HomeMy WebLinkAboutSienna Restaurant - One Year ReviewCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 22, 2008
Agenda Item 3
SUBJECT: Sienna Restaurant — One Year Review (PA2006 -270)
105 Main Street
■ Amendment to Use Permit No. 3158
APPLICANT: Balboa Inn, LLC
Michel Pourmussa
PLANNER: Jaime Murillo, Associate Planner
(949) 644 -3209, imurillo @citv.newoort- beach.ca.us
PROJECT SUMMARY
On April 19, 2007, the Planning Commission approved an amendment to Use
Permit No. 3158 permitting live entertainment and dancing within the existing
restaurant (Sienna) at the Balboa Inn and waived 11 parking spaces associated
with the introduction of live entertainment. A condition of approval was imposed
requiring that the Planning Commission review the operation of live
entertainment and dancing one year from the effective date of approval to insure
the conditions placed on the operation were sufficient to control potential noise
and parking impacts.
RECOMMENDATION
Receive testimony at public hearing, then receive and file
Subject
Property
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Central Balboa Specific
ON -SITE
Mixed Use - Vertical (MU -V)
Plan (SP -8); Retail and
34 room hotel, retail uses and a
Service Commercial
restaurant
(RSC)
NORTH
MU -V
SP -8 RSC
Retail, office and residential uses
MU -V and Public Facilities
Balboa Inn expansion project, City
SOUTH
(PF)
SP -8 RSC
beach parking, beach, Balboa
Pier and Pacific Ocean.
EAST
Two -Unit Residential (RT)
SP -8 RSC
Restaurant and bar, and retail
uses.
WEST
MU -V
SP-8 RSC
Three duplexes and a 3-story
condominium complex.
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DISCUSSION
Background
Last year, the applicant requested an amendment to Use Permit No. 3158 that
would authorize the eating and drinking establishment to add live entertainment
in the form of a band or disc jockey. The live entertainment was proposed to be
incidental to their existing food and beverage service, and limited to "private
events ". Private events were defined as any function that is not open to the
general public and limited to those persons individually invited and for which no
admission fee is charged (i.e. weddings, birthday parties, retirement parties, and
corporate parties). The applicant also proposed live entertainment in the form of
a band for the enjoyment of general patrons within the interior courtyard on
Saturday and Sunday afternoons, from 3:00 p.m. to 7:00 p.m.
Based on staffs recommendation (Exhibit 1 — April 19, 2007, staff report), and
testimony from the Police Department and adjacent residents (Exhibit 2 — April
19, 2007, Planning Commission minutes), the Planning Commission approved
the applicant's request to add live and entertainment and dancing in association
with private events and denied the applicant's request for live entertainment for
general patrons (Exhibit 3 — Resolution No. 1720). A number of operational
conditions were adopted to control the potential impacts of noise and parking
associated with the introduction of live entertainment, including:
• The use of live entertainment and dancing is permitted in the interior dining
room areas only.
• The use of live entertainment and dancing is prohibited for any other events
and uses open to the general public, including the use of a disc - jockey or
karaoke.
• Private events are required to conclude at 10:00 p.m. and any associated
live entertainment must conclude at 9:30 p.m., except on Fridays and
Saturdays, where such events (including live entertainment) are permitted
to conclude at 11:00 p.m.
• Private events providing live entertainment are limited to a maximum of 8
events per month, excluding the months of July and August where such
events are prohibited (with the exception of five previously scheduled
events during the months of July and August 2007).
• The existing wrought iron gates located at the entrance of the courtyard off
E. Ocean Front were required to be replaced with sound attenuating double -
pane doors and windows. These doors are required to remain closed at all
times during events providing live entertainment, amplified music, and /or
dancing.
• A comprehensive security plan was required to be prepared, implemented,
and adhered to for the life of the Use Permit (approved security plan
attached as Exhibit 4).
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One Year Review
Applicant's Information
The applicant has submitted a letter (Exhibit 5) outlining the number and types of
events held in the past year in compliance with the approval. The letter also
addresses how they have complied with each of the required conditions of
approval.
Police Department
The Police Department has prepared a memorandum (Exhibit 6) indicating that
they have reviewed the activity of the Balboa Inn over the past year and have not
received any calls for service related to the operation of live entertainment and
dancing. A breakdown of the calls for service attached to the memorandum
illustrates that no calls for service associated with loud music were reported and
the number of incidents associated with the overall hotel itself have been
minimal. The memorandum states that the Police Department does not object to
the continuation of the live entertainment and dancing as approved.
Adjacent Property Owner
The Planning Commission may recall that Mr. Vic Sherreitt, property owner of an
adjacent rental property (duplex), filed the initial complaints last year regarding
noise disturbances to his tenants resulting from live entertainment and events at
the Balboa Inn. Mr. Sherreitt has recently submitted a letter stating that within the
past year, he has not received any complaints from his tenants related to the
operations at the Balboa Inn (Exhibit 7).
Code Enforcement
Discussions with the Code Enforcement Division confirm that the City has not
received any complaints regarding noise, or any other disturbance, within the
past year and that the operational changes and conditions of approval
implemented for the project have successfully controlled the potential impacts
resulting from the permitted live entertainment and dancing.
Summary
Based on the preceding discussion, staff believes the applicant has complied
with all required conditions of approval and that the operation of live
entertainment and dancing, as approved, has not proven to be detrimental to the
surrounding neighborhood, nor resulted in increased demand for police
resources; therefore, staff does not believe that any changes to conditions of
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approval are necessary, nor is there a need for subsequent reviews of the
operation as approved.
Potential Amendment to Use Permit
In addition to illustrating compliance over the past year, the applicant's letter also
requests consideration of the following changes to the conditions of approval:
1. To allow flexibility with the use of space for private events and enhance
marketability of the venue, the applicant is requesting:
• That live entertainment be permitted within the covered
courtyard area (floor plans attached for reference; Exhibit 8).
• That live entertainment be permitted on the bridge (to enhance
wedding ceremonies).
• That the doors from the courtyard to the bar or dining rooms be
permitted to remain open, allowing guests to freely stroll through
each of the spaces.
• That private events providing live entertainment be permitted to
conclude at 10:30 p.m. Sunday through Thursday, and to 12:00
a.m. on Friday and Saturday.
2. To control adverse noise impacts associated with the changes above,
the applicant proposes:
• Accepting a condition that would require them to monitor noise
and insure that noise remains below the 50 -55 dBA level at the
property line during such events.
• Using a temporary sound curtain or movable wall partition at the
north opening of the covered courtyard to further reduce the
impacts of noise.
3. To address the potential increased parking demands on the public
parking lot during peak summer months, the applicant is proposing the
use of valet parking between the hours of 11:00 a.m. to 5:00 p.m. and
utilizing off -site parking within the parking structure located at 309
Palm Street.
In preparation for this one year review, the applicant presented these proposed
changes to staff for consideration during the review; however, given the
extensive changes proposed, staff advised the applicant that these changes
were beyond the scope of this one year review and that a formal amendment to
the use permit would be required to further process their request.
It should be noted that the applicant also presented proposed changes to the
City's Development Review Committee (DRC) on May 1, 2008, to solicit
preliminary comments from Building, Fire, Police, and Planning staff members.
The applicant was given direction to address specific access and noise concerns
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raised at the meeting, and to provide additional detailed information on the
operation of the valet parking and the off -site parking, prior to submitting an
application for an amendment.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically
exempt under the requirements of the California Environmental Quality Act (CEQA)
under Class 1 (Existing Facilities).
Public Notice
Notice of this review was published in the Daily Pilot, mailed to property owners
within 300 feet of the property and posted at the site a minimum of 10 days in
advance of this hearing consistent with the Municipal Code. Additionally, the item
appeared upon the agenda for this meeting, which was posted at City Hall and
on the city website.
Prepared by:
chime Murillo, Associate Planner
Submitted by:
David Lepo, P anpi' g Director
EXHIBITS
1. April 19, 2007, Planning Commission staff report
2. April 19, 2007, Planning Commission hearing minutes
3. Planning Commission Resolution No. 1720
4. Comprehensive Security Plan
5. Applicant's Letter
6. Police Department Memorandum
7. Vic Sherreitt Letter
8. Existing Floor Plan
F. IUsers1PLMShared{PA's1PAs - 20061PA2006.27011 year reviewlPC staff report 05- 22- 08.doc
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Exhibit 1
4/19/07 PC Staff Report
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TO:
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
PLANNING COMMISSION
FROM: Planning Department
Jaime Murillo, Associate Planner
imurillo _city.newoort- beach.ca.us
(949) 644 -3209
SUBJECT: Sienna Restaurant
105 Main Street
Amendment of Use Permit No. 3158
(PA 2006 -270)
APPLICANT: Balboa Inn, LLC
Michel Pourmussa
RECOMMENDATION
Agenda Item No. 3
April 19, 2007
FILE COPY
Staff recommends that the Planning Commission take the following action:
1. Adopt attached draft resolution approving an amendment to Use Permit No. 3158
to permit live entertainment and dancing within the existing restaurant and a waiver
of 24 parking spaces required by the introduction of live entertainment.
DISCUSSION
Background
The Sienna restaurant currently operates under Use Permit No. 3158, which authorizes
an eating and drinking establishment, and was originally approved in 1985 and amended
in 1986. The Use Permit expressively prohibits live entertainment and dancing; therefore,
the applicant has requested this subject Use Permit amendment to permit these activities
and to waive the additional parking spaces required in conjunction with the intensification
of use through additional live entertainment and dancing.
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105 Main Street (PA2006 -270)
April 19, 2007
Page 3 of 15
Existing General Plan Land Use Designations
Existing Zoning Designations
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April 19, 2007
Page 4 of 15
In November of 2006, staff reviewed the restaurant's Use Permit files due to noise
complaints received from the property owner of the neighboring duplex. The applicant
was providing live entertainment and dancing in association with a number of wedding
receptions and other private events as part of their hotel operations (Exhibit 2 - Event
Schedule). A band also provided entertainment on Sunday afternoons in the outdoor
courtyard. The applicant was allowing these activities pursuant to a live entertainment
permit issued in error by the Revenue Division in 2004. The applicant was advised to
apply for a Use Permit- amendment.
Site Description
The site is located at the northwest comer of East Ocean Front and Main Street, adjacent
to the Balboa Pier. The property is currently developed with a three -story building,
consisting of a 34 room hotel, retail shops, and the subject restaurant. To the south is the
Balboa Inn expansion project currently under construction that will include 11 suites,
parking, and 2,000 square feet of new retail space.
The restaurant consists of two indoor dining areas, a bar, an enclosed courtyard dining
area on the first floor, and outdoor dining on the second floor. The restaurant's kitchen is
shared with the hotel and provides room service for hotel patrons. No on -site parking is
provided; however, the current Use Permit conditions require the restaurant to purchase
24 in -lieu parking spaces from the City on an annual basis for the duration of the
restaurant use.
Project Description
Live Entertainment and Dancing
The applicant is requesting this Use Permit amendment to allow live entertainment, in the
form of a band or disc jockey and incidental to their existing food and beverage service,
for "private events ". For the purposes of this discussion, "private events" are defined as
any function which is not open to the general public and limited to those persons
individually invited and for which no admission charge is made (i.e. weddings, birthday
parties, retirement parties, and corporate parties). The applicant is also proposing live
entertainment in the form of a band for the enjoyment of general patrons within the
interior courtyard on Saturday and Sunday afternoons, from 3:00 p.m. to 7:00 p.m.
The applicant states that the restaurant and bar business are seasonal and peak during
the summer. From September through May, the bulk of the restaurant and bar business
is comprised of weekend patrons and private events. The applicant states that in order to
operate a successful and profitable restaurant operation during the slow winter months, it
is necessary to provide live entertainment and dancing in order to attract reservations for
private events.
