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HomeMy WebLinkAboutCHARLIE BROWN'S RESTAURANT■M)✓y 1ANAGEMENT SERVICE COMPANY February 28, 1989 Mr. Donald Strauss Office of Mayor Mr. Robert Wynn Office of City Manager Ms. Jean Watt cr' Councilperson RE�FI �Fo o ant MgRQsr �r�t Mr. Gary Pomeroy 989 Planning Commission Chairman N �rry �RTQ City of Newport Beach 3300 Newport Blvd. .4 Newport Beach, CA 92663 RE: LINDA ISLE COMMUNITY ASSOCIATION RE.CTa 1170, MAR 61989!- city Manager , ' City of Newport Beach , CONTINUING PROTEST ON THE ADDITIONAL DEVELOPMENT OF THE RESTAURANT AND PARKING AREA AT THE SOUTHWEST CORNER OF PACIFIC COAST HIGHWAY AND BAYSIDE DRIVE, FROM THE LINDA ISLE ENTRANCE TO THE PACIFIC COAST HIGHWAY BRIDGE The Board of Directors for the Linda Isle Community Association, consisting of 107 single family residential lots on the bay in Newport Beach, has requested this office communicate with the City of Newport Beach, and indicate the Associations opposition to increased usage of the already overused restaurant area on the southwest corner of Pacific Coast Highway and Bayside Drive, from the Linda Isle entrance to the Pacific Coast Highway Bridge. Please register and formally include the Association's opposition in the permanent records of the City of Newport Beach, relevent to the restaurant areas expansion currently in progress, and to any and all future changes which add to or increase the traffic, noise and pollution experienced by the residents of the Association. 1st in Service to Connnunity Associations Since 1966 17601 Seventeenth Street, Suite 218 • Tustin, California 92680 • Telephone: (714) 832-2525 • (800) 672-7800 South Orange County (714) 248-2822 • FAX: (714) 730-3727 • San Diego County (619)471-2611 LINDA ISLE COMMUNITY ASSOCIATION February 28, 1989 Page Two The opposition is predicated on the following factors and conditions: 1) The restaurant property is located immediately adjacent to Linda Isle, in some places as close as 100 feet, and noise from the vehicles (engines and horns), service trucks, partiers shouting at one another, boaters coming and going from their slips and partying while tied up at their slips, all negatively impacts the Linda Isle Community. 2) In addition to the disruptive noise, trash thrown on the ground blows into the bay and onto Linda Isle property. The odor from the restaurant trash bins is very offensive, and quite prominent when the wind direction is toward the Island. 3) The implications of the various uses of this property directly impact the Linda Isle Community as close neighbors, and our rights to the quiet enjoyment and use of our homes, as well as the environment and ecology of the harbor. Additionally, the Association is very concerned about current as well as any future changes on this site, which constitute a chipping away of controls and little by little, accomplishing an incrementially significant increase in the use of the property, which if viewed in total would not be approved. This situation amounts to creeping expansion, the inches adding up to many square feet and yards, with more traffic, crowds, noise, dirt, and pollution for the residents on Linda Isle to contend with and endure on a daily basis. The Board is constrained to point out, that this commercial property is used almost exclusively by non-residents of Newport Beach or this neighborhood. The users are people who come to dine at the restaurants (often busloads at a time), or to use their boats at the marina. The increased parking and expansion of use only benefits nonresidents and absentee business owners, and the increased parking should not be used to permit an increase in the offensive use of the property, to the detriment of adjacent residents at Linda Isle. Contrary to a recent assertion of a Planning Commission Staff Member, the records on file at the City of Newport Beach Planning Commission office, do reflect the continuing objections of members of the Linda Isle Community by those residents who have filed written protests and testified in the past, regarding the problems at the Baxter's Restaurant and landscaping conditions in the parking areas. Examples are attached and incorporated by reference. Additionally, this formal objection from the Board of Directors of the Linda Isle Community Association expands the objections to include the entire property of the Association. LINDA ISLE COMMUNITY ASSOCIATION February 28, 1989 Page Three The Board of Directors for the Linda Isle Community Association hereby requests your assistance in a continuing review of this matter, to determine if there are any measures which can be implemented by the City of Newport Beach, to ensure that the members of the Association have the right to the enjoyment of the use of the residences in an aesthetically comfortable environment. If you desire any further information concerning this matter or if I may be of assistance, please do not hesitate to contact this office. The Board of Directors expresses its appreciation for your willingness and assistance in resolving this matter for all the members of the Association. Sincerely, LINDA ISLE COMMUNITY ASSOCIATION by direction of the Board of Directors William E. Korb, Administrator MANAGEMENT SERVICE COMPANY, on behalf of President First Vice President Second Vice President Third Vice President Fourth Vice President Secretary Treasurer Marvin Elliott Charles Kuhn Ray Lipper Bill Barry Forest Olson Martin Elliott Richard Holmgren Please refer to attached lists and enclosures WEK: ddc 27 Linda Isle Drive 96 Linda Isle Drive 10 Linda Isle Drive 25 Linda Isle Drive 24 Linda Isle Drive 14 Linda Isle Drive 50 Linda Isle Drive 0 LINDA ISLE COMMUNITY ASSOCIATION February 280 1989 Page Four SUMMARY OF OBJECTIONS SOME ACTIVITIES TO WHICH LINDA ISLE RESIDENTS HAVE OBJECTED IN THE PAST: Reuben E. Lee Restaurant Boat: Noise Electronic sound amplification Calling patrons to their tables by outdoor loudspeaker system Loud ringing of the ships bell at all hours Loud noise caused by maintenance work at all hours Using the upper third deck outdoor area for entertaining, with loud sound amplification at all hours, as well as serving food and beverages outdoors Trash collection at 6:45 AM every day Landscaping planting unattractive Baxter's Restaurant: Noise, noise and more noise Music and electronic sound amplification indoors with windows and doors open Noise from the parking lot SOME OBJECTIONS TO WHICH LINDA ISLE RESIDENTS HEREBY OBJECT PRE-EMPTORILY: Any increased use of the space by adding to the: 1) Parking areas, on the ground, under the ground and above the ground 2) Buildings, expanding existing structures by going up, down or out, and opposition to any increase in seating capacity in existing structures. 3) Opposition to the addition of any buildings on the grounds that the area is already much too overcrowded. 4) Opposition is to even the smallest increase in use, on the grounds that many small increases equal big increases. 5) While it is true that landscaping is very important, it cannot mask gross overcrowding and overuse of property, hidden behind trees and flowers. February 27, 1992 Mr. Rick Haskell Charley Brown's Restaurant 151 East Coast Highway Newport Beach,, CA 92660 RE: LINDA ISLE COMMUNITY ASSOCIATION EXPRESSION OF APPRECIATION Dear Mr. Haskell: As you are aware, there has been considerable concern expressed in the past over the music from the restaurant boat, as well as the intrusiveness of lights in.the adjoining parking lot. The Association's Board of"Directors has been apprised of continuing developments over the last six months by one of the Association members, Mrs. Jean Liechty. The Board of Directors was recently advised that the cited problems with the music and noise as well as the bright glare of the lights has been effectively resolved. The Board has taken an opportunity to conduct an onsite review of the boat and parking lot and notes with great pleasure the resolution of both matters. On behalf of all members of the Linda Isle Community Association, please accept our sincere expression of appreciation for your response to our concerns and the very cooperative efforts in resolving the issues, which of course have a direct bearing on the peaceful and quiet enjoyment of our members on,Linda Isle. Please count on the Association to participate with all of our neighbors, in future efforts to maintain this community as a very exclusive and most comfortable place to live. 1st in Service to Community Associations Since 1966 2112 E. Fourth Street, Suite 200 • Santa Ana, California 92705-3816 . Telephone: (714) 647-9500 • (800) 672-7800 South Orange County (714) 248-2822 • FAX: (714) 647-9393 • San Diego County (619) 471-2611 Age LINDA ISLE COMMUNITY ASSOCIATION Haskell - February 27, 1992 Page Two Your positive efforts are to be commended - thank you again. Sincerely, LINDA ISLE COMMUNITY ASSOCIATION by direction of the Board of Directors William E. Korb, Administrator MANAGEMENT SERVICE COMPANY WEK: ddc cc: Board of Directors Mrs. Jean Liechty 93 Linda Isle Drive Newport Beach, CA 92660 Thomas F. Reed, Esq. Kindel & Anderson 29th Floor 555 South Flower Street Los Angeles, CA 90071-2489 Mrs. M. Reed 89 Linda Isle Drive Newport Beach, CA 92660 All relevant agencies: City of Newport Beach I WF,y�AGEMENT SERVICE COMPANY February 27, 1992 Mr. Ed Power California Recreation Company 1137 Bayside Drive Corona Del Mar, CA 92625 RE: LINDA ISLE COMMUNITY ASSOCIATION EXPRESSION OF APPRECIATION Dear Mr. Power: r'LANNING DEPARTMENT rITY OF NEWPORT BEACH MAR 21992 AM 718A D 12111213141516 19 A As you are aware, there has been considerable concern expressed in the past over the music from the restaurant boat, as well as the intrusiveness of lights in the adjoining parking lot. The Association's Board of Directors has been apprised of continuing developments over the last six months by one of the Association members, Mrs. Jean Liechty. The Board of Directors was recently advised that the cited problems with the music and noise as well as the bright glare of the lights has been effectively resolved. The Board has taken an opportunity to conduct an onsite review of the boat and parking lot and notes with great pleasure the resolution of both matters. On behalf of all members of the Linda Isle Community Association, please accept our sincere expression of appreciation for your response to our concerns and the very cooperative efforts in resolving the issues, which of course have a direct bearing on the peaceful and quiet enjoyment of our members on Linda Isle. Please count on the Association to participate with all of our neighbors, in future efforts to maintain this community as a very exclusive and most comfortable place to live. 1st in Service to Community Associations Since 1966 2112 E. Fourth Street, Suite 200 s Santa Ana, California 92705-3816 • Telephone: (714) 647-9500 • (800) 672-7800 South Orange County (714)248.2822 • FAX: (714)647.9393 • San Diego County (619)471-2611 A LINDA ISLE COMMUNITY ASSOCIATION Power - February 27, 1992 Page Two Your positive efforts are to be commended - thank you again. Sincerely, LINDA ISLE COMMUNITY ASSOCIATION by direction of the Board of Directors William E. Korb, Administrator MANAGEMENT SERVICE COMPANY WEK: ddc cc: Board of Directors Mrs. Jean Liechty 93 Linda Isle Drive Newport Beach, CA 92660 Thomas F. Reed, Esq. Kindel & Anderson 29th Floor 555 South Flower Street Los Angeles, CA 90071-2489 Mrs. M. Reed 89 Linda Isle Drive Newport Beach, CA 92660 All relevant agencies: City of Newport Beach JEAN S. T-AECEITY Ftt(t� PLANNING DEPARDEPARTMENT 93 LINDA ISLE -^,ITY OF NEWPORT BEACH NEWPORT BEACH, CA=ORNIA 92000 AM FEB 6 1992 PM,71W 0761134 7i A10002i1i2iM 5i6 k February 4, 1992 Mr. Ed Power California Recreation Company 1137 Bayside Drive Corona del Mar, California 92625 RE: PARKING LOT LIGHTS: CHARLEY BROWN'S RESTAURANT and BALBOA MARINA PARKING LOT Dear Mr. Power: Thanks to you, all of us who live along the northwest side of Linda Isle are enjoying the beautiful new lights which you installed in response to our requests. The new lights do not glare into our homes until 2 or 3 every morning! Now there is a lovely, soft glow that is so pleasing. to look at from our point of view, and looks altogether more attractive to the passerby on Coast Highway. Your kind courtesy and co-operation are ss very much appreciated by all of us! Thank you, thank you, thank you! Yours very sincerely, Copies to all relavant Cith of Newport Beach agencies. TO: Mr. George Thagard., Jr., Pres. and Board of Directors JEAN S.LIECHTY Linda Isle Community Association 93 LINDA ISLE (714) 675.1134 NEWPORT BEACH, CA. 92660 FROM: Jean Liechty, 193 February 4, 19A2 RE: PARKING LOT LIGHTS: BALB.OA MARINA/CHARLEY BROWN'S As you axe•aware, there has been a long history of correspondence, complaints, meetings and promises regarding the above -captioned offensive very bright lights, that shined directly into the homes on the•noxthwest side of Linda Isle. Following the correspondence from me in November,'199i, together with a petition signed by the owners of 15 homes, I received a call from Mr. Ed Power of California Recreation, the entity that 6perates the marina. Mr. Power asked me to be at home on a certain evening in December, so he and a crew could try out a different type of lighting and fixture for our approval. I asked other homeowners to join in their homes for their observatibns. We were all very pleased with•the new suggested fixtures, and Mr. Power said all the lights would be changed in•January. True to his word, all the lights were changed. The 25' poles wexe replaced with 15' poles. The fixtures which had shown brightly outward into our homes were replaced by a "shoe box" fixture, which directs the light downward and only slightly outward. The bxigh.t glaring bulbs were replaced by softer, yellow lights, of the same type that is used on the bridge nearby. The resulting effect is wonderful, and we are all most appreciative'to Mr. Power and California -Recreation for their courtesy and co-operation. The entire area is so much more pleasing to look at, too, in.addition•to being easier to live next to. It is now quite attractive, and makes a very inviting addition to Newport Beach scenery. E OMMENDED ACTION: A LETTER OF APPRECIATION FROM THE COMMUNITY _----_---- MR. POWER AND CALIFORNIA RECREATION FOR THEIR COURTESY AND CO-OPERATION. Mr. Ed. Power California Recreation Company 1137'Bayside Drive Corona del Max, CA. 92625 cc: All relevant City of Newport Beach agencies. JEAN S. LIECHTY 93 LiNDA ISLE NEWPORT BEACH, CA=ORNIA 92060 (714) 076.1134 November 26, 1991 Donna Menzel, Director Retail Properties Sunwest Asset Management Corporation Post Office Box 19600 Irvine, California 92713 RE: LIGHTS: BALBOA MARINA PARKING LOT: CHARLEY BROWN'S RESTAURANT Dear Ms. Menzel: The residents of Linda Isle, and the Board of Directors who have signed the enclosed petition, hereby go on record as being opposed to the•brilliant lights which continue to shine into our homes and bedrooms at night from your parking lot. -r It has bee over a year since you came to our home and said you recognized that this problem exists., and that you would remedy it. It still exists, and we are still asking you to make the necessary changes as soon as possible. Your courtesy and cooperation will be most sincerely appreciated. Yours very truly, �r<t,4i co: The Irvine Company NBPD NB City Attorney NB. CIty Planning yR4elyn Hart Jean Watt Linda Isle Board of Directors tLlLH w _ Management Service Co. PLANNING DEPARTMENT CITY OF NEIVORT 13EACH DEC 12 1991 AMP'r.9 718 1911011111211121314151P n 0 n co M Ifs W W ko C n ' From: Residents of Linda Isle September 18, 1991 To: Donna Menzel, Director Jean Liechty, 93 Linda Isle Resident (,714) 675-1134 u � Ln Retail Properties Sunwest Asset Management Corporation Newport Beach, CA. 92660 uND Post Office Box 19600 ro roO1 Irvine, California 92713 -P4J0 Re: LIGHTS: BALBOA MARINA PARKING LOT: -CHARLEY BROWN'S RESTAURANT kk. ° 04 M We, the undersigned residents of Linda Isle, living in our homes Qo Mro "O directly across from the above -captioned property, are still being z z w ro inconvenienced, annoyed and bothered by the intrusive glare from the ...NJ Balboa Marina Parking Lot Lights into our homes each night. O >r000 We appreciate that you have stated you replaced the light bulbs T •'I :o k H � with reduced size non -glare Metal Halide Lamps last Spring. However, b Aaam we believe the glare,reduction has been minimal, and that the lights 0 ro•uz 0 do not need to be as bright as they are to accomplish your purposes. WOkk..(U v m ocoa)The lights glare into our homes and bedrooms each and every night, 01A M creating an unacceptable nuisance and intrusive annoyance. ro �� w z P As a lighting expert, we ask you to find a solution that will U ro o m psolve your problem and not create one for us. Thank you. 0 om�0) 0 mrt,czSigned: Nco0mb H +� qPq °o 3 W 0 +J a z groin k ZM H ro 344V aaiz °. .,u. .' a o U w*u,.o .a°uk U 0 r W � U UPQOQ U +J 4 ro a pg0pg�4ri wo H N}>41 H H z U'4 0 a) •� P' 3 1r ta • . al H•��kz o x y C7 ° rd P M @M x .� a PM a) UAL N 4J tMro D mma,,w House Number i• i 0 t$ m M in %6 W W rnac'An From: Residents of Linda Isle September 18, 1991 m Jean Liechty, Resident To: Donna Menzel, Director 93 Linda Isle (714) 675-1134 UCRetail Properties Newport Beach, CA. 92660 Ln Sunwest Asset Management Corporation .c.cN Post Office Box 19600 0O1 Irvine, California 92713 0 O . Re: LIGHTS: BALBOA MARINA PARKING LOT: CHARLEY BROWN'S RESTAURANT 4J4JU saN ' 0 00 We, the undersigned residents of Linda Isle, living in our homes M �ro � directly across from the above -captioned property, are still being z z; N inconvenienced, annoyed and bothered by the intrusive glare from the O1Balboa Marina Parking Lot Lights into our homes each night. o p ro o We appreciate that you have stated you replaced the light bulbs U rn •q P m u � � with reduced size non -glare Metal Halide Lamps last Spring. However, � aogv [ we believe the glare. reduction has been minimal, and that the lights o 4 z o do not need to be as bright as they are to accomplish your purposes. W P H.,ro cv ro oo vThe lights glare into our homes and bedrooms each and every night, (AA °creating an unacceptable nuisance and intrusive annoyance. 4 MZ P As a lighting expert, we ask you to find a solution that will rook o ,solve your problem and not create one for us. Thank you. . om . I�i12EUol25 C/Do% u ro� gzSig}� d: «.Mr /V I rrsDa ljrioN House Number roN w� a) e. L� _j ,Pi r,'0mro oco � 4J �'' / J- /o v s , C Q04J�01 �Q w z �¢OzM 1 �, Isrv-,41 7* H ro 3 y.l-'V 0410) o A z i or] i o 0 w o H " u 8� oA) ycry woo V p 4 4J U r4 N M OM !iq [ U J4Jb, fd 4 O H 0 M PSG H z U,� 0+ w., as H AroN2 ro dU No Sa �4rOM W w 4 4J 0 . wq)� a)4�A N 4J 0O D- W En W C� W SUNWEST ASSET MANAGEMENT CORPORATION February 15, 1991 Mr. Douglas C. Liechty Attorney at Law 500 Newport Center Drive, Suite 920 Newport Financial Building Newport Beach, California 92660 RE: BALBOA MARINA REUBENS/REL'BEN E. LEE PARKING LOT LIGHTS Dear Mr. Liechty: Thank you for inviting Bob Cart, of Irvine Retail Properties Company, and me to your home at Christmas. As a follow-up to our meeting and in an effort to reduce the parking lot light glare, we are replacing the existing bulbs with reduced size non -glare Metal Halide Lamps.. The replacement should be complete by the end of March. I will give you a call at that time to review the results with you. Thank you again for your hospitality and patience. Hopefully, this will resolve the glare inconvenience. Please call me if I can be of any help. Sincerely, Director Retail Properties DM:smh cc: B. Cart/IRPC S. Brahs/IHC D. Landrum/California Recreation Company J. Manoogian/Preferred Property Maintenance 2201 Dupont Drive, Suite 720 P.O. Box 19600 Irvine, California 92713 714/250-3090 JEAN S. LIECHTY 93 LINDA ISLE NEWPORT BEACH. CALWORNIA 92660 (714) 675.1134 November 26, 1991 John Whitaker Charley Brown's Restaurant (Boat) 17461 Derian Avenue, Suite 200 Irvine, California 92714 RE. NOISE FROM THE CHARLEY BROWN'S RESTAURANT BOAT MUSIC IN VIOLATION OF RESTRICTIONS; LIVE MUSIC OUTDOOR AMPLIFICATION Dear Mr. Whitaker; The residents of Linda Isle, and the Board of Directors who have signed the enclosed petitions, hereby go' -on record as being opposed to the music which emanates from the Charley Brown's Restaurant boat. We find it to be very annoying and a nuisance. We hear it whene3rer it is playing, and it'prevents us from enjoying the peace and tranquility of our homes. We hope you will find a way to contain the music as soon as possible, especially with.the holidays approaching and all the parties which I am sure you have booked, Your courtesy will be most sincerely appreciated. Yours very truly, O�. cc; The Irvine Company NBPD NB. City Attorney NB City Planning WoE'Celyn Hart Jean Watt Linda Isle Board of Directors Management Service Co. Lt Gi,L' I V Lv Y'LANNING DEPARTMENT' CITY OF NEVJPORT BEACH AM DEC 191 1991 FE9 71SA1011111212121314151f A From: Residents of Linda Isle Sept 18, 1991 To: John Whitaker Jean Liech.ty, Resident Charley Brown's, Restaurant (Boat). 