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HomeMy WebLinkAboutSienna Restaurant_PA2006-270CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 3 April 19, 2007 TO: PLANNING COMMISSION FROM: Planning Department Jaime Murillo, Associate Planner jmurillo(a)city. newport- beach.ca. us (949) 644 -3209 SUBJECT: Sienna Restaurant 105 Main Street Amendment of Use Permit No. 3158 (PA 2006 -270) APPLICANT: Balboa Inn, LLC Michel Pourmussa RECOMMENDATION Staff recommends that the Planning Commission take the following action: Adopt attached draft resolution approving an amendment to Use Permit No. 3158 to permit live entertainment and dancing within the existing restaurant and a waiver of 24 parking spaces required by the introduction of live entertainment. DISCUSSION Background The Sienna restaurant currently operates under Use Permit No. 3158, which authorizes an eating and drinking establishment, and was originally approved in 1985 and amended in 1986. The Use Permit expressively prohibits live entertainment and dancing; therefore, the applicant has requested this subject Use Permit amendment to permit these activities and to waive the additional parking spaces required in conjunction with the intensification of use through additional live entertainment and dancing. ./• i'� � - k ,� `- y�, 1 Ka }� '�'d'k�. ! .. . III! .:.: F �i .: �. Y'! �_ ��:� �` EX -. '�F '� . S ..ry .: },:��:..��g "� *Ri .. 'ee: ,„ 105 Main Street (PA2006-270) April 19, 2007 Page 3 of 15 Existing General Plan Land Use Designations Existing Zoning Designations 5 105 Main Street (PA2006 -270) April 19, 2007 Page 4 of 15 In November of 2006, staff reviewed the restaurant's Use Permit files due to noise complaints received from the property owner of the neighboring duplex. The applicant was providing live entertainment and dancing in association with a number of wedding receptions and other private events as part of their hotel operations (Exhibit 2 - Event Schedule). A band also provided entertainment on Sunday afternoons in the outdoor courtyard. The applicant was allowing these activities pursuant to a live entertainment permit issued in error by the Revenue Division in 2004. The applicant was advised to apply for a Use Permit amendment. Site Description The site is located at the northwest corner of East Ocean Front and Main Street, adjacent to the Balboa Pier. The property is currently developed with a three -story building, consisting of a 34 room hotel, retail shops, and the subject restaurant. To the south is the Balboa Inn expansion project currently under construction that will include 11 suites, parking, and 2,000 square feet of new retail space. The restaurant consists of two indoor dining areas, a bar, an enclosed courtyard dining area on the first floor, and outdoor dining on the second floor. The restaurant's kitchen is shared with the hotel and provides room service for hotel patrons. No on -site parking is provided; however, the current Use Permit conditions require the restaurant to purchase 24 in -lieu parking spaces from the City on an annual basis for the duration of the restaurant use. Project Description Live Entertainment and Dancing The applicant is requesting this Use Permit amendment to allow live entertainment, in the form of a band or disc jockey and incidental to their existing food and beverage service, for "private events ". For the purposes of this discussion, "private events" are defined as any function which is not open to the general public and limited to those persons individually invited and for which no admission charge is made (i.e. weddings, birthday parties, retirement parties, and corporate parties). The applicant is also proposing live entertainment in the form of a band for the enjoyment of general patrons within the interior courtyard on Saturday and Sunday afternoons, from 3:00 p.m. to 7:00 p.m. The applicant states that the restaurant and bar business are seasonal and peak during the summer. From September through May, the bulk of the restaurant and bar business is comprised of weekend patrons and private events. The applicant states that in order to operate a successful and profitable restaurant operation during the slow winter months, it is necessary to provide live entertainment and dancing in order to attract reservations for private events. 105 Main Street (PA2006 -270) April 19, 2007 Page 5 of 15 Exfshng Food and Beverage Operation The restaurant is permitted to operate from the hours of 6:00 a.m. to 2:00 a.m. daily under the current Use Permit. Use Permit No. 3158 also limits the amount of net public area (NPA)' to 1,696 square feet prior to 3 p.m., with a total net public area of 2,773 square feet after 3:00 p.m. This condition was imposed to limit the amount of dining area, and thereby patrons with cars, so as not to create excess parking demand in the Balboa lot during the peak afternoon hours. The requested application does not propose any increase in NPA. The table below provides a breakdown of the various restaurant venues: Currently, the Balboa Inn provides breakfast between the hours of 7:00 a.m. and 10:00 a.m. daily. Lunch is served between the hours of 12:00 p.m, to 3:00 p.m. daily during the summer months, and is closed for lunch during the winter months. Dinner is served between the hours of 5:00 p.m. to 10:00 p.m. in the summer, and the restaurant closes at 8:00 p.m. during the winter months. Private events are currently accommodated in both the indoor dining rooms and courtyard area, as well as on the second level floor deck, consistent with the NPA limitations. These restaurant areas function as a banquet facility for the hotel and are made available from 9:00 a.m. to 12:30 a.m. in the two indoor dining rooms and courtyard, and from 11:30 a.m. to 7:00 p.m. on the second floor deck areas. The applicant has provided an informational sheet related to these private events (Exhibit 3). Although these private events are not prohibited, any events providing live entertainment and dancing represent a violation of the current Use Permit conditions. The applicant proposes to continue utilizing these hours of operation. 'Net Public Area (NPA: The total area used to serve customers, including, but not limited to, customer sales and display areas, customer seating areas, service counters, and service queue and wafting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. a Restaurant Before 3:00pm Interior Dining South Dining Room 643 1S Floor Outdoor Dining 286 2 Floor Outdoor Dining South 315 Bar 452 Total Before 3:00 pm 1,696 After 3:00 pm Interior Dining North Dining Room 652 2" Floor Outdoor Dining North 425 Total After 3:00 pm 12,773 Currently, the Balboa Inn provides breakfast between the hours of 7:00 a.m. and 10:00 a.m. daily. Lunch is served between the hours of 12:00 p.m, to 3:00 p.m. daily during the summer months, and is closed for lunch during the winter months. Dinner is served between the hours of 5:00 p.m. to 10:00 p.m. in the summer, and the restaurant closes at 8:00 p.m. during the winter months. Private events are currently accommodated in both the indoor dining rooms and courtyard area, as well as on the second level floor deck, consistent with the NPA limitations. These restaurant areas function as a banquet facility for the hotel and are made available from 9:00 a.m. to 12:30 a.m. in the two indoor dining rooms and courtyard, and from 11:30 a.m. to 7:00 p.m. on the second floor deck areas. The applicant has provided an informational sheet related to these private events (Exhibit 3). Although these private events are not prohibited, any events providing live entertainment and dancing represent a violation of the current Use Permit conditions. The applicant proposes to continue utilizing these hours of operation. 'Net Public Area (NPA: The total area used to serve customers, including, but not limited to, customer sales and display areas, customer seating areas, service counters, and service queue and wafting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. a 105 Main Street (PA2006 -270) April 19, 2007 Page 6 of 15 Analysis Noise Live entertainment is the primary consideration of this requested Use Permit amendment and staff is concerned that the noise generated by the proposed live entertainment may impact surrounding commercial uses and the adjacent residences. A number of complaints have been received from the property owner of the abutting duplex at 704 E. Ocean Front. Tenants of the duplex have complained to the landlord that they cannot steep at night due to the excessive loud music from the Balboa Inn. The property owner indicates that this has made it difficult for him to retain and attract tenants (Exhibit 4 - Neighboring Property Owner's Letters). To aid in staff's analysis of the applicant's request, Code Enforcement conducted a noise investigation during an event on Saturday, March 31st, from 5:45 p.m. to 9:15 p.m. and performed a noise reading every hour at 5 locations. Per Section 10.26.025 (Exterior Noise Standards) of the Municipal Code (Exhibit 5), allowable exterior noise levels are 55 dBA from adjacent residential land uses and 65 dBA from adjacent commercial land uses between the times of 7:00 a.m. to 10:00 p.m. After 10:00 p.m., the allowable noise level for adjacent residential land uses is reduced to 50 dBA. In residential areas, the Municipal Code requires noise measurements to be taken from any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of an affected property as suspected of exceeding the noise level standard. In non - residential areas, the location selected for measuring exterior noise levels shall be at the closest point to the noise source. Exhibit 6 illustrates the locations of the readings and the maximum noise level recorded. At all 5 locations, the readings were within acceptable range. It should be noted that the noise reading of 52 dBA measured from the balcony of the adjacent residential unit would have exceeded the allowable exterior noise level if it occurred after 10:00 p.m. The Code Enforcement Officer stated that the live entertainment was located within the interior dining room and that all windows and doors were closed. However, he stated that the highest reading obtained (60 dBA) was measured directly adjacent to the bar entrance off E. Ocean Front and was attributable to the sounds of people talking and laughing in the bar area (bar entrance doors were open at time). Overall, the noise levels were within the acceptable range per the Municipal Code noise standards at the various times the measurements were taken as a result of the live entertainment and dancing activities occurring indoors. Noise impacts and disturbances can, and have in the past, have an adverse impact on nearby residences, and without proper controls are detrimental. However, staff