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April 19, 2007
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Existing Food and Beverage Operation
The restaurant is permitted to operate from the hours of 6:00 a.m. to 2:00 a.m. daily
under the current Use Permit. Use Permit No. 3158 also limits the amount of net public
area (NPA)' to 1,696 square feet prior to 3 p.m., with a total net public area of 2,773
square feet after 3:00 p.m. This condition was imposed to limit the amount of dining area,
and thereby patrons with cars, so as not to create excess parking demand in the Balboa
lot during the peak afternoon hours. The requested application does not propose any
increase in NPA. The table below provides a breakdown of the various restaurant venues:
Currently, the Balboa Inn provides breakfast between the hours of 7:00 a.m. and 10:00
a.m. daily. Lunch is served between the hours of 12:00 p.m, to 3:00 p.m. daily during the
summer months, and is closed for lunch during the winter months. Dinner is served
between the hours of 5:00 p.m. to 10:00 p.m. in the summer, and the restaurant closes at
8:00 p.m. during the winter months.
Private events are currently accommodated in both the indoor dining rooms and courtyard
area, as well as on the second level floor deck, consistent with the NPA limitations. These
restaurant areas function as a banquet facility for the hotel and are made available from
9:00 a.m. to 12:30 a.m. in the two indoor dining rooms and courtyard, and from 11:30
a.m. to 7:00 p.m. on the second floor deck areas. The applicant has provided an
informational sheet related to these private events (Exhibit 3). Although these private
events are not prohibited, any events providing live entertainment and dancing represent
a violation of the current Use Permit conditions. The applicant proposes to continue
utilizing these hours of operation.
'Net Public Area (NPA): The total area used to serve customers, including, but not limited to, customer
sales and display areas, customer seating areas, service counters, and service queue and waiting areas,
but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the
employees of the establishment.
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Analysis
Noise
Live entertainment is the primary consideration of this requested Use Permit
amendment and staff is concerned that the noise generated by the proposed live
entertainment may impact surrounding commercial uses and the adjacent residences.
A number of complaints have been received from the property owner of the abutting
duplex at 704 E. Ocean Front. Tenants of the duplex have complained to the landlord
that they cannot sleep at night due to the excessive loud music from the Balboa Inn.
The property owner indicates that this has made it difficult for him to retain and attract
tenants (Exhibit 4 - Neighboring Property Owner's Letters).
To aid in staffs analysis of the applicant's request, Code Enforcement conducted a
noise investigation during an event on Saturday, March 31 ", from 5:45 p.m. to 9:15
p.m. and performed a noise reading every hour at 5 locations. Per Section 10.26.025
(Exterior Noise Standards) of the Municipal Code (Exhibit 5), allowable exterior noise
levels are 55 dBA from adjacent residential land uses and 65 dBA from adjacent
commercial land uses between the times of 7:00 a.m. to 10:00 p.m. After 10:00 p.m.,
the allowable noise level for adjacent residential land uses is reduced to 50 dBA. In
residential areas, the Municipal Code requires noise measurements to be taken from
any part of a private yard, patio, deck or balcony normally used for human activity and
identified by the owner of an affected property as suspected of exceeding the noise
level standard. In non - residential areas, the location selected for measuring exterior
noise levels shall be at the closest point to the noise source.
Exhibit 6 illustrates the locations of the readings and the maximum noise level recorded.
At all 5 locations, the readings were within acceptable range. It should be noted that the
noise reading of 52 dBA measured from the balcony of the adjacent residential unit
would have exceeded the allowable exterior noise level if it occurred after 10:00 p.m.
The Code Enforcement Officer stated that the live entertainment was located within the
interior dining room and that all windows and doors were closed. However, he stated
that the highest reading obtained (60 dBA) was measured directly adjacent to the bar
entrance off E. Ocean Front and was attributable to the sounds of people talking and
laughing in the bar area (bar entrance doors were open at time). Overall, the noise
levels were within the acceptable range per the Municipal Code noise standards at the
various times the measurements were taken as a result of the live entertainment and
dancing activities occurring indoors.
Noise impacts and disturbances can, and have in the past, have an adverse impact on
nearby residences, and without proper controls are detrimental. However, staff believes
that the Planning Commission can support the applicant's request for live entertainment
and dancing, only if the proper controls and conditions are implemented to minimize the
potential noise impacts. In addition to complying with all applicable Municipal Code
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sections pertaining to the control of noise, staff recommends the following conditions of
approval be adopted to control potential noise related problems and prevent the
establishment from operating promoted parties and night club events open to the
public:
• Require the replacement of the wrought iron gates located at the entry off E.
Ocean Front to be replaced with sound attenuating double pane doors and
windows.
• Require that all doors and windows of the dining room areas be closed at all
times during private events, except for the ingress and egress of patrons and
employees. Additionally, the doors shall be equipped with self- closing hinges.
• Require the doors off E. Ocean Front (including bar area) to remain closed at all
times during any private function providing live entertainment and dancing.
Ingress and egress by patrons and employees shall be prohibited unless there is
an emergency.
• Permit the use of live entertainment and dancing within the interior dining rooms
only and prohibit such activities within the courtyard area and second floor patio.
• Permit the use of live entertainment and dancing in conjunction with private
events only and prohibit the use of live entertainment and dancing for weekend
afternoon operations and any other events and uses open to the general public.
• Require that private events conclude at 10:00 p.m., and that any associated live
entertainment conclude at 9:30 p.m.
• Prohibit the use of strobe lights or other special lighting effects that could
produce visual impacts to the neighboring uses and residents.
• Prohibit background music on any of the outdoor patios, dining areas, lounges or
waiting areas.
• Prohibit any event or activity staged by an outside promoter or entity where the
applicant, operator, owner or his employees or representatives share in any
profits, or pay any percentage or commission to a promoter or any other person
based upon money collected as a door charge, cover charge or any other form of
admission charge, including minimum drink orders or sale of drinks.
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Parking Waiver
The subject property is located within the Central Balboa Specific Plan and is subject to
the parking requirements of Section 20.45.050(F) which establishes a fixed parking ratio
for eating and drinking establishments. For establishments without live entertainment,
parking is required at a ratio of 1 space per 50 square feet of net public area. For
establishments where live entertainment is present, parking is required at a ratio of 1
space per 35 square feet of net public area. The higher parking ratio is based on the
assumption that establishments providing live entertainment draw more patrons and thus
have a higher parking demand.
With the introduction of live entertainment, the restaurant would be required to provide a
total of 80 parking spaces or an increase of 24 parking spaces:
Parking Requirement @ 1 space/35 sf NPA (2,773 sf) = 80 spaces
Parking Requirement @ 1 space/50 sf NPA (2,773 sf) = 56 spaces
Increase = 24 spaces
Since the site cannot accommodate any on -site parking, a waiver is needed for the 24
parking space increase attributable to the introduction of live entertainment if such use is
to be approved at this location. Pursuant to Section 20.66.100 (Modification or Waiver of
Off - Street Parking Requirements) of the Zoning Code; a Use Permit may be approved by
the Planning Commission to modify or waive the number of off - street parking spaces if
one or more of the following conditions are met:
A municipal parking facility is so located as to be useful in connection with
the proposed use or uses on the site or sites.
2. The site is subject to two or more uses and the maximum parking
requirements for such uses do not occur simultaneously.
3. A parking management plan for the site has been approved by the
Planning Commission pursuant to Section 20.66.100 (B).
4. The Planning Commission makes the following findings:
a. The parking demand will be less than the requirement in Section
20.66.030.
b. The probable long -term occupancy of the building or structure,
based on its design, will not generate additional parking demand.
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Because the project is located in the coastal zone, the Coastal Land Use Plan (CLUP)
policies relating to parking must also be considered in conjunction with the City's
parking waiver provisions. The CLUP recognizes that there are parking shortages in
Balboa Village. Approximately 73 percent of the area's parking spaces are in public lots
and on- street. The following two CLUP policies should be considered:
2.9.3 -8. Continue to require properties with nonconforming parking to provide code -
required off - street parking when new uses, alterations or additions result in
increased parking demand.
2.9.3 -9. Approve no application for a modification or waiver of off - street parking
requirements that are found to impact public parking available for coastal access.
Municipal Parking Facility (Finding No. 1): A large, municipal parking facility is located
directly south of the property and is the primary parking for beach visitors and for the
commercial uses of the Balboa Village. Per CLUP Policy 2.9.3 -9, a waiver of off - street
parking cannot be approved if such waiver will impact public parking for coastal access.
The Parking Lot Supervisor states that the municipal lot is filled to capacity by visitors and
boat charters between the hours of approximately 11:00 a.m. and 6:00 p.m. (8:00 p.m. in
summer). Therefore, the Planning Commission cannot rely on this finding to support the
parking waiver, unless it is determined that the proposed request will not result in an
increased parking demand, and therefore, not impact parking available for coastal
access.
Parking Demand (Finding No. 4): The applicant's intent in providing live entertainment on
a regular basis for the customer's enjoyment is to attract more customers to the
restaurant. This, in turn, could generate increased parking demand and would necessitate
the higher parking ratio specified in the Central Balboa Specific Plan. Therefore, staff
recommends that the Planning Commission deny the applicant's request for live
entertainment on a regular basis on weekend afternoons due to the potential impact to
public parking and inconsistency with Coastal Land Use Policy 2.9.3 -2.
If live entertainment and dancing are provided to enhance private events and supplement
the hotel's banquet operation, staff believes the parking demand would not be as high as
a separate restaurant operation and the waiver can be supported based on the following
reasons:
The restaurant is an integral part of the hotel itself, and when wedding receptions
and other private events occur, the restaurant actually serves as a banquet facility
for the hotel.
Typically, hotels are permitted to include accessory restaurants and banquet
facilities without providing increased parking since these activities are normally
associated with hotel operations.
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• Private events not providing live entertainment and dancing are currently permitted
activities. The addition of live entertainment for these private events would serve to
enhance these events and improve marketing of the venue, but not necessarily
increase attendance at any single event.
A parking requirement of 1 space per 50 square feet of net public area would be
more realistic in this case; therefore, the parking demand is less than the 1 space
per 35 square feet of net public area required by the Central Balboa Specific Plan
parking requirements and does not exceed the restaurant's current demand for
parking in association with these events.
The long -term occupancy of the restaurant space, based on its design and as
conditioned, is not anticipated to generate any additional parking demand. The
principal operation of the use will remain a restaurant, and its use by the hotel as a
banquet facility for private events will remain an accessory use.
For these reasons, staff believes the facts to support Finding No. 4, above, can be made
to waive parking associated with live entertainment in association with private events only,
and will not impact public parking for coastal access, consistent with the Coastal Land
Use Polices identified above.
Department Comments and Concerns
Newport Beach Police Department Concerns
The Newport Beach Police Department provided staff with a comprehensive report that
is attached as Exhibit No. 7. The Police Department expressed concerns that allowing
live entertainment and dancing will generate additional noise and will negatively impact
nearby residences, resulting in additional neighborhood complaints. The Police
Department states that sworn personnel are currently required to spend a substantial
amount of time and resources policing the general area in and around the applicant's
location. A majority of the problems encountered in the area include public
drunkenness, noise complaints, argument mediation, assaults, thefts, and other public
nuisances. The area also experiences heavy vehicular and pedestrian activities on
weekends, holidays and during the summer months.
Within the last year, the Police report states that the Balboa Inn had 37 calls for service.
Of those 37 calls for service, the calls most likely occurring during live entertainment
and dancing activities at the subject restaurant included 10 calls for loud music, 9 calls
for disturbances, 2 calls for fights, and 2 calls for drunk in public. Based on the existing
demand for police services in the area, the Police Department recommends denial of
the applicant's request and believes the activities would have a negative impact on the
surrounding area.
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The existing calls for service reported over the last year for the Balboa Inn are
representative of the types of disturbances associated with the restaurant's non -
permitted and unregulated operation of live entertainment. To address Police
Department concerns, staff proposes limiting live entertainment and dancing to private
events only (with the conditions outlined above). In addition, The Police Department has
provided a list of recommend conditions should the Planning Commission choose to
approve the applicant's request. These conditions have been included in the draft
Planning Commission resolution.
Economic Development
Economic Development staff has reviewed the project and supports the applicant's
request for live entertainment and dancing in association with private events. They state
that the economic vitality of the Balboa Village business district is highly seasonal and
derived mostly from visitor - serving uses, rather than local residents. Many businesses
thrive during the summer season; however, during the off - season businesses must
draw customers to their establishments by advertising, promotion, and providing facility
space for private events. The Balboa Inn fits the business pattern described above and
has relied on weddings and other private events as a part of their business model.
