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HomeMy WebLinkAbout5.0_Woody's Wharf Use Permit_PA2011-055CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT November 8, 2012 Agenda Item 5 SUBJECT: Woody's Wharf Use Permit - (PA2011 -055) 2318 Newport Boulevard Conditional Use Permit No. UP2011 -010 APPLICANT: Martin Potts, MPA, Inc., on behalf of Woody's Wharf Restaurant PLANNER: Javier S. Garcia, AICP, Senior Planner (949) 644 -3206, jgarcia @newportbeachca.gov PROJECT SUMMARY Amend the existing use permit to change the operational characteristics of an existing restaurant. The changes include: 1) the introduction of patron dancing; 2) extending the opening hour from 11:00 a.m. to 10:00 a.m. and the closing hour of the outdoor dining area from 11:00 p.m. to 2:00 a.m.; 3) amending the requirement for full -time valet parking service during restaurant operating hours; and 4) waiving up to 6 parking spaces resulting from increased occupancy created by patron dancing and the elimination of valet parking service. The application will also address minor changes to and the elimination of conditions of approval that are duplicative, no longer applicable, or need clarification. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. approving Conditional Use Permit No. UP2011 -010 (Attachment No. PC 1), to allow changes to the operation of the restaurant that include: 1) the introduction of patron dancing within the interior of the restaurant; 2) extending the opening hour of the restaurant and outdoor dining area from 11:00 a.m. to 10:00 a.m.; 3) the use of the valet parking on an as- needed basis; and 4) waiver of a portion of the required parking. But denying the request to allow changes to the use of the outdoor dining area, that include: 1) removing tables and chairs within the outdoor dining area; and 2) extending the closing hour of the outdoor dining area from 11:00 p.m. to 2:00 a.m. 1 2 VICINITY MAP z.. GENERAL PLAN and COASTAL LAND USE PLAN i v ✓f .q'. yf i� Y ✓ ¢q � A 4 4 ¢•a � S Woody's Wharf Use Permit November 8, 2012 Paae 2 Project Site 2318 Newport Blvd ZONING 1� Po 4q ., 4q gq,yq ;q 9 Yq•',. q� i .4 ^yq q e ig 1i P. ✓ LOCATION GENERAL PLAN and ZONING CURRENT USE COASTAL LAND USE PLAN MU -W2 MU -W2 ON -SITE (Mixed -Use Water Related) (Mixed -Use Water Woody's Wharf Restaurant Related Restaurant, with Commercial and andRTH MU -W2 and MU -W (Mixed-Use Water Residential Uses Beyond SOUTH (Mixed-Use Water Related) Related) To the South - Commercial Buildings Vacant The Rhine Channel and CM (Marine The Rhine Channel and EAST Comm) and RM (Multi -Unit CM (Marine Commercial) The Rhine and Residential) and RM (Multi -Unit Lido Peninsula Beyond Residential Public Right -of -Way with Municipal Municipal Parking Lot and Municipal Parking lots and WEST Parking Lot and R -1 (Single -Unit R -1 (Single -Unit Residential Uses Beyond Residential) Residential) beyond S 11 Woody's Wharf Use Permit November 8, 2012 Page 3 INTRODUCTION Proiect Setting The restaurant is located on the east side of Newport Boulevard between 24th and 26th Streets overlooking the Rhine Channel. The property is comprised of three lots with a total area of approximately 13,260 square feet, with a commercial building which crosses the interior property lines. The restaurant has been in operation since 1965 and offers live entertainment. The restaurant building measures approximately 3,305 square feet with 1,173 square feet of interior dining area and a 709 square foot outdoor dining area. There are 26 on -site parking spaces (6 spaces are tandem in accordance with the valet parking plan). The site plan and floor plans are depicted in Attachment PC11. The project provides space for approximately eight (8) boats on the Rhine Channel, available for patrons who choose to take a boat to the restaurant. Staff will also present the issue the combining of lots and recent issue related to the closing of the restaurant kitchen at 10:00 p.m. Project Description The application involves an amendment to an existing use permit to change the operational characteristics of an existing restaurant. The changes include: 1) the introduction of patron dancing; 2) extending the opening hour from 11:00 a.m. to 10:00 a.m. and the closing hour of the outdoor dining area from 11:00 p.m. to 2:00 a.m.; 3) amending the requirement for full -time valet parking service during restaurant operating hours; and 4) waiving up to 6 parking spaces resulting from increased occupancy created by patron dancing and the elimination of valet parking service. The application will also eliminate conditions of approval that are duplicative and /or otherwise outdated, as outlined in the applicant's justification letter (Attachment PC2) and subsequent letter responding to the proposed conditions of approval (Attachment PC3). Background On November 10, 1983, the Planning Commission approved Use Permit No. 3065 allowing a 416 square foot increase in the restaurant's "net public area" (NPA) for outdoor dining. The total net public area was 1,589 square feet (1,173 interior and 416 outdoor). The use permit also allowed tandem parking with valet parking service (20 spaces plus 6 spaces in tandem). Additionally, the operator was required to pay annual in -lieu fees to the City for parking in the municipal parking lot (10 parking spaces). The minutes and plans approved at that hearing are attached (Attachment No. PC4). In May of 1986, the Planning Department became aware that changes had occurred in the patio /deck area had been increased beyond the 416 square feet as authorized. An application to amend Use Permit No.3065 was submitted on December 10, 1987 requesting an increase to the patio /deck area of approximately 1,082 square feet. The matter was heard on February 4, 1988 with a unanimous vote (7 ayes) to deny the J Woody's Wharf Use Permit November 8, 2012 Page 4 request. The minutes and proposed plans are attached (Attachment No. PC5). The Planning Commission, at that time, also requested a review of compliance with the conditions of approval of Use Permit No. 3065. That hearing was scheduled for March 24, 1988. On March 24, 1988, the Planning Commission held a public hearing to amend Use Permit No. 3065 and require the installation of physical barriers to limit the outdoor dining area to 416 square feet and to reduce noise. The minutes and plans approved at that hearing are attached (Attachment No. PC6). On October 4, 1995, the Planning Department approved Outdoor Dining Permit No. 1, which allowed a 293 square foot expansion the outdoor dining area. Condition No.3 required the use of the outdoor patio to cease at 11:00 p.m. Please see the October 4, 1995 approval of Outdoor Dining Permit No. 1 and plans (including delineation of approved NPA on deck/patio). The approval letter and plans are attached (Attachment No. PC7). The applicant took over the operation in 2002 and has allowed patron dancing and has kept the outdoor dining area open later than 11:00 p.m. Complaints have been received regarding noise. The subject application proposes to address the hours of operation, noise complaints, and operational changes that include the addition of dancing, and valet parking service. The applicant obtained a live entertainment permit issued on March 16, 2006, that authorized live entertainment in conjunction with the restaurant, conditions of approval related to the use and a condition that prohibits dancing (Attachment PC 8). Analysis General Plan /CLOP The Land Use Element of the General Plan and the Coastal Land Use Plan (CLUP) designate the site and the adjacent properties as Mixed Use- Water Related (MU -W2 and MU -W, respectively). The project is consistent with this designation as eating and drinking establishments are visitor - serving and commercial uses. Furthermore, Land Use Policy LU 6.19.2 (Bay Fronting Properties) encourages marine - related and visitor - serving retail, restaurant, hotel, institutional, and recreational uses, with some allowance for residential uses. Both the General Plan and the CLUP set a development intensity limit of 0.5 floor area to land area ratio (FAR) for non - residential development. The 3,305 total square foot building and 13,260 gross square feet for the project site results in an FAR of 0.25. The project complies with the maximum FAR permitted by the General Plan FAR designated for commercial uses. NO Woody's Wharf Use Permit November 8, 2012 Page 5 Zoning The existing eating and drinking establishment is located in MU -W2 (Mixed -Use Water Related) Zoning District and is consistent with the land uses intended for properties fronting Newport Boulevard within McFadden Square /Cannery Village neighborhood. Dancing The facility currently provides live entertainment (grandfathered) and dancing (unpermitted). The live entertainment operates in conjunction with a valid live entertainment permit that was issued on March 14, 2006. Dancing activities as currently operate is prohibited under the Live Entertainment Permit Condition of Approval No. 3; and the location of a dance floor or area within the restaurant is not in substantial conformance with Use Permit No. 3065 as amended on March 24, 1988, specifically Condition of Approval No. 1 specifies: 1. That development shall be in substantial conformance the plot plan and floor plan approved by the Planning Commission on November 10, 1983, except as noted below. Therefore, if the Planning Commission approves patron dancing within the interior of the facility, the live entertainment permit must also be amended to reflect approved changes to the operation and related conditions of approval. At approximately 10:00 p.m., the tables and chairs within the center of the main dining area are removed to provide an area for dancing of approximately 400 square feet. Additionally, a portion of the tables and chairs on the outdoor dining area are removed to provide an area for patrons displaced by the dance floor, as depicted on the Late Hour Floor Plan, approximately 400 square feet (Attachment PC9). The operator was notified on August 13, 2010, following meetings between the applicant and City Staff; and again on July 19, 2011 (Attachment PC 10) that an amendment to the use permit is required to address the proposed change in operation to allow dancing, the change in floor plan related to the outdoor dining area, and to review the impact on parking demand for the facility. If the use permit is approved to allow patron dancing within the interior of the facility, the live entertainment permit must also be amended to reflect approved changes to the operation and related conditions of approval. The removal of table and chairs as described not only increases the number of patrons both inside and outside, but also results in an increase in the noise levels of those areas which adversely impacts the neighboring properties. The dancing activities are also anticipated to result in an increase in the number patrons entering and exiting the building and thereby exposing the increased noise levels of the interior and the noise generated by the live entertainment located near the access to the outdoor dining area. The Police Department has reviewed the Use Permit application and has significant concerns with the dancing as proposed at the establishment, as it can lead to a I Woody's Wharf Use Permit November 8, 2012 Page 6 nightclub type business model. Even with stringent conditions of approval in place, these types of operations can create a drain on police resources. The Police Department also notes that the Commonwealth Lounge, next door, also contributes to the drain on police services in the vicinity. Therefore, staff believes that the recommended conditions of approval to limit the use of the outdoor dining area to 11:00 p.m. will lessen concerns related to the introduction of dancing and the increased noise levels that it generates. The report from the Police Department is attached for the Commission's information (Attachment PC11). In addition, the Police Department has recommended conditions of approval that include a requirement for a security plan, licensed security personnel when live entertainment or dancing is provided, and employee training in the service of alcoholic beverages. It is anticipated that the presence of security personnel and the employee training will alleviate Police Department concerns and will also reduce incidents that cause a drain on police resources in the vicinity. These conditions have been incorporated into the draft resolution (Attachment PC 1). Hours of Operation The applicant requests to change the restaurant opening hour from 11:00 a.m. to 10:00 a.m., to accommodate Sunday Brunch and occasional private brunch reservations, and establish the closing hour of 2:00 a.m., daily. Use Permit No. 3065 does not specify hours of operation for the restaurant, however, the 2:00 a.m. closing hour is currently regulated by the Department of Alcoholic Beverage Control (ABC). The applicant also requests to extend the hours of the outdoor dining area, change the opening hour from 11:00 a.m. to 10:00 a.m., daily; and the closing hour from 11:00 p.m. to 2:00 a.m., daily. Staff has no objections with the proposed extension of the opening hour, since ambient noise levels are higher during the daytime hours and noise impacts and complaints have not been received during those hours. However, the proposed extension of the closing hour for the outdoor dining area, if allowed in conjunction with the live entertainment and dancing, will adversely impact the neighboring properties and residential occupants that have raised objections and complaints. Therefore, staff recommends that the closing hour remain at 11:00 p.m. for the outdoor dining area as the only means to minimize the impact on neighbors. Should the Planning Commission approve the application, the applicant would be required to obtain an Operator License from the Police Department. The Operator License should provide for enhanced control of noise, loitering, litter, disorderly conduct, parking /circulation, and other potential disturbances resulting from the establishment, and will provide the Police Department with a means to modify, suspend, or revoke the operator's ability to maintain late -hour operations. Many of the conditions that will be included in the Operator's License will be the same conditions imposed by the use permit. The Operator's License is a tool that the Police Department can utilize to enforce the conditions of approval of the use permit. 0 Woody's Wharf Use Permit November 8, 2012 Page 7 Pursuant to Section 20.48.090 of the Zoning Code, the Planning Commission must consider the following potential impacts upon adjacent or nearby uses when reviewing an application to allow late -hour operations and outdoor dining: 1. Noise from music, dancing, and voices associated with allowed outdoor uses and activities, 2. High levels of lighting and illumination; 3. Increased pedestrian and vehicular traffic activity during late and early morning hours; 4. Increased trash and recycling collection activities, 5. Occupancy loads of the use; and 6. Any other factors that may affect adjacent or nearby uses. As the Police Department report indicates, reports of noise related complaints are already experienced by residents in the neighborhood. Although, not all noise complaints can be definitively attributed to Woody's Wharf, since the Commonwealth Lounge to the north may also contribute to the noise impacts. The possibility that noise impacts to the surrounding area will be further compounded if the proposed change in operation is approved is highly anticipated. However, if the facility conformed to the current approval, there would be no appreciable increase in noise impacts. Staff has also received correspondence from residents that live in the neighborhood raising concerns about the proposed change in hours and the operation in general. That correspondence is attached for the Commission's information and consideration (Attachment PC12). The proposed hours of the outdoor dining area to 2:00 a.m., if approved, will lengthen the amount of time that the noise resulting from dancing and live entertainment activities will be exposed to the outdoor dining area caused by patrons opening and closing the doors between the main dining room and the outdoor dining area. This traffic between areas after 11:00 p.m. (current required closing hour) and up to 2:00 a.m. (proposed extended closing hour) will adversely affect the neighboring properties; and can only be mitigated by the construction of noise abatement structures or barriers or a restriction on the hours of use. Therefore, staff recommends that the extension of the closing hour be denied and that the use of the outdoor dining area cease at 11:00 p.m. A condition of approval to that effect is included in the resolution. The proposed use will not necessitate high levels of lighting or illumination and any outdoor lighting must conform to Zoning Code Section 20.30.070 (Outdoor Lighting). A temporary increase in traffic during late and early morning hours on weekends is expected along Newport Boulevard; however, this portion of roadway is not a major residential road, so disturbances to residents related to traffic are not expected to occur. Because the land use and zoning allow for mixed use development and an approved mixed use development at the future South Coast Shipyard project, there will be additional residential units in close proximity to the project site, within 100 feet to the south of the subject property. Therefore, staff maintains the recommendation to limit the I Woody's Wharf Use Permit November 8, 2012 Page 8 hours of operation of the outdoor dining area to 11:00 p.m., daily, is necessary and warranted. Outdoor Dining The outdoor dining area is located outside of the main dining room of the restaurant and measures 709 square feet. The approved outdoor dining area plans show tables and seating for 66 persons. The removal of a portion of the tables and chairs as proposed will provide standing area for patrons of approximately 400 square feet and will result in an increase in the number of patrons that will occupy the space. As stated previously, the increase in the number of patrons will increase ambient noise levels of patio area and increase the number of patrons and employees entering and exiting the building. Therefore, staff recommends the tables and chairs of the outdoor dining area not be allowed to be removed and that the number remain at 66 seats, as currently authorized, to prevent any increase in the existing ambient noise levels. Parking The current parking requirement for Woody's Wharf is 40 parking spaces which are currently provided by 26 on -site spaces, the payment for 10 in lieu parking spaces, and the credit of four spaces for the boat docks. Six of the on -site spaces are tandem spaces approved with valet parking plan. The applicant proposes to utilize the valet parking service on an as- needed basis (to satisfy peak demand, special events, and holidays) and when dancing and /or live entertainment occurs. The Public Works Department has no objection to the valet parking plan as previously approved and depicted on the plans submitted. Although, the net public area of the establishment will remain the same, parking demand will increase if dancing is permitted. The parking standards for food uses range from one space per 30 to 50 square feet of net public area, depending on the operation of the facility. Therefore the amount of parking required can range between 32 and 53 spaces, respectively. The table below shows how the parking requirements and available parking are affected by the proposed change to valet parking service, dancing and live entertainment activities. Parking Location Current Operation (1/40) No Valet Parking Provided Valet Parking and Dancing /Live Entertainment @1/35 s.f. On -site 20 20 20 On -site Tandem — Valet Service 6 0 6 In -lieu 10 10 10 Boat Dock Credit 4 4 4 TOTAL ALLOCATED 40 34 40 REQUIRED 40 40 46 Deficit/Surplus 0 -6 -6 10 Woody's Wharf Use Permit November 8, 2012 Page 9 Staff is of the opinion that a revised parking requirement of one parking space per 35 square feet of NPA, 46 spaces, is appropriate in this case. The operation as proposed will result in a deficit of 6 spaces during the daytime and 6 spaces during nighttime with dancing and /or live entertainment with valet parking service provided. However, during the daytime hours, staff has observed that the restaurant is not operating at full capacity and the municipal parking lot across the street with more than 60 metered parking spaces is also available. Therefore, the provision of a full -time valet parking service during the day is not justified and a waiver of that portion of the parking requirement is appropriate. During the nighttime operation, the restaurant will provide the valet parking service and the increased parking demand will result in a deficit of 6 spaces. However, it should also be noted that the municipal parking lot across the street with more than 60 metered parking spaces is also available and that meters are not in operation after 6:00 p.m., daily. Therefore, based on the reasons and information presented and the proximity of municipal parking lots across the street, staff believes a waiver of a portion of the on- site parking requirement is appropriate in this case. Food Service Staff became aware that the kitchen of the restaurant currently closes at approximately 10:00 p.m., daily. Staff discussed this issue with the applicant and informed them that a condition of approval has been included requiring that food service remain available during all hours of the restaurant operation. The applicant indicates a reduced menu of appetizers and side dishes will be offered later in the evening, consistent with the general practice of other restaurants in the area. This approach would be consistent with the condition of approval. Combining of Lots The applicant explored enclosing the outdoor area to minimize noise impacts to surrounding uses. To do so, however, would require the enclosure to cross property, or lot lines. The Subdivision Code Section 19.04.035 of the Newport Beach Municipal Code (NBMC) states that "No person shall develop any structure including, but not limited to, a principal or accessory structure across a lot line." Staff has no means, within the Code as written, of approving the issuance of any permits to add to the existing building or enclose the outdoor dining area, without the combining of the lots into a single parcel of land. The property owner, who is different from the current operators of Woody's Wharf, will not agree to the combining of the lots. The disagreement between the operator and the property owner to combine the lots is not an issue that the Planning Commission can resolve. The Subdivision Code (Title 19 of the NBMC) provides no procedure or variance to allow staff or the Planning Commission to grant relief from the requirement to combine. There are provisions to allow the waiver of the requirement to file a parcel map, but only in favor of the approval of a lot line adjustment/lot merger or the processing of a 11 Woody's Wharf Use Permit November 8, 2012 Page 10 certificate of compliance. Both of those procedures provide the same result as a parcel map (combining the lots into a single parcel). However, once either is approved and recorded, it can only be undone or rescinded by the filing and recordation of a parcel map. Therefore, the property owner is not amenable to perform any of those processes to combine and wishes to maintain the underlying lot lines as currently exist. Use Permit Findings Pursuant to Section 20.52.020.E of the Zoning Code, the Planning Commission must make the following findings in order to approve a conditional use permit. Each finding is detailed in the attached draft resolution (Attachment PC 1): 1. The use is consistent with the General Plan and any applicable Specific Plan; The Mixed -Use Water Related (MU -W2 and MU -W) land use designations of the General Plan and Coastal Land Use Plan are intended to encourage water related uses intermixed with general commercial, visitor - serving commercial and residential uses. The operation of a "Food Service, Late Hours" use with alcoholic beverage sales is consistent with the purpose and intent of this land use designation and complementary to the surrounding residential uses. The facility is not located in a specific plan area. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; The use is also consistent with the Mixed -Use Water Related (MU -W2) Zoning District. The MU -W2 district applies to waterfront properties in which marine - related uses may be intermixed with general commercial, visitor serving commercial and residential dwelling units on the upper floors. Food Service uses can be expected to be found in this area and similar locations and are complementary to the surrounding commercial and residential uses. 3. The design, location, size, operating characteristics of the use are compatible with the allowed uses in the vicinity; The existing restaurant, with the proposed conditions of approval on the operational changes of the proposed project will generally comply with Zoning Code standards for eating and drinking establishments. The use of valet parking is not to be changed, except during the daytime operation when parking demand does not warrant it, but will be provided at all times during evening hours and when dancing, if approved, or live entertainment are provided. There are no exterior changes proposed to the outside of the building. This finding cannot be made since the proposed change in the operation to increase the hours of the use of the outdoor dining area will result in increased noise impacts on the neighboring properties and residents into the late hours after 11:00 p.m., is not compatible with the allowed uses in the vicinity. 12 Woody's Wharf Use Permit November 8, 2012 Page 11 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. This is an existing eating and drinking establishment that has existed in this location since the 1960's. The project site has proven to be physically suitable in size to accommodate the restaurant use and the outdoor dining area. The authorized hours of operation to limit the use of the outdoor dining area to 11:00 p.m. were imposed to limit the potential noise impacts on the surrounding uses and resident in the vicinity. However, the restaurant has operated the outdoor dining area beyond the approved 11:00 p.m. closing hour which has generated complaints from the residents in the vicinity and required that the Police respond to those complaints. Therefore, this finding cannot be made in conjunction with the request to increase the closing hour of the outdoor dining area, since use of the outdoor dining after 11:00 p.m. has proven to be detrimental to persons residing in the neighborhood. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. Adequate parking will be provided for the proposed operation at all times of the day, with a deficit of 6 spaces during daytime and nighttime operations. The use of the outdoor dining area will cease by 11:00 p.m., daily, as currently authorized. To ensure that the interior operational changes do not create a detrimental impact during late hours, the operator will be required to secure an Operator License and will be required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance to areas surrounding the establishment and adjacent properties during business hours. Should the operator be unable to abide by the conditions of approval or prevent objectionable conditions from occurring, the Police Department will have the authority to modify, suspend, or revoke the operator's ability to maintain late -hour operations. Summary The restaurant has operated beyond their City approvals by offering patron dancing and not closing the outdoor dining area by 11:00 p.m. As stated above and in correspondences, the restaurant operation has generated a significant amount of complaints related to noise. Staff feels the operator's compliance with closing the outdoor dining area no later than 11:00 p.m., maintaining no more than 66 seats in the 13 Woody's Wharf Use Permit November 8, 2012 Page 12 outdoor dining area, and requiring all doors and windows to be closed will reduce the noise impacts on the surrounding area. Staff recommends Planning Commission adopt the draft resolution approving Use Permit No. UP2011 -010 (PA2011 -055), to allow: • the introduction of patron dancing within the interior of the restaurant; • extending the opening hour of the restaurant and outdoor dining area from 11:00 a.m. to 10:00 a.m.; • the use of the valet parking on an as- needed basis and when dancing and live entertainment are provided; and • a waiver of up to 6 parking spaces that results from the addition of patron dancing and eliminating valet parking service during the day. But denying that portion of the application to allow changes to the use of the outdoor dining area that proposes: • the removal of tables and chairs within the outdoor dining area; and • the extension of the closing hour of the outdoor dining area from 11:00 p.m. to 2:00 a.m. Alternatives The Planning Commission may also modify that resolution to authorize changes to the recommended action or continue this public hearing to allow the applicant additional time to resolve issues that have been raised at the public hearing. Environmental Review The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights -of- way and waterways) including the applicant and posted on the subject property at least 10 days prior to the decision date, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. PR' Prepared by: Javier S. arcia, AIC , Senior POlanner Submitted by: Woody's Wharf Use Permit November 8, 2012 Page 13 , Deputy Director ATTACHMENTS PC 1 Draft Resolution for Approval with Findings and Conditions PC 2 Applicant's Use Permit Request and Justification Letter PC 3 Applicant's Response to Proposed Conditions of Approval PC 4 Excerpt of Planning Commission Minutes, dated November 10, 1983 with Plans PC 5 Excerpt of Planning Commission Minutes, dated February 4, 1988 with Plans PC 6 Excerpt of Planning Commission Minutes, dated March 24, 1988 with Plans PC 7 Outdoor Dining Permit No. 1, dated October 4, 1995 with Plans PC 8 Live Entertainment Permit, Woody's Wharf Restaurant PC 9 Proposed Late -Hour Floor Plan PC 10 City Correspondence dated August 13, 2010 and January 19, 2012 PC 11 Police Department Recommendation and Alcohol Related Statistics PC 12 Correspondence and Letters PC 13 Project Plans- Site Plan and Floor Plan F: \Users\PLN \Shared\PA's\PAs - 2011 \PA2011- 055\PC_11- 8- 12\PA2011 -055 Staff Report 11 -08 -2012 BW.docx 15 10 Attachment No. PC 1 Draft Resolution with Findings and Conditions for Approval 17 12 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE PERMIT NO. UP2011 -01 TO ALLOW PATRON DANCING, MODIFY VALET SERVICE, OPENING HOURS AND WAIVER OF SIX PARKING SPACES, BUT DENY A CHANGE TO OUTDOOR DINING OPERATIONS AND SUPERSEDING USE PERMIT NO. 3065 AND OUTDOOR DINING PERMIT NO. 1 AT AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 2318 NEWPORT BOULEVARD (PA2011 -055). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Martin Potts on behalf of the Woody's Wharf Restaurant, with respect to the property located at 2318 Newport Boulevard, and legally described as Lots 6, 7, and 8, Section A Newport Beach, Block 223, requesting to amend the existing use permit to change the operational characteristics of an existing restaurant. 2. The applicant filed an application requesting the following changes in the operational characteristics of the existing restaurant: 1) to extend the opening hour from 11:00 a.m. to 10:00 a.m., daily; extend the closing hour of the existing outdoor dining area from 11:00 p.m. to 2:00 a.m., daily; 2) to accommodate patron dancing in the interior of the restaurant, nightly; 3) to amend the requirement for full -time valet parking service during restaurant operating hours, to only require valet services on an as- needed basis (to accommodate special events and holiday peak use); and 4) to approve a waiver of up to 6 parking spaces that results from the addition of patron dancing and eliminating valet parking service on a full time basis. The application will also eliminate conditions of approval that are duplicative and /or otherwise outdated, as requested by the applicant. 3. The subject property is located within the Mixed Use — Water Related Zoning District (MU -W2) and the General Plan Land Use Element category is also Mixed Use — Water Related District (MU -W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use —Water Related District (MU -W). 5. The increased occupancy of the outdoor dining area caused by the removal of tables and chairs, as proposed, without the introduction of any noise mitigating apparatus or construction is anticipated to result in increased noise levels that will adversely impact nearby properties and residential occupants. 6. The extension of the closing hour for the outdoor dining area to 2:00 a.m. in conjunction with the increased occupancy of the outdoor dining area, as proposed, is anticipated to 19 Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 2 of 14 result in noise levels that will adversely impact nearby properties and residential occupants into the late night hours, and is not a compatible activity for the neighborhood. 7. The current parking requirement is one (1) parking space for every 40 square feet of net public area. The net public area proposed is 1,589 square feet; therefore the parking requirement is 40 spaces. There are 26 spaces on -site (with 6 tandem spaces available only with the valet parking service) and 10 spaces annual in -lieu spaces, and a credit of 4 spaces for the boat docks is granted, for a total 40 parking spaces allocated to the use. 8. A public hearing was held on November 8, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1- Existing Facilities. 2. This exemption applies to existing facilities where it can be demonstrated the project involves negligible or no expansion of the existing use. The change in hours of operation or addition of patron dancing does not involve an expansion or intensification of the existing use. Additionally, the change in the provision of valet parking services on an as- needed basis is consistent with the previous restaurant operations prior to acquisition by the current applicant. SECTION 3. REQUIRED FINDINGS. In accordance with Sections 20.48.030, and 20.52.020 of the Newport Beach Municipal Code, the following finding and facts in support of such finding is set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support Finding: A -1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcoholic beverages is intended for the convenience of customers of the restaurant. Operational conditions of approval recommended by the Newport Beach Police ME Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 3 of 14 Department (NBPD) relative to the sale of alcoholic beverages will ensure compatibility with the surrounding use and minimize alcohol - related impacts. A -2. Pursuant to Chapter 5.25 of the NBMC, the operator, as well as any future operators, is has been conditioned to require that the applicant, as well as any future operators, to obtain an Operator License to ensure the establishment is operated in a safe manner and compatible with the neighborhood. A -3. The subject property is located within a mixed use district developed primarily with commercial uses. Across the Rhine Channel, the closest residential district is approximately 570 feet away. To the north, the closest residential use is approximately 200 feet away and residential uses associated with the future South Coast Shipyard Project will be approximately 100 feet away. To the west, the nearest residential uses are 230 feet away; and to the north the nearest residential uses are approximately 200 feet away. The nearest park is the public beach adjacent to the West Ocean Front Boardwalk over 650 feet from the subject property. There are no day care centers, recreation facilities, places of religious assembly, or schools in close proximity to the subject property. In accordance with Section 20.52.020 of the Zoning Code, eating and drinking establishments classified as "Food Service, Late Hours' require the approval of a conditional use permit within the Mixed -Use Water Related (MU -W2) Zoning District. In accordance with Section 20.52.020.17 of the Zoning Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: B -1. The Mixed -Use Water Related (MU -W2 and MU -W) land use designations of the General Plan and Coastal Land Use Plan are intended to encourage water related uses intermixed with general commercial, visitor- serving commercial and residential uses. The operation of a "Food Service, Late Hours" use with alcoholic beverage sales is consistent with the purpose and intent of this land use designation. B -2. Food service uses are expected to be located in commercial areas, and are complementary to the existing commercial and residential uses in the area. Such uses are frequented by visitors, tenants of the nearby commercial uses, and residents alike. B -3. The subject property is not part of a specific plan area. 21 Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 4 of 14 Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: C -1. The subject property is located in the Mixed Use — Water Related Zoning District (MU- W2), and eating and drinking establishments classified as "Food Service, Late Hours" require the approval of a conditional use permit. C -2. As conditioned, the project will comply with Zoning Code standards for eating and drinking establishments. Conditions are included related to on -sale alcoholic beverage activities, including the training of personnel, and the provision of security personnel while live entertainment is offered. C -3. Pursuant to Chapter 5.25 of the NBMC, the project has been conditioned to require the applicant, and any future operator of the eating and drinking establishment, to obtain an Operator License from the Newport Beach Police Department (NBPD) in order to maintain operating hours beyond 11:00 p.m., to add dancing and to modify or increase the occupancy of the patron areas, as proposed. Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: D -1. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. D -2. The removal of table and chairs from the outdoor dining area, as proposed without the introduction of any noise mitigating apparatus or construction, not only increases the number of patrons both inside and outside but is also anticipated to result in increased noise levels that will adversely impact nearby properties and residential occupants, with the outside noise levels having the greatest impact on the neighbors. D -3. The dancing activities are anticipated to result in an increase in the number patrons entering and exiting the building and thereby exposing the increased noise levels of the interior and the noise generated by the live entertainment and /or dancing to the surrounding area. D -4. The extension of the closing hour to 2:00 a.m. in conjunction with the increased occupancy of the outdoor dining area, as proposed, is anticipated to result in noise 22 Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 5 of 14 levels that will adversely impact nearby properties and residential occupants into the late night hours, and is not a compatible activity for the neighborhood. D -5. The application as presented has not proposed alternatives or improvements to the existing glass barriers to mitigate existing noise issues and complaints to justify an increase in the closing hour of the outdoor dining area. Therefore, maintaining the current closing hour of 11:00 p.m. is required to mitigate that impact, as recommended by staff in the attached conditions of approval. In order to further reduce the potential impact on neighboring properties, a condition of approval is required to prohibit recorded music or other types of sound amplification within the outdoor dining area at all times. D -6. The design and construction materials of the outdoor dining patio (existing glass walls) aid to minimize noise from emanating from this area, but are not adequately effective in controlling noise as evidence by noise complaints received by the Police Department and the correspondence received in Attachment PC 10. As conditioned, the limited hours of use of the outdoor dining areao to 11:00 p.m. is appropriate in this case to alleviate noise related issues and complaints that cannot be otherwise mitigated. Additionally, conditions of approval require the doors exiting the building to the outdoor dining area to remain closed from 7:00 p.m. to 8:00 a.m. and whenever live entertainment or dancing is performed inside the building, except in the case when persons are entering and exiting the building. Staff recommends that the outdoor dining area is to be closed to patrons at 11:00 p.m., daily, since no physical barriers have been proposed to aid in further mitigating noise levels that are anticipated to rise if occupancy is increased, as proposed by the applicant. D -7. The location of the valet parking pick -up and drop -off area is shielded from the residences by the restaurant building, thereby mitigating noise impacts from this activity to residential uses across and along the Rhine Channel. D -8. Adequate number of parking spaces are available on -site and the valet parking service serving the nighttime operation will prevent traffic backing up onto Newport Boulevard. The waiver of a portion of the on -site parking caused by the elimination of the valet parking service during daytime hours of the operation is offset by the lower parking demand for the use based upon on -site observations and the availability of the municipal parking lots in the vicinity. The use of the valet parking service will maximize on -site utilization of the parking lot and in the case that the lot is full, parking is available in the municipal metered parking lot across the street (the meters are not in effect after 6:00 p.m. daily). Therefore, the waiver of 6 parking spaces for the daytime and nighttime operational periods as proposed is reasonable in this particular case. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 23 Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 6 of 14 Facts in Support of Finding: E -1. This is an eating and drinking establishment that has existed in this location since the 1960's. The project site has proven to be physically suitable in size to accommodate the restaurant use. E -2. The project site is located on Newport Bay between 24th and 26th Street overlooking the Rhine Channel and is surrounded by similar commercial uses located to the north (next door), and the northwest of the use. This is an appropriate location for an eating and drinking establishment. The restaurant use is complementary to the existing commercial uses in the area, as well as convenient to serve the residential uses located to the north and east across the Rhine Channel in relation to the project site. E -3. The Traffic Engineer has previously reviewed the configuration of the parking lot, as well as the valet parking plan, and has determined the parking lot design functions safely and does not prevent emergency vehicle access to the establishment. E -4. The site is currently served by public services and utilities. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: F -1. The project has been reviewed and appropriately conditioned to ensure the continued operation of the existing eating and drinking establishment as a restaurant will not be detrimental to the community. F -2. An increase in pedestrian and vehicular activity from patrons using the outdoor dining area during late night and early morning hours will not occur with the closing hour of 11:00 p.m., as recommended in this approval by staff. Since the applicant has not presented any additioinal physical barriers or other improvements to mitigate existing or anticipated increase in noise levels associated with increased number of patrons on the outdoor dining area. F -3. The applicant has operated the existing eating and drinking establishment in this location since 2002, and is required to proactively control noise generated by patrons of the restaurant. The operator will be required to obtain an Operator License from the NBPD in order to alter the occupancy of the facility to accommodate the proposed dance floor and the seating plan for the outdoor dining area. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, MIA Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 7 of 14 parking /circulation, and other potential disturbances resulting from the existing establishment, and will provide the NBPD with means to modify, suspend, or revoke the operator's ability to maintain late -hour operations if objectionable condition occur. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby approves Use Permit NO. 2011 -010, to allow patron dancing, modify valet service, opening hours and waiver of six parking spaces, but deny a change to the outdoor dining operations, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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. 3. This resolution supersedes Use Permit No. 3065, 3065 (amended); and Outdoor Dining Permit No. 1, which upon vesting of the rights authorized by this Conditional Use Permit No. UP2011 -010 shall become null and void. PASSED, APPROVED AND ADOPTED THIS 8`h DAY OF NOVEMBER, 2012. AYES: NOES: ABSTAIN: ABSENT: BY: No Michael Toerge, Chairman Fred Ameri, Secretary F: \USERS\PLN \Shared\PA's\PAs - 2011\PA2011- 055 \PC 11- 8- 12 \UP2011 -010 DRAFT Reso 11-08-20121 BW l.docx 25 Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Paae 8 of 14 WA 00114 11111191% CONDITIONS OF APPROVAL (Project- specific conditions are in italics) PLANNING The development shall be in substantial conformance with the approved site plan, floor plans, late hour floor plan, and building elevations stamped and dated with the date of this approval (Except as modified by applicable conditions of approval). Prior to implementation of the activities approved by this application, the applicant shall submit a revised floor plan for approval by the Community Development Director, that reflects the limitations and restrictions imposed by the conditions of approval; including, but not limited to, the location and size of the approved dance floor area. 2. Conditional Use Permit No. 2011 -010 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code (NBMC), unless an extension is otherwise granted. 3. The hours of operations of the restaurant shall be limited to between 10:00 a.m. and 2:00 a.m., daily,- the hours of operation of the outdoor dining area shall be limited to 10:00 a.m. to 11:00 p.m., daily. The applicant/operator, including any future operator, shall secure and maintain an Operator License issued by the Chief of Police, pursuant to Chapter 5.25 of the NBMC. In no case shall the eating and drinking establishment be permitted to operate beyond the hour of 2:00 a.m. daily. The outdoor dining area shall not be permitted to operate beyond the hour of 11:00 p.m., daily. 4. All doors and windows of the interior of the eating and drinking establishment shall remain closed whenever live entertainment and /or patron dancing occurs, except for the ingress and egress of patrons and employees. Doors shall not be propped open, or remain open longer than necessary, to allow for the ingress and egress of patrons and employees. 5. The Operator License required to be obtained pursuant to Condition No. 3 and Chapter 5.25 may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the establishment. 6. Full meal service shall be provided and available for ordering until 10 p.m. and an abbreviated menu that includes heavy appetizers after 10 p.m. daily and serving until a half -hour before closing. 7. The outdoor dining area shall be used in conjunction with the eating and drinking establishment. No special events/promotional activities or the use of amplified sound of any shall be allowed within the area of the outdoor dining area. 8. The outdoor dining area shall be limited to 709 square feet in area. Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 9 of 14 9. The outdoor dining area shall be limited to a maximum of 66 seats, including disabled seats/table space, consistent with the floor plans as approved by Plan Check set of plans PC1141 -2011. The seating and dining in the outdoor dining patio shall be limited to dining table height (approximately 30 inches) and the use of the elevated counters and barstools is prohibited. Removal of dining tables and chairs shall be prohibited. 10. All employees shall park on -site or in the municipal parking lots in the vicinity. 11. The net public area of the interior portion of the eating and drinking establishment shall not exceed 1,173 square feet and the outdoor dining area shall not exceed 709 square feet for a total of 1, 882 square feet of net public area. 12. A minimum of 26 parking spaces shall be provided on -site and payment of in lieu parking fees for 10 spaces for the operation of the eating and drinking establishment. A total of 40 parking spaces shall be provided on -site and by payment of in lieu fees (annually for four parking spaces) for all hours of operation of the establishment (one parking space for each 40 square feet of net public area, 1, 589 sq. ft.). 13. The applicant/operator shall conspicuously post and maintain signs at all outdoor dining, waiting, smoking and parking areas indicating to patrons the proximity of the restaurant and public dock and boat slip areas to the residential areas, requesting patrons: `Be courteous and respectful of our residential neighbors while outside the establishment' 14. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 15. The applicant/operator 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 Conditional Use Permit. 16. The applicant/operator shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. 17. 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. 18. This Conditional 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. 27 Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 10 of 14 19. Approval of Conditional Use Permit No. 2011 -010 is for the operation of an eating and drinking establishment defined as "Food Service, Late Hours" per Title 20 of the NBMC, and does not permit or authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 20. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 21. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application, and may require the approval of the Planning Commission. 22. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 23. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 24. The washing of the outdoor dining patio with any cleaning solutions or the use of high pressure or steam cleaning devices is prohibited. 25. Lighting shall be in compliance with applicable standards of the Zoning Code. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 26. All noise generated by the existing eating and drinking establishment use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: M Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 11 of 14 27. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the outdoor dining activity to insure compliance with these conditions, if required by the Community Development Director. 28. The applicant/operator of the facility shall be responsible for and shall actively control any noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. 29. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 30. Live entertainment shall be allowed in the interior of the eating and drinking establishment in conjunction with the operator obtaining and maintaining a live entertainment permit from the City. In conjunction with the approval of this use permit, the operator shall amend the existing live entertainment permit consistent with the conditions of approval and the authorized operational changes. 31. No outside paging system or loudspeaker device shall be used in conjunction with this establishment. 32. No live entertainment shall be permitted in the outdoor dining area. Recorded music or other types of sound amplification within the outdoor dining area shall only be audible to the audience within this area, and shall cease after the hour of 10:00 p.m. daily. 33. Dancing shall be allowed on the premises only in conjunction with the issuance of a Cafe Dance permit by the City Manager or designee, if applicable. 34. The applicant/operator shall provide licensed security personnel while offering live entertainment and /or dancing. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department (NBPD). The procedures included in the plan and any recommendations made by the NBPD shall be implemented and adhered to for the life of the Conditional Use Permit. 29 Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of commercially zoned property: 65 dBA 60 dBA Measured at the property line of residentially zoned property: 55 dBA 50 dBA Measured in the interior of a 45 dBA 40 dBA residential structure 27. The applicant shall retain a qualified engineer specializing in noise /acoustics to monitor the sound generated by the outdoor dining activity to insure compliance with these conditions, if required by the Community Development Director. 28. The applicant/operator of the facility shall be responsible for and shall actively control any noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. 29. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 30. Live entertainment shall be allowed in the interior of the eating and drinking establishment in conjunction with the operator obtaining and maintaining a live entertainment permit from the City. In conjunction with the approval of this use permit, the operator shall amend the existing live entertainment permit consistent with the conditions of approval and the authorized operational changes. 31. No outside paging system or loudspeaker device shall be used in conjunction with this establishment. 32. No live entertainment shall be permitted in the outdoor dining area. Recorded music or other types of sound amplification within the outdoor dining area shall only be audible to the audience within this area, and shall cease after the hour of 10:00 p.m. daily. 33. Dancing shall be allowed on the premises only in conjunction with the issuance of a Cafe Dance permit by the City Manager or designee, if applicable. 34. The applicant/operator shall provide licensed security personnel while offering live entertainment and /or dancing. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department (NBPD). The procedures included in the plan and any recommendations made by the NBPD shall be implemented and adhered to for the life of the Conditional Use Permit. 29 Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 12 of 14 35. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self - latching gate) or otherwise screened from view of neighboring properties, except when placed for pick -up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening and water quality purposes. 36. 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. 37. 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. 38. The applicant/operator 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 Code Enforcement Division. 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). 39. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. the following morning, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. 40. 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. 41. No recreational vehicles, boats, food trucks, portable street kitchens or similar vehicles shall be stored at any time at the subject site. 42. 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. 43. Kitchen exhaust fans shall be installed /maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 44. All exits shall remain free of obstructions and available for ingress and egress at all times. 45. Strict adherence to maximum occupancy limits is required. 30 Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 13 of 14 46. The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 47. All owners, managers and employees selling, serving or giving away alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the 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. 48. Any event or activity staged by an outside promoter or entity, where the restaurant 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. 49. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 50. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except in conjunction with food service available from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9:00 p.m. 51. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order or sale of drinks is prohibited. 52. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the NBPD on demand. 53. No on -site radio, television, video, film or other media broadcasts from the establishment that includes the service of alcoholic beverages shall be permitted without first obtaining an approved Special Event Permit issued by the City. This prohibition of media broadcasts includes recordings to be broadcasted at a later time. 54. All signs shall be in conformance with the provisions of Chapter 20.42 of the Newport Beach Municipal Code. 31 Planning Commission Resolution No. Conditional Use Permit No. UP2011 -010 Page 14 of 14 55. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 56. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 57. To the fullest extent permitted by law, applicant/operator shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the subject restaurant facility (currently operating as Woody's Wharf Restaurant) including, but not limited to, the Use Permit No. 2011 -010. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant/operator, City, and /or the parties initiating or bringing such proceeding. The applicant/operator shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant/operator shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 32 Attachment Applicant's Project Description and Request 33 S4 August 21, 2012 Mr. Jay Garcia City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 mom COMMUNITY AUG 2 12012 C DEVELOPMENT 62' OF MEWPOO e RE: FINDINGS AND JUSTIFICATION FOR REQUEST FOR A CHANGE IN USE PERMIT NO. 3065 AND OUTDOOR DINING PERMIT - WOODY'S WHARF (2318 NEWPORT BOULEVARD) TO ALLOW AN EXISTING OUTDOOR DECK AREA TO REMAIN OPEN NIGHTLY TO 2:00 AM [CASE NO: USE PERMIT No. 3065 AND OUTDOOR DINING PERMIT No. 1] Dear Jay: On behalf of the Woody's Wharf, and in response to your letter dated July 24, 2012 and our subsequent conversations, we hereby submit to the City of Newport Beach the following Findings and Letter of Justification to amend Use Permit No. 3065. We are attaching a red -line copy of the proposed amended conditions of approval along with an accepted version for your use. Also included are the site plan and floor plans.. Project Setting The project site is an existing restaurant building, Woody's Wharf, located at 2318 Newport Boulevard in Newport Beach, California. Surrounding land uses include restaurants to the north, the Rhine Channel to the east, a sales boat facility to the south and a municipal parking lot to the south and west. A shipyard and residential uses exist across the channel to the east. Entitlement Background Woody's Wharf was originally constructed in 1965 with a net public area (NPA) of 1,173 square feet. On November 10, 1983, the Planning Commission approved Use Permit No. 3065 to permit a 416 square foot increase in NPA allowing the use of the restaurant's patio area to be used for outdoor dining and drinking purposes. Use Permit No. 3065 was amended in 1988 to extend the hours of the outdoor patio area. 35 Justification and Findings August 21, 2012 Page 2 of 4 Outdoor Dining Permit No. 1 was approved in 1995 to allow for the expansion of the outdoor dining area by 293 square feet for a total of 709 square feet of outdoor dining area. On September 18, 2008, the Newport Beach Police Department met with Woody's Wharf and issued a statement that, "their Use Permit allows them to operate the outdoor patio until close. It is the outdoor "deck" that may not be utilized after 11:00 pm. Project Description The applicant ( Woody's Wharf operator) proposes to continue its current business operations of the restaurant under the proposed amended conditions of approval, which combines the conditions contained in the previous City - approved Conditional Use Permit and Outdoor Dining Permit (attached). This request for a modification of the current use permit, generally includes amended conditions for (a) a clarification in the hours of operation of the outdoor patio until business closing or no later than 2:00 am, (b) maintain closing of the deck at 11:00 pm which deck is a completely separate part of the building, (c) indoor dancing nightly until closing confined to the interior of the building and (d) an adjustment in the occupant load for the building of 228 maximum occupants. All of these suggestions are consistent with the current operations of the restaurant. Justification and Findings Findings and justification for each of the criteria set forth in Section 20.52.02OF of the Zoning Code is provided below. The use is consistent with the General Plan and any applicable specific plan. The granting of the applicant's request is consistent with the intent of the General Plan 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. The existing use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. This request for this amended Use Permit is to legitimize operations that have been on -going for decades at the restaurant. These operational characteristics are the same privileges which have been, and continue to be granted by the City of Newport Beach. so Justification and Findings August 21, 2012 Page 3 of 4 Woody's Wharf restaurant is irregular in shape. It is an L- shaped building, which was constructed over three lots (owned by a single landowner). Residents are located east across the Rhine Channel. Although these residents are located approximately 600 feet from the restaurant, noise levels from adjacent restaurants and businesses and those perceived being generated from Woody's Wharf carry across the channel. Configuration of the building, its location adjacent to the channel and its sitting on three lots that are owned by a single landowner are special circumstances where strict compliance with the Municipal Code significantly limits the ability of the applicant to comply with its use restrictions relating to noise. If there was a way for the City to approve the addition of an overhead structure above the patio to assist in the reduction of any noise level generated by the use of the patio, the applicant ,would consider constructing this type of mitigating enclosure. We understand the building codes will not allow construction of a building over a property line, however, given the existing building as constructed several years ago extends across a property line already, the proposed patio cover would extend across the same property line. This does not create any further violation than that which already existed when the building was first permitted and constructed. If, and when the Woody's Restaurant's lease expires and the building is demolished, the building codes could then be enforced with respect to not allowing a building to extend across a property line, eliminating all code violations. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and vehicle (e.g., fire and medical) access and public services and utilities. The configuration of the site and building is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and vehicle access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Granting of the change in the CUP is consistent with the current business operations of the restaurant. This change in the CUP will not be detrimental to the harmonious and orderly growth of the City, or otherwise constitute a hazard to the public convenience, health, safety, or general welfare of persons residing or working in the neighborhoods. Properties adjacent to Woody's Wharf have the right of use and quiet enjoyment of their properties free from excess noise. The applicant maintains they are in compliance with the current City - permitted use restrictions, and much of the noise generated from the area is not contributed by Woody's Wharf. This can be evidenced by the reduction in noise related complaints which have been documented in the area since after several 37 Justification and Findings August 21, 2012 Page A of A nearby restaurant establishments have closed their businesses while Woody's Wharf has continued to operate. Request A request to combine and modify the conditions of approval under Use Permit No. 3065 and Outdoor Dining Permit No. 1, to be consistent with the restaurants current and ongoing operations. The attached proposed amended conditions of approval reflect modifications necessary to meet the on -going business operations, which are found in other similar businesses in the generally vicinity of Woody's Wharf. This request specifically includes the following proposed clarifications to the current conditions of approval: 1) Allow the use of the outdoor patio to closing or 2:OOAM daily. 2) Allow indoor dancing nightly until closing, confined to the interior of the building. 3) Adjust the maximum occupancy load for the building at 228. Jay, please let us know if you have any questions, or need any further materials which will assist staff in its review and processing of this application. Sincerely, MPA, Inc. on behalf of Woody's Wharf Martin T. Potts MPA, Inc. a California Corporation cc: Mr. Mark Serventi Mr. Greg Pappas Mr. Ralph Furra 32 Attachment Applicant's Response to Draft Conditions of Approval, dated October 24, 2012 39 IN Ilea) Estate Development Hd Construction Management Services October 24, 2012 Mr. Jay Garcia Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Re: WOODY'S WHARF - CUP #UP2011 -0101 Staffs Proposed Conditions of Approval Dear Jay, COMMUNITY OCT 24 2092 Via email D DEVEL.QPMGNT 4° Op NEWPORT MPA Thank you for sending over the draft Conditions of Approval Monday afternoon and spending time on the phone with me this morning to discuss our concerns. After conversing with Woody's Wharf, we thought it would be best to document our concerns to avoid any misunderstandings. We request Staff consider the following suggested amendments in its report: For ease of reference I have noted your condition number to each. 3. Included in our request to modify the CUP, we requested the patio remain open until 2:OOAM nightly. Staff's recommendation to close the patio at 11:OOPM daily is no more than what Woody's currently enjoys under its existing use permit. We included in our letter of August 21, 2012 a request of City Staff to consider the option of the applicant installing a cover over the patio to help minimize noise impacts to the surrounding area. While we understand this is in violation of the code with respect to the fact there is an existing parcel line which bisects this patio which prohibits construction of a structure over the parcel line, the existing building is currently constructed over this same parcel line. We remain of the opinion that while the City's approval of a patio cover is not compliant with the code as written, it is in keeping with the existing building. If, at any point in time, Woody's Wharf ceases to operate or when the building is demolished the patio cover will be removed. We request Staff's consideration of helping the applicant seek a way to make a finding to approve this patio cover to mitigate noise generated from the outdoor dining area. We request the language, "may be subject to additional and /or more restrictive conditions to regulate and control potential nuisances associated with the operation of the establishment" be stricken from this condition. We believe this to be in conflict with Section 5.25.050D of the Municipal Code which states, "in no case shall the 4041 MacArthur Blvd. Suite 375 Newport Beach. CA 926602529 tel 949.719.1900 tux 949.719.1909 S: \132 - Woody's Wharf Entitlement \300 - City Corr \20121024 LTR JayGarcia.dgF Mr. Jay Garcia October 24, 2012 Page 2 of 2 conditions be inconsistent with or less restrictive than those required by any applicable Use Permit." 6. Currently the restaurant closes at lOPM with appetizer service during all hours of operation. To require full-meal service be provided at all times is inconsistent with the current restaurant operations and most likely inconsistent with the dining habits of the general public. We request this condition be rewritten to allow special events / promotional activities one night per week. This is keeping with the restaurant's current business operations We request the last sentence be modified to read "removal of dining tables and chairs shall be prohibited prior to 10:00PM. 33. We request the language "if applicable" be included in this condition. We believe the cafe dance permit does not apply to the dancing activity at Woody's Wharf in as much as the dance floor is 400sf minimum and Woody's currently assess a cover charge. 47. We request that any activity staged by an outside promoter be limited to a maximum of one night per week. 50. We request this condition be modified to read: "VIP passes or other passes to enter the establishment including minimum drink order or sale of drinks is prohibited ". Jay, we've come a long way in working with Staff and Staff working with us and Woody's Wharf in reaching this pinnacle of Planning Commission action on November 8, 2012. We are anxious to secure approval of a Modified Use Permit to operate Woody's Wharf in the same manner in which it has been operating to date. We appreciate your efforts and hope these matters can be considered as part of the final Staff Report. If you have any questions, please feel free to give me a call. Thanks Jay. Sincerely, Martin Potts & Associates, Inc. a Califg(nia corporation M" r j. Potts Pre dent on behalf of Woody's Wharf Enclosures (as stated) cc: Mr. Greg Pappas —Woody's Wharf (w /enclosure) Mr. Mark Serventi — Woody's Wharf (w /enclosure) S:\132 - Woody's Wharf Entitlement \300 - City Corr \20121024 LTR JayGarcia.d! F 2 Excerpt Planning Commission Minutes Dated November 10, 1983, Use Permit No. 3065 and approved Plan 43 Ca' $ R P 6 tl MNUf 15 tovns;ber ]0, ]983 ' J Request to expand the "net public area" of an exintinq restaurant (woody's Wharf) so as to allow the Item 05 construction of an outdoor deck to be used for dinLng and drinking purposes. The proposal also inclurlgn a modification ::o the Zoning Code an as to allrlr tha unr. of tandem parking with valet service for n rn,rt.ion of the required off-street parking and the pAyment of an annual in -lieu fee to the city for parking In a USE PER) parking lot, LOCATION: Lots 5 -7, block 223, Section A, 11ewp4rt Beach Tract, located at 2316 Newport Boulevard, on the northenaterly side of Newport Boulevard, between 22nd Street and 26th Street in the Cannery Village- McFadden Square Specific plan Area. ZONES: C -1 and C -2 APPLICAln': Woody's Wharf, Newport Beach OWNER: Woodrow Payne rotate, Newport Beach The public hearing opened in connection with thin item and Mr. Vince Debiasi, representing the applicant, appuared before the Commission. Mr. Beblani rofarred to Condition Ho. 10 which states that the ufo or the exterior dock shall cease at loloo p.m. nightly, and requested that the use of the dock be allowed to continue until 12tOO midnight. commissioner Goff asked if the mobile homes iocal'ed across the channel wsre notified of the public hearing. lie stated that these would be the only residences which MAY he impacted by any noise generated from the deck. area. Planning Director Howicker stated that compialnta have been received in the past from residents relating to noiao which carries across the channel from other restaurant uses in the Area utilizing live entertainment. commissioner Perron stated that if the deck is to he utilized for dining purposes only, rather than for live entertainment, there should not be a problem. He stated that the problem occurs when the live entertainment is not confined to the interior of the structure. 45 r�r�s�s �ls�:rr�s .ovtr.6eY 10, 1 §B1 qR Cozy of Newport Beach INDEX Commissioner Balalis stated that the deck would be utilized primarily for dining purposes until lotoo P.M. However, he ntatrd that the use of the dock after 10;00 p.m, would primarily be utilized for drinking putposee which changes the operational characteristics and square footage use of the restaurant. fie stated ttiat in the future should the patio area become enr.loand and the hours of operation boccme the name as the remainder of the restaurant use, then the Planning Coftninsi,r, should have the authority to review the line And the parking requirements. Mr. Dablasi referred to Conditinn Ito, 14, and stated that this condition. give" the Planning Comminalon the authority to add and /or modify cndirioat: of approval relating to the use permit. COnnilnslonor bsialln stated that this condition relator, to a violation of the use permit. Planning Director Ifewickor stated that it in currently an outdoor dock containing open landscaped areas. lie stated that in the future ehould the applicant want to enclose the deck. Area and extend the hours of operation of the dock area to conform with the remainder of tt,e restaurant use, then the applicant would have to amend the use permit. Ile referred to Condition Ito. I and stated that any development would be required to be In substantial conformance with the approved plot plan and floor plan. In response to a question pow:d by Cornninnioncr McLaughlin, Hr. Wiliam [Aycock, Current Planning Administrator, stated that the siobilo homes located across the channel wore not notified of the public hoaring becauea they are located beyond the 300 foot' limitation. Coamisaioner winburn expressed her concern that tho. deck area was constructed without the benefit of necessary permits. She referred to condition No. -2:and mtggeated that the building and electrical permits necessary for the deck be obtained within thirty days, rather than sixty days. Planning Director 1lewicker stated that thirty days would be feasible. u ff�a4 ROLL CALL Motion Amendment Accepted Motion was made for approval of Use permit fin, 1065, subject to the findings and conditions of Exhibit. "A ", with Condition No. 10 to remain that the use of the exterior deck shall.ceane at 10:00 p.m. nightly because the noise does carry to outside uses and moat of the activity after 10tU0 p.m. would be for drinkir.g purposes, rather than for dining purposes, lie further stated that after 10:00 p.m. there are not many nightn the deck could be utilized late at night because rtf the cold air: and, Condition No. 2 be revised to rnflnct 30 days rather than 60 days, Ms, Diane Norris, owner of Woody'n Wharf, nppr•nred before the Co mnianior. Ho, Norrin (stated that many people in Newport Beach cat dinner after g:00 p,m, Sha stated that. it would bo intonvonlant: to ask a pr.rnon seated in the deck area to nave to the inside of the restaurant at 10:00 p.m. Chairman King stated that it in difficult to police and control the noise which would be gencrated by the outside deck. Mo. Norris stated that the closest residence is located over 700 feet away, chairman King stated that any noise generated on the outside clack will :tarry across the channel, Commissioner Parson stated that Dalancy'a Noataurant has a glass enclosure across the front of thair outnlde deck area and suggested that a similar glans enolonurn on the applicant's dock, may cushion the nolma, Mo. Norris suggested that the deck be allowed to oparnte on. a trial basis and if there are any complaints they would be agrenable to installing a glass snclonure, Mo. Norris stated that Newport Bench is a 1x•autiful City and there are so fe` places which a peruon can dins on the waterfront. She stated that it would be anhame to clone off the water if it in not nocoannry. Amendment to the motion was made to change Condition No. 10 to reflect the use of the exterior deck shall cease at 11,00 p.m. nightly, rather than 10:00 p.m,, Com„issioner Goff accepted this as an amendment to his: tmtion. Ayes Nona n a m � o ® ® p A 9 IX .ovember 10, 1983 Commissioner Dalalis referred to Condition ?to. 18 and stated that should there be any problems rnlat.ing to the .tine permit, the Planning Cossaisoioner has the authority to add and /or modify conditions of a`g,roval to the Una permit. Commissioner Goff's aranded motion for approval of Use Permit No. 3065, was now voted on as followa, which AMENDED MOTION CARRIFDs r1NDINGS 1. This the proposed development is consistent with the hand Use Element of the general Plan and the adopted Local coastal Program Land den Plait and in compatible with nurroundinel Innd uses, 2. The project will not have any significant environmental impact. 3. The approval of use Permit Ito. 3065 will nr.t, under the circumstances of thin case, he detrimental to the health, safety, peace, morals, comfort and general welfare of poraona realding and working in the neighborhood, or bo datri.mantal or injurious to property and improvements In the neighborhood or the general welfare of thn city. MINUTES CONDITIONS .1. That dovedopment shall be in subutantlal conformance with the approved plot plan and floor plan. 2. That All building and electrical permits necessary; for the dock shall be obtained within thirty days,: 1. That employees of the restaurant facility shall park in the Municipal parktng lot at all t. Imes. 4. That the noise from the live nntertalnmoht ahaw. be confined to the Interior of the structurr-. . i -43a i .. 1 . .. I !ytlt/'w5?Eil: 43:4&9 vember 10, 1963 � w c v 6 m y p n a a City ®f Newport Beach 5. That ten (10) in-lieu parking spaces shall be purchased from the City on an annual basin for the duration of the restaurant use and chat the annual fen for said parking uhall he in accordance with Section 12.44.125 of the r1twport Heach Kunicipal Code, MW E 5 6, That the boat docks shall ramain available at all times for patrons' use. 7, That a minimum of clip parking apace, for n4ch 40 sq•ft, of "net public area" shall be provided for the expanded restaurant uee, excluding a credit of four parking npacen for the gupst dock, npacea. U. That the valet pnrking scrvicn rhall be in apt-ration during All hours, the restaurant, in open. 9. That all mechanical equlpwent and trash areas be screened from Newport noulevard, Newport bay and , adjoining proportion. 10, That the use of the exterior deck shall cenap. at 11100 p.m. nightly. 11. That all improvemonta be conotructed as rcquirnd by ordinance and the public works Department. 12. That the existing drive apron be removrd 4nd replaced with curb, gutter and sidewalk and'\ltat a ' now 24 foot wide drive apron he construpted approximately In* northerly of the ex)stin,) drive apron per City Standard 166 -G, with the, exact location to be approve by the pu.'.ic Works Department, The construction of the now drivo apron may require the relocation of an existing fire lrydrnntt that the depraaead section of brick 10t:.ted in tho Newport boulevard parkway be br3ught to grade) that the oxistinq decorative' . posts along,the southerly parking lot boundary ba removedr and that 411 work he completed prior to Issuance of any building permits or implereonkation of the subject use permit. t r44o t i i 4 � f i T9 Ci MNUSSlOi4-R- r F o p ROLL CAU Govember 10, 1983 i;,.?• 13. That the on -sits vehicular circulation plan he subject to further review and approval of the Traffic Engineer. 