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HomeMy WebLinkAbout333 Bayside Dr_OD2007-001 (PA2007-004)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 2
June 7. 200
TO: PLANNING COMMISSION
FROM: Rosalinh Ung, Associate Planner
(949) 644 -3208
rung@city.newport-beach.ca.us
city.newport- beach.ca.us
SUBJECT: Accessory Outdoor Dining Permit No. 2007 -001
333 Bayside Drive
(PA2007 -004)
APPLICANT NAME: Jeff Reuter for 333 Bayside, LLC.
ISSUE
Should the Planning Commission approve an Accessory Outdoor Dining Permit to allow
the construction and operation of a 636 square -foot outdoor dining area in conjunction
with the existing full - service restaurant?
RECOMMENDATION
Staff recommends that the Planning Commission deny Accessory Outdoor Dining
Permit No. 2007 -001.
On December 29, 2006, the Planning Department received an Accessory Outdoor
Dining Permit application from Mr. Jeff Reuter for the construction and operation of a
636 square -foot outdoor dining area.
Decision - making authority for Accessory Outdoor Dining Permits is assigned to the
Planning Director pursuant to Section 20.82.050 of the Municipal Code (Accessory
Outdoor Dining). This application, however, is being referred to the Planning
Commission for consideration due to the concern that the proposed outdoor dining area
may have potential noise impacts to the nearby residents.
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OD2007 -001
June 7, 2007
Page 3
Existing General Plan Land Use Designations
Existing Zoning Designations
5
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OD2007 -001
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Page 4
The basis for the Planning Commission action on this application rests on the review of
the submitted noise study (Exhibit 3) and analysis made by an independent noise
consultant, Mestre -Greve Associates (Exhibit 5). Mestre -Greve has been retained by
the Planning Department to provide technical input and rationale linking the Accessory
Outdoor Dining findings with the City's noise standards.
BACKGROUND
On January 2, 1998, the Planning Director approved Accessory Outdoor Dining Permit
No. 44 to allow the operator of the previous restaurant (Yankee Tavern) to construct
and operate a 634 square -foot outdoor dining area. This approval was later extended to
January 16, 2001.
On December 19, 2000, the Planning Department extended the approval to January 16,
2003. The Accessory Outdoor Dining Permit was never exercised and subsequently
expired.
On February 15, 2006, the Planning Director approved Accessory Outdoor Dining
Permit No. 2005 -004 to allow the applicant to construct and operate a 636 square -foot
outdoor dining area. The approval decision was appealed by Linda Isle residents and
the applicant withdrew the application.
DISCUSSION
Proposed Outdoor Dinina Area
The applicant proposes to construct a 636 square -foot outdoor dining area to be located
on the second floor of the existing restaurant. The dining area is designed to be
enclosed on the southeast and southwest sides with wall elements approximately 7 feet,
3' /z inches high. The wall elements will consist of a 2 -foot, 8 -inch plaster wall topped
with operable windows. The applicant states that these windows will be closed each
night by 7:00 p.m. and will remain closed throughout the remainder of the evening. A
sail cloth material roof cover is also proposed.
The outdoor dining area will seat approximately 45 people. The applicant states that
there will be no live entertainment and all activities will cease by 10:00 p.m., Sunday
through Thursday, and by 11:00 p.m. on Friday and Saturday.
Existing Site Conditions
The restaurant is located on the second floor of an office building at the intersection of
Bayside Drive and West Coast Highway. The restaurant is a full - service establishment
and permitted to operate under the conditions of Use Permit No. 3325 (Exhibit 2). The
restaurant's net public area of 2,538 square feet, hours of operation (9:00 a.m. to 2:00
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OD2007 -001
June 7, 2007
Page 5
a.m., seven days a week), and parking are maintained and provided in accordance with
the Use Permit. No live entertainment and/or dancing are allowed with the Use Permit.
Analysis
In order to approve an Accessory Outdoor Dining Permit, the Planning Commission
must find that the project will not be "detrimental to the health, safety, peace, comfort
and general welfare of persons residing or working in the neighborhood or injurious to
property or improvements in the area ".
In the past, the City received noise complaints from residents even when noise levels
were below the limits in the City Noise Ordinance. It should be noted that the 1998
Accessory Outdoor Dining Permit was approved before the requirement for an
acoustical study for all new bay front restaurant development. The 2006 Accessory
Outdoor Dining Permit, however, was considered and approved with an acoustical
study. This approval was appealed by the Linda Isle residents because of the concerns
that the restaurant's noises will still be audible from their properties even though the
projected noise levels were below the City's noise standards. The applicant, however
later, withdrew the application.
The requirement that the project will not be a detrimental to the 'peace' and 'comfort'
implies a level of protection from noise greater than provided in Chapter 10.26 of the
Municipal Code (Community Noise Control). Therefore, any noise study conducted for
any proposed bay front restaurant project should go beyond what is simply required by
the noise ordinance, and determine, among other things, whether the noise from the
project will be audible at the nearby residential areas.
City Noise Regulations
Chapter 10.26 of the Municipal Code (Community Noise Control) states the allowable
average exterior noise levels experienced in a residential area (Zone 1) are as follows:
• 55 dBA for any 15- minute period during the daytime hours of 7:00 a.m. to 10:00
p. m
• 50 dBA for any 15- minute period during the nighttime hours of 10:00 p.m. to 7:00
p.m.
The maximum instantaneous noise level that is permitted is 75 dBA during the
daytime or 70 dBA during the nighttime.
• The ambient noise shall be standard if the ambient noise level exceeds the
resulting standard.
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OD2007 -001
June 7, 2007
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Noise Study
The applicant submitted a noise study prepared by Wieland Associates, Inc., dated
November 28, 2006 (Revised March 30, 2007) as part of the Accessory Outdoor Dining
Permit application (Exhibit 3). The requirement for an acoustical study for all new bay
front restaurant development was instituted in 1998 by the Planning Commission to
address issues of noise associated with bay front restaurants and impacts from
activities that occur outside the restaurants.
The noise study was prepared pursuant to the exterior noise levels criteria specified in
Chapter 10.26 of the Municipal Code (Community Noise Control). The noise study also
uses noise measurements of existing facilities (Blue Water Gril12, Billy's and Charthouse)
and uses standard acoustic calculations to project the noise levels of the existing
restaurant to the Linda Isle residences. The following chart summarizes the results from
the noise study:
;y warHmolen>,i olse I 'Property
Levels fdBA)
Av6090Z 1. Maximum 136staurant
1041inda Isle_
49.7 -60.6 1
59.7 -77.7 1
N/A I
N/A
I N/A I
N/A
3 -Thi -3
51.9 -58.0
55.1 -70.4
N/A
N/A
N/A
N/A
Bill 's/Charthouse °;
59.5
67.4
53
61
39
47
Blue Wafer Grill ':'
53.3 1
57.0 1
46 1
50
1 32 1
36
As stated in the noise study, the data collected at the Billy's /Charthouse in Newport Beach
has been used with the window opened /closed scenarios to project the noise levels
generated by 3- Thirty -3. These two establishments have more "boisterous" outdoor dining
environments than Blue Water Grill, and may be more comparable to 3- Thirty -3, thereby
producing higher noise levels. The noise study indicated that the estimated average and
maximum noise levels generated by activities at the proposed outdoor dining area will
comply with the City's noise standards.
The following chart summarizes the Code's noise standards and the outdoor dining area's
noise projections using the Billy's /Charthouse noise data:
' A copy of the study report (1998 Wieland Associates Report) and minutes of the July 23, 1998 Planning
Commission meeting are attached as Exhibit 4.
2 The submitted noise study identified Blue Water Grill as Blue Fish Grill.
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OD2007 -001
June 7, 2007
Page 7
.TIMU
70 dBA 147 (windows closed by
The study concluded that noise generated by the outdoor dining activities will not exceed
the maximum allowable exterior noise level at any nearby residentially -zoned property
of 50 dBA, and 60 dBA for commercially zoned property from 10:00 p.m. to 7:00 a.m.
The study acknowledged, however, that some of the activities at the proposed outdoor
dining area will, on occasion, be audible and discernible at the nearby residences
because the type and character of the noise generated by the restaurant activities (i.e.
people talking, car horns from the patrons leaving the parking lot) are different from the
ambient traffic noise.
Mestre Greve's Commentary
In order to relate the submitted noise study and the City's noise standards to the required
'peace and comfort' findings of the Accessory Outdoor Dining Ordinance as the basis for
the Planning Commission action, staff sought the professional opinion of an independent
acoustical consultant, Mr. Fred Greve of Mestre Greve Associates. After reviewing the
application package, Mr. Greve found the submitted noise study is consistent with that
required by the City's noise standards. He also concluded the noise levels generated by
the outdoor dining area will be audible from time to time, but they will not be perceived
as loud. The maximum noise levels at the residences due to the outdoor dining activities
will generally be around 47dBA. During loud events, peak noise levels from patio dining
could be as high as 57 dBA. These events could be clearly audible, but would not be
perceived as loud since traffic on Coast Highway and aircraft overflights commonly
reach noise levels in the 65 to 75 dBA range.
The Mestre Greve's commentary indicated that, based on best noise projection estimates,
noise levels generated by the outdoor dining area on a normal night would be 39 dBA and
could be 10 dBA higher with a noisier crowd, special event, or party. The commentary also
noted that existing activities at the restaurant were "occasionally audible ". The typical
maximum noise levels for the restaurant are 47 dBA due to people talking and 52 to 64
dBA for car horns in the parking lot. Ambient noise levels based on measurements at the
closest residence ranged from 49.7 dBA in the late evening to 60.6 dBA in the early
evening.
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Mr. Greve also stated that the residents will probably be annoyed by the noise intrusion
from the outdoor dining area. The level of annoyance is often a very subjective
response and not based on how loud the noise is. An example was given of the
acceptance level of annoyance, depending on whether the noise source is consistent
with noises typical for a residential neighborhood. In this case, the residents most likely
consider the restaurant and its operation as inconsistent with the residential
neighborhood and, therefore, any noise generated from the restaurant would be
considered as a source of annoyance (Exhibit 5).
Required Findings
Section 20.82.050 (B) of the Zoning Code requires the following findings be made in
order to approve an Accessory Outdoor Dining Permit:
1. That the proposed outdoor dining is accessory to the eating and drinking
establishment.
2. The establishment, maintenance or operation of the accessory outdoor dining
will not, under the circumstances of the particular case, be detrimental to the
health, safety, peace, comfort and general welfare of persons residing or
working in the neighborhood or injurious to property or improvements in the
area.
3. That the proposed accessory outdoor dining will not be located so as to result
in reduction of existing parking spaces.
Finding No. 1 could be made since the proposed outdoor dining area is accessory to the
existing restaurant by having a total floor area of 636 square feet. Section 20.82.050 (A)
limits accessory outdoor dining areas to 25 percent of the interior net public area, or
1,000 square feet, whichever is less.
Finding No. 3 could be made since the proposed outdoor dining area will be located
behind the existing building, overlooking the waterway, and thereby will not result in a
reduction of the existing parking spaces located in the front of the building. Furthermore,
Section 20.82.050 (A) does not require additional parking for accessory outdoor dining
areas.
For Finding No. 2, Planning Commission must make a determination as to whether or
not the proposed outdoor dining would be detrimental to the health, safety, peace,
comfort and general welfare of persons residing or working in the neighborhood or
injurious to property or improvements in the area. Noise sources associated with the
operation of a restaurant such as music, people laughing, talking, singing, silverware
clattering, kitchen activities, deliveries and trash disposal have traditionally been the
main causes of citizen complaints.
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OD2007 -001
June 7, 2007
Page 9
It is the opinion of staff that Finding No. 2 could not be made given that the nearest
residential properties are located approximately 215 feet across the channel on Linda
Isle, which is much closer when compared to the residents living across the water on
Lido Isle to Billy's /Charthouse. Staff receives noise complaints from the Lido Isle
residents about Billy's /Charthouse which is located at a distance of approximately 740
feet from Lido Isle. The general conclusion is that the closer the residents to the
restaurant, the more noise would be audible. As discussed above, noise from the
restaurant would be heard by the residents, especially during lulls in traffic in the later
portion of the evening. The concern here is that the noise generated by the outdoor dining
will be perceived as loud and the residents will be annoyed by the noise from the outdoor
dining area. The operable windows and low solid partition walls will not provide
adequate sound attenuation to limit or prevent adverse noise impacts on the
surrounding residential uses from the noise generated by activities in the outdoor dining
area.
Furthermore, the conclusion of Finding No. 2 also was based on the criteria from
Section 10.28.010 of the Municipal Code (Loud and Unreasonable Noise). The
following, in staffs opinion, are applicable to this application:
• Proximity of the noise to the residential sleeping areas
• Time of day and night the noise occurs
• The noise is produced by a commercial activity
The existing restaurant is in close proximity to the residents on Linda Isle. The outdoor
dining area will stay open until 10:00 p.m. Sunday through Thursday and 11:00 p.m. on
Friday and Saturday. In the past, the existing restaurant has created noise - related
problems for the surrounding residential uses. Noise is generated from the restaurant's
designated outdoor smoking area and from the parking lot when the patrons leave the
restaurant at late hours. The increase in the floor area devoted to dining and the increase
in the overall number of patrons that will be accommodated will have an additive effect on
the existing noise related problems; therefore, approval of this outdoor dining application
would further exacerbate the existing noise problems associated with the current
restaurant use and would in turn have a detrimental effect on the peace, comfort and
welfare of the nearby residential properties across the water.
Concerns from Residents
The Planning Department received several letters from the Linda Isle residents during
the application review process. The residents of 104, 105, and 106 Linda Isle
collectively expressed their opposition to the proposed outdoor dining area. They also
expressed concerns with the applicant's noise study for the proposed outdoor dining
area and with loud noise generated from the restaurant's current operations (Exhibit 6).
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OD2007 -001
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Page 10
ENVIRONMENTAL REVIEW
The project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities).
PUBLIC NOTICE
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Prepared by:
L4-et a'az'
R I tsalinh Ung, Asso te r lanner
Exhibits:
Submitted by:
PA
%. -..�& ector
IV
1. Draft Resolution No. 2007-
2. Use Permit No. 3325
3. Noise Study
4. 1998 Wieland Associates Report and Minutes of the July 23,
Commission meeting
5. Mestre Greve's Memo
6. Letters from the Linda Isle residents
7. Project Plans
1998 Planning
12)
EXHIBIT 1
DRAFT RESOLUTION
FOR DENIAL
vk
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH DENYING ACCESSORY OUTDOOR DINING
PERMIT NO. 2007 -001 FOR CONSTRUCTION AND OPERATION OF A
636-SQUARE FOOT OUTDOOR DINING AREA ON PROPERTY
LOCATED AT 333 BAYSIDE DRIVE (PA2007 -004)
WHEREAS, an application was filed by Jeff Reuter with respect to property
located at 333 Bayside Drive, and legally described as Lot A & B of Parcel Map Book 6
Page 10 (Revised #249) and Portion of Lot 1 Tract 5361, requesting approval of an
Accessory Outdoor Dining Permit to allow the construction and operation of a 636
square -foot outdoor dining area in conjunction with the existing full - service restaurant;
and
WHEREAS, a public hearing was held on June 7, 2007, in the City Hall Council
Chambers, at 3300 Newport Boulevard, Newport Beach, California. Notice of this
hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the
property and posted at the site a minimum of 10 days in advance of this hearing
consistent with the Municipal Code. Additionally, the item appeared upon the agenda for
this meeting, which was posted at City Hall and on the city website; and
WHEREAS, the establishment, maintenance or operation of the proposed
accessory outdoor dining at the subject site will be detrimental to the health, safety,
peace, comfort, or general welfare of persons residing or working in the neighborhood
or injurious to property or improvements in the area for the following reasons:
1. The existing restaurant is in close proximity to the residents on Linda Isle. The
distance and orientation of the proposed outdoor dining area directly toward the
residential uses across the bay with no solid intervening structures or devices to
reduce the noise generated by the activities common to outdoor dining areas.