believes that the Planning Commission can support the applicant's request for live entertainment and dancing, only if the proper controls and conditions are implemented to minimize the potential noise impacts. In addition to complying with all applicable Municipal Code 105 Main Street (PA2006 -270) April 19, 2007 Page 7 of 15 sections pertaining to the control of noise, staff recommends the following conditions of approval be adopted to control potential noise related problems and prevent the establishment from operating promoted parties and night club events open to the public: • Require the replacement of the wrought iron gates located at the entry off E. Ocean Front to be replaced with sound attenuating double pane doors and windows. • Require that all doors and windows of the dining room areas be closed at all times during private events, except for the ingress and egress of patrons and employees. Additionally, the doors shall be equipped with self - closing hinges. • Require the doors off E. Ocean Front (including bar area) to remain closed at all times during any private function providing live entertainment and dancing. Ingress and egress by patrons and employees shall be prohibited unless there is an emergency. Permit the use of live entertainment and dancing within the interior dining rooms only and prohibit such activities within the courtyard area and second floor patio. • Permit the use of live entertainment and dancing in conjunction with private events only and prohibit the use of live entertainment and dancing for weekend afternoon operations and any other events and uses open to the general public. • Require that private events conclude at 10:00 p.m., and that any associated live entertainment conclude at 9:30 p.m. • Prohibit the use of strobe lights or other special lighting effects that could produce visual impacts to the neighboring uses and residents. • Prohibit background music on any of the outdoor patios, dining areas, lounges or waiting areas. • Prohibit any event or activity staged by an outside promoter or entity where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks. 10 105 Main Street (PA2006 -270) April 19, 2007 Page 8 of 15 Parking Waiver The subject property is located within the Central Balboa Specific Plan and is subject to the parking requirements of Section 20.45.050(F) which establishes a fixed parking ratio for eating and drinking establishments. For establishments without live entertainment, parking is required at a ratio of 1 space per 50 square feet of net public area. For establishments where live entertainment is present, parking is required at a ratio of 1 space per 35 square feet of net public area. The higher parking ratio is based on the assumption that establishments providing live entertainment draw more patrons and thus have a higher parking demand. With the introduction of live entertainment, the restaurant would be required to provide a total of 80 parking spaces or an increase of 24 parking spaces: Parking Requirement @ 1 space /35 sf NPA (2,773 sf) = 80 spaces Parking Requirement @ 1 space /50 sf NPA (2,773 sf) = 56 spaces Increase = 24 spaces Since the site cannot accommodate any on -site parking, a waiver is needed for the 24 parking space increase attributable to the introduction of live entertainment if such use is to be approved at this location. Pursuant to Section 20.66.100 (Modification or Waiver of Off - Street Parking Requirements) of the Zoning Code, a Use Permit may be approved by the Planning Commission to modify or waive the number of off - street parking spaces if one or more of the following conditions are met: 1. A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. 2. The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously. 3. A parking management plan for the site has been approved by the Planning Commission pursuant to Section 20.66.100 (B). 4. The Planning Commission makes the following findings: a. The parking demand will be less than the requirement in Section 20.66.030. b. The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. I' 105 Main Street (PA2006 -270) April 19, 2007 Page 9 of 15 Because the project is located in the coastal zone, the Coastal Land Use Plan (CLUP) policies relating to parking must also be considered in conjunction with the City's parking waiver provisions. The CLUP recognizes that there are parking shortages in Balboa Village. Approximately 73 percent of the area's parking spaces are in public lots and on- street. The following two CLUP policies should be considered: 2.9.3 -8. Continue to require properties with nonconforming parking to provide code - required off - street parking when new uses, alterations or additions result in increased parking demand. 2.9.3 -9. Approve no application for a modification or waiver of of- street parking requirements that are found to impact public parking available for coastal access. Municipal Parking Facility (Finding No. 1): A large, municipal parking facility is located directly south of the property and is the primary parking for beach visitors and for the commercial uses of the Balboa Village. Per CLUP Policy 2.9.3 -9, a waiver of off - street parking cannot be approved if such waiver will impact public parking for coastal access. The Parking Lot Supervisor states that the municipal lot is filled to capacity by visitors and boat charters between the hours of approximately 11:00 a.m. and 6:00 p.m. (8:00 p.m. in summer). Therefore, the Planning Commission cannot rely on this finding to support the parking waiver, unless it is determined that the proposed request will not result in an increased parking demand, and therefore, not impact parking available for coastal access. Parking Demand (Finding No. 4): The applicant's intent in providing live entertainment on a regular basis for the customer's enjoyment is to attract more customers to the restaurant. This, in turn, could generate increased parking demand and would necessitate the higher parking ratio specified in the Central Balboa Specific Plan. Therefore, staff recommends that the Planning Commission deny the applicant's request for live entertainment on a regular basis on weekend afternoons due to the potential impact to public parking and inconsistency with Coastal Land Use Policy 2.9.3 -2. If live entertainment and dancing are provided to enhance private events and supplement the hotel's banquet operation, staff believes the parking demand would not be as high as a separate restaurant operation and the waiver can be supported based on the following reasons: The restaurant is an integral part of the hotel itself, and when wedding receptions and other private events occur, the restaurant actually serves as a banquet facility for the hotel. • Typically, hotels are permitted to include accessory restaurants and banquet facilities without providing increased parking since these activities are normally associated with hotel operations. I �_ 105 Main Street (PA2006 -270) April 19, 2007 Page 10 of 15 • Private events not providing live entertainment and dancing are currently permitted activities. The addition of live entertainment for these private events would serve to enhance these events and improve marketing of the venue, but not necessarily increase attendance at any single event. • A parking requirement of 1 space per 50 square feet of net public area would be more realistic in this case; therefore, the parking demand is less than the 1 space per 35 square feet of net public area required by the Central Balboa Specific Plan parking requirements and does not exceed the restaurant's current demand for parking in association with these events. • The long -term occupancy of the restaurant space, based on its design and as conditioned, is not anticipated to generate any additional parking demand. The principal operation of the use will remain a restaurant, and its use by the hotel as a banquet facility for private events will remain an accessory use. For these reasons, staff believes the facts to support Finding No. 4, above, can be made to waive parking associated with live entertainment in association with private events only, and will not impact public parking for coastal access, consistent with the Coastal Land Use Polices identified above. Deoarment Comments and Concerns Newport Beach Police Department Concerns The Newport Beach Police Department provided staff with a comprehensive report that is attached as Exhibit No. 7. The Police Department expressed concerns that allowing live entertainment and dancing will generate additional noise and will negatively impact nearby residences, resulting in additional neighborhood complaints. The Police Department states that sworn personnel are currently required to spend a substantial amount of time and resources policing the general area in and around the applicant's location. A majority of the problems encountered in the area include public drunkenness, noise complaints, argument mediation, assaults, thefts, and other public nuisances. The area also experiences heavy vehicular and pedestrian activities on weekends, holidays and during the summer months. Within the last year, the Police report states that the Balboa Inn had 37 calls for service. Of those 37 calls for service, the calls most likely occurring during live entertainment and dancing activities at the subject restaurant included 10 calls for loud music, 9 calls for disturbances, 2 calls for fights, and 2 calls for drunk in public. Based on the existing demand for police services in the area, the Police Department recommends denial of the applicant's request and believes the activities would have a negative impact on the surrounding area. 13 105 Main Street (PA2006 -270) April 19, 2007 Page 11 of 15 The existing calls for service reported over the last year for the Balboa Inn are representative of the types of disturbances associated with the restaurant's non - permitted and unregulated operation of live entertainment. To address Police Department concerns, staff proposes limiting live entertainment and dancing to private events only (with the conditions outlined above). In addition, The Police Department has provided a list of recommend conditions should the Planning Commission choose to approve the applicant's request. These conditions have been included in the draft Planning Commission resolution. Economic Development Economic Development staff has reviewed the project and supports the applicant's request for live entertainment and dancing in association with private events. They state that the economic vitality of the Balboa Village business district is highly seasonal and derived mostly from visitor - serving uses, rather than local residents. Many businesses thrive during the summer season; however, during the off - season