93 Linda Isle; (7141 675-1134 17461 Derian Avenue, Suite 200. Newport Beach, CA. 92660 Irvine,f California 9.2714 Re: NOISE FROM THE CHARLEY B$OWN'S RESTAURANT BOAT MUSIC IN VIOLATION OF RESTRICTIONS: OPEN DOORS, LIVE MUSIC o We, the undersigned residents'o£ Linda Isle,living in our homes o directly across from the above -captioned property, hereby go on record �` rn as objecting to the live music/open door operations at the restaurant. ini i Any use of the space outside the boat structure for entertainment W Coco Na Ln Ln is opposed and is a violation of the City Use Permit. Noise, music m rn with or without amplification, must be indoors, with the doors and windows closed. No amplified sound shall be allowed to emanate from the interior of the vessel. No music or entertainment shall be outside the vessel, on the passenger ramps, or in the parking lot. �j'6m Live music has been heard during the day and evening hours, from ID Nthe open door and from musicians (,Dixieland Band) on the passenger ramp. c%lt must be noted that sound carries very clearly over water, and some of ur homes are only 50' away from your vessel/.restaurant. No music or ound shall'be audible under City Code, at a point 50 feet from the I •z';hull of the vessel. The music and sound have been carrying much farther co han the allowed limit. The violationshave been occurring on an almost N A W W.Fily basis since your firm acquired the property. r4H -Please be sure your doors and windows are closed, and that your usicians are inside the boat. Please comply with all the rules. a4d zSigTe House Number ION MrCLAZIAN o^o' H 4J -0 _5_zn4 J h] ppN aV80 517 /IJAPiA2f-Tf�PEF� 49 tg '— -�..✓ Z-cam..►✓ �o GceGGE • b .N rom za 11S a .. cn_r$ d 7 E 1 ,,/ -t From: Residents of Linda Isle Sept 18, 1991 To: John Whitaker Jean Liechty, Resident Charley Brown's Restaurant (Boat). 93 Linda Isle; (3..14)_ 675-1134 17461 Derian Avenue, Suite 200 Newport Beach, CA. 92660 Irvine,- California 9.2714 Re: NOISE FROM THE CHARLEY B.ROWN'S RESTAURANT BOAT MUSIC IN VIOLATION OF RESTRICTIONS: OPEN DOORS, LIVE MUSIC CDWe, the undersigned residents'of Linda Isle,living in our homes .o directly across from the above -captioned property, hereby go on record mrn as objecting to the -live music/open door operations at the restaurant. Lco 00 niI Any use of the space outside the boat structure for entertainment rnLn Ln is opposed and is a violation of the City Use Permit. Noise, music N rn with or without amplification, must be indoors,'with the doors and CA windows closed. No amplified sound shall be allowed to emanate from the interior of the vessel. No music or entertainment shall be outside ++ the vessel, on the passenger ramps, or in the parking lot. t wqM Live music has been heard during the day and evening hours, from w ethe open door and from musicians (Dixieland Band) on the passenger ramp. 4JN t must be noted that sound carries very clearly'over water, and some of rn R_u ur homes are only 50' away from your vessel/.restaurant. No music or ound sha11'be audible under City Code, at a point 50 feet from the m•-z ull of the vessel. The music and sound haw been carrying much farther + han the allowed limit. The violation have been occurring on an almost N,+ co aily•basis since your firm acquired the property. rnmr,N•m Please be sure your doors and windows are closed; and that your usicians are inside the boat. Please comply with all the rules. + ,QoRxeD of Ltie co uNi ci! 1. House Number a VGigned DR _ 46%. gg �5 57 00 1cm o �2 L l maulci ce 0 4i kp [a w 0.�U 0U•U .;.a. �a Pq° a Z13 CITY OF NTEWPORT BEACH OFFICE OF THE CITY ATTORNEY ....... P.O. BON 1768. NEWPORT BEACH. CA 9265h-8915 (714)644-3131 June 15, 1989 Mr. William E. Korb, Administrator Management Service Company 17601 seventeenth Street, Suite 218 Tustin, California 92680 Re: Linda Isle Community Association Protest of Rueben E. Lee operations Dear Mr. Korb: This letter is in response to your June 5, 3-989 'correspondence describing the concerns of the Linda Isle Community Association with respect to operations of the Rueben E. Lee. This is the first indication of problems between the Rueben E. Lee and Linda Isle residents since Jean Liechty and I met with restaurant representatives almost a year ago. I have asked the Planning Department to provide copies of all documents in their file that would reflect any City —imposed restrictions on the operation of the Rueben E. Lee. The City does have a strict restaurant zoning ordinance that requires Planning Commission approval of significant changes in operational characteristics. In• this regard, it would be helpful if you, or the association, could provide this office with information regarding the extent to which the area referenced in your June 5, 1989 letter has, in the past, been used for commercial purposes. Also, please provide additional information as to the time of day residents were disturbed and the source of the noise (live music, loud talking, etc.) that disturbed the residents. I an unaware of any restaurant application to extend or expand operations adjacent to the Island. However, you may want to check with the Planning Department to determine if such applications exist or are expected to be filed in.the near future. Residents within 300 feet of any business seeking expanded restaurant operations would receive notice of the application and should express any opposition in specific correspondence related to that matter. I will send a copy ,of your letter to the Planning 3300 Newport Boulevard, Newport Beac Mr. William E. Korb June 15, 1989 Page 2 Department, but there is no guarantee your "continuing objection" will be submitted to the Planning commission prior to their consideration of any particular, application. Moreover, you or the Association should become familiar with any such application so that your protest is meaningful. very truly yours, Hobe tH. Burnham city Attorney RHB:jg' cc: Bill Laycock - Planning Department Jim Hewicker - Planning Department JEAN S. LIFCHTY 93 UNDA IMM NEWPORT BEACH. CALIFORNIA 92990 November 26, 1991 Donna Menzel, Director Retail Properties Sunwest Asset Management Corporation Post Office Box 19600 Irvine, California 92713 RE: LIGHTS: BALBOA MARINA PARKING LOT: RESTAURANT Dear Ms. Menzel: kdG D�pAR-"AS41(714) 675.1134 rlTY�OF PORT BEACH' pEC 21991 F�� �►g�9�lOtL►]2�1►213E`��5tfi n CHARLEY BROWN'S The residents of Linda Isle, and the Board of Directors who have signed the enclosed petition, hereby go on record as being opposed to the brilliant lights which continue to shine into our homes and bedrooms at night from your parking lot. ��t V It has beeYi�over a year since you came to our home and said you recognized that this problem exists, and that you would remedy'it. It still exists, and we are still asking you to make the necessary changes as soon as possible. Your courtesy and cooperation will be -most sincerely appreciated. Yours very truly, U r cc: The Irvine Company NB.PD NB City Attorney L, U CIty Planning Evelyn Hart Jean Watt Linda Isle Board of Directors Management Service Co. N M Ln �0 W %D rno' From: Residents of Linda Isle September 18, 1991 rn � �y}70 . • � • ._ • • • • . • . -- To: Donna Menzel, Di _. rector • Jean Liechty, 93 Linda Isle Resident (714) 675-1134 Utz N Retail Properties Sunwest Asset Management Corporation Newport Beach, CA. 92660 [ xN Post Office Box 19600 m(d Irvine, California 92713 v c . W PO P -Pd Re: LIGHTS: BALBOA MARINA PARKING LOT; CHARLEY BROWN'S RESTAURANT P H. ° 04 M We, the undersigned residents of Linda isle, living in our homes Vro � directly across from the above -captioned property, are still being z zm N inconvenienced, annoyed and bothered by the intrusive glare from the NJa%Balboa Marina Parking Lot Lights into our homes each night. o p ro p We appreciate that you have stated you replaced the light bulbs A T •H b u � s with reduced size non -glare Metal Halide Lamps last Spring. However, ,o A w e x we believe the glare reduction has been minimal, and that the lights In ro•uz o do not need to be as bright as they are to accomplish your purposes. LDHH..(U 4 ro �a)The lights glare into ouN r homes and bedrooms each and every night, O1^ m creating an unacceptable nuisance and intrusive annoyance. rCPq z As a lighting expert, we ask you to find a solution that will U o 0 3solve your problem and not create one for us. Thank you. 4 9M�al ro cq r1,q z S igned An ,g rO J co 0 0 °p� •• a) N '_1 3 qW °w . v 0 -P �'a z N 0R,zin ri 3 v-w 'znr w w ° o Qz��— O 0ar4U •[°i' r a,�4J.. o ., plU o U O .0 ..V .N UWOQ U a1N�gN c 00a rq y 3>,r,4 H Z Ur-(Uj R+ e �' 3 HU) x Hbra�x w 9 4J N +1 WgD (a W 91-3 W S House Number M Y 0 8 n 00 In W N N U U U ro ro w 41 N 0 z From: Residents of Linda Isle September 18, 1991 To: Donna Menzel, Director Jean Liechty, Resident Retail Properties 93 Linda Isle (714) 675-1134 Sunwest Asset Management Corporation Newport Beach, CA. 92660 Post Office Box 19600 Irvine, California 92713 Re: LIGHTS: BALBOA MARINA PARKING LOT: CHARLEY BROWN'S RESTAURANT M We, the undersigned residents of Linda Isle, living in our homes 10directly across from the above -captioned property, are still being n1O).inconvenienced, annoyed and bothered by the intrusive glare from the O)Balboa Marina Parking Lot Lights into our homes each night. o P rd o F4 We appreciate that you have stated you replaced the light bulbs rn •HI U oosa'-I � with reduced size non -glare Metal Halide Lamps last Spring. However, w Q v � we believe the glare.reduction has been minimal, and that the lights Ln ro -P z Udo not need to be as bright as they are to accomplish your purposes. W N 1.1 ., ro N ro � v The lights glare into our homes and bedrooms each and every night, Q O1^ M creating an unacceptable nuisance and intrusive annoyance. mro z N As a lighting expert, we ask you (doo p°,solve your problem and not create one o ,.N3 o a m r. v � � bileFcro/Q5 Croo d!o M� X4 g ed: communli ,4s� c14r;oN r,.0�b 14 a) N 4J pin4 Z B OR,Z 10 M I K-I" V• �R .GC.P...E�I H ro 3 tH to find a solution that will for us. Thank you. House Number G 1f 6�JAcK c V�✓' SElarlenk --ram i� C (/� LA � Z � AF27 l.3insran��1, �yF� - mAt. Pi cp L ii1E/ o Qz�� J M LH4J •r U . auo / � N rL U U rQ 0 U 4J 4­1 Naa)i4Jcu H z U, _I a a) •� p 3 .r N g• , a1 H •�id � 2 a) P Moo x a� Na W 0 N ro+�Ama) � bO��>- W En V SUNWEST ASSET MANAGEMENT CORPORATION February 15, 1991 Mr. Douglas C. Liechty Attorney at Law 500 Newport Center Drive, Suite 920 Newport Financial Building Newport Beach, California 92660 RE: BALBOA MARINA PETJBENS;REUBEN E. LEE PARKING LOT LIGHTS Dear Mr. Liechty: Thank you for inviting Bob Cart, of Irvine Retail Properties Company, and me to your home at Christmas. As a follow-up to our meeting and in an effort to reduce the parking lot light glare, we are replacing the existing bulbs with reduced size non -glare Metal Halide Lamps.. The replacement should be complete by the end of March. I will give you a call at that time to review the results with you. Thank you again for your hospitality and patience. Hopefully, this will resolve the glare inconvenience. Please call me if I can be of any help. Sincerely, Director Retail Properties DM: smh cc: B. Cart/IRPC S. Brahs/IHC D. Landrum/California Recreation Company J. Manoogian/Preferred Property Maintenance 2201 Dupont Drive, Suite 720 P.O. Box 19600 Irvine, California 92713 714/250.3090 95 Linda Isle Newport Beach Ca. 92660 December 155 1989 Mayor Ruthelyn Plummer City of Newport Beach Post Office Box 1768 Newport Beach, CA 92658-6915 Fie: Lights in Rueben E. Lee Parking Lot Dear Mayor Plummer: The Rueben E. Lee's recently upgraded parking lot and landscaping is in good taste and environmentally acceptable. The Lighting,, however, is another issue. The new lights are: I. Poorly designed from an-arch-itectural--aspect.- They - appear to be of very low quality. 2 They shine in a very objectionable manner. on 18 homes on Linda Isle. This annoys the residents and makes their homes less desirable - reducing property values and ultimately property tax revenues. 3. They are distracting to motorists on Pacific Coast Highway. As new residents of 95 Linda Isle, we were never given notice of any environmental reports or public hearings regarding the landscaping project. The problem can be corrected by redesigning the upper parts of the lights by providing shades (of a traditional design) that would: 1. Direct more light onto the parking area to enhance visibility, public safety and reduce crime. 2. Greatly mitigate the amount of light shining into Linda Isle homes in the evening. Please have the Planning Commission consider this request and advise the Linda Isle Board of Directors of any possible solution. This letter satisfies part of my Citizenship in the Community Merit Badge, which is required for me to attain my Eagle Scout Rank. Very truly yours, RECEIVED BY yyya, PLANNING DEPARTMENT CITY OF NEWPORT BEACH Michael S. Mahan DEC cc: City of Newport Beach Planning Commission ✓ - AM 2 11989ps City of Newport Beach Environmental Quality Affa4-*O-iAw2l9liDlUil21112i3141516 Linda Isle Board of Directors Residents of 88 thru 104 Linda Isle JEAN S. LIECHTY 93 LINDA ISLE NEWPORT BEACH. CALIFORNIA 92660 (714) 676.1134 January 27, 1989 Mr. Gary Di.Sano and the Newport Beach Planning Commission 1840 Leeward Lane Newport Beach, California 92660 RE: REUBEN E. LEE RESTAURANT BOAT & MARINA PARKING LOT Dear Mr. DiSano: Please be advised that as very close neighbors of the above - captioned property, we object very strongly to the increase of the parking lot co add 42 spaces. This additional traffic, by cars, boats and on foot, would further overburden the already congested area. Furthermore, we strongly object to the Reuben E. Lee being allowed to increase their business and profit potential as a result of renovations being demanded because of their dumping of raw sewage into the bay, perhaps for as long as the last twenty-five years! Rather,they are being rewarded! Mr. Phillips (see enclosed letter) states that the 42 new parking spaces are intended for employee parking. I have lived here over twenty years, and can assure you that we see man employees arriving by foot, walking across the parking lot in their uniforms, from the direction of the bus stop. If the 1983 condemnation requires further overuse of this property, it should be revoked immediately. As to the "renovati-n" of the existing areas, the only way to simplify circulation patterns and mitigate congestion is to reduce the number of cars, and that does not happen by adding adjacent parking places. Forty-two is a lot of parking places! We are good neighbors here, and have been patient to a fault. Please do not force us to suffer further from increased noise and pollution. Thank you. Yours very truly, cc: NB Planning Commission Randall Phillips, Irvine Co. (/ij 0 January 20, 1989 IRVINE RETAIL PROPERTIES COMPANY Mrs. Jean Liechty 93 Linda Isle Newport Beach, California 92660 0 RE: REUBEN'S/PCH PARKING LOT IMPROVEMENTS Dear Mrs. Liechty: Irvine Retail Properties Company, a division of The Irvine Company, is currently renovating and expanding the parking lots that serve the restaurant and marina patrons at the referenced site. All work is to be completed by March 20, 1989. The "expansion" will occur in the area adjacent to the eastern PCH bridge abutment. This will add approximately 42 new spaces, all intended for employee parking. We are required to create this parking field as a part of a 1983 condemnation settlement involving the bridge relocation. The "renovation" of existing areas will not add spaces but will simplify the circulation patterns to mitigate congestion and improve access. In addition, we are adding a group of palms at the slope by PCH, numerous trees throughout the site, and enriched groundcover along PCH. All of the lighting will be replaced to achieve a high standard of safety and appearance. We feel that these improvements will significantly upgrade this area while avoiding any increases of traffic problems and congestion. If you have continued concerns, please call me at 720-4465. Sincerely, Randall Phillips Director of Development RP:wkb Jamboree Center, 2 Park Plaza, Irvine, CA 92714-5904 • (714) 720-3200 A Division of The Irvme Company A A. J IRVINE RETAIL 'PROPERTIES COMPANY Mrs. Jean Liechty 93 Linda Isle Newport Beach, A 92660 pip Zj g W IR -Mir, JEAN S. LIECHTY 63 LINDA ISLE NEWPORT BEACH. CALIFORNLI 92660 I (714) 676•1134 October 13, 1988 TO: Newport Beach City Council Thank you for allowing me to address you at your planning meeting on Monday, October 10, about the problems we have been having over a long period of time with the Reuben E. Lee Restaurant Boat. Enclosed in a copy of the flyer I delivered to each of the 106 homes on Linda Isle on October 11. It is my understanding that at least one of our residents has called Mr. Armstrong to offer his observations.and support. Just for the record, I would like to state that some of the problems we have been having with the Reuben E. Lee, besides the dumping of raw sewage into the bay, are: Unreasonable noise of various kinds, notably: 1.) Using the upper, outdoor third deck for parties, weddings, entertaining, sound amplfication, serving of food and beverages, during daytime and nighttime hours. It is my understanding that according to city codes their activities should be conducted indoors, with doors and windows shut. This began (the outdoor use) with the present owners' acquisition •(Restaurant Enterprises Group), and had not been a problem before. 2.) Late night and early morning noise for maintenance and trash collection. VThe Dewey Dumpster truck comes between 6:30 and 7:15 every morning, and is very noisy. Use of electrical sanders and other noisy tools during the hours after 2:00 AM, when they are closed for business, is hereby objected to. We feel these noisy activities should be conducted during the daytime. �!) Ringing of the (outdoor --on the bow) ship's bell by patrons who are-malking around the outside on the decks is not necessary, and is very disturbing, especially late at night. ti:�...)fir:•:;. Please be advised that Randy Hiatt, John Long, and Tim St. Sure of Restaurant Enterprises Group have been advised of our objections to the above activities, over a long period of time, and have not responded favorably to our requests. October 13, 1988 Newport Beach City Council Reuben E. Zee Restaurant Boat Additionally, we would like to request that no additional " parking or further increase of their use of space be allowed. We feel that their use should be limited to those activities that do not create a nuisance for their neighbors. Of course, we are shocked and appalled by the recently discovered apparent dumping of raw sewage into the bay, within just a few yards of our homes, by a system designed and put in place to do just that, intentionally and with deliberation and planning. Such acts exceed my use of the English language to describe them. We are most appreciative of your efforts, and those of the Newport Beach Police Department and other agencies at the county, state and federal levels,' in detection and prosecution 'bf: such absolutely unacceptable acts. Please call me if we can be of any help to you. Yours very t /sue .LQ.w Jean S. Liechty cc; Mr. Greg Armstrong, NBPD Hon. Thomas F. Riley, 5th. Dist. Supervisor, Or. County Mr. Marvin Elliott, President. Linda Isle Comm. Assn. and Board of Directors Newport Beach City Attorney Robert Burnham, Esq. Newport Beach City Planning Director bir. James Huegwicker Eatery gets additional $15,000 fine Reuben E. Lee cited ;for dumping into'bay the Register IV%1V�� x Owners of Reuben E. Lee Res- aurant in Newport Bay were or - red Friday.to pay. a $15,000 fine fo'r an illegal plumbing system that Pumped raw sewage directly into tithe state -protected harbor. The'fine, assessed by the Santa ta Regional Water Quality Con- 1 Board, is in addition to a $25,000 penalty collected in Decem- ber by the Orange County District �lttor Is Office, which had filed �cnminal charges against owners of the company. . Grace Restaurant Co., which owns the popular imitation paddle- wheel steamboat, - operated an overflow pipe since the boat's con- struction 25 years . ago that dis- charged waste into the bay through a 4-inch opening in the hull. P he,sewage spilled'into the bay' Wree to six times a year, whenever the restaurant was busy and its regular system overflowed, ac- cording to a report by the water - quality agency. The overflow pipe - was capped in September after it ..was discovered by Newport Beach police and county health officials. "It is possible that direct dis- charges have occurred for'the past 25 years," the water board's report says. "The discharges were inten- tional and a result of negligence." -• The waste was discharged within 10o yards of boats at Balboa Mari - .,he. Health officials for years have 'been concerned about a continuing buildup of bacteria in the bay, mostly from human waste. The water board has state au- thority to collect fines of $10,000 per `day of violation, but only two spills were witnessed and documented, one in September and one in July. The restaurant's plumbing sys- tem. violated the state's water code and the federal Clean Water Act. Police identify woman $259000 fine for dumping sewage. , By IRIS YOKOI of IM only Pilot Sion The Reuben E. Lee restaurant's parent company must pay a 525,000 fineforillegaldumping0 raw sewage . into Newport Bay and May have to pleacnng no contest rnursday to one misdemeanor count of violating state water code. As a result, charges filed against restaurant General Manager James Wade and Area Manager Patrick Dudley were dropped. The two managers and the corpor- ation had originally each 'been charted with two felonv counts of a three to six times a year, whenever the — — restaurant's_ pumptng,,_system malfunctioned. Prosecutors. not only accepted the no contest plea but also lowered the :•� � AZ: a%-;Orarige.copst DAILY PILOT/,Monday, December 19, 19aa chargges to misdemeanors. "We felt basically the activity was more negligent than intentional, and — if it was negligent, it's a misdemeanor under the law, Deputy District (Please see REUHEN/A2) REUBEN E. LEE FINED $259000.:: FromAl Attorney Diane Kadletz said. engineering associate for the•board. tF a maximum htheboa00dean levyfora; Newport Beach Police had rec- pFeb.lUpublichearingbeforethe, discharge ommended felon charges on the Y board was, scheduled on the. theory that the ,plumbing system's assessment matter, Hut the fine may;' Restaurant Enterprises Gropp'' g, design indicated intent