2. The existing restaurant has created noise related problems for the surrounding
residential uses in the past. Noise is generated from the restaurant's designated
smoking area and from the parking lot when the patrons leave the restaurant at late
hours. The increase in the floor area devoted to dining and the increase in the
overall number of patrons that will be accommodated will have an additive effect on
the existing noise related problems; therefore, approval of this outdoor dining
application would further exacerbate the existing noise problems associated with
the current restaurant use and would in turn have a detrimental effect on the peace,
comfort and welfare of the nearby residential properties across the water.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section
15301 (Existing Facilities) of the Implementing Guidelines of the California Environmental
Quality Act.
WHEREAS, the Planning Commission finds that judicial challenges to the City's
CEQA determinations and approvals of land use projects are costly and time
0
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 2
consuming. In addition, project opponents often seek an award of attorneys' fees in
such challenges. As project applicants are the primary beneficiaries of such approvals,
it is appropriate that such applicants should bear the expense of defending against any
such judicial challenge, and bear the responsibility for any costs, attorney's fees, and
damages which may be awarded to a successful challenger; and
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby
denies Accessory Outdoor Dining Permit No. 2007 -001.
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF JUNE 2007.
AYES:
NOES:
93
Jeffrey Cole, Chairman
BY:
Robert Hawkins, Secretary
VD
EXHIBIT 2
USE PERMIT NO. 3325
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September 22, 1988
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ngresa /egress on to West Coast Highway. She said that
t parking lot is used to avoid the traffic signal at
t Avenue and West Coast Highway. Commissioner
M t
under e feet in width and not labeled as compact
parking s Zees.
Ayes •
• r
r M
Motion was vo d on to deny Use Permit No. 3323 subject
Noes +
+ t
to the findings n Exhibit "B ". MOTION CARRIED.
FINDINGS:
1. That the proposed -site parking is inadequate for
the subject take -ou restaurant and further that
said restaurant is loc ted adjacent to a residen-
tial area where the exi ing demand for on- street
parking is very high.
2. That the proposed take -out estaurant is not
compatible with the surrounding residential land
uses.
3. The approval of Use Permit No. 3323 wil under the
circumstances of the case, be detriment to the
health, safety, peace, morals, comfort and aneral
welfare of persons residing or working i the
neighborhood and will be detrimental and injur us
to property or improvements in the neighborhood a
Use Permit No. 3325 (Public Hearing) I
Item No-4
Request to increase the allowable occupancy of the U
UP3325
former Baxter's Restaurant facility, and to establish a
new parking requirement based upon "net public area ". '
'Approved
The proposal also requests to change the operational
characteristics of the former restaurant facility which
served "breakfast, lunch, and dinner, and maintained a
cocktail lounge with live entertainment and dancing.
The proposed restaurant will consist of a bar and a
dining room with incidental background music, and will
only be open for business between 5 :00 p.m. and 2:00
a.m. daily and for Sunday brunch. The proposal also
includes the utilization of on -site parking spaces and
reciprocal parking on adjoining commercial property, and
a modification to the Zoning Code so as to permit a
valet parking service.
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September 22, 1988
CITY OF NEWPORT BEACH
MINUTES
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INDEX
LOCATION: Lots A and B of Parcel Map 6 -10
(Resubdivision No. .249) and a portion of
Lot 1, Tract No. 5361, located at 333
Bayside Drive, on the southwesterly
corner of East Coast Highway and Bayside
Drive, across from the De Anza Mobile
Home Park.
ZONE: C -1 -H
APPLICANT: Hans Prager, Newport Beach
OWNER: Marvin Burton, Newport Beach
The public hearing was opened in connection with this
item, and Mr. Hans Prager, applicant, appeared before
the Planning Commission. Mr. Prager described the New
England tbemed "Yankee Tavern" Restaurant, and he stated
that said restaurant will be open during the dinner
hours and there are plans to open for Sunday Brunch.
Mr. Marvin Burton, property owner, appeared before the
Planning Commission. Mr. Burton stated that he had
conferred with the applicant regarding the findings and
conditions in Exhibit "A ", and that they had agreed with
same. Mr. Burton distributed letters from Mr. Wambaugh,
Linda Isle, and Ms. Lynne Valentine, occupant of the
ground floor on the adjacent property south of the
subject site, who are in support of the subject
application.
In response to a question posed by Commissioner Merrill,
Mr. Prager replied that the restaurant is proposed to be
open by February 1, 1989.
In response to a question posed by James Hewicker,
Planning Director, Mr. Prager replied that the
restaurant will employ their own valet service.
There being no others desiring to appear and be heard,
the public hearing was closed at this time.
Motion
Motion was made to approve Use Permit No. 3325 subject
to the findings and conditions in Exhibit "A ".
Commissioner Pers6n stated that he would support the
motion based on the applicant's successful record as a
restaurateur in Newport Beach.
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CITY OF NEWPORT BEACH
MINUTES
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Commissioner Di Sano concurred with the foregoing
statement.in support of the use permit application.
Chairman Pomeroy stated his support of the motion, and
the characteristics of the restaurant.
Motion was voted on to approve Use Permit No. 3325
subject to the findings and conditions in Exhibit "A ".
All Ayes
MOTION CARRIED.
FINDINGS:
1. That the subject proposal is consistent with the
Land Use Element of the General Plan and with the
Local Coastal Program and is compatible with the
surrounding land uses.
2. That the project will not have any significant
environmental impact.
3. That the waiver of the development standards as
they pertain to walls, utilities, parking lot
illumination, and landscaping will not be
detrimental to adjoining properties.
4. That the restaurant will be open only during those
hours when office uses on the site and in the
adjoining building are closed for business.
5. That the design of the proposed improvements will
not conflict with any easements acquired by the
public at large for access through or use of any
property within the proposed development.
6. That public improvements may be. required of a
developer per Section 20.80.060 of the Municipal
Code.
7. That the approval of Use Permit No. 3325 will not,
under the circumstances of this case, be
detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing and
working in the neighborhood, or be detrimental or
injurious to property and improvements in the
neighborhood or to the general welfare of the City.
8. That the approval of a modification to the Zoning
Code, so as to allow the use of valet parking will
not, under the circumstances of the particular
case, be detrimental to the health, safety, peace,
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CITY OF NEWPORT BEACH
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comfort and general welfare of persons residing or
working in the neighborhood of such proposed use or
be detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City and further that the proposed
modification is consistent with the legislative
intent of Title 20 of this Code.
CONDITIONS:
1. That development shall be in substantial
conformance with the approved plot plan, floor
plan, and elevations except as provided in the
following conditions.
2. That all employees of the restaurant shall park in
the shared, on -site parking lot.
3. That 64, parking spaces shall be provided for the
restaurant during restaurant operating hours.
4. That onsite parking, vehicular circulation and
pedestrian circulation systems be subject to
further review by the Traffic Engineer.
5. That handicapped parking shall be provided as
required by Code, and that the required number of
handicapped parking spaces shall be designated
solely for handicapped self parking and shall be
identified in a manner acceptable to the City
Traffic 'Engineer. Said parking spaces shall be
accessible to the handicapped at all times. A
handicapped sign on a post shall be required for
each handicapped parking space.
6. That all improvements be constructed as required by
Ordinance and the Public Works Department.
7. That all trash areas and mechanical equipment shall
be screened from views from Bayside Drive, East
Coast Highway, and adjoining properties.
8. That the operating hours of the restaurant shall be
5:00 p.m. to 2:00 a.m. Monday through Saturday, and
9:00 a.m, to 2:00 a.m. on Sundays.
9. That grease interceptors shall be installed on all
fixtures on the restaurant facility where grease
may be introduced into the drainage system in
accordance with the provisions of the Uniform
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Building Code, unless otherwise provided by the
Building Department and the Public Works
Department.
10. That kitchen exhaust fans shall be designed to
control smoke and odor to the satisfaction of the
Building Department.
11. That a washout area for refuse containers be
provided is such a way as to allow direct drainage
into the sewer system and not into the Bay or storm
drains unless otherwise approved by the Building
Department and the Public Works Department.
12. That a trash compactor be provided in the
restaurant facility.
13. That restaurant development standards pertaining to
walls, landscaping, utilities, and parking lot
illumination shall be waived. Said waiver does not
include the required.public improvements.
14. That Coastal Commission approval shall be obtained
prior to the issuance of building permits.
15. That the Planning Commission may add to or modify
conditions of approval to this use permit, or
recommend to the City Council the revocation of
this use permit upon a determination that the
operation which is the subject of this amendment
causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare
of the community.
lb. That this use permit shall expire unless exercised
within 24 months from the date of approval as
specified in Section 20.80.090 A of the Newport
Beach Municipal Code.
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That the Planning Commission may add or modify
co 'bons of approval to the use permit, or recommend to
the Ci uncit the revocation of this use permit, upon a
determinatio at the operation which is the subject of this
use permit, cause ' 'ury, or is detrimental to the health,
safety, peace, morals, ort or general welfare of the
community.
That this use permit shall expire if not rcised within 24
months from the date of approval as spe ' in Section
20.80.090A of the Newport Beach Municipal e
..:
[uest to amend a previously approved use permit which
pitted a change in the allowable occupancy of an existing
aurant located in the C -1 -H District. Said approval also
uded: a change in the operational characteristics of the
aurant so as to include a bar and dining area with background
sic; the establishment of a new parking requirement; the
:ntion of a valet parking service; the establishment of
rational hours from 5:00 p.m. to 2:00 am. Monday through
arday and 9:00 am. to 2:00 am. on Sunday; and the continued
of a reciprocal parking arrangement with an adjoining
unercial property. The proposed amendment includes a request
amend Condition No. 8 of the existing use permit so as to
mit the restaurant to be open for Saturday lunch.
110N: Lots A and B of Parcel Map 6 -10
(Resubdivision No. 249) and a portion of Lot
1, Tract No. 5361, located at 333 Bayside
Drive, on the southwesterly side of Bayside
Drive, between East Coast Highway and
Linda Isle Drive.
C -1 -H
Hans Prager, Newport Beach
Marvin Burton, Newport Beach .
-9-
INDEX
Item No.4
UP3325A
Approved
A✓ >
COMMISSIONERS
01-
January 9, 1992
MINUTES
CITY OF NEWPORT BEACH
ROLL. CALL
1NOEX
James Hewicker, Planning Director, stated that two letters of
opposition from Linda Isle residents were . received by staff
regarding the request. The concerns expressed may be a
misunderstanding of the public notice, inasmuch as the restaurant
currently is open until 2:00 a.m., and the proposed application only
establishes a lunch hour on Saturdays.
In. response to a question posed by Commissioner Edwards, Mr.
Rewicker explained that no noise problems have been registered
with the Police Department by Linda Isle residents towards the
subject restaurant.
The public hearing was opened in connection with this item, and
Mr. Jerry King appeared before the Planning Commission on
behalf of the applicant, and he concurred with the findings and
conditions in Exhibit W.
There being no others desiring to appear and be beard, the public
hearing was closed at this time.
Commissioner Debay suggested that Mr. King notify the concerned
Linda Isle residents for the purpose of clarification of the
restaurant's operating hours.
Motion
Motion was made and voted on to approve Use Permit No. 3325
Al Ayes
subject to the findings and conditions in Exhibit 'W. MOTION
CARRIED.
FMWGS
I. That the proposed development is consistent with the Land
Use Element of the General Plan and the Local Coastal
Program, Land Use plan, and is compatible with the
surrounding land uses.
2. That the project will not have any significant environmental
impact.
3. That adequate parking is available to accommodate the
proposed change in the hours of operation of the restaurant.
4. That the waiver of the development standards as they
pertain to walls, utilities, parking lot illumination, and
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N
COMMISSIONERS
CITY OF NEWPORT
January 9, l994
MINUTES
BEACH
ROLL CALL
INDEX
landscaping, will not be detrimental to adjoining properties.
S. That the approval of Use Permit No: 3325 (Amended) will
not, under the circumstances of this case, be detrimental to
the health, safety, peace, morals, comfort and general
welfare of persons residing and working in the neighborhood
or be detrimental or injurious to property and improvements
in the neighborhood or the general welfare of the City.
CON_1?iT'IONS:
1. That the proposed development shall be in substantial
conformance with the approved site plan and floor plan.
2. That all previous applicable conditions of approval for Use
Permit No. 3325 shall be fulfilled.
3. That the hours of operation of the restaurant shall be from
5:00 p.m. to 2:00 a.m. Monday through Friday and from 9:00
a.m. to 2:00 a.m. on Saturday and Sunday.
4. That Coastal Commission approval shall be obtained prior
to the establishment of the Saturday lunchtime operation of
the restaurant.
5. That a minimum of one parking space for each 41± square
feet of "net public area" (62 spaces) shall be provided during
the Saturday lunch operation of the restaurant and one
parking space for each 40 square of "net public area"
.feet
for all other hours of the restaurant's operation.
6. That the Planning Commission may add or modify
conditions of approval to the use permit, or recommend to
the City Council the revocation of this use permit, upon a
determination that the operation which is the subject of this
use permit, causes injury, or is detrimental to the health,
safety, peace, morals, comfort or general welfare of the
community.
7. That this use permit shall expire if not exercised within 24
months from the date of approval as specified in Section
20.80.090A of the Newport Beach Municipal Code.
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COMMISSIONERS
\A4' °c,'
s
CITY OF NEWPORT BEACH
MINUTES
May 4, 1995
ROLL
CALL
INDEX
ve entertainment shallVe confined to the mtenor o r e structure; an
further that when the live entertainment is performed, all windows d
doors within the restaurant shall be closed except when ente ' and
leaving by the main entrance of the restaurant.
4. That no dancing shall be perinitted in the restaurant ess the Planning
Commission approves an amendment to this use
5. That all previously applicable conditions approval of Use Permit No.
1806 (Amended) shall remain in efl a part of this approval.
6. That the Planning Commis ' n may add or modify conditions of
approval to the use pe , or recommend to the City Council the
revocation of this u rmit, upon a determination that the operation
which is the subj of this use permit, cause injury, or is detrimental to
the health, peace, morals, comfort or general welfare of the
communi
7. T this use permit shall expire unless exercised within 24 months
f the date of approval as specified in Section 20.82.090A of the
Newport Beach Municipal Code.
saa
Use Permit No. 3325 (Amended) (Public Hearing)
stem No..
Request to amend a previously approved use pemtit which permitted a
UP3325A
change in the allowable occupancy of an existing restaurant located on
property located in the RMC -H District. Said approval also included: a
Approved
change in the operational characteristics of the restaurant so as to include a
bar and dining area with background music; the establishment of a new
parking requirement; the retention of a valet parking service; the
establishment of operational hours from 5:00 p.m. to 2:00 a.m. Monday
through Friday and from 9:00 a.m. to 2:00 a.m. on Saturday and Sunday;
and the continued use of a reciprocal parking arrangement with an
adjoining commercial property. The proposed amendment requests a
change in the operational characteristics to change the opening hour to
11:00 a.m_, so as to provide lunch service on a daily basis, where the lunch
service is currently limited to Saturdays and Sundays only; and to waive a
portion of the required offstreet parking spaces for the daytime use.