businesses must draw customers to their establishments by advertising, promotion, and providing facility space for private events. The Balboa Inn fits the business pattern described above and has relied on weddings and other private events as a part of their business model. Private events are commonplace in hotels and inns in Newport Beach and throughout the coastal zone. The Balboa Inn has also invested a significant amount of resources with an expansion and remodel. The Economic Development staff believes that a severe restriction or elimination of this activity would significantly impact their business and possibly adjoining businesses as well. Building & Fire Department Concerns Both the Fire Department and Building Departments have commented that the north dining room as shown on the plan must provide two exits, one of which must exit directly to the outside of the building, rather than exiting into the south dining room. Based on discussions with the departments, it appears it will be infeasible to provide a second exit in compliance with the code requirements. Therefore, as an alternative, both departments have agreed that interior partition doors may be removed, creating one room that will provide the proper exiting requirements. Staff believes that the remaining wing walls will still allow the restaurant operator to close off the north dining room with a rope barrier or similar device when not in use, consistent with the conditions of the previous Use Permit approval that limits the amount of net public area before 3 p.m. A condition of approval has been included in the draft resolution to remove the partition, subject to the review and approval of both the Fire and Building Departments. I `{ 105 Main Street (PA2006 -270) April 19, 2007 Page 12 of 15 Clarification of Previous Operating Condition Condition No. 3 (May 22, 1986 approval) states the following: That the operation of the primary restaurant shall be restricted to the hours between 6:00 a.m. and 2:00 a.m. daily. Only 1,365 sq. ft, of "net public area" shall be utilized prior to 3 :00 p.m. After 3:00 p.m., the combined "net public area' of the primary restaurant, cocktail lounge and outdoor dining shall not exceed 2,773 sq. ft. at one time. In 1985, Use Permit No. 3158 was first approved to allow the conversion of various existing restaurant uses within the Balboa Inn into two, expanded restaurants (the subject primary restaurant and a smaller secondary restaurant). due to the increased parking needs attributable to the expanded primary restaurant, a condition was applied to the project limiting the useable NPA of the primary restaurant to 1,365 sq. ft. before 3 :00 p.m. to avoid impacting public parking in the Balboa lot. In 1986, the Use Permit was amended to allow the secondary restaurant to be converted into retail space and authorized the transfer of the allowable NPA to the primary restaurant; however, the condition limiting the amount of NPA that can be used before 3:00 p.m. was inadvertently never updated. The condition should have been changed to allow 1,696 square feet of NPA (reflecting the NPA transferred from the secondary restaurant to the primary restaurant; 1,365 + 331 = 1,696 sq. ft.) prior to 3:00 p.m. Additionally, the term "primary" should have been removed as the Use Permit only relates to the operation of the one restaurant. The applicant had also requested to allow the operation of the bar area prior to 3:00 p.m. which was approved as long as the total NPA did not exceed 1,696 square feet. Staff recommends that the condition be amended to correctly reflect the amendment of Use Permit 3158 that occurred in 1986. The condition should read as follows: The operation of the restaurant shall be restricted to the hours between 6.00 a.m. and 2 :00 a.m. daily. The total combined `net public area" of the interior dining rooms, cocktail lounge, outdoor dining and courtyard area shall not exceed 1,696 sq. ft. prior to 3 :00 p.m. After 3 :00 p.m., the total combined "net public area" shall not exceed 2, 773 sq, ft. at one time. General Use Permit Findings In addition to the required findings for the parking waiver request, Section 20.91.035 of the Zoning Code requires that the Planning Commission make certain general findings for Use Permit requests. These findings are listed and discussed below. 1. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. 15 105 Main Street (PA2006 -270) April 19, 2007 Page 13 of 15 The project is located in the Retail and Service Commercial land use designation of the Central Balboa Specific Plan District which is intended to provide the Central Balboa area with commercial services for permanent residents and visitors of the area. Hotel and restaurant uses are permitted within this designation with the approval of a Use Permit. The current restaurant and bar use operate pursuant to Use Permit No. 3158, and the introduction of live entertainment and dancing in association with the existing restaurant is consistent with this designation. 2. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. The introduction of live entertainment and dancing within the existing restaurant, pursuant to the conditions of approval regulating operation and maintenance of the use, is consistent with the Mixed Use Vertical (MU -V2) land use designation of the General Plan. This designation allows non - residential uses including retail, office, restaurants, and similar uses. The existing hotel, restaurant, and retail uses of the structure are consistent with this designation. Additionally, with the recommended conditions of approval, noise impacts to the adjacent residential uses will be minimized. The live entertainment and dancing will be permitted to operate within the indoor dining room only and all doors and windows will be required to remain closed at all times during such activities, except for ingress and egress of patrons and employees. The proposed double -pane window and door enclosure off E. Ocean Front will significantly decrease the transmission of sound outside the facility, and will be required to remain closed at all times during such events, except for emergencies. Live entertainment and dancing provided only in association with private events would serve to enhance these events and improve marketing of the venue, but not necessarily increase attendance at any single event. Additionally, these private events have been conditioned to conclude at 10:00 p.m., with any associated live entertainment concluding at 9:30 p.m. 3. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. The Central Balboa Specific Plan requires an increased parking requirement for eating and drinking establishments providing live entertainment; however, the project as conditioned only permits live entertainment and dancing in conjunction with private events to enhance and supplement the hotel's existing banquet operation; therefore, the parking demand will not be as high as a separate restaurant operation, nor exceed the J(P 105 Main Street (PA2006 -270) April 19, 2007 Page 14 of 15 restaurant's current demand for parking, supporting a waiver of the parking space requirements associated with the introduction of live entertainment. Additionally, the project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized to the greatest extent possible. CONCLUSION Staff believes that the findings necessary for the approval of live entertainment and dancing can be made only if such activities are 1) allowed only in conjunction with private events to avoid impacts to parking available to beach visitors, and 2) adequate conditions of approval are placed to mitigate and minimize noise impacts to the adjacent residences. Live entertainment proposed for weekend afternoons should be denied as it increases parking demand and may result in a possible inconsistency with Coastal Land Use Policy 2.9.3 -9. It is staffs opinion that the project, as conditioned, would not prove detrimental to the adjacent residential uses given improved sound attenuation and is compatible with and complements the surrounding commercial area of the Balboa Village. ALTERNATIVE ACTION Should the Planning Commission conclude that the project, as proposed, would not be compatible with the surrounding uses and would prove detrimental to the adjacent residential uses, the Planning Commission should direct staff to prepare findings and a resolution denying the amendment request and return at the next Planning Commission meeting date with such resolution for adoption. ENVIRONMENTAL REVIEW The project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA). PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. 11 Prepared by: Jairp urillo, Associate Planner 105 Main Street (PA2O06 -270) April 19, 2007 Page 15 of 15 Submitted by: —7e, David L14po, Pla ping Director Exhibits 1. Draft Resolution No. 2007-. findings and conditions of approval 2. Event Schedule 3. Applicant's Wedding Brochure 4. Neighboring Property Owner's Letters 5. Exterior Noise Standards 6. Noise Investigation 7. Police Department Report S. Comment Letters 9. Site Photographs 10. Project Plans IS/ EXHIBIT 1 Draft Resolution of Approval 11 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3158 PERMITTING LIVE ENTERTAINMENT AND DANCING AND A PARKING WAIVER FOR AN EXISTING RESTAURANT LOCATED AT 105 MAIN STREET (PA 2006 -270) WHEREAS, an application was filed by Balboa Inn LLC, with respect to property located at 105 Main Street, and legally described as Lots 12, 13, 14, 15 & 16 in Block 10 of the Balboa Tract, requesting an approval of an amendment to Use Permit No. 3158 to permit live entertainment and dancing within an existing restaurant use and a waiver of 24 parking spaces associated with the introduction of live entertainment; and WHEREAS, a public hearing was held on April 19, 2007, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the subject property is located within the Central Balboa Specific Plan and is subject to the parking requirements of Section 20.45.050(F) which establishes a fixed parking ratio for eating and drinking establishments with and without live entertainment. With the introduction of live entertainment, the restaurant would be required to provide a total of 80 parking spaces or an increase of 24 parking spaces. Since the site cannot accommodate any off- street parking, a waiver is therefore needed for the 24 parking space increase attributable to the introduction of live entertainment; and WHEREAS, a Use Permit for the 24 space parking waiver has been prepared and approved in accordance with Section 20.66.100 (Modification or Waiver of Off -Site Parking Requirements) of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: Finding: That municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. Facts in Support of Finding: A large municipal parking facility is located directly south of the property and is the primary parking for beach visitors and for the commercial uses of the Balboa Village. During the evening hours, the public parking lot is not heavily used by beach visitors and the municipal parking facility should be able to accommodate the parking demand of the project, as conditioned, without impacting public parking spaces available for coastal access. 