HomeMy WebLinkAboutJosh Slocums (PA2003-220)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
May 6, 2004
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
rung @city.newport-beach.ca.us
(949) 644 -3208
SUBJECT: Josh Slocum's Dinner and Supper Club
Use Permit No. 2003 -036
(PA2003 -220)
2601 W. Coast Highway
APPLICANT: Random Interactive, Inc.
REQUEST:
The applicant is requesting the approval of a Use Permit to expand a legal nonconforming
restaurant, named Josh Slocum's Dinner and Supper Club, by providing periodic lunch
service, increasing the occupancy and allowing a nightclub operation with live
entertainment and dancing between 9:00 p.m. and 2:00 a.m. each night. The request also
includes a modification of minimum parking requirements since the use does not provide
code - required parking. This application is a result of the requested expansion of use
occurring without first obtaining a Use Permit.
BACKGROUND:
The existing restaurant was originally established in 1968, prior to the requirement of a
Use Permit for eating and drinking establishments. The site was zoned C -O -Z (Limited
Commercial) which permitted restaurants provided that they met the parking
requirement of one space for every three seats. At that time, the site had a total of 22
on -site parking spaces to accommodate a 66 -fixed seat restaurant (1 space per every 3
seats). Soon after that, the business owner requested an increase in the restaurant's
seating to 80 persons. The site, however, was not large enough to support the parking
for the increase in seating capacity, so the use of off -site parking was requested.
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
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VICINITY MAP
2601 W. Coast Highway
Use Permit No. 2003 -036 PA2003 -220
Current
Development:
Josh Slocum's Dinner and Supper Club
To the north:
Commercial Developments
To the east:
Commercial Developments and a legal non conforming residence
To the south:
Lido Isle across the Lido Channel
To the west:
Commercial Developments
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On October 28, 1968, the City Council considered and approved an off -site parking
agreement, and it was executed October 30, 1968. The agreement shows that the
restaurant had a seating capacity of 80 persons with a total of 32 parking spaces and
10 boat slips for the restaurant. Twenty -two (22) spaces were to be provided on -site,
and 10 parking spaces were to be provided at 2633 W. Coast Highway. The agreement
also provides that if for any reason the private parking lease between the restaurant
and the owner of the off -site lot was terminated, or the parking became unavailable, the
restaurant must either provide sufficient parking at another location, or reduce its
seating capacity to that supported by the on -site parking, or cease operation.
The 1968 off -site parking agreement was violated soon after, when on -site parking was
reduced and seating capacity was increased. Violations of building code related to a
windscreen were documented, and operating hours were also increased. The operator
was put on notice of the violations, and it appears that the restaurant changed
ownership. A request to modify the off -site parking agreement to reflect these changes
was denied by the City in late August of 1969. On August 25, 1969, in a letter to the
restaurant's operator, the City declared the off -site parking agreement null and void due
to it being breached. The subsequent owner /operator submitted a new request for an
off -site parking agreement in November of 1972. This request was later withdrawn in
December of 1972 and the City re- affirmed its previous position that there was no valid
off -site parking agreement.
In early 1973, a new owner /operator of the restaurant submitted a request for another
off -site parking agreement. This request was reviewed and approved by both the
Planning Commission and City Council. The off -site parking agreement is dated
May 4, 1973. This agreement specified that 30 parking spaces were required for the
approved seating capacity of 91 persons. The approval was based upon a private lease
agreement for 30 parking spaces between the restaurant and the property located at
2712 W. Coast Highway. The agreement also has several additional conditions:
1. The restaurant shall provide 30 off - street parking spaces.
2. The restaurant hours are from 4:30 p.m. to 2:00 a.m., Monday through Friday.
3. The hours of operation may be adjusted by the Director of Community
Development pursuant to satisfactory evidence as required by the Code Section
20.38.040. (Code numbering in effect at the time)
4. That satisfactory restraints (vehicle wheel stops) be installed to the satisfaction of
the Director of Community Development.
A diagram of the location of the off -site parking lot shall be posted at the
entrance of the restaurant.
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May 6, 2004
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6. Valet service shall be required during all hours of operation.
In July of 1973, the City Council directed the City Attorney's Office to initiate legal
proceedings against the restaurant for violations of the authorized operating hours. The
legal actions initiated by the City were later dismissed by the Superior Court when the
owner of the restaurant agreed to abide by the approved operating hours.