-7-
;Z4
COMMISSIONERS
CITY OF NEWPORT BEACH
MINUTES
May 4, 1995
ROLL
CALL
INDEX
LOCATION: Lots A and B of Parcel Map 6 -10 (Resubdivision
No. 249) and a portion of Lot 1, Tract No. 5361,
located at 333 Bayside Drive, on the southwesterly
side of Bayside Drive between East Coast Highway
and Linda Isle Drive.
ZONE: RMC -H
APPLICANT: Hans Prager (Yankee Tavern Restaurant),
Newport Beach
OWNER: Marvin Burton, Newport Beach
James Hewicker, Planning Director, reviewed the subject application and
the existing operation as previously amended and approved.
The public hearing was opened in connection with this item, and Mr. Hans
Prager, applicant, appeared before the Planning Commission. He
concurred with the findings and conditions in Exhibit "A ".
Ms. Leanne Benvenuti, 106 Linda Isle, appeared before the Planning
Commission for a clarification of the restaurant's operation. Director
Hewicker explained that the only request is that the restaurant be allowed
to be open for lunch. She said that the Linda Isle Community Association
had concerns that the restaurant's operation would change and the change
would have a negative impact on the neighborhood.
There being no others desiring to appear and be heard, the public hearing
was closed at this time.
lotion
Motion was made and voted on to approve Use Permit No. 3225
iii Aye
(Amended) subject to the findings and conditions in Exhibit "A ".
MOTION CARRIED.
-8-
a1
COI %4MISSIONERS
CITY OF NEWPORT BEACH
t
MINUTES
May 4, 1995
ROLL
CALL
INDEX
FINDINGS:
1. That the proposed development is consistent with the Land Use
Element of the General Plan and the Local Coastal Program, Land
Use plan, and is compatible with the surrounding land uses.
1 That the project will not have any significant environmental impact.
3. That adequate parking is available to accommodate the proposed
change in the hours of operation of the restaurant.
4. That the waiver of the development standards as they pertain to a
portion of the off-street parking (30 daytime parking spaces during
the week) walls, utilities, parking lot illumination, and landscaping,
will not be detrimental to adjoining properties.
5. That the approval of Use Permit No. 3325 (Amended) will not,
under the circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of persons
residing and working in the neighborhood or be detrimental or
injurious to property and improvements in the neighborhood or the
general welfare of the City.
CONDITIONS:
1. That the proposed development shall be in substantial conformance
with the approved site plan and floor plan.
2. That all previous applicable conditions of approval for Use Permit
No. 3325 and Use Permit No. 3325 (Amended) shall be fulfilled.
3. That the hours of operation of the restaurant shall be limited
between 9:00 a.m. and 2:00 a.m., daily.
4. That Coastal Commission approval shall be obtained prior to the
establishment of the weekday daytime operation of the restaurant.
5. That a minimum of 34 parking spaces shall be provided for the
daytime operation of the subject restaurant during the week. A
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COMMISSIONERS
CITY OF NEWPORT BEACH
MINUTES
May 4, 1995
ROLL
CALL
INDEX
minimum of one parking space for each t square feet of net
public area" (62 spaces) shall be provided during the Saturday
daytime operation of the restaurant, and one parking space for each
40 square feet of "net public area" (64 spaces) for all other hours of
the restaurant's operation.
6. That the development standards pertaining to a portion of the
required parking spaces (30 daytime parking spaces during the
week) walls, utilities, parking lot illumination, and landscaping„ are
waived.
7. That the Planning Commission may add or modify conditions of
approval to the use permit, or recommend to the City Council the
revocation of this use permit, upon a determination that the
operation which is the subject of this use permit, causes injury, or is
detrimental to the health, safety, peace, morals, comfort or general
welfare of the community.
8. That this use permit shall expire if not exercised within 24 months
from the date of approval as specified in Section 20.80.090A of the
Newport Beach Municipal Code.
rsr
PernitNo.355t fContinmd Public H a'
Item No.
Request to rmit the establishment of a nautical museum in a floating
UP3551
structure curre occupied by Charley Brown's Restaurant, where the
related off - street p area is located in the RMC -H District. The
approves
proposed facility will inc exhibit space, a meeting area, a library, a
gift store and a cafe with ale beer and wine on the floating
structure, with related off - street ing on the adjoining upland
parcel. The proposal also include request to permit live
entertainment, dancing, and alcoholic bevera for various museum
functions, weddings, and other private parties.
LOCATION: Lot A , Tract No. 5361, Parcel 4 of 1 Map
93 -111 (Resubdivision No. 995) and a pore of
Block 54 of Irvine's Subdivision, located at 15
10-
9�
EXHIBIT 3
NOISE STUDY
�6
r
Wieland Associates, Inc. Acoustical Consultants
November 28, 2006 H"Jug MAN 10 M10 Project File 886 -06
(Revised March 30, 2007)
Mr. Jeff Reuter
tuna z0 add
3- Thirty -3 Waterfront Restaurant Amon" 'aag et INmy]id
333 Bayside Drive
148 0555054
Newport Beach, CA 92660
Subject: Evaluation of Noise Levels Generated by Outdoor Dining Activities
Reference: Architectural Drawings prepared by John E. Wells and Associates, Architects. No
date.
Dear Mr. Reuter,
The City of Newport Beach has requested that an acoustical study be provided as part of the process
of obtaining a permit for outdoor dining at the 3- Thirty -3 Waterfront Restaurant. This report has been
prepared in response to the City's request. Accordingly, the following sections will provide a
description of the outdoor dining area, discuss the applicable noise standards, provide the results of
our analysis, and recommend appropriate mitigation measures.
Outdoor Dining Area
The 3- Thirty -3 Waterfront Restaurant has applied for a permit to construct an approximately 736
square foot outdoor dining area at the southwest comer of the existing building at 333 Bayside Drive.
The capacity of the patio will be about 45 people. There will be no live entertainment or pre- recorded
music pertnitted at the outdoor dining area, and ail activities will cease by 10:00 p.m., Sunday
through Thursday, and by 11:00 p.m. on Friday and Saturday. As indicated on the referenced plans,
the dining area will be enclosed on the southeast and southwest sides with barriers having an
approximate height of 7' -3'h" above the floor. These barriers will consist of a 2' -8" plaster wall
topped with operable windows. The windows will be closed each night by 7:00 p.m. and will remain
closed throughout the remainder of the evening. A layer of sail cloth will cover the top of the dining
area.
Referring to Figure 1 -1, the proposed outdoor dining area is located directly across the bay from
Linda Isle, about 215 feet from the nearest residential property.
2691 Richter Avenue, Suite 107 Tel: (949) 474 1222
Irvine, CA 92606 www,wielandassoc.com Fax: (949) 474 9122
31
WA Wieland Associates, Inc. FINAL
Outdoor Dining Area
Figure 1 -1. Location of the Study Area
2 City of Newport Beach Noise Standards
The City's noise ordinance standards (Chapter 10.26) state that the allowable average exterior noise
level experienced in a residential area as a result of activities at the outdoor dining facility shall not
exceed 55 dB(A) for any 15- minute period during the daytime hours of 7:00 a.m. to 10:00 p.m
During the nighttime hours of 10:00 p.m. to 7:00 a.m. the standard is 50 dB(A). The maximum
instantaneous noise level that is permitted is 75 dB(A) during the daytime or 70 dB(A) during the
nighttime. If the ambient noise level exceeds these standards, then the ambient shall be the standard.
Although permitted by the Code, this report will take a conservative approach by trot assessing
potential impacts relative to the ambient noise level if the ambient noise level is higher than the City's
prescribed standards.
3 Ambient Noise Measurements
Measurements were obtained at the rear yard of 102 Linda Isle on the evenings of November 15 and
18, 2006 in order to identify the existing ambient noise levels in the area. This location provided
direct line -of -sight to the 3- Thirty -3 Waterfront Restaurant, and was the closest residential location to
the restaurant at which access could be obtained. During the measurements, notes were kept to
document the events that occurred, as well as the maximum noise levels generated by those events.
3- THIRTY -3 WATERFRONT RESTAURANT 2
Project Fite 886 -06 Revised Mardi 30, 2007
3
I�
FINAL
WA Wieland Associates, Inc. outdoor Dining Area
Our observations on both evenings indicate that the predominant noise source in the area is traffic on
East Coast Highway. Additional noise was generated by boats in the marina, helicopters, and aircraft
taking off from John Wayne Airport. The results of the measurements, provided in Appendix I,
indicate average ambient noise levels in the range of 51.9 to 58.0 dB(A) between the hours of 8:00
p.m. and 9:00 p.m. The maximum noise levels measured at the residence ranged from 55.1 to 70.4
dB(A). Activities at the 3- Thirty -3 Waterfront Restaurant were occasionally audible and measurable
over the ambient traffic noise. Typical maximum noise levels generated at the restaurant were 50 to
66 dB(A) due to restaurant door slamming, 54 dB(A) due to a gate slammjng, 50 to 55 dB(A) for
metal clanging (possibly from the kitchen), and 51 to 55 dB(A) for shouting in the parking lot.
An additional ambient noise measurement was obtained on the evening of March 23, 2007 at the rear
yard of 104 Linda Isle. This is the closest residential location to the proposed outdoor dining area. As
with the previous measurement, notes were kept to document the events that occurred, as well as the
maximum noise levels generated by those events. The results of the measurements, provided in
Appendix 1, indicate average ambient noise levels in the range of 49.7 to 60.6 dB(A) between the
hours of 7:00 p.m. and 11:00 p.m. The maximum noise levels measured at the residence ranged from
59.7 to 77.7 dB(A). Activities at the 3- Thirty -3 Waterfront Restaurant were occasionally audible and
measurable over the ambient traffic noise. Typical maximum noise levels generated at the restaurant
were 47 dB(A) due to people talking, and 52 to 64 dB(A) for car horns in the parking lot.
4 Analysis of Dining Area Noise Levels
In order to characterize the noise levels that will be generated by the proposed outdoor dining area,
additional measurements were obtained on the evening of November 24a at a location approximately
24 feet from the outdoor dining area at the Blue Fish Grill, 630 Lido Park Drive, in Newport Beach.
This outdoor dining area was characterized by the client as being representative of the type of dining
experience and activity level expected at the 3- Thirty -3 Waterfront Restaurant. During the course of
the measurement there were approximately 12 to 15 people at the Blue Fish Grill's dining area. There
were no barriers or other obstructions to block the noise generated by the activities at the outdoor
dining area. The results of the measurement indicate an average noise level of 53.3 dB(A) and a
maximum noise level of about 57 dB(A). It is noted that the measured average noise level provides
excellent agreement with published data for human speech with a vocal effort between a "normal"
and "raised" level', which is consistent with what was experienced on the evening of the 24d.
Assuming that the noise levels treasured at the Blue Fish Grill are representative of those that will be
generated at the 3- Thirty -3 Waterfront Restaurant, an analysis can then be conducted to estimate the
' Referring to Handbook of Acoustical Measurements and Noise Control, edited by Cyril Harris, the average
speech level is 58 dB(A) for males and 55 dB(A) for females at a distance of I meter with "normal" vocal
effort, and 65 dB(A) for males and 62 dB(A) for females at a distance of 1 meter with "normal" vocal effort.
The measured average noise level of 53.3 dB(A) at 24 feet is equivalent to one person producing a speech level
of 60 dB(A) at 1 meter.
3- THIRTY -3 WATERFRONT RESTAURANT 3
Project File 886 -06 Revised March 30, 2007 ,, q
W Wieland Associates, Inc. FINAL
Outdoor Dining Area
noise levels that will be experienced at the residences on Linda Isle. The analysis used in this study is
based on standard prediction algorithmsz for favorable propagation of noise (i.e., the algorithm takes
into account atmospheric and ground conditions that tend to favor noise propagation to a receiver).
The results of the analysis, provided in Appendix II, indicate an average noise level of about 46
dB(A) at the nearest residential property (about 215 feet away). The maximum noise level will be
about 50 dB(A). These are the estimated noise levels that will be experienced during the daytime
hours when the barrier windows at the outdoor dining area are open. Both of these levels are well
below the City's daytime noise ordinance standards of 55 dB(A) for an average noise level and 75
dB(A) for a maximum noise level. When the barrier windows at the outdoor dining area are closed, it
is estimated that the average and maximum noise levels will be 32 dB(A) and 36 dB(A), respectively,
at the Linda Isle residences. Both of these levels are well below the City's nighttime noise ordinance
standards of 50 dB(A) for an average noise level and 70 dB(A) for a maximum noise level.
Because of community concerns, it may be useful to consider the measured noise levels obtained as
part of a previous study at the outdoor dining areas associated with the Charthouse restaurant and
Billy's in Newport Beach. These two establishments have a somewhat more "boisterous" outdoor
dining environment than is anticipated for the 3- Thirty -3 Waterfront Restaurant, and therefore
produce higher noise levels. During the measurement there were approximately 14 to 20 people at the
Charthouse dining area, and 20 to 30 people at the Billy's dining area (which has a bar). These two
dining areas are located side -by -side, are surrounded by an approximately 7 -foot high glass wall, and
are separated from each other by another glass wall of the same height. The results of the
measurement indicate an average noise level of 59.5 dB(A) and a maximum noise level of 67.4 dB(A)
at a point about 20 feet from the center of the two dining areas.
Using the same analytical procedures as discussed earlier, an analysis was conducted to estimate the
noise levels that will be experienced at the residences on Linda Isle. The results of the analysis,
provided in Appendix II, indicate an average noise level of about 53 dB(A) at the nearest residential
property (about 215 feet away). The maximum noise level will be about 61 dB(A). These are the
estimated noise levels that will be experienced during the daytime hours when the barrier windows at
the outdoor dining area are open. Both of these levels are below the City's daytime noise ordinance
standards of 55 dB(A) for an average noise level and 75 dB(A) for a maximum noise level.
When the barrier windows at the outdoor dining area are closed, it is estimated that the average and
maximum noise levels will be 39 dB(A) and 47 dB(A), respectively, at the Linda Isle residences.
Both of these levels are well below the City's nighttime noise ordinance standards of 50 dB(A) for an
average noise level and 70 dB(A) for a maximum noise level.
2 Handbook of Acoustical Measurements and Noise Control.
3-THIRTY-3 WATERFRONT RESTAURANT
Project File 886.06
Harris. 1998
4
Revised March 30, 2007
J
WA FINAL
Wieland Associates, Inc.
Outdoor Dining Area
5 Assessment of Impact
Based on the analysis of Section 4 and the assumptions of Section 1, it is expected that the estimated
average and maximum noise levels generated by activities at the 3- Thirty -3 Waterfront Restaurant
outdoor dining area will comply with the City's noise ordinance standards.
6 Mitigation
Referring to Section 5, no significant impacts are assessed for the proposed project; therefore,
additional mitigation is not required.
7 Conclusion
Based on the results of our study and analysis, it is concluded that the outdoor dining activities at the
3- Thirty -3 Waterfront Restaurant will comply with the City's noise standards.
It should be noted that, despite compliance with the City standards, activities at the proposed outdoor
dining area will be audible and discernible at the nearby residences. This is due to the fact that the
type and character of the noise generated by the dining activities is different from that of the ambient
traffic noise.
Thank you for this opportunity to provide you with acoustical consulting services. If you have any
questions, please do not hesitate to call us at 9491474 -1222.