Private events are commonplace in hotels and inns in Newport Beach and throughout
the coastal zone. The Balboa Inn has also invested a significant amount of resources
with an expansion and remodel. The Economic Development staff believes that a
severe restriction or elimination of this activity would significantly impact their business
and possibly adjoining businesses as well.
Building & Fire Department Concerns
Both the Fire Department and Building Departments have commented that the north
dining room as shown on the plan must provide two exits, one of which must exit directly
to the outside of the .building, rather than exiting into the south dining room. Based on
discussions with the departments, it appears it will be infeasible to provide a second exit
in compliance with the code requirements. Therefore, as an alternative, both departments
have agreed that interior partition doors may be removed, creating one room that will
provide the proper exiting requirements. Staff believes that the remaining wing walls will
still allow the restaurant operator to close off the north dining room with a rope barrier or
similar device when not in use, consistent with the conditions of the previous Use Permit
approval that limits the amount of net public area before 3 p.m. A condition of approval
has been included in the draft resolution to remove the partition, subject to the review and
approval of both the Fire and Building Departments.
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Clarification of Previous Operating Condition
Condition No. 3 (May 22, 1986 approval) states the following:
That the operation of the primary restaurant shall be restricted to the hours
between 6:00 a.m. and 2:00 a.m. dally. Only 9,365 sq. ft. of "net public area" shall
be utilized prior to 3:00 p.m. After 3:00 p.m., the combined "net public area' of the
primary restaurant, cocktail lounge and outdoor dining shall not exceed 2,773 sq.
R. at one time.
In 1985, Use Permit No. 3158 was first approved to allow the conversion of various
existing restaurant uses within the Balboa Inn into two, expanded restaurants (the subject
primary restaurant and a smaller secondary restaurant). Due to the increased parking
needs attributable to the expanded primary restaurant, a condition was applied to the
project limiting the useable NPA of the primary restaurant to 1,365 sq. ft. before 3:00 p.m.
to avoid impacting public parking in the Balboa lot.
In 1986, the Use Permit was amended to allow the secondary restaurant to be converted
into retail space and authorized the transfer of the allowable NPA to the primary
restaurant; however, the condition limiting the amount of NPA that can be used before
3:00 p.m. was inadvertently never updated. The condition should have been changed to
allow 1,696 square feet of NPA (reflecting the NPA transferred from the secondary
restaurant to the primary restaurant; 1,365 + 331 = 1,696 sq. ft.) prior to 3:00 p.m.
Additionally, the term "primary" should have been removed as the Use Permit only relates
to the operation of the one restaurant. The applicant had also requested to allow the
operation of the bar area prior to 3:00 p.m. which was approved as long as the total NPA
did not exceed 1,696 square feet. Staff recommends that the condition be amended to
correctly reflect the amendment of Use Permit 3158 that occurred in 1986. The condition
should read as follows:
The operation of the restaurant shall be restricted to the hours between 6:00 a.m.
and 2:00 a.m. daily. The total combined "net public area" of the interior dining
rooms, cocktail lounge, outdoor dining and courtyard area shall not exceed 9,696
sq. ft. prior to 3:00 p.m. After 3:00 p.m., the total combined "net public area" shall
not exceed 2, 773 sq. ft. at one time.
General Use Permit Findings
In addition to the required findings for the parking waiver request, Section 20.91.035 of
the Zoning Code requires that the Planning Commission make certain general findings
for Use Permit requests. These findings are listed and discussed below.
9. That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
�9\
i
105 Main Street (PA2006 -270)
April 19, 2007
Page 13 of 15
The project is located in the Retail and Service Commercial land use designation of the
Central Balboa Specific Plan District which is intended to provide the Central Balboa
area with commercial services for permanent residents and visitors of the area. Hotel
and restaurant uses are permitted within this designation with the approval of a Use
Permit. The current restaurant and bar use operate pursuant to Use Permit No. 3158,
and the introduction of live entertainment and dancing in association with the existing
restaurant is consistent with this designation.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located, will not be detrimental to
the public health, safety, peace, morals, comfort, or welfare of persons residing or
working in or adjacent to the neighborhood of such use, and will not be detrimental
to the properties or improvements in the vicinity or to the general welfare of the
City.
The introduction of live entertainment and dancing within the existing restaurant,
pursuant to the conditions of approval regulating operation and maintenance of the use,
is consistent with the Mixed Use Vertical (MU -V2) land use designation of the General
Plan. This designation allows non - residential uses including retail, office, restaurants,
and similar uses. The existing hotel, restaurant, and retail uses of the structure are
consistent with this designation. Additionally, with the recommended conditions of
approval, noise impacts to the adjacent residential uses will be minimized. The live
entertainment and dancing will be permitted to operate within the indoor dining room
only and all doors and windows will be required to remain closed at all times during
such activities, except for ingress and egress of patrons and employees. The proposed
double -pane window and door enclosure off E. Ocean Front will significantly decrease
the transmission of sound outside the facility, and will be required to remain closed at
all times during such events, except for emergencies. live entertainment and dancing
provided only in association with private events would serve to enhance these events and
improve marketing of the venue, but not necessarily increase attendance at any single
event. Additionally, these private events have been conditioned to conclude at 10:00
p.m., with any associated live entertainment concluding at 9:30 p.m.
3. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would
be located.
The Central Balboa Specific Plan requires an increased parking requirement for eating
and drinking establishments providing live entertainment; however, the project as
conditioned only permits live entertainment and dancing in conjunction with private events
to enhance and supplement the hotel's existing banquet operation; therefore, the parking
demand will not be as high as a separate restaurant operation, nor exceed the
a3
105 Main Street (PA2006 -270)
April 19, 2007
Page 14 of 15
restaurant's current demand for parking, supporting a waiver of the parking space
requirements associated with the introduction of live entertainment. Additionally, the
project has been reviewed and conditioned to ensure that conflicts with surrounding land
uses are minimized to the greatest extent possible.
CONCLUSION
Staff believes that the findings necessary for the approval of live entertainment and
dancing can be made only if such activities are 1) allowed only in conjunction with
private events to avoid impacts to parking available to beach visitors, and 2) adequate
conditions of approval are placed to mitigate and minimize noise impacts to the
adjacent residences. Live entertainment proposed for weekend afternoons should be
denied as it increases parking demand and may result in a possible inconsistency with
Coastal Land Use Policy 2.9.3 -9. It is staffs opinion that the project, as conditioned,
would not prove detrimental to the adjacent residential uses given improved sound
attenuation and is compatible with and complements the surrounding commercial area
of the Balboa Village.
ALTERNATIVE ACTION
Should the Planning Commission conclude that the project, as proposed, would not be
compatible with the surrounding uses and would prove detrimental to the adjacent
residential uses, the Planning Commission should direct staff to prepare findings and a
resolution denying the amendment request and return at the next Planning Commission
meeting date with such resolution for adoption.
ENVIRONMENTAL REVIEW
The project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing
Facilities) of the Implementing Guidelines of the California Environmental Quality Act
(CEQA).
PUBLIC NOTICE
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by:
Jairpel udllo, Associate Planner
-NOT AT'rAC4H&;7
Schedule
Brochure
Owner's Letters
Exterior Noise Star
Noise Investigation
Police Department
Comment Letters-
Plans
1
105 Main Street (PA2006 -270)
April 19, 2007
Page 15 of 15
Submitted by:
ODavid po, Pla ping Director
a5
Exhibit 2
4/19/07 PC Minutes
2b
plltning Commission Minutes 04/19/2007
Any restaurant that is in the project is subject to a conditional us4
permit; when that is applied for, the Planning Commission could tool
t the hours of operation and see when the peak demand woul+
cur and make decisions on the parking demand at that time; we di
no 'ntend to put two restaurants that would compete with eacl
Provide arking meets Code to allow a permitted use without a
other di -r 'ovary approval except for the conditional use permit 1
a restaurant X 15% of the 56,000 square feet of building area;
have 5 per 00 parking for the entire 56,000 square fc
development;
The previously propo d lower level parking will not be built as it
now determined to hav no value and would result in constr=6
and cost challenges;,
With the single level of parkin eing provided, there is actually 5 f
1,000 parking; the type of re a. it that comes into the project, 1
peak parking demand will deter a the type of restaurant that
most appropriate for our use; w are looking for higher e
restaurant(s) with a lower parking dem d and low turnover;
The City will have the ultimate decisio\owhich restaurant will
allowed in the center.
comment was opened on substantial
comment was closed.
Non was made by Commissioner Hillgren, and se ndec
mmissioner McDaniel, to adopt Resolution approving Comp e
m Program CS2006 012 with the modification that it will be revi
years by the Planning Director; and, adopt Resolution finding the
posed landscape plan is in conformance with the conditions of app
the project and the landscape requirements of the Mariners Mile Sp
n and the Mariner's Mile Strategic Vision and Design Framework;
proposed changes to the approved project design are in subst
iformance with the building design approved under Development
. 2004 -001 and Use Permit No. 2004 -025.
Eaton, Hawkins, Cole, McDaniel and Hillgren
None
* R
Balboa Inn LLC (PA2006 -270)
Sienna Restaurant
105 Main Street
t to amend Use Permit No. 3158 to allow live entertainment an(
in association with the existing restaurant use. Additionally, a
of the parking requirements related to the introduction of live
iment is also requested. The property is located at 105 Main Stree
ITEM NO.3
PA2006 -270
Approved
Page 9 of 27
21
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n' is within the Retail and Service Commercial designation of the Centr'
Balboa Specific Plan (SP -8) District.
aime Murillo, Associate Planner, gave an overview of the staff report:
The applicant would like to provide live entertainment as a way tc
enhance their existing banquet operations for private events and
provide a band in the interior courtyard on weekend aftemoons foi
the enjoyment of the general public and to attract additional clientele;
The applicant is requesting a waiver of 24 additional parking spaces;
Staff recommends approval of live entertainment in conjunction will
private events only; these findings can be supported with specifii
conditions of approval to control and mitigate noise impacts tc
neighboring residences such as conclusion of events at 10:00 p.m.
live entertainment contained in the interior dining rooms, an(
requiring all windows and doors to remain closed during sucl
events;
An increase in parking demand is not anticipated as these private
events are already permitted to occur and the live entertainment wil
serve only to enhance these events and not increase the number o
persons attending these events;
Staff recommends that the live entertainment request for weeke
afternoons, or for any other activities open to the general public,
denied as these events are intended to attract additional patrons
the restaurant that would in turn generate an increase in parki
demand, which is inconsistent with Coastal Land Use policies relat
to availability of public parking;
There is a concern that these events would attract additional vi:
to the bar, which could result in additional calls for service
demand for law enforcement in the area;
The Police Department is supportive of staffs recommendation w
the conditions placed on the project; per their request, condition
should be amended to clarify that the use of a DJ or karaoke
considered live entertainment and shall be prohibited uses
activities open to the general public.
then continued by answering the questions sent via e-mail from
Live entertainment permit - issued in error to the applicants in 201
and following research with the issuing Department, staff is not su
how it occurred;
Total number of parking spaces required and provided on the he
expansion on 707 East Oceanfront; that project was required
provide twelve spaces for the hotel rooms and retail square foot%
they have actually provided 17 spaces with the condition on 1
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,
Page 11 of 27
project that the remaining 5 spaces be allocated to the 105 Main
Street portion of the project;
In 1985 there was a reconfiguration of the 105 Main Street property
with an application to provide two separate restaurants; the total net
public area of the restaurants was higher than what previous)
existed so the parking increase was related to the increased net
public area.
ommissioner Hawkins asked how Revenue was handling the in -lieu
arking fees.
Mr. Murillo answered the program is no longer active; however, the
Revenue Department continues to collect the fee on an annual basis from
hose projects that benefited from the original in -lieu parking fee program.
hey are paying as required, which is 24 spaces per year. The parking in
ieu fee that was established at that time was $150 per space per year.
ommissioner Eaton asked about the in -lieu fee charged if the waiver was
not approved.
Mr. Murillo answered that the condition to pay 24 in -lieu parking fees is a
arty -over from the previous Use Permit. We are not requiring an
additional in -lieu fee for the additional waiver that they are requesting
onight.