2. Finding: The parking demand will be less than the requirement in Section 20.66.030. Facts in Support of Finding: 20 Planning Commission Resolution No. _ Page 2 of 10 a. The restaurant is an integral part of the hotel itself, and when wedding receptions and other private events occur, the restaurant actually functions more like a banquet facility for the hotel. b. Typically, hotels are permitted to include accessory restaurants and banquet facilities without providing increased parking, since these activities are normally associated with hotel operations. c. Private events not providing live entertainment and dancing are currently permitted activities. The addition of live entertainment for these private events would serve to enhance these events and improve marketing of the venue, but not necessarily increase attendance at any single event. d. A parking requirement of 1 space per 50 square feet of net public area would be more realistic in this case. Therefore, the parking demand is less than the 1 space per 35 square feet of net public area required by the Central Balboa Specific Plan parking requirements and does not exceed the restaurant's current demand for parking in association with these events. 3. Finding: The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. Facts in Support of Finding: The long term occupancy of the restaurant space, based on its design and as conditioned, is not anticipated to generate any additional parking demand. The principal operation of the use will remain a restaurant, and its use by the hotel as a banquet facility for private events will remain an accessory use; and WHEREAS, a Use Permit for the introduction of live entertainment and dancing has been prepared and approved in accordance with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: The project is located in the Retail and Service Commercial (RSC) land use designation of the Central Balboa Specific Plan (SP -8) District which is intended to provide the Central Balboa area with commercial services for permanent residents and visitors of the area. Hotel and restaurant uses are permitted within this designation with the approval of a Use Permit. The current restaurant and bar use operate pursuant to Use Permit No. 3158, and the introduction of live entertainment and dancing in association with the existing restaurant is consistent with this designation. 2. Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or a�� Planning Commission Resolution No. _ Paae 3 of 10 working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: a. The introduction of live entertainment and dancing within the existing restaurant, pursuant to the conditions by which it will be operated and maintained, is consistent with the Mixed Use Vertical (MU -V2) land use designation of the General Plan. This designation allows non- residential uses including retail, office, restaurants, and similar uses. The existing hotel, restaurant, and retail use of the structure is consistent with this designation. b. Noise impacts and disturbances do affect the neighboring residential units, and without proper controls can prove detrimental to the surrounding community. By limiting live entertainment and dancing to private events only and establishing proper controls and conditions, potential noise impacts will be minimized. In addition to complying with all applicable Municipal Code sections pertaining to the control of noise, a number of conditions as in Exhibit "A" have been adopted to control potential noise related problems and prevent the establishment from operating promoted parties and night club events open to the public. C. Live entertainment and dancing provided only in association with a private event is not anticipated to increase the parking demand of the facility or further impact the parking availability for the area. The addition of live entertainment for these private events would serve to enhance these events and improve marketing of the venue, but not necessarily increase attendance at any single event. 3. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: The Central Balboa Specific Plan requires an increased parking requirement for eating and drinking establishments providing live entertainment. However, the project as conditioned only permits live entertainment and dancing in conjunction with private events to enhance and supplement the hotel's existing banquet operation; therefore, the parking demand will not be as high as a separate restaurant operation, nor exceed the restaurant's current demand for parking, supporting a waiver of the parking increase associated with the introduction of live entertainment. Additionally, the project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized to the greatest extent possible. WHEREAS, Coastal Land Use Polices 2.9.3 -1 and 2.9.3 -2 require properties with non- conforming parking to provide code required off - street parking when new uses result in increased parking demand and requires the City to deny applications for waivers of off - street parking requirements that are found to impact public parking available for coastal access. The introduction of live entertainment and dancing requires 24 additional parking spaces that cannot be provided on -site; however, the findings necessary to approve the parking waiver can be IN Planning Commission Resolution No. Page 4 of 10 made consistent with these policies. Live entertainment and dancing provided in association with private parties only is not anticipated to increase the parking demand of the facility or further impact the parking availability for the area, as the addition of live entertainment would serve only to enhance these currently permitted events, and will not necessarily increase attendance; and WHEREAS, the economic vitality of the Balboa Village business district is highly seasonal and derived mostly from visitor - serving uses, rather than local residents. Many businesses thrive during the summer season; however, during the off - season businesses must draw customers to their establishments by advertising, promotion, and providing facility space for private events. The Balboa Inn fits the business pattern described above and has relied on weddings and other private events as a part of their business model. Private events are commonplace in hotels and inns in Newport Beach and throughout the coastal zone. The Balboa Inn has also invested a significant amount of resources with an expansion and remodel. A severe restriction or elimination of this activity would significantly impact their business and possibly adjoining businesses as well; and WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the implementing Guidelines of the California Environmental Quality Act (CEQA); and WHEREAS, the requested live entertainment and dancing proposed on weekend afternoons for the general public has been denied for the following reasons: 1. Between the hours of approximately 11 a.m. and 6 p.m. (8:00 p.m. in summer), the municipal lot is filled to capacity by beach visitors and boat charters. Providing live entertainment on a regular basis for the customer's enjoyment would attract more customers, in turn, generating an increased parking demand. This would negatively impact public parking resources and is inconsistent with Coastal Land Use Policy 2.9.3 -2. 2. The Police Department cites that they are required to spend a substantial amount of time and resources policing the general area in and around the applicant's location, where a majority of the problems encountered include public drunkenness, noise complaints, argument mediation, assaults, thefts, and other public nuisances. Weekend afternoon events open to the public attract increased visitors to the bar, which can lead to increased calls for service and increase the demand for law enforcement. NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves the amendment to Use Permit No. 3158, subject to the Conditions set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. a3 Planning Commission Resolution No. Pane 5 of 10 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF APRIL 2007. AYES: NOES: M Jeffrey Cole, Chairman BY: Robert Hawkins, Secretary 9q Planning Commission Resolution No. _ Paae 6 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 3158 Project Specific Conditions 1. The development shall be in substantial conformance with the approved floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The amendment to Use Permit No. 3158 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The existing wrought iron gates located at the entrance of the courtyard off E. Ocean Front shall be replaced with sound attenuating double pane doors and windows and installed with panic hardware. The design of the doors shall be reviewed and approved by the Planning Director, prior to Building Permit issuance. 4. The operation of the restaurant shall be restricted to the hours between 6:00 a.m. and 2:00 a.m. daily. The total combined "net public area" of the interior dining rooms, cocktail lounge, outdoor dining and courtyard area shall not exceed 1,696 sq. ft. prior to 3:00 p.m. After 3:00 p.m., the total combined net public area" shall not exceed 2,773 sq. ft. at one time. 5. That the barrier used to define the limits of the outdoor dining area and the portion of the restaurant that will be used prior to 3:00 p.m. shall be approved by the Planning Department. (1985 Condition) 6. That a minimum 3 -foot -wide space shall be maintained between the edge of the bridge over the East Ocean Front sidewalk and any tables and chairs. (1986 Condition) 7. That a minimum 3- foot -wide space shall be maintained between the edge of the buildings and any tables and chairs in the outdoor dining areas. (1986 Condition) 8. That all outdoor dining areas shall be clearly defined by poles and ropes, or other means approved by the Planning Department. (1986 Condition) 9. That the second floor tables and chairs shall be arranged so that they will not obstruct access to rooms or stairways. (1986 Condition) 10.That twenty -four (24) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the preliminary restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. (1986 Condition) as Planning Commission Resolution No. Page 7 of 10 11. Prior to instituting food service on the bridge over the City -owned East Ocean Front sidewalk, the applicant shall enter into an agreement with the City Attorney that fully protects the City against any loss or damage from injuries that are in any way related to the intensification of the use of the bridge. (1986 Condition) 12.All doors and windows of the dining room areas shall remain closed at all times during events, except for ingress and egress of patrons and employees. Additionally, the doors shall be equipped with self- closing hinges. 