be negotiated and settled before then,i not available for comment;p; : ' ; q, Both, Kadletz and police en- - M ..... A;.atnr Gres - -- aspect orthe case for -a penalty to message was said. • the criminal a e; sanitary. e4 The Ora- County Register Thursday, Nov. :1 Restaurant executives charged. with" letting; sewage flow into bay The Register Criminal charges have been filed against two executives of the Reu- ben E. Lee restaurant in Newport 'Beach, for permitting raw sewage to be dumped into Newport Bay. :Assistant Orange County Dis- trict Attorney Diane Staveahagen- Kadletz filed one count each of state water -code violations against James Wade, general manager of the restaurant, and Patrick Dud- ley, area manager. Penalties in- clude fines of up to SM,000 or three years in prison. Arraignment was set for Dec. 21. The • restaurant, built in the shape of a steamboat on the edge of the bay, had been under investiga- tion by Newport Beach police, the Orange County health department, state water -quality officials and the District Attorney's Office for permitting .waste to flow into the harbor from "an -opening that by- passed the ship's regular sewer system during periods of heavy use. The spillage allegedly oo- curred three to six times a year. Officials of Restaurant Enter- prises Group, parent company for Reuben E. Lee restaurant, de- clined to comment Wednesday on the charges. They, have said they capped•the 25-year-old line in Octo- ber, preventing further spills. In addition in the charges filed in Superior Court by the District At-, torney's Office, company officials; fficia also face action by the Santa Ana Regional Water Quality Board, an arm of the state Water Resources Control Board. Kurt Berchtold; senior -engineer with the regional board,'said the state will seek a maximum penalty, of $20,000, although he said that civil action could be delayed by the district atorney's prosecution. He said company officials are reluc- tant to testify in the civil. matter before the criminal charges are re- = solved. r: State law'permits the regional ,board to impose fines of $10,000 per day. Two spills have been docu- mented since surveillance of the ; restaurant began in July. B4 The Orange County Register Saturday, Dec. 17, 1988 Reuben E. Lee fined $25,000 for dumping By Pat Brennan The Register The owners of the Reuben E. Lee restaurant have pleaded no contest to charges of allowing raw sewage to be dumped into Newport Bay and must pay a $25,000 fine. Assistant Orange County Dis- trict Attorney Diane Stavenhagen- Kadletz said the restaurant's own- ers still faced a possible $20,000 fine by the Santa Ana Regional Wa- ter Quality Control Board. Although the fine for the crimi- nal charges was less than the $50,000 maximum, Stavenhagen- Kadletz said she was satisfied with the penalty, imposed Thursday. Criminal charges for environmen- tal contamination are relatively rare; usually, dumping is handled through civil complaints. She charged restaurant Gdneral Manager James Wade and Area mManager Patrick Dudley with one count each of state water -code violations last month. The waste flowed into the harbor through an. opening• beneath> -the;; restaurant that bypassed its regu= . lar sewer system. County health officials' have said the dumping - might have occurred over -several- years. They said boat owners com- plained of odors, but that it was difficult to pinpoint the source of the sewage at first. The complaints touched off an investigation of -,the steamboat - shaped restaurant by Newport- Beach police, the Orange County Health Department, watertival ty officials and the District Attor- ney's Office. Officials of Restaurant Enter- prises Group, the restaurant'spar- ent company, did not return phone calls Friday, but they have -said in. the'past that they believed the 2S year -old sewage line had been capped in October. The possible $20,000 penalty by the water board is based on two documented spills. that have been observed since investigations be- gan in July. Fines of $10,000 a day can be imposed for such violations. THURSDAY, NOVEMBE424; ,1988 ies:: ile: .V.s o Fe onytha Irvine, also were named in• the -'year into'the waters of.Newport Reuben E. Lee execs face arraignment charges, she said. • ' , Harbor, whenever the floatingg res- The men, who face a maximum.of taum fs pumping syystem malfunc- in case involving alleged sewage dump three years in prison• and fines. of boned. The Reuben E. Lee opened in S 100,000 for the alleged violations of Newport Beacti 24 years ago, floating the state watercode, are scheduled for in the Unda Isle channel. By JONATHAN VOLZRE Harbor. arraignment Dec. 21'in Harbor Mu- Newport Beach Police en- 01the D.arrnntm.n o nicipal Court. vironmental coordinator Greg • Deputy District Attorney Diane An attorney for the restaurant Armstrong said last month that the • ThegeneralmanageroftheReuben ICadletz said she filed two felony company said hecould notcomment design of the overflow system alone E Lee restaurant and its area man- charges each against general manager on theyftling because he �'B as not ,was grounds for criminal charges. James' Wade and area manager formal) notified of the cha es: The plumbing system on the 190- ager face felony charges stemming Patrick Dudley on Tuesday. The An -investigation • by "police' and foot -long, 52-foot-high restaurant in - from allegations- that a plumbing Reuben E Lee's parent companies, state ;water quality oflpeials fde=';, cludes a 1,000-foot holding tank into system on the floating dinnerhouse the Grace Restaurant Co.'and the ternii6d that sewage may have lteeq- ,•which all, sinks, toilets and other dumped raw sewage into Newport Restaurant Enterprise Group, both of dumped"at least three to six uines'a'. drains empty their waste, Armstrong restaurant said. An automatic system Vnipsthe. swamping the restaurant's decks, • waste from that tank through a ;:Armstrong said. pipeline to a city sewer line. , . 'Authorities said the dumping was But should the pumps maifuhc- .'stopped as soon as it was discovered tion, or if the lines become cloed,1• by, police, who were acting on a sewage would overflow -into aline citizen's complaint. The anonymous that carried the -untreated waste caller: identified himself as a former through a four -inch opening in, the ; -Employee, when he reported the hull, about two feet above the,, dumping to July. waterline . on the restaurant'd '. Armstrong said .Orangef County starboard side, making` it undetei:;-: ✓sheriffs deputies assigneedd to the table from the parking lot orevei tfie "-Harbor Patrol saw a sewage overflow restaurant.. ; 'm September. Thy' system appears •deglgt!0 fQ,'r Stall writer Robert Hyadman con - prevent a sewage overll" ri'r�m " ijributed to this story: • . :.C.•. `• Newport;/ ,4�;.: Beach•. Sewage Spill Suspected` From Reuben E Lee': ' Police are investigating suspected,•, sewage spills into Newport Bay from the • Reuben E, Lee, a popular restaurant in a -- converted steamboat, authorities said Tuesday. The sewage has been pouring out of a 4-inch hole whenever the ship's 25- year-old sewage system backs up, ac- cording to Greg Armstrong, environ- mental services coordinator for .the Police Department Armstrong said the hole was designed to discharge sewage when the ship's 1,000-gallon system was, full and its ,pumps had failed. He said authorities do not normally. press criminal charges against those responsible for sewage spills but decided to do so in this case because workers at'the Reuben E: Lee knew about the spills. ' "They just•neversaw it as a problems. Armstrong said. " it was, in their words; . 'The system. The system that's -always" beenhere."' -' Tim Bond, director of quality assur- ance for Far West Concepts, a division of Restaurant Enterprises Group, which owns the Reuben E. Lee, said that the hole has since been capped and that the company has called for a full investiga• tion. Armstrong said he plans to file at least two criminal charges, both misdemean- ors,,against the owners of the Reuben E. Lee. Each charge carriei a fine of up•'to 55,000. '• Kurt Berchtold, lead senior engineer; with the state Regional Water Quality Control Board in Riverside, said•offidiah are considering. assessing retroactive fines of up to S10,000 for each day the spills occurred. , `° Ve_ I*L�esister Newport �aY sewage traced to rwstaurant Reuben E. Lee might be fined for harbor spills By Maria Cone : r•- The Register -: , NEWPORT BEACH — The own- ers of a popular, steamship restau- rant in Newport Bay face criminal prosecution and civil fines for op- erating a plumbing system that dumped raw sewage directly into the state -protected harbor. The Reuben E. Lee Restaurant, a paddle -wheel ship permanently anchored in the harbor off Coast Highway, has discharged an un- known amount of sewage into the bay over 25 years, said Greg Arm- strong, environmental coordinator for the Newport Beach Police De- partment. The restaurant is under ihvesti- gation by Newport Beach police, the Orange County health depart- ment, state water -quality officials and the District Attorney's Office. The waste flowed into the harbor through a 4-inch opening in the hull on the ship's starboard side. The spillage apparently occurred about three to six times a year, based on accounts from nearby boat own- ers, said Armstrong, coordinator of the investigation. "We've had complaints from the marina people (about sewage odors and spills), but nobody's ze- roed in on the problem before now," Armstrong said. "Who would ever dream that some plumber would design an overflow system that dumps raw sewage 'nto the bay?" The Reuben E. Lee's waste usur .ally is pumped by pipeline to on- shore city sewer lines. But health and water -quality officials were surprised to Iearn that the restau- rant's plumbing system has a built-in line that, during malftmc- tions or busy periods, discharged all waste directly into the bay through a hole in the hull. - "That is completely unaccept- able' said Jim Huston, Orange Country's assistant director of envi- ronmental health. "We were tm- aware this was happening." Newport Bay, which empties into the ocean off Corona del Mar, is state -protected bird sanctuary. The restaurant's plumbing system violates the state's water code and the federal Clean Water Act, which has prohibited dumping into navi- gable waterways for more than. 15' years. The sewage was discharged within 100 yards of boat slips at the Balboa Marina but posed no health' threat because swimming is not permitted in that area, Huston. said. When contacted by police and health officials Wednesday, Far West Concepts, which operates the Reuben's chain of restaurants, sealed off the overflow line. Now itts impossible for it to overflow," said Tim Bond, quality, assurance director for Far West Concepts, a subsidiary of Restau- rant Enterprises Group, an ln-ine- based holding company. "When we were made aware of it, we immedi- ately, that day, capped the line." 'The restaurant, a popular lajDd- mark along Coast Highway, has been under investigation by the Newport Beach Police Department .since mfd•July, when an anozry- Please see SEWAGS0 Corrosion marks the spot at lower left where sewage has been spilling out of the Reuben E. Lee Restaurar SEWAGE: Criminal sanctions to be sought FROM i mous phone call alerted Arm- strong to the overflow line. The caller told police that he had seen two overflows occur within two weeks. The most recent spill was Sept. 27, when an electrical problem caused a pump failure in the res- taurant's plumbing. Health offi- cials estimate 100 gallons of raw sewage flowed into the bay over a two-day period. Another spill occurred in July, Armstrong said. Newport Beach police have asked the District Attoney's Of- fice to file misdemeanor charges against the restaurant owners. Deputy District Attorney Diane Kadletz, the county's prosecutor for environmental crimes, said Monday that site had not yet re- ceived the investigative file from the Police Department. But she said she will file the charges, per- haps by next week, seeking crimi- nal sanctions for violations of the state water code. The maximum fine is S5,000 per day of violation. The county never has criminally charged a company with illegally discharging sewage. In addition, avater-quality offi- cials plan to take action against the company next week, said Kurt Berchtold, lead] senior engineer with the Santa A:na Regional Water Quality Control Board, an arm of the state's water board. 1^te board care aslmF civil +fines "It clearly represents a viola- tion," Berchtold raid. "Any dis- charge into Newport Bay is prohib- ited." Criminal charges are rarely pur- sued in sewage spills because most are accidental. The Reuben E. Lee, however, had the illegal dis- charge point "built right into its system and nothing was done to correct it," Armstrong said. Corporate officials of the restau- rant chain said they were unaware of the overflow system. "We feel it probably goes back 25 years when the boat was built," Bond said. "It is located down in the hull, and not many people go down there." The plumbing system apparent- ly was installed in the ship when it was built by the Lestaurant chain about 25 years ago, before the Clean Water Act is 1972 prohibited discharge into waterways. "Twenty-five years ago, people weren't that concerned about such things, but certainly within the last five years someone at the company should have recognized this wasn't right," Armstrong said. "it's my contention that they had to know something wasn't right about it, with all the publicity about sewage spills and the bay." Officials are uncertain how often the sewage overflowed into the harbor, but they suspect it hap- pened during the restaurant's busy times, especially around holidays and whenever the sewer lines we clogged or the pumps failed. "The company is admitting tl it occurs at least three ,times year. It may have happened me than that," Armstrong said. From three to six times a ye: the sewer lines are so clogged tl the waste flows onto the rests rant's parking lot, Armstrong sa "There have been problems fo long time," he said. The health department last we ordered the company to install interim alarm system and a ne permanent sewer line to hanr overflows. Bond said the company is insr: ing a new plumbing system tl will cost about S10,000 to S20,00 "We would want to be a gc neighbor. We've been in operar there for 25 years and we want meet or even exceed the exist codes," he said. The investigation has taken t months because police wanted witness the overflows, Armstrt said. The opening in the ship is v ble only by boat. Since late July, the restaur has been watched by the Oral County Harbor Patrol and pent [ally staked out by inspectors fr the water -quality board. Last week, the Harbor Patrol ceived an anonymous tip fror pleasure -boat operator, and i deputies saw the sewage flow _ PUBLIC NOTICE ! PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE I PUBLIC NOTICE 5. The applicant has misrepresented material facts in the application; 6. The applicant has, within the preceding ninety (90) days• faded to comply with a condition imposed on a previously -issued marine charter permit. B.'In the event the License Supervisor denies the application. the applicant shall,liave the right to appeal this decision, to the City Manager, by filing a written appeal with the office of the City Manager within five (5) working days from the date on which the applicant has notice of the decision• or at least two (2) working days before the date and time of the proposed charter, whichever provides the most time for consideration of the appeal. The City Manager shall consider the appeal and render a decision within twenty-four (24) hours (exclusive of weekends and holidays) from the date of the appeal. The decision of the City Manager sha.l be final. ' C. The term cif the permit shall extend only for the duration of the charter for which the permit was issued. Section 5.18.045. Conditions. A. The License Sit rvlsor may Impose any condition on the permit reasonably necessary to insure the proposed charter provides adequate parking facilities, does not create noise, does not pollute or litter the waters of Newport Bay, does not create Fmarine ailure to coimplygestion and with conditions imposed onot nse any ma negharter pert the mit shans ll cons tutetagin, or violationvofgth thund is chapter. wport Say. • B. All permits Issued pursuant to this chapter are subject to the following standard conditiogs: 1. Adequate off-street parking shall be provided for all passengers on the bareboat charter or certificated charter; 2. No passenger loading or unloading is to Occur at any gas dock or public dock; 3. Passengers transported to or from the charter shall not be picked up from, or unloaded on, City streets; 4. All passengers shall be loaded and unloaded only from docks or piers in commercially -coned districts; 10A. No amplified sound shall be allowed to emanate from the interior of the vessel; �6. No music or sound shall be audible at a point 50 feet from the hull of the vessel; 1'1. Music, live entertainment, and all forms of amplified sound are prohibited after 10:00 P.M.; /6. Air horns, whistles, bells, and other noise -making equipment shall not be used; a,09. Al] trash and litter generated by the charter shall be properly disposed of, In private trash receptacle; 10. All charters shall operate in main navigational channel as far from shore as practical, and the route of travel must be at least 100 feet from•any residence; 11. Each vessel shall be equipped with Coast Guard approved holding tanks for'raw sewage; 12. All Federal, State, County and City statutes, rules, ordinances, laws and regulations shall be obeyed. Section 5.18.050, Indemnification. ury that Is inanyway related to the ba eboat charterlor certificatedrcharter for less from and against which a permit isigrantedcpursuant damage this chapter. Section Section 5.18.055, Transfer Prohibited. permit permit r suer pursuant permit of is ch of rein Earl and effect. sold or assigned. Any attempt to transfer, sell or assign the Section 5.18.060. Penalty. Any person violating the previsions of this chapter sliall be quifty of a misdemeanor. Section 2: The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. Section 3: This Ordinance was Introduced at a regular meeting of the City Council of the City of Newport Beach held on the loth day of October, 1988, and adopted on, the 24th day of October, 1988, by the following vote, to -wit: AYES, TURNER, PLUMMER, HART, COX, STRAUSS. SANSONE, MAURER NOES, NONE ABSENT NONE JOHH C. COX, JR., Mayor ATTEST; WANDA E. RAGGIO, City Clerk Coast pally Pilot October 29; •1988 Sa060 PUBLIC NOTICE under a dname eorti name' PUBLIC HEARIING E OFIme iced he registrant transact bust- AS above on September BEFORE THE ; nes$ under the NORMS us 98 PLANNING business name or names B r Slone COMMISSION listed above an N/A The statement was Illed OF THE CITY OF Frederick D. Greenlleld have t e County Clerk of Or• FOUNTAIN VALLEY This Statehe COUment was filed) the I ;aunty on October 20.I GIVEN thabIS on W*desHEREBY. myetCou County oo COCI bar lark of �9, 603 N eLLSfet u.,,..e a. loan. at 7:30 1 .Ion* d1 X ------------- ---------------- — TO: THE PLANNING Camc OF THE CITY OF NEWPORT BEACH and THE AT BEACH CITY COUNCIL G ' ri �! ` c�v--7 ��<� �f C <j FROM: LUZA ISIE H J RE: FAR WEST SERVICES LSE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnats The undersigned hameoaner(s) wants() to go on record as being increase in the allowable occup +k -'-- _ ancy of the existing Baxter's ] -_,- r a new I t r� These regdests.would result in increased use of the entire area, from Baxter's to the Reuben E. Leer -increased traffic cr ed noise. W@ strongly object to all of these. Cepil _ d 'A-04-* : j u.,.2o cM: .-mil 4 �"1---A--7eM'`< The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the in making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle Oammtonity Association about 17 years ago, -and there has been a long list of cmplaints and ?ejections. We are united in this position. There are 106 hates can i.inAa//r.le /i / Linda Isle AtwAt Zd 1984 U Address TO: THE PLANNING M-,MSSICN OF THE CITY OF NEWPORT BEACH THE NEWPORT BEACH CITY COUNCIL RE: FAR VEST SERVICES USE PERMIT NO. 3107, and related use pewits for Reuben's and the Reuben E. lee Pestaurnats The undersigned hameamer(s) mants(J_.to-go on record as being strongly opposed to increase in.the allowable occupancy of'the existing Baxter's Restaurant tac-111tY These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Lee, increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restarvants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle Cminu ii.ty Association about 17 years ago, and there has been a long list of omplaints and objections. We are united in this position. There 106 homes o inda Isle. �( Y;ma Linda Isle Aucus�t Zy, 1984 Address 'nr.int rm1 X TO: THE PLANNING CONMINON OF THE CITY OF NEWPORT BEACH d -- -- — THE NEWPORT BEACH CITY COUNCIL RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. iee Restaurnas The undersigned hcmemmer(a) wants() to go on record as being strongly opposed to increase in the allowable occupancy of the existing Baxter's Restaurant aci ity with on -sale alcoholic beverages and dancing, and to the establishmant or a new parking requirennlht based on "net PUD12C area . These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Lee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed- to increased use of this above described area since the formation of our Linda Isle Community Association about 17 years ago, and there has been a long list of complaints and objections. Vie are united in this position. There e 06 homes on Lin Isle. Y XX !