 3:
If the proposed amendment to stay open until 1:00 a.m. in the morning is allowed the
"leaving process" which now takes place from approximately 1 1:00 p.m. upwards to 1:00 a.m.
(with the current closing time of 12:00 midnight) will be expanded upwards to 2:00 a.m, in the
morning. Now, with the alleged closing time of 12:00 midnight, there is screaming, yelling, loud
voices, slamming doors, car alarms and revving engines starting between10:00 and ] 1:00 p.m.
and lasting until 12 :30 and sometimes even upwards to 1:00 a.m. in the morning. This extreme
disturbance will now be expanded upwards to 2:00 a.m. in the morning if the closing time for
the Port Restaurant & Bar is allowed to be amended to 1:00 a.m. This extreme disturbance of the
peace takes place on the sidewalk and in street in front of the Port Restaurant & Bar, in the
parking lot across the street from the Port Restaurant & Bar, in the parking area along the alley
just S1E of the Port Restaurant & Bar, which is bordered by the residences of 432 and 432 1/2
1..93
City Council, City of Newport Beach
October 29, 2009
Page 5
Heliotrope, on Second Street, on the sidewalk and street of the entire 400 block of Heliotrope
and the sidewalk and street of the 400 and 500 blocks of Goldenrod,
The applicant's modification of his application to extend closing hours to 1 :00 a.m. in the
morning on Thursday through Saturday night does not lessen the detrimental impact on our
residential neighborhood. Thursday night starts the weekend for the young, hard drinking crowd
that the Port Restaurant & Bar is attempting to appeal to by staying open until 1:00 a.m. in the
morning, Either they don't have jobs or are able to function tired and hung over. The residents
in the neighborhood that are affected by the behavior discussed in the preceding paragraph, as
well as by the proposed live entertainment, are people with jobs and/or school to go to on Friday,
children with school and people with responsibilities. Likewise, these residents don't want to be
awakened or kept up until at least 1:30, upwards to 2:00 a.m. early Saturday morning, as they
have soccer/baseballfbasketball/ swimming, etc. events to attend, errands to accomplish and
home, family and religious responsibilities. The same concerns support not wanting to be
awakened or kept up until at least 1:30, upwards to 2:00 a.m, early Sunday morning. The
bottom line is the Port Restaurant & Bar is "embedded" in a residential neighborhood
with residential home and families and childrenM
Comment No. 4:
The applicant challenges the use of the term "bouncers ". Would he prefer to call them
"security "? The effect is the same. What "cozy ", "friendly ", "reputable" restaurant in the middle
of a residential neighborhood needs three (3) "bouncers" and/or "security" and/or "personnel" to
control the behavior of its clientele? Only a restaurant/bar that has been allowed to turn into a
night club -- with live amplified music and closing hours extending into the early hours of the
morning!
Comment No. 5:
Based on information and belief, incidents such as fist fighting, vomiting, urinating on
lawns and/or yards and discarded condoms have been reported by neighbors /residents in close
proximity to the Port Restaurant & Bar and the parking area along the alley to the S/E and the
parking lot across the street. I have personally observed what appears to be sexual conduct in
cars, red cups with and without liquid content and beer bottles, and heard fights, yelling,
screaming, hollering and the slamming of doors and revving of engines.
Comment No. 6:
The applicant makes the disingenuous argument that if he could be open until 1:00 a.m.
in the morning it will spread the noise out over a longer period of time and it will have less
impact on the neighborhood. To the contrary, being open another hour until 1:00 a.m. in the
morning on Thursday through Saturday nights will just allow one more hour of drinking, further
contributing to the drunk, rowdy, boisterous, aggressive conduct of the patrons of the Port
Restaurant & Bar. If allowed to stay open until 1:00 a.m. the residents will be kept awake and/or
jq
City Council, City of Newport Beach
October 29, 2009
Page6
awakened upwards to 2 :00 a.m. by the departing drunk, rowdy, boisterous, aggressive patrons,
instead of the current 12 :30 a.m. and even sometimes even upwards to 1:00 a.m. In effect, the
applicant threatens that if not allowed to stay open until 1:00 a.m., the Port will "have no choice
(sic) of letting 75 -100 people (sic) at once and that will create noise and disturbance." (Please
see discussion under Comment No, 3 above.)
Comment No. 7
The applicant disingenuously purports to be attempting to solve and/or answer the future
challenges regarding additional parking for the Port Theater. The truth of the matter is, if the
Port Restaurant & Bar is allowed to become a night club with live entertainment and a 1:00 a.m.
closing time, it will draw more people to the area compounding the parking situation which will
be aggravated by the dangers of alcohol related accidents and behavior.
Conclusion:
Additional documents submitted to the Planning Department apparently after the
September 17, 2009 hearing, included a letter from the Newport Beach Chamber of Commerce.
This misguided letter includes the disingenuous statement that the Mr. Zadeh's application to
amend Use Permit #1566 seeks to allow "for minor changes in the operational characteristics of
his restaurant." As discussed above and in all of my prior communications regarding the
proposed amendment, the request to allow live entertainment and to extend the closing hours to
1:00 a.m. in the morning, are not "minor changes" but "major changes" that will be detrimental
to the public health, safety, peace, morals, comfort, and welfare of persons residing or working in
the neighborhood of the Port Restaurant & Bar, As evidenced by the avid opposition to this
amendment by residents of the neighborhood, these are not "minor changes "! The Chamber of
Commerce letter supports these "changes to remain competitive in a very difficult economic
climate." In response, I paraphrase what Planning Commissioner, Michael Toerge, said at the
September 17, 2009 Planning Commission hearing, difficult economic times do not warrant
compromising sound planning principals.
If allowed to have a permit for "live music" and longer hours, this loud music and
amplification will be heard and felt into the early morning hours. There will be no peace or
tranquility for the residents on and surrounding the 400 block of Heliotrope Avenue. The nature
and type of the music is just another example of the Port attempting to become a nightclub.
However, not only does this disturb the peace of a residential neighborhood, it also brings a loud,
boisterous, heavy drinking crowd into our Corona Del Mar "Village" neighborhood. What has
happened to the "village" theme and atmosphere that Corona Del Mar was trying to foster? A
night club within the residential "village" certainly does not promote or preserve this image or
atmosphere! There is no other restaurant/bar in Corona Del Mar that is "embedded" in a
residential neighborhood and fronts onto a residential street with homes and families and
chifdrenM All others restaurant/bars are on Pacific Coast Highway.
�, .
City Council, City of Newport Beach
October 29, 2009
Page 7
Thank you for your attention to this critical situation for the residents of the 400 block of
Heliotrope Avenue, the surrounding area and the "village" of Corona Del Mar. I encourage you
to follow the "residents first" commitment of the Vision Statemerzt_and eral Plan of Newport
Beach and its "village" of Corona Del Mar. I respectfully request-that you usly deny the
Amendment to Use Permit No. 1566 for the Port RestafiiZt & Bar.
Carol Ann Y
429 H trope Avenue
ona Del Mar, CA 92645
Enclosures:
- Petition with "comments"
-March 4, 2008 letter to Charles Spence, Code Enforcement Officer
-Letter of August 13, 2009
-Letter of September 14, 2009
-Letter of September 17, 2009
have been appea
permit does not
multiple noise
lies have shown we
well below city
se ordinance levels
lvd.
e need to work
;ether with the
y to minimize
impact of Port
teatre opening
the area and
have no
cements for
ng if they
as theatrel
need to
ablish the
unit parking
i request signs
the city to
tWbit folks
.king all over
place!
ease sign up our
.net in regards to
lrt Theatre
irking Impacts
we can present
to the city
dependent of
.tr application.
bank You!
Newport Death
B&dWvnmd tPxeamhk):
WAIT 7.adeh, mer of rb
buaiow under the cmrerd
0o eMrsgo the tezns oftha
7a+delt has
)u&g ?Ort Bar special even+,
f usty am even We to, causing
else accusation: We made it elear'that
Dancing Was Never Part of our Plan on
repeated basis before this petition but
someone wants to keep using it!!!
ur Current Permit is 12AM
autant & Liar lncata :440
H!
40H
has bean bt
L(tbougb%41b '`�" v) r2t�lyauAnowwams
Mn All li has dectdcd m fora an nfthe atintng
s inctude5„ ... . - serving hmoh, and
'06M only W tines of people Ott side
oresoolly.eajoy. Many paopfe 0a ve A
And this w40 only conlitwa.
W, Well *Ck
"ed for 60 to
hone owacts had to
.00zy restaurant
a SteA44 pact,
r ems in ttu back &14
i g . a sunea
:ra wilt ba
to par+tcet OarpCapati<
And opcnLitt oily to agWoa ft itsn
thna %stomps gem hurt duo m sash minor cMw as no sftd light, imdegoam roads, or low
onfarcemart. -
7
eers. We have
noel outside
iding people ti
quiet when
ndering Port and
:re is no evidence
back any of these
Lions listed. These
iy have happened
the past
!ablishments but
in doesn't allow
iv misbehavior!
e never intend to
z.hange any laws. We
ant weekend lunch
erviec and extend
losing time by one
our and have
personnel present at
he parking !at so the
estleave in an
rderly fashion and
rnize impact to
eighborhood. If we
on't get the
endments, we have
no choice of letting
5 -100 people at once
d that will create
oise and disturbance
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949 - 723 -9687 — Should you have any questions, feel free to ask us!
March 4, 2008
THIS IS A CONFIDENTIAL COMMUNICATION
Charles Spence,
Code Enforcement Officer
City of Newport Beach
RE: "Me Port" Restaurant & Bar
440 Heliotrope Ave.
Corona Del Mar, CA 92625
Dear Mr, Spence:
This is in follow up to our conversation of yesterday regarding the above referenced property.
I am a thirty five year resident of Corona Del Mar and have lived at 429 Heliotrope Ave for
approximately thirty three years. Over the years various eating/drinking establishments have been
located at the 440 heliotrope location. The current establishment opened up last year. Based upon
notes I have kept, I spoke with Alex the manager several times last August/September regarding the
loud music after 10:00 a.m. at night. Be advised that the music was supposed to stop at 10:00 a.m. and
that the establishment closed at 12:00 midnight.
Since the beginning of the year I have heard the music after 11:00 a.m, and even until midnight
and after. This is especially the ease from Thursday through Saturday nights. On Thursday, February
14, 2008, Valentine's Day, the music was playing after 12:30 a.m, the early morning of the 15". On
Friday, February 29, 2008,1 called The Port in the early evening and asked to speak with the manager
that I had previously been told was now Gabriel. I was able to speak with Gabriel and advised him
that on Thursday, February 28", the music was still going until 12:30 a.m, the early morning hours of
February 291 ". I additionally advised that I heard people loudly leaving well after midnight. He advised
that they had a D7 playing the music. He assured me that he would speak with the owner and
anticipated that the music would be stopping by 11:00 a,m, in the future and the establishment would
close at 12:00 inidnighi.
On Saturday night, March 1, 2008 music and noise was still emanating from The Port at 12 :30
a.m, of the early morning hours of Sunday, March 2'4. I called.the Newport Beach Police Department
and made a noise /disturbing the peace complaint. The dispatcher advised that she would send a car out
to the location.
11
Narles Spence
March 4, "2008
Page 2
I believe that we have a noise ordinance that establishes a noise curfew at 10:00 a.m.
Additionally, loud music would be considered "disturbing the peace" no matter what time it was. It is
my request that the music, if even allowed under their permit, be required to stop by 10:00 a.m..
Additionally, The Port should close its doors at 12:00 midnight at the latest. My suggestion would be
that there is an earlier close time Monday through Thursday, since people who have been drinking do
not seem to be able to leave quietly. .1 have additionally been told that there is a center courtyard area in
tine middle of the restaurant bar that is open to the air, If this is the case, it would allow the sound of the
music to travel farther than if it was in an enclosed space.
I heard rumor that when the new owner opened last year he wanted an establishment
compatible with the Corona Del Mar neighborhood which had been his home, What has developed
and is outlined above is not compatible with an establishment with a residential neighborhood with
families, children and people who have to get up and go to work and school the next day.
I would appreciate It if you could let me know what the current use permit for The Port allows.
I am sure that it does not allow music until 12:30 in the morning and fbr them to remain open past
midnight. Additionally, I will be very interested to learn how compliance with the use permit and the
expected quiet enjoyment of the neighborhood will be achieved.
Thank you for assistance
Or `)
August 13, 2009
Planning Commission, City of Newport Beach
Planning Department, Building C, 2 "d Floor
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Proposed Amendment to Use Permit No. 1566
Port Restaurant & Bar - 440 Heliotrope Ave, Corona Del Mar
Public Hearing - August 20, 2009 at 6:30 p.m.,
Dear Planning Commissioners:
I have been a resident of Heliotrope Avenue, Corona Del Mar for approximately thirty -five (35)
years. I live in the first block of houses on the ocean side of PCH. Approximately six years ago
my daughter, her husband and I built a home on the property where we all live along with their
family. This is our home!
Over the years various eating/drinking establishments have been located at the 440 Heliotrope
Avenue location. The first that I remember is the Pirates Inn which was a family restaurant.
Unfortunately that is not the case with the Port Restaurant and Bar. Since its inception, the Port
Restaurant & Bar has made no effort to contain the noise within its doors or request its patron to
leave quietly when they exit into the residential neighborhood. The problems have become worse
since the Port is apparently not succeeding as a restaurant and is trying to survive as a bar /night
club. The bar /nightclub draws a young, heavy drinking and boisterous clientele. There is yelling
that can be heard from the patio /smoking area, from in front of the bar and in the streets.
Especially after 10:00 p.m. there is yelling, screaming, fighting, revving of engines and
slamming of doors up and down the street. This continues until the restaurant closes, which is
now around 12:00 midnight. The worse nights are Thursday, Friday and Saturday, however, this
same disturbance can be heard throughout the work week, especially when the Port has their
"private parties ", If allowed to stay open longer, this disturbance of the peace will just continue
until the early hours of the morning, How can residents, families and children sleep for work,
school and a productive life with a night club in the middle of their neighborhood?
Loud music from the Port has also been an extreme problem, The music has been either live or
with a DJ and can be heard for blocks. Due to the nature of the music, there is a lot of "base"
which can not only be heard but can also be felt. The center courtyard and back portion of the
Port is open to the air so the noise rises and also bounces off the high back wall of the Port
Theater. The sound and the amplification can be heard and felt through walls and windows the
entire night until closing, which is oftentimes after -midnight. My bedroom suite, which has glass
French doors and flanking windows, faces the street and I can hear the loud music and
amplification whenever the Port Bar has had live or DJ music. Any valid noise study should
include readings from my second story front balcony. The same loud music and amplification
can also be heard from other bedrooms on the second floor on the Port Bar side. If allowed to
have a permit for `live music' and longer hours, this loud music and amplification will be heard
0
Planning Commission
August 13, 2009
Page 2
and felt into the early morning hours. There will be no peace or tranquility for the residents on
and surrounding the 400 block of Heliotrope Avenue. The nature and type of the music is just
another example of the Port attempting to survive as a nightclub. However, not only does this
disturb the peace of a residential neighborhood, it also brings a loud, boisterous heavy drinking
crowd into our Corona Del Mar "Village" neighborhood. 'What has happened to the "village"
theme and atmosphere that Corona Del Mar was trying to foster? A night club within the
residential "village" certainly does not promote or preserve this image or atmosphere! There is
no other bar in Corona Del Mar that fronts on to a residential street with homes and
families and childrenIll All others front on to PCH.