W. Lepo added that if the Planning Commission does not approve the
ditional waiver, the additional live entertainment request cannot be
anted. There is no mechanism to collect fees for new waived parking
aces as that program has been suspended. This program was
spended because the $150 per space wasn't buying a lot of property,
hough one lot has been purchased using fees accumulated over the
[ears.
airman Cole confirmed that even if the Planning Commission wanted t
ndition this with a fee payment, it could not be done.
Mr. Lepo answered, "correct ", we have no procedural mechanism for doing
uch.
Mr. Harp added that the in -lieu parking fee is currently under analysis.
W. Murillo continued answering the e-mail questions:
Applicant's brochures states accommodations for up to 200 guests
on the first floor and an additional 125 guests on the second floor
terrace; that would be inconsistent with the maximum occupant
limit per the Building and Fire Codes; based on the total net public
area of 2,273 square feet, the total occupancy is limited to 18
persons; there is a condition of approval (35) that requires strict
adherence to the maximum occupancy limits and the applicant i
required to amend his brochure for consistency;
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Capacity of the Balboa lot where there are 614 parking spaces in
the lot; the parking is based on net public area and not maximum
occupancy of meeting space or restaurant; additionally, there is an
assumption that for the private events, a number of people will be
carpooling and a number of hotel rooms are booked for weddings
and other private events.
At Commission inquiry, he added that the live entertainment would enhance
he events and not increase attendance at a wedding.
Commissioner Hawkins noted that the applicant asks for the live
entertainment as a means to bring more people into the establishment.
Mr. Lepo answered that staff looked at this application and the idea is to
enhance the venue with the likely outcome that there would be more events
per year because people looking for a venue for a wedding would see the
Balboa Inn as an attractive place and they like to have music for the
wedding reception. The size of the facility is not increasing with the
addition of music; each event would not accommodate more people, there
would just be more events per year. He added that people who are looking
or venues for birthdays, weddings, etc. are looking for music.
Mr. Murillo continued answering e-mail questions:
Police Department's recommendation of denial had been drafted in
response to the applicant's original request for live entertainment for
private events and other activities open to the public and in the bar in
the courtyard area; however, they are now in support of staff
recommendation as the project is conditioned.
ommissioner Eaton asked about the area referred to as a courtyard that
as a roof, but does not seem to be enclosed yet. If this is enclosed, as the
applicant indicated to me, could the entertainment be moved out there?
at if the configuration is changed by the erection of a wall, would exiting
quirements be affected?
Mr. Murillo noted what has been discussed is providing live entertainment in
he comer of the courtyard. We are requiring a condition that the applicant
eplace the existing open wrought iron gates along that courtyard exit out to
he boardwalk with double -paned sound attenuating doors and windows.
Staff's recommendation is to limit live entertainment strictly within the
interior dining rooms only.
Mr. Lepo added that a configuration by placement of a wall would be an
xpansion of capacity and that is contrary to what has been represented
onight.
t Commission inquiry, Mr. Murillo noted that portions of the courtyard
ould be open to Main Street and we are requiring sound attenuation door
long the Ocean Front boardwalk to help contain sound as people exit and
nter the dining rooms to go to the bar or buffet tables that might be located
n the indoor courtyard.
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1 � t
Mr. Lepo added that the sound transmission from there is the bigges
concern, whether it is up through the open courtyard or out the doors. One
of the reasons for the doors on the boardwalk side is to have an entry lock.
This way there will be two sets of doors to protect the residences around
he corner from as much noise as possible.
Discussion continued on the sound problems and control, parking,
aximum occupancy and space taken up by band and musical equipment,
ecibel levels and sound.
Mr. Murillo added that on the 1986 plan, the courtyard dining area was
limited to 286 square feet and the total first floor occupancy is 136 persons.
he way the condition was written, they can divvy up their square footage
nyway they want so long as they don't exceed the total net public area tha
is permitted.
Discussion continued on parking, occupancy, noise issues and the use o
staff's time to address these complaints in the past.
Commissioner Hawkins noted that.the waiver of 24 parking spaces is based
on the net public area. If we expand the net public area to include
additional courtyard area then the number of parking spaces that would
need to be waived would increase. Staff concurred.
ommissioner McDaniel noted the space that will be available to these
vents will not be available for anyone else. Anyone else staying in the Inn
ill not be able to use the facilities.
Mr. Lepo answered the restaurant will be there, but the events will be
rivate.
iscussion then continued on the use of all the space for private events and
ther patrons would not be able to use the facilities as they would be closed
o the public.
ommissioner McDaniel noted his concern with a patron staying at the Inn
of being able to use the restaurant or bar if it has been hired out to a
rivate party.
t. Craig Frizzell of the Police Department, noted:
Not supportive of bringing live entertainment out onto the patio as it
will increase the noise complaints from the surrounding
neighborhood;
In the past they had live entertainment out there and also in the
lounge area; not only did it increase the complaints from the nearby
residents, it also served as a magnet, especially on weekend days
for the boardwalk; folks strolling up the boardwalk on Saturday,
Sunday or holidays, they want to be in there;
Bringing it out from the confines of the restaurant into the open area,
creates more problems; 31
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Introducing entertainment t`o the patio area, no matter what type o
venue, will increase the calls for service.
Ron Baers, representing the applicant, noted:
This is a mixed -use village with a lot of restaurants and bars;
There are concerts in the park during the summer;
This area is a noise environment as it on the beach;
The applicant is attempting to pursue a private function venue for
small groups (25 -125 people), and to offer live entertainment and
dancing as an enhancement to these private functions;
There is a real demand in the community for a small venue which
can accommodate weddings, class reunions, that type of reception;
that kind of space is not available in the community now;
Being able to offer this type of venue is part of a business plan to
enhance occupancy;
The request for this amendment came about because the restaurant
space has never been that successful.; what has been successful is
catering to these small private parties;
For nine months out of the year, it is hard to attract customers and
that is why the restaurant is not successful; by offering a small facility
for private parties, the owners have found that it complements the
hotel operation and provides a venue;
Given the location in the village, and that this is an historical inn, the
idea of having private venues with live entertainment makes sense;
There will be no increase in capacity;
Noise is an issue that comes from the attraction of restaurant and
bar patrons;
Balboa Inn wants to be a considerate neighbor and there are
conditions attached to the recommended approval of the request that
address issues such as noise attenuation methods, limit of hours of
operation, and staff training; we agree to all the conditions but ask to
reconsider the hours of operation;
He asked that for the weekends, some consideration be given to
flexibility of hours; and asked for 11:00 on Friday and Saturdays for
live entertainment;
With the addition of sound attenuation doors and windows, the nois
standards are achievable;
Members of the Balboa Improvement District board have recognized 3�1
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Page 15 of 27
that, with the conditions proposed on this request, the private even
venue could be operated in a responsible manner, and the venue
would be an asset to the community;
He then read a letter he received from a local resident stating that
she knew what the noise problems were prior to her moving in and
has no problem with the noise;
At Commission inquiry, he agreed with staffs amendment to a
condition that a DJ or karaoke is considered as live entertainment.
ommissioner McDaniel confirmed that the applicant wants to augment the
on -peak months. He noted that there are issues such as parking and
noise but that the Commission wants to help the business. He asked what
he peak restaurant times were.
Mr. Baers answered the summer months during June, July and August.
Having the venue for private events is for when the people want them and
an often be considered in off -peak months.
Commissioner McDaniel noted his concern of the Fourth of July and there
is no way he would support having 4 -5 days around that time. He would
consider an approval for this application if not during the summer time due
to the testimony of the Police Department, residents and City staffs
concern with the extra activity from the boardwalk, with some availability
through September to May. If those periods of time work we can give you
he opportunity to come back and expand that time; however, approval
during the summer time with the testimony on noise, parking, etc only
makes the problem worse. He noted he would be willing to support this
amendment, but only for the non -peak months.
Public comment was opened.
Joe Daugherty, local resident directly adjacent to the Inn, noted:
Noise has always been problematic in the area; however, the Police
Department has taken positive steps to address complaints and
have a positive influence in the area;
This Inn has gone through major construction and he looks forward
to the opening;
Even with restricting the loud music to the back room, the way it is in
our place, the noise is too loud and we cannot go onto our porch; if it
gets loud enough, we can't watch television in our front room, and s
we have to go to the back of our place; however, the vibrations g
through our whole place and there is no room to go for respite;
Any improvements that are being done need to be done so as to no
be a public nuisance;
If something can be done for everyone in the area, that would be the
best.
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Cott McElroy, Director of Balboa reninsula Business Improvement District,
noted his support of this application. The conditions on the approval will
address the majority of the Police concerns regarding noise through the
corridor. By containing the noise in the interior area, you will not have that
transmission of noise out onto the boardwalk.
Philip Siegel noted his support of the application. He noted that a lot of
businesses in the area had closed. If the noise is kept at a reasonable
level, he doesn't see a problem. The management, through their re-
development of the Inn, has created a huge improvement in the area and
his should bring in customers.
Richard Carnivary, a retail tenant at the Balboa Inn addition, noted he sees
his as an advantage for his business. He asked the Commission to have
businesses open at least six days a week. The Police Department is very
visible and keeps crimes and criminals away.
Vic Sherrit, local property owner, noted:
Last fall one of his tenants moved due to the loud noise in the area;
the upstairs tenant has had to leave his apartment on Sunday
afternoons due to the same noise problems;
I have talked to the Planning Department, City Manager and the
Police Department about the noise problems;
He went to the area last November when the concerts were going on
and it was so loud that standing next door he had to shout in order to
be heard;
The following Friday night, his tenant called indicating at 11:15 p.m.
he could not sleep because the noise and booming was so great; he
visited the tenant and confirmed that it was a zoo in the area; a
bouncer was at one of the doors to keep people out until someone
left from inside, it was a horrible situation; the noise was booming;
Staff has certainly responded to his concerns but his request would
be to not grant a permit because it has affected his tenants
tremendously and he has lost money due to his tenants moving out;
No afternoon activities are recommended by staff and the Police
Department;
He noted that if you grant this amendment and this noise continues
to be problematic, does this go on indefinitely? How will it be
addressed?
What is live entertainment? Does it include amplification of music?
He noted that he had never had a problem the past 30 years until
last fall.
ommissioner Hawkins asked if there was a concern of the live
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entertainment with private parties.
r. Sherrit answered that if it disturbs the peace of his tenants, "yes "; that is
hat happened in the past.
Public comment was closed.
ommissioner McDaniel asked how this would be enforced as a private
arty and not open to the public. It does sound that there are enforcemen
ssues from the testimony we have heard tonight.
Mr. Lepo answered that if the police get called, they will be aware of the
onditions of approval so they can check to see if it is consistent with the
onditions. Code Enforcement will periodically check that very kind of thing
o see who is hosting the event, etc. Any violation of conditions
utomatically will necessitate the Use Permit being brought back to the
tanning Commission for review.
hairman Cole noted live entertainment is defined to include amplified
music, karaoke and DJ music. No live entertainment that is open to the
ublic is allowed on weekend afternoons per staffs recommendation; we
re being asked to approve private events be allowed to have live
ntertainment in the inside dining room area only. Staff agreed.
ommissioner Hawkins, referring to Site and First Floor Plan colored
heets, asked for specifics. If we allow live entertainment in a lesser
uare footage, are we still going to need the 24 space parking waiver?
Mr. Murillo answered that private events with live entertainment would only
e permitted on the first floor north and south dinging room areas. The 24
pace waiver is the difference in the total net public area permitted due to
e live entertainment.
r. Lepo answered that based on the difference of 1 space per 50 squat
et per restaurant and 1 space per 35 square feet for area with live
ntertainment and with the square footage for the live entertainment limited
o that of the north and south dining rooms, the number of parking spaces
aived would be reduced.
ommissioner Hawkins noted he understands the need for the property
Winer to see a return on their substantial investment, but we have also
eard substantial concerns about the noise, etc. He asked about a reduced
rea, for instance, that the north dining area be allowed for live
ntertainment only. If that works, then either the applicant can come back
or an additional application to cover the south dining area, or we include a
ondition that allows for that re- visitation a year after this plan is
implemented. I would like to see if there is support for a diminished
allowance for live entertainment. The reason is the parking waiver of 24
paces should not be allowed, particularly not in this area.
