HomeMy WebLinkAbout20210319_ApplicationPA2021-064
Community Development Department
Planning Permit Application f f\)0)1--0(,1
1. Check Permits Requested:
D Approval-in-Concept -AIC #
D Coastal Development Permit
D Lot Merger
D Limited Term Permit -
D Waiver for De Minimis Development D Seasonal D < 90 day 0>90 days
D Coastal Residential Development D Modification Permit
D Condominium Conversion D Off-Site Parking Agreement
D Comprehensive Sign Program D Planned Community Development Plan
D Development Agreement D Planned Development Permit
D Development Plan D Site Development Review -D Major D Minor
D Lot Line Adjustment D Parcel Map
2. Project Address{es)/Assessor's Parcel No{s)
CITY OF I J EWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
~ff Approval
D Tract Map
D Traffic Study
D Use Permit -□Minor □Conditional
D Amendment to existing Use Permit
D Variance
0 Amendment -□Code □PC □GP □LCP
D Other:
11-1 \ ·vJ . °' bi-•' \-\ \,J 'I I (\J u~ e\) v.:>r Y>{J ~"'
3. Project Description and Justification {Attach additional sheets if necessary):
4. Applicant/Company Name ,_11.=::........:7'--"t~\,.______...\j~. --""'--"-'\o_· 4-_· __;_A.....;.."-=-C-1.\.l,,_'_, :-,-'-·\_--\'_~ o_()_~=---~=-· _B--=~-' \-=~ '.:!='=)=-_N_~-=-.--'-''-\_· l l)c,,"'-
Mailing Address 1] b \ \tJ · C~-t M "l I I Suite/Unit ';::,-======:=:~I
City I \\\ {N ~Q" ~-~ttc: .. vb I State ~I (_;-;::' =R====--1 ~Zip~' =<\==l.~G=.·3~1
Phone ,__ _______ ~ Fax ,__ _____ __.I Email '---------------~
5 C tic N /1.. 1 Q \ \ · ti61" c .. ::· rr Ac C \) { s 1-\-' C'/"\ {j~ \' \~ C\ "1 't~hv e..(\\J~
. ontac ompany ame =========:::=:~===~===' ::!:::==· =='=,--'-'~ .). ~---<;::======i'
Mailing Address / 1. l 6 \ vJ · t_i OC. &~· ~ \..~) I Suite/Unit ';:::,-=--=-=======:;
City/ N e.,-~~e,.[\--'6~~>--~½ I State I Gf\ J Zip i<\l C.,G~
Phone ,__ _______ __, Fax ,__ _____ _,J Email '--------------~
6. Owner Name Ill b \ 1_ 1. ~Q\ PC\--\ 1 LLC I
Mailing Address I ~ C) ~ C ~ L\ C\ 1 C::> I Suite/Unit I
City I ~°'~\t..SQf'1 State I w~ I Zip I ~~ -0 I
Phone / C\ ~\~ · °'\, 5 · r\t_(, ~c I Fax I Email I th .. \I \f 'i')@ '{ <J ~ ~.l~ e~ W \J &1 '~ ;)d
7. Property Owner's Affidavit*: (I) (We)~' -~~(_0_~ ..._..e)_~~~~:~\c.._··,~A_') ___________ ~
depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) 0/IJe) further
certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information ·
herewith submitted are in an aspects true and correct to the best of (my) (our) knowledge and belief.
Signature(s): ~ ~-Title:/ .,JJ(;°"~{Jv I Date: I"" ~ /7-l
DD/MO/YEAR
Signature(s): --------,---------Title:~----------' Date:~----~
*May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the
application. Please note, the owner(s)' signature for Parcelffract Map and Lot Line Adjustment Application must be notarized.
714-673-9005 surfcitydoors@gmail.com
(Craig Atkins)
I:\Users\CDD\Shared\Admin\Planning_Division\Current_Templates\Office Use Only Form Updated 01/27/2020
2700-5000 Acct.