14. That the Planning Consninsion may add and /or modify Conditions of Approval to this use permit upon a determination that the operation, which In the subject of thin use permit, causes injury, or. Is detrimental to the health, safety or welfare of the community. o e p Lnt Lina Adjustment No. 83 -8 (Public Hearin q) Stem p� Pnquest to adjust the common area lot lines for the 6 thru rpose of eliminating structural encroachments on lots 1 ated in Tract No. 5878. LOCAT Ni Tract No. 5878, located on the northwesterly aide of Vista eel Oro ALi, between Vista del Plays and. Vista AAPROVE Caudal, in the Bluffs. CONDI_ ZONP.! 4 -D -i, PPD - TIONALI AND 'Lot Line Adjustment No. -9 (Public Nearing) Request to adjust 'the c area lot llnas: for' thou. ' purpose of eliminating ntruetu 1 oncroachmrnta an lots located in Tract No. 5741. .IACAT %ONe Tract No. 5741, locat on the southerly, side of 'Vista DO Oro b twaan Vista'Del i Playa and Vista Caudal,.i 4he Bluffs., 74M R- 4 -B -2, PRO i I I t i i -45- I 1 } I if O y+ .t it i { TO; J.D. Hewicker, Planning Director ``rl FROM: Greg Armstrong, Environmental Services Coordinator SUBJECT: Proposed Expansion of Woody's Wharf Restaurant (Use Permit d 3065 — Amended) It has come to my attention that the proprietor of Woody's Wharf Restaurant, Mr. Ralph Furra has requested an amendment to the above use permit to allow for expanded use of the facility's outdoor deck. You should be made aware that this department has had several contacts with the restaurant management regarding complaints of excasnive noise and disturbance of the peace since Mr. Furra took ponsession of the restaurant. During my subsequent investigation, it wan determined that Mr. Furra had been operating the restaurant for four months without obtaining a business license, live entertainment permit, or a county health permit. An inspection made by myself and Inspector Cheek of the Fire Department on November 16, 1987, revealed neveral Fire Code violations and that conditions 1, A, 7, 9, 10 and 12 of Use Permit ,#3065, amended November 10, 1983, were being substantially violated. Notification to appropriate departments and agencies were made regarding the violations that had been observed. In addition, Inspector Cheek issued a violation notice to the restaurant management for the Fire Code violations. Two office conferonces and several telephone conversations were held with Mr. Furra in November and December. Follow -up inspections were alno made of the facility during the same time period. Mr. Furra has corrected the majority of the deficiencies. However, there has been a continued problem with overcrowding, Mr. Furra was cited by an officer of this department on December 11, 1987 for overcrowding the facility. I have also been advised by the traffic division that parking remains a problem in and around the facility. Blocked lanes of travel on Newport Blvd., blocked driveway entrances and illegal parking on the street are a chronic problem during peak. restaurant hours. I hope you find this information useful in the evaluation of the proposed use permit amendment. If further information is needed, »lease feel free to contact me. Gregonstrong Envi pnmental:3ervioe0 COOrd atOr 151- 0"2 January 15, 1988 TO: Newport Beach Planning Commission FROM: William E. Blurock RE: Use Permit 3065 (Woody's Wharf) The PIurmk Parinemhip We have reviewed the application and staff report and wish to react to the application as follows: 1. Woody's Wharf has had a parking problem including congestion ever since we have owned the property (since 1973) and have not taken serious steps to rectify the parking problem. 2. in 1983 a use permit was granted for a deck and qualified by added parking requirements through the "in Lieu Parking" of 10 cars. This (lid not rec- tify nor improve the manner in which the restaurant abused the neigh- borhood, 3. In 1986/87 the deck was expanded and now to conform they are asking for 15 more ON Lieu Parking Spaces" for a total of 25. We feel this is exces- sive as it addresses 40% of the available spaces In the Newport Blvd. /Balboa center area where as they only represent + 10% of the frontage. 4. We at the "South Coast Shipyard" property do not object to the proportion» ing out of "in Lieu Parking ", but feel it Is only to help, not rectify past problems. 5. At present, the McFadden Square Community Association is forming nn "improvement district: to be resolved with the City Council by April 1988: This will be addressing parking and street improvements, the McFadden Plaza, and other issues related to the area in which this application falls. Therefore, we request you Pither deny this request or at least delay any fur- ther "In Lieu Parking Permits" until the total issue of cost and to what use these "fees" will be used. Sincerely, lam . B'ur ck Wk— General Partner South Coast Shipyard and Design Center WEB /pad u, Erri°'to, %--� JAM1�1 !a TT .. Mchitecls and f innnels 1 2300 Newpon BoUIUVai(I I Ifowpal UeaCh I Cnlifain•ia 02663 J 1714) 073.0300 152 "2; -_ w ip r lit �} ' °e !1 t� it ®ei ' ii 1. v d .1 . .. .. ' �.... �` , tip,' •. \`� �� 1 .. .. 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V /°ea.,yi�....'.r• TXffl .m'..Clff . •e ' �e� Y•r -.y ... , .• ,• ,•.P.u....,1... 1...�..1•,m• .•..• .. e.•... w•e.ww- -..... se. u,e lr •r..• r.w 50 Excerpt Planning Commission Minutes Dated February 4, 1988, Use Permit No. 3065 (Amended) and Proposed Plan 57 �g COMMISSIONERS g CITY OF P 9 EM- I T February 4, 1988 ROLL CALL INDEX Uno Permit Ito. 3055 (Amended) (Continued Public Hearing) here Ila.4 Request to mmend A previously approved unn permit which UP30 /,51t permitted the expansion of the existing, woody'a wharf Restaurant on property located in the "Recreational and Donled Marine Commorcial° area of the Cannery Vilingn /McFadden Square Specific Plan Aron. Said approval aluu allowed the purchase of in -lieu parking spaces for is partirn of ti:e required off-street parking and the Approval of n uod:ficatlon to the Zoning Coda so ns to allow the use of tandem parking npaces with n full tAinu valet parking service The propnned Amendment Involvua: a t'equent to Increase Oho 'net public art -no on the exiatI ng, outdoor dock; to pnrtinlly enclose said outdoor dock area for dining purpoNes; to ontlafy the Additional regUlrod off - street parking epncan through the purchnuo of Additional In -lluu parking maned+ la the Municipal prinking lot; and A request to allow Otto use of the outdoor duck until 2:00 a.m., whereas Cite existing, use permit requires the use of the outdoor duck to canoe at 11:00 p.m. nightly. A modification to the 'Zoning Code is also requented too as to permit the dock enclosure to encroach 2.18 feet Into the required 10 foot .etbnck from the bulkhead line. LOCATION: Irate 6, 7, and 8, Block 223, Nection A, Newport Bonch, And n portion o1' let 2, Section 33, Township 6 South, Range 10 West, located at 2318 Newport Boulevard, on the northeasterly Aida of Newport Boulevard, between 23rd Street and 26th Street in the Cannery V111ngo /MeFaddon Square Specific Plan Area, ZONE: SP -6 APPLICANT: Ralph FurrA, 11"iort Beach OWNER: Ruth Payne Smith, Corona dot Mar William Laycock, Current Planning Manager, referred to A letter that was submitted to the Planning CommlamiAn by Harwood, Adkinson 6 Moindl, signed by Donnas Harwood, Attorney for the property owner, dated February 3, 1988, Hr. Laycock said that the letter ntatoo that the property owner has concerns regarding several of eta conditions of Approval that staff has recommended in Exhibit "A ". in reference to suggested Condition Ila. 3 "that an 8 foot wide lateral access easement shall be .11- �: COMMISSIONERS MINUTES Febr'iory 4, 19RA ROLL CALL INDEX provided adjacent to the Rhine Channel and a 6 foot vide vertical access easement shall be pravi4ad At the northerly portlon of the site to link Newport. Roulevard find the Rhine Chonnel..", Section 20.4,3,0/.9 M of the Municipal Code states that when approving, a ions, permit, the Planning Commisnlon must require dedle.oclen of this particular lateral and vertical access enmetnanta, He stated that Mr. Harwood loan indicated that Ovf applicant bas no authority under Cite terms of thr Jenne to encumber the property with the ensemenen. Mr. Laycock advised that unions the Planning Comminalon wnivon sold Condition No, 3, then a finding would have to be made that would state "thnt adoonate public areens to the bay already exists, innnmuch all the ntrcat and of 26th Street in located only 180 feet frow th- restaurant site." Its stated that it the Planning Co(molanion cannot make said flooding, then the project munt be, dantad or continued until the applicant applies for a Variance to valve the requirement, Ho said that if tilt npplicntion is denied, that Finding No. A is nuggented; °that the property owner may not he willing to alloy the provision of public access onsements on the site no required by the Municipal Code and the Local Coastal Program." Mr. Lnycock further stated that Condition No. 23 of Exhibit "A ", suggests that a resubdivislon be approved to combine the lots Into one building site and the parcel map be filed prior to insuanco of building pormttt to enclose the duck, tic oxp Jul naet that this in a requirement of the Municipnl Code And the property owner has indicated thnt title may be unwilling to rnsubdivlde the property and create one building site. If no, ha said that either Lite project would have to tin domed or a waiver of the parcel nuip could be approved by the Planning Conenisaton at a later ante. In reference to in -lieu parking, Mr. Laycock referred to a previous use permit that was recently approved by the Planning Commission that ineludod a condition staring that n report be submitted to tht Plnnning Department every six months datniling the use by the applicant of the Municipal Parking Let, lie indicated that staff ling Included a. similar condition !n the Addanduat to the staff report, but he advlsad that bocnuse the majority of the business will bn coming from r.estau.nnt patrona it may be difficult to locate where the patrons are parking. Commissioner dinburn referred to the in-lieu parking condition, sold she stated that if the application in approved then the applicant's 22 in-lieu parking spaces in the Municipal Parking lot may absorb 22 percent of •12- IN COMMISSIONERS N PPOg, �((�(� O �y MWgiggg February 4, 1119a ROLL CALL IN EX the parking spaces, She indicated that it may be easier to administer the use of the Municipal Parking Lot by the subject restaurant inasmuch an the fecllity to cloaa to the parking lot. Commissioner Ninburn referred to the number of complaints that have been received from adjacent property owners because the rentnurnnt pntrunn are parking their automobiles on ndjolnlug, Iota and streets. In response to clarification as stated try Comminsionor Pomeroy regarding the subject property uwnor'a not agreeing to aforementioned Condition 11u, 7, Carol Kornde, Assistant City Attorney, replled that the Planning Comminuion ties the option to waive said Condition, to add aforementioned Finding No. g, deny the une permit and then the applicant could apply for a Variance. In rnnponne to a ntatemrnt by Comminninrn•r Dabny that there is uu boardwalk: bordering, the bay, Chairman Pern6n expinlned that there. to n long -term plan that was implemented within the local Coastal Program that included a public walkway along the bay through the Cannery Village area, Mr. Laycock commented that the City is recommending that an area be provided for the walkway, but that the walkway'a development would not be implemented at this time. The public hearing was opened In r_onnar.tlon with this item, and Mr. Ralph Furra, applicant, appeared before the Planning Commission. Mr. Furrn atoted that if the City would not nppreve the Additional P In-lieu parking spaces that: he was prepared to purchano a parking lot on Newport Boulevard north of the reatnurnot which would accommodate said parking, spaces, In response to a question posed by Chairman Porgdn, Ma, Korado commented that the Planning Commission would not be able to act on the issue because an Off-Site Parking, Agreement would have to be considered and approved, In reference to concerns relating to the noise factor, Hr, Furra stated that the restaurant's doors nre cloned at 10:70 p.m., and that he lion requested that the bands monitor chair sound. lie commented that during the past two months the Police Department has stated that the noise emanating from the restaurnnt is now under control. Mr. Furra stated that they Intend to control the noise by installing insulated glass as a barrier, and that a doorman would be assigned to the patio area to monitor the noise created by the band and patrons. In responso to questions posed by Mr. Laycock, Hr, Furra -17- H ,� a,'%` mG Qpy� w vF vy '.f i • 0 MINUTES February 4, 1998 ROLL CALL INDEX replied that the Installed glans would surround the entire patio area and to the ceiling sit that thorn would be an enclosed structure. Mr. Furra explained that the renter of the roof in a permnnent ceiling„ and that two• thirds of the ceiling would retract for sunlight but that It would be closed in the evening t.o mitigate the noise, In renponse to numerous questions posed by Chairman Fern6n, Mr, Furra replied that Ise concurs with the findings and conditions In Exit ibIt "A "; that ho proviouuly has operated two cocktail lounges In Miaalon Viejo and San Clemente that are nonconforming, kitten; that he did not purchase the rostaurant throur,.h it real estate agent; that prior co purchaning the restaurant he came to the planning Department regarding thn unit permit and thnt he was informed that there were no runditlona thnt would ndvoraely affect his al,fIIty to operate the re.ntnurant. Chairman PersGn pointed om that the tine permit file In public record and that Mr, Furrn could have personally inspected said file. In response to questions posed by Commissioner Voppolman, Mr, Furra replied that ho purchased the restaurant in August, 1987. lie explained that on November 16, 1987, it sign was posted in 1,110 entryway that 102 people were allowed on the premisua Inside of rho restaurant and 28 poople were allowed outoldo on the deck, lie stated that the Police Department Informed him chat the signs wore illegally posted and that the occupancy was to be 78 poople on the Waldo and 28 people on the deck. Mr. Furra maintained Ilutt he then Attempted to restrict the occupancy load by monitoring the four entrances to the rostaurant. In response to a question by Chairman Peradn, Mr. Furra stated that he was in escrow for approximately sixty days, and that he did not investigate the ntatua of the business license because ho intended to renew the business 11conao when it expired at the end of the year. In response to n question posed by Commissioner Merrill, Hr. Furra replied that the previous restaurant ownorn posted the occupancy load signs, Commissioner Pomeroy stated that he was on the rontaurant site at: 9:30 a.m. Monday, that he observed the occupancy load sign allowing 28 people on the deck area, that he had counted 38 chairs sitting on the deck and 27 chairs wore stacked on the back of the deck, and ho commented that one way to control the occupancy would =14. 02 COMMISSIONERS m MINUTES February 4, 199H ROLL CALL INDEX would be to not have that many chairs avaitnble for thin patrons to use. Mr. Furra replied that there hnc not been an occupancy problem on the patio area, and that during Lila times that they were cited by the Police Department, the nron of concern wan Inside the restaurant. Commissioner Merrill stated that the Police Department has Indicated that there have been violations on the deck past 11:00 p.m. Mr. Furrc stated that he wan Informed on November 16 that the deck unit not to be used after 11:00 p.m., and since that time they have not used the outnide area. in rospottno to Commiaalotter Dl Snno'n question, Mr. Furra ngreed to enter Into or bond for nn off•atrnnt parking lot to AccomoodAte 12 nutomobllnn, In rospanse to quentions posed by Commissioner Winburn and Chairman Perabn, Mr, Furra stated that the parking hit In in the 2600 block on Newport Boulevard, on the name nldo of the street as the subject restaurant. Mr, Dwight Belden, 2006 Debra Lane, owuar of the Red Onion Restaurant on the adjoining lot, nppnnred before the Planning Commission in opposition to Lila approval of the subject use permit because of Inndoqunto parking. Me commented that theca is lack of parking, in the immediate area and that the Red Onion Restaurant has three in•11ou parking spaces In tiie Municipal Parking Lot across the street from the Red Onion Restaurant. Me stated that to allow the applicants to significantly increase the size of the "net pub is nron" of the subject restaurant would impact the parking facilities. As a member of the McFadden Square Association he sold that inrking has still not been addrenaad lit tiro Oren. Thorn being no others desiring to appear and be heard, the public hearing was cloned at Chia time. Commissioner Koppolmnn stated that site wait concerned about the parking situation in the McPnddun Square Area, that there is inadequate parking to elluw for the expansion of the subject restaurant, and 'lint the conditions of the previous use permit havo bean flagrantly violated in regard to the oxpnnnion of the restaurant. Motion Motion was made to deny Use Permit lie. 1065 (::vended) x subject to the findings for dental in Exhibit "B", Including Finding No. 4, "that the property owner may not be willing to allow the provision of public access .15. 0 3 . . . COMMISSIONERS N313'r Pd�® � a v �n� -po � �$ MINUTES Februnr/ 4, 1796 ROLL CALL INDEX casements on the site as required by the Municipal Code and the Local Coastnl Progrnm.° Chalrnnn Pers6n requested an amendment to the motion that this matter be placed an the next agenda to be :et for public hearing to review the existing conditions of approval of the existing use permit. The maker of the motion agreed to the amendment to the motion. In reference to the subject use permit, Mo. F.orado commented that there Is a 21 day appeal period to the City Council. Chairman Pers6n commented that the Planning commission would be reviewing the original use permit, and that the 21 day appeal would npply to the subject npplicatlon only. Commissioner Di. Sano stated that he would support the motion. liu reforred to n letter submitted by Mr. William Hlurock and tcatimnny by Mr. flcldon regarding, parking, and h3 suggested that until the In -ilou parking has been addressed for the iron that n delay in warranted, lie commenters that he would be intoroated in observing the success of Mr. Furra'n parking lot 500 feet away if he chose to purchase the parking lot. Commissioner Pomeroy concurred with Commissioner Di Sano's statement. Ma ndded that there have been continuous violntlons with tho original use permit, and that he did not epprova of banding the rulen as wns previously done to approve the additional in -liou parking, spaces. Commissioner Winburn stated that she would support the motion. Site pointed out that several of the conditions of the original use permit have not been complied with since that use permit was approved, and that she wan particularly concerned that the deck was built without the required permits. Chairman Pers6n stated that previously the Planning Commission was requested to approve n unc titer wan expanded illegally and now the Planning Commission in being asked to intonsify the use which was illegal fn the first place. Me commented that the applicant should have reviewed the conditions to the use permit prior to operating the subject restaurant. Chairman Peradn stated that when the original use permit comes back to the Planning Commission that he will want to look at hie previous suggestion to install glass around the front of the dock, and that some of tho conditions be modified to indicate that there in butter compliance with the use -16- 04 ° COMMISSIONERS MINUTES February 4, 19Pt ROLL CALL. INDEX _ permit that wan originally granted. Kotlon wan voted on to deny Use Permit No, 3065 (Amended) aubjnct to the findings in Exhibit °B° All Ayes including aforemontloned Finding No. 4. MOTION CARRIED. EIVDINO 1, That adequate off-street parking in not, Available for the proposed expanded restaurant to satisfy the requirements or Section 20.30.035 of the Newport Beach Municipal Code, inasmuch as the nearby Municipal parking, lot is already used to capacity during peak periods. 2, That the fncility has been an enforcement problem in the past, and that existing problems may be perpetuated, 3. That the establishment, maintenance or operation of the use or the building applied for will, under the circumstancea of the particular case, be detrimen- tal to the health, safety, pence, comfort and general welfare of persona residing, or working in the neighborhood of such proposed unit and will be detrimental and injurious to property and improve• ments in the neighborhood and the general welfare Of the city, 4. That the property owner may not be willing to allow the provision of public acct-_L onnuments on the site as required by the Municipal Cods and the Local Coastal Program, Item No.S Requo to resubdivide property locatud in the A -1 -B District , an to establish a parcel of land for single Rt161 family purpo •. 7 ".ts proposal also Includes n regnant Continued to approve a pro ad grading plan of the site no an to establish grade rot` -• a purpose of roenauring, building to 2 -18 -00 height; and the acceptan of an enviracusentnl ilecwsunt. LOCATION: A portion o lock 96, Irvina'a Sabdiviolon, locate 3B41 Ocean Birch Drive, on the souther side of ocean Birch Drive between t southerly terminus of Spyglass Jill Ron nd Sea Bell Circle, in the Spyglass ge residential area, •17• 05 >� e .1Nazmlzae'.•�'nn 61aceLi vaerd.ve'va rrriv zem.: V ... a- van - y y,.=. 1 2 M1em st" "daMMa :elK.l'xav I ] a - V 9 Yej'e'v.:c'{ 11 l� to 08' a o� a g >en a�: � � �����.�� ��, n•�`,. � J Z I I , Vol THAN a ' ♦ 9Y i. wit _ a-•`'- S� to qg J, �j If Us's =25MIN is! A& BSS silo a SINK el al 0.1 -7n7 Von VA bbl it '30 ---------- I -------- I I IT lot 16 AV oti lit V& TIA: tot SINK 07 al -7n7 Von VA 07 02 Excerpt Planning Commission Minutes Dated March 24, 1988 Use Permit No. 3065 (Amended) With Floor Plans and Parking Plan as Approved and Revised Plans as Approved on April 29, 1988 09 :FD COMMISSIONERS Qe MINUTES March 24, I'18 ROLL CALL INDEX Una Permit tfo, 3055lJigtlew3 Public 1(garfnv). %enq No l Request to conaider amending conditions of approval in UP3065 conjunction with Use Permit No. 3065 which permitted the ftnviewj expansion of the existing Woody's Wharf Restaurant ma property located In the "Recreational And Marine t:l,rovnd Commorclal° area of the Cannery Vilinge /McFnddan Square Specific Plan Area. Said approval also allowed the purchase of in -lieu parking spaces for a portion of the required off-street parking and the approval of a modification to the Zoning Coda so as to allow the use of tandem parking spaces with a full titan valet parking service. IACATION: Lots 6, 7, and 8, Block, 221, Section A, Newport Beach, and a portion of Lot 2, Section 33, Township 6 Sauth, Range 10 Went, located at 2318 Newport Boulevard, on the northeasterly side of Newport Boulevard, between 23rd Street and 26th Street in the Cannery Vilinge /McFnddan Square Specific Plan Area. ZONE: SP -6 APPLICANT: Ralph Furra, Newport Beach OWNER: Ruth Payne Smith, Corona dal Mar The public hearing was opened In connection with this item, and Hr. Ralph Furra, applicant appeared before the Planning Commission. Chairman Person asked the applicant if be had any concerns regarding the findings and conditions contained in the staff report Inasmuch as Mr. Furra is a now owner of Woody'n Wharf Restaurant and the Planning Commission wanted to be certain that Mr. Furra understood all of the conditions that presently exist under the subject use permit. Hr. Furra referred to Condition No. 16, stating "that. all new construction shall maintain a 10 foot setback from the bulkhead line (i.e. 2 feet in from the existing bulkhead) and a 6 foot setback from the northerly afdo Property lino, °. Hr. Furra explained that if he would be required to build a glass barrier two feet behind the bulkhead to control the noise, as suggested in the staff report, than the public would have an access area hatwean the glass barrier and the bulkhead and along tho _2. 71 COMMISSIONERS NN't0 as �$ - i MINUTES March 24, 1988 Rol. CALL INDEX side of the building. Mr. Furra requested that he be permitted to build the glees barrier out to the bulkhend becauso than lie would have an ability to control the noise, In reference to Condition Ito. 10, acating 'that the use of the exterior deck shall tense At 11:00 p.m. nightly. ", Mr. purrs requested chat the deck be allowed to remain open until the regular operating, hour of 2:00 P.M. In renponue to a question posed by Chairman Pers6n, James liewicker, Planning Director, replied that public notices were mallod to properties within 700 feet of tha subject parcel and the applicable Community Associntione, Mr. Howicker &-rated that tho property owners in the mobile hams park across the Rhine Chnnnol from the subject restaurant were not notified beenuno the mobile home park in not located within 300 foot of the restaurnnt. In response to a question posed by Comninnioner Debay regarding the exterior deck, Mr. Furra replied that the entertainment will be confined to the Interior of the restaurnnt. Chairman Pers6n commented that he would not consider expanding the operating hours on the exterior deck to 2:00 a.m. until the mobile park property ownern had been notified. Comminslonor Winburn referred to Condition Ha. 12 requesting "that the existing drive apron be removed And be replaced with curb. gutter, and sidewalk, And that a now 24 foot wide drive apron be constructed approximately 18 inches north of the extuttng drive apron. ". In response to CoaAsslonor Winburn'n question, Mr. Furra replied that he would comply with the required public improvements and that said improvements could be completed within nixty days, including, the foregoing glass barrier, Commissioner Winburn and Mr. Furra discussed the restriping of the perking, lot, and the driveway, In response to (locations posed by Cotmninsioner Debay, Mr. Hawicker replied that staff requested the glans partition be not back two fact frnm the bulkhead bocauso the City foresees a public walkway on the site and if a glass partition would be constructed within the 10 foot setback area, than there could be a problem In obtaining Access to the bulkhead. Mr. Hawicker suggontod that a condition could state that: If a public .,. 