Sincerely,
WIELAND ASSOC
David L. Wieland
Principal Consultant
3- THIRTY -3 WATERFRONT RESTAURANT 5
Project File 886 -06 Revised March 30, 2007 35
Appendix
Noise Measurements
3�
Table 1 -1. Summary of Noise Measurements at 102 Linda Isle
31
Table I -2. Summary of Noise Measurements at 102 Linda Isle
1b
Table I -3. Single Event Noise Level Measurements
Project: 3- Thirty -3 Waterfront Restaurant
Date: 11/15/2006
Position: At rear of 102 Linda Isle
Time: 7.55pm to 9.00pm
1
8:00 PM
Truck horn on PCH
52.5
2
8:02 PM
Car accelerating on PCH
54.8
3
8:03 PM
Helicopter overhead
64.2
4
8:04 PM
Impact from PCH - loose cover?
5
8:05 PM
Aircraft
65.0
6
8:05 PM
Car started in 3Thirty3 carpark
7
8:06 PM
Loud vehicle driving on PCH
58.5
8
8:07 PM
Aircraft
57.0
9
8:07 PM
Rustling in tree near SLM - caused by animal?
10
8:08 PM
Impacts from PCH - loose cover?
55.0
11
8:08 PM
Car door slamming and people talking in 3Thirty3 carpark
12
8:08 PM
Restaurant door slamming at 3Thirty3
66.3
13
8:10 PM
Impact from Boat hitting wall nearby
54.5
14
8:10 PM
Truck accelerating on PCH
15
8:12 PM
Impact from Boat hitting wall nearby
54.1
16
8:12 PM
Motorcycle accelerating on PCH
54.0
17
8:13 PM
Restaurant door opening at 3Thirty3
18
8:13 PM
JLoud. bus driving on PCH
56.1
19
8:14 PM
Motorcycle accelerating on PCH
57.8
20
8:15 PM
Car accelerating on PCH
21
8:17 PM
Impacts from PCH - loose cover?
53.6
22
8:17 PM
Loud car on PCH
56.9
23
8:17 PM
Heavy truck driving on PCH
55.9
24
8:18 PM
Restaurant door slamming at 3Thirty3
52.0
25
8:18 PM
ILoud car on PCH
58.6
26
8:19 PM
Loud car on PCH
54.6
27
8:20 PM
Impacts from PCH - loose cover?
52.6
28
8:21 PM
Loud car on PCH
54.0
29
8:22 PM
Aircraft and heavy truck on PCH (simultaneously)
55.0
30
8:24 PM
Impacts from PCH - loose cover?
54.0
31
8:24 PM
Aircraft - flvine overhead from North
64.5
Wieland Associates, Inc.
3�
Table I -3. cont, Single Event Noise Level Measurements
Project: 3Thirty3 Outdoor Dining Area
Date: 11/15/2006
Position: At rear of no. 102 Linda Isle
Time: 7.55pm to 9.00pm
32
8:25 PM
Clanging from 3Thirty3 - kitchen noises?
55.3
33
8:26 PM
Aircraft
54.3
34
8:26 PM
Impacts from PCH - loose cover?
56.0
35
8:27 PM
Impacts from PCH - loose cover?
53.8
36
8:27 PM
Heavy truck driving on PCH
57.5
37
8:28 PM
Loudspeaker announcement on bus on PCH
55.3
38
8:30 PM
Brake or tyre squeal from PCH
49.8
39
8:30 PM
Loud car on PCH
54.9
40
8:31 PM
Loud car on PCH
52.3
41
8:32 PM
Shouting from resaurant carpark
53.9
42
8:32 PM
Shouting from resaurant carpark
54.7
43
8:33 PM
Shouting from resaurant carpark
50.8
44
8:33 PM
Loud motorcycle on PCH
52.4
45
8:33 PM
Loud car on PCH
55.2
46
8:33 PM
Car horn
55.4
47
8:34 PM
Clanging from 3Thirty3 - kitchen noises?
49.6
48
8:35 PM
I Shouting from resaurant carpark
49
8:36 PM
Car horn
52.8
50
51
8:36 PM
8:37 PM
Homeowner talkie (recorded before pausing SLM)
Shouting from resaurant carpark
56.0
51.0
52
8:37 PM
Loud car on PCH
52.8
53
8:39 PM
Loud car on PCH
54.2
54
8 :40 PM
Clanging from 3Thirty3 - kitchen noises?
54.9
55
8:40 PM
Restaurant door slamming at 3Thirty3
49.8
56
8:40 PM
Loud car on PCH
53.9
57
8:40 PM
Heavy truck driving on PCH
54.1
58
8:42 PM
Aircraft
63.0
59
8:43 PM
Loud motorcycle on PCH
53.7
60
8:45 PM
Loud car on PCH
61
8:45 PM I
Loud motorcycle on PCH
58.4
62
8:46 PM I
Clanging from 3Thirty3 - kitchen noises?
52.8
Wleland Associates, Inc.
Table I -3. cunt, Single Event Noise Level Measurements
Project: 3Thirty3 Outdoor Dining Area
Date: 11/15/2006
Position: At rear of no. 102 Linda Isle
. _ n nn-.
Wieland Associates, ino.
Table I -4. Noise Survey
Project: 3- Thirty -3 Waterfront Restaurant
Position: On boardwalk adjacent to outdoor
dining area at the Blue Fish Grill
Date: November 24, 2006
Time: Noted
Noise Source: Ambient traffic and activities at
outdoor dining area
Distance: 24' from outdoor dining area
SLM Height: 5'
LD 820 S/N: 0996
LD CAL250
Calibrator SIN: 2966
Operator: David Wieland
80.0
75.0
70.0
65.0
S 60.0
55.0
O
z 50.0
45.0
40.0
1 I I I
I
I I ( I
L
I 1 I I
- --- -
-----=-- - - - -I- - - - - -=
-----
I 1 I
I 1 I I
I I
I 1
I I I
1 ! 1 1
I I I I
I
I 1 I I
0 20 40 60 80 100
Percent of Time Noise Level is Exceeded
" Leq is the average sound level during the measurement period.
Ln is the sound level exceeded n% of the time during the measurement period.
Lmax and Lunn are the maximum and minimum sound levels during the measurement period.
WIELIND ASSOCIATES, INC.
qda
I
I
11
MENI
-
---
©MMM
----
MMMM
M---
MM
M
MM--
MM--
MMMM
M®--
MM--
MM
M
-
---
M®--
MM-MI
MM--
" Leq is the average sound level during the measurement period.
Ln is the sound level exceeded n% of the time during the measurement period.
Lmax and Lunn are the maximum and minimum sound levels during the measurement period.
WIELIND ASSOCIATES, INC.
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I
Table 1-5. Summary of Noise Measurements Obtained at 104 Linda Isle
23- Mar -07
7:00 -7:15 pm
54.7
66.8
23- Mar -07
7:15 -7:30 pm
60.5
70.0
24- Mar -07
7:30 -7:45 pm
60.6
76.4
23- Mar -07
7:45 -8:00 pm
1 52:0
59.7
24- Mar -07
8:00 -8:15 pm
58.4
69.7
23- Mar -07
8:15 -8:30 pm
57.8
71.4
23- Mar -07
8:30 -8:45 pm
54.4
71.1
23- Mar -07
8:45 -9:00 pm
54.2
66.4
23- Mar -07
9:00 -9:15 pm
56.2
69.3
23- Mar -07
9:15 -9:30 pm
58.4
76.4
23- Mar -07
9:30 -9:45 pm
53.8
67.2
23- Mar -07
9.45 -10:00 pm
54.3
67.4
23- Mar -07
10:00 -10:15 pm
55.9
69.5
23- Mar -07
10:15 -10:30 m
49.7
64.7
23- Mar -07
10:30 -10:45 m
49.7
64.0
3_ r.5
10:45 -11:00 m
56.1
77.7
k�3
Table 15. Summary of Noise Measurements Obtained at 104 Linda Isle
INIMM
23- Mar -07
7:00 -7:15 pm
i.
54.7
66.8
23- Mar -07
7:15 -7:30 pm
60.5
70.0
24- Mar -07
7:30 -7:45 pm
60.6
76.4
23- Mar -07
7:45 -8:00 pm
52.0
59.7
24- Mar -07
8:00 -8:15 pm
58.4
69.7
23- Mar -07
8:15 -8:30 pm
57.8
71.4
23- Mar -07
1 8:30 -8:45 pm
54.4
71.1
23- Mar -07
8:45 -9:00 pm
54.2
66.4
23- Mar -07
9:00 -9:15 pm
56.2
69.3
23- Mar -07
9:15 -9:30 pm
58.4
76.4
23- Mar -07
9:30 -9:45 pm
53.8
67.2
23- Mar -07
9:45 -10:00 pm
54.3
67.4
23- Mar -07
10:00 -10:15 pm
55.9
69.5
23- M2r -07
10:15 -10:30 m
49.7
64.7
23- Mar -07
10:30 -10:45 m
49.7
64.0
23- Mar -07
10:45 -11:00 m
56:1
77.7
W
Table I -6. Single Event Noise Level Measurements
Project: 3- Thirty -3 Waterfront Restaurant
Date: 3/23/2006
Position: At rear of 104 Linda Isle
Time: 7.00pm to 11.00pm
Wieland Associates, Inc.
Table I - -6. cont, Single Event Noise Level Measurements
Project:
3- Thirty -3 Waterfront Restaurant
Date:
3/23/2006
Position:
At rear of 104 Linda Isle
Till:,
7.00pm to 1 I.00pm
32 8:18 PM Auto horn
33
8:19 PM Jet aircraft
34
8:22 PM Jet aircraft
35
8:25 PM Jet aircraft
36
8:28 PM People talb
37
8:34 PM Jet aircraft
38
8:37 PM Jet aircraft
39
8:44 PM Loud SUV
40
8:46 PM Jet aircraft
41
8:47 PM Electric boat
42
8 :49 PM Propeller afire
43
8 :51 PM Jet aircraft
44
8:55 PM Jet aircraft
45
8:58 PM Pro filer airs
46
8:58 PM Car horn in a
47
8:59 PM Kayakers rowi
48
9:00 PM Boat rower
49
9 :02 PM Car horn
50
51
9:04 PM Car horn in par
9:06 PM Loud car
52
9:08 PM Motorcycle
53
9:09 PM Loud car
54
9:09 PM Jet aircraft
55
9:13 PM Motorcycle
56
9:14 PM Jet aircraft
57
9:18 PM Pro ller
58
9:21 PM Aircraft
59
9 :22 PM Jet aircraft
60
9 :26 PM Jet aircraft
61
9:29 PM Jet aircraft
62
9:31 PM Jet aircraft
Wieland Associates, Inc,
!n parking lot of
lot of
67
64
71
68
57
55
53
52
54
53
59
67
55
69
68
75
67
Table I -6. coat, Single Event Noise Level Measurements
Project: 3- Thirty -3 Waterfront Restaurant
Date: 3/23/2006
Position: At rear of 104 Linda isle
Time: 7.00pm to 11.00pm
Wieland Associates, Inc. qt
Appendix H
Noise Level Analysis
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50
EXHIBIT 4
1998 WIELAND
ASSOCIATES REPORT
AND MINUTES OF THE
JULY 23, 1998
PLANNING
COMMISSION MEETING
5►
• • ._11
To: The Planning Commissioners
CC: Sharon Wood, Patricia Temple
From: Janet Johnson
Date: 07/20/98
Re: Noise Standards and Mitigation Methodologies
Please find attached for your review a report prepared by David Wieland, of Wieland
Associates, relative to Discussion Item A on the agenda for the July 23'd Planning
Commission Meeting.
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May 11, 1998 Project File 98010
(Revised July 17, 1998)
Ms. Sharon Wood, Assistant City Manager
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Subject: Review of Noise Standards In Relation to Intrusion from
Restaurants into Residential Areas
Dear Ms. Wood,
It is our understanding that in the recent past the City of Newport Beach has
experienced numerous citizen complaints regarding intrusive noise levels
from activities at nearby restaurants. There are several noise sources
associated with the operation of a typical restaurant. These include:
mechanical equipment (fans, air conditioners, etc.), music, people laughing
and talking in the restaurant and parking lot, plates clattering, kitchen
activities, late night/early morning deliveries, and late night disposal of trash.
Of these, it is our experience that most community annoyance is associated
with music and speech (i.e., people laughing, talking, or singing).
Because of the City's concern, a subcommittee has been formed to determine
what, if anything, can be done to alleviate the problem. To assist in this effort
we have been asked to review the City's noise standards, as well as those of
several other communities, with regard to how they deal with noise intrusion
from restaurant activities. The following report summarizes our findings,
assesses the adequacy of the City's standards, and, where appropriate,
suggests changes that will reduce the number of citizen complaints.
City of Newport Beach Noise Standards
With respect to controlling noise intrusion from restaurant activities, the City
of Newport Beach has two sets of standards: Chapter 5.28 "Live
Entertainment Establishments " and Chapter 10.26 "Community Noise
Control. " The latter is commonly referred to as the City's noise ordinance.
The standards of Chapter 5.28 apply only to those restaurants that provide live
Wieland Associates
entertainment. Noise from recorded entertainment, juke boxes, televisions,
etc., is subject to the provisions of the Chapter 10.26 noise ordinance
Acoustical Consultants
standards.
23276 South Pointe Drive
suite 114
RECEIVED BY
PLANNING DEPARTMENT
Laguna Hills, CA 92633
CITY OF NEWPORT BEACH
Tel: 9491829 -6722
Fax: 949/829 -6670
JUL ` 01998
DLW1e1and @aoLc m
AM PM
www.wielandas wxom
71819i1011111811181S141B�8
CITY OF NEWPORT BEACH
Project File 9x010
Chapter 5.28
Section 5.28.040, Paragraph B(3) of Chapter 5.28 states "The premises within which the
entertainment is located shall provide sufficient sound absorbing insulation so that noise
generated inside the premises shall not be audible anywhere on adjacent property or
Public right -of -way or within any other building or other separate unit within the same
building. " In addition, Section 5.28.050, Paragraph C states that the City Manager may
revoke the operating permit for the establishment if "Music or noise from the
establishment for which the permit was issued interferes with the peace and quiet of the
neighborhood. " It should be noted that the Chapter 5.28 standards are qualitative, or
subjective, in nature. That is, there is no quantifiable limit on the amount of live
entertainment noise that can occur outside of the restaurant, only that it can't be heard.
Cha t� er 10.26
The City's noise ordinance standards (Chapter 10.26) state that the allowable average
exterior noise level experienced in a residential area as a result of restaurant activities
shall not exceed 55 dB(A) for any 15- minute period during the daytime hours of 7:00
a.m. to 10:00 p.m. During the nighttime hours of 10:00 p.m. to 7:00 a.m. the standard is
50 dB(A). The maximum instantaneous noise level that is permitted is 75 dB(A) during
the daytime or 70 dB(A) during the nighttime.
Noise Ordinances
Most communities, such as Newport Beach, recognize that noise is both a potential health
hazard and a source of annoyance and so have adopted a noise ordinance to control
intrusion between adjacent areas. The majority of noise ordinances have two types of
standards: quantitative and qualitative. The former, quantitative standards, specify
maximum noise levels that the community considers acceptable, usually based on the
zoning of the noise receiver (residential, commercial, etc.). Qualitative standards are, by
their nature, subjective and generally state that any noise, regardless of its quantitative
U level, violates the noise ordinance if it causes annoyance to a "reasonable" person of
"normal sensitivity."
Q
Quantitative noise ordinance standards vary from community to community but generally
take two forms:
• Those that limit average noise levels over a specified time period (e.g., the noise level
rr4 shall not exceed 50 dBA when measured for 15 minutes), and
• Those that establish "tiered" limits for various time periods (e.g., the noise level shall
not exceed 50 dBA for more than 30 minutes in an hour, or 55 dBA for more than 15
r•�,i minutes in an hour, etc.).