` H er __ ign name JC,3� Linda Isle Auvu�}� 1984 Address —wr_--__----------•---------- --- --------• ---------------------- TO: THE PIANNIRG COMMISSICN OF THE CITY OF NEWPORT BEACH and ��� D� THE NEWPORT BEACH CITY -COUNCIL O FROM: LINDA ISLE HCMECWNm?3 RE: FAR PEST SERVICES LEE PERMIT No. 3107, and related use permits for Rsuben's ande�. the Reuben E. Lee Pestaurnats The undersigned ha:eaaner.(s) Wants(J to go on. record as being strongly opposed to any increase in the allowable occupancy of the existing Baxter's Restaurant aoillty with on -sale alcoholic beverages and dancing, and to the establishment of a new parking requirement based on net public area". These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Iee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also fron service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of o da Isle Community Association about 17 years ago, -and there has been a long •s of complaints and objections. We are united in this position. There are 106 on Lin Linda Isle AmAA /q�i 1984 op I TO: THE PLANNING C0 MZSSI(Xj OF THE CITY OF NEWPORT BEACIld 4:!_ I •••� •r M r• RE: FAR WEST SERVICES USE PERMLT NO. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnats The undersigned homeowner (a) wants() to go on record as being increase in the allowable occupancy of the existing Barter's m t.1 M. These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Lee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only fran patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle Oalmmunity Association about 17 years ago, -and there has a long list of complaints and objections. We are united in this position. There 0 Linda Isle. J( Y K30 Linda Isle Augttit% 1984 HawcOner --sign name V Address T-- TO: THE PLANNING CDMISSICN OF THE CITY OF MMRT BEAM Y I I r••� •r a •• w RE: FAR WEST SERVICES USE PERM NO. 3107, and related use permits for Reuienb 's and the Reuben E. Lee Pestaurnats The undersigned haneowner(s) Wants() to go on record as being strongly opposed to increase in the allowable occupancy of the existing Baxter's Restaurant ach ity with cn-sale alcoholic beverages and dancing, and to the establishment of a new IGaPri nn 'net ounlic area-. These requests would result in increased use of the entire area, fran Baxter's to the Reuben E. Lee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only fran patrons leaving the restaruants during middle -of -the - night hours, but also fran service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle Cmmunity Association about 17 years ago, and there has been a long list of complaints and objections. We are united in this position. There are 106 hamep cp Linda Islet � X � y } o Linda Isle AM t--b , 1984 /` Hcmecsnher - s gn name Address TO: THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH and THE NEWPORT BEACH CITY COUNCIL FROM: L NDA ISLE HOMEOWNERS RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnats The undersigned haneaaner(s) wants() to go on record as being strongly opposed to increase in the allowable occupancy of the existing Baxter's Restaurant facility on These requests would result in increased use of the entire area, from BaxterIsto the Reuben E. Lee; -increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle Counity Association about 17 years ago, there has n been a to list of pog6laints and objections. We are united in this position. There are y// X . ((�da Isle Ault 1984 er --sin, norm Address TO: THE PLANNING CCnUSSICN OF THE CITY OF N0MR1 BEACH and 4 I I 1• •'� • •I M •• MW RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. lee Restaurnats The undersigned hareaaner(a) wants() to go on record as being inr =nma in fiv-_ allowable occuuancv of.the existing Baxter's In - These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Iee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. rWe have been opposed to increased use of this above described area since the formation of our Linda Isle C mm:ity Association about 17 years ago, and there has bLel�O en a long list of ca�laints and objections. We are united in this Position. There 4'.x /Linda Isle Aug t/4, 1984 er--si.gn name Address TO: THE PLANTING CNMISSIC0 OF THE CITY OF NEWPORT BEACH and THE NEWPORT BEACH CITY COUNCIL FROM: LINDA ISLE HOMEOWNERS RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Ice Restaurnas The undersigned haneamer(s:) Wants(to go on record as being strongly opposed to any increase in the allowable occupancy of'the existing Baxter's Restaurant facility with on -sale alcoholic beverages and dancing, and to the establishment of a new parking requirement based on "net public area". These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Iee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle Conunity Association about 17 years ago, -and there has been a long list of complaints and objections. We are united in this position. There are 106 hares on Linda Isle. X y 7► , • � . x Linda Isle A= t 1984 Homeowner --sign dam Ac1dress THE PIANNING M44ISSSME OF THE CITY OF NEWPORT BEACH 41 pl. I'0Y •M N N N FAR VNST SERVICES USE PERMIT NO - the Reuben E. Ice Re-staurnats The undersigned haneoaner(a;) inrreaae in the allowable oc and related use permits for Reuben's and on record as being existina Baxter's These requests. -would result in increased use of the entire area, from Baxter's to the Reuben E. Lee; -increased traffic and increased noise. We strongly object to all of these. The noise would be not only'fran patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. 1 We have been opposed to increased use of this above described area since the formation of our Linda Isle Cannunity Association about 17 years ago, -and there has been a long list of complaints and objections. We are united in this position. There e 106 on IsleX �( Linda Isle ! D Auaust `, 1984 %� eowner —sign name Address TO: THE PLAMING CO4aSSICN OF THE CITY OF NEWPORT BEACH and THE NEWPORT BEACH CITY COUNCIL FROM: LINOA ISLE HaffL HERS RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnats The undersigned haneaaner(s.) wantsO to go on record as being strongly opposed to an, increase in the allowable occupancy of the existing Banter's Restaurant aci ity c"+ rlIishment of a new parking requirement based on "net puo.u.o cLLca . These requests_would result in increased use of the entire area, fran Baxter's to the Reuben E. Lee, -increased traffic and increased noise. We strongly object to all of these. The noise would be not only fran patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. •We have been opposed to increased use of this above described area since the formation of our Linda Isle Cmmunity Association about 17 years ago, -and there has been a long list of oanplaints and objections. We are united in this position. There are 106 hones on I.i.nda Isle. X / �. - Linda Isle Auawt (' 1984 owner —s' name Address TO: THE p1M NG CCNMISSICN OF THE CITY OF NEWPORT BEACH and FRAM: LINI]A ISLE HCME(7WNm . 3107, and related use permits for Reuben's and RE: FAR p,FM SERVICES USE pERMIT N0 the Reuben E. Iee Festaurnats The undersigned hanwmer(s) wants(,) to go on record as being strongly opposed to ana- an the 1 itY ;nrrease in the allowable oCCup cYof _ ,--__- existing Baxter's Restaurantastab]1s t vt a new ement based on "net puD"c: aicc+ . These requests would result in increased use of the entire area, frobjecttto all l to Reuben E. Iee; increased traffic and increased noise. We strongly these. s leaving the restaruants during �dde-of-the- The noise would be not only from patronnighng t hours, but also f=m service amend front at carded motor traffive early in thec ingeneral.. deliveries and picking up garbage, reas We have been opposed to increased use of this above described area since thehas formation of our Iinda Isle Camtunity Association about 17 years ago, and there There objections. We been a list of lain d are united in this po are 1 hams on Isle. x ff Linda Isle AucluSt 1 �, 1984 Address er --sign ame TO: THE PLANNING CONMISSICN OF THE CITY OF MIPORT BEACH and THE NEWpORT BEACH CITY COUNCIL FROM: ISNOA ISLE HCMEOWNF2S RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Ruben E. Lee Rstaurnats The undersigned hawowner(s) Wants(to go on record as being strongly opposed to increase in the allowable occupancy of the existing Baxter's Restaurant faciTIET new These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Leei-increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during' middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle ommunity Association about 17 years ago, -and there has been a long list of complaints and objections. We are united in this position. There are 106 homes on Linda Isle. �( Y FQ�,,; (.4"m, x8JLinda Isle Am t 17, 1984 Hcn eowner —sign namt,,, i, Q.D 18e (ZTK4 ST dA3 Ei2 TO: THE PLANNING CaMSSIC0 OF THE CITY OF NEWPORT BEACH and THE NEWPORT BEACH CITY COUNCIL RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnats The undersigned baneowner(Q Wants(to go on record as being strongly opposed to increase in the allowable occupancy ofthe existing Baxter's Restaurant J:aclilty area". These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Lee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only fran patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making, deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle ommunity Association about 17 years ago, -and there has been a long list of is and objections. We are united in this position. There arch }Off hares on Lin J 1( & Linda Isle A t/ / 1984 dress MAXitYF SiAkX TO: THE PLAMING COPM'LISSIGN OF THE CITY OF NEWPORT BEACH and THE NEWPORT BEACH CITY COUNCIL .r FROM: LINAA ISLE HO[4EOFAms RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnas The undersigned haw cwner(s) an to go on record as being strongly opposed to increase in the allowable of the existing Barter's Restaurant acr ity _, __L-, - - L................. �.,ri ,i�rim nrt - anti +A +he esin lrshment of a new M *ner- puuj_ u also . These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Lee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only fran patrons leaving the restaruants during middle -of -the - night hours, but also fran service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle Own unity Association about 17 years ago, and there has been a long list of ccuplaints and objections. We are united in this position. There are 106 hares on Linda Isle. X f y'-,n_- X Linda Isle AucuSt /O , 1984 er n ma�Y y�1YAddress TO: THE PIAN6M CCIMISSM-N OF THE CITY OF NEWPORT THE NEWPORT BEACH CITY OOUNCIL RE: FAR WEST SERVICES USE PERMIT No. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnas The undersigned hanewner(s) vants() to go on record as being strongly opposed increase in the allowable occupancy of the existing Baxter's Restaurant ace t inn +n i-ha P-qFablvshment of a new These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Sae, increased traffic and increased noise. We strongly object to all of these. The noise would be not only fran patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle cmaunity Association about 17 years ago, and there has been a long list of complaints and objections. We are united in this position. There ar on Linda sle. c� XX off / Linda Isle Am t , 1984 er —sign n Address U TO: THE PLANNING COM'LISSION OF THE CITY OF DOMORT BEACH and_ THE NEWpoRT BEACH CITY COUNCIL BE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Ruben E. Lee Restaurnas Zile undersigned homeowner(s.) wants() to go on record as being strongly opposed to increase in the allowable occupancy of the existing Baxter'st s Reaurant aci ity a a� ., nrt _ anc3 t� the establishment of a new These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Lee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only fran patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle C=mmity Association about 17 years ago, -and there has been a long list of omlplaints and objections. We are united in this position. There are i n6banes on LindAZsle. _ ,, Linda TO: THE PLANNING CCRUSSICN OF THE CITY OF MIPORP BEACH and 1 I I••Y •M M •• M 9r.•.. �.•u150,.1�171AC'� RE: FAR ST SERVICES USE PER WEMIT NO. 3107, and related use permits for Reuben's and the Ruben E. Lee Restaurnas The undersigned hareamer (Q wants(). to go on• record as being strongly opposed to inr-•E+aae in the allowable occupancy of•the existing Baxter's Restaurant aei ity parking requirement bases on ••ne> pu4uu acres . These requests would result in increased use of the entire area, fran Baxter's to the Reuben E. Lee; -increased traffic and increased noise. We strongly object to all of these. The noise would be not only Fran patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. eolWe have been opposed to increased use of this above described area since the formation of our Linda Isle Cm=nity Association about 17 years ago,•and there has been a long list of cxmplaints and objections. We are united in this position. There are 106 hopes on Linda Isle. r ��FM��;�' TO: THE PLANNING C%MISSION OF THE CITY OF NEWPORT BEACH and THE NEWPOFT BEACH CITY COUNCIL r FROM: LTNDA ISLE HCMEONNERS RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnats The undersigned homeowner (a) wants.() to go on record as being strongly opposed to increase in the allowable L....o..c...c...u-.panyofhexstng or's Restaurant facility natr i-he establishment ot a new These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Lee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. KHM d to increased use of this above described area since the nda Isle Cmrunity Association about 17 years ago,•and there has laints and objections. We are united in this position.There n Isle. Linda Isle A u t 1484c�D K lb#9�idE y ess TO: THE PLANNING COM ISSICN OF THE CITY OF NEWPORT BEACH THE MMORT BEACH CITY COUNCIL RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. lee Restaurnas The undersigned homemmer.(s.) wants,() to go on record as being strongly opposed to increase in the allowable occupancy of the existing Baxter's Restaurant aca ty +he aa+ah'I, shment O a new on "net pub.u.c area:'. These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Leei increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during muddle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle Community Association about 17 years ago, and there has been a long list of complaints and objections. We are united in this Position. There are 10s on Linda Isle. ,, X `&I TO: THE PLANNING COMMISSION OF THE CITY OF b0NORT BEACH and THE NEWPORT BEACH CITY COUNCIL r. FROM: LINDA ISLE HCtoOWNEmB RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Ise Restaurnas The undersigned haneo mer(s) Wants() to go on record as being strongly opposed to increase in the allowable occupancy of the existing Baxter's Restaurant facility , . _ .-----____-- --- a,.,..,,,,. nA + +nP Psi-mahiishment of -a new These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Ise; increased traffic and increased noise. We strongly object to all of these. The noise would be not only fran patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our -Linda Isle cam pity Association about 17 years ago, -and there has ;been a long list f oanplaints and objections• We areunited an ttu s position. There 10 -Isl)nA )6/1 x !!S Linda Isle A1984 er --s name Address -_VW -- ---- --------���-------------__ -- T0: THE PLANNING CCMUSSICN OF THE CITY OF NEWPORT BEACH and I I I'•Y •.r a 4061111 �`�� � •• • 16• 11111'•. RE: FAR WEST SERVICES USE pMmT N0. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnats The undersigned haneaener(s) Wants(} to go on record as being strongly opposed to an increase in the allowable occupancy of the existing Baxter's Restaurant aca ty a new parking r0Qu1rH[IeLlt Dasea Un 11= t+�. , These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Ieei-increased traffic and increased noise. We strongly object to all of these. The noise would be not only fran patrons leaving the restaruants during middle"of-the- night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle Oxm mity Association about 17 years agot-and there has FareI106 a lon t laints and objections. We are united in this position. There da Isle. X Y Linda Isle Auc�t 1 1984 / 4rrrncx mere -s name _ i Address TO: THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH and THE NEWPORT BEACH CITY COUNCIL FROM: LLNOA Ism Hacu&W-RS RE: FAR MST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Lae Restaurnats The undersigned haneo+mer(s:) Wants,) to go on record as being strongly opposed to an: innrPase in the allowable occupancy of the existing Baxter's Restaurant acrlity +�h'I , ahrmn+ n a new parking requ renmit Uasea on - nez 1, u ��_ . These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Lee;•i.nereased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the forma of o Linda Isle Cmmunity Association about 17 years ago, and there has to of oanplaints and objections. We are united in this position. There ar 1&14a Isle. x Y 3 Ianda Isle AuauSt��, 1984 /` er --sign name Address _ TO: THE PIANNniG COM4ISSICN OF THE CITY OF NEWPORT BEACH and THE NEWPORT BEACH CITY COUNCIL RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use pendts for Reuben's and the Reuben E. Lee Pestaurnats The undersigned honeowner.W pants() to go on record as being strongly opposed to increase in the allowable occupancy of the existing Barter's Restaurant Xacilitv a These requests•.would result in increased use of the entire area, fran Baxter's to the Reuben E. Leer -increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. Vie have been opposed to increased use of this above described area since the foanation of our Linda Isle Omvuinity Association about 17 years ago, -and there has been a long list of oaplai.nts and objections. We are united in this position. There are 106 hones on Linda Isle. �r a n X Linda Isle Auau�t / g 1984 Hrnu�v+mer —sign name Address TO: THE PLANNING C)CMISSION OF THE CITY OF NEWPORT BEACH and THE NEWPORT BEACH CITY COUNCIL - FA 50 1 1� �41 ,�,il\IDI[s RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnats The undersigned haneowner.(a) Wants() to go on record as being strongly opposed to increase in the allowable ocowancv of the existinq Baxter's Restaurant aci itv a new on ,net P=iic area*,. These requests would result in increased use of the entire area, fran Baxter's to the Reuben E. Ise; increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and pick9ng'up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linccjjaa Isle ox:munity Association about 17 years ago, -and there has been a long list of ctnplaints and object-4ons. We are united in this position. There X'35 Linda Isle Auuit`8 , 1984 Address TO: THE PLANNING Ca44ISSICN OF THE CITY OF NEW 01U BEACH and FROM: LINDA ISLE Hacumms BE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnats The undersigned hameaanerEs:) Wants() to go on record as being strongly opposed to increase in the allowable occupancy ofthe existing Baxter's Restaurant facility z a A• +hA ac+ "siment of a new on "ner- pLw."u cuss . These requests would result in increased use of the entire area, fran BaxterIsto the Reuben E. Lee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during imi.ddle-of-the- night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. A We have been opposed to increased use of this above described area since the `. formation of our Linda Isle Comrunity Association about 17 years ago, and there has been a long list of -)cm -plain d objections. We are united in this position. There rHcmecwner 06t�dm a Isl X�(6(f Linda Isle AuQuSt / g 1984 Pddress --sign n To' THE PUMING CaVISSIM OF THE CITY OF NEWPORT BEACH and FROM: LLNM ISLE HOMEOWNERS BE: FAR VEST SERVICES USE PERMCT NO. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnats The undersigned hcmmmer(a) Wants() to go on record as being strongly opposed to increase in the allowable occupancy of the existing Baxter's Restaurant acr rty With on -sale alcoholic beverages and danchng, and to the establishment Or a new ..