The current owner of the Port Restaurant & Bar was put on notice of the restrictions of the use
permit when he purchased the property. However, he has spent the last one and one half years
violating that use permit. Over the past one and one half years I have had to call the police
dozens and dozens of times to report the loud music, yelling, screaming, fighting, revving
engines and slamming of doors. I have also talked with and e- mailed your code enforcements
officers in this regard numerous times. The property owners and/or residents on Heliotrope
Avenue and Second Avenue in proximity to the Port Restaurant & Bar have relied upon the
restriction of the current use permit to maintain the peace and livability of their homes and
neighborhood. It would be extremely unfair to those property owners and/or residents for the
City of Newport Beach to now allow the Port Restaurant and Bar to become a night club which
will disturb the peace, endanger the safety of families and children, and lower the property
values.
The proposed changes to the floor plan of the Port will increase the effect of the loud drinking
patrons and loud music, as there is a proposed "open air" dance floor which will just further
amplify the music and sound. I do not understand how the City can allow a permit for longer
hours, live music and an open air dance floor when it is a given that it will result in the
disturbance of the peace. How can the City "permit" the disturbance of the peace in a residential
neighborhood?
Thank you for your attention to this critical situation for the residents of the 400 block of
Heliotrope Avenue, the surrounding area and the "village" of -a el Mar. encourage you
to follow the "residents first" commitment of the Vision tertl eneral Ian of Newport
Beach and its "village" of Corona Del Mar. I respect ly r_eq est that y unani ously deny the
Amendment to Use Permit No. 1566 for the Port Re ant and B n ' ely.
yours,
429 Heliotrope Avenue
Corona Del Mar, CA 92645
September 14, 2009
Planning Commission, City of Newport Beach
Planning Department, Building C, 2 "a Floor
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Proposed Amendment to Use Permit No. 1566
Port Restaurant & Bar - 440 Heliotrope Ave, Corona Del MaF
Public Hearing - August 20, 2009 at 6:30 p.m.,
Continued Public Hearing — September 17; 2009 at 6:30 p.m.
Dear Planning Commissioners:
This letter is submitted in conjunction with my prior letter to you of August 13, 2009. I
agree with the current Staff Report dated September 17, 2009 wherein it is states: the addition of
live entertainment and extending the hours of operation for an additional hour is expected. to
result in increased noise disturbances to the adjacent residences and neighborhood; and, the
introduction of live entertainment (which will result in dancing even without a "dancing permit ")
can potentially transform the restaurant into a nightclub, and due to the close proximity to a
residential neighborhood, would result in a land use that is incompatible with the residential
character of the neighborhood.
Since mid 20071 have been disturbed by loud, late night music and loud patrons,
emanating from and around the Port Restaurant & Bar, as late as 12:30 a.m. Consequently, the
attached article in the California Section of the LA Times, Orange County Edition, dated March
16, 2008 caught my eye. This article chronicles the problems Fullerton and Carlsbad
encountered when restaurants were allowed to turn into nightclubs at 10:001a.m. As quoted on
the second page of the article, "These places have moved all their furniture, hired DJs and it's
like a big fraternity party ". The numerous alcohol related problems are described. It is pointed
out that restaurants in Carlsbad, like in Fullerton, began turning into nightclubs after 10 p.m.,
drawing younger and later- arriving crowds, mare fool traffic and more alcohol related
headaches. (emphasis added) However, even more critical to the amendments before you, the
Port Restaurant and Bar is within a residential neighborhood, unlike the restaurant /nightclubs in
Fullerton and Carlsbad.
Since the City of Newport Beach is on notice as to the potential problems that can result
if they allow the amendments to the use permit adding live entertainment (which will include
dancing with or without a permit) and a 1:00 a.m. close time, there are serious liability issues to
consider. These potential liability issues will arise if there is injury to persons (residents,
including children) and/or damage to property and will potentially result in a monetary cost to
the City for defense of such claims, as well as if liability is found in a court of law. If these
amendments are allowed, there will also be the added cost to the City for the increase of law
enforcement response to the Port Restaurant & Bar, as well as possible overtime costs for
responding and/or additional officers.
M
AG-
Planning Commission, City of Newport Beach
September 14, 2009
Page 2
I thank you again for your attention to this critical matter for the residents of the 400
block of Heliotrope Avenue, the surrounding residential area and the "village" of Corona Del
Mar. I again encourage you to follow the "residents first' commitment of the Vision Statement
and General Plan of Newport Beach and its "village" of Corona Del Mar. I respectfully request
that you unanimously deny the above referenced Amendments _3se-Per ' I+lo. 416 for the
Port Restaurant & Bar, in their entirely. 1
429 Heliotrope A#nue
Corona Del Mar, CA 92645
Attachment:
Article from California Section of the LA Times, Orange County Edition, dated March 16, 2008
Re: Fullerton tries to bring older to downtown.
E
then
for
i
mi
• . v txa = uary u w 1 yrrtrny `.[L'pt�'!s- ir{gC7l� lf[iQ4[ /lQU¢P- At4TR.lYOZ¢�p
ithcvebsnts
.ectforaindd-
A worriSOML irenr8
o[lay Gibson .- _ -
F ullorton officials say some o
d -on tiros customers wno frequent * p
Icreef 1 h -e restaurants and blrs
ri cot o to " ���ggg g downtown often carry th,Ji
with pl otos drtrikmg, socializing and -.
d.,hou7d ever brgl'. d ... brawling into nearby parking
lots Here's it look at the
ly.' shows it L" density of parking and -
a
i you Tome restaurants in one area:
_DbQpdw I I - Parking lot /parking structure R
1-S
A As
then
for
i
mi
• . v txa = uary u w 1 yrrtrny `.[L'pt�'!s- ir{gC7l� lf[iQ4[ /lQU¢P- At4TR.lYOZ¢�p
ithcvebsnts
.ectforaindd-
A worriSOML irenr8
o[lay Gibson .- _ -
F ullorton officials say some o
d -on tiros customers wno frequent * p
Icreef 1 h -e restaurants and blrs
ri cot o to " ���ggg g downtown often carry th,Ji
with pl otos drtrikmg, socializing and -.
d.,hou7d ever brgl'. d ... brawling into nearby parking
lots Here's it look at the
ly.' shows it L" density of parking and -
a
i you Tome restaurants in one area:
_DbQpdw I I - Parking lot /parking structure R
1-S
wads'.
pitzer
itician
ere in
rey. So
her
lams
Ile for
nd
:'says
I�
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C
sl
bf
ac
$ A'4Qf ?��" _ _, ..': :- -: [ rtloxewnn r c,n n�crl•. + + „n fE
.__ QII ®S7IONS: oJfceisdetainamnnv,hile eanesligating a Teaorkthat he night have had a gron Nomeaponwasfourti. - pi tM
i maa A worrisome trend Y(
Gibson'
lh�rto� try - � d
I'ullerton officials say some o . u n s .xr Hro•. &
chase customers who frequent re �Chapr 311 Ave
while ® restaurants and bars - 1 ti
it, so to _ Cam nweallh
nild ever )ri dowrttovni oaten carry their.. � n V fe
)hotos I� drinking, socializing and y Q ve
nitd ever brawlln, into nearb arkin. �,
P nearby g. Orang :Lorpe IT
lots. Ha rtt s a look at the Ave. h
lows the dl nsity of parking and i SIT Full don sl
some r s'.aur alts m ona urea sr —� -- d
tton,” T
d with Parking lot(parkmg structure Restaurants O Bar /lounge 'T
fists the , 3 A
$80 for
--
minutes
1heence- sleepy district
stow draws a young'
'
a little
f�
I the
party crowd, with alcohol
related crimes
sfilSireAv¢
is*
I:
OV. S lfl.
gunviny Anew law will
take effect next monthF
ry.Take
''
)head-
fl
>PVlar
" --
headed either: a place where
H -
.x
+oo
$ DAVE I1,ICKIan GN
Y
fighting, vomiting in the streets
for
f00 Coran
ss ss[ °I /}iq't" `.
and intoxicated drivers have
' --
c
aughty
become so commonplace. that
Fullerton Cou kiln aRich-
the areais reelingtoward teing
,_
a- pensive
and Jones rcmrmbers his
known as tire drunk capital of
;ffiIfornra --
sleepy downtown before up
Orange County.
ork the -
scale restaurants, trendy
"Fullerton is a good city, mid
- ,
I API)
nightclubs and cocktail
it can't go : to hell in aharidbas
" � ve
_ �. ..
"
'j
here they
- lounges began tsiung over the
keL he said. "Hut with all the
r
cling
- fourblock district, and he
drinking and lailgzting and the
knoti,s he da.snt want to go .
inin.rung outside buildines,
bt, the
trier thelra ain
this place hash come intolir
the Inl k _
Mpn we barl crosses in
able hke the wild, wild West
-
ss Is now _
front. of stoics it was so dead;'
of 150 years ago, We've got to
ca -s ,�,,.
5
'r•'"
nnet.
he said "it vas known as the
g0things rmdercontrol. Ifnot,
"�£ arcs axes; ,
s
l
�ougslist -
: antique capital of .Orange
',
we may have to exhume: Wyatt
)dy Wake-
County" "
>arp."
S.."": city of ev11va ",,, Coegle anah
1
_'
alked into
Hut Jones doesn't lilcewhere
Over the 15sE year, city afar
zo. nc�ac. r11e,
'
Vher
his now thriving downtown is
ISee Maler tor, Page 13111
..
265
y
seeps calm -.
downtown
fikilerlon,front Page BI
Recently, Fullerton officials
elms have tried to rein in their
realized that downtown had
unruly bar and nightclub scene
become more trouble than it
along Harbor Boulevard and
was worth, costing about $1.5
Commonwealth Avenue by
million annually in police, }ire
dedicating four pollee officers
and maintenance costs while
to the bustling district and
bringing in only $560,000 in
putting a t ratorlu , on new
taxes. After six months of cam-
s ors c
liquor license man
munity, meetings and commit -
Bu ne er measure tempered
tee reports, the City Council
things. In fact, the problems
unaNmously passed an ordi-
maybe getting worse.
nance this month aimed at
A cab driver was attacked
bringing a sense of order to
and killed in May, allegedly by a
tlaw own.
man who had been partying in
The willch tAses effect
the downtown bars. In Septem-
next month, call$ for nnise lim-
ber, three late- night revelers
its inside and outside estab-
B'orrr the Riverside area were
hmen , tighter security,
leaving downtown when their
5 o r es and condl-
vehicle bit a median and roiled
t I u r M -use ermtcs ror r au.
over — killing the driver, whose
ran" that transform into
blood alcohol level was over the
irrhtelubs after 10 tI m.
legal limit.
"We had this quiet little
`This place has
become
intolerable — like
the wild, wild
West of 150 years
ago. We've got to
get things under
control! -
— RICHARD JONES,
Falterlon mancttmaa
,9X Police say most of those ar-
rested on suspicion of being in.
tordeated, urinating In public,
vandalism or assault are not
from Merton or even orange
County, but rather the Inland
Empire and Los Angeles
County.
With nearly 50 establish-
ments serving liquor and many
of them connected through
rear parking lots, tailgating be-
fore heading into the bars has
become popular.
"We've definitely become a
destination, sort of a smaller
version of the oaslamp district
In San Diego," said Rdleribn
Police Sgt. Linda King.
"There's so many places close
to each other, people are doing
pub crawls from place to
place."
downtown for so long, so we en-
couraged all these restaurants
and bars to come," Council-
woman Pam Keller said.
"We didn't put the condi-
tions on them because we
needed them. And suddenly
we've got this little baby that
we ignored and she's turned
into this naughty teenager.
Now we're making some rules,
trying to get that teenager into
adulthood ,without getting
ed."
Councilman Shawn Nelson
as restaurants, but it's hard to
tell that at 11 at night," he said.
"The lighting's different than
the day, the personnel Is differ-
ent, and even the employees
dress differently. But you can
see why these places would fo.
cus on selling liquor. It doesn't
spoil, there's no prep and it's
easy to make a lot of money
on It."
Keller said she `vent down-
town for dinner one night with
her two small children and felt
out of place.
"There's about two places
we can go with our kids after 5
n r1, and that'v kind of a h 1m-
rm!r for a majority of our can,
munity," she said. "'These
places that are supposed to be
res our s
then' ure hired DJs
it's like a b ternity{rariy."
Fulierton's growing pains
F i
j
POPULAR: Nearly 50estab
DEJECTED: Amon wails o
a car accident last weekend in
spends about $1.5 million fmn t
maintenance costs for tae file,
aren't unique in Souther n C::h
forma.
The seaside town of Car..
bad in San Diego County h:,
aim seen its dmvntown vdiag.
undergo a transformation evc
the last decade, from antique
shops, art galleries and hors
upscale restaurants, bree• pub .
Aa u..uLLerton, serve are .,
Cadsbad's restaruauts ueru,e
tuning into nightclubs after 01
p.m., drawing yaunger and idL
er- arriving crowds, more font,
traffic and more alcohol -re
lated headaches.
f,�
e
rum"npm ay KICKAaa IAATO / Aw #rein.
pis In the area serve liquor. Some restaurants lmn#orm Info nightclubs alter dark
curb inter bein y In volved In
Womn kUlterfon. The city
on police, fir and
t recent crash nos fatal.
The Carlsbad City Council
asked an ordinance similar to
Wiertois Unit established
mind levels at erl0tF1.= 8'llii
irandaleA- i.fieEiwsfinesses Im
dennent semm plans and re
pply" —for ent&Talliifte it per -
afts -Tour �o eight police ddt
t!. have been added to the
4 •+down dirt, ict Gr. •, eekcnd
bkhls
Based on the reactions of
neveral restaurant, pub and
9lghtclub owners to Fuller toi s
ordinance, Wyatt Earp they
have been a more palatable so-
krtlon. Many said they would
have ratherbeen assessed a tax
to pay for more police patrols of
streets and parking lots, cam-
eras to catch incidents on tape
and maintenance workers to
clean up the area.
"Iut's get control, but let's
put our resources together,"
said Joe Florentine, who owns a
downtown restaurant, cocktail
lounge and tikl bar. 'I've seen
nothing like a tax come across
ray desk on that. I'm frustrated
with the process. A lot of these
business owners are nervous
and scared. "
Business owner Joe Juarez
called the councits action an
overreaction. An interactive
dueling piano dinner show at
Juarez's Rockin' Taco cantina
often attracts patrons from as
far away an'remecula and San
Diego. Some nights, a line of 75
people stretches down Harbor
Boulevard. The new ordinance
grafts the line to 25 people un-
less the business owner can
prove that a longer line can be
nnanaged.
"What do t tell the 26th per-
son in line ?" Juarez said. "Nov
you can't gel into my place and
you're an the streets floating
around, and what Is your per.
ception of Fullerton? It seems
like we're taking 10, 15.50 steps
beck
On a recent Friday, a few
hors before the happy -hour
crowd would begin pouring oh'
the 57 Freeway and onto Com.
monwealth, downtown Fuller-
ton didn't look as if it was chat
longing Newport Beach and
Huntington Beach for orange
County's premier nighttime
destination.
Most of the restaurants and
pubs were dead. The Stadium
Tavern, a burger Joint that fea-
tures a wide variety of mlcro-
brews, was lively because It was
packed with Cal State Fuller-
ton baseball players having a
pregame meal. On the patio,
Matt DeSa➢e and Lisa WilkJe
were having a late lunch, pre-
paring for a night of partying.
De.Sailc hadn't heard about
the new ordinance, but he
wasn't surprised that the city
was having trouble managing
Its downtown.