For the purpose of this report we have reviewed the noise ordinance standards of ten
communities, including the City of Newport Beach, as well as the Model Community
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CITY OF NEWPORT BEACH
Pmject Fs1e 98010
Noise Ordinance developed by the State of California Department of Health. The
following table classifies these noise ordinances by type:
City of San Diego City of Los Angeles
City of Irvine
City of Huntington Beach
County of Orange
City of Costa Mesa
State's Model Noise Ordinance
As can be seen the majority of communities whose noise ordinances we reviewed have
tiered limits. This reflects the fact that most communities in Southern California also
have tiered limit noise ordinances. The tenth community whose noise ordinance we
reviewed, the City of Laguna Beach, has only qualitative standards.
Noise Ordinance Application to Intrusion from Restaurant Activities
As indicated in the previous section, there are generally two types of noise ordinances
(quantitative and qualitative), and two forms of quantitative noise ordinance standards
(average noise level limits and tiered noise level limits). In addition, each community
noise ordinance specifies corrections, prohibitions or other limits on certain noise-
producing activities to minimize the potential for annoyance. This section of the report
will examine these characteristics of a typical noise ordinance, their use in the ten
community noise ordinances examined for this report, and their effectiveness in
mitigating impacts from restaurant activities.
Quantitative vs. Qualitative Noise Ordinance Standards
A good community noise ordinance will have both quantitative and qualitative standards.
The former provide an early warning to the architect, developer and City review staff that
noise must be considered in the design of the proposed restaurant. Quantitative standards
also provide an easy means of assessing compliance with the noise ordinance. The value
of qualitative standards lies in the fact that quantitative standards do not always serve as
an accurate barometer of community annoyance. Allowing a restaurant to generate 50
dB(A) of activity noise may not generate annoyance in a residential area that is exposed
to high levels of traffic and commercial noise, but will likely generate annoyance in a
quiet suburb where the ambient noise level is only 3040 dB(A). Qualitative standards
give recourse to the citizens when the quantitative standards fall short.
With the exception of the City of Laguna Beach, all of the community noise ordinances
we reviewed for this report have both quantitative and qualitative standards.
e,:5
CITY OF NEWPORT BEACH
Pwjmffile 98010
Average Noise Level Limits vs. Tiered Noise Level Limits
For a continuous noise source such as a fan or air conditioning unit, noise ordinances
with either average noise level limit or tiered noise level limit quantitative standards will
be equally appropriate for assessing noise intrusion. However, when the noise source
varies in noise level or is sporadic in nature, as in the case with restaurant activities,
tiered noise level limit standards are more appropriate for assessing noise impacts. This is
because tiered limits are specifically designed to account for and allow for varying noise
levels and people's reaction to them. A sporadic noise source, even one that generates a
very high noise level, will, over a long period of time, generate a low average noise level.
Thus, the activities at a restaurant could exceed a tiered noise level standard, but comply
with an average noise level standard.
As indicated previously, the City of Newport Beach has an average noise level limit
standard. Most communities in Southern California have a tiered noise level standard,
which is the type of standard recommended in the State of California's Model
Community Noise Ordinance.
Corrections for LTe of Noise
A number of communities apply corrections to their noise ordinance standards to allow
for people's greater sensitivity to certain types of noise. Generally these types of noise
are pure tones, impact noise, speech and/or music. When the offending noise possesses
any of these qualities the standards are made 5 dB more stringent. Because restaurant
activity noise usually possesses one of these qualities, this correction provides an
effective means of addressing annoyance potential.
The City of Newport Beach noise ordinance does not provide any corrections for noise
-4 character. Of the remaining noise ordinances that were reviewed for this report, all of
them provided corrections except for those of the City of San Diego and the City of
Laguna Beach (which, as stated previously, does not have quantitative noise standards).
® Audibility Restrictions
Some community noise ordinances provide restrictions on the audibility of certain types
of noise, usually music or live entertainment. These restrictions address the increased
annoyance potential associated with noise that contains music or speech at those
restaurants that provide either recorded or live entertainment. This restriction is similar to
the 5 dB correction discussed in the previous section; however, while the previously
discussed correction is a quantitative standard, the audibility restriction is a qualitative
�1 standard. Thus, it is difficult to enforce or design to. In addition, the audibility restriction
applies only to music or speech noise associated with entertainment at a restaurant, not to
restaurant or patron activities. A further complication associated with audibility
restrictions is that, due to variations in atmospheric conditions, a noise source that is
usually inaudible may on occasion be audible at some areas.
4
J
Crry OF NEWPORT BEACH
Project File 98010
-- The City of Newport Beach's noise ordinance (Chapter 10.26) contains no audibility
restrictions. However, Chapter 5.28 of the City's code contains restrictions on the
audibility of live entertainment, but not recorded entertainment. The following table
summarizes the audibility restrictions provided in the noise ordinances of the ten
communities we reviewed for this study:
1
•
City of Newport Beach Live entertainment only. Noise shall not be audible anywhere on adjacent
erty or ublic right -of -way.
City of Irvine
No restrictions.
City of H ton Beach
No restrictions.
County of a
No restrictions.
City of Costa Mesa
No restrictions.
County of Los Angeles
City of Los Angeles
No restrictions.
Live or recorded entertainment shall not be audible in excess of 150' from
the property line of the noise source, within any residential zone or within
500' of a residential zone.
City of San Diego
Live or recorded entertainment shall not be audible 50' from the building
between the hours of 10:00 p.m. and 8:00 a.m
City of Lagtuta Beach
Live or recorded entertairmtent sbail not be audibly 50' from the building
between the hours of 11:00 p.m. and ?:00 am.
State's Model Ordinance
No restrictions.
Assessment of the City of Newport Beach Noise Standards
As indicated in the previous sections, noise ordinances can have many qualities and
characteristics that make them more or less appropriate for addressing the potential
impacts associated with the noise levels generated by restaurant activities. The following
table lists each of the characteristics discussed in this report, identifies those
characteristics that are most appropriate for assessing restaurant noise impacts, and
identifies whether the appropriate characteristics are included in the City of Newport
Beach's noise standards:
In summary, the City of Newport Beach noise standards are not considered adequate for
assessing the potential impact of restaurant activity noise levels for the following reasons:
• The noise levels generated by activities at a typical restaurant vary considerably over
time. In addition, a number of the noise sources associated with a restaurant are
5
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CITY OF NEWPORT BEACH
Project Filo 98010
sporadic and of short duration. By addressing only average noise levels, the City's
noise standards cannot adequately address the annoyance potential of these variable
and sporadic noise levels.
• The City's standards do not address the character of the intruding noise. People
typically respond with greater annoyance to noise that contains speech or music,
noise that is repetitive (e.g., a drum beat), that is impulsive (e.g., a drum beat or plate
clatter), or that contains a pure tone (e.g., fans and air conditioners).
• The audibility restrictions of the City's noise standards are inconsistent in that they
apply only to live entertainment. Thus, a restaurant that provides live entertainment
must often go to extraordinary lengths to ensure that their music isn't audible, while
those restaurants that provide recorded music only have to comply with the less
restrictive noise ordinance standards of Chapter 10.26 which contain no audibility
restrictions.
Suggested Changes for Mitigating Restaurant Noise Impacts
The City of Newport Beach faces two situations today with regard to restaurant noise
impacts at residential areas. These are: 1) Impacts from existing restaurants, and 2)
Potential impacts from future restaurants that have yet to be proposed or developed. The
following are suggested changes to the City's standards and procedures that will mitigate
these impacts:
Both existing and future restaurant activity impacts would benefit from improvements
to the City's noise standards. The City should consider including a correction to its
standards for noise character (e.g., speech, music, etc.), and eliminating the
inconsistency between the Chapter 5.28 and Chapter 10.26 standards regarding
audibility restrictions on only live entertainment. Existing restaurants should be
provided with a reasonable time in which to comply with the changes.
As part of its permitting process, the City should require that all restaurant developers
submit a study prepared by a recognized acoustical engineer showing compliance
with the City's noise standards. The City should require that the report specifically
address potential impacts from music, speech, patron activities, mechanical
equipment, kitchen operations and other such activities typically associated with the
operation of a restaurant. The report should also address the atmospheric and
topographical characteristics typical of Newport Beach and the effects these
characteristics have on the propagation of noise from the proposed restaurant to
nearby residential areas.
It is not suggested that the City identify specific restaurant design features in its
conditions of approval for a proposed restaurant. These measures can be overly restrictive
in some cases, and in other cases may not adequately resolve the potential problem.
W
CITY OF NEWPORT BEACH
Project File 96010
Finally, and perhaps most importantly, there must be an understanding that noise impacts,
particularly from existing restaurants that are in close proximity to residential areas,
cannot be completely eliminated. Cooperation between the City, the restaurant owner,
and the homeowners is essential in order to minimize annoyance.
We appreciate the opportunity to provide you with this report. If you have any questions,
please feel free to call us at 949/829 -6722.
Sincerely,
Wieland
Consultant
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51
City of Newport Beach
Planning Commission Minutes
July 23, 1998
Presentation by David L. Wieland, of Wieland Associates, regarding City noise
standards and mitigation methodologies.
Discussion by Commission included:
• City has average noise level standards.
• City Noise Ordinance does not contain any corrections for noise character.
• Quantitative versus Qualitative Noise Ordinance Standards.
• Average noise level limits versus tiered noise level limits.
• Corrections for types of noise.
• Audibility restrictions.
• Suggested changes for mitigating restaurant noise impacts.
• Requirement of acoustical study of new applicants.
• Compliance required by City of Newport Beach.
• Boyfront Restaurant Regulations Sub - committee recommendation t
acoustical studies.
• Cost of study from $1,200 to $1,600.
• Application of noise regulations to off -site noise such as parking and patrc
exiting.
• Sound travels the same over water and land
• Noise Ordinance update is not adequate
Robert San Miguel Residence
221, 223 and 225 Carnation Avenue
• Variance No. 1222
• Coastal Residential Development Permit No. 24
Variance request Yg permit the construction of a new duplex that will exceed
the permitted height ii iit by approximately5 to 14 feet on the north side of the
property and i to 5 feef` en the south side of the property. Also included is a
Coastal Residential Development Permit (CRDP) for the purpose of establishing
project compliance pufsuan�__ the Administrative Guidelines for the
implementation of the State Law to Low and Moderate Income
Housing within the Coastal Zone. "
Mrs. Genia Garcia, Associate Planner noted thN meeting was held between
the applicant and the homeowners in the area oNVlednesday to discuss the
project. Story poles were erected on the site Friday, a there is an additional
exhibit for presentation this evening by the architect. ,
Commissioner Adams stated, for the record, that he
between the architectand the homeowners.
meeting
Commissioner KranAey noted, for the record, that he was absent at the
INDEX
Discussion Item
Item No. t
V No. 1222
CRDP No. 24
R
EXHIBIT 5
M ESTRE G REVE'S
MEMO
�p�
Mestre Greve Associates
May 31, 2007
Mr. David I.epo
Planning Director
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: 333 Bayside Outdoor Dining Patio — Noise Issue (Report #07 -104)
Dear David:
Per your request I have prepared this letter regarding the potential noise impacts of the
proposed outdoor dining patio for 333 Bayside. Wieland Associates, on behalf of the project
applicant, has provided a noise study projecting the potential noise levels generated by the
proposed project. The intent of this letter is to better describe how the noise levels generated
by the proposed dining patio will be perceived by the nearby residents, and to aid the
Planning Commission in their finding of whether or not the project will be intrusive for
nearby residences. This requirement was instituted by the Planning Commission. The City
had been receiving noise complaints from residents even when noise levels were below the
limits in the City Noise Ordinance. The required finding for this project is that the project not
"be detrimental to the health, safety, peace, comfort and general welfare..." of the residents.
The requirement that the project not reduce the `peace' and `comfort' implies a level of
protection from noise greater than provided in the City Noise Ordinance, and this is consistent
with past experience in the City with this type of project. Therefore, any noise study
conducted for the proposed project should go beyond what is simply required by the noise
ordinance, and determine among other things whether the noise from the project will be
audible at the nearby residential areas.
The project will incorporate several features that are intended to minimize the noise impact of
the project. These features are assumed to be in place in the following discussion of the
potential noise impacts. The noise mitigation includes the following.
1. The capacity of the patio will be limited to 45 people.
2. There will be no live entertainment or pre- recorded music at the dining patio area.
27812 El Lazo Road • Laguna Niguel, CA 92677 • (949) 349 -0671 • Fax (949) 349 -0679
�V
333 Bayside
Page 2 of 5
3. All activities will cease by 10:00 p.m. on Sunday through Thursday and 11:00 p.m. on
Friday and Saturday.
4. The dining area will be enclosed on the southeast and southwest sides with barriers
having an approximate height of 7'- 31/2" above the floor. The barriers will consist of
a 2' -8" plaster wall topped with operable windows. The windows will be closed each
night by 7:00 p.m. and will remain closed throughout the remainder of the evening.
Noise Scales
Sound is technically described in terms of the loudness (amplitude) of the sound and
frequency (pitch) of the sound. The standard unit of measurement of the loudness of sound is
the decibel (dB). Decibels are based on the logarithmic scale. The logarithmic scale
compresses the wide range in sound pressure levels to a more usable range of numbers in a
manner similar to the Richter scale used to measure earthquakes. In terms of human response
to noise, a sound 10 dB higher than another is judged to be twice as loud; and 20 dB higher
four times as loud; and so forth. Since the human ear is not equally sensitive to sound at all
frequencies, a special frequency - dependent rating scale has been devised to relate noise to
human sensitivity. The A- weighted decibel scale (dBA) performs this compensation by
discriminating against frequencies in a manner approximating the sensitivity of the human
ear. Community noise levels are measured in terns of the "A- weighted decibel," abbreviated
dBA. Exhibit 1 provides examples of various noises and their typical A- weighted noise level.
Noise levels at any location are constantly fluctuating. Therefore, noise scales are used
characterize the fluctuating noise levels. The City of Newport Beach Noise Ordinance uses
two scales to characterize the noise exposure; the equivalent noise level (Leq) and the
maximum noise level (Lmax).
Leq is the sound level corresponding to a steady -state sound level containing the same total
energy as a time - varying signal over a given sample period. LEQ is the "energy" average
noise level during the time period of the sample. LEQ can be measured for any time period,
but is typically measured for 1 hour. It is the energy sum of all the events and background
noise levels that occur during that time period.
Lmax is the loudest sound during a measurement period. It is the instantaneous peak noise
level that is achieved. There may be other noise levels that are nearly as loud, but there is
only one Lmax level for each measurement period.
For residential land uses, the City of Newport Noise Ordinance limits noise levels generated
by noise sources on nearby parcels to an Leq of 55 dBA and an Lmax of 75 dBA during the
daytime (7 a.m. to 10 p.m.). During the nighttime the limits are reduced by 5 dB to an Leq of
50 dBA and an Lmax of 70 dBA.
IN
333 Bayside
Page 3 of 5
Review of the Wieland Report
The report prepared by Wieland Associates ( "Evaluation of Noise Levels Generated by
Outdoor Dining Activities," March 30, 2007) uses noise measurements of existing facilities
and uses standard acoustic calculations to project the noise levels to the nearby residences.
Two sets of noise projections are presented; one based on noise measurements at the Blue
Fish Grill, and the other measured near the Billy's and Charthouse adjoining outdoor dining
areas. We feel that the noise projections based on the Billy's / Charthouse dining areas are the
most appropriate to focus on. First, the dining experience and type of crowd anticipated for
333 Bayside is more similar to the Billy's and Charthouse Restaurants. Second, the crowd
size during the measurement period is more similar to what would be permitted at 333
Bayside, and therefore, the noise estimates are probably more reliable because they source
noise does not need to be scaled up for the larger crowd.