Deposit Acct. No. ________________________
For Deposit Account:
Fee Pd: _______________________________________
Receipt No: ____________________________
FOR OFFICE USE ONLY
Date Filed: _______________________
APN No: __________________________
Council District No.: _________________
General Plan Designation: ____________
Zoning District: _____________________
Coastal Zone: Yes No Check #: __________
Visa MC Amex # ____________
CDM Residents Association and Chamber
Community Association(s): _______________________ Development No: __________________________
_____________________________________________ Project No: ________________________________
_____________________________________________ Activity No: _______________________________
Related Permits: ___________________________
Remarks:
________________________________________________________________________________________
PA2021-064
'\-A Veneklasen Associates . v~ Consultants in Acoustics I Noise I Vibration I AV I IT
June 18, 2020 revised August 20, 2020
SMS Architects
18004 Sky Park Circle, Suite 200
Irvine, CA 92614
Attention: Brandon Dedmon I Principal
Billy's at the Beach
Newport Beach, CA
Subject:
Acoustical Measurement Report revision 1
VA Project No. 5215-009
Dear Brandon:
Veneklasen Associates, Inc. (VA) has completed our review of the Billy's at the Beach restaurant located in Newport
Beach, California. This report summarizes the acoustical measurements performed at the restaurant and across the
harbor to study potential future compliance with the Newport Beach Municipal Code following the upcoming
restaurant fa~ade modification. This report represents the results of our findings.
1.0 INTRODUCTION
This study was conducted to determine the impact of the Billy's at the Beach restaurant on nearby properties
following a modification of the exterior fa~ade, namely converting fixed glazing into operable glass walls. VA's
scope of work included performing acoustical measurements at the exterior of the restaurant and at a nearby
residence to establish the existing ambient noise levels at each location. Using this information, VA could
determine whether restaurant noise due to the new, open able windows would be in violation of the City of
Newport Beach Municipal Code.
VA understands through correspondence with the client that the south-facing fa~ade currently composed of
fixed glazing will be replaced with operable, sliding glass walls that will expose interior restaurant noise to the
harbor and surrounding area south of the restaurant. VA also understands that live music is planned to occur
with all windows and doors closed before 5pm, and that light acoustical guitar will play after 5pm, possibly
with windows open. No live music will take place on any outdoor patio areas.
2.0 NOISE CRITERIA
Leq (equivalent continuous sound level) is defined as the steady sound pressure level which, over a given
period of time, has the same total energy as the actual fluctuating noise. This is roughly the average sound
pressure level over a given time period.
2.1 City of Newport Beach Municipal Code
Chapter 10.26.025 of the Newport Beach Municipal Code sets forth allowable exterior and interior sound
levels at nearby properties due to sound generated by an outside person or property. Table 1 below
summarizes the allowable levels at residential and commercial properties, which are the land uses relevant to
this study.
Table 1-Allowable Exterior Noise Levels, dBA Leq
Land Use 7am-10pm 10pm-7am
Residential Interior 45 40
Exterior 55 so
Interior --Commercial Exterior 65 60
1711 Sixteenth Street • Santa Monica California 90404 • tel: 310.450.1733 • fax: 310.396.3424 • www.veneklasen.com
PA2021-064
½ Veneklasen Associates
Billy's at the Beach; Newport Beach, CA
Acoustical Measurement Report; VA Project No. 5215-009
June 18, 2020 revised August 20, 2020-Page 2
Additionally, Chapter 10.28.010 of the Newport Beach Municipal Code sets forth policy regarding "loud and
unreasonable" noise. In part, it states that it is unlawful for any person or property owner to make or allow to
be made any noise that is unreasonable or disturbing to any person of reasonable sensitivity. This includes
noise from music or raised voices.
Based on the language of Chapter 10.28.010, the conservative interpretation of these portions of Code is that
any noise that is audible could potentially be objectionable, especially when it pertains to restaurant noise
being audible at a nearby residence. Therefore, with the new operable windows open at the restaurant, noise
should not be audible at nearby residences to avoid any potential complaint or violation. A sound is
considered "audible" if it is within 10 dBA of the ambient/background sound levels. For example, if the
ambient sound level at the exterior of a residence is 40 dBA, then a sound will be audible if it has a level of 30
dBA. A 10-dBA difference will be referred to as the threshold of audibility for the purposes of this study. It is
possible that Chapter 10.26.025 will be the prevailing Code, but inaudibility should be targeted if feasible.
VA does not believe that maintaining inaudibility is critical for other nearby restaurants or retail stores since
a) these are not areas where people sleep, b) restaurants and retail stores tend to generate their own noise
that will "mask" most or all of the noise from Billy's, and c) there is typically not an expectation at retail stores
and restaurants that activity from other nearby restaurants or stores needs to be inaudible. Because of these
considerations, VA will apply Chapter 10.26.025 of the code to commercial portions of this study. This can be
revisited if noise from Billy's to surrounding restaurants and retail is a specific concern.