13.The doors off East Ocean Front shall remain closed at all times during events providing live entertainment, amplified music, and/or dancing. Ingress and egress by patrons and employees shall be prohibited, except for emergencies. 14. The use of live entertainment shall be permitted in the interior dining room areas only, as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit issued by the City Manager. Such activities shall be prohibited within the courtyard area and second floor patio areas. 15. Live entertainment and dancing shall be permitted in conjunction with private events only. The use of live entertainment and dancing shall be prohibited for any other events and uses open to the general public. For the purposes of this condition, private events are defined as any function which is not open to the general public and limited to those persons individually invited and for which no admission charge is made (i.e. weddings, birthday parties, retirement parties, and corporate parties). 16. Private events shall conclude at 10:00 p.m., and any associated live entertainment shall conclude at 9:30 p.m. 17.The use of strobe lights or other special lighting effects that are determined to produce visual impacts to the neighboring uses and residents are prohibited. 18. Background music on any of the outdoor patios, dining areas, lounges, or waiting areas is prohibited. 19. Dancing is permitted in the interior dining room areas only, as depicted on the approved set of plans. 20. Dancing is prohibited within the courtyard area, bar, or outdoor patios, unless authorized by a special events permit or an amendment to the Use Permit. 21. Prior to the introduction of live entertainment or the issuance of a Live Entertainment Permit, the applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the Use Permit. akD Planning Commission Resolution No. Page 8 of 10 22. Two exits shall be provided within each interior dining room area. In -lieu of providing two exits within each room, the existing interior partition separating the two interior dining rooms shall be removed. 23. An exiting analysis shall be provided for the review and approval of the Building and Fire Departments. Analysis shall include occupant load of all spaces, number of exits, exiting paths, and door hardware. Analysis should illustrate what is existing, what is required by Code, and what is proposed. 24.That the on -site development standards as they apply to walls, landscaping, parking lot illumination, a portion of the required parking and utilities, are waived. (1986 Condition) Standard Conditions 25. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 26.This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 27.The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 28.Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 29.The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 30. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 31. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current owner or leasing company. 32. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, live entertainment, pre - recorded amplified music, food service operations, and mechanical �1 Planning Commission Resolution No. Pape 9 of 10 equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 33. No outside paging system shall be utilized in conjunction with this establishment. 34.AII trash shall be stored within the building or within dumpsters stored in the trash enclosure. 35.Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right -of- way. 36. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 37. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained to control odors. This may include the provision of either fully self - contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 38. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specified by Title 20 by providing self - locking gates. 39. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 40. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 41. No background music shall be allowed on any of the outdoor patios, dining areas, lounges or waiting areas. 42.A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 43. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money A� Planning Commission Resolution No. Page 10 of 10 collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 44.AII exits shall remain free of obstructions and available for ingress and egress at all times. 45. Strict adherence to maximum occupancy limits is required 46. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifyinghicensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 47-The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 48.That a washout area for the restaurant's trash containers shall be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains, unless otherwise approved by the Building Department. (1985 Condition) 49.That grease interceptors shall be installed on all fixtures in the restaurant facilities where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. (1985 Condition) ;�y EXHIBIT 2 Event Schedule 36 BALBOA INN EVENT SCHEDULE MONTH/YEAR EVENT DATES (WEDDINGS/PRIVATE PARTIES), December 2006 2, 15, 16, 29 January 2007 6 February 2007 - - -- March 2007 24,31 April 2007 1, 7, 14, 21, 28 May 2007 5, 12, 19, 26 June 2007 9, 16, 30 July 2007 7, 13 August 2007 4, 11, 18 September 2007 1, 8, 22 October 2007 5, 27 November 2007 11, 17 December 2007 - - -- Live Band performance in the courtyard every Sunday 3:00 — 7:00 PM 31 EXHIBIT 3 Wedding Brochure Availability -- Ceremonies on our Siena Second Floor Terrace may be scheduled between t2 noon e3 y pm. Receptionr are available from q an to i2:3o am in our Siena Grand Room d Courtyard. Receptions are also available on the Siena Second Floor Terrace from 11:30 am to y pm. -- Cake Cutting -- Cake Cutting is available at $2.5o per slice additional cut tiig cost. — Oecor — We would be happy to extend to you the choice of using your own decorating service or the leisure of decorating your event spare on your own. We ask that this takes place no more than 3 hours prior to the event and that all electrical needs, additions and /or modz'cations are first approved byyour euent manager prior to the event date. Any decor that includes fire, open /closed flame, heat, extension cords, or altering of the original furnishnigs, flooring., walls, or structure of the hotel and/or event romps must be approved prior by the event manager. This includes the use of tacks, nails, glue and all tapes other than scotch tape. Any decor or decor garbage or packaging left behind after the event will be thrown away and /or rf requested kept in stores with a daily charge of $t5o.00 per day until retrieved. — Event Times — All evening events are 6 hours in length and daytvne events are 5 hours in length. Each additional evening hour is .$`500.00 per hour. Each additional daytime hour is $25o.0o per hour. — Guaranteed Guest Count -- A confirmedguest Account must be given sq days prior to the event with final payment. Any additionalguests added after this date will be charged at regular menu priccir{g. -- Labor Charges — Hosted Bar: The hotel will provide one bartender for the first 75guests and then additional bartenders up to 200guests as needed. Hosted Bars are provided complimentary bartender service. Cash Bar: Non hosted bars will be charged $25.00 per hour, per bartender with a four hour minimum. The hotel can also provide additional bellrnan, bartenders, carvers, station attendants andfood and beverage servers at a fee of $`95.00 per hour with a four hour maximum. — Menu Tasting -- Menu tastings are available with our executive chef by appointment onlyfor f 75.00 plus tax. This charge covers tasting for four people and consist of champagne or &in&, soup or salad, main entree and dessert. Menu tastings are available onlyfor scheduled or contracted receptions. — Music ,- Professional music recmnmendations can befound on our rferral page. All music and live entertainment must be coordinated and approved prior to event day withyour event manager. a b -.y g� AL{ y Our Second Floor Ocean View Siena Terrace, host's up to 125 guests for your wedding or reception. Our Siena Grand Dining Room and Courtyard are also available and hart's up to zooguests for receptions, rehearsal dinners, a special events. Prepare for the ceremony in our Bride and Grown Dress" ing Room, which connect to our overnight Honeymoon Ocean ideal Suite provided the night of your weddisy. Sayyour "l do's" on our second floor ocean view Siena Terrace before family e3 friends. Your choice of white or naturalgarden wooden chairs andgift table Your choice of white or red isle runner Your choice of Arch Trellis in white, metal, or natural wood finish. Guest book Stand e) Ceremony Rehearsal Event Manager for Rehearsal Ceremony and Wedding Day Ceremw�y Starting at $1,500 Choice of available pre -rem ceptzon and receprion location Choice of black or white linens 9 napkins Tabletop mirrors e3 decorative candles Wooden Dance Floor e9 Table numbers Food e? Beverage Manager Champagne Toast October thru April Starting at $75o May thru September Starting at $i,5oo 3t EXHIBIT 4 Neighboring Property Owner's Letter January 4, 2007 City Manager Planning Director Police Department Code Enforcement Department Dear Sirs, The peace disturbance at the Balboa Inn is a continuing problem. The Balboa Inn people called my new tenant, Cary Sesulka, and asked her to call when her peace was disturbed. That occurred last night at about 11:00 PM. They did turn the music down. It took her along time to get back to sleep. She told me that the Balboa Inn is having a loud amplified music program each Wednesday night I wrote you a letter dated November 25, 2006.1 appreciate the phone calls that I received from each of you after my letter. Nothing has changed. I was told that the Balboa Inn does not have a Use Permit for this kind of activity, But the City is allowing it because the Balboa Inn has a application in for a Use Permit and that the Balboa Inn had made contracts with number of people in the fi ture. Looking at my schedule that I received from the Planning Department, there is one night, January 6 in January and no dates in February. Why are they allowed add new nights now ? I have spoken to Dave Lepo requesting that the