�vl., ..,, •rern„reron+ T',aaPfi nn "net nublic area These requests would result in increased use of the entire area, from Baxter's to the Reuben E. Lee; increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. C We have been opposed to increased use of this above described area since the formation of our Linda Isle c=mni.ty Association about 17 years ago, -and there has been a long list of omplaints and objections. We are united in this position. There nr= _ l nr 1rrt nn T. nda Isle. ,KS1` Linda Isle AtxTuSt )9 Address TO: THE PLANNING CCUNISSICN OF THE CITY OF NEWPORT BEACH and THE NEWPORT BEACH CITY COUNCIL Elm: LINLIA ISLE HCMECREW RE: FAR VAST SERVICES USE PERMIT No. 3107, and related use permits for Reuben's and the Reuben E. Iee Restaurnats The undersigned haneownen(s) Wants() to go on record as being strongly opposed to any increase in the allowable occupancy of the existing Baxter's Restaurant aca ity wv.th on -sale alcoholic beverages and dancing, and to the establishment o a new parkingrequirement• based on 'net pu lic area". These requests would result in increased.use of the entire area, from Baxter's to the Reuben E. Lee; -increased traffic and increased noise. We strongly object to all of these. The noise would be not only from patrons leaving the restaruants during middle -of -the - night hours, but also from service trucks that arrive early in the morning making deliveries and picking up garbage, and from increased motor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle cormunity Association about 17 years ago, -and there has been a long list of ommplaints and objections. We are united in this position. There are 106 homes on Linda Isle. 5) � � X 3s Linda Isle Aumlt/ % , 1984 /� HarK�ormer --siqn name Addr, TO: FROM: SUBJECT: Planning Commission Meee,ng September 20, 1984 Agenda Item No. CITY OF NEWPORT BEACH Planning Commission Planning Department Use Permit No. 3107 (Continued Public Hearing) 1 Request to increase the allowable occupancy of the existing Baxter's Restaurant facility with on -sale alcoholic beverages and dancing, and to establish a new parking requirement based upon "net public area". The ,proposal also includes the approval of a comprehensive parking plan with additional parking spaces, involving the adjoining parking areas for the Reuben E. Lee and Reuben's Restaurants and the adjoining marina operation. A modification to the Zoning Code is also requested so as to allow a portion of the restriped and expanded parking area to include compact parking spaces. LOCATION: Lot B of Parcel Map No. 16-10 (Resubdivision No. 249) (i.e. restaurant site), located at 333 Bayside Drive, on the southwesterly corner of Bayside Drive and East Coast Highway, across from the De Anza Mobile Home Park. ZONE: C-1-H APPLICANT: Far West Services, Inc., Irvine OWNER: The Irvine Company, Newport Beach Background At its meeting of August 23, 1984, the Planning Commission continued this item to its meeting of September 20, 1984, to allow the applicant additional time to redesign the off-street parking areas so as to provide a greater amount of landscaping and to further review with the City Traffic Engineer, the placement of compact and handicap parking spaces. The Planning Commission also requested additional information concerning the parking requirements for Reuben's and Reuben E. Lee Restaurants, based on current parking formulas. Revised Parking Designs The applicant has submitted two revised parking plans for the subject property, which provide increased landscaping within the parking area. Plan "A" provides approximately 7.8 percent of the parking area in landscaping. with a total of 419 parking spaces, whereas Plan "B" provides approximately 8.5 percent landscaping with 409 parking spaces. The major difference in the two plans is that Plan "B" utilizes five previously TO: P?,ling Commission - 2. .t designated parking spaces for additional landscaping and retains the existing parking layout and landscaped areas located southerly of the Baxter's Restaurant. Said parking area currently provides 12 parking spaces, whereas Plan "A" provides 17 spaces in the same area. Based upon a total combined parking requirement of 421 parking spaces for all uses on the subject property (see Table on page 4 of attached staff report of August 23, 1984), Plan "A" is deficient by 2 parking spaces and Plan "B" is deficient by 12 spaces. When these deficiencies are applied directly to Baxter's Restaurant, Plan "A" provides parking at a rate of one parking space for each 42 sq.ft. of "net public area" and Plan "B" provides one parking space for each 50 sq.ft. of "net public area". It is staff's opinion that one parking space for each 42 sq.ft. of "net public area" will be adequate in this case, and further, that a substantial portion of the parking spaces for the Marina and Yacht Broker facilities will be available for restaurant patrons during the night time peak hours of operations. Proposed Compact and Handicap Parking Spaces As suggested by the Planning Commission, the applicant has relocated the compact parking spaces to areas of the site which are adjacent to the Marina or in front of the existing restaurants. In addition, the percentage of compact parking spaces for each parking plan has been slightly reduced (Plans "A" and "B" each have 24 percent compact spaces), whereas previously 25 percent of the required parking was for compact cars. The parking plans also show 2 handicap parking spaces for both the Baxter's and Reuben's Restaurants, and 4 handicap parking spaces for the Reuben E. Lee Restaurant, as required by Code. Reciprocal Parking Agreement In light of the numerous signatures involved in the required reciprocal parking agreement, the Planning Commission has requested that a time limit be established in which the applicant shall obtain such signatures. It is staff's opinion that 90 days from the effective date of the City's approval of this application should be adequate time to obtain the required signatures. The applicant has no objections to such a time limit. Parking Requirement for Reuben's and Reuben E. Lee Restaurants As indicted in the previous staff report, both the Reuben's and Reuben E. Lee Restaurants have a current parking requirement based on one parking space for each three seats. However, if said restaurants were established in accordance with the current restaurant parking requirement of one parking space for each 40 sq.ft. of "net public area," the parking requirement for Reuben's would be 72 parking spaces (2,880± sq.ft. - 40 = 72 spaces) and for the Reuben E. Lee, 166 parking spaces (6,660± sq.ft. e 40 sq.ft. = 166.5 or 167 spaces). It should be noted that the "net public area" figures used in the above calculations are estimates based upon the permitted number of seats and the related maximum allowable occupancies for each restaurant as established by the Uniform Building Code and Fire Code. TO- P14...iing Commission - 3. A total of 299 parking spaces would be required for all three restaurants on -site based upon one parking space for each 40 sq.ft. of combined "net public area". Four hundred and forty-eight (448) offstreet parking spaces would be required for all of the existing uses on -site under current parking standards. Letter From Mr. Lee Sammis Attached for the Planning Commission's information is a letter from Mr. Lee Sammis in which he makes several comments and suggestions concerning the lack of on -site landscaping within the off-street parking areas associated with the subject application. Although staff generally concurs with Mr. Sammis' comments, it should be pointed out that at the time the subject property was developed in 1964, there was considerably less concern on the part of the City and the Irvine Company regarding the application of design standards such as 20 foot wide perimeter landscaping, 15% landscaping of parking areas, and screening of all parking areas. It is staff's further opinion that to apply such standards at this time would be unreasonable and would result in a substantial loss of on -site parking spaces. As discussed previously, the applicant has submitted two revised parking plans which provide substantially more landscaping throughout the entire parking area. Plan "A" has a total of 11,800t sq.ft. of landscaping (7.8 percent), and Plan "B" has 12,900 sq.ft. (8.5 percent). It is staff's opinion that inasmuch as Plan "A" provides more parking spaces, and the amount of landscaping between the two plans is negligible, Plan "A" is more desirable overall. Recommendation Staff continues in its recommendation of approval of the subject application and suggests that the Planning Commission approve Use Permit No. 3107 subject to the revised site Plan "A" and the findings and conditions outlined in the attached Exhibit "A". Should the Planning Commission wish to deny this application, the findings outlined in Exhibit "B" are suggested. PLANNING DEPARTMENT JAMES D. HEWICKER, Director W. William Ward Senior Planner www:dvh Attachments: Exhibit "A" Exhibit "B" Original Staff Report dated August 23, 1984 with attachments Letter from Lee C. Sammis dated August 29, 1984 Sample Statement of Opposition from Linda Isle Homeowners Revised parking plans and proposed landscaping plans TO: Planning Commission - 4. EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3107 FINDINGS: 1. That the existing development is consistent with the General Plan; the Land Use Plan of the local Coastal Program as conditionally certified by the Coastal Commission and accepted by the City Council; and is compatible with surrounding land uses. 2. That adequate off-street parking is being provided for the increased occupancy of the subject restaurant. 3. The Police Department has indicated that they do not contemplate any problems. 4. The proposed number of compact car spaces constitutes less than 25 percent of the parking requirement which is within limits generally accepted by the Planning Commission relative to previous similar applications. 5. That the approval of Use Permit No. 3107 and the use of compact car spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. CONDITIONS: 1. That development shall be in substantial conformance with the approved plot plan designated as "Scheme A", and floor plan, except as noted below. 2. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 3. That the provisions and conditions of approval for Variance No. 941 are no longer in effect. 4. That a minimum of one parking space for each 42 sq.ft. of "net public area" shall be provided for Baxter's Restaurant. 5. That a reciprocal parking agreement shall be provided for the combined use of parking involving all of the parking areas shown on the approved site plan. Said agreement shall be subject to the review and TO: Planning Commission - 5. approval of the City Attorney, and shall be fully signed and recorded within 90 days from the effective date of the City's approval of Use Permit No. 3107. 6. That the number of compact parking spaces in the combined parking area shall not exceed 24 percent (98 spaces) of the total combined parking requirement. 7. That the hours of the restaurant operation shall be from 7:00 a.m. to 12:00 midnight Sundays through Thursdays, and 7:00 a.m. to 2:00 a.m. Fridays and Saturdays, unless the City adopts other regulations in which case said hours of operation shall apply. S. That the playing of prerecorded music shall be permitted only within the building, and all windows and doors within the restaurant shall be closed during such activity. 9. That all trash areas shall be shielded or screened from public streets and adjoining properties. 10. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department, and the approval of the Planning Department. 11. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 12. That any proposed landscaping adjacent to the public right-of-way be approved by the Public Works Department. 13. That the Planning Commission may add and/or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. , TO: P !ning Commission - 6. _. EXHIBIT "B" FINDINGS FOR DENIAL USE PERMIT NO. 3107 FINDINGS 1. That the proposed increased allowable occupancy represents an intensification of the existing restaurant use. 2. That said restaurant will require a greater amount of parking and generate more traffic than the present restaurant operation. 3. The proposed parking facilities are inadequate for the total combined use of the subject property. 4. That the establishment, maintenance or operation of the use or building applied for will, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. lip Y1e1A117")O*O.M4,P mi... L, III YAP Y0 U HL YAI 10 RICTING--- MAP---CITY---OF---NEWPORT----BEAC�! --CAI.IFORI�I�A .q..tl0urlll pfll11L1 Opt1110 •ur.—Prt—i MRIYw IWo _mEVISIONS uRYW11T� talHilOff OPC •� .eu.w_ urt wW} DlfiflL} rC�D� LIYIHD iOYY[fi1K •YYt1Yli 11u.0" IK PfT1DCT „� .• �� � i� � e.L MOJM P al.w R J•�- 140LM,�K 1�f,M[T C C•1� L,40, LOYYLIICIK Dlfffltl ,�,Ir ilp ^ +• �I•••• I Y.II.,IKI f[YDCIITILt � G•L� DfNL11K COYYLLCIK OIfT111R Mf •rmK i ;w•Rw w•• �„fir —�W D A) :OD l0, KI ftIIK MRMLT T 1' L— 'J IY,oPDDurt M1nDer We1W . YIi,iO A,YYfi ry :'P is afP ..Ir I.ii.fi '»_ w� i.l nY i`.Y,L= •'Y = fr p 'L� Mf}fIR Y —J PKLf1MIlL0 DIfTMLT L� �iY\I�.Y•IY thirtieth street architects inc. July 6, 1984 Mr. James Heaicker Director of Community Deveiopment City of Newport Beach 3300 Newport Boulevard Newport Beach, Calif. 92663 Re: Baxter's Newport, Use Permit Application Dear Jim, The following is a detailed explanation of the above referenced Use Permit Application. The intent of this application is to remove the occupant load restriction of 105 patrons at Baxter's Restaurant by providing additional parking to meet the current code requirement of 60 spaces for a restaurant with a net public area of 2393 sq.ft. She additional parking will be provided via two means: 1. Re -striping of the existing entire commercial parking lot train the Insurance Agency to the Reuben E. Lee, subject to the formal written approval.of the lessees of The Irvine Company that hold ,a leasehold interest in the affected parcels: 2. The paving and striping of an additional triangular shaped land parcel adjacent to the Back Bay Bridge that reverted to Rhe Irvine Company as a result of the realignment of the Newport Bay Bridge. A complete parking summary and site plan is attached to further clarify this proposal. It is understood that, subsequent to Planning Commission approval, reciprocal parking agreements will be required by and between The Irvine Company and its lessees that are not covered'by reciprocal parking agreements. In addition to these parking revisions the applicant proposes the following changes, improvements, or studies: A. Baxter's agrees to eliminate live entertainment permanently. B. Baxter's agrees to limit hours of pre-recorded music presentation and dancing to: Sunday thru Thursday 12:00 PM Friday and Saturday 1:30 AM 14 architecture historical rehabilitation planning 2821 newport blvd. newport beach, california 92663 (714) 673-2643 } 1 Note that Baxter's proposes to remain -open until 2 AM for cocktail service. C. Far West Services agrees to hire an Acoustical Engineer to evaluate the existing sound attenuation capacity of the the existing building assembly and provide on -site test -data of internal and external sound levels during peak hours of usage. If recommended by the Acoustical Engineer, Far West Services will make all reasonable physical improvements to help mitigate external sound transmission. D. Far West Services agrees to install two bollards and chain restraint adjacent to the drive entry at the Insurance Building to restrict usage of tnis parking in the late evening.. Please find attached a detailed parking sunmary for your review. If you have any questions or comments regarding these matters, please feel free to contact -me. Oaixr l yours,. I,00mti CITY OF NE"'ORT BEACH PLANNING DEPARTMENT July 25, 1984 TO: Bill Laycock, Current Plannin inistrator Bill Ward, Senior Planner FROM: Sandy Genis, Associate Planner SUBJECT: Reuben's/Baxter's Parking Expansion It is my understanding that the parking area serving the Baxter's/Reuben's complex is being expanded because additional spaces will be needed to serve the additional seating at Baxter's. It is understood -that parking for the various establishments on the site is in a common area. Therefore, .any individual space would not be said to be serving Baxter's, although the parking lot enlargement is being'proposed in response to the increased seating at Baxter's. As noted in the Plan Review Request for the Reuben' s/.Baxter's project, the area shown for parking expansion is designated Recreational and Marine. Commercial under both the Land Use Element of the General Plan and the Local Coastal Program Land'Use Plan. The General Plan does not specifically address this parcel. However, the LCP specifically designates this parcel for use aE a boat launching facility. The LCP also states that development of the. boat launching facility "Shall not preclude construction of a marina office." This language was added in consideration of The Irvine Company's plans to enlarge the marina office to accommodate the California Recreation Company operation on the adjacent site between Reuben's and the Reuben E. Lee. This addition might require that some of the t.87 acres'be used as support parking for the marine offices.' It is not intended to allow use of the site to help satisfy parking requirements for an expanded restaurant, even if the restaurant patrons may not be using the new spaces per se, but parking elsewhere in the joint lot. Thus, such use would not be in accordance with the LCP. At the time the new PCH bridge was constructed and the old right-of-way reverted back to The Irvine Company, it.was understood that this parcel would be used for construction of a boat launching facility that would replace the facility being eliminated by the new bridge alignment. The new facility would have the advantage of being on the ocean side of the bridge and therefore more attractive for sailboats. This facility could also help to relieve pressure on some of the other lower bay launching facilities, including street ends and the 18th Street beach. These areas are used extensively for hand -launching of catamarans and other small sailboats. 11 ! • t service commanu June 15, 1984 Mr. Bill Laycock, Current Planning Administrator Department of Planning -City of Newport Beach 3300 Newport Boulevard Newport Beach, CA. 92663 RE: LINDA ISLE COMMUNITY ASSOCIATION Dear Mr. Laycock: The Board of Directors has received several complaints from residents regarding the level of noise of the music played at Baxter % 333 Bayside Drive. The level of noise, and time of night that it is played, seems to show a lack of concern on the part of the management of Baxter's as to the right to quiet enjoyment,•especially during normal sleeping hours, of Linda Isle residents who have lived across the channel longer than Baxter's has been in existance. The Board has learned of a permit or license that Baxter's is currently seeking especially for playing music. On behalf of the affected homeowners, the Board requests that no such permit or license be granted until Baxter's addresses the problems of noise levels and scheduling and resolves them to the satisfaction of all affected homeowners. If there is no permit or license.currently being applied for, the Board requests you to investigate this problem and help to bring about a satisfactory resolution. Thank you, in advance, for your prompt attention to this matter. If you have any questions, do not hesitate to contact me. Sincerely, MANAGEMENT SERVICE )f Directors AAA/ac cc: Board of Directors RECEIVED (� Planninp, Department JUN 211984 � CITY OF NEWPORT UACK CALIF. �. 1234 East Normandy Place • Santa Ana, California 92705 0 (714) 973-1136 31 J 17922 Fitch Avenue, Suite 100, Irvine, California 92714 (714) 863-1121 August 29, 1984 a ;\ Fy Vt EIVED Plannin6 D�Pa2ment Planning Commission S EP 7 1984 n City of Newport Beach Z Y Of P. 0. Box 1768 ctrT Newport Beach, CA 92658-8915 \ ryEWF>BEACN. CALIF. Attn: Members of the Planning Commission O Re: Baxters/Reubens/Reuben E. Lee Use Permit (For West Services Application #3107 on property located at 333 Bayside Drive) Dear Members of the Planning Commission: Thank you very much for your attention and the opportunity to present before you some thoughts towards establishing some reasonable "conditions" as a prerequisite to the allowance and granting of "intensification of use" by the above named restaurants, and the uninterrupted contiguous parking area which serves them. These suggestions are expressed by myself alone, as an adjacent resident, and as an'interested citizen. We're talking about a pending "action" that not only affects and encom- passes Baxter's Restaurant, but in fact, all three restaurants. This is certainly one of the key properties within our City, and it repre- sents a real "window" to the broadest viewing point in our beautiful Bay. I have observed these restaurants since their inception, and remain amazed at the apparent lack of any discernable application of design standards whatsoever as to the flatscape and yard areas encompassing these restaurants, from the point of initial construction (as they were granted permits) on through today..... What we're looking at is a veritable sea of automobiles and asphalt, relatively unbroken by any form of "green" landscaping intrusion, within the parking area itself, or on the very important peripheral image points. Take a look at it sometime, and I think that you will agree that, somehow or other, the development, as it transpired, was a far cry from meeting existing planning standards of record at the time within Newport Beach, and is most certainly worlds apart from the standards that exist today. IRVINE CONCORD - SACRAMENTO Members of -�3 August 29, Page 2 the Planning Commission 1984 The Applicant is "asking for something new," and all I'm suggesting is that the timing would seem opportune, since the Applicant has not seen fit over the years to alleviate the above described situation of his own volition, for the City at this time to insist on the application of reasonable stan- dards as a prerequisite to fulfillment of the "action" which they have filed. I'm guessing, this application aside, that if one dug deep into the files, we would find that the original conditions for development have not been met, and have not been enforced. I'm amazed also, since the ground is owned by Irvine, that there were not very stringent conditions placed upon the lessee by the lessor (The Irvine Company) from the beginning, as they are very conscious of wishing to produce an aesthetic and pleasing develop- ment. As mentioned before the Planning Commission, I only realized that this matter was the subject of a Public Hearing several hours before. I did, during the first part of the Hearing, scribble down some conceivable "Conditions" for your consideration, which I read to the Commission. It k d th t I ..vide this to the Planning Director, which I have had was as e a p typed up and which is enclosed; herewith. "4 I am pleased to be involved in this situation, sort of as .an "advocate at large," as I sincerely feel that this goes far beyond any consideration of Linda Isle residents and, really, the feelings recited above, I feel, are of concern to all of the citizens of our City. The City has given the Applicant a'lot over the years, by approving this use in an environmentally sensitive location and by allowing the restaurant activities to continue in operation, even though they have been at variance with local ordinance and planning standards that prevail. "For example, the allowance of the "boat restaurant," the Reuben E. Lee itself, represents quite a departure from the norm and, by its allowance by the City, provided a very unique and singular opportunity for the Applicant to monopolize a key location on the Bay. They have certainly done a nice job with the boat itself. I'm for it, but there is no excuse for continually looking sideways at the lack of standards which exist and, in fact, there should be even more reason that the Applicant itself, having been,the recipient of the City's munificence, should of its own accord make every effort to make this gorgeous setting as environmentally and aesthetically pleasing as possible, with respect to their customers, to the thousands of others that pass by this location on a daily basis, and to the City populace itself. Again, thanks for you interest and attention. µr � • • /N•'•.