"Isn't Lids the city of Fuller-
ton's fault for putting all these
bars In this little area?" asked
DeSalle, 31. "They have some-
thing like 46 bars in a four-
block radius and you expect
these kinds of problems not to
happen?"
Wilkie, 36, said she hoped
the city wouldni L put loo many
imps on business ovners.
"Fullerton becatuc a great
city when all the night life
come," she said. 'People want
to be. acre. Besides going to the
beach. this is the place to be in
Orange Canty. But when YOU
bring in the clubs, you', e laing-
Ing br a younger audlence, and
they rNght not be ready for ill
the responsibility that comes
with alcohol. "
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September Itr 2009
Planning Commission, City of Newport Beach
Planning Department, Building C, 2nd Floor
3300 Newport Boulevard
Newport Beach, CA 92663
Re: Proposed Amendment to Use Permit No. 1566
Port Restaurant & Bar - 440 Heliotrope Ave, Corona Del Mar
Public Hearing - August 20, 2009 at 6:30 p.m.,
Continued Public Hearing — September 17, 2009 at 6:30 p.m.
Dear Planning Commissioners:
This letter is submitted in conjunction with my prior letters to you of August 13, 2009
and September 14, 2009. The purpose of this letter is to advise you of the purported "courtesy"
test that Chris of JEC proposed.
After the last hearing of August 20, 2009, Chris of JEC, proposed to myself and others
that he would like to do a "courtesy" sound test from those residences that complained of hearing
live music from their second story. l was out of town for ten (10) days and returned Labor Day.
Upon return to work on Tuesday, September 8h, Chris had left a message that he would like to
conduct the sound test that day. I called him immediately and advised that I had just returned
from out of town and would be unable to participate that evening. He said he could continue it to
another night and we agreed upon Friday night, September I la'. We agreed that it would be a
good night since the Port has larger crowds on Thursday and Friday nights which results in
additional noise from the restaurant and patrons. I asked Chris the method he would use to
determine how loud to make the DJ music during the test. He stated that he would determine the
level of the music and that it would be " loud ". I suggested that it was subjective and he agreed.
I commented that what an intoxicated person in their early 20's would feel was "too loud" was
certainly different than a man in his early 40's not under the influence of alcohol.
Chris called me the afternoon of September I Ooh and stated that the testing could not take
place on Friday because it wasn't good for the "other people" involved and he thought it would
be on Tuesday the 15"', but it was not finalized. I told him that Tuesday night was not good for
me as I work 60 miles away and work late, I have an early morning appointment the next day
and my young grandchildren, who live in the same home as I do and have bedrooms on the
second floor, would be asleep as they have school the next day. He more or less said it is what it
is but, agreed to get back to me as to the exact date.
I had not heard back from Chris of JEC as of this Tuesday, September 15`h, the day the
"courtesy" sound test was to be performed. Consequently I callshim to inquire of the status. He
said it was on for that date and thought he was only to call if it wasn't. I reiterated that I was
unable to participate. He also informed me that the police department had just dropped out of the
testing.
;0
Planning Commission
September 17, 2009
Page 2
As expressed in my prior letters of August 13, 2009 and September 14, 2009,1 have been
disturbed by extremely loud amplified music, which 1 could hear and "feel" (the base) from my
second story suite, with windows closed and ear plugs in, since 2007. As a result I have had to
call the police department numerous times and initiated complaints to code enforcement
beginning in March 2008. The concern is, if the level of the live /amplified music (not authorized
by the current use permit) from 2007 up until when the Port filed for their current amendment
was so loud that it resulted in calls to the police department and complaints to code enforcement,
how loud will it now be if their amendment is "granted" and they are allowed to have "live
entertainment "?
I believe that the purported "courtesy" sound test did take place. If it did, it was
subjective and uncontrolled for the reasons indicated above, including the setting of the level of
the sound and the lack of police department monitoring. Additionally, it was scheduled at the
last minute which resulted in the results not being available to the residents prior to the hearing.
If the Planning Commission is inclined to grant the amendment for the "live entertainment" and
the extended hours until 1:00 a.m., I request that the residents first have the opportunity to
conduct a professional, well monitored, objective sound test in the neighborhood.
I thank you again for your attention to this critical matter for the residents of the 400
block of Heliotrope Avenue, the surrounding residential area and the "village" of Corona Del
Mar. I again encourage you to follow the "residents first" commitment of the Vision Statement
and General Plan of Newport Beach and its "village" of Coma BeE Ma respectfully request
that you unanimously deny the above referenced Am ei tgT6— Jse —Per m- 't for the
Port Restaurant & Bar, in their entirely.
Carol Ann
429 H � trope Avenue
rona Del Mar, CA 92645
�,16
November 1, 2009
Re: Port Restaurant Use Permit
To Newport Beach City Council,
RECEIVED
20 NOV —4 AN & 13
OFFICE OF
TFE CITY CLERK
CRY OF idRAMRT BEACH
I am opposed to the change of Port restaurants Use Permit. I have no problem with the restaurant as it
is at this time. The changes that the Port is asking for will create a problem in a quiet residential
neighborhood.
I moved into this area well aware of the restaurant down the street. It has a use permit that allows it to
operate as a restaurant, not a "nightclub ". During the Planning Commission meetings, Port gave the
reasons for the requested change. The longer hours were needed to have a second seating for dinner, a
more orderly exit after hours, live music to bring in more people and financial reasons.
I do not know of any restaurant anywhere, let alone Corona del Mar, that -cannot serve two seating if
you open at 5:30. The real reason is Port wants to sell more alcohol which has a higher profit. This will
lead to more alcohol related problems. To think that being open later to allow a more orderly exit is
naive. More alcohol and the time to drink it will extend the problem into the later hours. Live music and
the crowds that it will bring will create more noise for the neighborhood. I am very aware of the
financial situation we are all in. Port stated that they pay property tax, as we all do on Heliotrope. The
impact on our property values with a Nightclub down the street will far outweigh what Port pays.
At the Planning Commission meetings, people in favor of Port getting the change in the Use Permit, gave
a variety of reasons. We should not have moved here, I live in CdM and it does not bother me, I live near
Landmark and put up with the noise, Port is not a "Nightclub ", I have no problem with parking, and I was
at the beach and there was beer bottles and trash by my car.
Once again we moved to CdM with the knowledge that a restaurant was down the street with a use
permit we had to live with. It is very easy to say it does not bother me when you do not live on the
street and have to deal with it 7 days a week. Landmark has a Use Permit; we do not want the same on a
quiet residential street. Port has a petition drive that people sign who do not live on our quiet street. It
is naive to think they would not have a problem if it was on their street. Port, at this time is not a
"Nightclub ", but that is what they are asking for. Port has made no attempt to get their patrons to park
in the parking lot. I can sit on my patio and watch people park and walk to Port. I can see the parking lot
and it is not full. This is not the beach, it is far from it. This is not a rental or party neighborhood. It is a
quiet residential street.
I can drive down PCH at 11:00 PM and pass several restaurants that are closed, yet as I turn down my
street there are people waiting to get into Port or mingling around outside. Of course, the street is full
of cars. It will be empty after Port closes. Why would we want to add more noise on a quiet residential
street when we do not have it on PCH?
AFFIDAVIT OF POSTING
On X12 i , 2009, I posted the Notice of Public Hearing regarding:
PORT RESTAURANT AND BAR
Date of Hearing: November 10, 2009
CITY OF NEWPORT BEACH
RECEIVED BY DA
440 Heliotrope Avenue, Corona del Mar, CA 92625
Tel: (949) 723 -9685 Fax: (949) 723 -9687
Web: www.portcdm.com
September 30, 2009
VIA E -MAIL AND U.S. MAIL
Leilani 1. Brown
City Clerk
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
SEP 302009
OFFICE OF THE
RE:
Appeal of Amendment to Use Permit No. 1566 and Off -Site Parking Agreement No. OP2009 -003
Dear Madam City Clerk Brown:
Pursuant to the provisions of Chapter 20.95 of the Newport Beach Municipal
Code, as the applicant, I am hereby filing this appeal of the September 17, 2009 decision of the
Newport Beach Planning Commission denying Amendment to Use Permit No. 1566 and Off -Site
Parking Agreement No. OP2009 -003. The grounds for this appeal are based upon, among other
things, the need to clarify and correct the evidence and testimony offered at the Planning
Commission which prejudiced the hearing.
Enclosed is my check for $1,550 constituting the fee for filing this appeal.
Very truly yours,
Ali H. Zadeh
cc: Mayor Ed Selich
David Hunt, City Attorney
David Lepo, Planning Director
1.Zr
APPEA L
T PLA N, N C
OomM�SS,
k644
440 Heliotrope Avenue, Corona del Mar, CA 92625
Tel: (949) 723 -9685 Fax: (949) 723 -9687
Web: www.portcdm.com
M
September 30, 2009
A
m
VIA E -MAIL AND U.S. MAIL
z�q
w
c
0
M
Leilani 1. Brown
City Clerk
M
City of Newport Beach
s�
N
M
3300 Newport Blvd.
c
Newport Beach, CA 92663
RE:
Appeal of Amendment to Use Permit No 1566 and Off -Site Parking Agreement No OP2009 -003
Dear Madam City Clerk Brown:
Pursuant to the provisions of Chapter 20.95 of the Newport Beach Municipal
Code, as the applicant, I am hereby filing this appeal of the September 17, 2009 decision of the
Newport Beach Planning Commission denying Amendment to Use Permit No. 1566 and Off -Site
Parking Agreement No. OP2009 -003. The grounds for this appeal are based upon, among other
things, the need to clarify and correct the evidence and testimony offered at the Planning
Commission which prejudiced the hearing.
Enclosed is my check for $1,550 constituting the fee for filing this appeal.
Very truly yours,
Ali H. Zadeh
cc: Mayor Ed Selich
David Hunt, City Attorney
David Lepo, Planning Director
THE PORT
440 HELIOTROPE AVE
CORONA DEL MAR, CA 92625
DATE q,-2�0°► 164611220
2756
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Q � S 3° _'�i -AR a e
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BankofAmerica
Mmket Ple ��.
18844 Jsmbome Rd
Irvine CA
714.683.4470
FOR Aj
0002965n• ri2200066iI: 27569eel44909um
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CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES
U Z 3300 NEWPORT BLVD..
P.O. BOX 1768, NEWPORT BEACH, CA 9765 &8915
RECEIVED BY: PERRY2
TODAY'S DATE: 09/30/09
27005000 ZONING & SUBDIVISION F
CASH PAID CHECK
$.00 $1,5
a.
9'
CASH RECEIPT
RECEIPT NUMBER: 02000141523
PAYOR: THE PORT THEATRE
REGISTER DATE: 10/01/09 TIME: 16:12:48
THE PORT $1,550.00
--------------- -
TOTAL DUE: $1,550.00
�x TENDERED CHANGE
985 _'' - 0 $1,550.00 $.00
..fig' Z.5
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"RECEIVE AFTER AG NOA
PRINTED:" 1 -1 a
November 5, 2009
VIA E -MAIL
Mayor Ed Selich and Members of the City Council
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Amendment to Use Permit No 1566 (Agenda Item No 16)
Dear Mayor Selich and Members of the City Council:
DDMIS D. OWEIL
JAY F. PAI.CHIKOFF
PAUL A. RowE
WILLIAM L. tWoMEY
JOHN P. YEAOER
On behalf of Ali Zadeh, the applicant/appellant for an amendment to Use Permit
No. 1566, I am providing the following conditions for the City Council's consideration.
1. Change in Hours of Operation. The applicant/appellant is proposing the
following schedule for closing times from the current daily 12:00 am.:
Sunday — Tuesday 11:00 P.M.
Wednesday 12:00 am.
Thursday — Saturday 1:00 a.m.
2. Security/Parking Personnel. The applicant/appellant shall provide
security service with personnel assigned to the off -site parking lot on Thursday, Friday and
Saturday evenings during the hours of 10:00 p.m. through 15 minutes after closing to control and
facilitate patrons leaving the area in a quiet manner to secure the neighborhood. Additional
lighting on the parking lot will be provided and signs will be posted notifying patrons to park in
the off -site lot and to respect the peace and quiet of the residential area.
3. Food Service. The primary use of the premises as shown on the revised
floor plan shall remain an eating and drinking (restaurant) establishment as defined in
Section 20.05.050.K of the Newport Beach Municipal Code. Food service shall be available for
ordering at all times that the restaurant is open for business up until one -half hour before closing.
The operational character of the use shall not be changed to a bar, tavern, cabaret, nightclub,
11/5/09 101912
HdG: #78707 vI
OINEIL LLP
ATTORNEYS AT I.AW
DEAN DUNK -RANK#
SANDRA A. GALLE
19900 MACARTHUR BomEYARD, SUITE 1050
WILLIAM E. HALLE
1RVR4E, CALIFORNIA 92612
ANDREW K. HARTzELL
(949) 798-0500 • (949) 798-0511 (FAX)
LAwRENcE J. Mum
EMAIL: mmw1@md -Op.o
JOHN D. HUDSON
WRITER'S DIRECT DIAL' (919) 79!-0734
EMAIL: dm l&nd -Npoom
November 5, 2009
VIA E -MAIL
Mayor Ed Selich and Members of the City Council
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Amendment to Use Permit No 1566 (Agenda Item No 16)
Dear Mayor Selich and Members of the City Council:
DDMIS D. OWEIL
JAY F. PAI.CHIKOFF
PAUL A. RowE
WILLIAM L. tWoMEY
JOHN P. YEAOER
On behalf of Ali Zadeh, the applicant/appellant for an amendment to Use Permit
No. 1566, I am providing the following conditions for the City Council's consideration.
1. Change in Hours of Operation. The applicant/appellant is proposing the
following schedule for closing times from the current daily 12:00 am.:
Sunday — Tuesday 11:00 P.M.
Wednesday 12:00 am.
Thursday — Saturday 1:00 a.m.
2. Security/Parking Personnel. The applicant/appellant shall provide
security service with personnel assigned to the off -site parking lot on Thursday, Friday and
Saturday evenings during the hours of 10:00 p.m. through 15 minutes after closing to control and
facilitate patrons leaving the area in a quiet manner to secure the neighborhood. Additional
lighting on the parking lot will be provided and signs will be posted notifying patrons to park in
the off -site lot and to respect the peace and quiet of the residential area.
3. Food Service. The primary use of the premises as shown on the revised
floor plan shall remain an eating and drinking (restaurant) establishment as defined in
Section 20.05.050.K of the Newport Beach Municipal Code. Food service shall be available for
ordering at all times that the restaurant is open for business up until one -half hour before closing.
The operational character of the use shall not be changed to a bar, tavern, cabaret, nightclub,
11/5/09 101912
HdG: #78707 vI
Mayor Ed Selich and Members of the City Council
November 5, 2009
Page 2
cocktail lounge or commercial recreational entertainment venue as a primary use and shall not be
an authorized use pursuant to this use permit.
4. Live Entertainment. Live entertainment shall be limited to no more than
two performers and one musical instrument. Music selections by a DI may be part of the live
entertainment on a limited basis. Live entertainment will cease one hour prior to the closing of
the restaurant to accommodate concerns of the neighborhood.
5. Noise. The applicant/appellant shall be responsible for the control of
noise from the restaurant, including, but not limited to, noise originating from patrons, food
service operations, and mechanical equipment. Acoustical tiles shall be installed to the interior
walls and ceilings of the live entertainment area. A second entrance door to eliminate
dissemination of interior noise caused by patrons entering and exiting the restaurant shall be
installed. All noise generated by the Port Restaurant shall comply with the provisions of
Chapter 10.26 of the Newport Beach Municipal Code.