The Wieland report projects noise levels at the nearest residential area (based on the
Billy's/Charthouse measurements) of 39 dBA (Leq) and an Lmax of 47 dBA (with all
mitigation measures discussed above in place). We agree with these projections as far as they
represent an average situation for proposed dining area. The noise levels on a slow night
could easily be 10 dB lower. Conversely, with a noisier crowd, special party, or special event
(e.g., Cinco de Mayo) the noise levels could easily be 10 dB higher than those projected.
Ambient noise levels based on measurements at residences across the channel from the
restaurant are also presented in the Wieland report. Ambient noise levels were made at two
residences. The measurements at 104 Linda Isle will be the focus on this analysis because it
is the closest residence to the restaurant. Fifteen minute measurements were made from 7
p.m. until I 1 p.m. The Leq noise levels for the 15 minute periods ranged from 49.7 dBA to
60.6 dBA with the louder measurements in the early evening and the quieter measurements in
the late evening. The Leq noise level, as discussed previously, represents an average noise
level. Minimum noise levels were not presented in the Wieland report. However, for the
period that had an Leq of 49.7 dBA and a corresponding Lmax of 64.7 dBA, noise levels
during that period could have also been as low as the mid 30's for a portion of the
measurement period.
Maximum noise levels ranged from 59.7 dBA to 77.7 dBA. The predominant noise source in
the area was reported to be traffic on Pacific Coast Highway. Other noise sources included
boats, helicopters, and aircraft taking off from John Wayne Airport. It should also be noted
that activities 333 Bayside were "occasionally audible ". Typical maximum noise levels due
to the restaurant were 47 dBA due to people talking, and 52 to 64 dBA for car horns in the
parking lot.
Perception of Noise Impact
Will the noise levels be below the limits in the City's Noise Ordinance? Yes, the noise
levels generated by the outdoor dining area will be below the limits in the noise ordinance.
�,`
333 Bayside
Page 4 of 5
No violation of the ordinance is anticipated. The best noise projection estimates the noise
levels to be an Leq of 39 dBA and an Lmax of 47 dBA. The corresponding standards are 55
dBA and 75 dBA. During certain loud events the noise levels could be much higher, but
would still be under the noise ordinance limits.
Will the noise generated by the patio dining area be audible? Yes, the noise levels from the
patio dining will be audible a fraction of the time. The noise levels at the residences will
continue to be primarily due to traffic on Pacific Coast Highway. However, during lulls in
traffic, especially during the later portion of the evening, noise from the patio dining will be
audible. Conversations from people entering and exiting the restaurant can currently be heard
at the residences. The dining patio will have a noise barrier, but the noise barrier does not
stop all of the noise and people talking in the patio dining area will be heard from time to
time.
Will the noise generated by the patio dining be perceived as loud? No, the noise levels
generated by the patio dining will not be perceived as loud. Maximum noise levels at the
residences due to the patio dining will generally be around 47 dBA. During loud events peak
noise levels from patio dining could be as high as 57 dBA. These events could be clearly
audible, but would not be perceived as loud. Currently at the residences, trucks on Pacific
Coast Highway and aircraft overflights commonly reach noise levels in the 65 to 75 dBA
range.
Will the residences be annoyed by the noise from the patio dining area? Probably. The
level of annoyance is often a very subjective response and not based on how loud the noise is.
For example, the level of annoyance of a neighbor's barking dog is usually going be better
correlated with your like or dislike of the neighbor. If you like the neighbor and like the dog,
you will be much less annoyed by the dog's barking. In this case, the residents probably view
the restaurant as inconsistent with the residential neighborhood. Therefore, if they can hear
the noise from the dining area, and they most certainly will hear it from time to time, they will
probably be annoyed.
Additional Mitigation Measures
The project proposes a comprehensive list of mitigation measures. The only measures that
could also be taken would affect the design of the project. Specifically, reducing the capacity
of the outdoor patio area would reduce the crowd noise. However, even with a reduction in
the capacity the outdoor dining would be heard from time to time. Enclosing the patio with a
sunroom type structure would reduce the noise levels significantly. The enclosure could have
windows that could be open during the day, and closed during the evening similar to the
current plan. The enclosure could reduce noise levels by an additional 10 to 15 dBA and
would reduce noise levels to nearly inaudible.
0
333 Bayside
Page 5 of 5
If you have any questions or comments, please do not hesitate to call.
Sincerely,
Mestre Greve Associates
Fred Greve, P.E.
Principal
6
I
I
1..........._......_..... _.- ............
Mestre Creve Associates
1
i
I
i
i
Exhibit 1
Typical Noise Levels
U1
Outdoor
Indoor
0 dBA
0)0
threshold of hearing (0 dBA)
20
40
(,
rustling of leaves (20 dBA)
whispering at 5 feet (20 dBA)
quiet residential area (40 dBA)
refrigerator (50 dBA)
60
air- conditioner at 100 feet (60 dBA)
sewing machine (60 dBA)
normal conversation (60 to 55 dBA)
j`J
dishwasher (55 -70 dBA)
\1(!►
car at 25 feet at 65 mph (77 dBA)
living room music or TV (70 -75 dBA)
80
diesel truck at 50 feet at 40 mph (84 dBA)
garbage disposal (80 d8A)
propeller airplane flyover at 1000 feet (88 dBA)
ringing telephone (80 dBA)
motorcycle at 25 feet (90 dBA)
vacuum cleaner (60 -85 dBA)
lawnmower (96 dBA)
shouted conversation (90 dBA)
backhoe at 5D feet (75 -95 dBA)
100
snowmobile 1100 dBA)
pile driver at 50 feet (90 -105 dBA)
t
car horn (I 10 dBA)
baby crying on shoulder (I 10 dBA)
/
rock concert (l 10 dBA)
leaf blower (110 dBA)
120
ambulance siren (120 dBA)
1�
stock car races ( 13 0 dBA)
jackhammer (130 dBA)
140
Sdorces:
league For Th. Hard Of Herring, www.lrh.org
Hmmock or Hobe Comrot
McGrew HI{ EdHOE byCyrll Hams, 1979
Mawremenw by Mave Gmae Asetlar
1..........._......_..... _.- ............
Mestre Creve Associates
1
i
I
i
i
Exhibit 1
Typical Noise Levels
U1
EXHIBIT 6
LETTERS FROM LINDA
ISLE RESIDENTS
\X
LAW OFFICE OF FRANK W. BATTAILE
110 Newport Center Drive, Suite 200
Newport Beach, California 92660
Planning Director
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
(949) 719 -1120
Fax(949)719 -1326
AL�,.�� Email, bblaw@earthlink.net
February 5, 2007 f��Y
C ee
/lYp c
�Cy
Re.: 3- Thirty -3 Waterfront; Accessory Outdoor Dining Permit No. OD 2007 -001
(PA2007 -004)
Dear Planning Director:
I am writing on behalf of the following residents of Linda Isle in Newport Beach: Don
and Sandy McCalla (105 Linda Isle); Al Dubrow (104 Linda Isle); and Leann and David
Benvenuti (106 Linda Isle). My clients vigorously oppose the referenced application for
approval of an outside dining area at 333 Bayside Drive.
Please be aware that the applicant made a similar application that was approved in
February of last year. (PA 2005 -211). The applicant abandoned that earlier effort while the
permit approval was pending appeal to the Planning Commission. Apparently the applicant
realized that he could not address the noise concerns raised by my clients at that time. The new
application does nothing to address those concerns. Indeed, the current proposal has even fewer
noise controls and the noise study is even more unrealistic and biased than the study performed
for the earlier application. I am enclosing with this letter copies of my clients' letters they wrote
in opposition to the earlier application. (Attachments I & 2.) All of their concerns are fully
applicable to the current application. We urge that the application should be denied.
My clients want to make clear from the outset that they fully understand the use of real
property to create economic activity and profits. However, they also fully understand their own
property rights under the City's zoning code and noise ordinances. Their rights would be
violated by this outdoor dining expansion due to the noise and the predictably obnoxious
behavior of some of the patrons of any drinking/dining establishment. As the enclosed letters
demonstrate, my clients have first -hand knowledge of the noise and obnoxious conduct that is
already generated by 3- Thirty -3 Waterfront. They are entitled to protection from the City from
an expansion that would make those problems worse.
If this expansion is approved my clients' property values will be substantially and
negatively affected, and the quality of life in their homes will be dramatically diminished. The
Municipal Code includes noise standards specifically to prevent this kind of impact on nearby
U11�
Page 2 of 4
residential properties. The City Council recently re- emphasized the ongoing importance of those
noise standards by re- adopting them in the new General Plan.
The Noise Study Fails to Address Interior Noise Levels
The Noise Study prepared by Wieland Associates for the current application makes no
attempt whatsoever to address the City's interior noise standards. The standard is 45 DBA until
10:00 PM and 40 DBA from 10:00 PM to 7:00 AM. Once again, the viability of that standard is
emphasized by its inclusion in the new General Plan. The failure to even attempt to address it is
reason enough to deny the application.
The Noise Study attempts to establish an artificially high "ambient" noise level. It does
so first of all by measuring "ambient" noise at 102 Linda Isle. 102 Linda Isle faces directly
toward PCH and is on an oblique line from 3- Thirty-3 Waterfront. It is also substantially farther
from 3- Thirty -3 Waterfront than my clients' properties. My clients' properties face at an angle to
PCH and face directly across open water toward 3- Thirty-3 Waterfront. (See Area Map,
Attachment 3.) 102 Linda Isle! is simply the wrong place to make the noise measurement. It is
especially the wrong place from which to make any conclusions about interior noise levels. Each
of my clients' properties have tear master bedrooms that face directly toward 3- Thirty-3
Waterfront across the canal. 162 Linda Isle does not.
The "ambient" noise measurements were stopped at 9:00 PM even though the application
is to keep the outside bar /dining area open until 10:00 PM. The importance of peace and quiet
obviously increases later in the, evening. The Noise Study scrupulously avoids measuring
impacts at the most important tame.
The Application Makes No Attempt to Mitieate Noise.
Conditions of approval of the earlier application at least included noise suppressing
partitions. As previously apprdved, the applicant was required to use full- height plexiglass walls
with windows that were to remain closed after 7:00 PM. (Condition 4 of the previous approval.)
Those noise suppressing walls are absent from the current application.
The current Noise Study assumes that the noise that will be generated by the outdoor
dining area is comparable to the noise generated at the "Blue Fish Grill." That assumption is
based on the completely subjective and biased opinion of the applicant himself. The acoustical
engineer states that the noise is i "characterized by the client [i.e., the applicant] as like the Blue
Fish Grill." Based on measurements of the noise at the "Blue Fish Grill" the Noise Study then
concludes that there will be no significant noise impact above the improperly measured
"ambient." One major problernI is apparent at the outset from the fact that there are only 12 - 15
people using the outdoor dining area at the "Blue Fish Grill." There will be up to 45 people
1b
Page 3 of 4
using the applicant's outdoor area. The Noise Study fails to recognize that with 3 times as many
people there will not simply be the addition of 3 times as many people speaking in a normal
volume. With increasing crowds there will be shouting. The peak noise levels will be much
greater than predicted. My clients' acoustical engineer, Mr. Sam Lane, previously explained:
"The main consideration is the great variation in vocal effort and speech levels
with background noise levels. In general, people talk louder as background noise
levels increase. Data in the technical literature indicate that at background noise
levels of 55 to 80 dB Leq [the levels applicable here] people talk with raised and
loud voices. The nominal average of data samples for exterior and interior
environments indicates a speech level of 75 dB Leq at 1 meter from the speaker.
Note that this does not include shouting, which results in a level of about 90 dB at
1 meter."
(Mr. Lane's opinion is set forth on the second page of the enclosed letter dated
April 2, 2006. [Attachment 4.])
The applicant's own noise study for the previously approved project also makes this clear.
(A copy is included as Attachment 5.) On pages 5-6 of the earlier noise study there is an attempt
to determine potential project noise levels. The engineer comments in the middle of page 6 that
"neither of the previous two approaches addresses the noise escalation that might result from the
Many people talking " That engineer made measurements of actual noise inside the existing
restaurant and then correlated those measurements to the proposed outside dining area. The
analysis leads to a predicted 78 dBA Leq generated by the proposed outdoor dining area.
According to the current Noise Study, and based on meaningless measurements at the "Blue Fish
Grill," the noise generated by the project will be only 59 dBA. The current analysis is obviously
a radical departure from the old analysis. At least one of them is wrong.
The last page of the previous noise study gives the raw data measured by the applicant's
previous acoustical engineer inside the restaurant. Peak noise levels, indicated as Lpk, range up
to 91.0 dB, in total agreement with Mr. Lane's comment above about people shouting. Many of
the measurements are in the mid to high 80's. These peak noise levels, if transferred to the
outdoor dining area, create utterly unacceptable noise impacting the closest residential properties,
particularly when considering interior noise levels at those residences. Furthermore, these high
peak noise levels are consistent with the actual experience my clients have had to endure when
current patrons of 3- Thirty -3 Waterfront leave the bar /restaurant.
This project might be appropriate if located in a different place. But, the owner of 333
Bayside bought this property with full knowledge that it is adjacent to a residential
neighborhood. It is not reasonable to expect that potentially increased profits from the outdoor
dining area should trump the legally recognized rights of nearby residents to maintain their
quality of life and their property values. The application should be denied.
J`
Page 4 of 4
My clients will be happy to talk with you either at City Hall or in their homes if you
desire to get an on -site appreciation of the problem. If you happen to be up at closing time on a
Friday or Saturday night, stop by. You will see that my clients' concerns are legitimate. They
are not hyper - sensitive, anti - development, no- growth people. Their rights are at least nominally
protected by the Municipal Code. I urge you to give meaning to those protections by denying
this application.
Let me know if you have any questions or require any further documentation.
cc: Clients
/1a
To: The Planning Department
City Hall
3300 Newport Blvd:
Newport Beach, CA 92663
Attention: Javier "Jay" Garcia
From: Donald and Sandra McCalla
105 Linda Isle
Newport Beach, CA 92660
PL rar !; .- tip �..
CITY OF
`,l Gc:3CFr
AM OCT 0 7 2005
718191101111121112131415 DS
This letter is written in regard to a Public Notice that we received in the mail today, October I,
2005. An Accessory Outdoor Dining Permit OD2005 -004 Application has been submitted to
you to establish an accessory outdoor dining use to be used at an existing restaurant, 333 Bayside
Drive. Our home is situated directly across the bay from the restaurant, as well as three of our
neighbors here on Linda Isle. We STRONGLY object to the permit being granted to the
restaurant if the permitted structure provides or increases the opportunity for further abusive
noise than that which we are already enduring. At present we are continually awakened many
week nights and most weekend nights with the yelling of the drunks in the parking lot long after
the bar closes, and the noise continues until 3:OOAM and longer. The restaurant's designated
smoking area with park benches for seating adjacent to the sea wall faces our home, (see diagram
enclosed), and this area produces additional loud abusive conversational noise.
When you combine the noise generated in the smoking, area with the drunken talking, yelling,
cursing; etc, wTiicfi °'occurs `Ih3Jfe vicinity of the valet stand, re Rlied`to"1`�'e rWre oit}i "pat in§
lot directly across the channel from our home, it produces a noise level which varies from loud
conversational talking to ear piercing yelling. Needless to say, when you are awakened by this _
,sort of noise it is difficult to get back to sleep. We have lived in our home for 16 years, and
dufmg tfla't'MVW-- b,have experienced too many sleepless nights due t6druftks continuing to party .