In 1975, the City adopted Ordinance No. 1623 which required restaurants zoned C -O -Z
to obtain a Use Permit. Since it was a restaurant only and the restaurant pre -dated the
effective date of the ordinance which was August 22, 1975, it is legal, nonconforming
and was not required to obtain a Use Permit at that time as long as there were no
significant changes to the historic operational characteristics.
In 1976, the City became aware that the off -site parking was no longer available, and
directed the restaurant owner to either provide replacement parking or to close the
establishment. The restaurant was ordered to close on August 2, 1976, due to its
inability to secure the necessary off -site parking in accordance to the 1973 Agreement.
The restaurant owner /operator later submitted a lease for 25 parking spaces located at
2633 W. Coast Highway, and the Planning Commission and City Council approved the
lease.
In July of 1977, the Planning Commission and City Council again considered a
replacement parking lease. This parking lease provided 25 spaces behind Mariner's
Square, the commercial development directly across Coast Highway, and was
approved by the City Council on August 22, 1977, subject to 6 conditions of approval.
1. Hours of operation —4:30 p.m. -2:00 a.m. Monday through Friday
8:00 a.m. -2:00 a.m. Saturday and Sunday
2. Off -site parking agreement shall be required guaranteeing 25 parking spaces.
3. Valet service shall be provided during all hours of operation.
4. A diagram shall be provided at entrance to the restaurant showing location of the
off -site parking spaces.
5. Sixteen parking spaces shall be maintained on site with adequate striping and
wheel stops.
6. The parking arrangement shall be reviewed by the Modifications Committee one
year after the City Council approval.
On October 23, 1986, the Planning Commission granted a Use Permit No. 3239
authorizing the expansion in the hours of operation of the restaurant permitting it to
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open at 11:00 a.m. for lunch trade. This approval was subject to 25 conditions of
approval. However, in 1989, staff documented the fact that the restaurant never took
advantage of the increased hours of operation, and pursuant to the conditions of
approval and the Municipal Code, the Use Permit became void 24 months after its
approval. Josh Slocum's, thereby, has a legal non - conforming right to operate as a
restaurant subject to the operational characteristics and restrictions of the 1973
Agreement as amended in 1977 since the 1986 Use Permit is invalid.
In 2001, the restaurant began changing its business operations by providing live music
and dancing after dining hours. Table and chairs were cleared from the main dining
room where dancing by the patrons occurred. Recorded music was played by disc
jockey and live bands performed on weekends. The Police Department documented on
several occasions that live bands have performed with sound amplification. There are
no records that a Cafe Dance Permit and /or a Live Entertainment Permit has ever been
sought or issued. The addition of live entertainment and dancing has now substantially
changed the restaurant's original operational characteristics and pursuant to Chapter
20.82 (Eating and Drinking Establishments) and Chapter 20.89 (Alcoholic Beverages
Outlets), a new Use Permit is required.
Since the time of the above operating changes, the City has responded to many
complaints regarding noise, live entertainment, dancing and exceeding the permitted
building occupancy creating a potentially hazardous condition. Efforts to discontinue
these activities by letters, meetings, phone calls, inspections, and administrative
citations proved unsuccessful. The City Attorney took legal action before the Superior
Court for injunctive relief to discontinue these unpermitted activities unless and until the
operator obtained the necessary permits from the City.
Following a stipulation to an injunctive order from the Court not to conduct these
activities, the City and the operator eventually agreed in a settlement agreement that
they would be allowed, through the special event process, to have live entertainment
and dancing as a test to determine the effect of these activities and whether or not they
could meet the Code requirements. This event was held on June 22, 2003, at which
time a noise study by a qualified acoustical engineer was conducted at the subject
property.
On September 16, 2003, the operator filed a Use Permit application to allow the
existing establishment to operate as a full - service, eating and drinking restaurant and to
have a nightclub operation with live entertainment and dancing nightly between the
hours of 9:00 p.m. to 2:00 a.m. The application has 2 separate floor plans for the
establishment, one for a full- service dining operation and one for a nightclub
arrangement with fixed dance floor areas. The application also includes a modification
of minimum parking requirements since there has been a reduction in on -site parking and
the combined total spaces provided on and off -site does not meet code requirements.