Dennis D. O Neil
DDO /clt
cc: Ali Zadeh
11/5/09 10191.2
" RECEIV AHER1' AGEIaDA
440 Heliotrope Avenue, Corona del Mar, CA 92626
Tel: (949) 72 3-9686 Fax: (949) 728 -9687
Web: tnww.taortodm.00m
November 6, 2009
Leilam 1. Brown
City Clerk
City of Newport Beach
3300 Newport Blvd.
Newmn BeacL CA 92663
Dear Madam City Clerk Brown:
Please find attached copies of comments of some immedime residents to the allegations mised
against Port Restaurant as well as some letters of support to be included in the packet for the
upcoming City C00061 meeting.
Also enclosed is a copy of our invitation to our Open House meeting that will be held on I 1 -9,
the night before the council meeting to clear any midings and explaining our plans to
all concerned parties.
Vas truly youm
" :
Z
rn
Ali H. Zadeh
;
cc: Jaime Murrillo, Planning Department
-411
rJ
m
i p
ri
Dennis O'Neil
i
w
Monday November 9th. 2008 - 8:80 p.m.
Dear Neighbor.
We would Uke to Invite you and other neighbors to attend a community meeting
to gain a better understanding of our request for amending our use permit.
1) Extension of Hours of Operation to Include weekend lunches and a later closing hour
for later dining and gradual and orderly exit of clients. (with addition of signs advising
parking and additional personnel to ensure peace)
2) Limited and Responsible Offering of Uve Entertainment with No Dancing.
Over the past months, due to uncertainty behind Port theatre plans 3 misleading our
intantions has prompted us to hold an Open House meeting the day before our City
Council meeting to share our vision and plans and also receive valuable input from the
residents and other Interested parties.
Our goal is to provide a prestigious establishment to anir fine dining with
responsible offevIs of alcoholic beverages along with artistfa background music
In a manner that will be respectful and least Impactful to the neighbors.
4W
THIS INVITION WENT TO ALL RESID&M OF AIN and SLID
!locks of HWOTWM GOLDENROD. IRIS and some
trrrttsdale residents an Second Street.
have been appealed
)ur permit does not
cohibit entertainment
nd multiple noise
tudies have shown we
re well below city
toise ordinance levels
hu Application
hould be treated
ndependenlof
Bans for the Pon
lleame.
ix City of
dewport Beach is
mrking with
heir ownership to
stabhsh a plan
or their business.
,ort Restaurant
Vishes to
Ontlnue
lass exparie=
or all of as
vests by being
We to solve food
ite, open for
mckend hinches
nd provide live
otaadnemt in a
aodest and
rtistie mummer.
alse accusation: We made it clear that
cing Was Never Part of our Plan on
peated basis before this petition but
me
one wants to keep using it!!!
i
Current Permit is 12AM
r
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don't have
ricers. We have
onnel outside
inding people u
y quiet when
sidating Port and
xe is to evidence
back any of these
ioav listed. These
Iy have happened
the past
nbiishme nts but
rt doesn't allow
iy wisbehavior!
Please bring year completed farm back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949- 723 -9587 - Should you have any quesdooa, feel free to ask us!
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Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you visit Port?
Once a Month ❑ Once a Week ❑ Twice a Week ❑ More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 ❑ 26 to 29 X 30 to 40 ❑ 40 to 50
3) Have you ever witnessed any of the follooing'!F� Your visit to -PO t?
Fights or fistfights in Port and outside of Port
People vomiting or urinating in public
People having sex in cars and discarded condoms in the area
Anyone walking out of the Port with their beverage
Port offering any beverages in plastic cups
Music being so loud to be nuisance to the area
Traffic or parking issues
4) How do you get to Port?
Walk O brive - "��ti
i
YES NO
❑ X
❑ V
❑ X
❑ X
0 wits Friends
NAME: _sTe'FF RA'TL / /PC EMAIL: T F0 0C 6Ti *414.W
o T2vPE'
SIGNATURE: DATE: I! - - Of
Pkaw bring your completed form beck to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fiat the form to 949- 723 -9687 — Should you have any questions, feel See to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
Have you ever witnessed any of the followings at Port or resulting from Port?
Fights or fistfights in Pon and outside of Port
People vomiting or urinating in public
People having sex in cars and discarded condoms in the area
Anyone wallting out of the Port with their beverage
Port offering any beverages in plastic cups
Music being so loud to be nuisance to the area
YES NO Don't Know
❑ ❑
❑ er, ❑
❑ V ❑
❑ Erl❑
❑ 1�
Iwdr- I
Avid ha.w. rte IS **
Ar-A y U-1-4 +-C
SIGNATURE:
Would yoU tine to be a part of a group to discuss your parking issues with the city of Newport
independem of our application?
❑ YES B� NO
Please bang your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949 -723- 9687 — Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you visit Port?
❑ Once a Month ❑ Once a Week 19 Twice a Week ❑ More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 ❑ 26 to 29 l9 30 to 40 ❑ 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
YES NO
Fights or fistfights in Port and outside of Pon ❑
People vomiting or urinating in public ❑
People having sex in can and discarded condoms in the area ❑
Anyone walking out of the Port with their beverage Cl
Port offering any beverages in plastic cups ❑
Music being so loud to be nuisance to the area ❑
Traffic or parking issues ❑ C7
4) How do you get to Port?
ti Walk ❑ Drive ❑ Taxi ❑ with Friends
NAME: t _i44jj - -T�igz EMAIL: 14maAse,
SIGNAIUR
Please bong yiym' Meted farm bads to Part or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fmc the form to 949 - 723-9687 - Should you have my questions, feel fix to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
Have you ever witnessed any of the followings at Port or resulting from Port?
YES NO Don't Know
Fights or fistfights in Port and outside of Pon ❑ Pk ❑
People vomiting or urinating in public ❑ ( ❑
People having sex in cars and discarded condoms in the area ❑` ❑
Anyone waUdng out of the Port with their beverage ❑ ❑
Port offering any beverages in plastic cups ❑ ❑
Music being so laud to be nuisance to the area ❑ ❑
Xr 4TI, : [
NAME:
ADDRESS:
SIGNATURE:
EMAIL:
Would you lice to be a part of a group to discuss your parking issum with the city of Newport
indepardem of our application?
YES ❑ NO
Please bring your cottspletod form back to Port or Mail to 440 Hdiotrgte Ave, CDM, CA 92625
You can also fax the form to 949- 72344 — Should you have any queadoas, fed free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Pon Restaurant located at 440 Heliotrope in Corona del Mar, CA.
Have you ever witnessed any of the followings at Port or resulting from Port?
YES NO Don't Know
Fights or fistfights in Port and outside of Port
❑
❑
People vomiting or urinating in public
❑
❑
People having sex in cars and discarded condoms in the area
❑
❑
Anyone walking out of the Port with their beverage
❑
❑
Port offering any beverages in plastic cups
❑
13�,
❑
Music being so loud to be nuisance to the area
❑
-1�,
❑
Additional Comments:
(o1v ill l`x:- a (Y':IY1 fL r'r1 l'; CY' tYir" C[1 IlC4Lt'
T f �'.(� , . " }1 1`LY 5h' e1 [ir11 1`lv�f ( c
2U i lz'l
tXt'iL�.t'niPt1 .'11'•J ��iL- 1:.111'.ill ?��'`l'11, �'.(Cr`.i '�[�`v.rll ✓:.1'�.
NAME: �1Y1t1i Y �.'� ! C 'z Y� EMAIL: Ylw 4111<l
ILI -
ADDRESS: i1 �tc1,;:, r s' *'1' . l c� Y Ir I lx I
SIGNATURE: ��' DATE: DTI �1 G I
Would you like to be a part of a group to discuss your parking issues with the city of Newport
independent of our application?
❑ YES
NO
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM. CA 92625
You can also fax the form to 949 -723 -9687 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA.
Have you ever witnessed any of the followings at Port or resulting from Port'?
YES NO Don't Know
Fights or frstfrghts in Port and outside of Port ❑ Ens ❑
People vomiting or urinating in public ❑ ,,�3�. ❑
People having sex in cars and discarded condoms in the area ❑ ❑
Anyone walking out of the Port with their beverage ❑ ❑
Port offering any beverages in plastic cups ❑ ❑
Music being so loud to be nuisance to the area ❑ ❑
Additional Comments:
NAME a I I of oc EMAIL: ✓P-- ce�fty c f ��
ADDRESS5I I0LQ0V'ea( f ,- i-(,A0
SIGNATURE: (/_] DATE: � Mtel-
jt ft711-
Would you like to be a part of a group to discuss your parking issues with the city of Newport
independent of our application?
❑ YES NO
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625
You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
Have you ever witnessed any of the followings at Port or resulting from Port?
Fights or fistfights in Port and outside of Port
People vomiting or urinating in public
People having sex in cars and discarded condoms in the area
Anyone walking out of the Port with their beverage
Port offering any beverages in plastic cups
Music being so loud to be nuisance to the area
Additional Comments:
NAME
ADDRESS:
SIGNATURE:
YES NO Don't Know
❑ '�< ❑
1<' I` EMAIL.: v "NI" S �c 09 Q Ul0 I , e-
17
DATE: I 1 2'2
Would you like to be a part of a group to discuss your parking issues with the city of Newport
independent of our application? /
❑ YES [ NO
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949 - 723 -9687 — Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
Have you ever witnessed any of the followings at Port or resulting from Port?
YES NO Don't Kno%
Fights or fistfights in Port and outside of Port
❑
❑
People vomiting or urinating in public
❑
❑
People having sex in cars and discarded condoms in the area
❑
15`
❑
Anyone walking out of the Port with their beverage
❑
❑
Port offering any beverages in plastic cups
❑
❑
Music being so loud to be nuisance to the area
❑
❑
Additional Comments:
NAME: 1 'fwnl /vim V/ /ti EMAIL:
ADDRESS:
SIGNATURE:
TE:
Would you like to be a part of a group to discuss your parking issues with the city of Newport
independent of our application?
❑ YES
�9 6
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM, CA 92625
You can also fax the form to 949 -723 -9687 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
Have you ever witnessed any of the followings at Port or resulting from Port?
Fights or fistfights in Port and outside of Port
People vomiting or urinating in public
People having sex in cars and discarded condoms in the area
Anyone walking out of the Port with their beverage
Port offering any beverages in plastic cups
Music being so loud to be nuisance to the area
Additional Comments:
NAME
GADDRESS: � �� I 1 L G 1 (r41r
SIGNATURE/ � ^
EMAIL:
DATE:
YES
NO
Dun't Know
❑
W
❑
❑
cx'
❑
❑
a(
❑
❑
IX
❑
❑
tff
❑
❑
0
❑
Would you like to be a part of a group to discuss your parking issues with the city of Newport
independent of our application?
I( YES O NO
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625
You can also fax the form to 949 - 723 -9687 — Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
Have you ever witnessed any of the followings at Port or resulting from Port'?
Fights or fistfights in Pon and outside of Port
People vomiting or urinating in public
People having sex in cars and discarded condoms in the area
Anyone walking out of the Port with their beverage
Port offering any beverages in plastic cups
Music being so loud to be nuisance to the area
Additional Comments:
YES NO Don't Know
❑ ❑
❑ ❑
o ❑
❑ ❑
❑ O
O ❑
NAME:
ADDRESS:
SIGNAT J
EMAIL:
r -t� / J S
DATE: 1 /2Y /U!
Would you like to be a part of a group to discuss your parking issues with the city of Newport
independent of our application?
❑ YF.S NO
Please bring your completed form back to Pon or Mail to 440 Heliotrope Ave. CDM. CA 92625
You can also fax the form to 949 - 723 -9687 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
Have you ever witnessed any of the followings at Port or resulting from Port?
Fights or fistfights in Pon and outside of Port
People vomiting or urinating in public
People having sex in cars and discarded condoms in the area
Anyone walking out of the Port with their beverage
Port offering any beverages in plastic cups
Music being so loud to be nuisance to the area
Additional Comments:
NAME: p&ol-, �,-- L9--" d EMAIL
ADDRESS:
SIGNATURE:
l
YES
❑
NO
Don't Know
❑
s3
❑
&f
❑
❑
❑
❑
❑
❑
Er
❑
❑
e
❑
CL j0Aevji✓l1a4�_e l.e ��C. ✓yam
DATE: %- 7 d- u of
Would you like to be a part of a group to discuss your parking issues with the city of Newport
independent of our application?
YES ❑ NO
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625
You can also fax the form to 949- 723 -9697 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you visit Port?
❑ Once a Month ❑ Once a Week ❑ Twice a Weele 10itirtthan Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 ❑ 26 to 29 ❑ 30 to 40-dt) to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
YES NO
Fights or fistfights in Port and outside of Port ❑ 1-001'—
People vomiting or urinating in public ❑ —$`—
People having sex in can and discarded condoms in the area ❑
Anyone walking out of the Port with their beverage ❑ �r
Port offering any beverages in plastic cups ❑ 43�20�
Music being so loud to be nuisance to the area ❑
Traffic or parking issues ❑
4) How do you get to Port?
Walk ❑ Drive ❑ 'maxi ❑ with Friends
Additional Comments:
NAME:
ADDRESS: �L(i� e C0041 t
EMAIL: ti- i`-I r � (-(S
IWAI Y C FYI
SIGNATURE: �� DATE:
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625
You can also fax the form to 949 - 723 -9687 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA.
1) How frequently you visit Port?
❑ Once a Month ❑ Once a Week ❑ Twice a Week R More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 ❑ 26 to 29 e,& 30 to 40
JN>
40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
YES
NO
Fights or fistfrghts in Port and outside of Port
❑
�'
People vomiting or urinating in public
❑
People having sex in cars and discarded condoms in the area
❑
Anyone walking out of the Port with their beverage
❑
Port offering any beverages in plastic cups
❑
Music being so loud to be nuisance to the area
❑
91
Traffic or panting issues
❑
4) How do you get to Port?
fig Walk t2 Drive ❑ Taxi
❑
with Friends
Additional Comments: f Lr 15 AN 1'16K � Tb rrg6;; C OYYIM UMT'Y � AIO mty
NEIHlrgyvs-
w" I NAME:
ADDRESS: I
SIGNATURE:
DATE: 01 :2(�- 0q
Please bring your completed form back toi`elrt or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us!
( L- no'
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you visit Port?
❑ Once a Month ❑ Once a Week ❑ Twice a Week �I More than Twice a Week
2) Checkmark the age groups that you see in Port? '
❑ 21 to 25 26 to 29 ❑ 30 to 40 ❑ 40 to 50
3) Have you ever witnessed y of the followings throughout your visit to Port?
NAME: iic% A g-AO,4 _ EMAIL: 1�124'V . nraits0/140 V36. ca'vl
ADDRESS: cams CS� cogs kydl/�
SIGNATURE: A,:,
— DATE:
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the tbrm to 949 - 723 -9687 - Should you have any questions, feel free to ask us!
YES
NO
Fights or fistfights in Port and outside of Port
❑
People vomiting or urinating in public
❑
People having sex in cats and discarded condoms in the area
❑
Anyone walking out of the Port with their beverage
❑
Port offering any beverages in plastic cups
❑
Music being so loud to be nuisance to the area
❑
Traffic or parking issues
❑
4) How do you get to Port?