Commissioner McDaniel noted one of the major problems with live
entertainment is drums. No matter how many doors you shut, the base
rum will travel across the cement and it is very annoying. If we are going
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allow this amendment, he recommends that we condition it with
rums for live entertainment. That doesn't mean you can't have an elec
rum as their sound does not transfer through the foundation. The p
me with parking will be real difficult for the area and he would like to
ow they operate with off -peak months before allowing the peak sea
Eaton noted:
It is reasonable to go to 11 p.m. on Friday and Saturday nig
because a lot of wedding receptions go that late;
What would be the parking waiver if the entertainment was allowed
in the dining room?
He questions whether it could be limited to the northern dining roc
only, because one of the conditions is that the partition be taken (
and staffs opinion was maybe ropes or something could be used
keep the occupancy out of the one where they are required to do
by the existing conditions;
Talking about live entertainment, using ropes is not going to hav
much of an effect; I think you are going to have to allow probably th
whole dining room to be allowed and is that less than the 24 waiver.
r. Lepo noted that the net public area and the number of parking sp
aived could be reduced by applying the required 1 per 35 just to the 1
luare feet of 1st floor dining rooms.
r. Murillo agreed that applying the difference between 1 to 50 and 1 to
the two dining room areas (543 plus the 652) would result in an 11 spa
irkinaa waiver.
mmissioner Eaton noted this is more reasonable than 24. Additionally,
noted a one -year review.
issioner Hillgren asked if there could be public dining at the bar in
ide area if there was a private venue at the same time and I
it be enforced?
r. Lepo answered there was nothing physically or otherwise that
eclude service at the bar.
r. Murillo added that the Inn would have to comply with the t
:cupancy constraints which for the two in -door dining rooms
)proximately 87 persons.
r. Lepo added that the Fire Marshall would get called out and if there is
elation, the place would be closed down.
irperson Cole asked if the long term occupancy of the space, based
design and conditions, is not anticipated to generate any additic
ing demand? Is the assumption if there are private parties in
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:staurant that they would not generate more parking than a restaurant
ould provide? What about the parking availability on weekends? Is there
parking concern, other than the waiver?
r. Murillo answered that when a private event occurs, the restaurarill
ould function as a banquet facility. Total occupancy is still restricted per
uilding and Fire Code. When there are private events, there will be no
rther parking demand for this facility related to live entertainment. Staff
as conditioned this to prohibit that activity on the weekend days due to
arking and noise.
r. Lepo added that there are no parking problems that we know of to exist
,ovided this is off -peak uses in the peak seasons. So you are not having
orning and afternoon events on weekends when the demand for parking
)mes from beach access. The peak season would be the summer.
Ir. Ron Baers, noted:
Restriction of private parties to the off- season would no
accommodate the peak season as the most demand for weddings is
June;
This would put a major stumbling block into the business plan of
promoting a boutique inn for a private venue such as this;
The demand for parking in the peak season comes from boats,
passengers of the Catalina Flyer and beach - goers;
There is an interior space that is set up for dining where the live
entertainment is; a ground -floor courtyard is a mingling area but if
someone wants to use that space during a wedding, that would also
be a component of their serving area and a buffet could be set up in
that space;
Depending on the event, someone could book the bar, the courtyard
and the interior space and utilize all of those functions; if that
happened, sometimes the upstairs terrace can be used for dining by
hotel guests; that has been done in conjunction with events and then
there is no conflict.
ommissioner McDaniel noted the previous testimony on the level of noise
n Sundays when you were operating before. How will you contain that
oise so that your neighbors will be happy as you are opening this out into
►at area for buffets. What protection do you offer the neighbors from this
oise when you haven't in the past?
Ir. Baers answered that the nature of the operation is changing from on
Which was an open venue with live entertainment that attracted people in
nd out which generated noise and complaints. All that will be eliminated
nd this will not be a public venue for entertainment in the courtyard.
additionally, there will be sound attenuation improvements made to the
tructure. For the private events where the music has been inside, recent
oise readings taken show noise standards were being met. Complaints j1
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1
Yes, we can deal with it by imposing the condition closing 1
boardwalk side doors; the applicant would have to put an alarm
because that is an emergency exit;
It gets down to the minutiae of what you deal with; we can try
enforce this, but there is no promise the conditions will work mire
and staff may need to come back for another review.
imissioner Hawkins again asked if we impose a condition that
music to 10:30 p.m. and close at 11:00 p.m., and if the decibel
ieds the allowable noise at 10:01 p.m., can we still go in and shut
Lepo answered it is just not that simple. Mr. Sheritt's comments and h
tairs tenants comments about the structural -born sound that is going
measured differently. The boom, boom boom thing is not going
ster on the sound meter. It's there and that will drive you crazy. That
caveat I am putting in here. If you want to do this, I suggest that yc
tinue this item and staff will come back and based on what you tell t
want us to accomplish, and offer conditions on how we will deal wi
�e matters such as structural vibration and sound; and, measuremen
noise violation on the public sidewalk between the Balboa Inn and th
dential property to the west. We have to be very careful; that is a publ
t -of -way. Discussion continued.
was made by Commissioner Eaton and seconded
oner Hawkins, to approve the request with all of the conditions
ided by staff, with the following modifications:
The live entertainment be allowed a maximum 8 times per me
excluding July and August;
The live entertainment occurs only within the dining rooms;
A waiver of 11 parking spaces, and not the originally requested
spaces;
The live entertainment to go to 11:00 p.m. on Friday and Satur
evenings, and;
There will be a one year review.
McDaniel asked that the drum portion be added to
Eaton refused and said the a substitute motion would
be made.
issioner McDaniel noted the drums are problematic and the sound
by the cement and there is nothing that can be done about it.
issioner Eaton noted this would be micro managing if this was put in.
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Page 22 of 27
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06/20/2007
Planning Commission Minutes 04/1912007 Page 23 of 27
ommissioner Hillgren asked if there was a way to monitor the vibration's
Commissioner McDaniel asked staff about their opinion on the drums. Has
his been a problem in the past?
Mr. Lepo answered that it is structural born vibrations such as drums,
amplified music and percussion music that are problematic. I am saying
xpand on that, it is a big problem as you have heard from the tenant and
landlord. Just be clear as to what you want us to do relative to structural
orn transmissions.
ommissioner McDaniel asked if this was part of the motion.
Commissioner Eaton answered, "no ", it is micro - managing without
evidentiary record of how that could be measured.
Commissioner Eaton repeated the motion to approve the request with all o
he conditions as recommended by staff, with the following modifications:
The live entertainment be allowed a maximum 8 times per month
excluding July and August;
The live entertainment occurs only within the dining rooms;
A waiver of 11 parking spaces, and not the originally requested 24
spaces;
The live entertainment be extended to 11:00 p.m. on Friday and
Saturday evenings, and;
There will be a one year review.
Commissioner Hawkins asked staff if they are comfortable with the 11
pace parking waiver.
Mr. Lepo answered that we will have the exact numbers based on the
fining areas ( which is 1,295 square feet of net public area).
ommissioner Eaton amended his motion to clarify that with the 11 parking
pace waiver subject to the confirmation that it is based upon the difference
etween 1 per 50 and 1 per 35 in the dining room only. The amendment
as seconded.
ommissioner McDaniel noted that if there are violations before the review
omes back, there should be an opportunity for neighbors to have recourse
ithin that year.
Or. Lepo suggested that we can come back within the first year if the
fanning Department receives complaints. The maker of the motion
greed.
Or. eaers asked if they could have July and August for the bookings. N
rums is fine.
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ommissioner Hillgren noted from the original presentation, the concept "o
aving this special opportunity was to be sure that the Inn had business
uring the non -peak periods. The summer is a peak time and I don'
nderstand why you have to have it during the summer as that is the time
he business is doing the best.
Mr. Baers noted he did not mean to imply that the enhancement was only
or the off -peak season. It is an enhancement for the peak season as well.
He wasn't trying to imply everything works fine during the peak season that
we do not need to have this special venue and that it would operate well
only within the off -peak time. If you are offering this type of venue you can'
ell someone they can't do it during July and August and they have to go
somewhere else.
Commissioner Hillgren said, "yes ", you could. If your business is successful
during the peak time of season, then you can say you don't need that
business and limit it to the off -peak periods when you need to have the
additional business happen.
Mr. Baers stated he thought the issue was to put a limit on the number of
pecial events. We are willing to say instead of 8 to make it 5.
ommissioner Eaton noted his intent was to also eliminate a conflict that
as the potential to get out of hand and be egregious, and that is during the
onths of July and August. It might also be during June too, but he was
filling to concede June because there is no arguing that is a prime month
or weddings. I would not want to change my motion.
ommissioner McDaniel noted he has come so close to voting no on this
item. I hope the applicant will accept this and I really believe we have
tretched to give the applicant the opportunity to do what you need to do to
rove yourselves as opposed to just voting "no" on the whole thing. You
on't have the parking, you're experience for noise in the neighborhood has
of been pleasant and the Police Department says they have been called
uftiple times, and I think this Commission has stretched to give you this
portunity to prove yourself that this will work. My point to you is that this
s either a "yes" or "no ".
Commissioner Hawkins noted there are 8 times a month during the off -pea
seasons except for June. The applicant is looking for special events during
July and August; we can ratchet the numbers down to two in July and
August. This way they are not dark and the restaurant has been given a
chance. He made this into a Substitute Motion with everything else in the
original motion.
Substitute Motion failed for lack of a second.
Mr. Baers noted his concern for the events already booked for July and
August. And asked if the months of July and August could be waived this
ear.
Commissioner Eaton amended his motion for those specific 5 dates as
noted on handwritten page 31.
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Planning Commission Minutes 04/19/007
Chairman Cole asked if the applitaht
Baers answered he agrees.
is in agreement with the motion'
missioner Hillgren asked if the doors and windows would be in
to these 5 events.
r. Baers answered the work has not been done yet and so could not g
definite answer.
nissioner Eaton noted his amendment would include that this work
in order to waive those five dates in July and August.
ioner McDaniel seconded this amendment.
nissioner Hawkins noted that the noise attenuation i
to be made prior to any live music going in.
Baers answered there is an event scheduled for April 21st and 28th.
y are willing to work with you on a trial basis and come back.
hairman Cole asked when the improvements would be completed.
Baers answered 60 days.
mmissioner Eaton noted his reluctance to make this part of the motior
what they have been doing is not permitted under their existing permit.
revocation has only been stayed pending this meeting tonight. I don i
I to have the Planning Commission take on the responsibility foi
wing those events to continue without the conditions in effect.
missioner McDaniel noted his agreement stating the Commission
over backwards to try and make something happen. I have stret(
;r than I intended and for them to ask permission after the fact, I I
le with that. I think our motion is accepted, or we vote "no ".
in Cole noted the motion has been amended to allow these
only if all the improvements outlined in the staff have
missioner Eaton noted he did not say completion, only conformance.
staff interprets conformance is up to them.
Lepo answered that he agrees the doors should be installed by
. We will work with Building Department to get the permits done.
Baers stated he agrees with
ovement be completed by May
recommendations as proposed.
Eaton, Hawkins,
None
the further provisions that the do
15th as well as the other changes
Page 25 of 27
4t
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Planning Commission Minutes 04/19/2097
Excused:
I Peotter and Toer e
BJECT: Orchid Plaza (PA2005 -098)
ITEM NO.4
3600 E. Coast Highway
PA200"98
roje Update - discussion item only.
Discussion Item
only
Mr. Lepo stated that the staff report is included as a response to
ommissio r Hawkins request at the last meeting for an update on the
use permit at 600 East Coast Highway. Grading of the site is underway
and nothing ha een built.
Commissioner Ha ins asked if the condition for the commencement of
work being done with 24 months has been met. He was answered yes.
ADDITIONAL BUSINESS:
ADDITIONAL
BUSINESS
a. City Council Follow-up
Mr. Lepo noted thast meeting, the City Council heard the
appeal of the Plann 'ssion decision on the Newport Beac
Brew Company behe was concern on the detail an
specifics of the resois ite was continued to May 22nd; and,
a consideration of oeptan of the revised appraisal fo
purposes of increaspark fe as continued to April 24th a
the request of the Bdustry As ciation.
b. Re ort from Plannin ission's re r entative to the Economic
Development Committee
Commissioner Hawkins noted there was a repo from Glen Everroa
regarding business license fees. One of the c cerns noted wa
that there are a lot of LLC's, LLP's and other leg fictional entitie
are being assessed business license taxes and that y thought tha
was unfair. Mr. Everroad explained the nature and rats ale.