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May 6, 2004
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On November 26, 2003, Planning staff and representatives from the Police Department
conducted a site visit to the establishment. The establishment had a bar /lounge
arrangement with sofas and love seats from the previous night. The operator indicated
that this type of setup is typical of weeknights after the dinner hours, whereas dancing
and live entertainment typically occurs on weekends.
DISCUSSION:
Site/Proiect Overview
The subject property is located on the south side of Coast Highway, directly across from
Tustin Avenue, within the Mariner's Mile District, and has a zoning designation of RMC
(Recreational and Marine Commercial). A narrow and deep lot, the property is
approximately 10,100 square feet in size and is improved with a 3,987 square foot single -
story commercial building. Occupying the southerly half of the property, the existing
building is located behind a paved parking lot with no landscaping. The building has a
covered porch of approximately 63 square feet in size that is currently being used as a
smoking and waiting area.
Restaurant Operations:
The 3,987 square foot restaurant has a Net Public Area (NPA) of approximately 2,167
square feet, which includes the dining areas, a bar, the waiting/hallway area, and the
smoking porch. The remaining floor area of 1,820 square feet is devoted to ancillary
uses (kitchen /storage /office /waiting/restroom). The restaurant currently opens for
business from 5:00 p.m. to 2:00 a.m., seven days a week.
In addition to the current hours of operation, the applicant is proposing to open for lunch
on Saturdays, Sundays, and holidays at 11:00 a.m. Neither live entertainment nor
dancing will be provided during lunch or dinner. Full meal service will be provided during
all the restaurant hours (see Exhibit 4).
The current posted occupancy load for the existing restaurant issued by the Building
Department on October 23, 1997, is 133 persons (90 persons in the dining areas, 39
person in the bar area, and 4 persons in the waiting area). This calculation does not
include the restaurant's employees.
The existing non - conforming restaurant is now classified as a full - service, low turnover,
eating drinking establishment. The proposed 143 - person occupancy load will be
distributed as follow: 117 persons in the entire dining area, 14 persons in the bar area,
and 12 persons in the waiting/hallway area. This number does not include 7 employees.
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Proposed Nghtclub Operation with Live Entertainment and Dancin
The applicant is proposing to have dancing and live entertainment on the premises after
the dinning hours each night. The applicant charges a cover charge and as such,
dancing is not possible with a Caf6 Dance permit. Therefore, the activity cannot be
classified as a restaurant with dancing and live entertainment. Staff has determined that
the use after 9:00 p.m. is classified as a nightclub. However, the nightclub will not
operate each night and will likely operate Thursday through Sunday nights; even though
the applicant is requesting approval to allow entertainment and dancing seven days a
week. After the dining hours, all tables and chairs in the main dining area will be
removed from the building and stored in a moveable trailer. This trailer will be parked on
the street in the area during business hours and on the property after the business
hours. Pre - recorded music played by restaurant staff or by a disc jockey will be
provided Monday through Saturday. The existing coat room located across from the
men's restroom is used as a DJ's booth. Live entertainment will only be provided on
Sunday evenings with a variety of band types.
Security will be provided in the evenings and access will be controlled with an admission
charge after 9:00 p.m. each night. Eight security personnel will be on site during the
nightclub hours.
The establishment is proposing to have two fixed dance floors. The main dance floor is
approximately 591 square feet and will be located in the center of the establishment.
The smaller upper dance floor will be located on the opposite side of the bar and is
approximately 260 square feet in size. The remaining NPA will be utilized as lounge
areas with tables, chairs, and couches.
The submitted floor plan shows a 190 - person occupancy load for the nightclub
operation, which is distributed as follows: 122 persons in the dancing areas, 14 persons
in the bar area, 42 persons in the lounge area, and 12 persons in the waiting/hallway
area. There are eight employees for the nightclub, not including the security guards.
The establishment may have different arrangements to accommodate a smaller crowd
on some weeknights, including leaving the restaurant setup intact and not shifting to the
nightclub operation.
The table below provides a summary of basic operational characteristics for the
restaurant and nightclub.
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Analysis
Josh Slocum's may not expand or intensify its existing operational characteristics
without the approval of a Use Permit since it is a legal non - conforming use. A Use
Permit is now required because the applicant is proposing to alter the operation
characteristic of the existing restaurant by:
1. Increasing the occupancy load to 143 for the dining arrangement and 190
persons for the nightclub /lounge arrangement;
2. Provide dancing and live entertainment on the premises;
3. Modify Condition No. 2 pertaining to the off -site parking agreement and
Condition No. 5 pertaining to the total required number of on -site parking spaces
of the 1973 Agreement as amended in 1977.