Walk ❑ Drive ❑ Taxi
/dditional
❑
with Friends
Ad Comments:
NAME: iic% A g-AO,4 _ EMAIL: 1�124'V . nraits0/140 V36. ca'vl
ADDRESS: cams CS� cogs kydl/�
SIGNATURE: A,:,
— DATE:
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the tbrm to 949 - 723 -9687 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA.
Have you ever witnessed any of the followings at Port or resulting from Port?
Fights or fistfights in Port and outside of Port
People vomiting or urinating in public
People having sex in cars and discarded condoms in the area
Anyone walking out of the Port with their beverage
Port offering any beverages in plastic cups
Music being so loud to be nuisance to the area
Additional Comments:
NAME: / �7, EMAIL:
ADDRESS: ,
SIGNA
DATE:
YES NO Don't Know
■ U ■
■ 1S ■
❑ m' ❑
❑ ❑ m,-'
Would you like to be a part of a group to discuss your parking issues with the city of Newport
independent of our application?
❑ YES
L •
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625
You can also fax the form to 949- 723 -9687 — Should you have any questions. feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by some
neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA.
Have you ever witnessed any of the followings at Port or resulting from Port?
YES NO Don't Know
Fights or fistfights in Port and outside of Port
❑
Q
❑
People vomiting or urinating in public
❑
ADDRESS:
❑
People having sex in cars and discarded condoms in the area
❑
V e t7P
❑
Anyone walking out of the Port with their beverage
❑
❑
Port offering any beverages in plastic cups
❑
❑
Music being so loud to be nuisance to the area
❑
❑
Additional Comments:
NAME:
�tQ,p
�1Q�
c l�
Q ry�r.
EMAIL:
ADDRESS:
%
�o I nJ
V e t7P
A ,,a,
SIGNATURE: ' DATE: —c;D d —
t�-
Would you like to be a part of a group to discuss your parking issues with the city of Newport
independent of our application?
❑ YES
❑ NO
Please bring your completed farm back to Port or Mail to 440 Heliotrope Ave, CDM. CA 92625
You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you visit Port?
❑ Once a Month 71 Once a Week ❑ Twice a Week ❑ More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 ❑ 26 to 29 ❑ 30 to 40 X 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
4) How do you get to Port?
i( Walk ❑ Drive ❑ Taxi ❑ with Friends
Additional Comments:
YES
NO
Fights or fistfights in Port and outside of Port
❑
T`
People vomiting or urinating in public
❑
People having sex in cars and discarded condoms in the area
❑i
Anyone walking out of the Port with their beverage
❑
Pon offering any beverages in plastic cups
❑
Music being so loud to be nuisance to the area
❑
Traffic or parking issues
❑
4) How do you get to Port?
i( Walk ❑ Drive ❑ Taxi ❑ with Friends
Additional Comments:
-T-His
L oel -1At, z `JT7 ur�� \fi-
[-, ��
I /N ::> . 1- T\,yr('Wr\
I 1
ea ch e'Y\ vt- Of_? A 142
-r-f--< --:'
�-/ V GP U �]fr5 r 2 tJ �Tr t T- v-'0 Ff �✓l
/�� 4 b�Br� �4 �� %ec• -� F-C..� u�►�rt� v� 7.(� .
NAME: ��� h j�-d V S EMAIL: k, 11 ) l u >)'1 L�4 "1,6",
ADDRESS: CO ] A Cv�v) n 7x x-r l L— AV�DU
SIGNATURE: n DATE: 11 Z1D�
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the forth to 949 - 723 -9697 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you visit Port?
❑ Once a Month ❑ Once a Week ❑ Twice a Week ❑ More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 ❑ 26 to 29 ❑ 30 to 40 P( 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
Traffic or parking issues ❑ �0�
4) How do you get to Port?
Walk ❑ Drive ❑ Taxi ❑with Friends
Additional Comments:��
NAME: �+ •� �a c EMAIL:Q
ADDRESS: i ?I-
SIGNATURE :. Z2 DATE:
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625
You can also fax the form to 949 - 723 -%87 — Should you have any questions, feel free to ask us!
YES
NO
Fights or fistftghts in Port and outside of Port
❑
la
People vomiting or urinating in public
❑
People having sex in cars and discarded condoms in the area
❑
Anyone walking out of the Port with their beverage
❑
Port offering any beverages in plastic cups
❑
Music being so loud to be nuisance to the area
❑
Traffic or parking issues ❑ �0�
4) How do you get to Port?
Walk ❑ Drive ❑ Taxi ❑with Friends
Additional Comments:��
NAME: �+ •� �a c EMAIL:Q
ADDRESS: i ?I-
SIGNATURE :. Z2 DATE:
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625
You can also fax the form to 949 - 723 -%87 — Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you visit Pon?
❑ Once a Month ❑ Once a Week ❑ Twice a Week C More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 m 26 to 29 I3' 30 to 40
El 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
YES
NO
Fights or fistfights in Port and outside of Pon
❑
E
People vomiting or urinating in public
❑
People having sex in cars and discarded condoms in the area
❑
ff/
_/
Anyone walking out of the Port with their beverage
❑
E�
Port
offering any beverages in plastic cups
❑
Music being so loud to be nuisance to the area
❑�/
Traffic issues
or parking
❑
[�
4) How do you get to Port?
U Walk ❑ Drive ❑ Taxi
❑ with Friends
Additional Comments: z� l lc.c -. ,.
<
/ � r
r /tai .t•v ✓L� ,/ f
NAIVE: /Y� -�� i EMAIL: 1 _aC' sr L :
ADDRESS:
SIGNATURE: r.y . ! C t" / DATE: J
Plc= bring your completid form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949- 723 -9687 — Should you have any questions, feel free to ask us!
<_i
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you visit Port'?
AOnce a Month ❑ Once a Week ❑ Twice a Week ❑ More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 g 26 to 29 'K 30 to 40 Rr 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
YES NO
Fights or fistfights in Port and outside of Port ❑
People vomiting or urinating in public ❑
People having sex in cars and discarded condoms in the area ❑
Anyone walking out of the Port with their beverage ❑
Port offering any beverages in plastic cups ❑ 0
Music being so loud to be nuisance to the area ❑
Traffic or parking issues ❑
4) How do you get to Port?
.19 Walk 4 Drive ❑ Taxi 0 with Friends
Additional Comments:
NAME: ��c l EMAIL: I�1p�C�y1' LC
ADDRESS :: li -O t CY &YIA C _
SIGNAT DATE: j'�I I d r
Please bring your your completed forth b&ck.to ➢port or Mail to 440 Heliotrope Ave. CDM, CA 92625
You can also fax the form to 949- 723 -9687 — Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
l) How frequently you visit Port?
❑ Once a Month ❑ Once a Week ❑ Twice a Week a More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 ❑ 26 to 29 8l 30 to 40
❑
40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
YES
NO
Fights or ftstfights in Port and outside of Port
❑
People vomiting or urinating in public
❑
,
People having sex in cars and discarded condoms in the area
❑
J�
Anyone walking out of the Port with their beverage
❑
Port offering any beverages in plastic cups
❑
III
Music being so loud to be nuisance to the area
❑
!'r
Traffic or parking issues
❑
4) How do you get to Port?
Or Walk oR B Drive ❑ Taxi
❑
with Friends
Additional Comments:
NAME: _ ie(Q .me CCUCArtP.f- EMAIL:.I?�(,,.i,t�omr(9�p.h�e (r�M
ADDRESS: 2 S64 S3ut\ISA 1 P1. i:�2 S"
SIGNATURE: t DATE: / 7 /Q q
Please bring your co o Pots or Mail to 440 Heliotrope Ave. CDM. CA 92625
You can also fax the form to 949 - 723 -9687 — Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you visit Port?
❑ Once a Month ❑ Once a Week ❑
2) Checkmark the age groups that you see in Port?
Twice a Week U� More than Twice a Week
0 21 to 25 m 26 to 29 d 30 to 40 d 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
NAME: jE FF !&tK.c l+ EMAIL: J P' UFG hC') k) I /t �'zW
ADDRESS: C DM CA c) Z-s
SIGNATURE: DATE:_ I D/%1 Cq
Please bring your eted form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625
You can also fax the form to 949 -723 -9687 — Should you have any questions, feel free to ask us!
YES
NO
Fights or fistfights in Port and outside of Port
❑
People vomiting or urinating in public
❑
People having sex in cars and discarded condoms in the area
❑
U(
Anyone walking out of the Port with their beverage
❑
Port offering any beverages in plastic cups
❑
1�
fd
Music being so loud to be nuisance to the area
❑
01"
Traffic or parking issues
❑
l
4) How do you get to Port?
1
YJ Walk la Drive ❑ Taxi
❑
with Friends
Additional Comments: IYIr-- � �_I E IT +I-
NAME: jE FF !&tK.c l+ EMAIL: J P' UFG hC') k) I /t �'zW
ADDRESS: C DM CA c) Z-s
SIGNATURE: DATE:_ I D/%1 Cq
Please bring your eted form back to Port or Mail to 440 Heliotrope Ave. CDM. CA 92625
You can also fax the form to 949 -723 -9687 — Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below ytw can find some information in reference to the petition of the reverse side signed by
some n#hbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA.
1) How frequently you visit Port?
Once a Month ❑ Once a Week ❑ Twice a Week ❑ More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 ❑ 26 to 29 K 30 to 40 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
YES NO
Fights or fisA*ft'in Port and outside of Pon ❑ All
People vomiting or urinating in public ❑ 9(
People having sex in cars and discarded condoms in the area ❑ A
Anyone walking out of the Port with their beverage ❑ A
Port offering any beverages in plastic cups ❑
Music being so loud to be nuisance to the area ❑ 18(
Traffic or parking issues ❑ ,id
4) How do you get to Port?
❑ Walk Drive ❑ Taxi ❑ with Friends
Additional Comments:
NAME: EMAIL: r1kiGT -4(g'6 lw
ADDRESS: �61yC{ �iL'iitL �l i:� C4>V\
SIGNATURE: DATE: I C '�g"G c
Please bring your completed form back to Pon or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949 - 723 -9687 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you visit Port?
F, Once a Month ❑ Once a Week ❑ Twice a Week ❑ More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 (b 26 to 29 ❑ 30 to 40 ❑ 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
Music being so loud to be nuisance to the area ❑ �(
Traffic or parking issues ❑
4) How do you get to Port?
❑ Walk ❑ Drive ❑ Taxi with Friends
Additional Comments: (P� �lkt,L
NAME: V ;,k SWA"- EMAIL:
ADDRESS:
SIGNATURE:
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us!
V
YES
NO
Fights or fistfights in Port and outside of Pon
❑
�(
People vomiting or urinating in public
❑
People having sex in cars and discarded condoms in the area
❑
Anyone walking out of the Pon with their beverage
❑
Pon offering any beverages in plastic cups
❑
�(
Music being so loud to be nuisance to the area ❑ �(
Traffic or parking issues ❑
4) How do you get to Port?
❑ Walk ❑ Drive ❑ Taxi with Friends
Additional Comments: (P� �lkt,L
NAME: V ;,k SWA"- EMAIL:
ADDRESS:
SIGNATURE:
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us!
V
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA.
l) How frequently you visit Port?
b Once a Month 43""' Once a Week ❑ Twice a Week ❑ More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 26 to 29 ❑ 30 to 40 ❑ 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
YES
Fights or fistfights in Port and outside of Port ❑
People vomiting or urinating in public
People having sex in cars and discarded condoms in the area
Anyone walking out of the Port with their beverage
Pon offering any beverages in plastic cups
Music being so loud to be nuisance to the area
Traffic or parking issues
4) How do you get to Port?
(!-Walk ti---Drive 6— Taxi
Additional Comments: I`>l nll-6 / '; /% %Gc'
❑
t•
L
•
0;--�with Friends
1 �i1
NAME: EMAIL:
ADDRESS: 1 % � � 'Z. /C�f(,1 C. ^
2S�
SIGNATURE: DATE: �1 2�� 01)
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949- 723 -9687 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you vi -sits Pori? l
❑ Once a Month 9:�- Once a Week ❑ Twice a Week ❑ More than Twice a week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 ❑ 26 to 29 ILI 30 to 40 ❑ 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
4) How do you get to Port?
Walk
Additional Comments:
°- v"1 I "VI -t D .
VY-) 4'c v
—* Drive ❑ Taxi
❑ with Friends
NAME: � -V5 v
- � 1 �' Q �l EMAIL: 1 '11 l(, 'Mkt4` - j
ADDRESS:
SIGNATU 'TE: CV12
Please bring your completed form back to Pon or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949 - 723 -9687 - Should you have any questions, feel free to ask us!
YES
NO
Fights or fistfights in Port and outside of Port
❑
People vomiting or urinating in public
❑
People having sex in cars and discarded condoms in the area
❑
Anyone walking out of the Port with their beverage
❑
Port offering any beverages in plastic cups
❑
Music being so loud to be nuisance to the area
❑
Traffic or parking issues
❑
4) How do you get to Port?
Walk
Additional Comments:
°- v"1 I "VI -t D .
VY-) 4'c v
—* Drive ❑ Taxi
❑ with Friends
NAME: � -V5 v
- � 1 �' Q �l EMAIL: 1 '11 l(, 'Mkt4` - j
ADDRESS:
SIGNATU 'TE: CV12
Please bring your completed form back to Pon or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949 - 723 -9687 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA.
t) How frequently you visit Port?
❑ Once a Month ❑ Once a Week ❑ Twice a Week More than Twice a Week
2) Checkmark the age groups that you see in Port?
(�i 21 to 25 . 26 to 29 �< 30 to 40 02� 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
YES NO
Fights or fistfights in Port and outside of Port ❑ �,
People vomiting or urinating in public ❑
People having sex in cars and discarded condoms in the area O
Anyone walking out of the Port with their beverage ❑
Port offering any beverages in plastic cups ❑ 5k4
Music being so loud to be nuisance to the area ❑
Traffic or parking issues ❑
4) How do you get to Port?
❑ Walk �„ Drive ❑ Ta�xii" ❑ with Friends
Additional Comments: I— GlNh i�YXIL tl�i� �YY iY�l� n _ h
O OMIQ
NAME:
ADDRESS:
SIGNATURE:
EMAIL:
TE:
Please bring yotu_!ffinpleted form back to Port or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949 - 723 -9687 — Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA.
1) How frequently you visit Port?
❑ Once a Month ` Once a Week ❑ Twice a Week ❑ More than Twice a Week
2) Checkmark the age groups _that you see in Port?
❑ 21 to 25 26 to 29 ' 30 to 40 O 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
Fights or fistfights in Port and outside of Port
People vomiting or urinating in public
People having sex in cars and discarded condoms in the area
Anyone walking out of the Port with their beverage
Port offering any beverages in plastic cups
Music being so loud to be nuisance to the area
Traffic or parking issues
4) How do you get to Port?
XW Walk 1 ❑ Drive
Additional Comments: 1�7
0
`f1115 / &C'/A.�rS. d ,V
V- / r U,
NAME: -4 79 ADC-0
ADDRESS:
YES
NO
❑
0j
❑
Ali
Taxi ❑ withh Friends
'-,U /-)P l / f
C-,2, Tv t -CrrL�L- -
EMAIL: '-Vl4 P1CC
5
ZS
SIGNATURE: DATE: !J' 2A -0
T --
Please bring yo r co leted form back to Port or Mail to 440 Heliotrope Ave, CDM. CA 92625
You can also fax the form to 949- 723 -%87 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar, CA,
1) How frequently you visit Port?
D Once a Month K Once a Week ❑ Twice a Week ❑ More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 ❑ 26 to 29 htt4 30 to 40 ❑ 40 to 50
3) Have you ever witnessed any of the followings throughout your visit to Port?