`Yw,;i�h�• .y. �. �. 1'4 ."JI �tV'Y' fi }t1.J � y. •I. � ..'�•jb'' '4J •�� �.? C'�F ;•'n -. }''Y t ll it; t. •��:: �j {n i' :'u .J Jam; 3.•-', •^nod•.., ••'F1 :i,.�X+••uc'. 73..., Members of the Planning Commission August 29, 1984 Page 3 I would like to take some photos of the area in question to assist in iden- tifying the issue, and perhaps provide some prints of existing projects in other areas which show a standard of landscaping criteria as a conceivable example of what might reasonably be achieved within the parking areas and along the periphery at the Baxter's/Reuben's location. I'll try to get out and do this and will send you copies for your interest when available. As a real estate developer, I am very conscious of the desirability and need for proper treatment in this regard. In'every location where we are involved, there are rather stringent standards existent and, from our own outlook, a concerted effort to achieve a proper developmental standard in the design and layout of•parking and peripheral areas, and the landscaping treatment thereof, pays big dividends in maintaining happy tenants, as well as in enhancing the economic return and the Tongevity of particular project. Many thanks for your consideration. Respectfully, L e G. Sammis Enclosure 42/2.5, SUGGESTED "CONDITIONS" TO PROPOSED GRANTING.OF A USE PERMIT (No. 3107) TO FAR WEST SERVICES ON PROPERTY LOCATED AT 333 BAYSIDE DRIVE 1. That landscaping of at least 15% of the parking area be provided, not -to include landscaping required for front, side and rear yard peripheral areas, which shall require a 20 foot fully landscaped set- back. 2. That one (1), twenty gallon canopy type shade tree be provided for every four (4) parking stalls; that the trees must be clustered with at least two (2) trees per grouping. 3. Screening: All parking areas shall be screened from view from adjacent properties and streets, using walls, berms, and/or evergreen landscaping. (This is a tough one, in that the existing development has taken place with relatively little concern for "screening," but this suggested pro- viso is certainly a very common condition that applies in so many high quality areas these days. It's worth looking at, with the thought that a multiple approach, employing some of the above techniques, could be a very large assist in this situation towards providing a better face to adjacent streets and to the bay itself. • Perhaps a combination of mini- mum height walls, some berming, and certainly a goodly amount of evergreen landscaping, would be of immeasurable influence in reducing the objectionable nature of the area as it exists today). 4. That no additional compact spaces be allowed, and that no tandem parking be allowed. 5. That the bridge approaches and slopes be landscaped with twenty-five -gallon canopy type or full type evergreen trees, with appropriate , ground cover. :F';. : ;: y. !•;.; "•� 6. That the Applicant be responsible forcbnstructing the missing link of wall on the south side of Coast Highway..... (It can be noticed that the bridge itself has a retaining. and safety wall along its length, and then there is a gap along Coast Highway with no wall at all, and then the wall picks up again as you get towards the corner of Bayside Drive. This wall is extremely helpful in diminishing the "noise pollution" factors and acts as a reasonably good vision enhancement to the steady stream of traffic that plies Coast Highway.) 7. That double striping be provided for all parking spaces. 8. That no playing of music be allowed, except inside the building, with the doors and windows closed. • • a�'^.�a•.1��'i. �% `'Fri • �' u•�'o .•� ':.�{S:'�{ •V'• I''3, • p.'i . r+s'YIC('siJ;n :'+.• 1� r.N SUGGESTED CONDITIONS PAGE TWO 9. Hours of operation(?) (Note: It's unusual indeed to have restaurant/cocktail/entertainment operations of this sort across from absolutely prime residential... in this case a very lengthy string of three restaurants. Noise is admittedly a problem from time to time from the restaurants themselves, and constantly from customers in the parking lot, particularly so during the wee small hours of the morning, which is disconcerting. A partial answer to this, particularly as regards the latter aspect, would be to cut back the operating hours of the restaurants. There are other ways, however, to reduce the sound impact, and I think that the landscaping consideration, if accomplished by an expert in this field, could serve well to diminish a good deal of this sound attenuation, while doing its aesthetic job of softening the hardscape and the landscape itself. Certainly the wall mentioned above would serve to reduce the sound attenuation, as would some reasonably planted berming along the bayside, which might be accompanied by a small landscaped wall on top of the berm. If the Operators were really sincerely interested in attempting to alleviate the concerns stated above and were willing to really attack this problem with good-hearted vigor, I for one, as a trade-off in the sense of fair play, would remove any suggestion that the hours of operation should be restricted to twelve midnight at Reubens and the Reuben E. Lee.) 10. Parking space/aisle dimensions: that all ninety degree car spaces be a minimum of nine (9) feet by nineteen (19) feet; all compact spacing at eight (8) feet by sixteen (16) feet; all aisles a minimum of twenty- five (25) feet. For diagonal parking, depending upon the angle involved, commensurate type spacing should be provided; however, some reduction in aisle dimensions would be appropriate. ' Those were the items read before the Planning Commission by myself, and I feel that these conditions are representative of the type of standard that would go far towards mitigating what exists now as a most untenable situation, and one which I assume is at variance with the initially approved standards of development, as well as with existing standards of development. It was mentioned at the public hearing that violations had taken place for a period of time. I would be extremely interested in knowing just what sort of CC & R's and deed restrictions and conditions are existent, as provided by Irvine, governing the standards of development, as well as the 56 SUGGESTED CONDITIONS PAGE THREE r conditions imposed initially, and the then prevailing zoning and land use ordinances for Newport Beach, when these restaurants were granted building permits. I do not have in my possession a copy of the current City ordi- nances and have ordered same, but accordingly, cannot make a comparison in that regard. Again, my thanks for your consideration in this matter. 38/10 I 1, 3� CHABOT CENTER/4637 Chabot Drive !1 A three-story, garden office building on 4.028 acres 12 Rentable space available from 1,000 square feet First Floor Area — 27,734 sq. ft. Second Floor Area — 27,868 sq. ft. Third Floor Area—16,387 sq. ft. TOTAL — 71,989 sq. ft. 0 300 on -site parking spaces (1 per 248 sq. ft.) IS Extensive landscaping and berming covers 30.5% of site 0 2,723-square-foot outdoor deck opens to 3rd floor offices M Available Summer,1983 SITE PLAN 1•- r- I., ,C °- STONERIDGE DRIVE r 3 ------VAlk - �, �1i•fi� i.ii s�•:r :�� .*� „��� _�, �; I- It1 +' It cr , , r, i c Nn •. . LEE SAMMIS COMPANY LEASON POMEROY I TO: 783E PLANNLTQG CQ+i1ISSICN OF THE CITY OF NEWPORT BEACH and FROM: LUSMA ISLE HCMEaZWS RE: FAR WEST SERVICES USE PERMIT NO. 3107, and related use permits for Reuben's and the Reuben E. Lee Restaurnats The undersigned haneowner(s.) wantsO to go on record as being strongly opposed to any increase in the allowable occupancy of the existing Bati-ter's Restaurant facility with on -sale alcoholic beverages and dancing, and to the establishment of a new arking r pequ=ement based on "net p lic area'. These requests would result in increased use of the entire area, frcm Ba...rter's to the Reuben E. Lee, increased traffic and increased noise. We strongly object to all of these. The noise' -would be not only fran patrons leaving the restaruants during middle-cf-the- night hours, but also from service trucks that arrive early in the rmrning making deliveries and picking up garbage, and from increased :rotor traffic in general. We have been opposed to increased use of this above described area since the formation of our Linda Isle Cmmunity Association about 17 years ago, and there has been a long list of ccniplai.nts and objections. We are united in this position. There ar 106 on da Isle. ..-/K_5'YLinda Isle Aug1t 1984_ f �flaneoarier --sign name Addros sa4 o o� 28 AvMMS sdSW177 Planning Commission Meet! August 23, 1984 Agenda Item No. 3 CITY OF NEWPORT BEACH TO: Planning Commission FROM: Planning Department SUBJECT: Use Permit No. 3107 (Continued Public Hearing) Request to increase the allowable occupancy Of the existing Baxter's Restaurant facility with on -sale alcoholic beverages and dancing, and to establish a new parking requirement based upon "net public area". The proposal also includes the approval of a comprehensive parking plan with additional parking spaces, involving the adjoining parking areas for the "Reuben E. Lee" and "Reuben's" Restaurants and the adjoining marina opera- tion. A Modification to the Zoning Code is also requested so as to allow a portion of the restriped parking area to include compact parking spaces. LOCATION: Lot B of Parcel Map No. 16-10 (Resubdivision No. 249) (-i.e. restaurant site), located at 333 Bayside Drive, on the southwesterly corner of Bayside Drive and East Coast Highway, across from the De Anza Mobile Home Park. ZONE: C-1-H APPLICANT: Far.West Services, Inc., Irvine OWNER: The Irvine Company, Newport Beach Application This application is a request to increase the allowable occupancy of the existing "Baxter's" restaurant facility with on -site alcoholic beverages and dancing, and to establish a new parking requirement based upon "Net Public Area". The proposal also includes the approval of a comprehensive parking -plan with additional parking spaces, involving the adjoining parking areas for the "Reuben E. Lee" and "Reuben's" Restaurants, the Balboa Marina operation and the former Islander Furniture Store. In accordance with Section 20.30.35,B,4 of the Newport Beach Municipal Code, changes'in the operational charac- teristics of a restaurant requires the approval of a use permit. A modification to the Zoning Code is also requested so as to allow the use of compact parking spaces for a portion of the required off-street, parking requirement. Use permit procedures are set forth in Chapter 20.80 of the Municipal Code and modification procedures are set forth in Chapter 20.81. 3 i TO: P �.ning Commission - 2. _ Environmental Significance This project has been reviewed, and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the requirements of the California Environmental Quality Act. Conformance with the General Plan and the Adopted Local Coastal The subject property is designated for "Recreation Marine Commercial" uses by the Land Use Element of the General Plan and the Local Coastal Program. The existing restaurant is a permitted use within this designation. Subject Property and Surrounding Land Uses The subject property is presently developed with a•commercial building containing the "Baxter's" Restaurant and professional office uses. To the north, across East Coast Highway, is the De Anza Mobile Home Park and Pearson's Port Boat Storage; to the east, across Bayside Drive, is an automobile service station; to the south is the Linda Isle resi- dential area; to the southeast is a retail/office building (formerly the Island Furniture Store); and to the west is the "Reuben's" Restau- rant. Background This item was continued from the August 9, 1984, Planning Commission meeting so as to allow the applicant additional time to redesign the proposed parking plan without using the old East Coast Highway right-of-way. Such a requirement was the result of a land use re- striction established by the Land Use Plan of the Local Coastal Program which designates said property for a boat launch facility (see attached memo from Sandy Genis dated July 25, 1984). The subject restaurant was established prior to the general use permit requirement for restaurants which was established in 1975. However, on May 16, 1968, the Planning Commission approved variance No. 941 which was a request to waive 10 parking spaces for the combined use of the property, involving the subject restaurant, containing 105 seats; the Islander Furniture Store containing 7,500 sq.ft.; and professional offices containing 3,673 sq.ft. The total -combined parking require- ment for the three uses was 80 parking spaces. It was the Planning Commission opinion that the nature of the furniture store use was such that the maximum clientele at any one time would not be likely to require parking in proportion to the square footage. In addition, the office and furniture store were closed after 5:00 p.m.; therefore, 70 parking spaces was considered to be adequate. TO: P1anrA-.ig commission - 3. At it's meeting of December 17, 1970, the Planning Commission denied Variance No. 941 (Amended), which included a request to expand the seating capacity of the subject restaurant from 105 seats to 182 seats. It was the Planning Commission's opinion that the requested increase in the number of seats was an intensive over use of the property. At its meeting of February 22, 1971, the City Council sus- tained the action of the Planning Commission and denied the appli- cant's appeal of Variance No. 941 (Amended). Required Off -Street Parking The existing restaurant contains approximately 2,393 sq.ft. of "net public area and includes a full service bar, live entertainment, and dancing. Based on the current restaurant parking requirement of one parking space for each 40 sq.ft. of "net public area", 60 parking spaces are required for the subject restaurant. The Planning Commis- sion, pursuant to Section 20.30.035 B(4) of the Municipal Code, may increase or decrease the parking requirements of a restaurant within a range of one space per 30 sq.ft. of "net public area" (80 spaces) down to one space per 50 sq.ft. of "net public area" (48 spaces). Based on the operational characteristics of the subject restaurant, it is staff's opinion that one parking space for each 40 sq.ft. of "net public area" (60 spaces) will be adequate off-street parking. In addition to the restaurant use, there is approximately 3,673 sq.ft. of office use on the property which requires 15 parking spaces based on one parking space for each 250 sq.ft. of "net floor area". The total parking requirement for the subject property is therefore 75' parking spaces. Proposed Off -Street Parking Plan in order to satisfy the additional parking requirement, the applicant has developed a comprehensive parking plan which includes the subject property; the adjoining parking areas for the "Reuben E. Lee" and "Reuben's" Restaurants; the Balboa Marina parking area; and. the parking area for the retail/office commercial building (formerly the Islander Furniture Store). As shown on the existing site plan (copy attached), there are 380 parking spaces presently located on the subject parcels. Twenty-two percent, or 84 parking spaces, are compact size spaces. The applicant proposes to restripe and expand the existing parking areas so as to provide a total of 423 parking spaces as shown on the proposed site plan (copy attached). Said parking would be available to all of the uses on the combined parking site and would be con- trolled by means of a reciprocal parking agreement. The following table outlines the existing parking requirement for each of the uses to be included in the overall parking plan. TO: Pln ling Commission - 4. c Use Parking Formula No. Spaces 1. Retail/office building 1 space for each 30 (7,500 sq.ft.) 250 sq.ft. 2. Reuben's Restaurant 1 space for each 64 (192 seats) 3 seats 3. Reuben E. Lee 1 space for each 148 Restaurant (444 seats) 3 seats 4. Balboa Marina 1 space for each 99 (132 slips) .75 slips 5. Yacht Broker 1 space for each 5 building (1250t sq.ft.) 250 sq.ft. 6. Subject property a. Office (3,673 sq.ft.) 1 space for each 15 250 sq.ft. b. Baxter's Restaurant 1 space for each 60 (2,393 sq.ft. of "net 40 sq.ft. of "net public area") public area" Total parking required 421 spaces Proposed parking 423 spaces Excess spaces 2 spaces Compact Parking Spaces As indicated in the previous table, the total combined parking re- quirement for the various uses is 421 parking spaces; 316 are standard size spaces and 105 are compact spaces, which represents 25 percent of the total required parking. The two spaces in excess of the parking requirement are compact size spaces also. Staff has no objections to the use of compact parking in this case, inasmuch as said parking spaces do not exceed 25 percent of the total required parking. Hours of Operation As indicated in the attached letter from the applicant's architect, Baxter's Restaurant is proposing to discontinue the previous live entertainment on a permanent basis and to limit the use of pre-recorded music and dancing to 12:00 midnight Sunday through Thursday, and 1:30 a.m. on Friday and Saturday. The existing restau- rant currently operates from 7:00 a.m. to 2:00 a.m. daily. It should be noted that no change to the existing hours of operation as applied to the service of alcoholic beverages and food are planned by the applicant at this time. la TO: Pla• .ig Commission - 5. lip of In the past, the City has been confronted with problems stemming from the operation of restaurants located near residential neighborhoods. The principal problems are noise and parking, and the majority of complaints have been associated with restaurants that have inadequate parking on -site, emphasize the sale of alcoholic beverages, and/or remain open until the early morning hours. Therefore, at its meeting of July 9, 1984, the City Council directed the City Attorney to prepare possible revisions to the Zoning Code regarding operational characteristics of restaurants located within 200 feet of residential districts, it is anticipated that the new regulations will impose closing times that are consistent with those previously imposed by the Planning Commission and the City Council in conjunction with restaurants which have been in close proximity to residentially classified property. Said closing times are 12:00 midnight Sundays through Thursdays and 2:00 a.m. Fridays and Saturdays. Although the subject restaurant is located slightly over 200 feet from a residential zone (Linda Isle), the only separation is an open body of water 225t feet wide. For this reason, staff suggests that this project be conditioned so as to require the subject restaurant to conform to the new limitations that may be adopted by the City in the near future. Compatibility with Surrounding Residential Uses Attached for the Planning Commission's information is a letter from the management agency for the Board of Directors of the Linda Isle Community Association which indicates that they have received several complaints from Linda Isle residents regarding late night noise from music being played at Baxter's. In order to address this problem, the applicant has prepared a noise survey (copy attached) which provides on -site test' data of internal and external sound levels during peak hours of the restaurant operation. As indicated in Section 3. of the Noise Survey Report (Existing Noise Levels), exterior noise levels measured from the boat docks, located approximately 100 feet from the nearest dwelling unit on Linda Isle and 100± feet from Baxter's Restaurant, were in the low 40s dBA. It should also be noted that said noise levels would have been slightly lower (approximately 2 or 3 dBA) if the sound measurements had been taken at the nearest residen- tial property line which is approximately 225 feet from the restaurant building. Noise measurements were not taken from Linda isle inasmuch as the management agency for the residential community denied the applicant access to the island for that purpose. It is staff's opinion that, based on the submitted noise survey, existing noise levels from the restaurant are below the accepted 55 dBA measured at residential property line, and no further noise reduction measures should be required. However, should the Planning Commission wish to require additional noise reduction, Section 4. (Mitigation Measures) of the Noise Survey Report explain that by upgrading the windows and skylights that face Linda Isle, exterior noise omissions could be further decreased by 4 dBA. TO: Piing Commission - 6. 