The establishment is presently operating with Type 47 ABC License (On -Sale General
Eating Place) without a Use Permit. The applicant intends to utilize the same license for
the establishment. Since there will be a substantial change in the operating
characteristics of the establishment (provision of live entertainment and dancing, change
in occupancy load, and change in business hours), a Use Permit is also required per
Section 20.89 (Alcoholic Beverage and Outlet Ordinance).
General Plan
The City's General Plan designates the site as Recreational and Marine Commercial
(RMC). The Recreational and Marine Commercial category is applied to waterfront
commercial areas where the City desires to presence and encourage uses which
facilitate a marine commercial and visitor serving orientation. Allowed uses include
visitor - serving commercial (social clubs, hotels, restaurants, etc.). The restaurant and
nightclub is a permitted use in the Recreational Marine Commercial land use
designation.
I
Hours of
Net Public
Occupancy
Dancing
DJ's/Live
Operation
Area
(Estimated)
Music
(Inside &
Porch
Restaurant Setup
5:00 p.m. -9:00
2,167 s.f.
143
No
No
p.m.(M -F)
11:00 a.m. — 9:00
p.m. (Sat -Sun)
Nightclub Setup
9:00 p.m. — 2:00
2,167 s.f.
190
Yes
Yes
a.m. (every ni ht
Analysis
Josh Slocum's may not expand or intensify its existing operational characteristics
without the approval of a Use Permit since it is a legal non - conforming use. A Use
Permit is now required because the applicant is proposing to alter the operation
characteristic of the existing restaurant by:
1. Increasing the occupancy load to 143 for the dining arrangement and 190
persons for the nightclub /lounge arrangement;
2. Provide dancing and live entertainment on the premises;
3. Modify Condition No. 2 pertaining to the off -site parking agreement and
Condition No. 5 pertaining to the total required number of on -site parking spaces
of the 1973 Agreement as amended in 1977.
The establishment is presently operating with Type 47 ABC License (On -Sale General
Eating Place) without a Use Permit. The applicant intends to utilize the same license for
the establishment. Since there will be a substantial change in the operating
characteristics of the establishment (provision of live entertainment and dancing, change
in occupancy load, and change in business hours), a Use Permit is also required per
Section 20.89 (Alcoholic Beverage and Outlet Ordinance).
General Plan
The City's General Plan designates the site as Recreational and Marine Commercial
(RMC). The Recreational and Marine Commercial category is applied to waterfront
commercial areas where the City desires to presence and encourage uses which
facilitate a marine commercial and visitor serving orientation. Allowed uses include
visitor - serving commercial (social clubs, hotels, restaurants, etc.). The restaurant and
nightclub is a permitted use in the Recreational Marine Commercial land use
designation.
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Hours of Operation
The existing restaurant currently operates from 5:00 p.m. to 2:00 a.m., seven days a
week. The applicant is proposing to be open for lunch at 11:00 a.m. on Saturdays,
Sundays, and holidays. Staff does not have any concerns with the proposed lunch
hours provided sufficient parking is available. The late night hours associated with the
nightclub can lead to noise issues and other land use compatibility problems. We have
received complaints from Lido Isle residents regarding noise.
Dancing and Live Entertainment
The applicant is proposing to have live entertainment and dancing on the premises. As
mentioned before, the establishment has been operating as a restaurant since 1968
with no history or previous documentation of having dancing and /or live entertainment
permitted on the premises. The applicant is proposing to have the entire main floor area
free of tables and chairs for the nightclub activities after 9:00 p.m. each night. This area
will then have a higher occupancy load. Only the lower lounge area located at the back
of the building, which was formerly an open patio that was enclosed, will have tables
and chairs.
During the course of reviewing the request for dancing and live entertainment, staff has
worked with the applicant's architect extensively to achieve a more realistic floor plan
arrangement to meet the Building and Fire Safety Codes. The plan now includes fixed
dance floor areas that will be clearly delineated with physical marking, clear aisles
around the dance floors for internal circulation and emergency exiting, and adequate
plumbing fixtures in the restrooms.
A Cafe Dance permit is not required since a cover charge will be assessed after the
dinner hours and, therefore, pursuant to Chapter 5.32 of the Municipal Code, the
activity is classified as a dance hall or nightclub by today's terminology. A Live
Entertainment Permit, however, is required according to Chapter 5.28.