YES NO
Fights or fistfights in Port and outside of Port ❑ V
People vomiting or urinating in public ❑ hk
People having sex in cars and discarded condoms in the area ❑ P,
Anyone walking out of the Port with their beverage ❑
Pon offering any beverages in plastic cups ❑
Music being so loud to be nuisance to the area ❑
Traffic or parking issues ❑
4) How do you get to Pon?
Walk ❑ Drive
Continents: V1C\'l.X
r'Jvvlt r"J- i P c,<.4-
C f-
❑ Taxi
twCc(
TLC- (A- LyQQ
%l[lA>\ I�'tiVFfr
❑ with Friends
Six
NAMEO�G \.V�. EMAILJF�
'�S Cl elSbi�JkSS�«.Q�vi.Col�,
ADDRESS:I
SIGNATU DATE:
Please bring your completed form back to Pots or Mail to 440 Heliotrope Ave, CDM, CA 92625
You can also fax the form to 949 - 723 -%87 - Should you have any questions, feel free to ask us!
Newport Beach City Officials:
Below you can find some information in reference to the petition of the reverse side signed by
some neighbors of Port Restaurant located at 440 Heliotrope in Corona del Mar. CA.
1) How frequently you visit Pon?
❑ Once a Month ❑ Once a Week ❑ Twice a Week More than Twice a Week
2) Checkmark the age groups that you see in Port?
❑ 21 to 25 ❑ 26 to 29 30 to 40 ❑ 40 to 50
3) Have you ever witnessed any of the followin s throughout your visit to Port?
4) How do you get to Port?
Walk 1P Drive ❑ Taxi ❑ with Friends
Ad itional Comments:
NAME:
i
U�
tSMI4 / a 14Loti
ADDRESS: �UU` �Ibt Htt�hP �6ZtC�trL: 9�WL
SIGNATURE: DATE: f o/ /'V /9 te%
� -r
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM. CA 92625
You can also fax the form to 949 - 723 -9687 - Should you have any questions, feet free to ask us!
YES
NO
Fights or fistfights in Port and outside of Pon
❑
People vomiting or urinating in public
❑
People having sex in cars and discarded condoms in the area
❑
Anyone walking out of the Port with their beverage
❑
Port offering any beverages in plastic cups
❑
Music being so loud to be nuisance to the area
❑
(t�
!�
Traffic or parking issues
❑
4) How do you get to Port?
Walk 1P Drive ❑ Taxi ❑ with Friends
Ad itional Comments:
NAME:
i
U�
tSMI4 / a 14Loti
ADDRESS: �UU` �Ibt Htt�hP �6ZtC�trL: 9�WL
SIGNATURE: DATE: f o/ /'V /9 te%
� -r
Please bring your completed form back to Port or Mail to 440 Heliotrope Ave, CDM. CA 92625
You can also fax the form to 949 - 723 -9687 - Should you have any questions, feet free to ask us!
j
M A K A K
r•
to whom it may concem.
a&,Mty, It tikljaat
I have been a resident of Corona Del Mar for several years. I recently built a
home in the area just three doors down from Port Restaurant. My home is
located at 430 Heliotrope in CDM.
I can't soy enough about this restaurant and Ah. They are top notch with their
service and their cuisine. They are so professional with all aspects of their
business including any weekend and nightly activities. The location of Port
makes if nice for IoCals to walk to which keeps the area safe and because it is so
convenient, they ae keeping the comrn arty within the city limits and ftxn keeps
the revenues in our area.
I am a business owner and Port has always exemplified the type of service 1
would expect from my hotels and restaurants.
Regoros.
Paul Makorectlion
CEO
Makor Properties LLC
. — .. , v _a -. .. . . ., I .. .1 .` . . . I .. . 1. I 1, 11 ,... ./..... .
Vmrirk Gkwwr
To: Phn"N Comh+iMid Ws
subjact: FW. Port Re4dumd Permli 14oditojon Requai
As requested, I am forwarding this to you for your consideration.
Ginger Varin
Administrative Assistant
Planning Department
(949) 644 -3232 M
(949) 644 -3229 F
--- --Original Message---- -
F. : Alford, Patrick
Sent: Monday, September 14, 2689 4:44 PM
To: varin, Ginger
Subject: FM: Port Restaurant Permit Modification Request
Please forward to the Planning Comission.
- - - -- Original Message---- -
From: Peggie Foriss ( mai lto:pegsiefariss@aarthl ink. net)
Sent: Monday, September 14, 2689 12:65 PM
To: Alford, Patrick
Subject: Port Restaurant Permit Modification Request
Dear Mr. Alford,
I understand you and the Planning commission will be considering The Port Restaurant's
request for modifications to their permit at this Thursday's meeting. I attended last
month's meeting and heard all the public comments but unfortunately, I won't be able to
attend this next meeting. I'm oa not a regular patron of The Port Restaurant but I have
lived on the 466 Block of heliotrope for most of the last 36 years. (Twelve years at 437
Heliotrope, nearly across the street from the restaurant site and for the last 16 years a bit
further down the block at 416 heliotrope.) In addition, y 88 year old father currently
resides in the front house at 435 heliotrope.
At the August meeting, I heard comments from several of y neighbors' regarding late night
noise from music or departing patrons and 1 as very sympathetic to their discomfort. On the
other fwd, I guess I need to say the neither y father nor I have been personally
Inconvenienced by anything related to The Port Restaurant's activities. In fact, i have been
Impressed with the care this management seems to have exercised to provide a high quality
dining venue within our community and to be a considerate neighbor. If they are granted
their permit modification request and continue to be proactive in their efforts to menage
their presence in this residential community, I would have to say, that's good enough for me.
Respectfully,
Peggle Foriss
418 heliotrope Ave
Corona del Mar, CA 92625
1
John McHugh MD
433 Heliotrope Ave.
Corona Del Mar, CA 92625
To Whom it my concern,
Friday, November D6, 2009
I'd like to thank the Port staff for their support and service for my recent charity event in Corona Del
Mar. I recently attended an early evening cocktail fundraiser on Jasmine Street. Those who could not
arrive until 9pm asked if we could have a later meeting place. I was able to bring a group of young
professionals to Port, and they universally were wowed by the ambiance and service.
For some, this was their first visit to Corona Del Mar, and several have expressed interest in buying or
renting here. To many, the idea that you can come home from work, put away your car keys, and enjoy
great food and nightlife in your own neighborhood is a dream come true.
I recently relocated here from San Diego. My neighborhood in San Diego (North Park) was the fastest
appreciating in property values because many young profess"Is were drawn to its mix of beautiful
homes within walking distance of "new and happening bars, shops and restaurants.
I have just purchased a property a couple doors down at 433 Heliotrope Ave., and discovering Port has
made me even more enthusiastic about this purchase, as I am looking for a neighborhood which has the
services I enjoy.
Thank You,
John McHugh MD
P
Merino, Jakm
From:
Jason Rockwood jjaonnodcwoodeho nai.coml
Soot
Tussdry, August 18, 2009 7:061314
To:
M nlic,JaYtr
Cc:
4141paEodm.com; VNwd, Sharon
Subo t
Port Restaurant
Mr. Murillo,
I am writing in support of Port Reaomm in Corona del Mar. we have lived just down the street Gnat the
tts:tatrarnt for over 7 years and have witnessed the changes in the establishment as well as irs maoageomm
During the time that Pat Restatr n has been in business, we have never had a problem with any sound or
tausance issues resulting frmn the mmur a. In fact, it has been a positive a gmience to have a close location
we can frequent with such a friendly staff, great food and enjoyable ambiance.
Jason and Ssodi Ratwood
436 Goldenrod
949.929 9445
To Whom it may concern,
1 was given your email address from a friend/ the owner of Port Restaurant.
I am a 31 year old, single and professional Freelance Graphic Designer who
has 5 friends that five on Heliotrope. I five at 435 1/2 Heliotrope, which is
across the street and three houses down from Pat. In my opinion, and
speaking an behalf of my friends, Port is a place we absolutely love to go. IU
a welcoming atmosphere, where people from the canmcmity, younger and
older, can cane after wort and on weekend nights to wind down horn work,
meet new people, network, etc.
When I heard that Port was having trouble with the city and had to use noise
contramts/close eatiy because of complaimts , I was shocked. I work from
home and lead a busy and professional life and I never hear ANY nice or
any kind of disturbances coming from them ... if anything, I occasionally hear
my neighbors yelling, or someone's tv is turned up loud, but never hear
anything from Port besides some fun laughs, in which actually make me
want to go over and join in the fum.
This place is very unique to the other bars and restaurants in the area
because of its MUSIC and acclectic style. Whether its a guy on a guitar
singim or the talented cgs that they have play, we all enjoy it the way it is!
It only adds to the experience that they have such a personable saaf, great
hidden location, and great food!
In my experience, this is a place where I ve met new greet friends, talked
business, celebrated birthdays, said hope to have many more experiences at
Port.
Thank you in advance for taking this letter into consideration.
Carrie Trimm
949 - 500-2077
435 1/2 Heliotrope Ave, Corona Del Mar, CA 92625
M uillo, JaIrm
Fran:
Trosy McCarW (eacayapnwrtar.comj
Sort
Tuesday, August 18, 2000 4. t 3 PM
To:
MurYo, ,halms
Co:
hbOporledrnoom
Subset:
&Wort Port Restaurant
Hello Ms. Murilb,
I have enjoyed the restaurants that have occupied the space at 440 Heliotrope for many years, and Port is by far the best
of them. The new ownership has definitely clanged the venue for the better, with amazing dining, wonderful staff and
excellent service. It is no longer a bar /restaurant ..but a restaurant with a nice bar lounge.
I live in CDM and go to Port for family dinner In the earlier hours (we have 2 small children), deft night with my husbarw
and Girls Night Out with my fellow mom friends when we get a 'hall pass" to stay out late. Port is a guest restaurant and
the entertainment Is always nice, new too loud or annoying, which I can't stand when you am trying b speak with
others) In fact. I believe Port is now the only place to go in CDM to enjoy fantastic cuisine in a hip, airy lard dean)
atmosphere with fun musk (I am past the age of enjoying chubs). When we have lrieds, family or business customers
visiting from out of town, we always recommerd Port.
I also are to share with you that the owner, Ali, Is a very kind and generous man who assisted our local Harbor View
public elementary sdnool with it's fundraiskV endeavors. All gvwmushy hosted our Underwriting party at Port and
supplied all the specWty drkuks at our annual event at the Fairmont Hotel last November, helping our Parent Faculty
Organiration rise $710,000. No other shop or store has, in the two years I co- chaired our events, assisted us as much as
Port did this past year, a time of great need as the CA school budget funding continues to decrease.
I sincerely hope you assist Port restaurant wtth their plans to improve upon their suemssha business. I would especially
like to be able to go there for lunchl Like the lido Diner next to the lido theater, "can offer a place to dine before
and after shows. More Importantly, Port an become a CDM landmark along with the rejuvenated Port dhetter, areal
town jewel where neighbors of all ages can enjoy fine yet casual dining and entertainment, and visitors an get a real
feel for the life and hW ship that COM residents enjoy.
Please support and approve PoWs requests for Inprovemen% as they have proven to show consideration and respect
to our neigh' m I c od in their suoonsful business straftgles,
Tracey McCarter
CDM resident since D%
949.30D.SBSS
Tuse&y, August 19, 2W9
To whom it may conown:
I want to gin my fall support as a local resident to the Pat Restaurant in Carom del
Mar. I have lived within 100 yards of the Pat at 432 12 GoWenrod Ave. fit; two years
and I have to admit that there has Dever beer a need to complain about any noise
genaAted from restaaaot's operation fiat their Music or tlaw clwass. My only wish is if
they could be open Low so our aotp once does not end abnrptly and we don't have to go
to other places that we cot as 8W as Pat aflarwerds.
My Neighbors and I try to go to Port every once in a while to enjoy their groat appetizers
and dinner menu as well as listening to local musicians and DTs that are playing at very
fespeuxfirl lavd& I was very disappointed so see that they bad to stop the Music a couple
months ago because of their ugoomiag applicatiom to the city. We can definitely use a
place around ben to provide Music in a tastdW maumar
Pot is a 'gam' in the heart of Corona Del Mar. It is well-run place with excellent Good
and welcoming staff as you have heard by other neighbors and local residents and it's a
perfect place to meet clients for busman mosdW It would be qu to an addition to the
eom>murity if they were to open for Minch.
Please fed fix to contact me at the mambas Brood below if you have my questions.
Kindly.
Justin Kautz
949 - 7484143 dox
559679 -5730 cell
949. 612 -7386 direct
Jamie Murrilkh
I wish to express my support to Ali and Port Restaurant for their
upcoming 1 e 6,q on August W. As a local resident and
homeowner at 316 Iris, I fidiy support the application for
Increased haws and the EnarfakmwM Application. I hew been
a patron of Port for a number of yam Including its days as
Mistrial. All has brought the awns consciousness and
experience to Port while updating Its appeal. 1 also own a Mplex
at 227, 2299 231 Carnation. I have seen my tenants at Port on
numerous occasions and they have expressed to m• their
support as well.
Donald Okeds
316 IMS
Corona del Mar, CA
Dear Mr. Murillo,
1 understand there is a hearing for the Port Restaurant, and I really felt that I
had to give my input on the muter. l am a resident in Corona Del Mat, and I
have been going to The Port since its opening, as I had gone to the other
restaurants before it. However Port has something special about itl 1 go
there with my mom to wind down after work. and be around quality people.
The Port really caters to any age with its ambiance of music, and the
great architecture and ambiance. The food is great -I go there for Brunch and
dinner, and repeatedly I have asked the owner if they could open for lunch.
Corona del Mar is a great place for nice restaurants, and i think the PORT
really brings in quality people from CDM, as well as our neighbors in
Laguna beach and Newport Beach. Its presence in many magazines and all
of its positive advertising bring a large crowd to Corona Del Mar. A friend
of mine is a very close neighbor of the PORT and she says that she never is
interrupted by its crowd because of its secluded location. The music is never
too loud, and really gives the restaurant a good vibe. I think Corona del Mar
would be missing a lot if it didn't have The Port!!
Thank you for your time,
- shadan shamloo
2500 Lighthouse Lane
Corona Del Mar, CA 92625
9) 735 -9067
k Kwiadett
61
MUM% Jaime
From: Dons id Okada (w=r@74dxgbW.nsq
soft Tussday, Augu t 10, 2009 9:01 AM
To: Muib, Join
sub)aet Port Raataursint
Jam MumNO,
As a horrrsownsr at 131 Ina, CSA, i wish to axWW my support for Port Reaftrard and tltsk app /ca0on to be hoard on
August 20*. Port is a bvaly bom oaublslntwt Vial tuo rs ew sxpwwm of *AV in Carona dot Mar. I lay support the
appkWw for a EnWUWwrwg PsrrrY[ aid kteraaaad operm" holes.
Arne 1MtUltnd
131 Ins
T1oe e4na1 and any attached Ba may cow= confidtand inform bolt or a aammnmivOOn Ptivikgad by law
and is intended solely for the wee of the ondivuhad or entity to «born they an -Wr ased If you reoaved tlna e.mad is error, you ate
hereby notified that any dwdoatae, oopym& dwsewAmum dwo uaM or um of any of the iaformetion contained in or attached to
this tr� is SIRICR.Y PROI ISMI1). If you have received this Mond a error PIS M motify m un="tdy debt error by
return e-mail and pkaae deatroy the original trana nionoo and its attadhmmntr without reading or aaving them in eny manner
'Blank you in advance for your 000paation
Sep V oe 0536P 7144016-1 t34 c.r
"0 ?In
INTER COUNTY PROTECTION
To W hover It 01my Cona":
Tkb WW is fwaiefnd to report our IiWkgs as Mn•Ag oornhllrwb. We
were hired b perlown raefthat " aervlets W 4M NsNulrop Aft eddiese in
dly of Cann dal titer.