C. Report from the Planning Commission's re resentat to the
General Plan/Local Coastal Program Implementation Comm ee
Commissioner Eaton noted that both the Zoning re -write consu nt
and the Technical Advisory Committee members were in attenda
and they went through a general expectation session. Most of t
advisory members would like to have priority given to their concern
such as the grade and height. It was determined the first issue for
committee review will be the coastal bluff issue at the next meeting
on the 23rd
\
d. Report from the Planning Commission's representative to the
Intensive Residential Occupancy Committee
None.
I
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Page 26 of 27
zel
nF /�n /7nn7
Exhibit 3
PC Resolution No. 1720
X13
RESOLUTION NO. 1720
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO
USE PERMIT NO. 3158 PERMITTING LIVE ENTERTAINMENT
AND DANCING AND A PARKING WAIVER FOR AN EXISTING
RESTAURANT LOCATED AT 105 MAIN STREET (PA 2006 -270)
WHEREAS, an application was filed by Balboa Inn LLC, with respect to property located
at 105 Main Street, and legally described as Lots 12, 13, 14, 15 &.16 in Block 10 of the Balboa
Tract, requesting an approval of an amendment to Use Permit No. 3158 to permit live
entertainment and dancing within an existing restaurant use and a waiver of 11 parking
spaces associated with the introduction of live entertainment; and
WHEREAS, a public hearing was held on April 19, 2007, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Municipal Code. Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
meeting; and
WHEREAS, the subject property is located within the Central Balboa Speck Plan and is
subject to the parking requirements of Section 20.45.0500 which establishes a fixed parking
ratio for eating and drinking establishments with and without live entertainment. With the
introduction of live entertainment within the interior dining rooms (1,295 sq. ft. NPA), the
restaurant would be required to provide an additional 11 parking spaces. Since the site cannot
accommodate any off -street parking, a waiver is therefore needed for the 11 parking space
increase; and
WHEREAS, a Use Permit for the 11 space parking waiver has been prepared and
approved in accordance with Section 20.66.100 (Modification or Waiver of Off -Site Parking
Requirements) of the Newport Beach Municipal Code based on the following findings and
facts in support of such findings:
1. Finding: That municipal parking facility is so located as to be useful in connection with
the proposed use or uses on the site or sites.
Facts in Support of Finding: A large municipal parking facility is located directly south of
the property and is the primary parking for beach visitors and for the commercial uses of
the Balboa Village. During the evening hours, the public parking lot is not heavily used by
beach visitors and the municipal parking facility should be able to accommodate the
parking demand of the project, as conditioned, without impacting public parking spaces
available for coastal access.
2. Finding: The parking demand will be less than the requirement in Section 20.66.030
Facts in Support of Finding:
4A
Planning Commission Resolution No. _
Paqe 2 of 10
a. The restaurant is an integral part of the hotel itself, and when wedding receptions
and other private events occur, the restaurant actually functions more like a
banquet facility for the hotel.
b. Typically, hotels are permitted to include accessory restaurants and banquet
facilities without providing increased parking, since these activities are normally
associated with hotel operations.
c. Private events not providing live entertainment and dancing are currently
permitted activities. The addition of live entertainment for these private events
would serve to enhance these events and improve marketing of the venue, but not
necessarily increase attendance at any single event.
d. A parking requirement of 1 space per 50 square feet of net public area would be
more realistic in this case. Therefore, the parking demand is less than the 1 space
per 35 square feet of net public area required by the Central Balboa Specific Plan
parking requirements and does not exceed the restaurant's current demand for
parking in association with these events.
Finding: The probable long -term occupancy of the building or structure, based on its
design, will not generate additional parking demand.
Facts in Support of Finding: The long term occupancy of the restaurant space, based on
its design and as conditioned, is not anticipated to generate any additional parking
demand. The principal operation of the use will remain a restaurant, and its use by the
hotel as a banquet facility for private events will remain an accessory use; and
WHEREAS, a Use Permit for the introduction of live entertainment and dancing has
been prepared and approved in accordance with Section 20.91.035 of the Newport Beach
Municipal Code based on the following findings and facts in support of such findings:
Finding: That the proposed location of the use is in accord with the objectives of this
code and the purposes of the district in which the site is located.
Facts in Support of Finding: The project is located in the Retail and Service Commercial
(RSC) land use designation of the Central Balboa Specific Plan (SP-8) District which is
intended to provide the Central Balboa area with commercial services for permanent
residents and visitors of the area. Hotel and restaurant uses are permitted within this
designation with the approval of a Use Permit. The current restaurant and bar use
operate pursuant to Use Permit No. 3158, and the introduction of live entertainment and
dancing in association with the existing restaurant is consistent with this designation.
2. Finding: That the proposed location of the Use Permit and the proposed conditions
under which it would be operated or maintained will be consistent with the General
Plan and the purpose of the district in which the site is located; will not be detrimental
to the public health, safety, peace, morals, comfort, or welfare of persons residing or
0
Planning Commission Resolution No. _
Page 3 of 10
working in or adjacent to the neighborhood of such use; and will not be detrimental to
the properties or improvements in the vicinity or to the general welfare of the city.
Facts in Support of Finding:
a. The introduction of live entertainment and dancing within the existing
restaurant, pursuant to the conditions by which it will be operated and
maintained, is consistent with the Mixed Use Vertical (MU -V2) land use
designation of the General Plan. This designation allows non - residential uses
including retail, office, restaurants, and similar uses. The existing hotel,
restaurant, and retail use of the structure is consistent with this designation.
b. Noise impacts and disturbances do affect the neighboring residential units, and
without proper controls can prove detrimental to the surrounding community. By
limiting live entertainment and dancing to private events only and establishing
proper controls and conditions, potential noise impacts will be minimized. In
addition to complying with all applicable Municipal Code sections pertaining to
the control of noise, a number of conditions as in Exhibit "A" have been adopted
to control potential noise related problems and prevent the establishment from
operating promoted parties and night club events open to the public.
c. Live entertainment and dancing provided only in association with a private event
is not anticipated to increase the parking demand of the facility or further impact
the parking availability for the area. The addition of live entertainment for these
private events would serve to enhance these events and improve marketing of the
venue, but not necessarily increase attendance at any single event.
3. Finding: That the proposed use will comply with the provisions of this code, including
any specific condition required for the proposed use in the district in which it would be
located.
Facts in Support of Finding: The Central Balboa Specific Plan requires an increased
parking requirement for eating and drinking establishments providing live entertainment.
However, the project as conditioned only permits live entertainment and dancing in
conjunction with private events to enhance and supplement the hotel's existing banquet
operation; therefore, the parking demand will not be as high as a separate restaurant
operation, nor exceed the restaurant's current demand for parking, supporting a waiver of
the parking increase associated with the introduction of live entertainment. Additionally,
the project has been reviewed and conditioned to ensure that conflicts with surrounding
land uses are minimized to the greatest extent possible.
WHEREAS, Coastal Land Use Polices 2.9.3 -1 and 2.9.3 -2 require properties with non-
conforming parking to provide code required off - street parking when new uses result in
increased parking demand and requires the City to deny applications for waivers of off - street
parking requirements that are found to impact public parking available for coastal access. The
introduction of live entertainment and dancing requires 11 additional parking spaces that cannot
be provided on -site; however, the findings necessary to approve the parking waiver can be
q(P
Planning Commission Resolution No. _
Paae 4 of 10
made consistent with these policies. Live entertainment and dancing provided in association
with private parties only is not anticipated to increase the parking demand of the facility or
further impact the parking availability for the area, as the addition of live entertainment would
serve only to enhance these currently permitted events, and will not necessarily increase
attendance;and
WHEREAS, the economic vitality of the Balboa Village business district is highly
seasonal and derived mostly from visitor - serving uses, rather than local residents. Many
businesses thrive during the summer season; however-, during the off - season businesses must
draw customers to their establishments by advertising, promotion, and providing facility space
for private events. The Balboa Inn fits the business pattern described above and has relied on
weddings and other private events as a part of their business model. Private events are
commonplace in hotels and inns in Newport Beach and throughout the coastal zone. The
Balboa Inn has also invested a significant amount of resources with an expansion and remodel.
A severe restriction or elimination of this activity would significantly impact their business and
possibly adjoining businesses as well; and
WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301
(Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act
(CEQA); and
WHEREAS, the requested live entertainment and dancing proposed on weekend
afternoons for the general public has been denied for the following reasons:
1. Between the hours of approximately 11 a.m. and 6 p.m. (8:00 p.m. in summer), the
municipal lot is filled to capacity by beach visitors and boat charters. Providing live
entertainment on a regular basis for the customer's enjoyment would attract more
customers, in turn, generating an increased parking demand. This would negatively
impact public parking resources and is inconsistent with Coastal Land Use Policy 2.9.3 -2.
2. The Police Department cites that they are required to spend a substantial amount of
time and resources policing the general area in and around the applicant's location,
where a majority of the problems encountered include public drunkenness, noise
complaints, argument mediation, assaults, thefts, and other public nuisances.
Weekend afternoon events open to the public attract increased visitors to the bar,
which can lead to increased calls for service and increase the demand for law
enforcement.
NOW THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves the
amendment to Use Permit No. 3158, subject to the Conditions set forth in Exhibit "A ".
Section 2. This action shall become final and effective fourteen days after the adoption of
this Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code.
q1
Planning Commission Resolution No. _
Page 5 of 10
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF APRIL 2007.
AYES: Eaton, Hawkins, Cole, McDaniel and Hillaren
EXCUSED: Peotter and Toerae
Planning Commission Resolution No. _
Paqe 6 of 10
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDMENT TO USE PERMIT NO. 3158
Project Specific Conditions
The development shall be in substantial conformance with the approved floor plans
stamped and dated with the date of this approval. (Except as modified by applicable
conditions of approval.)
2. The amendment to Use Permit No. 3158 shall expire unless exercised within 24 months
from the date of approval as specked in Section 20.91.050 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
The existing wrought iron gates located at the entrance of the courtyard off E. Ocean
Front shall be replaced with sound attenuating double pane doors and windows and
installed with panic hardware. The design of the doors shall be reviewed and approved
by the Planning Director, prior to Building Permit issuance. These improvements shall be
completed by May 15, 2007.
4. The operation of the restaurant shall be restricted to the hours between 6:00 a.m. and
2:00 a.m. daily. The total combined "net public area" of the interior dining rooms, cocktail
lounge, outdoor dining and courtyard area shall not exceed 1,696 sq. ft. prior to 3:00 p.m.
After 3:00 p.m., the total combined `net public area" shall not exceed 2,773 sq. ft. at one
time.
5. That the barrier used to define the limits of the outdoor dining area and the portion of
the restaurant that will be used prior to 3:00 p.m. shall be approved by the Planning
Department. (1985 Condition)
6. That a minimum 3- foot -wide space shall be maintained between the edge of the bridge
over the East Ocean Front sidewalk and any tables and chairs. (1986 Condition)
7. That a minimum 3- foot -wide space shall be maintained between the edge of the
buildings and any tables and chairs in the outdoor dining areas. (1986 Condition)
8. That all outdoor dining areas shall be clearly defined by poles and ropes, or other
means approved by the Planning Department. (1986 Condition)
9. That the second floor tables and chairs shall be arranged so that they will not obstruct
access to rooms or stairways. (1986 Condition)
10.That twenty-four (24) in -lieu parking spaces shall be purchased from the City on an
annual basis for the duration of the preliminary restaurant use and that the annual fee
for said parking shall be in accordance with Section 12.44.125 of the Newport Beach
Municipal Code. (1986 Condition)
qj
1
Planning Commission Resolution No. _
Page 7 of 10
11. Prior to instituting food service on the bridge over the City-owned East Ocean Front
sidewalk, the applicant shall enter into an agreement with the City Attorney that fully
protects the City against any loss or damage from injuries that are in any way related
to the intensification of the use of the bridge. (1986 Condition)
12. All doors and windows of the dining room areas shall remain closed at all times during
events, except for ingress and egress of patrons and employees. Additionally, the doors
shall be equipped with self - closing hinges.