hearing for the Use Permit not be held during the time of March 15 - 22 as I will be out of town. I don't understand why some one has to complain about the peace disturbance, then the loud noise is turned down. Why can't it be turned down to begin with. Please tell me how enforcement is handled, A call to the police, music is turned down Another day a call to the police, music is turned down Another day a call to the police, music is turned down And so on How long does this go on before our peace is not disturbed any more ?. Thank you for your attention to our peace. Utc l Vic Sherreitt 400 S. Bay Front Balboa Island, Ca 949 673 -6640 $0 RECEIVED BY PLANNING DEPARTMENT PFC 5 2006 To whom it may concern: City Manager CITY OF NEWPORT BEACH Planning Department Police Department Code Enforcement Department November 25, 2006 I own a duplex at 704 E. Ocean Front neat door to the Balboa Inn and have owned it for about 35 years. A very serious problem has developed in the last 2 months in regards to the Disturbance of Peace to our tenants. Below is listing of my contacts with those involved with our problem up to today, December 1. On or about October 18,1 received a call from the tenant in our lower unit that they were moving because they could not sleep at night due to the excessive loud music from the Balboa Inn. He told me that a truck would bring special furniture and place it in the hallway that leads off the board walk. Later in the evening, amplified live music, a DJ, and strobe fights would begin and go into the night. It has already cost us several thousands of dollars for loss of rent, clean up to get ready to rerenl, advertisement, and much time. If this condition continues, the people who have rented for 14 years in the upper unit will move too. In effect it would make renting very difficult and a great drop in property value. On Thursday, October 25,1 went to the Balboa Inn about 8:30 PM and was told that there would be a private party that night. There were advertisements posted on the building regarding a 3 night Halloween celebration to occur on the weekend. On Friday, October 26, T went to the city offices to inquire about the excessive load music and disturbance to the peace. I was told to go to the Planning Department as they issue Use Permits for this. The Planning Department sent me to Code Enforcement. I spoke to Charles Spence. He said that he had received several complaints regarding the excessive noise and the blocking the boardwalk. He would check the permits for this activity. Several days later, he indicated that he was having trouble checking this out as it was very complicated and really not clear what if any permits had been given to the Balboa Inn. He then indicated that Jaime Murrillo would do the checking. On Tuesday, November 14, I called Jaime. He said that he would call back later with the information. We had been out of town for period of time. On November 16 or 17, 1 spoke to Jaime. He said that he was very busy with some other things, but would have information for me by late afternoon on Monday, November 21. On Tuesday, November 22, I called to Jaime's office. The message on the phone said that he would return after Thanksgiving. On Sunday, November 19, about 4:15 PM I went to show and rent the empty lower unit to a lady. There was very loud music coming from the hallway leading onto the boardwalk in the Balboa Inn. It was so loud that I had to cover my ears. The lady liked the unit, but did not rent it. I spoke to Ray, the Balboa Inn manager. He agreed that the noise was excessive. He said that he would move it inside to enclosed room in the future. I spoke to him about the evening activity. He said that they did it only one night and that only 8 people attended and that they would not have any more 31 evening activities. Every Sunday, the people in upper unit leave their home because the music is too loud. People can't even stay in their own home because of the Disturbance of their Peace. On Friday, November 24 at 11:00 PM, I received a call from the tenants in the upper unit that they could not sleep due to the excessive thumping music from the Balboa Inn. I told him to call the police and immediately took the ferry across to see and bear what was bappening. The police had arrived. There was a covering over the doorway to the hallway on the boardwalk. Inside were strobe lights, a DJ, amplified live music, and a mass of people. Around the corner at the main entrance was another large group of people waiting get in and a large man as bouncer. I was told that as people came out, others paid to go in.. Two police officers were there. They had asked that the music be toned down. We talked and observed for about 15 minutes. There was no change in the volume. The officers agreed that the noise was very excessive. One of the officers said that he had seen a permit for the night club activity but did not remember the conditions on it. About that time a police car arrived with a Sergeant. We again went through the whole matter. I asked about closing the Peace Disturbance down. He stated that he had no way of measuring the decibels of excessive noise and that he had no authority to do any thing regardless of how loud the Peace Disturbance was because someone in the city had issued a permit. It was up to Code Enforcement to do that and they would be back on Monday, November 27. During this whole time, the tenant, Joe Dorrity, was present. On Monday, November 27, I talked to Charles Spence in his office. He was most helpful and cooperative to me. He said that a entertainment permit had been issued in error by the Revenue Department. I asked to see the permit and the Revenue Department lady showed it to me. There was a condition that prohibited the disturbance. He told me that a citation had been issued on Wednesday, November 22 to the Balboa Inn for peace disturbance and that any permit that the Balboa Inn had for live entertainment was revoked. Re also gave to me a copy of Planning Commission minutes for the Use Permit hearing. Item # 11 on the conditions says "that neither restaurant shall feature live entertainment or dancing unless an amendment to this permit is approved" According to Charles Spence, no amendment has been approved. Since the live amplified music had been stopped, I did not give any one this letter that bad information up until Monday November 27 except Charles Spence. 1 have a call into Todd Hughes of the Police Department to find out what complaints that they have had in the last 4 months. To now continue: Tuesday, November 28 Tony George, the tenant that moved out returned my call. l asked him when the excessive loud music began, He said that he thought it was in dune. He said that he called the police about 5 or 6 times and his wife also called 5 or 6 times. He said that the Balboa Inn people offered him free food and reduced rate rooms to keep him from calling the police. He said if he knew that the loud music could be stopped, he would not have moved. On Wednesday, November 291 showed and leased the unit with the understanding that the new tenant would not have her peace disturb by excessive loud amplified music from the Balboa Inn. 3V, Today, December 1, I received a call from Charles Spence, that things had changed. The city bad over ridden his citation to the Balboa Inn and given temporary permission to continue the live amplified music on Sunday afternoons and for specific dates that the Balboa Inn now had for parties and weddings. I have requested a list of dates and times of the already scheduled parties. I do not understand why the music continues on Sunday afternoons, as there is no commitment or contract to anyone for that. Questions: Can the police department stop a disturbance ? Do you issue use permits for night club activities without a public hearing ? Are there conditions regarding the disturbance of peace on permits ? Do the Police Department, the Code Enforcement, and the Planning Department communicate with each other on such matters ? What are the conditions on the temporary permit ? If the amplified live music disturbs the peace, and we call the police, what can they do ? How do you determine whether the amplified music is disturbing the peace ? How do we as citizens in the community for many years protect ourselves from people who disturb our peace and just start a night club activity in the last several Months/ Is it the plan for the Balboa Peninsula to be more attractive to families ? At present there are 6 or more night life bars around the Fan Zone. Does adding a night club enhance the area and upgrade it ? Tlnk youAOUU ld ' a timely response. Vic Sherreitt 400 S. Bay Front Balboa Island 949 673.6640 39 EXHIBIT 5 Exterior Noise Standards 10.26.025 Exterior Noise Standards. 10.26.025 Exterior Noise Standards. A. The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone: Page 1 of 1 If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or 10 allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1, The noise standard for the applicable zone for any fifteen - minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A- weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995; Ord. 95 -38 § 11 (part), 1995) << previous I next >> http:/ /municipalcodes.lexisnexis.com/ codes( newportb/ _DATAITITLE10IChapter_10_26_... 03/29/2007 �� Allowable Allowable Exterior Noise Exterior Noise Level Level (Equivalent (Equivalent Noise Level, Noise Level, Leq) Leq) Noise 7 a.m. to 10 10 p.m. to 7 Zone Type of Land Use p.m. a.m. Single-, uitiQle- 55 DBA 50 DBA a nly residential II Commercial 65 DBA 60 DBA III Residential portions of 60 DBA 50 DBA mixed -use properties IL IV Industrial or manufacturing 70 DBA 70 DBA Page 1 of 1 If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or 10 allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1, The noise standard for the applicable zone for any fifteen - minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A- weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995; Ord. 95 -38 § 11 (part), 1995) << previous I next >> http:/ /municipalcodes.lexisnexis.com/ codes( newportb/ _DATAITITLE10IChapter_10_26_... 