Noise
Staff is concerned that the live and recorded music from the establishment may
generate negative noise impacts to surrounding properties and Lido Isle residences.
As stated in the background section of the staff report, noise from loud music is the
most common complaint received by the City. Noise from recorded music and live
bands are heard by the residents on Lido Isle. The establishment also has the tendency
to attract larger crowds than the establishment can accommodate resulting in a queue
of patrons waiting in the parking lot who also create noise. The close proximity to the
water, which does little to absorb sound, can make noise more noticeable in the
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Josh Slocum's Dinner and Supper Club (PA2003 -220)
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surrounding areas. Lastly the building is not constructed with maximum sound
attenuation features.
Staff required the preparation of a noise study because of these concerns. The study
was prepared by BridgeNet International, a qualified noise consultant (see Exhibit 5).
The noise survey was conducted at the subject property on June 22, 2003, between
8:00 p.m. and midnight. Noise samples were taken from six different sites: within the
building, immediately outside the building, at the balcony of the property that is east of
the establishment, across Coast Highway, at a park on Lido Isle and by the bridge
connecting Lido Isle to the Balboa Peninsula. Noise measurements were made of both
the ambient conditions and the noise levels generated by entertainment activities at the
establishment.
The study concluded that existing ambient noise levels in the area generated by boat,
aircraft, and traffic are fairly high. Therefore, noise generated from the nightclub does
not exceed the maximum allowable exterior noise level within residentially zoned
property of 50 dBA, and 60 dBA for commercially zoned property from 10:00 p.m. to
7:00 a.m. As a result, no noise mitigation measures are required. However, noise from
live entertainment was audible at Lido Island.
Even though the noise study does not call for any noise mitigation, staff believes
controlling the noise level of live entertainment and recorded music could be beneficial
to the surrounding uses, especially to Lido Isle residents, some of whom have
complained of noise in the past. It is the opinion of staff that the approval of the
application for live entertainment and dancing should be considered only if the
operational and physical characteristics of the business will be changed to provide a
reasonable assurance that noise problems and complaints are eliminated. Similar
conditions have been successfully implemented in other establishments (Joe's Crab
Shack and Club M) that have comparable live entertainment and dancing provisions.
Staff recommends the following conditions should the nightclub with live entertainment
be authorized:
1. All windows located along the southerly (water) side of the establishment shall be
removed and replaced with fixed windows using an acoustically engineered laminated
glass product or dual or triple pane windows specifically designed to reduce sound
transmission. The specific windows installed should be as recommended by an
acoustical engineer.
2. The establishment shall install a new house sound system that employs state of the art
matrix controls. Large speakers shall be eliminated in favor of smaller, highly directional
speakers that surround the audience.
3. All amplified instruments shall utilize the new house sound system. Additional sound
amplification devices or speakers shall be prohibited.
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4. The house sound system shall be calibrated by a qualified acoustical consultant who
shall adjust the controls to a level that complies with the Newport Beach Municipal Code
Chapter 10.26, Community Noise Control standards. The qualified acoustical consultant
shall be hired by the City of Newport Beach with the expense of the consultant being the
responsibility of the applicant.
5. The controls of the calibrated sound system shall be located in the establishment's
office to eliminate tampering. Access to the office shall be controlled by the operating
manager of the establishment.
6. Based on the calibration of Condition No. 4, a sound level standard shall be established
for the interior of the establishment during a musical performance. This standard shall
be based on the C- weighting scale in order to properly address the low frequency sound
of bass instruments.
7. The establishment shall rent or purchase a calibrated integrating sound level meter
capable of measuring and displaying C- weighted noise levels. An acceptable alternative
is a signaling device that identifies when the standard of Condition No. 6 is exceeded.
8. All performers shall be made aware that the establishment is a noise - sensitive venue
and informed of the need to control the volume of their music during performances.
9. All performers shall be made aware that the establishment reserves the right to adjust
the amplifier and equalizer settings during a performance, or to stop the performance
entirely, in the event the noise is excessive.
10. The establishment shall designate a contact person who will be responsible for
responding to community complaints regarding noise impacts.
11. No speakers shall be allowed outside in the porch /entrance area. No noise enhancing
measure shall be used to channel music outside of the enclosed building.