13. The doors off East Ocean Front shall remain closed at all times during events providing
live entertainment, amplified music, and/or dancing. Ingress and egress by patrons and
employees shall be prohibited, except for emergencies.
14. The use of live entertainment shall be permitted in the interior dining room areas only,
as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit
issued by the City Manager. Such activities shall be prohibited within the courtyard area
and second floor patio areas.
15. Live entertainment and dancing shall be permitted in conjunction with private events only.
The use of live entertainment and dancing shall be prohibited for any other events and
uses open to the general public, including the use of a disc jockey or karaoke. For the
purposes of this condition, private events are defined as any function which is not open
to the general public and limited to those persons individually invited and for which no
admission charge is made (i.e. weddings, birthday parties, retirement parties, and
corporate parties).
16. Private events shall conclude at 10:00 p.m. and any associated live entertainment
shall conclude at 9:30 p.m., except on Fridays and Saturdays where such events
(including live entertainment) shall conclude at 11:00 p.m.
17. Private events providing live entertainment shall be limited to a maximum of 8 events
per month, excluding the months of July and August where such events shall be
prohibited. Exception: The 5 events currently scheduled during the months of July and
August 2007 shall be permitted to continue, subject to all other conditions of approval.
18. The use of strobe lights or other special lighting effects that are determined to produce
visual impacts to the neighboring uses and residents are prohibited.
19. Background music on any of the outdoor patios, dining areas, lounges, or waiting areas
is prohibited.
20. Dancing is permitted in the interior dining room areas only, as depicted on the
approved set of plans.
21. Dancing is prohibited within the courtyard area, bar, or outdoor patios, unless authorized
by a special events permit or an amendment to the Use Permit.
5b
Planning Commission Resolution No. _
Paae 8 of 10
22. Prior to the introduction of live entertainment or the issuance of a Live Entertainment
Permit, the applicant shall submit a comprehensive security plan for the permitted uses
for review and approval by the Newport Beach Police Department. The procedures
included in the plan and any recommendations made by the Police Department shall be
implemented and adhered to for the life of the Use Permit.
23. Two exits shall be provided within each interior dining room area. In -lieu of providing two
exits within each room, the existing interior partition separating the two interior dining
rooms shall be removed.
24. An exiting analysis shall be provided for the review and approval of the Building and Fire
Departments. Analysis shall include occupant load of all spaces, number of exits, exiting
paths, and door hardware. Analysis should illustrate what is existing, what is required by
Code, and what is proposed.
25.That the on -site development standards as they apply to walls, landscaping, parking
lot illumination, a portion of the required parking and utilities, are waived. (1986
Condition)
26.The operation of live entertainment and dancing shall be reviewed by the Planning
Commission 1 year from the effective date of this approval (May 3, 2007). The
Planning Commission shall have the right to modify the terms and conditions of Use
Permit No. 3158 by imposing new or revised conditions related to the operation of live
entertainment and dancing. The Planning Director may initiate a review earlier than 1
year from the effective date of approval if significant problems are identified.
Standard Conditions
27. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
28.This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
29.The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted
version of the California Building Code.
30.Any change in operational characteristics, hours of operation, expansion in area, or
other modification to the approved plans, shall require an amendment to this Use
Permit or the processing of a new Use Permit.
5k
Planning Commission Resolution No.
Paqe 9 of 10
31. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
32.This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
33. Should this business be sold,or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by the current
owner or leasing company.
34. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by patrons, live
entertainment, pre - recorded amplified music, food service operations, and mechanical
equipment. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 and other applicable noise control requirements of the Newport Beach
Municipal Code.
35. No outside paging system shall be utilized in conjunction with this establishment.
36.AII trash shall be stored within the building or within dumpsters stored in the trash
enclosure.
37.Trash receptacles for patrons shall be conveniently located both inside and outside of
the establishment, however, not located on or within any public property or right -of-
way.
38. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
39. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self- contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Department. Cleaning and maintenance of trash dumpsters shall be done in
compliance with the provisions of Title 14, including all future amendments (including
Water Quality related requirements).
40. Prior to the final of building permits, the refuse storage facilities should be upgraded to
meet the requirements specified by Title 20 by providing self - locking gates.
41. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director,
and may require an amendment to this Use Permit.
5a'
Planning Commission Resolution No. _
Page 10 of 10
42. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
43. No background music shall be allowed on any of the outdoor patios, dining areas,
lounges or waiting areas.
44.A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or that would
attract large crowds, involve the sale of alcoholic beverages, include any form of on-
site media broadcast, or any other activities as specified in the Newport Beach
Municipal Code to require such permits.
45.Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge,
including minimum drink orders or sale of drinks is prohibited.
46.AII exits shall remain free of obstructions and available for ingress and egress at all
times.
47. Strict adherence to maximum occupancy limits is required.
48.AII owners, managers and employees selling alcoholic beverages shall undergo and
successfully complete a certified training program in responsible methods and skills for
selling alcoholic beverages. The certified program must meet the standards of the
California Coordinating Council on Responsible Beverage Service or other
certifyingilicensing body, which the State may designate. The establishment shall comply
with the requirements of this section within 180 days of the issuance of the certificate of
occupancy. Records of each owner's, manager's and employee's successful completion
of the required certified training program shall be maintained on the premises and shall
be presented upon request by a representative of the City of Newport Beach.
49. The alcoholic beverage outlet operator shall take reasonable steps to discourage and
correct objectionable conditions that constitute a nuisance in parking areas, sidewalks
and areas surrounding the alcoholic beverage outlet and adjacent properties during
business hours, if directly related to the patrons of the subject alcoholic beverage outlet.
50. That a washout area for the restaurant's trash containers shall be provided in such a
way as to insure direct drainage into the sewer system and not into the Bay or the
storm drains, unless otherwise approved by the Building Department. (1985 Condition)
51.That grease interceptors shall be installed on all fixtures in the restaurant facilities
where grease may be introduced into the drainage systems in accordance with the
provisions of the Uniform Plumbing Code, unless otherwise approved by the Building
Department. (1985 Condition)
65
Exhibit 4
Comprehensive Security Plan
,5q
:,5/14/2007 15:25 949673?F87 BALBOA INN PACE 02
ON THE SAND AT NEWPORT
The Balboa Inn provides the following policies and procedures for its employees and
security staff with respect to private parties and events:
Always be alert and aware of your surroundings and what's going on inside the restaurant
and banquet rooms. Look for any potential. problems. Always avoid any commotion
or loud scenes. Always kindly, verbally diffuse situations.
Staff should always remain calm, cool, patient, and polite, even with rude and obnoxious
guests.
Do a quick walk through and survey the restaurant and banquet rooms, looking for
anything at anyone out of place or uninvited guests.
Always position yourself outside the entrances where you can be seen by potential guests,
city officials, police/fire dept.., or other passers by. (Presence is very important, so do not
leave the entrances unattended)
Keep entry /exit points clear of people, stools, or anything else that prevents safe entry or
exit.
Make sure Balboa Inn/Siena patrons, waiting to enter, exiting., or outside smoking do not
block or interfere with regular traffic on the sidewalk or boardwalk. Also ensure that the
patrons are quiet while on the boardwalk.
Everyone must show valid, government issued 1.13 for the purchase of alcohol each and
every time they enter, regardless if they are a regular, your best friend, family, if the have
already presented to you, or just stepped out in order to prevent I.D. Passing.
If you question an I.D.'s validity or authenticity, check the I.D. book. Always make sure
the description on the I.D. matches the person. Never comment, joke or laugh at an I.D.
in question. You may be insulting a guest or accepting responsibility for admitting an
invalid LD. utftowingly.
ltt =cated customers may not come in to the restaurant or banquet rooms. Kindly turn
them away, and ask them to return another time. Never be rude or demeaning.
Intoxicated or over 'intoxicated guests are not the restaurant or hotels burden, they are our
responsibility. Always treat guests courteously, offering assistance to ensure they Quake it
home safely. Offer to call a cab, &lend or family member, and give water, juice, coffee,
or napkins as may be necessary. The number for a cab company should be programmed
into your cell phone.
105 MAIN STREET • BALBOA, CALIFORNIA 92661 • (949) 675 -3412 • Fax (949) 673.4587 5
www,balboainn.com 13 -mail: info@ balboainn.com _.
05/14/20V 15:25 94967;:VM7 BALBOA INN PAGE 03
am& t&&"
ON THE SAND AT NEWPORT
If one or more guests are acting unruly, treat them respeedliilly and ask them to act in a
manner which will allow them to enjoy themselves safely. If they cannot, ask them to
please leave and come back another time. Bever initiate a confrontation or intimidate
them with physical contact. Never kick guests out; taciihlly ask them to leave.
Absolutely no beverages outside (water, coke, juices, etc.). Look for any guests sneaking
drinks out, etc.
Absolutely no drug use in or around restaurant or hotel.
If there are any undesirable people (gangs, vandals, etc) on the beach, boardwalk, pier
etc., use a cell phone to report them to the police.
If there are any persons or group not able to get along, separate them into different rooms.
If they must be asked to leave, separate them to different exits.
Make sure all drinks are pulled and all guests are out of the building by closing time
quietly disperse the crowd outside at close.
Reduce overall crime throughout the neighborhood and reduce noise, unlawful littering,
trespassing, loitering, graffiti, disorderly conduce. Observe and report illegal activity in a
non- oonfrontational way. Increase perception of security among neighborhood residents,
clients, worker, and tourists.
Provide an image of a safe and inviting environment that offers additional security
personnel and public relations to the neighborhood.
All Managers & Key personal shall know and enforce the occupancy limit for each room.
During all private parties and events, at least one security personal shall be present to
ensure the safety of all guests and enforcement of rules and regulations mentioned above.
105 MAIN STREET • BALBOA, CALIFORNIA 92661 - (949) 675 -3412 • Fax (949) 673 -4587 (�
www.balboafnn.com E -mail: info @baIboainn.com
Exhibit 5
Applicant's Letter
51
RECEIVED BY
4-10-08 PLANNING DEpMT,.1¢► rr
APR ) 2008
Planning Commission
City of Newport Beach
3300 Newport Blvd.
Newport Berach, CA 92658 -8915
Dear Commissioners:
Balboa Inn
105 Main Street
Balboa, CA 92661
(949) 675 -3412
We are taking this opportunity on the one year review of Use Permit 3158 (to
allow live entertainment and dancing in association with the existing restaurant
use, for private events only, and to waive the parking requirement related to live
entertainment of 11 spaces, which can be reduced to 5 spaces since Balboa Inn
has six excess spaces over that required for Use Permit 3683, Balboa Inn
Expansion, dated October 5,2000) to inform you as to what private event activity
has occurred from May 2007 to April 2008, and to seek your support for certain
modifications to the terms and conditions of the permit.
Our commentary is divided into three sections: first, what private events were
held and their characteristics; second, what has been done to satisfy the project
specific conditions; and third, our request to modify Conditions 14, 15, 16, 17,
19, 20 and 21.
First, the following chart summarizes the nature of private events held from May
2007 to April 2008.
Number of Events 21
Schedule- month and time period 2007 M -3, J-3, Ju -4, Sept. -2, Oct -3, Nov -2,
Deo-1,
2008 Jan -1, April -2
10 0 7:00- 11:00pm, 7 0 6:00 -11:00 pm, 1 0
5:00pm, 1 014:30- 10.30pm, 10
3:30 -8:30, 103:00- 7:00pm
Type of Event 13- Wedding, 2 -13-day, 2- Party, 2- Reunion, 2-
Corp Dinner
Attendance 7 < 50,7 <100, 7 >100,
Type of Entertainment 19 -DJ, 2 -None
Dancing 19
5�r
Page Two
Second, what has been done to satisfy the conditions of approval
1. Approved floor plans have not been changed.
2. Amendment to Use Permit 3158 was exercised on May 4, 2007, well within
the 24 month deadline to exercise the permit.
3. The existing wrought iron gates located at the courtyard entrance off East
Ocean Front were replaced with a solid wall and doors with panic hardware on
May 11,2007, before the May 15,2007 deadline.