We nnrdfsad V" tioft abrh4 with to }whirrs lot and to awroundln0
arms duoVq the a ds" @sbd below:
Thweday to ssksday SW to W"
T11wredey mW FMey W3 to W4
Our task was to act as as tadspMldeet a0swt in an W W WCMmr arrloraobie
so we do not draw any atlentlea born rmstawant pavome eputllnB at tke
eboro sd Fees.
vft to dic ad sofhrw" tl00 pm" eawikp to and baviny flora the
reaft , t and no bud a c* tbs in the arrest were oYservad. We observed
the rweeueaM eewfyhuemsty kad at lest one v nrhtl st tln front door
c heddp We and aeebtl Q atinas wMh *anpoAellow.
W ohdd you hers my qhn lil", pkhese 111001111110 to ear0" t as.
1
OWN flM
venoms►
~ Couegr Probolimh
H
PO Box 29196 Mrhedm. Ca 92W9
To Whom It May Ca oem
Diving the 1990's and 1990'x. I was the Recant Critic sad Op Ed columnist for the
Daily Pilot, as well as the hat of IGOCEAN 1 03.1 FM's "Deng With Judy."
Pro£aionally and personally, I waa a regular diner at Trees, one of the most innovative
culinary atablishmeob of its dry. The food was lovely, the atmosphere chic and relaziog
and due dining experience was finder enhanced by the resumravt's policy of hweag lire
music eighty. The momtamment m those days was ohm provided by local performers
like Dooms Singes and a bellow named "Caesar."
Whin the restaurant beanie Mutnt, l wn one of the artists wbo amstamed them myself
with my jai oontbo.
Because of its owelleat food and dedication to service and relaxing atmosphere enhanced
by live music, Trees aoabiished itself as a tine diving destiartion that atlra reed a loyal
clieatele. It wan not uncommon to find visitors Sum Se Die@N New York, San
Francisco and other parts of the country euojoymg kww* evenings of mWb -courw
dim m prepteed by the awartd-womivg Trues. And liaoenieg to live music.
As a member of the Soulbae California Real mam Writers Associatia% I can attest to
the fwt that Port Restatvaat is dedinled to renewing and mooring the cultural imprint
that Trees was known for it its heyday. Fine art, scolpbum. comfortebble seating, a diverse
and interesting, well -priced menu and gracious environment amt alive and well w Corona
M Mar because of Ste Port.
It's no awy to trying to operme a business that is gesmd toward the wlttaslly- minded
these days!
Despite the tread towed attracting a mostly -bar bmatesa I am confident that it is not the
Poet Rastsawm's objective to be aaydj og but a high-wd atablidwwa that will continue
to make the kind of ou>tateading contribution to the legendary linage of Newport Beach's
acclaimed doing destinations that was pioneered by Trees so many yeas ago, in the
years to come.
Sincerely,
Judy (lawnbaLm
September 17. 1995
To Whom It May Concern:
We were the restaurant managers and office manager respectively of Trees Restaurant
located at 440 Heliotrope ta Como del Mar from the time opened in early 80's until mid
90's. We had entertaunr>ent 5 to 7 nights a week in our bar area since we opened and it
continued up until the time of restaurant closing to 1995. As I recall, the music was
nightly from 9PM w closing time.
Sincerely,
Frank Ramos
39 Appomattox
Inina. CA 92620
it /as't9—
Dana O. Ramos
39 Appomanox
Irvine, CA 92620
Attn: Newport Beach Planning Commission
On behalf of the Lighthouse Guild and Olive Crest Abused Children's Homes,
I would like to acknowledge and thank Ali Zadeh and Port Restaurant for the
generous contributions, room usage and willingness to help our cause.
Over the last 2 years, Port Restaurant has been our meeting place of choice for
Board Elections. Social Mixers and Fundraisers. We thank you with all of our
heart for all you have done for the Guild by providing a fun, beautiful and safe
environment for our members. We support Port Restaurant and it's project. Good
luck!
Your kindheartedness to the Guild will not be forgotten.
Thank you,
0
Jesse Valencia
Lighthouse Guild
2130 East Fourth Street. Suite 200 • Santa Ana, CA 92705 • T (714) 543 -5437
ERMA
1111"1"1 ""r1111N
DATE: September le, 2009
ATTN: Newport Beach Planning Commission
Dear Commissioners,
On behalf of the Board of DIrector's of the Newport Beach Restaurant Aasodation
BID, we are In support of the Port RdburarWs application to extend hours of
operation with added security, Induction of lunch hors and obtaining the
required onto Innm Ocenso.
Mr. All Zadah, Owner and Operator of the Pat Restaurant, has been an active
part of the local comimunity, hospitality industry and participates In NBRA BID
programs and marketing campaigns.
The NBRA BID Board of Directors supports the Port Restaurant as a loal
establishment with a parltJva Impact to both City revenues and emptoynw t for
approxlrnately 30 employeas. The restaurant has been an active part of the
Corona del Mar Community and provides frospIt llty, culsk» and friendly service
to our local neighborhood.
Thank you for consideration of support.
sincerely,
Shari Drewry
President
Newport Beach Restaurant Association BID
OVA OFC
O� =
BUSINESS IMPROVEMENT DISTRICT
DATE: August 19, 2009
ATTN: Newport Beach PlannkV Commission
Dear Commissioners,
On behalf of the Advisory Board of the Corona del Mar Business Improvement
District, we are in support of the Port Restaurant's application to extend hours of
operation with added security, Induction of lunch hours and obtaining the required
entertainment license.
The Business Improvement District Board of Directors voted to support this
application to assist In retaining this valuable asset, the Port Restaurant, as a
longstanding community establishment. There are many businesses in Corona del
Mar that are dosing their doors due to these difficult times, and the Board feels that
it is necessary to support the Port Restaurant due to Its positive contribution to ofty
revenues, employment, and the local dining Interest It provides.
Thank you for considering this endorsement.
Sincerely,
aft* Spawal
Bennie Svalstad
Chairman
CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT
2855 E. Coast Hwy, Suite 101 / Corona del Mar, CA 92625 / (949) 673 -4050
�pk DE(
Oho k 'P
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c�7
�pMER�E
QNAMBER OF
Newport DATE: August 19, 2009
On behalf of the Board of Director's of the Corona del Mar Chamber of
Commerce, we are In support of the Port Restaurant's application to extend
hours of operation with added security, induction of lunch hours and obtaining
the required entertainment license.
Mr. All Zadeh, Owner and Operator of the Port Restaurant, has been an active
part of the local community and serves on the Corona del Mar Business
Improvement District's Advisory Board as well as the Chamber of Commerce.
The Chamber's Board of Directors supports the Port Restaurant as a longstanding
local establishment with a positive impact to both city revenues and employment
for approximately 30 employees. The restaurant has been a part of the Corona
del Mar Community and provides cuisine and friendly service to our local
neighborhood.
Thank you for considering this endorsement.
Sincerely,
2404 ZwAias l
Linda Leonhard
President
CORONA DEL MAR CHAMBER OF COMMERCE
(949) 673 -4050
U" !. Cowl ". sw too • COW* AN MW, CA aau • RI 0W 034M • Fm " 9?44080- lj&ftdiaohloWi
. o ohw h Am
100
NEWPORt BEACH
CHAMBER OF COMMERCE
The &nn , and Comwnw tv Ft a *
September 15, 2009
Chairman Robert Hawkins
Members of the Newport Beach Planning Commission
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Re: Port Restaurant & Bar, 440 Heliotrope Ave., Corona del Mar
Dear Chairman Hawkins & Members of the Planning Commission:
The Newport Beach Chamber of Commerce is in support of Mr.Ali Zadeh's application
to amend his Use Permit # 1566 to allow for minor changes in the operational
characteristics of his restaurant. The Chamber supports his effort to allow for additional
hours of operation in order to be able to serve lunch from 11:00 A.M. to 2:00 P.M. and to
allow live entertainment.
Mr. Zadeh is an active and responsible member of the Business community and as with
many restaurants in the community requests these changes to remain competitive in a
very difficult economic climate. The Chamber encourages the Planning Commission to
approve this application as presented.
Sincerely,
AICAa4d X tueAw
President
1470 Jamboree Road Newport Beach, CA 92980
Phone: 949.729.4400 Fax: 949.729.4417
"RECEIV17DAFrER GENOA
PRINTED:" - �% "
Brown, Leilani
From:
Murillo, Jaime
Sent:
Tuesday, November 10, 2009 8:13 AM
To:
'Chris Beaufort'
Cc:
Brown, Leilani
Subject:
RE: Public comment on the Port Restaurant's appeal of its CUP modification denial
Chris,
I am forwarding you comments to the City Clerk to become part of the public record.
Thanks,
Jaime
- -- Original Message--- -
From: Chris Beaufort [ mailto:cbeaufort@roadrunner.com]
Sent: Monday, November 09, 2009 4:08 PM
To: Murillo, Jaime
Cc: Gardner, Nancy
Subject: Public comment on the Port Restaurant's appeal of its CUP modification denial
Hello Jamie,
I plan to attend tomorrow night's City Council public hearing on the
Port Restaurant's appeal of its CUP modification denial. I'm sending a
copy of my planned remarks for the record. I'm also copying Nancy
Gardner, our District 6 representative on the council.
If at this stage in the process I should be directing my email to a
staff member who supports the City Council, let me know and I'll forward
as appropriate.
Thanks,
Chris Beaufort
fttit +tuff
My name is Chris Beaufort. I've lived with my wife and two children at
425 Heliotrope Ave for 15 years.
I oppose a) the extension of the operating hours of the Port Restaurant
to 1 A and b) the grant of a live entertainment permit because I believe
it will pave the way for the Port to operate as a nightclub in the late
evening/early morning hours.
While I understand Mr. Zadeh's desire to increase the profitability of
his business, allowing him to do so by operating as nightclub will
adversely affect:
- my economic interests as a homeowner (as well as the other homeowners
in the area) and,
- my family's quality of life
Living a half block away from the Port, my family would be affected in
the following ways:
- Should we choose to sell our house, our property value will be
decreased by the need to disclose the existence of a nightclub on the
street (the owners of rental properties on the local streets will face
this issue each time they go to rent out a residence.)
- On a night to night basis, Port patrons leaving between 1 AM and 1:30AM
will inevitably exhibit the same behavior that we've seen over the years
with the Port, Svelte, and Mistral when they closed at 12:OOAM ... just
one hour later. Yelling and bud conversations by inebriated patrons as
they search the block for their cars, revving engines, cars racing down
the street, litter, and, how shall I say this politely, the deposit of
various bodily fluids by those who have a hard time holding their
liquor. When you're jolted awake at 1:30AM, 6:OOAM comes pretty quick
for those of us who have to get up for school and work.
Now, in the most recent planning commission hearing (September 17th)
that I attended, Mr. Zadeh struggled mightily to dispel the notion that
he intends for the Port to become a nightclub in the late evening/eady
morning hours. Yet:
- As documented by the Newport Beach Code Enforcement and Police
departments, early in 2008, the Port was already effectively operating
(illegally) as a nightclub: open past 12AM, refusing to serve food after
1 OPM, and offering late night live entertainment, all in violation of
the Port's existing Use Permit.
- Mr, Zadeh stated during the September 17th planning meeting that there
was never any intention to have dancing at the Port, yet in his May 2008
cover letter to his Use Permit amendment application, Mr, Zadeh states,
in his own words: "Caf6 Dance Permit will also be very useful for us to
be able to book those special events such as weddings and birthdays as
well as dancing on weekend nights given that there will not be any noise
traveling outside of the premises."
- At the September 17th meeting, the new rationale given for the need
for a 1AM closing was that the Port needs to be able to have 7PM and
1OPM seatings for the dining public. According to Mr. Zadeh, we have a
high demand here in Corona del Mar for fine dining after, in his words,
the "show" (ballet? opera ?) But I'd like to quote a Port customer from a
review that he posted on Trip Advisor in March 2008
( *hftp: / /tinyurl. com/y8dwad 7) *:
• The Atmosphere: This is where things really went crazy. Beware,
• because at 9pm, the nice Sinatra is replaced with loud rap, hip -hop
• and rock. Now I grew up with rock and roll and even played in a few
• bands, so I have nothing against loud music... but it was completely
> out of place in this restaurant. I can't imagine why anyone would go
> to the Port to have a nice romantic dinner, when there is loud rap
> blaring from overhead (and I mean really loud - you have to shout to
> be heard across the dinner table).
You'll note that this Port patron's experience at the restaurant is
consistent with the findings by the Newport Beach Police Department
during it's investigation, i.e. that by 10pm, the Port seems to
transform from a fine dining establishment into a nightclub.
My hope is that, whatever decision you make as the City Council
regarding this application to amend the Port's Conditional Use Permit,
it's done with the clear realization that what's being voted on is,
effectively, permission for the Port to operate as a nightclub.
Thank you for allowing me to express my concerns.
Chris Beaufort
425 Heliotrope Ave
(My email provider is changing my email address from "cbeaufo rt@adelphia. net" to
"cbea ufort@road runner.com ")
Brown, Leilani
From: Murillo, Jaime
Sent: Tuesday, November 10, 2009 12:17 PM
To: Brown, Leilani
Subject: FW: Port Restaurant Project File No.: PA2009 -080
Attachments: Port Restaurant PA2009 -080 11- 10 -09.doc
Not sure if you are automatically copied on these, but just in case
From: Geoffrey Haddad [mailto:reservoirhill @yahoo.com]
Sent: Tuesday, November 10, 2009 12:16 PM
To: City Council
Cc: Murillo, Jaime; march @poulseNalleries.com; khood27 @hobnail.com
Subject: Port Restaurant Project File No.: PA2009 -080
Honorable City Council of Newport Beach:
As the property owners immediately adjacent the Port Restaurant, we do not support this application
(PA2009 -080). While we congratulate the Port Restaurant on their apparent success, we cannot support
their continued non - conforming activities, and certainly not an expansion thereof.
Due to unforeseen circumstances, I am now unable to attend tonight's city council meeting. Thus, I am
attaching a letter (in Word format) expressing our concerns regarding this application by the Port
Restaurant & Bar. I apologize for the lateness of its arrival. Thank you for your time and consideration.
Sincerely,
Geoffrey Haddad
November 10, 2009
Newport Beach City Council
CITY HALL
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Re: Port Restaurant & Bar / Project File No.: PA2009 -080
Honorable City Council and Planning Staff:
As the owners of the commercial building located at 436 Heliotrope Avenue in Corona
Del Mar, which happens to be immediately adjacent to the Port Restaurant & Bar, we
wish to comment on this application for extended hours and activities by the restaurant.
For anyone not intimately familiar with the Port Restaurant property, we would strongly
suggest a close review of the satellite photo of the site, complete with overlaid property
lines, that is contained in the Newport Beach City computer system. From this satellite
photo it quickly becomes apparent that the restaurant proverty has absolutely no off -street
parking! In fact, the site is so constrained that, according to City records and staff, the
restaurant's chain link trash enclosure, trash dumpster, waste grease trap, etc., are
actually located on an adjacent property owner's parking lot and vehicular access to this
enclosure can only be achieved by driving across this neighboring property. If the nature
of this adjacent property were to substantially change, the restaurant could lose that
access and their ability to have a trash dumpster.