12. All doors and windows shall be closed during live performances except as needed for
the ingress and egress of patrons and staff.
Parking and Circulation
As previously mentioned, the existing restaurant does not provide the minimum number
of on -site parking spaces required by code. The property is limited in size. As a result,
the restaurant has been dependent upon the use of off -site parking for most of its
existence. The restaurant's seating capacity has historically been fixed directly to the
amount of parking spaces provided.
The current parking demand for the existing restaurant is dictated by the City's 1973
parking agreement as amended in 1977. According to this agreement, the restaurant
must provide a valet parking service and a minimum of 41 parking spaces: 16 on -site
and 25 off -site spaces for both the restaurant and boat slips. The required parking for
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the restaurant was based upon the previous code standard of 1 space per 3 seats and
.75 of a parking space per each boat slip (38 spaces for the restaurant and 3 spaces for
4 boat slips). Furthermore, a certificate of occupancy issued by the Building Department
in October 23, 1997, limits the restaurant to a maximum of 133 persons. This
occupancy limit was based on standard Uniform Building Code criteria and was not
evaluated for compliance with the off -site parking agreement.
The site has a direct access to Coast Highway and currently has a total of 13 parking
spaces (1 handicap and 12 standards). The establishment also currently has an off -site
parking agreement with Mariners Mile Company for a total of 26 spaces at the property
directly across the street, behind the Stefan Kaalin Ski and Golf (formerly Peter Glenn Ski
& Sports) building (see Attachment No. 8). The term of this parking agreement is from
July 1, 2001 to December 31, 2004.
As the applicant is now proposing to increase the occupancy load of the existing
restaurant, from 133 to 143 for dining and up to 190 persons for the nightclub, it is
necessary to reevaluate the parking demand and off -site parking arrangement.
Presently, the parking ratio for a full - service, low turnover restaurant is within a range of
one space for every 30 to 50 square feet of net public area. Since the applicant wishes
to continue to provide upscale, fine dining for their patrons at the existing
establishment, a parking ratio of 1 space for 50 square feet is a sound measurement for
determining parking demand. This ratio for this type of operational character is also
consistent with past applications.
The total Net Public Area (NPA), which includes the dining areas, waiting area, and
outside porch, for the restaurant is 2,167 square feet, with parking requirement of 43
spaces (2,167/50). In addition to the restaurant use, the property has 3 boat slips that
belong to the property owner and are not a part of the restaurant operation. An
additional 3 off - street parking spaces (.75 parking space for each boat slip) for these
slips is required per Code. The grand total of parking spaces that the applicant is
required to provide is 46 spaces for the restaurant and the boat slips.
The site presently has 13 parking spaces instead of 16 as once provided. The 3 space
reduction was partly caused by the provision of the handicap parking spaces and the
re- striping over the years to larger spaces since compact stalls are no longer permitted.
The total number of off - street parking spaces proposed to be provided by the applicant
is 43 spaces (13 on -site and 30 off -site) until 9:00 p.m. each night. The applicant has
successfully negotiated with Mariners Mile Company for an additional 4 parking spaces
to be available until 9:00 p.m. each night (see Exhibit 9). With 40 spaces proposed to be
provided, the project will be 3 spaces short. The applicant is requesting that the
remaining 3 -space shortage be waived by the Planning Commission. The presence of
the municipal parking lot behind Margaritaville Restaurant with access from Tustin
Avenue can be used to support the parking waiver request during the restaurant hours.
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Since the occupancy for the establishment will be much higher for nightclub use, a
parking ratio of 1 space for every 30 square feet was used to determine the parking need
during these hours, resulting in a parking requirement of 72 spaces. The boat slips may
not be frequently used after 9:00 p.m. so they were not included in this total. To
accommodate the nightclub activity from 9:00 p.m. to 2:00 a.m. each night, the applicant
proposes to provide an additional 35 off -site parking spaces at the same off -site location.
A letter dated July 3, 2003, from Mr. Ned McCunn of Mariners Mile Company, stated that
an additional 35 parking spaces would be leased to the applicant upon the approval of
this Use Permit application (Exhibit No. 6). A total of 74 (13 on -site and 61 off -site)
parking spaces will be provided after 9:00 p.m. each night. Additional parking on this off -
site lot will not create an undue traffic hazard in the surrounding area during normal
operations because there is a signalized intersection at Tustin Avenue and there will be a
valet/parking management plan approved by the Public Works Department. Staff is,
however, concerned that the off -site parking lot owned by Mariners Mile Company may
have been leased to several different users without the City's involvement. To ensure that
the required number of parking spaces for the establishment will be provided and
maintained at all times, the applicant will be required to enter into a parking agreement
with the City.