4. The restaurant/private event operations over the past year have conformed
to the area and time of operation restrictions:
Net public area before 3:OOpm does not exceed 1696 SF.
Net public area after 3:00 pm does not exceed 2773 SF.
Restaurant hours of operation have been restricted to the time between 6:00 am
and 2:00 am daily.
5. The Planning Department, by on -site inspection in June, 2007, approved the
barriers restricting net public area to 1696 sf by doors, ropes and poles
delineating the areas that
exceed 1696 sf. These are the north dining room (652 sf and the second floor
outdoor dining (north) (425 sf)
6. A minimum 3 foot wide space has been maintained between the edge of the
bridge over E. Ocean Front sidewalk and the location of any tables and chairs.
7. A minimum of a 3 foot wide space has been maintained between the edge of
the buildings and any tables and chairs in the outdoor dining areas.
8. All outdoor dining areas have been clearly defined by doors, ropes and
poles, and approved by the Planning Department in June, 2007 via on -site
inspection.
9. Second floor tables and chairs have been arranged so there is no
obstruction of access to rooms or stairways.
10. The Balboa Inn has purchased 24 in -lieu parking spaces from the City for
$3,600 -5000 annually. These payments have been made annually by the
Balboa Inn since 1986 for a total of about $110,000.
11. The Balboa Inn has executed an indemnity agreement with the City on
about April 25, 2007, regarding loss or damage related to intensified use of the
bridge.
S0\
Page Three
12. The three doors (with self - closing hinges) and two windows of the indoor
dining room are closed during events except for ingress and egress.
13. The three doors off E. Ocean Front are closed at all times, except for
emergencies, during events with live entertainment, amplified music and /or
dancing.
14. A live entertainment permit was previously issued by the City Manager on
about April 2004. Live entertainment is restricted to the interior dining room, as
depicted on the approved set of plans.
15. Live entertainment and dancing has been restricted to private events. Of
the 12 private events held from May 2007 to April 2008, over 50 % had live
entertainment which was in the interior dining area along the north wall as
shown on the approved set of plans.
16. The time period limitations on private events and associated live
entertainment have been strictly adhered to.
17. The limitation of 8 events per month has been adhered to. The further limit
of only the 5 previously scheduled events during July and August 2007 has also
been adhered to.
18. There has been no use of lighting that could impact neighboring uses and/
or residents.
19. There has been no background music in any area of the Balboa Inn,
including outdoor patios, dining areas, lounges or waiting areas.
20. Dancing has been restricted to the interior dining area, as shown on the
approved set of plans.
21. Dancing has not been permitted in any outdoor area or bar. There have not
been any events whicfh needed to request a special events permit to allow
dancing.
22. A comprehensive security plan was approved by Lt. Frizzel of the NBPD in
April, 2007. It entails policies and procedures to operate food and beverage
establishments.
It has been adhered to for all private events.
23. Exiting from the two interior dining rooms has utilized the three exit doors.
Since the interior sliding partitions have been removed, the interior functions as
one space. Therefore, the three existing exit doors are adequate.
0
Page Four
24. An exiting analysis was approved by the Building and Fire Departments in
April, 2007.
25. No comment necessary.
26. This commentary provides the Planning Commission with an account of the
past year activity regarding live entertainment and dancing is association with
private events held at the Balboa Inn. It can be concluded that the applicant has
fulfilled all of the conditions of approval, and there have been no noise or other
impacts from the addition of live entertainment/dancing to neighboring uses
and /or residents.
The third section of this commentary addresses our ideas on modifying certain
of the conditions of approval.
The addition of live entertainment and dancing in association with private
events has been essential in marketing Balboa Inn for private events. The Inn is
a boutique visitor accommodation with historic charm and a unique location on
the beachfront of Balboa Village. It has proven to be popular for smaller events
of under 150 persons.
To allow our business to continue and grow, we respectfully request that certain
conditions be modified. The areas of concern are the following:
Condition 14, restricts live entertainment to the interior diniing areas.
Condition 15, restricts live entertainment and dancing to private events.
Condition 16, restricts hours for private events and any associated live
entertainment.
Condition 17, limits the number of private events to eight per month and
excludes July and August.
Condition 19, prohibits background music on any outdoor patio, dining area,
lounges or waiting areas.
Condition 20, restricts dancing to the interior dining area only.
Condition 21, prohibits dancing in the courtyard, bar or outdoor areas, unless
authorized by a special event permit or amendment to the Use Permit.
These seven conditions are intended to ensure that off -site impacts from private
events with live entertainment and dancing do not occur. Our experience of the
past year has demonstrated that the Balboa Inn venue can host a variety of
special events without adverse impacts, such as noise.
In the past year, we have hosted 13 weddings, 2 corp dinner, and 6 other
events. All but 2 had DJ's and dancing.
Ipy
Page Five
We have learned valuable lessons during this year. The most important is that
flexibility is crucial to satisfying client needs. The 2,773 SF affords various ways
to stage events because there are four different types of space: outdoors
second floor; partially enclosed courtyard on the ground floor; enclosed bar on
the ground floor, and interior space on the ground floor.
To be competitive, we must allow the event planners to have flexibility so they
can utilize each space in an appropriate manner to enhance their event. At the
same time, they must be constrained by regulations to protect public health and
safety and be considerate of our neighboring businesses and residents of the
village. For example, a daytime wedding ceremony staged on the bridge could
be enhanced by a string ensemble or guitar. But, our conditions prohibit live
music or even background music outdoors.
To utilize the three different spaces on the ground floor, there needs to be a flow
of activity between them. In fact, the different characters of the three spaces is
what is attractive to many clients. The courtyard space could be ideal for a
small musical ensemble (duet, trio, or quartet) with classical instruments, or a
singer and piano. They would provide background music and set a mood. A
small mariachi band could stroll between tables.
In the above scenario, the doors from the courtyard to the bar and interior space
would be open so that guests can stroll from one space to the other.
Adverse impacts, such as noise, can be controlled by permitting only "quiet" or
"soft" background music that has a decibel level at the property line no louder
than conversation between people, or below the noise ordinance level for
residential areas, which is 50 -55 dba.
Balboa Inn is a good neighbor in Balboa Village, and their business enhances
neighboring businesses. In this context, we propose that the six conditions of
concern be modified to ensure a "good neighbor' policy and provide adequate
flexibility for our clients to plan their events. We suggest the following:
Conditions 14, 15, 19, 20 and 21 be revised to: Live entertainment and dancing
are permitted in association with private events. Noise levels measured at the
property line may not exceed existing noise ordinance standards for residential
areas, which is 50 -55 dba, which is similar to conversation between people.
Dancing is permitted in the indoor space and courtyard as long as noise levels
meet the same criteria as for live entertainment. A temporary sound curtain or
similar device shall be employed at the north opening of the covered courtyard,
as necessary, to meet noise level limitations. Ingress and egress between the
roofed and open courtyard sections shall not be restricted.
Dancing is prohibited on the bridge over East Ocean Front to protect public
M.
1'
Page Six
safety.
Background music, live or recorded, is permitted in all areas of the property as
long as noise levels meet the same criteria as live entertainment.
The applicant shall have appropriate noise level measurement equipment on
site and monitor noise levels during events, and take all measures necessary to
ensure that noise levels are within prescribed limits.
Condition 16, to be revised to: Private events shall conclude at 11:00pm and
any associated live entertainment shall conclude at 10:30pm, except on Fridays
and Saturdays when such events (including live entertainment) shall conclude
at 12:OOam.
Condition 17 to be revised to: Occupancy at any special event shall not exceed
applicable codes, and there shall be a maximum occupancy of 184 persons.
A maximum of 8 special events per month are permitted. Additional events may
be scheduled subject to issuance of a special event permit by the City.
For any special event scheduled during peak summer beach hours, from 11:00
am to 5:00 pm, valet parking shall be provided by the applicant and shall not
impact the City beach parking lot.
Existing restaurant operations and live entertainment/dancing to be revised to:
Live entertainment and dancing in association with the existing restaurant
operation shall be permitted under the following conditions:
* All restaurant operations, including live entertainment/dancing shall comply
with noise level limits established for private events.
* Live entertainment and dancing shall be restricted to the interior ground floor
space and partially enclosed courtyard. When necessary, a temporary sound
curtain may be utilized at the north opening to the courtyard, without restricting
access.
* Live entertainment shall conclude at 10:30 pm, except on Fridays and
Saturdays when live entertainment shall conclude at 12:OOam.
* Sound level monitoring shall be conducted by the applicant with on -site
equipment provided by the applicant, to ensure conformance to noise level
limits consistent with existing noise ordinance standards for residential areas,
which are 50 -55 dba measured at the property line.
* The restaurant operator shall provide valet parking service during the peak
summer beach hours of 11:00 am to 5:00 pm, without impacting the existing City
beach parking lot.
t')
Page Seven
The applicant shall report annually to the City Planning Department on
restaurant and private event activity. The report shall include the following:
Number and type of events by month
Time of event
Type of live entertainment
Attendance
Type of security provided
Use of valet parking
Report from the NBPD on any problems or complaints resulting from
events and restaurant operations at the Balboa Inn
Thank you for your consideration of our suggestions. We feel that these
modified conditions will safeguard Balboa Village business establishments and
residents from adverse impacts from the existing restaurant operations and
private events. We welcome your suggestions so that our business operations
can be viable and of benefit to the community.
Sincerely yours,
Michel Pourmussa
Balboa Inn, LLC
Managing Member
to A
Exhibit 6
Police Department Memorandum
65
A To
City of Newport Beach
Police Department
Memorandum
April 17, 2008
TO: Jaime Murillo —Associate Planner
FROM: Detective Dave Stark
SUBJECT: Balboa Inn — One Year Review
Last year the Planning Commission approved an amendment to Balboa Inn's Use Permit No.
3158. This amendment permitted live entertainment and dancing within the existing
restaurant with specific restrictions. Live entertainment and dancing would be permitted in
conjunction with private events only and limited to the interior dining rooms only. The
Planning Commission also limited events to a maximum of eight per month and prohibited
events during the months of July and August.
Per your request, our office has reviewed the activity of the Balboa Inn (105 Main Street) over
the last year. The Police Department responded to the Balboa Inn on several occasions
however, none of those incidents were directly linked to the newly permitted conditions.
The Police Department does not object to the operation of live entertainment and dancing as
it is currently described in UP No. 3158.
If you have any questions, please do not hesitate to contact me at (949) 644 -3706.
Detective Dave Stark
Vice and Intelligence Unit
no
I
• �wrogr
NEWr'ORT BEACH POLICE uEPARTMENT
P.O. Box 7000, Newport Beach, CA 92658 -7000
Vice and Intelligence Unit
(949) 644 -3706 or(949)644 -3709
Location Worksheet
Balboa Inn - 105 Main Street
Summary - Calls for Service
April 19th, 2007 to April 17th, 2008)
Tyne of Call Number of Calls
Disturbances 5
Loud Music Calls 0
Fights 3
Suspicious Circumstances 1
Theft Reports 2
911 Hang Up 60*
Drunk in Public 1
Animal Call 1
Missing Person 1
Parking. Problem 1
Outside/Unrelated Incident Reported 8
Vandalism 1
Follow -Up 1
Total Calls: 84
* Per Dispatch, there is a cell tower in close proximity which results in numerous 911 calls being associated
with this address.
Completed by: Detective D. Stark #1268
�1
Exhibit 7
Vic Sherreitt Letter
U" /Lul LeUud 5406755565
April I0, 2008
Planning Comrnision
City of Newport Beach
3300 Newport Blvd,
Newport Beach, Ca 92658 -8915
Dear Commissioners,
TGAtPGDRDGU
PAGE 01
I wish to offer my comments regarding the Balboa Inn Use Permit 3158.
During the past year, from May, 2007 until today, April 10, 2008, we have had no
complaints from our tenants. So, we assume that all has been quiet. Since we do
.not live at the property, we do not have first hand information.
Please let me know if you need any additional infonnatio,
Sincerely yours,
rt� J4,-I�t
Vic Sherreitt
Owner of adjacent duplex
949 673 -6640
IV W11
Exhibit 8
Existing Floor Plan
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