72 COMMISSIONERS MINUTES March 24, 19PP, ROLL CAE INDEX access easement parallel to the bay were required in the future, that the g,.lasn wall be relocated at the expense rf the applicant. Mr. Furro ngreod with the recommendation. In ronponse to Chnlrmnn Persdn regarding, the public notice, Carol Kerado, Assistant City Atenrn ^.y and Mr. Mewlekor, explained that the public notice wan worded so that the Planning Commission could consider reenacting any of the conditions of approval In conjunction with the subject use permit. Commissioner ltinburn stated her concern that the exterior deck's chnngo of operating hours could be amended without notifying the uwblle hone property owners, Chairman Pers6n alr;o stated his concern; howcvor, lie commented that If the applicant did not comply with tall of the conditionu of (approval that the one penult could come back to the 1'l anal ng Commission for view, There being no others desiring to appear and ho heard, the public hearing was closed at this Lime. Chairman Porsdn and Commissioner Wlnburn dlocussed Condition No, 15 requesting a sound attenuation glans enclosure that would deflect the sound back towards the rentaurnnt. Chairman Pors6n and Ms. Korada discussed the sound monitor that the Police Dopartment recently purchased to ;allow them to measure nolse at the property line, Motion 9 Motion wan made to approve laeo Permit Nn, 7065, subject to the findings and conditio:s in Exhibit "A ", including the following changes; Condition lie. 10; "that the exterior clack shall cosec at 12:00 midnight "; Condition lie, 15, that reference to "glass enclosure" shall be amended to state "glass wall "; anal condition No. 16, "that the glass wall shall be permitted to encroach to the bulkhand until a public access easement area parallel to the bay is required by the City, at which time the glass wall shall he relocated at. leant 2 foot heck of the bulkhead at the applicant's axpnnna." At the request of Ms. Korndu, i.airman 11ernen nuegunted that the condition further state "that prior to the exercising of the use permit, the applicant shall execute an agreement with the City to the effect that no vested rights shall be acquired to maintain the glass wall, or any portion of the glass wall." Discussion onnuod between Cotmaissioner Merrill and 'fir. Ilewicker regarding Condition tic. 21 regarding a .4. c 73 COMMISSIONERS �� mn � { ± 2 2 b- E Y O1 !mil L.. � MINUTES ROLL CALL INDEX renubdivinlon, and perhaps a condition that would requlrP an agrnemont and posting of a bond prior to issuing, a building, pormlt In connection With Lha required public improvrmcoto. Chairman Pors611 emphasized that the npplicnnt must comply with the required condition: of approval or the Planning Commission could bring the use prrmit back which could result in the removal of the e•r.tnrfor deck, Insomuch as said deck was constructed illegally by 010 restnurant's previous owner. Commissioner U1 Sano st.aterd that he would nupport the motion, and ho commented that the nppl[cant has encountered problems becauga lie was not aware of the previous restaurant's ounern nnn•complinnce with the conditions. Notion was voted on to approve One Permit, No. 3065 (Review) subject to the findings and Conditions In Ayes 0 e o > It Fit hibIt "A" Including the foregoiry changer, to Absent ^ Conditions No. 10, No. 15, and No, 16, MOTION CAHKIEO. EIBDIL 5: 1. That the proposed development is conaiatont with the land t)no Element of the General flan and with Llto Local daastal Program and Is compstlble with the surrounding land uses. 2, That the project will not have any significant environmental impact. 9. The approval of Use Permit No. 1065 will not, under the eircumstancea of this case, by detrimental to tha health, safety, peace, morals, comfort and general welfare of persons residing, and working, In the neighborhood, or be detrimental or Injurious to proparty and improvements in the neighborhood or to the general welfare of the City. 4. That the installation of a barrior on the outdoor dock is necessary for the containment of note(, And the delineation of "net public area" on the dock. CONDITIONS: 1. That development shall be in substantial conformance with the plot plan and floor plan approved by the Planning Commission on November 10, •5- �� .. COMMISSIONERS , MINUTES Ilarch 2h, 19d3 ROLL CALL INDEX 1981, except an noted below, 2. Thnt nil necessary building and electrienl permits shall hn obtained for all now coontruction. 3. That employees of the restnurnnt fnr.11ity Shall park In the Municipal parking lot at till tim(.,s. 4. That till) noise from the live ontertninmr,ot shall be confined to the Interior of the ocructure, 5. Thnt tell (10) In-lieu parking spacon rhaII be purchased from the City on an annual bnnin for the duration of the rentauracct use and Unit the annual fee for said parking shall bit in nceordance with Section 12.44.125 of the Municipal Coda, 6. That the hoot dncks shall rennin available at all tlmee for patrons' usn. 7. That a. minimum of one parking npnce for each 40 sq.ft, of "not public area' nhall be provided for the expanded restaurant use, excluding a credit of four parking spacus for the guant dock spaces, 8, That Lila valet parking service shall be in operatLen during all hours Cho restaurant Is open, 9. That all mochnnfcal equipment and traah areas bit screened from Newport Boulevard, Newport Bay and adjoining proportion, 10. That the use of the exterior duck shall coane at 12:00 midnight nightly. 11. That all Improvements be constructed an required by Ordinance and the Public Works Departmont, 12. That the existing drive apron be, removed slid replaced with curb, gutter and sidowalk, and that n now 24 foot wide drive apron be constructed approximately 18 Inches northerly of the existing drive apron per City Standard 166.1., with the exact location to he approved by the Public Works Department, The construction of tile now drive opron may require the relocation of an existing fire hydrant; that the depressed aectlon of brick located in the Newport Boulevnrd parkway be brought to grade; that the existing decorative posts along the southerly parking lot boundary be removed; and •6• 715 commissIONERS =pro March 24. 1988 ROLL CALL INDEX that all work be completed prior to funuance of any building, permlta or implemcntatlon of the subject Una permit. 13. That the on•alte vehicular elrculat.lon plan be aublect to further review and approval of the City Traffic Engineer. 16. That the planning Commission may add to or modify conditions of approval to this use permit, upon a dotermination that the operation which is the subject of tills nmendmant causes fnJury, or is dutfimental to the health, safety, Police, morals, comfort, or general welfare of thn community. 15. That a sound attenuation wall enclo:nn- shall be loatallud on the outdoor deck so as to contain on- nice noise. A licensed engineer practicing In the area of acoustiaa shall certify Chile Maid harrier will contain noise such that rest.aurrutt generated noise will not exceed 55 d8A at the property lines on the deck. 16. That oil row construction shall maintnln a 6 foot setback from the northerly aide property line. The glass wall shall be pormittod to encroach to the bulkhead until a public accents enc,!mpnt area Parallel to the bay in required by the city, at whlch time the glass wall nhnll be rvloratod at least 2 feet back of the existing bulkhoall at the applicant's expanse. Prior to the exerciaing of the use perwlt, tite applicant shall executo an agreement with the City providing that no vested rights shall be acquired to maintain the glass wall, or any portion of the glass wall. 17. That the "not public wren" of the restaurant facility shall not exceed 1,1731 nq,ft, inside the building, and 416 sq.ft, t on the deck. 18. Thnt all windows and doors (except when entering, or leaving the restaurant facility) shall be closed by 11:00 p.m. daily. 19. 'rhat the parking lot shall be restriped to provide at least 26 purking spaces ns previously required, 20. That handicapped parking shall be provided as required by Code, and that the required nunber of handicapped parking spaces shell be designated .7. 70 e; COMMISSIONERS MINIPTES NNI 9$ March 94, 1988 ROLL. CALL. INDEX solely for handicapped self parking and shall be identified in a runner acceptable to the city Traffic Engineer. Said parking spaces shall be accooaiblo to the handicapped .'.r all times. A handicapped sign on a post shall be required for each handicapped parkin& space, 21. That a resubdivision be approved to combine the lots into one building site, and a parcel map be filed, prior to the issuance of building permits to enclose the dock if the cost of the gleca enclosure on the dock exceeds $5,000.00. 22, That all conditions of approval of thin use permit shall be implemented within 60 days from the effective date of this applicntior unleas other arrangements are made with the Planning Department. 23. That the applicant shall obtain the approval of the Coastal Commission prior to the Iscuance of building permits for the glass bnrrler. � � o Item 110.2 UP3311 R uoet ti h a take-out Chinese restaurant with hom delioperty located on "Retail Commercial Site wport Place Planned Community. Thu propose des a request to waive a portion of Approvod the requiroot parking spacaa, LOCATION: 1, Tract No, 7770, located at 1701 nthian Nay, on the southeasterly of Corinthian Nay and Scott Drive he acArthur Square commercial center ted thin the ttowpo rt Place Planned Community. ZONE: P•C APPLICANT: Ming Chun Ch\poorco OWNER: Bu&tnaas Pro e Commissioner Merrill and icke Planning Di'ractor, discussed the paroor co Lion. Commissioner Winburn commCondition 4 states tha t the northerly the parking of •a- 1� i! i.',. < Ell t J `y k ;DOOR 'rD Be POs r6D ��S VtCc f_}CC'p�3b v/JI.Y'' Illll➢IIIIIIII I IIII _ 5EA?vrc6 trA2 iC INTL-R1J>Z �� i •�� , •� N 4W65S &ATG r , (LCegT� ant To gE h " (�RmiU�ra BY �ieP� ACCF, 5S -/�S -MC-Vj An'�Fl CAI. 15 IN u a — f 26 %Aw Ast bo Qf o its Q/ A :ice 1 %Aw Ast 22 r-110 M-1 LIGIVIA Outdoor Dining Permit No. 1 Approved October 4, 1995 and Approved Plans es 24 i P.O. Mo BOX 1768, NEWPORT BEACH, CA 92658 -8915 PLANNING DEPARTMENT (714) 644 -3200 October 4, 1995 Application No: I Applicant: Woody's Wharf (Ralph Furra) Address of Property Involved: 2318 Newport Boulevard Legal Description: Lots 6, 7 and 8, Block 233, Section A and a portion of Lot 2, Section 33, Newport Beach Tract Request to permit the establishment of an outdoor dining use on property located in the SP -6 District. The Planning Department, on October 4, 1995, approved. the application subject to the following conditions: 1. That development shall be in substantial conformance with the approved floor plans except as noted in the following conditions. 2. That the outdoor dining shall be limited to a maximum of 709 sq.ft. (416 sq.ft. per Use Permit No. 3065 plus 293 new sq.ft.). Any further increase in the outdoor dining area shall be subject to the approval of a use permit, 1 That the use of the outdoor patio shall cease at 11:00 p.m. 4. That no outside paging system shall be utilized in conjunction with the use of the outdoor dining patio. 5. That should this business be sold or otherwise come under different ownership, any ruture owners or assignees shall be notified of the conditions of this approval by either the current owner or the leasing company. 6. That noise from the live entertainment shall be confined to the interior of the building. 7. That the Planning Department may add to or modify conditions of approval to this outdoor dining permit, or recommend to the Planning Commission or City Council the revocation of this permit 3300 Newport Boulevard, Newport Beach 25 October 5,1495 Pagep-2 upon a determination that the operation which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 8. That all applicable conditions of approval for Use Permit No. 3065 shall remain in effect. The Planning Department determined in this case that the proposal would not be detrimental to persons, property or improvements in the neighborhood and that the specialty food services permit as approved would be consistent with the legislative intent of Tide 20 of the Newport Beach Municipal Code, and made the following findings: 1. That the proposed outdoor dining is consistent with the Land Use Element and the Local Coastal Program of the General Plan, and is compatible with the surrounding land uses. 2. That the approval of Outdoor Dining Permit No. 1 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the City. NOTE: This approval shall expire unless exercised within 24 months from the end of the appeal period, and cannot be extended. The decision of the Planning Department may be appealed by the applicant to the Planning Commission within 14 days of the date of the decision. Any appeal filed shall be accompanied by a filing fee of $399.00. Lhllk M NUM UM O. Aslami Associate Planner DOA:dk F.'M51TLANNHMARI kIMPECF00WDLDX 20 OUTDOOR DINING PERMIT APPLICATION ApydcationReo'dby:, �r._ CITY OF NEWPORT BEACH Pee: $ PLANNING DEPARTMENT 3300 Newport Boulevard P.O. Box 1768 Newport Beady CA 92658 -8915 (714) 6443200 Applicant (Print) �AVA FL)kAtA Phone (0-73-011 i Addressof Property Involved ' Mailing Address LIB t8 w � (�/l -t� A) E Property Owner TWA FO YOG Phone in 2 3 (¢ g 1 i bfailingAddress 1419 W� 4,q Jivt NF..c. ✓l+D r b I�-cUc1�, ff '� r Purpose ofJ Application (describe 10 �,>rpand Our Ca- ts-1�1�r.1 -�'Om (fully) LAIte �P Y0. i0� T 11Rr .uF.W �OC41,10 Ctjy pratuuNte- 120+ i.riur-)rVO-Flla IS "e Cf 55p4 .flu C'C tli+. kq� pr E VId V,Iy QIIVkw4I d ft� oJItt QY� U✓�� 4Aa � ll Proposed Use Present Use _I u 1 n 1 Zone Proposed: a. Total Existing Indoor Net Public Area (square, footage), including all Indoor pd Outdoor b. Net Public Area (square foot�yyq�e)1of the proposed outdoor dining area; �; � 3l� ID ua i aC3 {vr 4 T'D �w( 0f' i09 t 1. Previous Modifications, Use Permits, Variances, etc, cup St r. Fy IY >tion of Property Involved (if too long, attach. sepmue sb "�? l5t-nk 7, L3 <...k®.. A Nuaaor+6 OWNER'S AFFIDAVIT (I) e) L lr� fV Y depose and say that (I am) (we are) the owner(s) Zdthe property(ies) involved in this applicaion. (1) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signature($) NOTE: An agent may sign for the owner if written authorization from the record owner is filed with the application. DO NOT COMPLETE APPLICATION BELOW THIS 'LINE Date Filed Fee Pd. `6 RecelptNo. Hearing Date (b ~ (,A� Planning Director Appeal P.C. Hearing P.C. Action CC Hearing C.C. F: ��y51HLmNngl3nlcmU 'moYSbuWirk.ttm 0 e' "AG 00. SEE MA 4 5T m aA. y4 P R2 q ypy,A d q' v yQ pti r o- 6�r1 v9 `C C i SCALE OF FEET xao v 6P -6 I m SP -6 9 9r {1 SP -6 }m uP-6 1 SP -6 w m SP -6 SsT e � � a o w a e�o a .Qry1 o q �P�y�'6 s' n 4F s •9' L T. uS. Q' r0��\ P' q. Y 6 e§ z ` RC \\ P -C \ \y \\ NE VY P OR T \ d4q �J l DISTRICTING 1 V I A E 6P'_6 ,tu °9 tt Sp -4 SP -6 e 4 s «A\ SINGLE MMILT REFIDENTIAL SP - 6 ,1� 0 37 6 % ° p ^a \ h \\\ 2 GENERAL COMMERCIAL \ RC NANUFAOTURIN6 6 N Q J y p.4 r C \\ P -C � a•g a UNCLASSIFIED e�o a .Qry1 o q �P�y�'6 s' n 4F s •9' L T. uS. Q' r0��\ P' q. Y 6 e§ z ` RC \\ P -C \ \y \\ NE VY P OR T \ d4q �J l DISTRICTING 1 V I A E WPORT BEACH — CALI_FORNI ACRICULEURAL RES16ENIM R -0 MULTIPLE RESIDENTIAL SINGLE MMILT REFIDENTIAL 1 l c-1-1 L46NT ODNMERCIAL DUPLEX RESIDENTIAL 2 GENERAL COMMERCIAL RE9YR MULTIPLE FAN", NSCa4 , M -4 NANUFAOTURIN6 00HURNS DISTRICTS UNCLASSIFIED rI F E � t M. NO. me W. a. t F V� IVI GEM me 'i.+. ^^ LH < t 1 „ r• .ntp{t� _ 4 ` t A�+ • 4 ��J 1: . I!� g� e C 'Al UD ,mYlg' ;' ,rill LL ,R r • VJ.V� s 6 \ i p y 91 92 ADMINISTRATIVE SERVICES Revenue Divisi ®n Greg & Chris Pappas March 14, 2006 Woody's Wharf 2318 Newport Blvd Newport Beach, CA 92663 PERMIT TO CONDUCT LIVE ENTERTAINMENT The City of Newport Beach does hereby authorize live entertainment activities to be conducted at Woody's Wharf, 2318 Newport Blvd, Newport Beach, 92663 and must be posted at the location. This permit is issued to Greg & Chris Pappas and is not transferable to another location or individual. The approval of this permit is contingent on the compliance with the regulations for operation as defined by Newport Beach Municipal Code Section 5.28.041 and the following specific conditions: 1) The live entertainment and sound from it shall be limited and confined to the interior of the structure. 2) The outside deck may not be utilized after I1:00pm due to the confinement of live entertaimnent. 3) Dancing is prohibited. 4) Live entertainment shall be limited to no more than four musicians. 5) Comply with all conditions of the Use Permit. This permit may be revoked for any of the following reasons: 1) Failure to comply with the above stated conditions, 2) The permitee has ceased to meet the requirements for issuance of the permit, 2) The establishment has been operated in an illegal or disorderly manner or in violation of any of the regulations set forth in Section 5.28.04. 3) Music or noise from the establishment for which the permit was issued interferes with the peace and quietness.of the neighborhood. 4) The permittee or any person associated with him as principal or partner, or in a position or capacity involving total or partial control over the establishment for which this permit is issued, has been convicted. of a criminal offense involving moral turpitude. Approved by: Permit Conditi( c p Crty[vIail a� '`Police D'epartme,�nt�' 3300 Newport. Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -897.5 Telephone: (949) 644 -3141 • Fax: (949) 644 -3073 - www.city.newport:- beach.ca.us 93 94 i F ' ••• -• r-mm, MITO 2 •• ' 95 m , R ma» m� _, e 4 ,adMON °) )/ §ƒ { Ad n gu JH Ha &!On a XX / m §; )| () � ) §\ }) h -0 w%\ :§ /® ] � m } @ }) ( �i ()J � \ \ \� !) §§ / Mtn- 2 90!E ) §\ }) h -0 w%\ :§ /® ] � m } @ }) ( �i ()J � \ \ \� !) §§ 92 Attachment No. PC 1 City Correspondence dated August 13, 2010 and January 19, 2012 99 100 August 13, 2010 PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 (949) 644 -3200 FAX (949) 644 -3229 Greg Pappas and Mark Servanti c/o Woody's Wharf Restaurant 2318 Newport Blvd Newport Beach, CA 92663 Application No. Modification Permit Submittal Dated July 2, 2010 Subject 2318 Newport Blvd, Woody's Wharf Address Mr. Pappas and Mr Serventi, I wish to take this opportunity to thank you for meeting with me on August 9, 2010 to discuss the notice of incomplete filing for the modification permit application. As discussed, it has been determined that based on the plans presented, the solid roof structure (with partial retractable elements) in combination with the existing /proposed wind screen /walls would constitute an enclosure of the existing outdoor dining area. This enclosure is not consistent with the current outdoor dining permit and use permit approvals. Consequently, the enclosure is considered an expansion of the restaurant and requires the amendment of Use Permit 3065, in addition to the modification permit application. For those reasons, your application has been deemed incomplete. In our meeting, your options included covering the outdoor dining area with a solid roof structure with retractable elements, and opening (eliminate a majority of the windscreen enclosure) on at least two sides of the outdoor area so as to comply with the current outdoor dining permit and use permit approvals. Further we discussed a second option where you would create an all weather enclosure of the outdoor dining area that could be opened (retractable roof elements) at various times of day to restore the outdoor dining environment, generally during the spring and summer seasons. This all weather enclosure would also be utilized during inclement weather and the colder winter season. This option would require amending the existing use permit and abandoning the outdoor dining permit, since the outdoor dining area in combination with the roof and wind screens, would not be consistent with the conditions mplt. 11/23/09 101 of Chapter 20.82, Accessory Outdoor Dining Regulations of the Newport Beach Municipal Code. After we discussed these options, you stated you would contact me later in the week with a decision on how you planned to proceed. If it is not your intent to enclose the outdoor dining area with an all weather enclosure, please contact me or my assistant at the number below to schedule an appointment so that we can further discuss your proposal in its entirety. Your current application and filing fees will be held until you decide on your course of action or withdraw the current modification permit application. I look forward to meeting with you to discuss the options available for you to proceed with the addition of the solid roof structure (partially retractable) over the outdoor dining area. You may contact my assistant Ruby Garciamay, 949 - 644 -3201. Upon completion of the appropriate application, the application(s) will be processed and scheduled for a public hearing. I provided you with a copy of a recent police report that documented the fact that your outdoor dining /patio area had not ceased operation by 11:00 pm as required by your Outdoor Dining Permit Condition No. 3 and reminded you that unless and until any amendments are approved to your Outdoor Dining Permit and /or Use Permit, that you must comply with all of the conditions attached to these permits. Should you have any questions regarding submittal requirements, please contact me at 949 - 644 -3206. By: Javier S arcia AR 3.P, Senior Planner c: David Lepo, Planning Director Faysal Jurdi, Deputy Building Official Denis Bogle, Chief Building Inspector Suzanne Kusik, Senior Civil Engineer property owner Ralph Furra 1418 W Bay Avenue Newport Beach, CA 92661 contact Eric Mossman 2025 W Balboa Blvd Newport Beach, CA 92663 F: \Users \PLN\Shared\lpincic \2318 Newport Blvd \WOODYs Followup to meeting of Aug 9 -Letter 08 -13 -10 rev.docx Pajec�2 January 19, 2012 COMMUNITY DEVEL,OPMENI' DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644-3240 Fax. (9x49) 644.3229 r +jA1,aYC,e�h rYtlfa;A7c 8c i �'t1V;', NOTICE OF VIOLATION- FINAL WARNING Greg Pappas c/o Woody's Wharf 231E Newport Boulevard Newport Beach, CA 92663 Application No. Compliance of Use Permit No. 3065 (PA201 1 -055) Subject Address 2316 Newport Blvd, Woody's Wharf The matter of Woody's Wharfs violations of the Newport Beach Municipal Code ( "NBMC "), Use Permit No. 3065 and Outdoor Dining Permit No, 1 and attempts to resolve these issues has now been on -going almost two years. The original citation (No. 12010- 0052A) was issued on January 20, 2010, This citation was issued for violating Condition of Approval No. 3 of Outdoor Dining Permit No, 1. The condition states, "That the use of the outdoor patio shall cease at 11:00 p.m." Your attorney filed a timely request for an administrative hearing. On February 9, 2010, the City's Planning Department issues a memorandum which provides the entitlement history for Woody's Wharf and the details restricting the use, area and operating hours of the subject exterior dining area. A copy of this memorandum was provided to your attorney. It was then agreed that it was in both parties best interest to engage in settlement discussions regarding the violation and use of the exterior deck /patio at Woody's Wharf in order to attempt to reach a long term solution. (See the enclosed letter dated February 19, 2010, from Deputy City Attorney Kyle E. Rowen to your attorney, Roger Jon Diamond). When we initially met to discuss this issue, it was decided that Woody's Wharf would submit the necessary applications to seek amendments to the above referenced permits and also perform various related physical improvements. On July 2, 2010, an application for a modification permit (PA2010 -151) was submitted for the installation of a patio cover that would encroach into the 10 foot water side setback. At that time, you were notified that the project, as proposed, would require an amendment to the use permit to allow for the proposed enclosure of the patio. On September 25, 2010, Woody's Wharf was issued another administrative citation (No, ADM 22651) for a violation of Newport Beach Municipal Code section 5.32.020 (No iO3 Cafe Dance Permit]. Your attorney timely filed an appeal of this administrative citation. Additionally, Woody's Wharf also filed an application for a Cafe Dance Permit. A further meeting was then held on October 18, 2010 to discuss all of the above referenced issues. During this meeting, a general agreement was reached that was summarized by Deputy City Attorney Kyle E. Rowen in a letter dated October 19, 2010 to your attorney, Roger Jon Diamond. On November 24, 2010 an application for building permit was submitted to the City for the construction of a solid roof structure proposed to encroach into the 10 foot waterfront setback. Following review by City staff, a Plan Check correction sheet was issued, These 1'I,an Check corrections included the requirement to file an application for a Modification Permit for the setback encroachment and parcel map or a lot merger requirement. The combining of lots is required by the current Zoning Code and the Subdivision Code.. The current conditions of approval of Use Permit No, 3065 specifi4 :l such combining of lots requirement when the construction exceeded the Zoning Code specified dollar amount for any subsequent construction to cross the existing interior property line. On March 23, 2011, an application to amend Use Permit No. 3065 was received by the City. In processing this application, the City discovered that it does not contain the necessary authorizations, as it lacks the property owner's signature. Additionally, the application lacked a specific list of proposed the conditions of approval or operational changes. Staff discussed with your representative the application submittal and requested that property owner authorization be obtained and submitted along with detailed information on the proposed changes to the conditions of approval, and the operational characteristics of the restaurant. On April 5, 2011, the application was deemed incomplete and a Notice of Incomplete Filing was mailed to the applicant, property owner and the business owner. On July 19, 2011, the City issued Woody's Wharf a Notice of Violation regarding dancing activities at your facility, an unauthorized activity in violation of Use Permit No. 3065 and the NBMC. We subsequently met on August 10, 2011 and on September 16, 2011, to discuss the use permit application and the conditions of approval, specifically the unauthorized activity of dancing, the hours of operation, and use of the patio and the noise generated thereby. At each of these meetings, you were again reminded that the City also needed you to obtain authorization from the property owner prior to processing your application and that without the property owner's authorization; your application would be deemed incomplete. The City has been patiently waiting for Woody's Wharf to submit a complete application. To date, the application remains incomplete as you have been unable to provide the City with any evidence showing the property owner's authorization. The City's agreement to hold in abeyance the administrative hearing was made with the understanding that Woody's Wharf would diligently work to submit a complete application to amended its use permit. As it has been almost two years since this issue iD�f began, it does not appear that Woody's Wharf is diligently pursuing an amendment to its use permit. In the mean time, the City continues to receive complaints about noise and use of the patio past 11:00 p.m.; and the City has also received noise complaints related to activities associated with the commercial dock and during late hours of thu evening. You have been previously advised that the current use permit does not authorize dancing activity in conjunction with the restaurant, and that the outdoor dining permit limits the hours of operation of the outdoor dining area to 11:00 p.m. You have also been advised that Code Enforcement action would resume unless you cease all activities that are not in compliance with the current permits and approvals. Woody's Wharf is hereby directed to immediately comply with all current permits and approvals. This includes, but is not limited to, the 1.1:00 p.m. closing hour for the patio and discontinuation of the unauthorized dancing activities, to name but two of the specific violations. Code enforcement action will ensue if violations continue to occur. Further, this letter serves as notice that unless authorization is received within 10 days of the date of this letter, the application will be closed as incomplete without the City having taken any action. Any monies not encumbered by the City's activity in the processing of the application will be refunded to you. Should you have any questions regarding submittal requirements, please contact me at 949- 644 -3206. Javier S Garcia, `• ICP Senior Planner Attachments: Letter Dated February 19, 2010 Letter Dated October 19, 2010 property owner contact Ralph Furra MPA, Inc. 1418 W Bay Avenue Attn: Martin Potts Newport Beach, CA 92661 4041 MacArthur Boulevard, Ste 376 Newport Beach, CA 92660 CC: Kyle Rowen, Deputy City Attorney Matt Cosylion, Code Enforcement Supervisor 105 100 Attachment 0 PC 11 Report and Recommendations from the Police Department and the Fire Department 107 102 City of Newport Beach Police Department a v? September 20, 2012 TO: Javier Garcia, Senior Planner FROM: Detective Brian Haas SUBJECT. Woody's Wharf, 2318 Newport Blvd. UP 2011 -010 (PA2011 -055). At your request, the Police Department has reviewed the project application for Woody's Wharf located at 2318 Newport Blvd, Newport Beach. Per the Project Description, the proposal is to allow the following changes in the operational characteristics of the existing restaurant in conjunction with the combining of the existing use permit and outdoor dining permit approvals: (1) Introduction of dancing within the interior of the facility and the addition of a dance floor area, and (2) Increase in the closing hour of use of the outdoor dining area from 11:00 p.m. to 2:00 a.m. to coincide with the closing hours of the restaurant. The request will also address changes to and the elimination of conditions of approval that are duplicative and /or no longer applicable or to clarify the intent or purpose. The applicant currently has a Type 47 (General — Eating Place) license with the Department of Alcoholic Beverage Control. I have included a report by Crime Analyst Caroline Staub that provides detailed statistical information related to calls for service in and around the applicant's place of business. This report indicates that this location is within an area where the number of crimes is at least 389% higher than the average of all reporting districts in the City. This location is within an RD that has 72 ABC licenses, which equals a per capita ratio of one license for every 31 residents. Additionally, this location is within an RD that is over the Orange County per capita average of ABC licenses. Applicant Mistory Woody's Wharf has operated from their current location since the 1960's and offers a unique eating and drinking experience from a waterfront location facing the Newport Bay. Woody's Wharf once operated as a boat repair shop for local fisherman but continues to offer its patrons a traditional seaside village theme consistent with the traditions of Newport Beach. The current owners are a group of friends that have known each other for over 25 years. 