The project site may have circulation problems during peak activity times. Traffic ingress
to the site's parking lot could result in cars queuing along Coast Highway while waiting for
valet parking services. This can create a traffic hazard and negatively impact traffic
movement along the highway. To address these concerns, the applicant has submitted
a valet/parking management plan describing the functional characteristics of the valet
operation. A diagram of the off -site parking lot behind the Stefan Kaalin Ski and Golf
building is also provided. The diagram shows a total of 61 spaces of which 30 spaces
will be available until 9:00 p.m. each night and the additional 31 spaces will be available
after 9:00 p.m. each night. The City Traffic Engineer has reviewed and initially approved
the draft parking lot layouts on both on- and off -site lots with minor adjustments. A final
approval for these plans is required.
The City Traffic Engineer also is working with the applicant, the adjacent property owner
to the east, and the State Department of Transportation regarding the future improvement
of the fourth leg of signalization at the Coast Highway and Tustin Avenue intersection.
Presently, the property's only driveway exits directly into this intersection where there is
not a traffic regulating signal for the cars exiting the site. This improvement would provide
full signalization for cars making left and right turns from the site. The applicant has
submitted a letter of intent in support of this request (Exhibit 7). With this improvement,
the increased activity at the site, with the valet operational plan, should function
acceptably and alleviate potential circulation /access concerns.
Josh Slocum's Dinner and Supper Club (PA2003 -220)
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Design and Development Standards for Restaurants, Bars and
Cocktail Lounges
Chapter 20.82.040 of the Municipal Code contains development standards for
restaurants, bars, and cocktail lounges as outlined below, to ensure that any proposed
development will be compatible with adjoining properties and streets. The development
standards include specific requirements for site requirements, building setbacks,
parking and traffic circulation, walls surrounding the restaurant site, landscaping,
exterior illumination, underground utilities, and supply and refuse storage. Section
20.82.040.D of the Municipal Code states that any of the above mentioned
development standards for restaurants may be modified or waived if strict compliance is
not necessary to achieve the purpose or intent of the standard.
Development Standards
.
REt'S13EMERF ._ �; .. - ,
:;PRBPOSEI7.
Site:
Site shall be of sufficient size and configuration to
Does not Comply. The site is 10,100 square feet in size
satisfy all requirements for off -street parking,
and is improved with a 3,987 square foot single -story
setbacks, curb cuts, walls, landscaping and refuse
commercial building. The site does not meet the
storage as provided by Section 20.82.040 of the
minimum lot size to accommodate the required
Municipal Code.
landscaping and number of on -site parking. Off -site
parking is provided.
Setbacks:
The City may establish more restrictive setbacks if it is
Complies. The existing commercial building was
determined that it is necessary or desirable for the
constructed and operated as a restaurant since 1968.
protection of the public health, safety or welfare or to
The building complies with the current setback
insure the compatibility of uses on contiguous
requirements.
properties.
ON- Street
Off- street parking In accordance with the provisions of
Partially Complies. The site presently has 13 parking
Parking:
Chapter 20.66 of the Municipal Code
spaces. A total of 46 parking spaces are required for the
restaurant use until 9:00 p.m. each night There will be a
total of 43 spaces provided during this time period, a
shortage of 3 spaces. The applicant is requesting a
parking waiver of 3 spaces. A vaILVpaddng management
plan has been prepared to accommodate the exlstlng
restaurant and the proposed nightclub activities and is
subject to the Traffic Engineer's approval. A total of 72
parking spaces are needed for the nightclub, and 74
spaces will be provided.
Circulation:
Parking areas and driveways to facilitate traffic and
Partially Complies. The existing on -site parking lot and
circulation of vehicles on and around the facility and to
off -site lot have been reviewed and approved by the City
provide adequate sight clearances.
Traffic Engineer. Potential circulation problems during
peak activity times may occur both on and off- sites. An
approved valet parking plan and future signalized
improvements at the Coast Highway and Tustin Avenue
intersection should address this issue.