3.0 ACOUSTICAL MEASUREMENTS
VA visited Billy's on June 2, 2020 to make acoustical measurements at the restaurant and at a nearby
residence at 3388 Via Lido directly across the harbor. Measurements were conducted to establish the existing
ambient noise levels around the restaurant and in a nearby neighborhood, since the ambient levels will drive
the threshold of audibility. Measurements were conducted for 24 hours using NTi XL2 type 1 sound level
meters to establish sound levels at all times of day, including late at night when the restaurant's bar is
typically active and ambient sound levels in the area are the lowest due to decreased vehicle traffic. Billy's
was not operational while measurements were being conducted; the restaurant was closed due to Covid-19.
Figure 1 below shows the locations of the sound measurements. At the restaurant, a sound level meter was
set up in the window of a vacant retail space above Billy's. At the 3388 Via Lido residence, a sound level
meter was set up on an exterior balcony on the side of the building facing Billy's.
www.veneklasen.com
PA2021-064
Veneklasen Associates Billy's at the Beach; Newport Beach, CA
Acoustical Measurement Report; VA Project No. 5215-009
June 18, 2020 revised August 20, 2020-Page 3
The ambient sound levels at Billy's and at 3388 Via Lido are controlled by vehicle traffic. At Billy's, the
predominant noise source is traffic on Pacific Coast Highway to the north of the restaurant, with additional
contribution from traffic on Newport Boulevard to the west. At the residence, the traffic is predominantly on
Newport Boulevard to the northwest, with minor contribution from Via Lido to the southwest of the
residence and Pacific Coast Highway across the harbor to the north.
Table 2 summarizes the measured ambient sound levels at both locations. Measurements were conducted
for 24 hours at each location, but only the lowest ambient sound levels between 11am and 10pm and
between 10pm and 2am are shown, since these correspond with Billy's operating hours and the different
allowable sound level time periods from the Municipal Code.
Table 2 -Summary of Measured Ambient Noise Levels, dBA Leq
Location 11am-10pm 10pm-2am
Billy's 49 43
3388 Via Lido 50 47
Based on the measurements, to satisfy the most conservative interpretation of the Municipal Code, sound
levels due to activity at Billy's should be no higher than 40 dBA at the exterior of the residence before 10pm,
and no higher than 37 dBA after 10pm to maintain inaudibility.
Although sound level measurements were performed at the 3388 Via Lido location indicated above and not
at other nearby residences on Lido Isle, VA does not believe that sound levels will be noticeably higher at the
nearest residence on Lido Isle than at 3388 Via Lido. Based on distance from the restaurant, sound levels
from Billy's will be less than 1 dBA higher at the nearest point on Lido Isle than they will be at 3388 Via Lido.
Additionally, while the nearest location on Lido Isle is further from Newport Boulevard, it is also closer to
Pacific Coast Highway across the harbor than 3388 Via Lido, so the ambient levels are likely to be similar. As
will be discussed later in this report, any meaningful difference in ambient sound levels between the two sites
will likely be a wash because of how loud the sound at Billy's will have to be in order to be audible at either
location.
4.0 ANALYSIS AND RECOMMENDATIONS
Based on Google Earth measurements, the 3388 Via Lido residence is about 1,100 feet away from Billy's
across the harbor. Because there is no possibility of building any barrier or sound wall in the middle of the
harbor between the restaurant and the residence, the only method of sound control will be maintaining
maximum-allowable sound levels at Billy's.
To determine the amount of sound reduction due to distance loss that can be expected, a reference distance
from the restaurant must be used. It would be overly complicated for this study to try to model how sound
from within the restaurant will propagate out the window and into the harbor since this would require
factoring in too many unknowns and variables such as crowd size, speaker levels, speaker placements, etc. It
is more practical to analyze the reduction in sound level between two known distances from the same sound
source, in this case some distance outside of the restaurant and 3388 Via Lido across the harbor. For this
study, a reference distance of 10 feet from the southern edge of the restaurant is convenient since it roughly
aligns with the edge of the walkway between Billy's and the harbor.
A 1,100-foot separation between 3388 Via Lido and the reference distance from the restaurant will result in a
sound reduction of about 41 dBA. (This is the same amount of reduction between Billy's and the nearest
residence on Lido Isle.) This means that the sound levels due to the restaurant can be up to 78 dBA at the
southern edge of the walkway and be inaudible at 3388 Via Lido, since a 41-dBA reduction from 78 dBA is 37
dBA, which is 10 dBA below the nighttime ambient sound level at the exterior of the residence. Sound levels
during the day can be 3 dBA higher -81 dBA-because the daytime ambient sound level is 3 dBA higher than
at night. This would satisfy Chapter 10.28.010 of the Municipal Code, which is the most conservative target.
www.veneklasen.com
PA2021-064
~ Veneklasen Associates Billy's at the Beach; Newport Beach, CA
Acoustical Measurement Report; VA Project No. 5215-009
June 18, 2020 revised August 20, 2020-Page 4
Similarly, to achieve the published, quantitative maximum-allowable sound levels from Chapter 10.26.025,
sound levels outside of Billy's could be 91 dBA and achieve a sound level of 50 dBA at the 3388 Via Lido
exterior at night or 96 dBA during the day to achieve 55 dBA. This would be the same at the nearest residence
on Lido Isle since there is less than 1 dBA difference that can be expected between the two residences.