109 Woody's What£ UP 2011 -010 (PA 2011 -055) By all accounts, Woody's Wharf is a quality eating and drinking establishment that compliments the community of Newport Beach. It should be noted, however, that Woody's Wharf has generated numerous citizen complaints over the last several years reference the music and the crowd noise on the patio, Despite being made aware of the complaints, Woody's Wharf has exhibited a blatant pattern of violations related to the use of the outdoor patio after hours. Condition of Approval No. 3 of Outdoor Dining Permit No. 1 states: "That the use of the outdoor patio shall cease at 11 :00 p.m." On October 12, 2010, NBPD Detective Bryan Moore prepared a memorandum in response to a request by Woody's Wharf to obtain a Cafe Dance Permit. His memorandum included the following information: `7t should also be noted that in November of 2009, the Police Department began receiving noise complaints (from nearby residents) reference the music and crowd noise on the outdoor patio of Woody's Wharf. Upon review of the use permit, the Planning Department determined that the outdoor patio was to be closed by 11 :00 p.m. On 1112012009, members of the Police Department and Planning Department met with the owners of Woody's Wharf to advise them of the complaints as well as the hours of operation for the outdoor patio. Since that time, the Police Department has conducted four separate Investigations which concluded that Woody's Wharf continued to violate the condition pertaining to the hours of operation for the outdoor patio. Additionally, other violations were observed including overcrowding, service of alcoholic beverages outside the licensed area and allowing dancing without a dance permit." On January 19, 2012, Senior Planner Javier Garcia sent Woody's Wharf a "Notice of Violation -Final Warning" letter directing Woody's Wharf to comply with all current permits and approvals, including the 11:00 p.m. closing hour for the patio. On 3/29/2012, a uniformed Newport Beach Police Officer conducted a bar check at Woody's Wharf at 2300 hours and observed the patio area to be open and was being utilized by approximately 70 patrons. The officer completed a report documenting his observations (DR# 12- 2481). On 5/10/2012, a meeting was held between owners of Woody's Wharf and representatives of various City departments, including Police, Planning and the City Attorney's office. One of the topics discussed was the issue related to the use of the outdoor patio. 2 110 Woody's Wharf UP 2011 -010 (PA 2011 -055) On June 1, 2012, Newport Beach Police Officers conducted a bar check at Woody's Wharf at 0030 hours and observed the patio area to be open and was being utilized by approximately 50 patrons. One of the officers completed a report documenting his observations (DR# 12- 4401). Since June 2, 2012, the Police Department has received nine (9) noise complaints in addition to those listed above from citizens reference the noise created by the use of the patio after hours at Woody's Wharf. Between September 11, 2010 and September 11, 2012, 131 calls for service to Woody's Wharf have come in to the Police Department. The below information represents a portion of those calls which are pertinent to the application: 0 9 calls for service from citizens regarding patio usage since 6/2/2012 0 6 calls for service related to possible drunk drivers 0 24 calls for service related to fights /assaults 0 15 calls for service related to misc. disturbances 0 17 calls for service related to over - intoxicated persons 0 1 call for service related to noise *The above information is a cursory look at calls for service. The individual details of each event have not been investigated. This information indicates that a significant amount of police resources were utilized to address incidents related to Woody's Wharf over the past two years. Recommendations The Police Department has some significant concerns about the proposed changes in the operational characteristics at Woody's Wharf. Despite previous violations, Woody's Wharf has continued to display a disregard for the requirement that they close the outdoor patio at 11:00 pm. The Police Department feels that an increase in the closing hour of the outdoor patio from 11:00 p.m. to 2:00 a.m. will have a significant impact on noise with regard to the nearby residential areas. Additionally, despite the applicant's best intentions, we know based on our local history that the combination of live entertainment and dancing often lead to a nightclub type business model; especially after 10 p.m. Even with stringent conditions in place it has been our experience (with past and present establishments) that these types of operations can become a drain on police resources and ultimately have a negative impact on the health, safety and welfare of the community. 3 111 Woody's Wharf UP 2011 -010 (PA 2011 -055) The Police Department understands that there are several other contributing factors to the noise associated with a restaurant/bar setting which include: increased vehicular traffic, patrons talking loudly outside the premise and other crimes /disturbances associated with alcoholic beverage consumption. The Police Department is also aware that the Commonwealth Lounge, which is adjacent to Woody's Wharf, is a contributing factor to the noise complaints generated by nearby residents. It should be noted that the Police Department has also received fourteen (14) calls for service from citizens regarding loud music coming from the Commonwealth Lounge that required action from the Police Department. It is for the above reasons that we are projecting that the applicant's proposal will result in an increase in police related activities and calls for police services. The resources required to address these events would detract from our ability to provide police services to the other areas of the community and therefore, we cannot recommend this application for approval. Should this application be approved, the Police Department recommends the following conditions: Signs and Displays Any signs or displays would need to conform to City requirements. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Hours of Operation The Police Department has no recommendations. Security The applicant shall provide licensed security personnel while offering live entertainment. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the use permit. Employee Training Require all owners, managers, and employees selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Additional Comments For the purposes of this application, staff may also want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit 4 112 Woolly's Wharf UP 2011 -010 (PA 2011 -055) may be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. For example, events likely to attract large crowds, events for which an admission fee is charged, events that include any form of contract promoters, or any other activities as specified in the Newport Beach Municipal Code to require such permits. Other Recommended Conditions In addition, the Police Department has determined that the following conditions would be appropriate for the Conditional Use Permit for the business; Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 2. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 4. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover- charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 5. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. There shall be no on -site radio, television, video, film or other electronic media broadcasts, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 7. Strict adherence to maximum occupancy limits is required. 8. Bottle service shall be prohibited. 9. The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 11S Woody's Wharf UP 2011 -010 (PA 2011 -055) ,10.VIP passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order, or sale of drinks is prohibited. If you have any questions D tective Brian Haas Vice/Intelligence/ABC please contact me at (949) 644 -3709. Dale John on, Captain Detective Division Commander 6 114 - - -7'_ %¢i xtM v o ti o ry m -p a CL M Omp r. ME IN- 7 o O y0 w Q � � �^�.,,., N �, t tb cfl to Ya ❑ m @. Mg 1-1 MV au 00 r3 oj efd ry m E €n ® t'ni ice., t- n M N 1p cp 3f1 W se lau H 41 ro m G���777 r o' o ff- o m 'C mow ,®> 0 o E v o Q° c m 0 `i W � p` a' aH0 SJ ✓ N � ao - i� � � M � o � y 5 Q O ON Q, .0 ig m > s 4 v o 't '• o a in ao n> J pG , LI. u tX1 -q 4, N MEN C Q 7 to m ao o a a �lM1�L k'�•ti', !i jg,�: 4i14 5�i Newport Beach Fire Department Fire Prevention Division 3300 Newport Blvd. Newport beach, CA 92663 (949) 644 -31 06 Planning Commission Project Review Conditions for Approval DATE: September 19, 2012 PROJECT LOCATION: 2318 Newport Blvd, Conditions: 1. Show dance floor area on plan with proposed occupant load. Occupant load for the dance floor must be calculated into the occupant load for the building.\ 2. Provide the proposed occupant load for each room. Show justification of proposed occupant load increase. 3. Provide an exit analysis from all areas with proposed occupant load increases. 4. Depending on the proposed occupant increase, fire sprinklers may be required, 110 Attachment No. PC 1 Letters and Correspondence in Opposition to the Application Request 117 112 From: laithezzet @aol.com Sent: Monday, October 01, 2012 4:47 PM To: Garcia, Jay Subject: Woody'sWharf Noise Violations Hello Jay: As a resident of the 28th Street Marina, I am EXTREMELY OPPOSED to the proposed extension of the outdoor patio hours at Woody's Wharf past 11:00 PM. I have lived at the 28th Marina for 20 years and I previously served on the Board of Directors for 10 years. We have suffered ongoing noise violations from Woody's Wharf during that time. I have called the police repeatedly over the years, with little help. We have also met with Woody's management in the past, and while they say all the right things, their actions differ from their words and they are in complete violation of the existing permit by allowing the patio to remain open until past 1:00 AM. They have complete disregard for their neighbors. Woody's becomes a nightclub at about 11:00 PM on the weekends and the noise is extreme. When the police do show up, Woody's will sometimes briefly turn down the music, and then turn it up again after the police leave. We cannot sleep at night because of the noise from Woody's, and often have to relocate from the bedroom to another room in the house in order to sleep. It is not reasonable that we should be unable to sleep in our bedroom because of Woody's noise. The noise is a problem both from the crowd on the outdoor patio, and from the music blaring inside the nightclub from disc jockey. We also routinely have drunks from Woody's park in our underground parking garage to walk to Woody's. PLEASE do not legalize Woody's existing illegal behavior by extending the patio hours, it will result in even more problems for us and create a worse nightmare for all of our neighbors. Laith Ezzet 28th Street Marina 2700 Newport. Blvd. Newport Beach, CA 92663 1�9 Garcia, Ja From: K. Stoddard ikstoddard1 @roadrunner.comj Sent: Monday, October 01, 2012 5:13 PM "` To: Garcia, Jay Subject: FW: Noise from Woody's Wharf Mr. Garcia and Members of the Planning Commission: I've been a resident at the 28th Street Marina at 2700 Newport Blvd for almost 20 years. I'm also retired from the Newport Beach Police Department. I was with NBPD for over 30 years and I retired as a Sergeant. I am extremely opposed to the extension of Woody's patio hours past the currently required closing time of 11 PM. I am also opposed to allowing dancing there and to increasing the occupancy level. Although my home is approximately 550 feet north of Woody's up the Rhine Channel, I have a direct line of sight to Woody's patio. The patio is a virtual amphitheater with walls on three sides and it is open to the Bay. As such, the noise is projected out onto the water and it then travels over water, unobstructed, to my home. We are often awakened by Woody's music and the "crowd roar" from their patio. In order to sleep, we must close all our double pane windows and turn on a fan or our air conditioning. We shouldn't have to do this. Even then we can often still hear their noise. Woody's freely admits that it does not stop using its patio at 11 PM as Outdoor Dining Permit Condition 3 requires. At approximately 10:30 PM on most nights Woody's stops serving food and it removes the tables and chairs from the patio and rolls out a portable bar. The location then becomes a nightclub and the patio becomes an outdoor extension of the bar where patrons crowd in often shoulder to shoulder. Woody's also routinely violates Condition 6 that states that the noise from their live entertainment must be confined to the interior of their building. I have met with Woody's management. They are always cordial and they always say the right things but then they continue operating in violation of the conditions of their permits and continue disturbing residents blocks away. I have called the police many times and the noise then usually drops to a level where we can sleep. But then the very next night, Woody's is again right back to using their patio past 11 PM and creating unreasonable levels of noise. Granting this new application would be to reward Woody's for their years of flagrant permit violations and for years of thumbing their nose at the City and at nearby residents. Further, granting the application will not stop the unreasonable noise. It will still be unreasonable and it will continue to be a violation of Disturbing the Peace under Section 415 of the California Penal Code requiring that we continue to call the police. This is a waste of police resources. Please do not legalize Woody's current illegal behavior but instead enforce the current permit conditions. Kent Stoddard 1 120 28th Street Marina 1-10A 2700 Newport Blvd. Newport Beach, CA 92663 c. 121 Garcia, Jay From: tommy durant [tommy_durant @yahoo.com] Sent: Tuesday, October 02, 2012 1:30 PM To: Garcia, Jay Subject: woody's wharf permit Dear Mr. Garcia; I hope this email finds you in good health! I am the owner of 2700 Newport Blvd., #327, and have been for the last 18 years. I am very concerned on what has gone on in our neighborhood, and am more concerned with the application by Woody's Wharf that is being dealt with within your department. When I bought my home 18 years ago, I bought with the understanding of being in a multi use project, with certain existing codes being in place to allow for a mutually acceptable co- existence of residents and businesses. Now, there seems to be a proposed change in that. Woody's has not abided by the code regulations, as is evident by the number of police complaints that have been lodged against them over the years, with an ever increasing amount in escalation of these same type of code violation complaints. I suggest, without Woody's knowledge, you spending several weekends evenings at our project to better understand what we have all been having to deal withfor such a long time as I think this will allow for a better understanding of what we are complaining about.It is a shame that we have to lock our windows and patio doors to be able to carry on a 2 party conversation with someone so that we can hear each other. I am a businessman, and totally understand the importance of successful businesses in our communities. However, this is an intolerable situation and cannot be allowed to move forward, but rather should have timely enforcements of its existing provinsions which are never repected by Woody;s. Woody's does not adhere to the existing ones in place, and have had no adverse consequences to them, so why should they be totally taken off the books removing any legitimate grievance channels we homeowners who are so negatively affected by this. I thank you for your time, and trust fully in your decision to enforce and continue to enforce the regulations that are in place and not to remove what little safegaurds we have in this matter. I intend to speak at the upcoming hearing to make my wishes known. Thanking you in advance, Tom J. Durant Jr �4 } 6 V 1-22 From: Leslie Halloran [dlhalloran @yahoo.comj Sent: Thursday, October 04, 2012 4:01 PM To: Garcia, Jay Subject: Amendment to Conditional Use Permit Jay, I reside at the 28th Street Marina currently after first coming to the Balboa Peninsula in 1943. I have witnessed the changes over the years and salute the city's forward thinking in designating areas for mixed use living. I enjoy the ability to walk to any place on the Peninsula. be it church, yacht club, food venue or beach. A fine line exists when commercial and residential agree to coexist in the same buildings and area. The city recognizes this and ensures that city codes and rules are promulgated to keep peace and harmony in the area. In determining where to live, a prudent person ascertains rules and regulations, observes traffic and noise, and weighs the pluses and minuses of mixed use living. Ten years ago, my wife and I did this and have been very pleased with minor exceptions. One of the minor exceptions is the noise that comes from restaurants and clubs in the 2500 block of Newport Boulevard. Late night noise, comes directly down the street and waterway, and even bounces off buildings directly in to my sleeping area. 1 have witnessed the source of the noise, by physically entering Woody's and The Commonwealth after 11:00 in the evening. Woody's in particular constantly uses their patio after 11:00 and has an active dance floor also. These are both violations of their Conditional Use Permit, and I know they have been cited, and they have chosen to be scofflaws, instead of good neighbors. I strongly urge the city to enforce the current restrictions, and not allow operating hours to be extended, especially in light of their disrespect of current regulations. While there is currently empty property to the South of Woody's, soon their will be additional mixed use residential sites and the city needs to insure that full disclosure is given to any potential buyer in Newport Bay Marina. Stop scofflaws now and in the future. Sincerely, Dennis Halloran 12.3 From: Amalda Rossi [amalda @me.com] Sent: Saturday, October 06, 2012 1:00 PM To: Garcia, Jay Subject: Noise abatement re Woody's Wharf and El Ranchito We have put up with the noise coming from surrounding Bars /Restaurants, but extending the hours, outdoor dancing and live entertainment would just extend the amount of noise emitted from these establishments. We live in the 2600 Newport Blvd., Condos and agree with the Planning Department, We object to the requested changes. Amalda Rossi 2600 Newport Blvd., #k212 ?itY 1 124 Garcia, Jay From: Thomas Macedo [tmacedo @me.com] Sent: Saturday, October 06, 2012 1:18 PM To: Garcia, Jay Subject: Woody's Wharf - outdoor patio extension request Attn: Jay Garcia I live at 2700 Newport Blvd. # 321 in the 28th street marina complex. I strongly object to the pending request by Woody's wharf to extend their outdoor patio hours from 11 pm to 2 am. The noise from this establishment is often excessive and negatively impacts the residents in the surrounding area. Adding three hours to their existing permit will only increase the noise levels after 11:00 pin. Thank you for your attention to my concern. Thomas A. Macedo 1 125 From: Helene Taylor (helenejtaylor @gmail.comj Sent: Sunday, October 07, 2012 11:06 AM To: Garcia, Jay; Locey, Mary Subject: local outdoor drinking permits To: Att: Jay Garcia - Senior Planning Dept. Mgr. City of Newport Beach Planning Department 3300 Newport Blvd. Newport Beach, CA 92663 949 - 644 -3206 Mr. Garcia, My name is Helene Taylor. My husband, Bob and I have lived here at 2700 Newport Blvd., Unit #322 for nearly 18 years. We are adamantly opposed to your consideration of extending outdoor drinking at Woody's Wharf and any other drinking establishment or for that matter, any new drug rehab clinics in the neighborhood! My husband of 21 years is recovering from a stroke and now I am the sole earner for this family. We strongly oppose anything that brings more drugs, drinking and noise to our neighborhood. When we moved here in 1994 the neighborhood was wonderful, local restaurants and bars were not noisy like they are now. Late night partying, loud drunks, it is terrible! Have you ever been down here after midnight on a weekend ?!? I have not complained to anyone until now, as I had understood that our association was working on this problem. 