Also, it should be pointed out that immediately adjacent to the northerly side of the
restaurant is the Port Theater, which is currently undergoing renovation. Like the
restaurant. the Port Theater also has no on -site parking! When the Port Theater
eventually re -opens for business, parking in the neighborhood will become even more of
a challenge than it is presently. Neither of these businesses would likely be allowed to
establish themselves now as "new usages" in this neighborhood due to the non-
conforming nature of their respective properties and the negative impacts they have on
neighboring businesses and particularly the many residents of the immediate
neighborhood.
We, as owners of the commercial building adjacent the Port Restaurant, have to provide
on -site parking for our building. We are baffled as to why this adjacent business, the Port
Restaurant & Bar, is allowed to operate with absolutely no on -site parking whatsoever,
especially in a neighborhood known for vehicular congestion( ?).
Furthermore, given that the current operators of the Port Restaurant & Bar have a history
of ignoring city codes and regulations when it suits them - according to city employees
and based upon our personal experience as well - and have shown a complete lack of
regard for the negative impacts their operations have on their neighbors, we have to ask
why anyone would think their behavior would suddenly change for the better if they are
allowed to expand their activities and hours of operation?
Additionally, some of our tenants meet clients on an appointment -only basis, in the
evening hours. Thus, the allowance of live music and the attendant noise likely to be
generated from the Atrium area of the Port Restaurant could have a severe negative
impact on the ability of some of our tenants to conduct their business and also on our
ability to use our building and property to its fullest extent. Most of the units in our
building have windows facing the Port Restaurant. Windows of our second floor units
look down on the roof and atrium area of the Port Restaurant. Thus, any attendant
increase in noise emanating from the Port Restaurant has the potential to significantly and
negatively impact tenants of our building. Therefore, we strenuously object to live music
and dancing being allowed at the Port Restaurant!
In our opinion, the proposed operational changes requested by the applicant do not
benefit the overall health, safety, and welfare of the surrounding neighborhood, actually
quite the opposite. While we recognize the rights of the operators of the Port Restaurant
to operate their business and applaud their apparent success in attracting clientele, we feel
that their success dictates that they move to a site more suitable to their needs. Their
success should not come at the expense of their neighbors, particularly the local
residents!
Sincerely,
Geoffrey Haddad
(via email, for Haddad Properties)
November 10, 2009
Newport Beach City Council
CITY HALL
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Re: Port Restaurant & Bar / Project File No.: PA2009 -080
City Council and Planning Staff:
"RECEIVE AFTER AGENDA
PRINTED:"
/t-ID - Dq
I own the commercial building located at 2919 E. Coast hwy in Corona Del Mar, which
happens to be immediately adjacent to the Port Restaurant & Bar. I am very concerned
about this application for extended hours and live entrainment by the restaurant.
Port Restaurant property has an open atrium area design that is located approx 15 feet
away from the rear wall of my upstairs apartment. The speakers and DJ stand were and
still I believe are located against the adjacent restaurant wall that is back side of
connecting apartment wall. With this close proximity to the live entertainment a transfer
of the sound and vibrations can then travel directly up the wall to the apartment. These
vibrations and sounds have affected the ability to live in a acceptable apartment
environment. The sound tests that were conducted with the city supervision were not
completed on my property or with my knowledge or their knowledge at the time
apparently of this apartment.
I would first request a new sound study be completed that would take into consideration
this location of the apartment before any approval of the live entertainment or expansion
of use or hours is granted. Secondly, please consider the impact of loud customers
leaving the Port at night will have on the apartment that is located directly above this
parking lot adjacent to my property.
Respectfully,
Gary Sauter
"RECEIV� R AGENDA
PRINTED: " — /le
Washington, Lillian
From: Brown, Leilani
Sent: Tuesday, November 10, 2009 5:29 PM
To: Washington, Lillian
Subject: Fw: City Council Meeting 11/10109 Agenda Item No. 16
Please print.
From: Murillo, Jaime
To: Brown, Leilani
Sent: Tue Nov 10 17:14:37 2009
Subject: FW: City Council Meeting 11/10/09 Agenda Item No. 16
Another one
From: Carl Cassidy [malfto:crcassidy @sbogbbal.net]
Sent: Tuesday, November 10, 2009 5:03 PM
To: Murillo, Jaime; Selich, Edward
Cc: City Council
Subject: City Council Meeting 11/10/09 Agenda Item No. 16
From: Carl Cassidy
409 Goldenrod Ave.
Corona del Mar, CA 92625
To: imurillo ewwportbeachcagov
Dear Mr. Murillo and Honorable Newport Beach Mayor & City Council Representatives:
RE: City Council Meeting 11/10/09 Agenda Item No. 16
Port Restaurant and Bar de Novo Hearing
Immaterial Change in operating hours and parking provisions
for Port Restaurant's continued economic viability
Introduction
I have been a resident and voter in Newport Beach for the last seven years and residing at 409 Goldenrod since
October, 2006. 1 do not engage in any business activities and I do not own any real property within the City. I
am one of the overwhelming number of Newport Beach residents, close neighborhood residents, and patrons
that fully support the continued operation of the Port Restaurant (Port). I visit the Port on average twice a
month and walk past the village merchant provider of food, drink, and companionship twenty to fifty times a
week. I have no vested interest in the proceedings other than as a patron and close neighbor to the Port. I do
have several questions regarding the City's use of governmental authority to deny the Port and the
neighborhood the continued use of the property that I submit for the Council's review.
1) Whether or not the utilization of the City's power of imminent domain to restrict business
operations is proper?
Generally, a municipality does not reach into the operations and details of operations limiting hours,
types of service, and characterizations of employees, and noise levels, types of patrons to foreclose on a
business operation. Clearly if the matter relates to a land use not a business use 1 would understand the
City use of zoning authority to zone the land and monitor the zoning compliance. Use of imminent
domain to discriminate on types of commercial activity (restaurant vs. restaurant/bar) is not readily
apparent to the casual resident on why the applicant is being forced out of his business.
2) What factors provide the basis for the Council to discriminately favor some merchants within the
CDM village and a miniscule handful of neighboring property owners over the economic and
pursuit of happiness interests of the overwhelming majority?
Are the interests of the fellow merchants, the neighborhood constituents, the Chamber of Commerce,
and the very words of the Declaration of Independence to provide for "pursuit of happiness" no longer
the concern of the City to appease the dissatisfaction with a small minority and the Police Department?
3) Does a Newport Beach business no longer eniov the constitutionally protected right of engaging in
interstate commerce only subject to the federal government Jurisdiction?
Does the Port not have a right under Article IV, Section 8 to engage in interstate commerce to resale
beverages, prepare and sale food that were purchased from vendors in the normal course of interstate
commerce? Does local City of Newport Beach government really wish restrict his constitution right,
incur probable litigation costs to defend its efforts to regulate interstate commerce in order to appease
the unsubstantiated complaints of a small minority or property owners?
4) Use of Police Authority as Credible testimony?
Why is the police detective (a highly credible distinguished young man) accepted as more credible than
any other resident regarding the day to day activities of the business? Does the police provide
specialized training and experience in restaurant operations, financing of business operations, noise level
engineering comparative testing, and other relevant operational concerns (as opposed to land utilization)
that are of a higher level of competence than the regular residents and patrons of the restaurant? Does
the Police testimony have any relevance when compared to the expert testimony of sound level and
noise impact experts and night club operations experts regarding whether or not the restaurant might
possibly or by some chance become a greater inconvenience as a future night club? Will the Police in
there imminent knowledge of restaurant operations and as economic experts be willing to put there job
or business on the line like the Port's owner regarding what the foreseeable future might be? Should the
City choose to forego revenues to the detriment of the City and its citizens in order to use its imminent
domain over the economic interests of this one merchant what will be expected of the next city resident
with an economic or personal interest to appease the police and small minority? Are we on the slippery
slope towards totalitarian Russia or even Nazi Germany allowing the police to become experts on
engineering and financial forecasting matters? Is it the reasonable expectation that the police be held
responsible for monitoring all minor disagreements over noise and monitoring which business within the
CDM village can keep their lights on until a City mandated allowable time applied to merchants on a
non uniform basis? Are the interests of the City really served by having all one establishment run out of
one establishment so that they might run down the street to another that has the favor or the City to
remain open for an additional period?
5) Do the neighborhood residents of the CDM Village not have some constitutionally protected right
2
to Bather and exercise free speech?
Does the City really wish to utilize police authority and imminent domain over a merchant to keep
residents from gathering and exercising free speech because some small minority asserts that their
interests have been damaged? Do the small minority not a legal mechanism for recovering alleged
damages (no factual basis has been provided as evidence) through the courts to resolve their claims
without imposing imminent domain over the majority of the neighborhood? Have the claimants
asserting loss or foreseeable loss (again, not substantiated or any evidence contracting expert hearing
testimony) shown that the alleged loss or future loss is or will be in the some unspecified future (6
months of 60 years) become a noisy nightclub that is the proximate cause of their asserted claims? Do
we even know whether or not the complaints of noise or rowdy behavior were in any way connected to
the Port?
There is a questionable characterization of the polite young men serving as attendants and doormen that
are personnel of the Port as "Security ". To twist and use the misnomer to call the parking and door
attendants Security is a reach. The individuals are polite, unarmed, attendants serving patrons and the
interests of the neighborhood in monitoring noise and undesired frolic. These personnel do not dress as
security, hold themselves out as security, or carry of the tools of the trade as security. The doormen
attendants are more like highly professional greeters than highly trained off -duty police officers with
specialized skills in conflict resolution that one would generally characterize as Security> Would the
City have a hotel label its concierge or a baseball team characterize its seating attendants as "security "?
6) Are the Honorable Mayor and City Council actine within the scope of elected authority to apply
the provisions of the Municipal Code to favor the interests of a small minority over the siodficant
hip-her legal US Constitutional authority of the majority?
Is there an agenda of the Council members as individuals in choice of restaurants, financial interests, or
otherwise that would be a sufficient conflict of interest to ignore the overwhelming majority of
constituents to forego revenues to single out one business owner from operating his business at its
highest and best use? The Port is clearly is bounded on all four sides by commercial property and is
zoned as commercial. To allow nearby residents seek to change the operations of businesses within
commercial areas to the point of putting the business in the same state that existed prior to the inception
of the business appears to have a personal element.
The Port prior to being purchased and peacefully operated to the satisfaction of the overwhelming
majority of neighbors was a closed, non operating business not generating any tax revenues. Does the
Council really wish to close down a nice neighborhood establishment, similar to the legendary Cheers
bar of Boston celebrated for years on TV, because a small minority of individuals can misconstrue the
future (at no personal stake of their own or expertise) that by some remote strike of lightning we could
have a nightclub in our vicinity? Should not the entrepreneur be granted some faith and credibility
based upon what he has done henceforth and who he is, rather put him out of business? What does the
Council offer as a positive alternative to replace the lost tax revenues- a Biker Bar?
Conclusion
With deepest respect and appreciation for diligent public service, I encourage the City Council to weigh the
concerns and rights of the majority of neighbors of the Port to have faith in capitalism and the US Constitution
to not interfere with the enterprise of a tax generating business and allow continuation with similar hours of
operation that other neighboring comparable establishments utilize for serving the constituents of Newport
3
Beach.
Thank you for the opportunity to be of service.
Cart R Cassidy, CPA
crcassidya- sbcglobal.net (personal)
carlOcassidvburtoncpas.com (Client email)
carlcassidvcpa(&yahoo.com (spam free secure email)
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4
Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number A -6214 FIVE D
September 29, 1961, and A -24831 June 11, 1963. R E(l `
PROOF OF PUBLICATION ng NOV 6 AM 107 12
STATE OF CALIFORNIA) C'
) ss.
COUNTY OF ORANGE )
11�IO��
� tL
reviewed at the Plan-
ning Department
(Budding C, 2nd Floor),
3300 Newport Boule-
vard, Newport Beach,
California, 92663.
for questions regarding
details of the project,
please contact Jaime
Murillo, Associate Plan
ner, at (949) 644 -3209
or by email at urlllo
pmi Nkkk
PA2009080
Aandly Nn-: Amendment
to Use Permd No. 1566
and Off -Site Parking
Zmah m No. OP 2009-
Zrere RSC (Retail 8 Ser
vice Gcimrwcla0
Gerwd Phu CC (Car
rdor Corrxrerua0
Loce0se 440 Nellobope
Avenue
An em: Part Restaurant
Dar Leilani I. &own
City Clerk
Published Newport Beech/
Costa Mesa Daily Pict
October 31. 2009 Sag%
NOTKE Of PIAIK HEARING
I am a Citizen of the United States and a
11101FICIE IS HEREBY
resident of the County aforesaid; I am
GIVEN that ruee-
b
daOyO November 10,
9,
over the age of eighteen years and not a
4 at 7:00 p.m., a
public hearing will be
in the City
party to or interested in the below entitled
conducted
Council A) at 3300
matter. I am a principal clerk of the
Newport Boulevard.
Newport Beach. The
City Council of the City
NEWPORT BEACH - COSTA MESA
pf Newport Beach will
consider an appeal of
DAILY PILOT, a newspaper of general
the Planning Chefof-
sipn'sg denial of the fol-
circulation, printed and published in the
i� Rilaurrael B Bw
City of Costa Mesa, County of Orange,
Permit An tt Ual-
t N No. o. 1 156 566 tp al-
low the following
ng
State of California, and that attached
changes in the oper-
ational characteristics
Notice is a true and complete copy as
of the existing restau-
rant: 1) Expand the ex
was printed and published on the
isting hours of opera-
tion (5:30 p.m. to 12:00
ding t
d
a .m.) by extending
following dates:
closing time 1the
a.m. daily, and provid-
ing lunch service on
weekends; and 2) Intro
duction of live enter-
tainment. The applica-
tion also includes an
off s,te parking
agreement to allow the
October 31, 2009
continued use of 40 at on
site parking spaces on
property located at
E. Coast Highway
far the requested hours
for t
did
The project is -
cally exempt under der Sec-
tion the Cali -
En Envirit onmental
declare, under penalty of perjury, that
Qualia t
GudelinesA�t ClasspAI
the foregoing is true and correct.
All (Existing o Facilitiesa
All interested parties
may appear and present
testimony in regard to
this application. If you
Executed on November 4, 2009 at
challenge pmafyct in
coourt, urt, ge be
limited to rinsing only
Costa Me a, California.
someone else you or
at
the public hearing (de-
scribed in this notice)
or In written corre-
�✓�
spondence delivered to
C.F %�
the City, at, or prior to,
the public hearing. The
agenda, staff report,
Signatu
and documents may be
11�IO��
� tL
reviewed at the Plan-
ning Department
(Budding C, 2nd Floor),
3300 Newport Boule-
vard, Newport Beach,
California, 92663.
for questions regarding
details of the project,
please contact Jaime
Murillo, Associate Plan
ner, at (949) 644 -3209
or by email at urlllo
pmi Nkkk
PA2009080
Aandly Nn-: Amendment
to Use Permd No. 1566
and Off -Site Parking
Zmah m No. OP 2009-
Zrere RSC (Retail 8 Ser
vice Gcimrwcla0
Gerwd Phu CC (Car
rdor Corrxrerua0
Loce0se 440 Nellobope
Avenue
An em: Part Restaurant
Dar Leilani I. &own
City Clerk
Published Newport Beech/
Costa Mesa Daily Pict
October 31. 2009 Sag%