03/29/2007 �� EXHIBIT 6 Noise Investigation 0 t5 EXHIBIT 7 Police Department Report a1 City of Newport Beach Police Department January 9, 2007 TO: Jaime Murillo, Staff Planner FROM: Detective Dave Stark SUBJECT: Balboa Inn (Use Permit 2006 -270) 105 Main Street At your request, the Police Department has reviewed the project request for Siena at the Balboa Inn, located at 105 Main Street, Newport Beach. The applicant requests to amend Use Permit No. 3158 to allow live entertainment and dancing. The existing permit does not allow for this provision, however, on April 2, 2004, the CNB Finance Department issued a permit to conduct Live Entertainment and Dance in error. The Planning Department has allowed the Balboa Inn to conduct live entertainment and dance until this amendment is processed. The applicant states that the area designated for live entertainment and dancing is indoors. Additionally, live band entertainment will be offered on an outside patio on Saturdays and Sundays. The ABC License currently allows alcohol to be served until midnight, seven days a week. Per the CUP, food and beverage may be served until 2:00 a.m. The Police Department is very concerned about the potential negative impact the applicant's request will have on the quality of life in the neighborhood. These concerns are based on documented incidents occurring in the immediate vicinity of this location. The Police Department has also received a detailed letter from a concerned citizen who is a local property owner, describing the problems nearby residents have encountered due to excessive noise related to live entertainment and dancing. We have included a report prepared for reference by Police Department Crime Analyst Paul Salenko in support of our concerns that provides detailed statistical information related to calls for service in and around the applicant's place of business. Auuticant History: The Balboa Inn is a historical building consisting of 34 rooms, retail spaces, a restaurant and bar. Historically, the business has had numerous changes in ownership (and operators) and it is currently operating under a CUP that was issued in 1986. The Balboa Inn had 37 reported calls for service (excluding 911 q6 Balboa Inn UP 2006 -270 Page 2 of 3 hang ups) at their business during the last year including public drunkenness, noise complaints, fights and thefts. Hours of Operation: If the applicant's request were approved to allow live entertainment and dancing in spite of the Police Department's recommendation to the contrary, we would request the hours for these designated activities be examined and clearly defined. Security Require the applicant to develop an approved security plan designed to ensure compliance with applicable state and local laws, and the conditions of the ABC license, the use permit, and other such permits issued by the City. Emnlovee Trainin Require all owners, managers and employees serving and /or selling alcoholic beverages to undergo and successfully complete a certified training program in responsible methods and skills for serving and selling alcohol beverages. Additional Comments: The Police Department also believes that allowing live entertainment and dancing increases the likelihood that additional noise and patrons generated from the location may negatively impact nearby residences, resulting in additional neighborhood complaints. We recommend that appropriate mitigation measures be identified and required of the applicant to control these situations if the application is approved. Based on our local history and experiences in this area during the last year, the applicant's activities resulted in an increase in Police Department calls for service. For the purposes of this application, staff may also want to consider establishing conditions that would require a Special Event Permit. A Special Event Permit should be required for any event or promotional activity outside the normal operational characteristics of the proposed operation. Examples of these types of events are those likely to attract large crowds, events where an admission fee is charged, those that include any form of party or contract promoters and any other activities that are specified in the Newport Beach Municipal Code requiring such permits. 0 Balboa Inn UP 2006 -270 Page 3 of 3 The Police Department is required to spend a substantial amount of time and resources policing the general area in and around the applicant's location. The majority of the problems encountered included public drunkenness, noise complaints, argument mediation, assaults, thefts, and other public nuisance offenses. This area also experiences heavy vehicular and pedestrian congestion on weekends, holidays and during the summer months and is one of the busiest areas of the city. In summary, the Police Department does not recommend approval of the requested modifications to the Conditional Use Permit. We believe the modifications will have a negative impact on the surrounding area and additional police services. Submitted by: Detective Dave Stark Vice and Intelligence Unit 5b City of Newport Beach Police Department Memorandum January 3, 2007 TO: Jaime Murillo, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Balboa Inn at 105 Main St. This area encompasses our reporting district (RD) number 12 as well as part of Census Tract 628. This report reflects City of Newport Beach crime data for calendar year 2005, which is the most current data available. Calls for Service Information City wide there was 61,428 calls for police services during this time, of which 2,226 were in RD 12. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 6,142 crimes reported to the Newport Beach Police Department during this period. Of this total, 3,137 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,005 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,882.43 per 100,000 people. The national Part One crime rate was 4,063.4* per 100,000 people. Crimes RD 12 Newport Beach California* National* Part 1 124 3,137 1,420,637 11,816,782 Part 71 3,005 N/A N/A Part 1Crime Rate 7,315.63 3,882.43 4,003.5 4,063.4 The number of active ABC licenses in this RD is 29 ** Per capita ratio 1 license for every 58 residents. This reporting district had a total of 256 reported crimes as compared to a City wide reporting district average of 162 reported crimes. This reporting district is 94 crimes or 58.38% above the City wide reporting district average. This location is not within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council "K -7" policy. This location is not within an RD that is over the Orange County per capita average of ABC licenses * *. 61 Arrest Information There were 12 DUI arrests and 49 Plain Drunk arrest in this area during this same period as compared to 1,051 for the entire city. This RD amounts to 5.8% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests (DUI /Drunk) All Arrests RD 12 Newport Beach 61 1,051 81 3,115 California* National* N/A N/A 1,457,151 9,579,611 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 13 and RD 15 Crimes RD 13 RD 15 Part 1 111 281 Part 2 98 224 Crime Rate 6,075.53 9,939.87 Arrests (DUI Drunk) 41 324 All Arrests 102 322 Calls For Service 2,329 5,687 Number of active ABC licenses 6 ** 73 ** Per capita ratio] license for every 305 ** 39* residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 80,800. *These numbers are from the 2004 Uniform Crime Reports, which is the most recent edition. * *The number of active ABC licenses is the total of all types of 1�censes known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit 51 EXHIBIT 8 Comment Letters R April 3, 2007 Planning Department Newport Beach City Hall 330 Newport Blvd. Newport Beach, CA 92663 -3884 Attn: Robert Hawkins, Secretary, Planning. Dear Honorable Planning Commission: RECIPAD @Y PLANNING p@PARYM@NT APR 0 9 2007 CITY OF NEWPORT BEACH I have lived in Newport/Balboa since 1950. 1 am aware your job is not an easy one.. I would like -to express my concerns regarding the -Siena us- ,permit 3158. 1. The request for parking requirements to be waived, makes no sense. Why would you consider favoring this establishment over other businesses in town? If his Business Plan is so thin that paying for 20 or so more parking spaces will makea differene6, then, perhaps he should take, another look at his Business Plan to decide if it will make a profit at all. 2. There is already a rowdy club on the comer of Main Street and East Oceanfront. I cannot imagine, that another potentially rowdy club on the other comer could be an enhancement to the community. It is difficult already to take a quiet stroll on the pier at night. 3. Live entertainment! dancing! AND alcohol! Good grief do we need that? No matter if you require all sound to bo low doci"- , doors closed, no outdoor patio dancing, enforce the occupancy rules and monitor bartenders to prevent the sale of liquor to already inebriated persons, there will likely be drunken behavior. Smokers will overflow onto the public boardwalk. 4. How much benefit will come from a Security Guard? Can they stop potential drunk drivers? Citizen complaints are few because Locals have learned that Police presence is mostly down in West Newport area and slow to respond to Balboa. The last time I called Police, I was awakened from my sleep by a dozen Macho men shoving each other around the meter parking lot. All yelling the "F" word as loud and as often as they could. From the big parking lot came screams from a girl yelling "Help me! Help me! I called the police dispatcher and explained the urgency for assistance, 25 minutes later a Police car drove by. The- lot was as quite as a graveyard. The girl's screams were silent. The Macho guys were gone. All had jumped into their cars and trucks, peeled out of the metered lot, tires squealing, to continue their war down Balboa Blvd. I hope you will be considerate of the residents of the Peninsula and deny this request, Bawdy Balboa is history. Let's keep it that way. S' IY'� Hazel Jon , 600 E. Oceanfront, Balboa, CA 92661 5`i Stuart A. Rosenthal 70355 Tamarisk Lane 600 E. Oceanfront #3 -B Rancho Mirage, CA. 92270 -2456 Newport Beach, CA 92661 -1336 Phone /FAX: 760 - 324 - 2707 Cellular. 760 - 668 - 8437 e-mail.