1 know that some have called the police in the past with some success, now I am told that it does no good! ?! Our unit sits on the far southeast corner of the 2700 building. The loud partying from boats at Woody's is tolerable during the day as this is a beautiful spot for boating & recreation. We enjoy the view. Now I am caring for my husband's stroke recovery on my own. He spends every night in our bedroom which is on the southeast corner of the building. I am writing this letter mostly on his behalf as he can't move into another room to escape the loud noise. It is generally not bad until around 11:30 & later & then he is awoken with nightmares early in the morning & can't understand why everything has changed so much, why Hooters has turned into a nightclub(Commonwealth), why Woody's is now a nightclub. El Ranchito is not so bad anymore, but the loud yelling of drunks travels across the water from Woody's & Commonwealth right into our bedroom! We have supported this neighborhood, paid more than our share in taxes, and are not going anywhere. If you would like to speak with me personally please call me at 949 - 675 -5361 or 760 -831 -1162. The later is my cell & I always answer it, Please call me to discuss anytime. I will be glad to tell you how bad this neighborhood has become because of all misuse of what used to be good business neighbors. PLEASE Mr.Garcia, Jay, DO NOT pass any new licenses or allowances for extended hours of bars that are already abusing their original uses!!! Sincerely, Bob and Helene Taylor 2700 Newport Boulevard, #322 Unit #322 Newport Beach, CA 92663 r�fS x � YY, y 120 From: Helene Taylor [helenejtaylor @g mail. com] Sent: Sunday, October 07, 2012 11:16 AM To: Garcia, Jay; Locey, Mary Subject: outdoor extended bar hours Dear Mr Garcia, I am Helene Taylor's brother, Norm Meyers. I live here nine months out of the year. I am formally opposed to the outdoor drinking extensions that the city is purportedly accommodating) My bedroom sits on the corner of 28th street & Newport Blvd and I can tell you that my sister is completely sincere in that the noise and disturbances that have ignited since the owners of Woody's changed hands several years ago. My biggest problem was El Ranchito's on Tuesday nights. Now the noise from the harbor is horrible as she states in her letter. She and Bob have worked too hard all their lives to have to endure this nonsense! Please do not allow this to happen. I walk the neighborhood daily. Everything is better, new residences in Cannery Village. We eat at the Cannery and many other local establishments weekly. But at night after 10pm, especially on weekends, this neighborhood turns into a huge dirty saloon, much like Bourbon Street in New Orleans, a toilet, replete with loud drunks, loud boats docked at Woody's. Overnight boat use is prohibited at the marina here, We would not have spent the big price of this 1800 sq ft. Condominium if boats were allowed overnight use here at the 28th Street Marina. I served in the Navy, I do not need a boat. Our neighbors downstairs are mostly lawyers and boat brokers. They never bother us. We, just like many have decided to pay the price, as many are doing to make this our permanent residence. I have noticed the beautification of the neighborhood as both a place to live as well as do business, however, these restaurants and watering holes used to be just that, local friendly, successful businesses /places that we can frequent, take our family and friends when they visit, etc. At night we are being taken advantage of and you and the city need to take heed of this once and for all and take this matter seriously Mr. Jay Garcia! Do not disrespect those of us that have made this our homes for the remainder of our lives. I worked 30 years busting my ass at the Chicago Board of Trade, you need to think about this before you make a mistake that can not be easily changed. If they want to operate a nightclub here on the Balboa Peninsula (a place known for safe beaches, great restaurants and tourism -Not Loud young Drunks) let them go to the cost of building a large, safe enclosure for this intention, clearly they are making $$$Bank by violating their alcohol licenses. I understand that they pay taxes on this revenue, but, abuse is abuse. It is ultimately the city's decision which direction you take. Take the correct action, Do not ruin this beautiful area on the peninsula! Not just for the residents here at 28th street, but the whole neighborhood! Thank you for your anticipation of a rejection of these proposed extended outdoor party /drinking laws. The City of Newport Beach can get revenues from far more respectable, considerate businesses. The Avila's, the Commonwealth's, the owners of Woody's (which is now also in Solana Beach) can clearly afford to stay in business without breaking the law. Sincerely, Norm Meyers Unit #323 28th Street Marina 92663 tt� vo 1-27 Garcia, Jay From: Tom Redmon [tom @tomredmon.com] Sent: Monday, October 08, 2012 9:29 AM To: Garcia, Jay Subject: Please do not pass any new licenses or allowances for extended hours of bars that are already abusing their original permits! City of Newport Beach Planning Department Att: Mr. Jay Garcia ig_arcia@newportbeachea.gov 3300 Newport Blvd. Newport Beach, CA 92663 949 - 644 -3206 October 7th, 2012 Mr. Garcia and Members of the Newport Beach Planning Commission: I have lived here at 2700 Newport Blvd., Unit #220 for nearly nine years. I am extremely opposed to your consideration of extending outdoor drinking at Woody's Wharf and the Commonwealth directly next to it on the water. Our unit sits right off of Newport Blvd and still we hear lot's of noise from Woody's Wharf and Commonwealth. Just in the last several years we have experienced a huge increase in noise from these establishments. Every weekend night we also see and hear more young people loitering in our courtyard between our buildings. Litter, alcohol, broken glass, it is a shame. We have children and are more than a little concerned at this point! I work long days for my business. Spending the weekends in peace with my family is what I look forward to the most and the noise and disturbances have gotten worse every year since Woody's was sold to new owners. We had no problems before that. The noise from the bar nightclub next door is also very bad. I have walked down the street at night and they have full parking lots, valet parking and often large lines. Both of these so- called "restaurants" are nearly empty everyday, however, packed every weekend night. It should be of the city's concern if they are violating occupancy laws as well. We are tired from being awakened by the music and crowd noises every weekend. We are tired of finding trash and broken glass on our steps, garages and courtyards. Calling the police repeatedly on one night and the very next morning does absolutely nothing! The police are dispatched, arrive at Woody's or Conmronwealth, they turn down the music and as little as ten minutes later they turn up the music again. This is not only a waste of my time, but moreover, a tremendous waste of valuable Police resources! Please do not pass any new licenses or allowances for extended hours of bars that are already abusing their original permits! Sincerely, i •t . 122 Tom Redmon 2700 Newport Boulevard, #322 Newport Beach, CA 92663 1:�9 �4'•� � it 1:�9 Garcia, Ja From: wernlove @aol.com Sent: Monday, October 08, 2012 1:57 PM To: Garcia, Jay Subject: Noise Disturbance from Woody's Dear Mr. Garcia, My wife and I are residents of the 28th Street Marina. The location of our unit is on the 2600 side, the closest to Woody's Wharf and Commonwealth. Due to circumstances we have our grandchildren living with us most of the time. Being on the water, we would love to keep our windows and doors open. Unfortunately we cannot due this in the evening due to the loud music, which we actually can feel the vibration from this in our unit. This disturbance keeps all of us from falling asleep. They also allow boats tied to their slips to party all hours. On many occasions, over the last 20 years we have called the Shore Patrol to try and help us rectify the situation. We have also called the Police. The loud music comes from Woody's until 2:00am and then they congregate in the parking lot. Hopefully there should be someway to enforce the 11 pm Closer Law. Thank you so much for anything you can do to help us in this matter. Sincerely, Norman and Reva Einhorn 'iA..f3li �.r 1 .130 LAW OFFICES OF DENVER R. ANDREWS, JR. Professional COrpomfion 9210 Irvine Center Drive Tel: (949) 333 -3416 Louie, California 92618 Fax: (949) 640 -8294 Uenver &ran,hemslam.coln �L�h�IVED 3F October 17, 2012 coMUNITY Michael Toerge OCT 3.9 2012 Planning Commission City of Newport Beach DEVELOPMENT`yG; 3300 Newport Boulevard, Bldg. C 0r NEwPoF' Newport Beach, CA 92663 Re: Use Permit 3065 and Outdoor Dining Permit No. 1; November 8, 2012 Public Hearing on Request for Amendment Dear Mr. Toerge: I am legal counsel to Tract 14025 Association, known as 28th Street Marina Association ( "Marina Association "), the homeowners association for a residential condominium community in Newport Beach since 1990. This letter is intended to inform the Planning Commission of the Marina Association's objection to an application by Woody's Wharf for amendment to Use Permit Number 3065 ( "Permit 3065 ") and to Outdoor Dining Permit No. 1 ( "OD1 "), and to what appears to be a request to change conditions 1 through 5 of the Live Entertainment Permit. Particularly, the applicant seeks an amendment that would permit the expanded use of its outdoor facilities beyond 11:00 PM. Woody's Wharf operates a restaurant and bar with live entertainment and dancing. It is located less than three hundred feet from the 28'h Street Marina community, which is between 26" Street and 281h Street.' Both properties are on the east side of Newport Boulevard and front on the Rhine Channel. Woody's Wharf is'required to operate in accordance with the conditions of Permit 3065 and OD1 and a Live Entertainment Permit. The use conditions in these permits are clearly intended substantially to mitigate the disturbance of residents in the mixed use neighborhood from noise from the establishment, which travels far and wide in the area. The Marina Association's homeowner members and residents have relied on these conditions in making their residential and investment decisions, and the comfort of their homes depend on their continuation and enforcement. Hw ing been subject to similar a condition in Permit 3065 since 1988, Woody's Wharf was granted OD 1 in 1995 under the condition that the use of the establish'ment's outdoor patio cease at 11:00 p.m. Even with the conditions in Permit 3065 and OD1, the Marina Association's homeowners have had to contact Code Enforcement and the Police Department repeatedly to have the conditions upheld. In recent years Woody's Wharf's business plan appears to have changed, with more emphasis on its operation as a night club in the late night hours. Dinner service is virtually stopped. Tables and chairs are moved to allow more room to congregate on the deck/patio with bar service. Doors separating the inside of the establishment from the outside deck/patio are ineffective in limiting noise due to constant traffic through them. In addition, Woody's Wharf continually violates the conditions of the Permits with loud music, loud patrons on the deck/patio after 11 p. m., loud patrons exiting the o y., „ ,y 131 Michael Toerge October 17, 2012 Page 2 establishment as well as loud parties on boats tied to their slips, and over crowding of the facilities. The Marina Association's residents have been forced to shut windows and doors and turn on air conditioning and sound machines in an effort to reduce the noise from the late night after hours commotion at this venue. Why should they have to do this? The homeowners in the Marina Association understand that they live in a mixed use area, and they embrace that fact. They understand not only their right to live, work and shop in the area, but also a local business' right to reasonably operate. "Mixed use," however, does not equate with a strictly commercial use. Rather, it contemplates a mutual respect by businesses and homeowners. The information supplied in the August 21, 2012 letter to you from MPA, Inc. regarding the "Findings and Justification for Request for a Change in Use Permit 3065..." are misleading and disingenuous. Contrary to the letter's promotion of the establishment's operating characteristics, particularly with respect to their outdoor facilities, they are neither compatible with the vicinity, nor have they been granted to Woody's Wharf previously by the City of Newport Beach. To the contrary, the applicant has not operated "in compliance with the current City- pe,:niiteu use restrictions. The enclosed copy of Planning Department Memorandum to Matt Cosylion, Code Enforcement, from Jaime Murillo, Associate Planner, regarding Woody' Wharf — Use of Exterior Deck/Patio, dated February 10, 2010, presents a striking contrast between the image of the establishment touted by the applicant and historical reality, The Memorandum was prepared following an appeal by Woody's Wharf to a citation it had been issued on January 20, 2010 for violating Condition No. 3 of OD1, requiring use of the outdoor patio to cease at 11:00 p.m, It provided "the entitlement history for Woody's Wharf and details restricting the use, area, and hours of the subject exterior deck/patio." Noting, "that the term 'deck' and 'patio' have been used interchangeably over time to describe the same exterior area permitted for dining and drinking purposes, Mr. Murillo explained that, since the Planning Commission's approval of Permit 3065 in 1983, Woody's Wharf's use of its outdoor patio /deck area has been subject to the same restrictions for which it is again seeking approval, He pointed out that the Commission expressed "concern regarding compliance with existing conditions of approval and the potential for the control of noise on the exterior deck" when it approved OD1 on October 4, 1995....." Mr. Murillo's went on to summarize his meetings in 2007 and 2009 with the owners of Woody's Wharf regarding the conditions on the use and hours of operation of the exterior deck /patio. He concluded by stating, "At that (November 29, 2009) meeting, it was made clear and all parties in attendance understood that the use of the exterior deck /patio shall cease at 11:00 p.m. pursuant to the conditions of OD1... It was also made clear to the owners that should they continue to violate their conditions of approval, they would be subject to citations." In a Notice of Violation — Final Warning letter by Deputy Planner, Javier S. Garcia, of January 19,.2012 to Wreody's Wha f, ro'ably addiessed to one of the individuals who participated in the 2007 and 2009 meetings with Mr. Murillo, Mr. Garcia identified, in addition to the January 20, 2010 citation referred to above, an administrative citation (No. ADM 22651) issued to Woody's Wharf on September 25, 2010 for violation of Newport Beach Municipal Code section 5.32.020, and another Notice of Violation issued on July 19, 2011 regarding dancing activities at the facility in violation of Permit 3065, He also pointed out complaints that the City continues to receive about noise and the use of the patio past 11:00 p.m. A copy of the letter is enclosed. Contrary to MPA's assertions in its August 21, 2012 letter to you in support of the present Permit Application, the proposed operation of Woody's Wharf would be extremely detrimental to the harmonious and orderly growth of the area and hazardous to the general welfare of persons 2S2 Michael Toerge October 17, 2012 Page 3 residing in the neighborhood, including the homeowner residents of 28`h Street Marina Association. Woody's Wharf has demonstrated repeatedly that it is neither a good operator nor a good neighbor. It shows no respect for homeowners in the area. Approval of the present Permit Application by removing or amending the conditions restricting the use of the outdoor patio /deck area, would effectively legalize Woody's Wharf's past violations of Permit 3065, and OD1 and simply reward this establishment's history of bad behavior at the expense of long term homeowners in the neighborhood. On behalf of its homeowner members and residents, 28`h Street Marina Association, urges the Planning Commission of the City of Newport Beach to not erase in one instant the provisions in Use Permit 3065 and Outdoor Dining Permit No. 1 that are essential to preserving a pleasant and viable environment in this mixed use neighborhood, and upon which its residents have relied for over 20 years. Sincerely, LAW 0 FiCES OF NVER ANDREWS, JR. DENVE R R. ANDREWS, R. Enclosure CC: Client 13.3 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644 -3200 Fax: (949) 644-3229 yv_yvw. to ortbeac cg o January 19, 2012 Greg Pappas c/o Woody's Wharf 2318 Newport Boulevard Newport Beach, CA 92663 ,. Compliance of Use Pennit No. 3066 (P A201 t SubjectAddress 2318 Newport Blvd, Woody's_Wharf The matter of Woody's Wharfs violations of the Newport Beach Municipal Code ( "NBMC "), Use Permit No. 3065 and Outdoor Dining Permit No. 1 and attempts to resolve these issues has now been on -going almost two years. The original citation (No. 12010- 0052A) was issued on January 20, 2010. This citation was issued for violating Condition of Approval No. 3 of Outdoor Dining Permit No. 1. The condition states, "That the use of the outdoor patio shall cease at 11:00 p.m." Your attorney filed a timely request for an administrative hearing. On February 9, 2010, the City's Planning Department issues a memorandum which provides the entitlement history for Woody's Wharf and the details restricting the use, area and operating hours of the subject exterior dining area. A copy of this memorandum was provided to your attorney. It was then agreed that it was in both parties best interest to engage in settlement discussions regarding the violation and use of the exterior deck/patio at Woody's Wharf in order to attempt to reach a long term solution. (See the enclosed letter dated February 19, 2010, from Deputy City Attorney Kyle E. Rowen to your attorney, Roger Jon Diamond). When we initially met to discuss this issue, it was decided that Woody's Wharf would submit the necessary applications to seek amendments to the above referenced permits and also perform various related physical improvements. On July 2, 2010, an application for a modification permit (PA2010 -151) was submitted for the installation of a patio cover that would encroach into the 10 foot water side setback. At that time, you were notified that the project, as proposed, would require an amendment to the use permit to allow for the proposed enclosure of the patio. On September 25, 2010, Woody's Wharf was issued another administrative citation (No. ADM 22651) for a violation of Newport Beach Municipal Code section 5.32.020 (No IS4 Cafd Dance Permit. Your attorney timely filed an appeal of this administrative citation. Additionally, Woody's Wharf also fled an application for a Cafd Dance Permit. A further meeting was then held on October 16, 2010 to discuss all of the above referenced issues. During this meeting, a general agreement was reached that was summarized by Deputy City Attorney Kyle E. Rowen in a letter dated October 19, 2010 to your attorney, Roger "Jon Diamond. On November 24, 2010 an application for building permit was submitted to the City for the construction of a solid roof structure proposed to encroach into the 10 foot waterfront setback. Following review by City staff, a Plan Check correction sheet was issued. These Plan Check corrections included the requirement to file an application for a Modification Permit for the setback encroachment and parcel map or a lot merger requirement. The combining of lots is required by the. current Zoning Code and the Subdivision Code. The current conditions of approval of Use Permit No. 3065 specified such combining of lots requirement when the construction exceeded the Zoning Code specified dollar amount for any subsequent construction to cross the existing interior property line. On March 23, 2011, an application to amend Use Permit No. 3065 was received by the City. In processing this application, the City discovered that it does not contain the necessary authorizations, as it lacks the property owner's signature, Additionally, the application lacked a specific list of proposed the conditions of approval or operational changes. Staff discussed with your representative the application submittal and requested that property owner authorization be obtained and submitted along with detailed information on the proposed changes to the conditions of approval, and the operational characteristics of the restaurant. On April 5, 2011, the application was deemed incomplete and a Notice of Incomplete Filing was mailed to the applicant, property owner and the business owner. On July 19, 2011, the City issued Woody's Wharf a Notice of Violation regarding dancing activities at your facility, an unauthorized activity in violation °of Use Permit No. 3065 and the NBMC. We subsequently met on August 10, 2011 and on September 16, 2011, to discuss the use permit application and the conditions of approval, specifically the unauthorized activity of dancing, the hours of operation, and use of the patio and the noise generated thereby. At each of these meetings, you were again reminded that the City also needed you to obtain authorization from the property owner prior to processing your application and that without the property owner's authorization; your application would be deemed incomplete. The City has been patiently waiting for Woody's Wharf to submit a complete application. To date, the application remains incomplete as you have been unable to provide the City with any evidence showing the property owner's authorization. The City's agreement to hold in abeyance the administrative hearing Was made with the understanding that Woody's Wharf would diligently work to submit a complete application to amended its use permit. As it has been almost two years since this issue 135 began, it does not appear that Woody's Wharf is diligently pursuing an amendment to its use permit. In the mean time, the City continues to receive complaints about noise and use of the patio past 11:00 p.m.; and the City has also received noise complaints related to activities associated with the commercial dock and during late hours of the evening. You have been previously advised that the current use permit does not authorize dancing activity in conjunction with the restaurant, and that the outdoor dining permit limits the hours of operation of the outdoor dining area to 11:00 p.m. You have also been advised that Code Enforcement action would resume unless you cease all activities that are not in compliance with the current permits and approvals. Woody's Wharf is hereby directed to immediately comply with all current permits and approvals. This includes, but is not limited to, the 11:00 p.m. closing hour for the patio and discontinuation of the unauthorized dancing activities, to name but two of the specific violations. Code enforcement action will ensue if violations continue to occur. Further, this letter serves as notice that unless authorization is received within 10 days of the date of this letter, the application will be closed as incomplete without the City having taken any action. Any monies not encumbered by the City's activity in the processing of the application will be refunded to you. Should you have any questions regarding submittal requirements, please contact me at 949 -644 -3206. By: Q-4j4L= Javier 8 Garcia,kAICP Senior Planner Attachments: Letter Dated February 19, 2010 Letter Dated October 19, 2010 property owner contact Ralph Furra MPA, Inc. 1418 W Bay Avenue Attn: Martin Potts Newport Beach, CA 92661 4041 MacArthur Boulevard, Ste 375 Newport Beach, CA 92660 CC: Kyle Rowen, Deputy City Attorney Matt Cosylion, Code Enforcement Supervisor ISO LAW OFFICES OF DENVER R. ANDREWS, JR, Professiaml Corporation 9210 Irvine Center Drive Tel: (949) 333 -3416 Irvine, California 92618 Fax: (949) 640 -8294 Deiverndrandrewshrvcom ,gre1VED el, ropltmuNITV October 18, 2012 OCT Michael Toerge Planning Commission DEVeI_oanrEN'r`4;' City of Newport Beach o O (6 3300 Newport Boulevard, Bldg. C t vEw�� Newport Beach, CA 92663 Re: Use Permit 3065 and Outdoor Dining Permit No. 1; November 8, 2012 Public Hewing or,.Request for.Amendment Dear Mr. Toerge: An enclosure was inadvertently omitted from my letter to you yesterday. Enclosed please find a copy of the Planning Department Memorandum to Matt Cosylion, Code Enforcement, from Jaime Murillo, Associate Planner, regarding Woody' Wharf— Use of Exterior Deck/Patio, dated February 9, 2010 referenced in my letter. Thank you for your consideration of 28th Street Marina Association's concerns in this matter. Sincerely, LAW OFFICES OF QENVER R. ANDREWS, JR. R, ANDREWS, JR. Enclosure CC: Client DL .,. y. I-S7 i I ZEN]i TO : Matt Cosyllon, Code Enforcement FROM: Jaime Murilio, Associate Planner CC . Planning Department Files (UP3065 & OD1) RE Woody's Wharf — Use of Exterior Dock/Patio 2813 Newport Boulevard . Issue On January 28, 2010, Woody's Wharf was issued a citation for violating Condition No. 3 of Outdoor Dining Permit No 1. The condition states, "That the use of the outdoor patio shall cease at 11:00 p.m." On February 1, 2010, Woody's Wharf submitted an appeal of the citation. In summary, the appellant states that the citation is not valid and that the City has no record of the required closure of the patio. The intent of this memorandum is to provide the entitlement history for Woody's Wharf and details restricting the use, area, and hours of the subject exterior deck/patio. It should be noted that the term "deck" and "patio" have been used interchangeably over time to describe the same exterior area permitted for dining and drinking purposes. As discussed in detail below, the term "deck" was used in the Use Permit documents and the term "patio" was used in the Outdoor Dining Permit documents. This memorandum also includes a summary of two meetings I personally had with the restaurant owners, in which the conditions pertaining the use of the exterior deck/patio were made clear. Entitlement Background The existing restaurant building was constructed in 1965 and had a "net public area'" (NPA) of 1,173 square feet. The restaurant use was established prior to the time that the City began requiring use permits for restaurants. On August 12, 1982, the City became aware that an exterior deck had been added to the restaurant and the owner at the time was informed that the use of the deck would be prohibited until all required permits, including a use permit, had been obtained. 1 Net Public Area I NPA): The total area used to serve customers, including, but not limited to, customer sates 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. ISO Woody's Wharf — Use of Exterior Deck /Patio Memorandum February 8, 2010 Page: 2 Use Permit No. 3065 On November 10, 1983, the Planning Commission approved Use Permit No. 3065 which permitted a 416 square -foot increase in the restaurant's NPA so as to allow the use of the exterior deck to be used for outdoor dining and drinking purposes. The total NPA was thus increased to 1,589 square feet. It should be noted that the exterior deck itself is larger than 416 square feet; however, the usable NPA was reduced to 416 square feet through the use of planters and storage space. The use permit included a condition (Condition No. 10) that required the use of the exterior deck to cease at 11:00 p.m. Please see Attachment 1 for November 10, 1983, Planning Commission minutes (including findings and conditions), staff report, and plans (including delineation of approved NPA on deck). February 4, 1988 Use PermitAmendment Request On December 10, 1987, the restaurant owner at the time applied for an amendment to the Use Permit No. 3065 so as to increase the permitted NPA on the exterior deck, to partially enclose said deck, to satisfy additional off - street parking requirements through the payment of in -lieu fees, and to allow the use of the exterior deck until 2:00 p.m. At it's meeting of February 4, 1988, the Planning Commission unanimously denied the application for an amendment to the use permit and further requested that a review of the conditions of approval of the Use Permit No. 3065 be set for public hearing. At that time, the Planning Commission expressed concern regarding compliance with existing conditions of approval and the potential for the control of noise on the exterior deck with the installation of a glass barrier. Please see Attachment 2 for February 4, 1988, Planning Commission minutes (including findings for denial). March 24, 1988 Review and Amendment to Use Permit No. 3065 During the March 24, 1988 Planning Commission review of Use Permit No. 3065, the restaurant operator again requested that the restaurant be permitted to remain open until the regular operating hour of 2:00 a.m.; however, the Planning Commission denied his request, but agreed to modify Condition No. 10 so as to extend the use of the exterior deck until 12:00 midnight, nightly. The Planning Commission also added a condition requiring the installation of a sound attenuation wall enclosure to be installed on the exterior deck so as to contain on -site noise. Please see Attachment No. 3 for March 24, 1988 Planning Commission minutes (including Findings and Conditions), staff. report, and plans (including delineation of approved NPA on deck). Outdoor Dining Permit No. 1 On October 4, 1995, the Planning Department approved Outdoor Dining Permit (OD) No. 1, permitting the expanded use of the exterior deck. Condition No. 2 limited the outdoor dining area to a maximum of 709 square feet of NPA (416 square feet per Use Permit No. 3065 plus 293 new square feet). Condition No. 3 was also imposed which required the use of the outdoor patio to cease at 11:00 p.m. Although the condition uses the term "outdoor patio" instead of "exterior deck" as used in the Use Permit, the description in Condition No. 2 describing the allowable NPA, as well as the approved plans for OD1, clearly illustrate 139 Woody's Wharf — Use of Exterior Deck/Patic Memorandum February a, 2010 Page: 3 that the two terms are used to define the same exterior deck/patio area permitted for dining and drinking purposes. Please see Attachment No. 4 for October 4, 1995 approval of OD No. 1 and plans (including delineation of approved NPA on deck/patio). Building Permit No. X2007 -1278 On May 22, 2008, the restaurant owner's were issued a building permit for a tenant improvement and revisions to their occupancy load. The Certificate of Occupancy that was issued clearly states that the outdoor dining deck/patio is limited to 709 square feet, consistent with OD1. Also, the approved plans clearly illustrate a deck/patio dining area measuring 709 square feet, also consistent with OD1. Based on these documents, it appears that the restaurant owner's clearly understood the delineation of the permitted outdoor dining deck/patio area, pursuant to the conditions of OD1. Please see Attachment No. 5 for Building Permit, Certificate of Occupancy, and most recently approved floor plans. Meetings with Restaurant Owner On August 10; 2007, 1 met with Gregg Pappas at his request to review the Use Permit and Outdoor' Dining Permit files and to resolve questions pertaining to the maximum NPA that was permitted on the exterior deck/patio and hours of operation. He was made aware that the use of the deck/patio shall cease at 11:00 p.m. and that the NPA needed to be reduced to 709 square feet, consistent with OD1 (at the time, the deck/patio consisted of 750 square feet of NPA due to the removal of landscape planters that was previously used to reduce the NPA). I prepared a note to the file outlining my research and meeting with Gregg Pappas (Attachment 6). On November 20, 2009, 1 attended a meeting with the Gregg Pappas and Mark Serventi (restaurant owners), Lt. Frizzell, Sgt. Freeman, Det. Moore, and Planning Manager Patrick Alford. The meeting was intended to clarify discrepancies in information that was provided to the restaurant owners regarding the use and hours of operation of the exterior deck/patio. At that meeting, it was made clear and all parties in attendance understood that the use of the exterior deck/patio shall cease at 11:00 p.m. pursuant to the conditions of OD1. Planning staff also answered the owners' questions regarding the process required to amend the conditions of approval of OD1 and /or Use Permit No. 3065. it was also made clear to the owners that should they continue to violate their conditions of approval, they would be subject to citations. 