11 Specific Findings and Recommendation Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for -will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff recommends approval of Use Permit No. 3107 and suggests that the Planning Commission take such action subject to the findings and conditions of approval outlined in the attached Exhibit "A". PLANNING DEPARTMENT JAMES D. NEWICKER, Director W. William Ward Senior Planner WWW:dvh .Attachments: Exhibit "A" Vicinity Map Letter from applicant's -architect Memo from Sandy Genis, dated July 25, 1984 Noise Survey Letter from management service company for Linda Isle Community Association )4;� TO: Plam_._.ig Commission - 7. . r EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT'NO. 3107 FINDINGS: 1. That the existing development is consistent with the General PlanT the Land Use Plan of the local Coastal Program as -condi- tionally certified by the Coastal Commission and accepted by the ry City Council; and is compatible with surrounding land uses. 2. That adequate off-street parking is being provided for the increased occupancy of the subject restaurant. 3. The Police Department has indicated that they do not contemplate any problems. 4. The proposed number of compact car spaces constitutes 25 percent of the parking requirement which is within limits generally accepted by the Planning Commission relative to previous similar applications.;_ 5. That the ,approval of Use Permit No. 3107 and the use of compact car spaces will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighbor- hood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed modification is consistent with the legislative intent of Title 20 of this Code. CONDITIONS: 1. That all development shall be in substantial conformance with the approved plot plan, floor plan, and elevations except as noted below. 2. That the on -site parking, vehicular circulation and pedestrian circulation systems be subject to further review by the Traffic Engineer. 3. That the provisions and conditions of approval for Variance No. 941 are no longer in effect. 4. That a minimum of one parking space for each 40 sq.ft. of "net public area" shall be provided for the Baxter's Restaurant. 5. That a reciprocal parking agreement shall be provided for the combined use of parking involving all of the parking areas shown 13 TO: Pl(ing Commission - 8. e on the approved site plan. Said agreement shall be subject to the review and approval of the City Attorney. 6. That the number of compact parking spaces in the combined parking area shall not exceed 25 percent (105 spaces) of the total combined parking requirement. 7. That the hours of the restaurant operation shall be from 7:00 a.m. to 12:00 midnight Sundays through Thursdays, and 7:00 a.m. to 2:00 a.m. Fridays and Saturdays, unless the City adopts other regulations in which case said hours of operation shall apply. B. That the playing of prerecorded music shall be permitted only within the building, and all windows and doors within the restau- rant shall be closed during such activity. 9. That all trash areas shall be shielded or screened from public streets and adjoining properties. 10. That the Planning Commission may add and/or modify conditions of approval to the use permit, or recommend to the City Council the revocation of this use permit, upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort or general welfare of the community. 10 � , COMMISSIONERS I m o x � � c m . � . v City of August 23, 1984 .. r. improvements in the neighborhood or the general welfare of the City, and further that the proposed codification is consistent with the legislative ibtent of Title 20 of this Code. CONDITIONS: 1. That devel ent shall be in substantial conformance wi the approved plot plan, floor plans and elevati s, except as noted below. 2. That the structure sh 1 be redesigned so as to conform to the buildin height requirements set forth in Section 20.02.03 of the Newport Beach Municipal Code. 3. That the gross floor area of the tructure shall not exceed 3,614.3 square feet (1.5 x Buildable Area). 4. This modification shall expire unless es within 24 months from the date of approval. The Planning Commission recessed at 8:45 p.m. and reconvened at 9:00 p.m. x ,t Use Permit No. 3107 (Continued Public Hearing) Request to increase the allowable occupancy of the existing Baxter's Restaurant facility with on -sale alcoholic beverages and dancing, and to establish a new parking requirement based upon "net public area". The proposal also includes the approval of a comprehensive parking plan with additional parking spaces, involving the adjoining parking areas for the "Reuben E. Lee" and "Reuben's" Restaurants and the adjoining marina opera- tion. A Modification to the Zoning Code is also requested so as to allow a portion of the restriped parking area to include compact parking spaces. LOCATION: Lot B of Parcel Map No. 16-10 (Resubdivision No. 249) (i.e. restaurant site), located at 333 Bayside Drive, on the southwesterly corner of Bayside Drive and East Coast Highway, across MINUTES INDEX Item #3 Continued to Septen ber 20, 1984 -11- if f MINUTES R! August 23, 1984 � � c 2 a m City of Newport Beach ROLL CALL ( I INDEX from the De Anza Mobile Home Park. ZONE: C-1-H APPLICANT: Far West Services, Inc., Irvine OWNER: The Irvine Company, Newport Beach Commissioner Goff asked Mr. Don Webb, City Engineer, to comment regarding the compact parking spaces adjacent to Baxter's Restaurant. He noted that he would like to see the compact spaces be better dispersed throughout the common parking lot. Mr. Webb replied that a. portion of the spaces had already been marked for compact spaces, and the City would like to see said spaces dispersed more evenly. Planning Director Hewicker clarified Commissioner Goff's statement by stating that Mr. Goff's concern. was in regard to the number of compact spaces now at Baxter's Restaurant. Commissioner Goff explained further that most of the proposed compact spaces are a distance from the buildings on the property, and as the spaces fill up close to the businesses, the only spaces remaining would be compact spaces. Mr. Webb confirmed Mr. Goff's statement, but ,he went on to say that it would be difficult to change' the physical layout because the spaces would vary in size and in order to take advantage of a narrow aisle width the compact spaces would have to be grouped together. Commissioner Goff suggested more compact spaces may .be put in front of the yacht broker offices and the Reuben E. Lee Restaurant facility. Mr. Webb said he did not think the spacing would be possible in front of the Reuben E. Lee Restaurant, but possibly in the marina area. Mr. Webb's main concern was the jogging of compact spaces and the longer regular sized spaces in the same driving aisle. Commissioner King asked what the aisle width one normally associates with the 450 angle parking. Mr. Webb stated that said aisle would be between 18'-211. Commissioner King opined that the least amount of aisle width would seem to be a place where you would want compact spaces. Commissioner Kurlander asked City Engineer Webb if any consideration had been given to the closure of the first driveway south of East Coast Highway on Bayside Drive? Commissioner Kurlander cited examples of the dangers of that particular driveway. Mr. Webb explained that for automobiles coming from the easterly side of town to go to the Reuben E. Lee Restaurant, motorists -12- ROLL CALL MMISSIONERS MINUTES m August 23, 1984 m e o m City of Newport Beach need to make a left turn from East Coast Highway into that driveway and one also needs to use the driveway to make a right -turn coming out of the Reuben E. Lee Restaurant to go onto Bayside Drive. Commissioner Kurlander remarked that there is a very serious traffic situation because of the left turns coming out of that driveway. Mr. Webb commented that there is a "no left turn" sign there, but it is not being enforced. Mr. Webb commented further that Baxter's Restaurant could not support the traffic of the entire common parking lot if that driveway were to be closed. Commissioner Kurlander opined that by adding more on -site parking spaces, more traffic will be created. Commissioner Person asked if the subject driveway could be restricted to "entrance only" and restrict exits by using spikes in the pavement. Mr. Webb did not think that would be a practical solution. Chairman Winburn cited that the valet parking attendants in front of Baxter's Restaurant create more congestion, and therefore does not feel it feasible to have valets in this area. Chairman Winburn recommended further review of this matter. Mr. Person cited that motorists that have to travel west on East Coast Highway must -come out of that driveway and make a left -turn. Commissioner King questioned why the parking standards ,are based on'a per seat ratio for some restaurants and square footage on others, and why there is not a consistency of required parking spaces? Planning Director Hewicker explained that the parking space standards were -changed in 1975. He stated that the number of seats in a restaurant often did not match the number of seats in which the parking requirement had been based, and so the parking standards were amended to be based on the square footage of the "net public area" of a restaurant. Commissioner King questioned Mr. Hewicker as to whether the parking spaces for all of the uses on -site could be based on some conformity? Mr. Hewicker stated that it may be very -difficult to come up with the required number of parking spaces with the existing non -conforming number of parking spaces for Reubens and Reuben E. Lee Restaurants. Mr. Hewicker stated that when Baxter's Restaurant was originally built, because there was not sufficient space to accomodate all of the required parking, the Planning Commission at that time established an artificial occupancy in the restaurant facility by the number of available parking spaces in the lot. The City created an enforcement problem where the restaurant has -13- INDEX MINUTES m x August 23, 19�4 � m e v � m o m City of Newport Beach ROLL CALL 11 1 1 1 1 1 1 1INDEX an occupancy load established, in one respect, by Fire and Building regulations, and an artificial occupancy load established by the Planning Commission. Mr. Hewicker commented that this information was not passed on between restaurant managements, and therefore, this conflict has occurred. Commissioner Turner questioned staff regarding the varied businesses utilizing the parking spaces consisting of retail, restaurant and yacht brokerage uses, and if there have been any problems of having insufficient parking spaces during different times of day? Mr. Hewicker replied that there has probably been many times when parking has been used to the maximum including when Bobby McGee's Restaurant patrons have used the subject parking lot. Commissioner Turner asked City Engineer Webb if the parking layout meets all of the parking design criteria? Mr. Webb, answered, yes, as far as he knew. Commissioner Goff opined that there is a deficiency of handicapped spaces. Planning Administrator Laycock replied that there was a deficiency, and that the applicants have to meet the handicapped parking standards. Two handicapped spaces are required at Baxter's and Reubens, and four at the Reuben E. Lee Restaurant. Commissioner Goff recommended there be a continuance of this hearing as he would like to see a better layout of the compact spaces. The public hearing opened in connection with this item, and Mr. John Loomis, 30th Street Architects, 2821 Newport Boulevard, Newport Beach, represented the applicant before the Commission. Mr. Loomis cited that in the summer there is valet parking between 5:00 p.m. - 11:30 p.m. on the weekends only at the Reubens and Reuben E. Lee Restaurants, but not at Baxter's Restaurant, and there are no plans to have valet parking in the foreseeable future. In regard to the compact parking space distribution, Mr. Loomis stated they have been working with the City Traffic Engineer and some of the Traffic Engineer's recommendations have been applied in the distribution of the compact spaces. Assisted by the Traffic Engineer, they feel that they have arrived at the best location for the compact spaces on the site. Commissioner King cited that there are deed restrictions from the Irvine Company restricting use of -14- r MINUTES m s August 23, 19814 f m m o m City of Newport Beach ROLL CALL 1 1 1 1 1 1 1 1 1INDEX the retail/office building parking spaces for restaurant or other commercial uses, and that the applicants have included those parking spaces in their plans. He added that reciprocal agreements will be required, and the the Irvine Company will have to work with the tenants to restructure those agreements. Commissioner King inquired about the two boat slips that come with the building and the provision to preserve access to the boat slips that run with the land on the building. Mr. Loomis stated that he was not familiar with same. The applicants had accounted for 132 boat slips and 99 parking spaces for said boat slips. Mr. Loomis added that the applicants will be able to meet the 8 required handicapped spaces on the site, with the possibility of losing 1 or 2 surplus spaces. Mr. Loomis continued by saying that there is no live entertainment at Baxter's Restaurant, and none is proposed. Furthermore, they are meeting all parking requirements. Mr. Loomis stated that the noise generated by Baxter's Restaurant is below the City's maximum standard. The applicants agree with all the findings and conditions in the staff report. Commissioner King commented that the loading area next to the subject restaurant facility has been used for valet parking by the other restaurants in the past. Chairman Winburn asked if what she was seeing in front of Baxter's Restaurant were valets for Reuben's Restaurant parking their cars in front of Baxter's? Mr. Loomis stated that they could be uniformed security personnel employed by Baxter's Restaurant. Mr. Ralph Roberts, President, Dinner House Division, W. R. Grace, responsible for the Far West Services operations, including Baxter's Restaurant, appeared before the Commission. Mr. Roberts stated that they will change their hours to comply with the staff report's recommendations. Mr. Roberts further stated that since the first of May, Baxter's management has had a very close relationship with Sgt. Long of the Newport Beach Police Department and they have been working together in a very compatible manner. Mr. Roberts commented further that Baxter's has hired two outside security personnel to take care of any problems in the parking area, and the restaurant has their own security inside the facility for any disturbances that may arise. A Newport Beach policeman has been hired by Baxter's Restaurant to train their security personnel. -Is- I COMMISSIONERS � I � MINUTES m x August 23, 1984 . v � m a o m _11city of Newport Beach INDEX Mr. Lee Sammis, 94 Linda Isle, spoke in opposition to the proposal.' Mr.Sammis stated that he has enjoyed the restaurants and known the founders of the restaurant chain for many years. He stated that he has viewed these establishments from his home for many years and feels it is a very bad design as it relates to the parking area. As a commercial establishment the restaurants have been good neighbors. However, as a land developer and the landscaping requirements he has to meet, Mr. Sammis felt very strongly that the applicants should provide more landscaping than is noted on the plans. He recommended the following conditions: 1).Landscape 15% of the parking area, not to include any landscaping required for front, side and rear peripheral areas, which areas should require 20' landscape setbacks; 2.) one 20 gallon shade tree for every four parking stalls. The trees to be clustered with at least two trees in each planter; 3.) All parking areas shall be screened from views from adjacent properties and streets with said screening to include walls, ferns and evergreens; 4.) No further compact spaces or tandem parking be allowed; 5.) Where the bridge approaches the south side of the Reuben E. Lee Restaurant, the area should be landscaped with 25 gallon trees with appropriate ground cover; 6.) On the south side of Coast. Highway there is a gap in a concrete wall. Said wall should be filled in to assist the noise polution to the adjacent residences; 7.)Double striping should be provided for all parking spaces; 8.). No music be allowed except inside the restaurant facility with the doors and windows closed; and 9.) The hours of operation should be restricted -if at all possible. In summary, Mr.Sammis suggested that the City ask the applicant to meet the City's current landscaping standards. Planning Director Hewicker replied by stating that he thought that it would be -wonderful to have all the landscaping suggested by Mr. Sammis, but the current problem needs to be resolved. Furthermore, the suggested landscaping would require the elimination of several on -site parking spaces, and there may not be enough square footage remaining in the restaurants, and one-half of the marina may have to be eliminated. Mr. Sammis added under his conditions that all regular parking spaces should meet a standard of 9' x 19' for regular spaces, 8' x 16' for compact spaces, and 25' aisles. -16- COMMISSIONERS MINUTES UTES FIHII August 23,. 1984 m City of Newport Beach INDEX Mr. Paul Brown, P. O. Box 2815, Newport Beach, stated that he was a former owner of the property next to Baxter's Restaurant, but is now a trust deed holder with a 55 year lease on the property. He stated that he was not notified of the public hearing, and was inquiring why he had not been notified. Planning Director Hewicker replied by saying that leaseholders are not notified. Land owners are notified, and in this case, the Irvine Company was notified of the application. Mr. Brown proclaimed that he would like to preserve his rights to appeal any decision that may be made on the grounds that it may be detrimental to his situation. - Mr. Hewicker replied that anyone aggrieved by the action of the Commission, whether it be the applicant, property owners or lessees, may appeal to the City Council within 21 days from the decision of the Planning Commission. Mr. Brown asked if he would be notified. Mr. Hewicker stated if he appeals, he would be 'the appellant and he would be notified. Mr. Rudy Merriman, Linda Isle, delivered 28 proxies to the Commission from residents who oppose additional parking at Baxter's Restaurant. He added that his main concern is his office next door to the restaurant facility, which has been located there for about it - 12 years. He has had to come to his office at various times during the evening hours. He recommended that parking spaces be allocated to the office building on a permanent basis and not be available for restaurant parking in the evenings. Mr. Hewicker stated that it was his understanding that one-half of the spaces in front of the office building will be reserved for the office uses during the evening hours. Mr. Merriman replied that when a chain is installed to reserve said parking spaces, it does not seem to last very long. Commissioner Person asked Mr. Merriman if the residents who signed the proxies were aware that Baxter's hours of operation may be restricted as a condition of approval? Mr. Merriman did not believe they did. Mr. Person queried Mr. Merriman if he thought the residents have any objections to the adding 40 on -site parking spaces, and the new closing hours of 12:00 midnight on weekdays, and 2:00 a.m. on weekends? Mr. Merriman stated he was not aware of that. Mr. Merriman felt that the residents were more concerned about the foot and car traffic surrounding the restaurants. Mr. Person made reference to the fact that the Planninc Commission may add and/or modify conditions of approval -17- MINUTES m x August 23, 1984 . v � m a = City of Newport Beach INDEX to the use permit if they feel it is warranted upon approval of the change. Mr. Craig Brown, son of Mr. Paul Brown, stated that he had been half -owner of the Islander Building until recently and will have an office in the buildiho for at least another year. He commented that there has been an over -use of the parking in front of their building by Baxter's Restaurant at certain times, and there have been conflicting hours between the retail business and the restaurant, explaining there are very few parking spaces between the Islander Building and East Coast Highway. He stated that allowing more people in the restaurant is not going to solve the .problem. He pointed out that during peak hours there are as many people standing in line outside the restaurant facility as there are inside, and those people need parking spaces. Chairman Winburn closed the public hearing at this time. Commissioner Goff asked who was notified of public hearings. Planning Director Hewicker replied that all property owners within 300' of a subject property, and not lessors, are notified of public hearings. Commissioner Turner stated that he thought long term lease holders were also notified. Commissioner King stated that it was his understanding that adjacent to the Coast Highway bridge, there is a designated boat launching area. He questioned whether there were any restrictions on the area for that use, and what parking provisions had been made for that operation? Mr. Hewicker answered by stating that particular property was'under a long term lease to one of the tenants.of the Irvine Copmpany, and in the event it would be used as a boat launching facility, its access would be directly north of the bridge, and therefore, the boats would not come through the restaurant parking lot. Chairman Winburn asked how long the seating capacity of 175 or 180 persons had existed at Baxter's Restauraht? Mr. Hewicker stated that the Fire Department had designated an occupancy load of 170 persons since it was built, in violation of the requirement to reduce the occupancy. Assistant City Attorney Gabriele said that their office became aware of the conflict of the occupancy load by the Fire Department and parking restrictions. Contacts were made with the restaurant management, and the City Attorney did enter into an -18- r . COMMISSIONERS MINUTES m x August 