• sturosenthal @earthlink.net RECEIVED By March 7.2007 M Planning Commission of the City of Newport Beach 3300 Newport Blvd. MAR 13 2001 Newport Beach, CA 92263 -3884 Attention: Mr. Robert Hawkins, Secretary of the Planning Commission Dear Mr. Hawkins: CITY ®i NEWPORT BEACH 1 am in receipt of a public notice re: an amendment to use permit No. 3158, filed by the Balboa Inn. I realize that I am writing after the scheduled hearing date of March 8. The notice sent me by the City was addressed properly but was mistakenly delivered to an address where the people were away. it is my understanding, however, that the matter has been continued, and I hope, therefore, that my comments will receive consideration. I am writing, incidentally, as a part -time resident of the area, a taxpayer, and a member of the board of the condominium association whose property will be affected by the proposed amendment With apologies for appearing presumptuous, I was amazed that the Cty would contemplate granting an exemption that would bring more noise, chaos, and litter to an area that already has its fair share of each. Probably due to budget constraints, the City is unable to police (adequately, that is) the Con ina that already exists nearby. This establishment is an outright nuisance. It produces considerable noisy Additionally, it produces an incredible amount of litter. I walk my dogs in the park right in front of this establishment, and, every morning, the grass area is full of cigarette butts and other garbage from the patrons of the aforementioned establishment. On more than one occasion, I have been accosted by drunks while walking my dogs in front of the Cantina. Friday and Saturday nights, we have drunks passing in front of our units for a good many hours, and it is a safe bet that a good many of them hail from the Cantna. On Saturday and Sunday mornings, the metered lot in front of our condo building is typically strewn with debris, much of which includes broken beer bottles and the like. In season, the parking lot in front of our building is a nightmare. Alarms go off, non-stop. The lot is often in overflow mode, and tempers are alwaysjlaring. To invite more of the same problem is, I believe, irresponsible. Moreover, I find it mind - boggling that we would consider waiving a parking requirement, when the in- season parking situation is already nothing short of disastrous. Even if valet parking is offered, many patrons will not valet park, and tee valet parking itself will only serve to intensify the area's congestion. As for noise, when the same hotel has Jazz afternoons over the weekend the music is loud enough to awaken the dead Fortunately, these performances occur during daytime hours That same level of noise during hours when many of us are trying to sleep would compromise both our health and our property values I have been told that the City regards our 24 -unit building as an intrusion into an otherwise commercial zone. That may or may not be the case, but the building has been used for its present purpose for well over 30 years, and those of us who have purchased units since then (which is all but a very few of us) thought we were purchasing residences, with all of the benefits and privileges thereof. For these and a host of other reasons, I respectfully request that you deny this amended use. Thank you for your consideration. Sincerely, has r _ S -. SW art t JARosenthal ' y (_ 56 BOB DUFFIOWNER TELE: (949(631 -4743 February 28, 2007 • R.W.D. & Associates • Auctioneer, License #A -1486 • Hawall- Marina Investments • Blu -Mall Classic Cars • Private Investigator SPECIALIZING IN SPORTS - MEMORABILIA - CHARITY AUCTIONS Planning Department City Hall— Newport Beach 330 Newport Blvd. Newport Beach, CA 92663 -3884 Attn: Robert Hawkins, Secretary, Planning P,O,00X10147 COSTA MESA, CA 92627 RECENED SY PLANNING DEPARTMENT MAR 05 2007 GIiY 0r NEW Rr ,AcH Re: Siena use permit amendment 3158 (pa 2006 -270) 105 Main St. Balboa Inn, LLC Dear Honorable Planning Commission As a residential home -owner at AP 932 -16 -008 in Balboa, California I have great concerns regarding the above use permit No.3158. 1. The parking requirements should not be waived, unless the applicant pays the additional parking fees covering the parking lot in front. 2. No live entertainment or live music should be allowed in any outside seating area/patio area/ roof area or any area that is not surrounded by a wall and closed doors in order to eliminate noise problems 3. The conditions for the permit No. 3158 should also require that all doors,.windows, serving areas be tightly closed during any live music or dancing allowed. 4. There should be no dancing allowed on any outside areas, including seating, service, cocktails, food, patios or any other areas that are not tightly closed in order to eliminate the noise factor. 5. All music should be low in volume without use of percussion drums or other loud type music. 6. The serving of alcohol or food on any patio or outside area should stop at 10:00pm 7. All alcohol service to the entire project should be stopped at midnight and the A.B.C. should be a part of the law along with the Newport Beach Police Department. A condition to the use permit No. 3158 should be that the Balboa Inn or subsequent lessees will provide uniformed security guards whenever and wherever alcohol is served, until closing. There should be a no valet parking at the hotel location where cars would be stopped, backed -up or running at any time. (no parking in the alley's) I hope city consideration had been given to the other commercial businesses as to the parking lot and also the noise and traffic problems as to the residential neighbors! (Residential Home in the area) 51 Jeff Braman 1540 Miramar Dr. Newport Beach, Ca. 92661 City of Newport Beach, I have lived near the end of the Newport Beach Peninsula for ten of the past twelve years. The two years that I lived elsewhere were spent missing the peninsula's residents and the lively nature of it's shops and restaurants. I look forward many evenings and most weekends to either riding or walking to the neighboring restaurants frequented by both tourists and local residents. One of my favorites is Siena at the Balboa Inn. The staff and food are great and the location can't be beat. I recently learned of the possibility that Siena would no longer be allowed to have live music due to a neighbors concern with noise. This would be a great disappointment to most residents and visitors as so many look forward to it. I think most residents (myself included) find it peculiar that somebody would purchase or rent a home on or near the Newport Beach boardwalk next to restaurants, shops, and a hotel and expect it to have anything less than a lively atmosphere. I also can't imagine that the particular hours that Siena has live music could cause an interruption in anyone's life. A decision to not allow live music would have a negative impact on local businesses that also benefit from the visitors coming to the area. It would also be wrong to not allow something that so many enjoy in an effort to please someone that obviously missed the spirit of living on the Peninsula. cere y, Jeff Braman 51 March 23, 2007 City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 RE: Balboa Inn 105 Main St Newport Beach, CA 92661 Dear To Whom It May Concern: My fianc6, Shanandoah, and I are residents of Newport Beach and have been enjoying Balboa inn for many years. Over the past year we frequently visit the Siena Restaurant and Bar during the weekend to eat and sociaiize. We especially enjoy visiting on Sundays since there is live entertainment. The hospitality is excellent and everyone around us seems to have a great time! We are also planning our wedding at Balboa inn to take place this year. We are very excited and feel lucky to have a place like Balboa Inn to hold our special event. The City of Newport Beach is lucky to have such a great establishment doing business here. Sincerely, Kevin Floth 3215 %: Broad St Newport Beach, CA 92663 (949) 929 -4201 5� March 14, 2007 Debbie McKinstry 215 A. Balboa Blvd, Newport Beach, CA 92661 To Whom It May Concern: I am a resident of the Balboa Peninsula and love living here. For the past two years I have watched the progress of the Balboa Inn in their innovations and changes in the restaurant and bar, and admire what they have done. In fact I frequent their establishment quite often. One of the things that I enjoy very much is the bands on Sunday afternoons. It is such a pleasure to walk down and listen to the band for a couple of hours and then walk home. It is one of my favorite ways to end the weekend, I'm not quite sure of the problems because of the noise; it is my understanding that the sound ordinance is in effect from 7:00 a.m. to 10:00 p.m. It will be a shame if the Balboa Inn could not continue to offer a service to the residents and tourists that quite a few people enjoy. Thank you and hopefully the "Inn" will be able to continue to provide excellent food and entertainment to us who enjoy it very much. WA March 14, 2007 Stacy Blazy 215 A. Balboa Blvd. Newport Beach, CA 92661 To Whom It May Concern: My name is Stacy and I have lived on the Balboa Peninsula for many years now. One of the things I enjoy most about living in this area is its youthful, social and vibrant atmosphere. Along with these qualities comes bars, boardwalks and, of course, music. I have worked in several of the restaurants on the Peninsula and one of my favorite places to go is the Balboa Inn. One reason I enjoy the Balboa Inn would have to be the great staff and friendly atmosphere. 1 was made to feel at home from the very beginning. The "Inn" is somewhere you can go to relax, enjoy some great food, and socialize with your friends, I also love to go the "Inn" to listen to live music. They offer many great bands, which l very much enjoy because I love to watch live entertainment and dance with my friends. Whenever my family comes to town I make it a point to take them to the "Inn" to experience how great life is here on the Balboa Peninsula. They are always impressed with how welcoming the staff is and how easy it is to become part of that family. You are always happy to be seen and the Balboa Inn. I understand that the Balboa Inn has been the recipient of complaints due to the noise generated by its live music. I would implore you to balance the needs of the many over the desires of the few. I am quite certain that the fun, relaxing, social environment the Balboa Inn provides to the community far outweighs the relatively minor nuisance the music may generate. Frankly, I would argue that if someone chooses to live within earshot of the boardwalk in this youthful community, hearing live music is something they should expect. Sincere , Stacy Blazy Newport Beach resident �l March 2, 2007 Dear City of Newport Beach, i write to you today to explain my support for the live entertainment at the Balboa Inn, or Siena. One reason why I chose to reside in Newport Beach is to enjoy its inviting weekends. I am a full time professional who has lived in a variety of cities in the United States, but none compares to Newport Beach. Since living here, I have come to know and enjoy what locals call "Sunday Funday." Where other establishments encourage daylong drinking, few offer a place where I can unwind with friends and enjoy live entertainment. Until recently, Siena was one of those places. It is difficult to understand why the live entertainment there has been discontinued. The music appeals to all tastes and age groups. I realize that neighboring residents, who chose to live in a commercial district, may have concerns as to the noise level, but those concerns should not override the public's interest in having a place such as Siena. If anything, these neighbors should be happy to have a place such as Siena, and the commercial value it brings to the area could only help home prices. 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