.in the parking IoW We were hopeful that the new restaurant would be possibly more upscale, and
therefore the patrons would perhaps be more moderate and considerate. During the time we have
not been traveling, and have been home, we have discovered this not to be the case. The
possibility of bringing the restaurant dining and drinking noise outside is totally unacceptable to
us. The adverse impact of this restaurant issue on our property values is substantial. The existing
noise. problems that this restaurant has created are most definitely negative disclosures for any
peal state sale of any of the properties in this location on Linda Isle. Any addition of outdoor
dining,"which would provide further opportunity for similar noise abuse as described above
Would simply compound the existing problem making our lives that much more unpleasant.
Please imagine what this could do in your neighborhood if you faced this same situation with
your home. Our neighbors all are of the same opinion. Please take our concerns into
consideration when making your decision regarding this application. We realize that it is your
job to seek to balance the rights of the business owners and homeowners by establishing
conditions of rise which will hopefully avoid an unreasonable outcome. Hopefully our input will
be helpful to you in accomplishing that end. We want the restaurant to be successful, but not at
the expense of both of us, as homeowners, being able to enjoy the reasonable use of our property.
Thank you for your time.
erely y� �/�p0
Donal D. McCa laa
Sandra M. McCalla
-t3
0,kit0ik 2
David Benvenuti, M.D., EA.C.S.
Plastic and Reconstructive Surgery
PLANNING DEpA,YTMENT
CITY OF NEVVPC,IT BEACH
October 3, 2005 AM OCT 0 7 2005 PM
71819110111)1211121314,516
The Planning Department
3300 Newport B1vd,Building C
Newport Beach, CA'92663
Re: Accessory Outdoor Dining Permit Number OD2005 -004
Dear Commission:
My husband David and I live directly across the street from 333 Bayside Restaurant on
'Linda Isle and whole - heartedly object to the addition of an outside dining patio. We have
been suffering for the past year with interrupted and sometimes sleepless nights because
of this restaurant. Drunk, loud patrons continue to leave the restaurant at all hours of the
late evening. The situation has become even worse since the valet stand has been moved
from in front of the restaurant to the middle of the parking lot.
This summer, instead of opening our windows and enjoying the nice, warm evenings my
husband and I have become prisoners to our air- conditioned bedroom. Even with the
windows closed, we are awakened by people leaving the restaurant and waiting for their
cars. The valet crew does not quiet the patrons in fear of being stiffed on their tips.
My husband and I have been remiss. We should have begun our letters of complaint
when the restaurant opened its doors last November. We hoped that the noise would
improve, but it has only worsened.
We did not put up a fight when Mama Gina's extended its outdoor patio because we were
told that it would be only for lunch. The increase in patron activity and noise during day
hours did not bother us. Then, before you knew it, it was open for dinner as well. In
addition, the bar area gets so hot that people go outside to smoke and cool off. They prop
the door open allowing the pounding music to ricochet off the water. if I get out of bed,
call over and complain, sometimes the staff will close the door.
Clearly, allowing the extension at Mama Gina's was a,mistake. As a result, we must
strongly object to allowing this same chaos to occur at 333 Bayside. Not only is the
355 Placentia Avenue, Suites 99 & 104, Newport Beach, CA 92663 A
(949) 650 -2345 • FAX (949) 650 -6817 • Email: info@after- images.com 1
quality of our lives and our well being affected, but also our property values are most
certainly being adversely affected.
We can appreciate the owner's desire to further enhance his investment, but is it really
`right that it be at the expense of the residents in the adjacent neighborhood? No, this
situation waft iYts gerious discussion.
Please feel free to call us at 949 - 650 -2345 during business hours, or e-mail us at
dbenvenuti(�dslextreme. com.
Thank you,
David and Leann Benvenuti
/�5
F-ICU�f Is
Accessory Outdoor Dining Permit OD2005 -004
Project No. PA2005 -211
Site Address
333 Bayside Drive
J�
P,a V,�74 4
April 2, 2006
Don McCalla
105 Linda Isle
Newport Beach, CA 9266D
Subject: Review of noise studies for the 3- Thirty -3 Restaurant proposed outdoor dining deck.
References: 1. Accessory Outdoor Permit No. OD2005 -004, Newport Beach Planning Dept.
2. Report 06/015, G. Bricken and Associates.
3. Report 06/215, G. Bricken and Associates.
The reference noise studies and use permit approval report were incomplete and questionable. The analysis in the
reports constitutes only a rough estiaulte of (lie expected noise levels from flue use of the proposed new dining deck.
Consequently, the noise impact on the nearby residential properties was inadegimtely addressed. The conclusion
that the noise from the deck area would not exceed the Newport Beach noise ordinance standards was invalid.
The impacted properties are on Linda Isle which appears to be all residential use and thus would be in Noise Zone
% I (residential only category). The reference permit and noise studies erroneously apply the more permissive limits
of the Noise Zone III mixed -use category standards to the residential sites. They also ignore the stated conditions
in the noise ordinance that (lie Zone III standards apply only to that portioa of the residential use that is within 100
ft of commercial property. Note that the Linda Isle residential sites in question are located across a private canal
channel about 200 ft distant from the restaurant property boundary. In addition, even if the boundary of the
residential property in Noise Zone I was contiguous to the restaurant property in Noise Zone III, the noise
ordinance conditions state that the lower noise level limits applicable to Noise Zone I apply at the property line of
the residential use. Thus, the allowable exterior noise levels at the residential property boundary are A- weighted
Equivalent Noise Level ( for any 15 minute period) of 55 dB (not 60 dB) from lam to 10 pill, and 50 dB from 10
pm to 7 am.
The reference noise reports estimate that the resulting project noise level for a location 250 n away on the
residential property would be 56 dB Leq for the condition of an unenclosed dining deck (or with side walls with
open windows and roof sections), and 50 dB Leq with the windows closed. Therefore, based on the estimates
given, the project noise levels would exceed the 55 dB noise limit that applies before 10pm, and equal the 50dB
noise limit that applies after 10pm. However, it should be considered that:
(1) Based on the parcel map and site plans, the distance from the deck to the subject residential property
line is 225 ft rather than 250 ft. Thus, the noise level would be about I dB greater.
(2) The predicted noise level was based on 25 people (out of 50 people) oil the deck talking at any given
time. Note that if there were continual episodes during a 15 minute period when 5 more people (or 30
vs 25) were talking at tine same time, the noise level would be about 1 dB greater.
(3) Due to [lie above and other considerations that could apply, there is a likely uncertainty level of 3 dB
or more associated with the project noise level estimates. Thus, the project noise levels could likely be
greater that the estimates given, and the exterior noise standards would clearly be exceeded.
(4) More importantly, the interior noise level standards for residences within all noise zones are given in
(lie noise ordinance as 45 dB Leq up to i0pm, and 40 dB Leq after lopni. These noise limits apply
within the window frames or openings of open windows nearest (lie source. The project noise levels
will be almost the same at a window opening as at (lie property line. Thus, even if the estimated noise
levels were 5 dB less, the interior noise standards would still be exceeded.
It should be noted that a simple and straightforward estimate of the noise levels at the subject residential properties
11
due the operation of the project can be made using accurate analytical methods established by the science of
acoustics. The uncertainty In, estimate or prediction is associated with the noise source strength. The questiop
is, what not ieveis res" i tiB ilSgi It t drffbrent conditions? The mallrL6t9ld"9 t WiSVM*geeat
vdfih roifIIt voce It lb ig ith`tfa le lb8ttlti M�tig€ i el$ ltt getrerhl (idapl ttrlkilaid" h9 °' s
bitckground Horse levefs iticte � rta lnl�r e r9cdYrteratnre Indicate that at backgrouttd,fibiselevels of 55 tqg
8 e fSII<i`vit�i raised and loud voices lire n8rtllp9l tvtr e of slur evteygtsr riitd'ihrerJ.
a s ear level of 75 dlj) e l tut 1 iileter from the speaker: ' >s dint t17 i &< n6l include ¢
r c t resu to a ievef oUouf gil d at i meter. Also, a standard deviation of about 5 dB is associated
with the speech level samples which means that a stgntficant portion of the sample levels were considerably greater
Ulan the nominal average. There were several samples with speech levels of 80 to 85 dB Leq at 1 meter from the
talker.
Based on the above, it might be considered prudent to assume a source strength of 80 dB Leq at I meter for each
person. As previously indicated, it has been assumed that 50 people, 25 of them talking at any given time, would
be on the dining deck which is about 25 ft square. The talkers are spread around the center of the deck area nt 5 to
10 fl from the center. The variation in distance front each talker to a residential property more than 200 It distant
front the deck is insignificant. The observer at the residential site hears a composite noise from 25 sources all at
the same distance away. In the case of an open deck area, for each talker the noise level would decrease from go
dB at I meter (3.28 ft) to 43 dB at 225 ft. For 25 people talkin
would be 57 dB Leq. g the resulting composite noise level at the observer
Based on the above review, it appears likely that the operation of the proposed uew dining deck under various
conditions (unenclosed to partially enclosed) will result in noise levels that exceed the exterior and/or interior noise
standards specified by the Newport Beach noise ordinance for residential land use. Also, clearly audible noise from
the people on the deck area could be judged by nearby residems as annoying and ininrsive even if the levels don't
exceed the noise standards.
Environmental Acoustics Engineer
)u'60- S
06/252
GORDON BRICKEN & ASSOCIATES
ACOUSTICAL and ENERGY ENGINEERS
April 5, 2006
1,
S E C O N D
A C O U S T I C A L
R E V I S I O N
A N A L Y S I S
T H R E E- T H I R T Y - T H R E E
R E S T A U R A N T A D D I T I O N
C _I T Y O F N_ E W P O R T B E_ A C H
5 -
Pre a ed.
G on Bricken
President
/mrnb
1621 East Seventeenth Street, Suite K
Phone (714) 835 -0249
1
Prepared for:
MR. JOHN WELLS
2082 S.E. Bristol St., Ste. 216
Newport Beach, California 92660
Santa Ana, California 92705 -8518
FAX (714) 835 -1957
ffil
06/252
GORDON BRICKEN & ASSOCIATES
ACOUSTICAL and ENERGY ENGINEERS
S U M M A R Y
This analysis has been completed to determine the
exterior noise exposure and the necessary mitigation measures for
the proposed addition to the 3- Thirty -3 Restaurant.
The project will comply with the limits of the City's
Noise Ordinance, Noise Zone I providing certain steps are taken,
which are as follows:
1. The occupancy of the deck shall not exceed 50.
2. There shall be no television screens,
television equipment, or any music system.
3. There shall be no paging system or any outdoor
loudspeakers, either permanent or temporary.
4. All noise provisions of the 1998 permit
application shall be incorporated into the
approval for this project with the exception that the
provisions of Noise Zone I are considered to apply in
this case.
5. There will be no bar on the outside deck.
6. The facility will close off the gable end of
the roof structure and use a fabric roof
covering.
1621 East Seventeenth Street, Suite K Santa Ana, California 92705 -8518
Phone (714) 835 -0249 FAX (714) 835 -1957
2
N
06/252
3. Noise generated by the outdoor area shall be no
more than that listed in Table 1.
TABLE 1
ORIGINAL PERMITTED LIMITS
LOCATION
Measured at the property
line of commercially
zoned property
Measured at the property
line of residentially
zoned property
DAY
7:00 A.M.
TO 10:00 P.M.
65 dBA
NIGHT
10:00 P.M.
TO 7:00 P.M
The residential limits quoted for the residentially zoned
Properties are for Noise Zone III residential portions of a mixed
use project.
On March 31, 2006, the City requested that the
specifications for the project be changed to Noise Zone I. That
specification is listed in Table 2.
TABLE 2
REVISED PERMITTED IMITS
DAY NIGHT
7:00 A.M. 10:00 P.M.
LOCATION TO 10:00 P.M. TO 7:00 P.M.
Measured at the property
line of residentially
zoned property 55 dBA 50 dBA
The provisions of Tables l and 2 are taken from Section
10.26 of the Municipal Code. There are some added provisions which
may apply. Those provisions are as follows:
1. The measured level is the Equivalent Noise
level.) Level, Leq (also called the average noise
2. If the ambient noise level exceeds the
standard. resulting standard, the ambient shall be the
4 D P,
06/252
3• The standard will apply for any 15 minute
period.
4. The maximum instantaneous level will be the
standard plus 20 dBA.
The project will
listing for NoiseZoneIwith Items 1, 2 in 3aandr4a(above)h the
assumed to apply.
3.0 AMBIENT NOISE LEVELS
A measurement was conducted on the deck of 106 Linda
Isle across the channel from the project site. The
measurement was conducted from 6:30 P.M. to 7:30 P.M. on Thursday
January 6, 2005. The printout of that measurement is contained in
Appendix 1. The printout provides a summary each five minutes.
Therefore, using that data, it is possible to construct eleven, 15
minute summaries each in five minute increments. The 15 minute
average noise level samples would range from 54.2 to 55.9 dBA Leq.
This level approximates the day level of 55 dBA Leq for this time
period per the Noise Zone I listing shown in Table 2.
4.0 POTENTIAL PROJECT NOISE IAEVELS
The project's plans depict nine tables with four seats
each plus seven seats at a counter for a total seat count
of 43. However, to be conservation, a total count of 50 people was
used on the assumption that from time to time, additional patrons
might be accommodated with additional chairs. The counter location
is for restaurant service only. There is no bar on this deck.
There will be no television sets.
There are several ways to approach the determination of
the noise produced by the people on the deck. One way is to
assume all 50 chairs were occupied. One -half of the people were
considered to be talking to the other half and the speakers were
all male. When that is occurring, a single male person will
Produce a level of 58 dBA at three feet which would be the
distance to the listener. On the deck, a person will tend to hear
the noise of the five closest people as well as the person
speaking from across the table. While the tables are distributed
over the deck, at 250 feet from the deck, (which is the distance
to the nearest patio across the water), one theory is that they
would be perceived as being one source. The effective total noise
of 25 people talking would be equivalent to a level of 73 dBA at
three feet. The level at any distance from the deck would be
determined in this instance by the formula given on the following
page.
5 (6 J
06/252
NL = 73 - 20xLog D1 /3 (1)
where D1 is the distance from the deck.
In this analysis, the nearest residential outside area
was taken at 250 feet from the deck. The result is 35 dBA Leq.
Two (2) dBA is added to account for other noise that results from
the activity in the parking lot.
Another way the effect of people on the restaurant deck
can be calculated is to assume that the noise emission is being
radiated by a line of sound 50 feet long (the length of the
exposed walls with the windows) where the noise level is 73 dBA all
along the line. This is as if the reference were 73 dBA at one
foot. In this instance, the level at 250 feet is given by the
formula:
NL = 73 - 10XLog(250 /1) - lOxLog(A /180) (2)
where A is the viewing angle.
The viewing angle will vary with the position of the
viewer and could vary from 30 degrees to 70 degrees. For the worst
case, the assumed viewing angle is 70 degrees. Equation (1)
reduces to 73 -24 -4. In this approach, the resulting level is
45 dBA Leq. With the two dBA for the parking lot noise, the result
is 47 dBA Leq.
Neither of the previous two approaches addresses the
noise escalation that might result from the many people talking.