23, 1984 [2-11 m o o I City of Newport Beach ROLL CALL ( INDEX Motion All Ayes x understanding whereby they would pursue a resolution that would satisfy the Planning staff and the administrative positions. The City Attorney would refrain from enforcing the 105 person occupancy limitations so long as there were no other operation objections. He added that the Police Department has stated there have been no complaints. The occupancy load has been cut back to 150 persons, with the stipulation that the applicants obtain the approval of. ause permit to increase the occupant load to avoid litigation. Commissioner Goff asked if the Police Department had received any noise complaints. Assistant Attorney Gabriele said he was not aware of any noise complaints that' had to be enforced by the Police Department: Commissioner Person asked to reopen the public hearing to ask Mr. Paul Brown a question. A motion was made and passed to open the public hearing. Mr. Paul Brown queried why the occupancy load .had increased from 105 persons to a more recent number of up to 170 persons? Planning Director Hewicker replied that when the restaurant was built, the occupancy was based on the number of parking spaces. In recent years, the parking requirement was changed to conform to the square footage of the "net public area" within a restaurant. Mr.Person asked Mr.Brown what his main objection to the applicant's request was and Mr.Brown replied that he had not been notified of the change. Mr.Brown repeated his complaint about the people standing outside the restaurant facility waiting to get in, and by creating more parking spaces, more people would be allowed to enter said restaurant. Furthermore, Baxter's Restaurant is already at capacity which has created irreguiar parking at times. Commissioner Turner asked Mr. Roberts if that number of between 100 and 150 people standing outside Baxter's were true. Mr.Roberts confirmed that on Friday and Saturday nights, and possibly when the restaurant first opened, that may be the case. Assistant City Attorney Gabriele cited that one of Mr. Loomis' statements was that upon approval of the use permit, signatures would be obtained for the reciprocal parking agreement. Mr. Gabriele felt that the Commission should set up a time frame for the signatures in the event of an approval. Mr. Roberts replied that the signatures would come from the Irvine Company. Mr. Gabriele said that if no time frame were -19- r August 23, 1984 of Newport Beach MINUTES ROLL CALL j I I IINDEX Motion Ayes Abstain x imposed with respect to meeting the condition, this could go on to an infinite period of time. Commissioner King stated that if the condition should be approved they would want to be assured all the mechanisms were enforced, primarily between the landowner and the lessees. Commissioner Goff reviewed his understanding of the application by stating.that Baxter's is operating under an existing lease agreement; and that they are not adhering to an occupancy load of 105 seats, which has been approved by staff on a temporary basis, depending upon the outcome of this hearing. Planning Director Hewicker replied that the City Attorney's office is trying to pursue a solution to the parking problem so that .additional parking can be provided and Baxters restaurant will then be able to operate at an occupancy load consistent with the Building and Fire regulations. A motion was made to continue the public hearing on this matter to September 20, 1984, so as to give the applicants additional time to revise the parking layout as discussed at the meeting which MOTION CARRIED. Commissioner Goff also requested that staff prepare Findings for denial, and review the parking requirements for Reuben's and Reuben E. Lee Restaurants under current parking requirements. Reque to resubdivide an existing parcel of land RESUBDIV located l the Newport Place Planned Community so as to ISION create a sin parcel for office condominium purposes. NO. 784 LOCATION: Parce o. 1 of Parcel Map No. 48-12 (Resubdiv 'on No. 366), located at 1151 APPROVED Dove Street, the southwesterly side CONDITION of Dove Street, ween Newport Place ALLY Drive and Bowsprit D ' e, in the Newport Place Planned Community. ZONE: P-C APPLICANT: Newport Properties I, Ltd., Los Angeles -20- LEE SAAWMU S COAWVUMV t• (` 17922 Fitch Avenue, Suite 100, Irvine, California 92714 ,(714) 8634121 September 20, 1984 Members of the Newport Beach Planning Commission City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 YRECC 17g S fp `�mrnt ry CCR e 1g8q w �4C7F. �Cy (� Re:, Baxter's/Reuben's Use Permit Application Gentlemen:' Enclosed are some xerox copies of the' -photos depicting the grounds and the parking lot serving the'Baxter!s/Reuben's/Reuben E. Lee :.Restaurants. Sorry •not to have -had color:photographs for.'dverybody; but I will try;to-pass,.'one copy.:Around.-.;These black and,,:whites, however, do :; a `pretty: good:`job;:of, ;telling the .story, -and.--very%'Tittle-further (: '.,.'descri tion;i.sc necesiar "a_lot•.of black':topping• right to the water Is edge;:e_ven;•t6 the edgeof,'some•of'.the,restaurant facings, and•token lanin' p.9 must say'; that.after:_the last'Hearing' that at'least there were a ; ibunch. tof. gardeners., out', there,,,cleaning up,...such planting that does exists'— , V'•,",. *, , w . Now,tiIdt`this''Use;Permit"fias'come to the`fore� I really think it's importahi,.to' look'•'at `the'*overall development scheme -as'it exists today with these'several restaurants,to try. and bring them into line reasonably with proper planning standards, to alleviate the negative impacts which now exist. IRVINE CONCORD SACRAMENTO Members of the Newport k Beach Planning Commission September 20, 1984 Page Two One item that certainly deserves review is the "signing" which exists, with particular reference to the very high glaringly illuminated multi -colored sign at the main entryway. Living across the Bay, and looking out my window at a sign which goes up beyond my vision point from my second story bedroom, it is very difficult to sleep indeed, without pulling the curtains in the bedroom, because the lights glare directly at me to the wee hours of the morning. Surely, this sign is far from meeting code requirements for signing within the City of Newport Beach. It is my understanding, that several years ago, after a -fairly severe explosion and fire on this major sign, that the sign was re -built, and I am informed that it was enlarged in size at that time, which if so, would most probably represent an infraction. What an eyesore at one of Newport Beach"s.most important and travelled "windows", and what a sad commentary to the residents and visitors to our City. I would like to request that this matter be looked into, along with the other planning standard aspects under review, for the above mentioned Use Permit. I hope the letter which I forwarded to you recently with some "suggested Conditions" will be helpful. Sincerely, LE C. SPJ41 S President LCS/lna Enc. • I I lM SAPAPAMS 4COAWAr4V 17922 Fitch Avenue, Suite 100, Irvine, California 92714 (714) 863-1121 September 21, 1984 Mr. James D. Hewicker Planning Director Planning Department City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California Re:- Baxterls/Reubenls/Reuben L Lee:Use Permit' Dear,rMr. Hewicker: I.. was:unable to make last'night's`Planning`.Comnission Meeting, and would,a0preciate receipt of a •copy •of, any, pertinent data.•that was,,,. W ; ; rpresented'.at-,that meeting,'to•tinUude.'the'Stafft Report."•:tht-= `;'44".:t' Also,'.T.•would. appreciate receiving..a.copy ofsthe.,,Staff'Repdrt and ;+?^% •Recomnendation'_that will -�be put°,forth:As'- this'maiae'r goes. to' Council. t 'Please -put me'on'theaist.to'receive,,',notices::forifiteetings;,and receive;;• an erti nest ' data concerni n .this matter: ( •�. .1:'"5: r�,•.' �',:5.5•1?':�:jte+ell"ny (pu•�, 'a';-F'n••��9.: ,s• Many; thanks. _ ,`: I�'�>,.'a•. .,-;.:3�`� ,•�'�'�r`6,ui��;':{Ir'; ,.: � [� 'Sinc rely;' President LCS/lna Y RECEIVED planning DePart'rment SEP 241984 - CITY OF NEWPORT BEACH, /a CALIF. 11.PiIk CONCORD . " SACRAMENTO t M 17922 Fitch Avenue, Suite 100, Irvine, California 92714 (714) 863.1121 October 11, 1984 Councilwoman Ruthelyn Plummer c/o City Hall City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Re: Baxter's/Reuben's/Reuben E. Lee Use Permit Application Dear Councilwoman Plummer: �itkPci?yor q.t� R r&Z Many thanks for your very kind letter and reply to my particular expressed concerns on the above matter. I guess the point of the matter is the very simple fact that "no additional parking is really required". They are parked to capacity, and are asking for the ability to in a sense double up on the existing saturated parking situation, in order very simply to increase their business. This is a worthy goal on the part of anyone, but I do not believe that it is a goal which should sublimate the public interest, with particular regard to the miserable situation which exists, as to the very sub -standard makeup of parking and the environmental standards which exist on the site. I'm all for them, but they both have, and have had a "very good thing going", and I don't believe it behooves us to add to the problem. If they're really sincejCe, they would be the first ones to come to the fore, to seek a compromise solution, and to enhance the overall demeanor of their total operation and the site itself, but to my knowledge they have not done so. They have certainly not done so of their own volition in the past, because the sub -standard situation referenced has existed for a very long period of time. I really question whether in of performance called upon by permits and the accompanying to this question. fact they today meet the original standards the City, when these various building zoning was granted. I have not had an answer IRVINE CONCORD SACRAMENTO t Councilwoman Ruthelyn Plummer October 11, 1984 Page Two I am under the impression that they have been in non-compliance with these standards, as well as the existing ordinances. Our architects, on our low rise type, say single story and two story office and hi tech developments, start with a premise that twenty percent of the site shall be covered with landscaping. These projects are not as much so in the public eye,•and are not catering to people, and are not at an extremely critical focal point within the City, as is the site in question. One would assume that the standards would be even more critical for the location in question. I was not able to make the Planning Commission Meeting of September 20th, and I penned the attached letter to Mr. Hewicker, so they could attempt to stay abreast of this thing, but I have heard nothing. I'm not even sure when this matter goes to Council, and because of my strenuous business travel schedule it is possible that I will not be able to make that meeting, but I'm not just sure where the matter rests today, and would be most interested in the current status. As to the eight percent standard for landscaping that you mentioned, I assume that this was what either Staff recommended, and/or the Planning Commission came up with as a condition, in sending this matter forward to Council (?). It's quite important to understand just how this eight percent applies. Is it eight percent of the total site area, or is it eight percent of the total open area? It would be far better if it applied to the total site. I am not aware of the type of plant material that has been specified, but here again this is an extremely important aspect. I was informed that the material specified was extremely meager and more like shrubs versus the large type shade trees that should be specified over large portions of the site, which were very specifically requested in my submittal of proposed Conditions to the City, on the basis of a landscaping standard which is extremely normal in so many areas. This is a very important one, and other- wise it's merely a play at providing lip service to the situation, rather than really digging in and attempting to honestly remedy the situation, as a condition to the City's consideration. I also submitted a letter on September 20th to the Planning Commission, with copies to Staff, referring to my concern over the "major sign" which deserves some attention when considering any change in the use category for these restaurants. I have heard nothing either as to this particular inquiry. Your assistance is very much appreciated, and it seemed for a moment there as if there was minimal interest in trying to establish a "standard of 4k Councilwoman Ruthelyn Plummer October 11, 1984 Page Three performance" for these restaurants at this very environmental location, which has bewildered me. Thanks for the letter again, and if there is anything that you can do in this matter, it will be much appreciated. Sin erely, President LCS/1na Enclosure P.S. After I dictated this letter, not having heard anything, I called for Jim Hewicker, who is not available, and I spoke with Bill Ward with the Planning Department, who had worked on this zoning case. He informs me that the matter does not go to Council automatically, which surprised me.as a procedure; and only would do so, if there was an Appeal. Evidently this Appeal period is for twenty-one days after the meeting of the Commission, which according to my calendar would be October 13th. He states that the Appeal must be filed on a "Standard Appeal form" with a payment of $258, at the -City Clerk's Office. I'll do my darndest to file this Appeal under the circumstances, but unfortunately I'm going to be out of town for the next week and a'half starting on the 13th. He di.d confirm the fact that the Staff Report which I had requested and did not receive, stated that the landscaping was to be eight percent of the open area, which of course would be considerably less than eight percent of the total site area, which is the way we figure these things. They already have certain areas that they can call landscaping, but if you've seen it, it really doesn't bear up to the description, so I don't know how much actual landscaping they would be required to provide. Asked him about the type of trees that had been specified, and he mentioned to me that they were "bottle brush .......... the Applicant really is fudging, isn't he. I didn't ask what size container, but I assume that that would be in accord. How ridiculous. I'll be no stronger at this point, but evidently the old axiom of "give and take", which should apply to this situation, with both a very strong Councilwoman Ruthelyn Plummer October 11, 1984 Page Four recommendation from Staff, which did not occur, and certainly with the very full cooperation of the Applicant, which I believe also did not occur, and they weren't called upon to do much in any case. Mr. Ward mentioned that a landscaping plan was to be reviewed by the "landscape specialist" with the Department of Parks and Recreation. Hopefully this individual will take a reasonably strong stance, at least as to the minimal landscaping that has been suggested. By the way, that sign that I referred to, which Mr. Ward tells me, was allowed to be re -built after the Freeway went in, with certain changes, but even though it was!non-conforming,• evidently it had been grandfathered. It blares in my second story bedroom window a full twenty-four hours a day, i.e., all night long. We couldn't even come close to putting a sign like that on any type of development that we do anywhere. Talk about visual pollution. Thanks again for your ear. P.P.S. October 12 I just spoke with Mr. Ward, and told him that I was going to appeal today, and was going to come down to pick up the form to fill it out and thence submit it to the Clerk. He told me that he had spoken with Bill Laycock, and that I was one day too late. I had assumed that this matter auto- matically went to Council for confirmation, which Staff was aware of (see my recent letter), and.further I had asked for a copy of the Staff Report and the findings of the Planning Commission, which I did not receive. Accordingly I did not have an equal opportunity to review the information upon which an appeal was to be based. I'll talk to an attorney concerning this matter, as to whether it is feasible to re -open this issue. cc: Mr. Ward, Planning -Department September 20, 1984 Members of the Newport Beach Planning Commission City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 Re: Baxter's/Reuben's Use Permit Application Gentlemen: Enclosed are some xerox copies of the photos depicting the grounds and the parking lot serving the Baxter's/Reuben's/Reuben E. Lee Restaurants. Sorry not to have had color photographs for everybody, but I will try to pass one copy around. These black and whites, however, do a pretty good job of telling the story, and very little further description is necessary ...... a lot of black 'topping right to the water's edge, even to the edge of some of the restaurant facings, and token landscaping. I must say, that after the last Hearing, that at least there were a bunch of gardeners out there, cleaning up such planting that does exist. Now that this Use Permit has come to the fore, I really think it's important to look at the overall development scheme as it exists today with these several restaurants,to try and bring them into line reasonably with proper planning standards, to alleviate the negative impacts which now exist. Members of the Newport Beach Planning Commission September 20, 1984 Page Two One item that certainly deserves review is the "signing" which exists, with particular reference to the very high glaringly illuminated multi -colored sign at the main entryway. Living across the Bay, and looking out my window at a sign which goes up beyond my vision point from my second story bedroom, it is very difficult to sleep indeed, without pulling the curtains in the bedroom, because the lights glare directly at me to the wee hours of the morning. Surely, this sign is far from meeting code requirements for signing within the City of Newport Beach. It is my understanding, that several years ago, after a•fairly severe explosion and fire on this major sign, that the sign was re -built, and I am informed that it was enlarged in size at that time, which if so, would most probably represent an infraction. What an eyesore at one of Newport Beach's most important and travelled "windows", and what a sad commentary to the residents and visitors to our City. I would like to request that this matter be looked into, along with the other planning standard aspects under review, for the above mentioned Use Permit. I hope the letter which I forwarded to you recently with some "suggested Conditions" will be helpful. Sincerely, LEE C. SAIVIS President LCS/lna Enc. LEE SA.A&AUS CIOW-PANY 17922 Filch Avenue, Suite 100. Irvine, California 92714 (714) 663-1121 September 21, Mr. James D. Hewicker Planning Director Planning Department City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California Re: Baxter's/Reuben's/Reuben E. Lee Use Permit Dear Mr. Hewicker: I was unable to make last night's Planning Commission Meeting, and would appreciate receipt of a copy of any pertinent data that was presented at that meeting, to include the Staff Report.• Also, I would appreciate receiving a copy of the Staff Report and Recommendation that will be put forth as this matter goes to Council. Please put me on the list to receive notices for meetings, and receive any pertinent data concerning this matter. Many thanks. Sincerely, LEE C. SAMMIS President LCS/lna IR,VINE CONCORD EACRA :ENTO CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658.8915 PLANNING DEPARTMENT - (714) 644-3222 October 26, 1984 Mr. Lee C. Sammis,- Lee Sammis Company 17922 Fitch Avenue, Irvine, California Dear Mr. Sammis: President Suite 100 92714 Re: Use Permit No. 3107 The purpose of this letter is to respond to your request of September 21, 1984 and to offer you my personal apology for not having replied to you sooner. In response to your request, I am enclosing copies of the staff reports and minutes from the Planning Commission meetings of August 23 and September 20, 1984. The minutes of the September 20th meeting were not approved by the Planning Commission until October A, 1984, which was one week preceding the expiration of the twenty-one day appeal period on October 11, 1984. As to this matter going to the City Council, you should have been aware that Use Permits are not forwarded automatically to the City Council unless there is an appeal within twenty-one days following the Planning Commission's action, or the City Council decides on its own motion to call the matter up for review. This procedure is announced by the Chairman of the Planning Commission at the beginning of each meeting. As to the specific requirements imposed by the Planning commission, Condition No. 5 requires that a reciprocal parking agreement be recorded within ninety days (January 16, 1985) from the effective date of the Use Permit. In addition, Conditions No. 14 and 15 require that at least eight percent of the site be devoted to landscaping and that the landscape improvements be completed within six months (April 12, 1985). With respect to the landscaping, we are aware of your concerns regarding screening and the type and size of trees, and we will work with the applicant to address those concerns. 3300 Newport Boulevard, Newport Beach Mr. Lee C. Sammis -- Page 2 October 26, 1984 I hope that I have answered your questions. I£ you need additional information you may call either Bill Laycock or Bill Ward at 644-3200. In addition, I may be reached at 644-3222; however, I am not always in my office due to the fact that I am on jury duty. Very truly yours, rD. HEWICKER Planning Director JDH/kk JDHIV cc: Council Member Plummer Joan Winburn, Planning Commission Chairman City -Attorney Bill Laycock Bi"'r.