A sound level of 78 dBA outside a restaurant is relatively loud; VA does not expect that this can reasonably be
expected 10 feet outside of Billy's unless certain events are happening at the restaurant, let alone 91 dBA. If
live bands or DJ's are performing in the restaurant with the southern windows open, then it is possible that
the sound levels could reach or exceed 80 dBA at the southern walkway and therefore potentially be audible
at the residence across the harbor. However, this can largely be controlled programmatically by limiting the
types of noise that can be produced at the restaurant. It may be possible to have bands and/or DJ's at the
restaurant with the windows open, but further analysis would be necessary to determine how practical this
would be. This would require coordinating several factors such as band/DJ location, speaker location,
anticipated crowd size, etc.
If the nearest house on Lido Isle is considered instead of 3388 Via Lido, then the ambient level at this location
needs to be accounted for to determine an allowable sound level at the restaurant. As discussed above, VA
does not believe there is a significant difference in ambient sound level between 3388 Via Lido and the
nearest house on Lido Isle, but if there is one, it can conservatively be assumed to be 5 dBA or lower at the
nearest house on Lido Isle than at 3388 Via Lido. If this is the case, then the allowable sound levels at the
reference distance from the restaurant will be 73 dBA at night or 76 dBA during the day. These are still
relatively high sound levels for a restaurant with no live music; VA does not believe that these levels will be
present 10 feet from the southern edge of the restaurant.
To satisfy the commercial land use target of Chapter 10.26.025, sound levels 10 feet outside of Billy's would
need to be no higher than 71 dBA at night or 76 dBA during the dayThis is based on an approximate distance
of 37 feet between the nearest adjacent property line and the reference distance outside of Billy's. As noted
above, this sound level may be moot if an adjacent restaurant is generating its own noise and therefore
rendering noise from activity at Billy's inaudible or negligible. VA also does not believe that these sound levels
will be generated by Billy's unless live music is being performed outdoors, which VA understands will not be
the case.
As a precaution, VA strongly recommends that if any loudspeakers are installed near the new operable
windows, they should face north toward the inside of the restaurant and not south toward the harbor. This
will greatly reduce the likelihood of audible sound transmission across the harbor from speakers.
Additionally, if any new speakers are installed outside the restaurant, they should be facing downward as
much as possible so that the sound is aimed into the ground and not south and horizontal towards
residences.
5.0 SUMMARY
Following VA's acoustical measurements and analysis, the following has been determined:
• To satisfy the strictest interpretation of the City of Newport Beach Municipal Code (Chapter
10.28.010, using nighttime sound levels), sound levels to the south of Billy's restaurant should be no
higher than 78 dBA. This will achieve inaudibility at 3388 Via Lido, a nearby residence. This is
assuming the sound outside Billy's is measured at the southern edge of the harbor walkway outside
the restaurant.
o This allowable sound level can be slightly higher -about 3 dBA-during the day due to
slightly higher daytime ambient sound levels.
o If a closer residence at the northwest tip of Lido Isle is considered, then the sound levels
outside Billy's should be no higher than 73 dBA at night or 76 dBA during the day.
• To satisfy the quantitative requirements of the Municipal Code (Chapter 10.26.025), sound levels at
the same location outside of the restaurant should be no higher than 96 dBA during the day or 91
dBA at night.
www.veneklasen.com
PA2021-064
Veneklasen Associates
Billy's at the Beach; Newport Beach, CA
Acoustical Measurement Report; VA Project No. 5215-009
June 18, 2020 revised August 20, 2020-Page 5
• To satisfy maximum-allowable exterior sound levels at the property lines of adjacent commercial
buildings, sound levels at the same location outside of the restaurant should be no higher than 76
dBA during the day or 71 dBA at night. This may be moot if adjacent restaurants are also operating
at the same time as Billy's or if adjacent businesses are closed.
• VA believes that these are reasonable sound levels that can be maintained during normal operation
at Billy's. Further mitigation may be required if live bands or DJ's perform outdoors at the
restaurant.
Please do not hesitate to contact the undersigned with any questions or comments.
Sincerely,
Veneklasen Associates, Inc.
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Matt Rashoff (/c:::.r
Associate
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www.veneklasen.com