So, the third approach was to conduct measurements inside the 333
Restaurant. These measurements will tend to be higher than those
on the deck since the space is enclosed. Measurements were
conducted of the average noise level (Leq) 'at four locations which
were generally away from any particular table. The four readings
were 78, 81, 79 and 79 dBA Leq. The highest level of 81 dBA Leq
was adopted for this analysis. There were 108 people in the
restaurant at the time. The equivalent level for 50 people is
given by the following equation:
NL = 81 - lOxLog (50/108). (3)
The result was 78 dBA Leq. From that point, the rest of
the calculation is treated the same as Equation 2 except that the
73 dBA Leq now becomes 78 dBA Leq. The result is 50 dBA Leq.
However, if the angle correction of four (4) dBA is left out just
to be on the safe side, the final level would be 54 dBA Leq.
Adding two (2) dBA results in a level of 56 dBA Leq at the nearest
residence.
The question arises what would have occurred if the full
complement of 185 people were in the restaurant at the time of the
measurement? The noise level is computed using Equation 3 as given
on the following page.
3
0A
06/252
GORDON BRICKEN & ASSOCIATES
ACOUSTICAL and ENERGY ENGINEERS
1.0 INTRODUCTION
This report presents the results of a noise impact and
design study of the proposed addition to the 3- Thirty -3
restaurant located at 333 Bayside Drive in the City of Newport
Beach. The report has been revised because the City changed the
noise compliance specification from those approved in the previous
approvals for this project. This report will contain a discussion
of the expected exterior community noise environment and the
recommendations for control of noise are included in this report.
A vicinity map showing th% general location of the
construction site is presented on Exhibit 1 -- Site Location Map.
Exhibit 2 shows the site plan. The proposal is to erect a second
floor, semi - enclosed, outdoor area at the southwest corner of the
existing building at the location noted in the view shown on
Exhibit 3. The deck has windows that may be folded open on three
sides, an open truss area and a roof of sailcloth.
The proposed project is across from Linda Isle. Exhibit
4 is a view of the area directly across from the proposed project.
Exhibit 5 is a view showing the proximity of the project to Linda
Isle. The nearest homes will be 250 feet from the proposed
project.
2.0 APPLICABLE NOISE CRITERIA
The project was originally the subject of Accessory
Outdoor Dining Permit No. 44 in 1998. Several conditions
were included in that permit, which are as follows:
1• Windows shall be closed after 7:00 P.M. except
during daylight savings when the closure time
would be 9:00 P.M.
2• The hours are limited to 8:00 A.M. to 10:00
P.M. on Sunday through Thursday, and 8:00 A.M.
to 11:00 P.M. on Friday and Saturday.
1621 East Seventeenth Street, Suite K Santa Ana, California 92705.8518
Phone (714) 835.0249 FAX (714) 835 -1957
3
06/252
NL = 81 - 10xlog (185/108). (4)
The result is that the level would be 83 dBA. However,
when adjusted to 50 people the formula is:
NL = 83 - 10xlog (50/185) (5)
The result is still 78 dBA, or the figure previously
used.
The maximum noise level for the 81 dBA Leq reading in the
restaurant was 84 dBA three (3) dBA higher than the average level.
Hence the maximum level would be three dBA higher at the
residential location, or 59 d8A Lmax.
6.0 MITIGATION ANALYSIS
The project levels are a function of the various
combinations of mitigation measures that can be
considered. The various options are,as follows:
1. Windows are closed.
2. Gable end of roof structure closed.
3. Fabric roof.
4. Fabric roof with insulating core.
referred to as an EIDE roof.
The various combinations are listed in Table 3.
TABLE 3
NOISE REDUCTION CHARACTERISTICS(1)
WINDOWS GABLE ROOF NOISE HOME LEVEL
CLOSED CLOSED CLOSED REDUCTION(dBA) Leg Lmax
No
No
No
0
56
59
Yes
No
No
3
55
56
Yes
Yes
Part
6
50
53
No
Yes
No
3
55
58
No
Yes
Part
4
55
58
No
Yes
EIDE
7
49
52
Yes
Yes
EIDE
11
45
48
(1) a. Part means a fabric cover only,
EIDE means a sandwich of two layers of fabric
with Wonderboard core.
b. Home means patios outside Linda Isle residences.
C. Home level is the average noise level. Add three (3)
dBA for the maximum level.
7 O 5
06/252
The conditions for compliance are 55 dBA Leq, 75 dBA Lmax
before 10:00 P.M. and 50 dBA Leq, 70 dBA Lmax after 10:00 P.M. The
project nearly complies with no roof and windows open before 10:00
P.M. The project will comply with the limits after 10:00 P.M.
with windows closed, gable closed and a fabric roof. Any
additional reduction would require the BIDE roof, or some similar
product.
7.0 MITIGATION REQUIREMENTS
The project can be made to comply with the Noise Zone I
limits by various combinations of construction and roof
material. Also, the City previously imposed limits on the
operations which are still considered appropriate. There are some
steps that should be taken to avoid conditions that might alter the
assumptions about patron conditions, which are as follows:
1. The occupancy of�the deck shall not exceed 50.
2. There shall be no television screens,
television equipment, or any music system.
3. There shall be no paging system or any outdoor
loudspeakers, either permanent or temporary.
4. All noise provisions of the 1998 permit
application shall be incorporated into the
approval for this project with the exception that the
provisions of Noise Zone I are considered to apply in
this case.
5. There will be no bar on the outside deck.
6. The facility will close off the gable end of
the roof structure and use a fabric roof
covering.
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GORDON BRICKEN & ASSOCIATES
ACOUSTICAL and ENERGY ENGINEERS
A P P E N D I X
1
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TEST DATA
1621 East Seventeenth Street, Suite K Santa Ana, California 92705.8518
Phone (714) 835 -0249 FAX (714) 835 -1957
7 1a
INTti REPORT
LARSON -DAVIS LABS -- MODEL 700
01/06/06 09:12:53 SN 700P3450 PAGE 2
Cnt LVL SEL Lmax Lpk Lmin Date Time Dur Ex Pk Ov
1 55.5 80.5 72.5 91.0 51.0 5 JAN 18:30:00 0:05 h:m 0 0 0
L02 = 59.0 L08 = 57.0 L25 = 56.0 L50 = 55.0
2 55.0 79.5 65.0 76.5 50.5 5 JAN 18:35:00 0:05 h:m 0 0 0
L02 = 61.5 L0S = 57.0 L25 = 55.0 L50 = 53.5
3 54.0 78.5 71.0 84.0 49.5 5 JAN 18:40:00 0:OS h:m 0 0 0
L02 = 57.0 L08 = 55.5 L25 = 54.5 L50 = 53.5
4 56.5 81.0 66.5 85.5 50.0 5 JAN 18:45:00 0:05 h:m 0 0 0
L02 = 63.5 L08 = 59.5 L25 = 57.0 L50 = 54.5
5 57.5 82.0 69.5 82.5 48.5 5 JAN 18:50:00 0:05 h:m 0 D 0
L02 = 66.0 L08 = 60.5 L25 = 57.5 L50 = 55.5
6 54.0 78.5 62.0 85.5 49.5 5 JAN 18:55:00 0:05 h:m 0 0 0
L02 = 57.0 L08 = 56.0 L25 = 54.5 L50 = 53.5
7 55.5 80.0 59,5 75.5 51.0 5 JAN 19:,00:00 0:05 h:m 0 0 0
L02 = 58.5 LOS = 58.0 'L25 = 56.5 L50 = 55.0
8 57.0 82.0 66.5 80.0 51.5 5 JAN 19:05:00 0:05 h:m 0 0 0
L02 = 64.0 L08 = 61.0 L25 = 57.0 L50 = 55.5
9 54.5 79.0 61.5 72.0 49.0 5 JAN 19:10:00 0:05 h:m 0 0 0
L02 = 57.5 L08 = 56.5 L25 = 55.5 L50 = 54.0
10 53.5 78.5 59.5 74.5 49.5 5 JAN 19:15:00 0:05 h:m 0 0 0
L02 = 56.5 L08 = 55.5 L25 = 54.5 L50 = 53.5
it 55.5 80.0 70.5 82.5 49.5 5 JAN 19:20:00 0:05 h:m 0 0 0
L02 = 61.5 L08 = 58.5 L25 = 55.0 L50 = 53.5
12 54.0 79.0 64.0 88.0 48.0 5 JAN 19:25:00 0:05 h:m 0 0 0
L02 = 62.0 LOS = 56.5 L25 = 54.5 L50 = 52.5
13 52,5 62.5 57.0 72.0 50.0 5 JAN 19:30:00 0:00 h:m 0 0 0
L02 = 56.5 L08 = 55.0 L25 = 53.0 L50 = 52.0
99999
M9
Jb: Newport Beach Planning department
RECEIVED BY
PLANNING DEPARTMENT
FEB 05 2007
CITY OF NEWPORT BEACH
Rcply to Public Notice Outdoor Dining Permit No:•OD2007 -001 (PA200.7 -004) at 333 Bayside.
A request to allow the establishment of accessory outdoor dining use in conjunction with an existing
full- service restaurant.
Items to consider:
!- Will the additional occupancy space exceed the Parking requirements for this location.? (it
currently appears to lack sufficient
parking during peak occupancy use).
2- Will the Alcoholic Beverage License issued by (ABC) allow Liquor service outside. ?
3- Will the noise level (Db) be tested at the property line to determine the ambient sound level.?
"this should be verified by a representative of the City. No outside TV, Musicians or speakers
should exceed this level during
occupancy use.
4- Will the allowed Db level be posted and a test meter be available at the property ?
Respectfully Submitted.
dol 40"4a -4.-1 01 i
IlUgh Randolph
Resident 102 Linda Isle,
Newport Beach, Ca. 92660
949 -233 -4774
abouebbmk
4q
of 1 212/07 10:15 AM
April 14, 2007
2044 Swan Drive
Costa Mesa, CA 92626
(714) 7512949
Don McCalla & AI Dubrow
105 Linda Isle
Newport Beach, CA 92660
Subject: Review of Wieland Associates Noise Analysis Report (Revision dated 3/30/07) for 3- Thirty-3
Restaurant Outdoor Dining Permit.
A summary of the subject review is presented below. Details of the technical analysis can be provided if needed.
The results of 3 previous reviews (April 2, 17, and 27, 2006) submitted to you regarding other noise studies for the
Restaurant are still applicable and should be referred to.
The subject report by Wieland understates the noise levels and impact due to operation of the proposed outdoor
dining facility. The A- weighted average (equivalent) noise level of 53.3 dB measured on a hard surface at 24 feet
from about 13 people dining at an outdoor area of the Blue Water Grill results from an average male /female speech
level of 56.3 dB for 1 person in free space (no reflecting surfaces) at a distance of 1 meter. The technical literature
(i.e., Harris, Handbook of Acoustical Measurements, and Kryter, The Effects of Noise on Man) indicates that this
speech level is associated with casual to normal vocal effort in a quiet environment, not a normal to raised vocal
effort as stated in the subject Wieland report.
The A- weighted average noise level of 59.5 dB measured on a hard surface at 20 feet from about 42 people
dining in enclosed, but open top, adjacent areas at Billy's and the Charthouse results from an average malelfemale
speech level for I person in free space (no ground plane or reflecting wall) of about 65 dB at a distance of I meter.
This corresponds to a raised vocal effort.
The measured levels from these locations are used by Wieland to predict resulting "average" noise levels at
residential locations on Linda Isle, 215 feet from the proposed 333 Restaurant outdoor dining area, of 46 to 53 dB
for the windows open case at the dining room, and 33 to 39 dB for the windows closed case at the dining room.
However, on busy weekend nights with 45 people in the outdoor dining area the vocal efforts are very likely to be
greater, in the raised to loud range, with a resulting average malelfemale speech level of about 71 dB in free space at
I meter distance. Thus, the corresponding noise levels at the residential locations would be 7 to 15 dB greater than
predicted by the subject report. Assuming a nominal increase of 12 dB, the noise levels at the residential locations
due to the people at the Restaurant dining area would be in the 58 to 65 dB, or greater during noisier episodes, for
the dining room windows open condition, and in the range 44 to 51 dB or greater for the windows closed condition.
These noise levels would potentially exceed the City of Newport Beach residential day time outdoor noise standard
of 55 dB Leq (for a 15 minute period), and 50 dB Leq after 10 PM.
It is important to also consider the corresponding interior noise limits specified by the City for noise propagated
to the residential property from sources on other properties. These standards are 45 dB Leq and 40 dB Leq ,
respectively, for day and night periods. In interior of the Linda Isle residences near open windows facing the
Restaurant the noise levels predicted by the Wieland report, and the likely higher noise levels that would occur (as
discussed above), clearly exceed the interior noise standards.
At this point, one of the discrepancies in the Wieland report should be noted. It is stated in the report that the
maximum noise level measured at the Blue Water Grill was 57 dB. However, their data chart shows 57 dB as the 2
0
percentile level. Thus, the noise level of 57 dB was exceeded 2 % of the time (or for 36 seconds out of 1800
seconds). For the statistical distribution of measured noise levels shown on their chart, an Leq of 53.3 dB would
result from including 3 noise vents with maximum levels of 70 dB, or from 1 noise event at 75 dB.
Furthermore, it is importan
"background" noise environyd
combined with 10 67dB Lmax
47 dB. Thus, the Leq is 6 dB
Most of the time, the noise lev
median level.
For example, in a.previous i
from 6:30 to 7:30 PM were rel
percentile level. The 50 perce
were less than the Leq 75 % o
greater than the usual more co
against the lower background
In addition, some of the 5 -min
59 dB (the noise levels were U
the maximum levels were 62 t
dB. In general, the backgroun
between 48 to 53 dB 50 % of i
to note that Leq is typically not the continuous noise level that characterizes the
!nt. For example, a noise level of 45 dB, plus or minus 2 dB, for 290 seconds
events results in an Leq of 53 dB. The 50 percentile level in this case might be about
peater than the median level. The noise levels are less than 47 dB 50% of the time.
-is are much less than the Leq, and the maximum levels are 20 dB greater than the
Other important consideratiol
Isle locations. In one case, durt
operation (shouting, car horns, I
noise events are clearly intrusiv,
significant impact from expand[
In addition, the Leq values w
period. The maximum levels wi
during periods when there were
corresponding background (or q
that low level of background no
operation would be judged as vt
Sam R. Lane, Ph.D.
Environmental Acoustics
)ise study for the Restaurant, ambient noise levels measured at a Linda Isle location
)rted for 5- minute intervals. The resulting Leq values were generally equal to the 25
tile noise levels were about 2 dB less. This indicates that the ambient noise levels
the time. The point is that a few higher level noise events result in an Leq much
dnuous background levels, and the intrusiveness of other noise events should judged
evels that occur most of the time, and not against the Leq value.
to samples had maximum levels of 71 to 73 dB with 2 percentile levels of only 57 to
s than about 58 dB 98 % of the time). Also, during 15 to 30 minutes of the samples,
71 dB, the 2 percentile levels were 57 to 62 dB, and the Leq values were 53 to 54
noise levels which better represent what is heard on a continuous basis were
e time.
are indicated by the noise measurements reported by the subject report for Linda
an 8 to 9 PM period there were about 20 noise events from the Restaurant
chen noises, doors slamming) with maximum levels from 51 to 66 dB. These
whether or not they exceed the City noise standards, and indicate the potential for
operations at the Restaurant.
dominated by a few aircraft noise events (I to 4) each 15 minute measurement
generally 65 to 75 dB and the Leq values were 54 to 61 dB. More importantly,
high noise level aircraft events the Leq values were less than 51 dB, and the
isi- continuous) noise levels were probably in the range 40 to 47 dB. Compared to
the 10 to 20 dB greater noise levels of 52 to 66 dB caused by the Restaurant
intrusive.
C>&
0
EXHIBIT 7
4J ECT PLANS
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