1-40 f, l 142 5, �S f W` fi=n S.y • V t ✓'ll Project Plans 143 1-44 ,z t Mtld3113 &$ vae T {' {{lii "i i F'14•` S 1;. yy w u d5„� �, r �i. �✓'n'fl kNO IY E^;., �^ Dow � t�' ard4: i {.ii` ili�l�'ijs?i��fi��•j.5i'�1l, Q t; Q g a �QYyy'` @kg3': C�3�83 �ABep Q 4 Hq E � N 8 gp x, 1 ya4 ® h � z QQ 9 � /A 6 $C 01 � w ®fie 4 U I I I Qp E gg pg�A tl nu _musww d a . 'M'IAlU0dhl3N . . 5 w •U 6 U o w }iG F U O ._.... ..... - -- - - -- - Q��•v ® NVId HOOIA £ §4� F h " d . � � Y✓ �Y " ' $ F'- •1nN .� let ��iali�l'jlill �� El P',pfljl�it'1� � W i l l A n! ��6 pp� /EO 119 �`�asses si�iiili !1'all�i� ?Iidililalllj��i;��li� - � 9P X00 00000 O �a r I'll 0 ® w c k a a El 21 e Q ® Q a � st g 0 �E Mill III. eaa H W VA♦dd . 140 l3 6 140 ADDITIONAL MATERIALS RECEIVED •I• PRIME 0 eduction Amend the Existing Use Permit: Patron Dancing, modify floor plan Extend the opening hour from ss:oo a.m. to so:oo a.m. Extend the closing hour of the outdoor dining area from 11:00 p.m. to 2:oo a.m. Modify valet parking service Waive up to 6 parking spaces 07/13/2012 Community Development Department- Planning Division I 07/13/2012 Community Development Department- Planning Division Racknroune Established 1965 w Entitlement History November 1983, Use Permit outdoor dining area March 1988, Use Permit require barriers to reduce noise. October 1995, Outdoor Dining Permit to expand outdoor dining area and close at ii:oo p.m. March zoo6, Live Entertainment Permit 07/13/2012 Community Development Department- Planning Division it P ro wrt DPt;; Patron dancing Remove tables /chairs in and out after 10 p.m. ■ Open at so a.m., instead of 11 a.m. Close outdoor dining area at 2a. m. L Amend the use of valet parking Waiver of 6 parking spaces 07/13/2012 Community Development Department- Planning Division 5 07/13/2012 Community Development Department- Planning Division N 0101:a U M V F-I T -977- C 0 A0 Ma'am o -VI 07/13/2012 Community Development Department- Planning Division 7 07/13/2012 011]:a296141:11 :1w! ,aa, IV m acres., /a _ .m rua 71 w•W ac ,m a,ry vaoa mea ae ws e w sAm ae r ere r If. ® area a /a cn sau ours ac ma • /m im ac rm�vr s,/m +a ac r awei /a »v ,ueevus owes oa wme /m nr a: Ba03 ¢,t+o e,ns Pm as 1� uey mn . tx r seat r Va. x a wu ism sous nrei as. woe ,/m mss ac mre oz was �w an ae Y euwc oa. woe irye rat mm a<wae vm sm a: m a Sur. vmP /wxama 4YBW pY w0 5, / WY 41mm ,m 0.wBW T. YN I., Y1 RYtl)I@. iZ RO(m mess ax wo m s1EA ,on ASaSaplf r/ mawo . , /as a) /MOc awns was wW rw m T eamstmsoz wo •,n r oa w•w as a Vr men m: v.n mus o,a,s ws. ua a , /ua w ac. iaVJa oMC )DL aG iu Y mw aa, mas ae mem,ry v az ryes r e Va s ss smu nss n.s Wae,R u ae AYOIC W. M e4a .1S T sw.w usr ac ume,n na oc smeime,n eom� a emu sows uc uro a , /+se m� az Nu w sr �mw 0 o•W mce oa. wosns ,c, ac rvsme, /,oTexru uswu w,w xv. n /raw u eweW a,: sa• r/ as .um,®,m weW mr. m iu so. eaa) m e y) soar mim os m r *90 Community Development Department- Planning Division N VMS— Pt C ►i ®�� V Community Development Department- Planning Division N AFTER 50 -00 PM SEATING PLAN IT 07113/2012 Community Development Department - Planning Division 9 L i Patron Dancing Interior of the restaurant. ■ Extend opening hour from 11 a.m. to 10 a.m. Not a significant operational change. Close of Outdoor Dining Area from 11 P.M. to 2a. m. Already proven to cause increased noise complaints Amend the use of the valet parking service. Provided as- needed and when live entertainment and /or dancing occur. Waiver of 6 parking spaces Parking not fully utilized during the daytime hours. Parking in the municipal parking lot across the street is free after 6 p.m. 07/13/2012 Community Development Department- Planning Division 30 I r� c do �y on afrerrdre Approve: • Patron Dancing • Opening hour Zo:oo a.m. • Valet parking on an as- needed basis Waiver of 6 parking spaces Deny: Closing of the outdoor dining area to 2a. m. Change to the outdoor dining floor plan. 07/13/2012 Community Development Department- Planning Division I 12 1 For more information contact: Javier S Garcia, AICP, Senior Planner 949-644-32o6 jgarcia@newportbeachca.gov www.newportbeachca.gov -tow �. Item 5a— Additional Materials Received Planning Commission - November 8, 2012 PA2011 -055 (Woody's Wharf) October 17, 2012 Vf-°EIVED ay COMMUNITY OCT 18 2912 Dear Chairman Toerge and Members Of the Planning Commission, %DEVELOPMENT Gy °P S 0o We are residents and a condominium owner in the 281h Street Marina. We of °R strongly to the request for amendment to the Conditional Use Permit No. 3065 by Woody's Wharf. We residents are already disturbed nightly by their continual violations of their existing conditions. Now they wish to be rewarded for their violations by being granted permission to use their Patio /deck until 2am. They are continually overcrowded but they now want to increase their capacity so that they are not overcrowded. They have dancing all the time but no permit for it, they say in their application that they will close their doors at 11pm to the patio so music does not leave the area "...except when entering and leaving..." which is all the time, and they say nothing about the party boats that tie up at their docks that have loud music blaring while half the occupants stay on board and drink. Noise travels far when on the water as we all know and this is no exception. Where does the City draw the line? Since 1983 the requirement to stop the use of the patio /deck has been in place. We residents bought our units with the knowledge that we live in a mixed -use area. We embrace the Five, work, shop convenience. But we also believed in the City's ordinances and regulations and the City's resolve in upholding them. As we all know, mixed use only works if all parties respect each other and their rights. These restrictions have been in place for Woody's for 29 years! We relied on those restrictions and the time that the CUP allows for outdoor dining. What we do not accept is the flagrant violations and total disregard that Woody's has shown its neighbors. They are simply bad operators who have turned this great restaurant into a late night club. If Woody's will not live up to their requirements then why should the City reward them as they are requesting? We certainly hope that the City's quest for sales tax revenue will not be at the expense of its residents. Here is a small example of the path that has lead us to this point: e 1983 - Use Permit 3065 granted. Use of exterior deck to cease at 11pm 0 1988 - Request to use deck /patio until 2am. Unanimously denied 0 1988 - Again requested to use deck /patio until 2am. Again denied 0 1995 - Outdoor Dining Permit No. 1 granted. Patio /deck to close at 11pm, noise from live entertainment shall be confined to the interior of the building, 0 2006 - Live Entertainment Permit issued. Sound confined to interior of building, outside deck /patio not utilized after 11pm, dancing prohibited. Permit may be revoked if "music or noise from the establishment for which Item 5a Additional Materials Received Planning Commission - November 8, 2012 PA2011 -055 (Woody's Wharf) permit is issued interferes with the peace and quietness of the neighborhood." PERMIT CONDITIONS SIGNED AND ACKNOWLEDGED BY OPERATOR ON 3/16/06. Time and time again Woody's has tried to obtain approval for a later use, but all Planning Commissions have denied them. We are in a mixed -use area and it will only thrive and redevelop if there is good planning and balance between the uses. One cannot dominate at the expense of the other. Woody's has shown no regard for its neighbors, rather it appears solely on a quest to dominate the neighborhood. We are required to phone the NBPD every time we believe that we see or hear a violation. Why is the onus on the residents? Why does the City not initiate the action? Once we report the suspected violation to the NBPD they dispatch a patrol to investigate. When that is done it is forwarded to the Code Enforcement Department. And many times the process stops at this point. We have been told that "out of an abundance of caution" the City will not be writing citations every time. Why is that? Why doesn't something happen? There is a new structure in place that assesses higher dollar amounts for fines but that is not being used. Why not? We are frustrated and fed up. When will the City show backbone in enforcing their permits? Please do not reward these offenders by approving this application rather deny it And please help us to have the City enforce the existing regulations. The regulations are there for a reason. Let's make the McFadden Square /Cannery Village General Plan work. Thank you, 28th Street Marina 2600 Newport Blvd Newport Beach Cc Javier S. Garcia, A1CP Planning Division Item 5a—Additional Materials Received Planning Commission - November 8, 2012 PA2011 -055 (Woody's Wharf) `�Lp1E1UCl.) F.t). r;UtJiPv'IIINI'I "Y' () Ll 2 5 2.012 �� DIEVLIApML.N'I' C? J OP N[tNP0�1 � City of Newport Beach Planning Dept Att: Mr. Javiar Garcia 3300 Newport Blvd. Newport Beach CA 92663 October 20, 2012 Dear Mr. Garcia and Planning Department: We are residents at 2700 Newport Blvd, #224, I am very disturbed to learn of news that the owners of Woody's Wharf are requesting an approval from the City of Newport Beach to extend their hours of operation past IOpm. This bar has been a huge problem with regard to crowd noise and loud music. They pack their bar with young drinkers and make too much noise! My wife and I have chose this development as our retirement home. All of our grandchildren live here. We want to spend the rest of our days with our family and would like this noise issue solved once and for all. Woody's Wharf is the main offender here. This neighborhood was peaceful when we purchased this home more than 15 years ago. I am a retired high school principle. I am recovering from two hip surgeries, My wife doesn't work and additionally I don't have the kind of money these wealthy nightclub owners at Woody's has to move somewhere else. They are making a killing at their business and don't let them tell you otherwise. Please do the investigation necessary to not only deny them of this request for extended hours of operation. Please help us make them adhere to the laws that already exist pertaining to their business. Item 5a—Additional Materials Received Planning Commission -November 8, 2012 PA2011 -055 (Woody's Wharf) It is completely wrong for these new owners of Woody's to profit while we suffer! Do not allow Woody's Wharf to continue to ruin our neighborhood Mr. Garcia. Please represent us fairly when you meet to decide our fates. Thank you very much. Regards, Gene A. Smith #224 2700 Newport Blvd. Newport Beach, CA 92663 Item 5a—Additional Materials Received Planning Commission -November 8, 2012 PA2011 -055 (Woody's Wharf) Christopher J. Rolfs 2700 Newport Blvd. Suite #324 Newport Beach, CA 92663 Tel: 949.675.1114 fax: 949.675.3366 cjrolfs @fuelingsolutions.com October 21, 2012 City of Newport Beach Planning Department Attention: Mr. Javier S. Garcia ioarcia(a)newportbeachca.gov 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Garcia and Members of the Newport Beach Planning Commission: I am the owner of unit #324, 2700 Newport Blvd. I have lived here for nearly twenty years. I have supported and befriended many of the businesses in this mixed use neighborhood, particularly Woody's Wharf, however, I am adamantly opposed to Woody's Wharf's new owners making any changes to the existing laws that they do not respect now. The noise they create makes regular sleep impossible! I attended an association meeting with the owners, Greg Pappas and associates several years ago and they promised to handle the noise situation. They put up a tent for a while which helped to some degree, but, have since decided to completely ignore our concerns and they turn the restaurant into a nightclub complete with an outdoor bar. The music is loud and the customers have to shout even louder to each other to be heard over the music. Even with the doors closed the noise is so loud I can't even hear my own music. I have pretty much given up with calling the police. They stop by, the music goes down and ten minutes later it is turned back up again with complete disregard for the police as well as the neighborhood. This is a complete waste of valuable resources and tax payer's dollars. I have worked in sales traveling nearly every weekday. When I get home I want to relax and not drive anywhere. Twenty years ago I was very attracted to the mixed use concept of the 28`h Street Marina development, but was very concerned about noise at night. I visited and spent many late weekend nights at the docks here to monitor the sound, particularly pertaining to the sound transmission from the water and Woody's Wharf. Except for the occasional loud Duffy boat with people partying there was no noise of any concern. It is completely different now and it really needs your attention. You are probably being faced with the purported precedence that these operators have been here longer than we have. I have been a patron of Woody's, Cassidy's, and particularly Avila's for years. Avila's brings a lot of families and tourists to the neighborhood. They still appear too crowded on Tuesday nights, but, at least have made the investment with windows and have moved the entrance line to their parking lot. Item 5a—Additional Materials Received Planning Commission -November 8, 2012 PA2011 -055 (Woody's Wharf) Cassidys shuts their windows at approximately nine o'clock and closes the doors facing our buildings. Woody's just thumbs their noses at us and stacks the money high. Please do not pass any new licenses or allowances for extended hours of bars that are already abusing their original permits. Thank you for your valuable time and consideration on this important matter. Sincerely, Chris Rolfs Christopher J. Rolfs 2700 Newport Boulevard, #324 Newport Beach, CA 92663 Item 5a—Additional Materials Received Planning Commission - November 8, 2012 PA2011 -055 (Woody's Wharf) xr_c�lvro el. ��Ml1UNITY 0`1.242012 October 21, 2012 �� o�vrl,of'a�cro'r r City of Newport Beach Planning Dept. Att: Mr. J. Garcia 3300 Newport Blvd Newport Beach, CA 92663 Subject: Woody's Wharf Noise, proposed request for extended hours of operation Dear Mr. Garcia I am very opposed to request for extended hours of operation at Woody's Wharf restaurant. I am very busy and work very much for living in such a beautiful home. Please do not allow this to happen as I am very much against it. It was so nice when I purchase home 19 years ago. I can not sleep when music is so loud. So very many people shouting. I can hear this with windows and doors shut and it is making me miserable every weekend. Thank you for your cooperation in not making this allowed ever. Sincerely Siong -Mee 2700 Newport Blvd. #225 Newport Beach, CA 92663 Item 5a—Additional Materials Received Planning Commission - November 8, 2012 PA2011 -055 (Woody's Wharf) ��CGIVI(7 �I, COMMUNITY OCT 2 4 2012 City of Newport Beach Planning Dept 0 DEVELOPMENT �r Att: Mr. Javiar Garcia fo,.• NEWPO0 3300 Newport Blvd, Newport Beach CA 92663 October 22, 2012 Dear Nh•. Garcia: I am a resident at 2700 Newport Blvd, #225. I am very disturbed to learn of news that the owners of Woody's Wharf are requesting an approval from the City of Newport Beach to extend their hours of operation past l Opm. This bar /restaurant has been a huge problem with regard to crowd noise, loud music and often boat owners docked at their pier making a huge disturbance. If you were ever here in our bedroom after 9pm every weekend night you would really comprehend how big a problem this is! If the City of Newport Beach did any type of study on how acoustics, in particular, loud music, and drunk people shouting, travels across the water you would be alarmed and as possibly mad as I am. When we moved here we understood that we would hear boats, boat builders, owners would make noise and that we would have to deal with that. We understood that local restaurants and bars were here and that they could be heard across the water. Fifteen years ago that is just the way it was, BUT, that was during the daytime hours when we work! Evenings and weekends were very peaceful most of the time, especially at night when we need our sleep! Now it is often complete chaos during the weekends and on many weeknight evenings loud music and partying. We trusted the City of Newport Beach to be responsible to our homes where we live year around. Item 5a—Additional Materials Received Planning Commission -November 8, 2012 PA2011 -055 (Woody's Wharf) We are not millionaires, just hard working citizens that pay our taxes and want the same respect in return from our city. It is completely wrong for these new owners of Woody's to profit while we suffer! Do not allow this travesty of occur Mr. Garcia. Please represent us fairly when you meet to decide our fates. Thank you very much. �Regards, Paul Wong #225 2700 Newport Blvd. Newport Beach, CA 92663 Item 5a—Additional Materials Received Planning Commission -November 8, 2012 PA2011 -055 (Woody's Wharf) P'GOVEO 491, roMMUNITY October 22, 2012 OCT 2 5 2012 City of Newport Beach Planning Department DEVELOPMENT VZ, All: Mr. Javiar Garcia , /- 3300 Nuuporl Blvd. OP NEWPOFVj Newport Beach. CA 92663 Subject: Woody's Wharf Noise mid proposed request for extension of outdoor patio hours Dear Mr. Javiar Garcia said Mendiers of the Newport Beach Planning Commission: My wife and I have lived here at 2700 Newport Blvd., Unit #220 for nvenly years. We are extremely opposed to your consideration of extending outdoor nmsic. dancbng mill drinking at Woody's Wharf past len o'clock on any night of ote week!' Our unit sits right olTol'Newpoil Blvd and we hear lot's of noise final Woody's 119naf and Connnomvealth. lust in the Iasi five years we have experienced a huge increase in noise from 1Vood's Wharr. liven' weekend night we also see and hear store young people loitering in our courtyard between our buildings. Litter. drunks, beer battles and broken glass. It is demonstrably worse that approximately live years ago when the new owners of Woudy's look over doe business and lamed [lie patio into it's min bin and nightclub oiler 10pm. playing load music until pool lain. 1Ve are tired from being awakened by the music and crowd noises ecen''fhursday through Sunday nights. Calling the police little oiler little does absolutely nothing! 'Ilse police are dispatched, arrive all 1Voody's, they turn down the music and as little as left minutes later they turn tip the music again. My wilt has a debi!i!n!ing illness. My daughter and I are her caregivers. 1Ve all are terribly annoyed by the noise three to fain nights it week. This neighborhood was so pleasant when we purchased this unit It is where we plan to retire mitt this constant anise is completely unacceptable! Please do not pass any new licenses or allowances fir extended hours for Rrtxidy's Nrharl'. They are already abusing !heir original pemnits still ruining our previously lovely home and neighborhood! Sincerely, 6 gifc!" YK�ru. Richard and Karen Vngner 2700 Nmeporl Boa evanl, #220 Newport Beach, CA 92663 WOODY'S WHARF CUP No. PA2O11 -055 Applicant's Request for Amended Conditions of Approval November 8, 2012 The Operator License required to be obtained pursuant to Condition No. 3 and Chapter 5.25 may be subject to additional and /or more restrictive conditions to regulate and control potential late -hour nuisances associated with the operation of the establishment. Proposed Amended Condition: Strike this condition or make it a part of this Conditional Use Permit. An option would be to have the matter decided bfore the Planning Commission rather than the City Manager. 9. The outdoor dining area shall be limited to a maximum of 66 seats, including disabled seats /table space, consistent with the floor plans as approved by Plan Check set of plans PC1141 -2011. The seating and dining in the outdoor dining patio shall be limited to dining table height (approximately 30 inches) and the use of the elevated counters and barstools is prohibited. Removal of dining tables and chairs shall be prohibited. Proposed Amended Condition: The outdoor dining area shall be limited to a maximum of 66 seats, including disabled seats /table space, consistent with the floor plans as approved by Plan Check set of plans PC1141 -2011. The seating and dining in the outdoor dining patio shall be limited to dining table height (approximately 30 inches) and the use of the elevated counters and barstools is prohibited. Removal of dining tables and chairs shall be prohibited allowed after 10:00 p.m. nightly. 33. Dancing shall be allowed on the premises only in conjunction with the issuance of —a Cafe Dance permit by the City Manager or designee, if applicable. Proposed Amended Condition: Delete this condition A caf6 dance permit is not applicable The proposed use is not defined as a cafe dance. Item No. 5b: Additional Materials Received Presented by Applicant Planning Commission Woody's Wharf (PA2011 -055) November 8, 2012 34. The applicant /operator shall provide licensed security personnel while offering live entertainment and /or dancing. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department (NBPD). The procedures included in the plan and any recommendations made by the NBPD shall be implemented and adhered to for the life of the Conditional Use Permit. Proposed Amended Condition: The applicant /operator shall provide licensed security personnel while offering live entertainment and /or dancing. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department (NBPD). So long as the plan is consistent with the conditions contained in this Conditional Use Permit. NBPD shall not impose more restrictive conditions The procedures included in the plan and any recommendations made by the NBPD shall be implemented and adhered to for the life of the Conditional Use Permit. 48. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based on 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. Proposed Amended Condition: Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based on money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders is prohibited. Applicant shall be allowed a maximum of one night per week to hold such an event, but in no case shall a minimum drink order be allowed 51. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order or sale of drinks is prohibited. Proposed Amended Condition: "VIP" passes or other passes to enter the establishment, as weal as door eharges, eeve charge, eharges, or any other forrm of admission including minimum drink order or sale of drinks is prohibited. Item No. 5b: Additional Materials Received Presented by Applicant Planning Commission Woody's Wharf (PA2011 -055) November 8, 2012 ADD TO CONDITION #3: ALL SERVICE AND OCCUPANCY OF THE OUTDOOR DINING AREA SHALL CEASE AFTER 11 PM DAILY. Item No. 5b: Additional Materials Received Presented by Applicant Planning Commission Woody's Wharf (PA2011 -055) November 8, 2012 Presented by Staff Revised Wording for Fact in Support of Finding D, Fact number D -6: D -6. The design and construction materials of the outdoor dining patio (existing glass walls) aid to minimize noise from emanating from this area, but are not adequately effective in controlling noise as evidence by noise complaints received by the Police Department and the correspondence received +rf AttaGhme.nt ors ,n As conditioned, the limited hours of use of the outdoor dining area to 11:00 p.m. is appropriate in this case to alleviate noise related issues and complaints that cannot be otherwise mitigated. Additionally, conditions of approval require the doors exiting the building to the outdoor dining area to remain closed whenever live entertainment or dancing is performed inside the building, except in the case when persons are entering and exiting the building. Staff recommends that the outdoor dining area is to be closed to patrons at 11:00 p.m., daily, since no physical barriers have been proposed to aid in further mitigating noise levels that are anticipated to rise if occupancy is increased, as proposed by the applicant.