Walls:
A solid masonry wall 6 feet high shall be erected on all
Does not comply. The site has exiting wooden fencing
interior property lines of the subject property. Walls 3
along the east and west (internal) property lines. These
feet in height shall be erected between the on -site
fences vary in height from 4 to 5 feet.
parking areas and the public right-of-way.
Landscaping:
10% of entire she, 3-foot wide landscape area shall be
Does not comply. The site was developed in 1968 with
provided to screen the parking area from the public
modest landscaping. A large planter area of
right -of -way. A 3-foot wide landscape area adjacent
approximately 252 square feet is situated in front of the
to the interior property lines shall be provided.
building, which provides for 2.49°/ of landscaping of the
entire site.
14
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 15 of 20
.s•ai '�r 111 ilIIA rLti
�.R6atJI��WIe'✓'L S
- _
hi pti(1E4]CCp
Lighting:
Parking lot and site illumination height and intensity; to
Complies. The pro perty has adequate lighting and does
minimize the reflection of lights to the streets and
not create problems with glare onto surrounding
neighboring properties.
properties. No additional lighting is proposed for the
subject site. Improved lighting of the off-she parking area
has been conditioned.
UNIfies
All utilities required to be under grounded.
Complies. The project site is eAsting and is served by
underaround utilities.
supaty swage
Supply storage to be contained within a building.
Complies. No outdoor storage of supplies is rmitted.
Refuse Storage
Refuse storage outside of a building shall be hidden
Complies. The site has an eAsting trash storage area
from view by a solid masonry wall 6 feet in height with
located on the northwest comer of the building which
self-locking gates.
appears sufficient in size to accommodate refuse.
Alcoholic Beverage Outlet (ABO) Ordinance
Section 20.89.030.13 of the Alcoholic Beverage Outlet Ordinance (ABO) requires the
Planning Commission to consider the following factors:
1. Whether the use serves public convenience or necessity.
2. The crime rate in the reporting district and adjacent reporting districts as compared to
other areas in the City.
3. The number of alcohol licenses per capita in the reporting district and in adjacent
reporting districts as compared to the county-wide average.
4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting
district and in adjacent reporting districts.
5. The proximity of the alcoholic beverage outlet to residential districts, day care centers,
park and recreation facilities, places of religious assembly, and schools.
In accordance with the foregoing, and in order to provide the Planning Commission with
the necessary data and analysis to make the required finding for the approval of a Use
Permit, each of the factors above is discussed as follows:
1. Public Convenience or Necessity. Alcohol service is typically expected at
nightclubs. The provision of alcohol within a nightclub will meet the convenience of the
public but may not be a necessity.
2. Crime Rate. Citywide, there were 7,057 crimes reported during calendar year
2002, of which 2,609 were Part One Crimes (serious offenses). The remaining 4,448
were Part Two Crimes that include alcohol related arrests. The project site is located
within Police Reporting District No. 25. For the calendar year of 2002, (which is the
most current data available), Reporting District No. 25 had 94 Part One Crimes and 231
Part Two Crimes.
The part one crime rate for RD No. 25, two adjacent RD's, City, California and National
averages are shown in the following comparison:
1 S
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 16 of 20
RD No. 24: 3,395.91
City Average: 3448.23 (per
100,000 people)
RD No. 25: 3,395.95
California: 3902.90 (per
100,000 people)
RD No. 26: 4,073.93
National: 4160.50 (per
100,000 people)
The adjacent Reporting Districts are 24 and 26. RD No. 24 had 161 Part One Crimes
and 274 Part Two Crimes. RD No. 26 had 108 Part One Crimes and 198 Part Two
Crimes.
The Police Department notes that the crimes in the area are fairly significant due to the
high concentration of commercial uses within RD No. 25. The Police Department has
no objection to the existing restaurant operation and they are not supportive of the
nightclub activities as proposed at the establishment due to the increased need for
police services (Exhibit No. 3).
3. Over Concentration. There would be no increase in the number of active licenses
within RD No. 25 with this application. There are 23 active ABC licenses within RD No.
25. The number of current active ABC licenses is the total of all types of licenses known
to the Police Department. As of May 1, 2003, the Orange County average of active,
retail ABC licenses was one license for every 592 residents (4,805 licenses with a
population of 2,846,289). The census tract within which the establishment is located
has a higher ratio of liquor licenses when compared with the average ratio for Orange
County since there is very limited population within the census tract. However, as noted
above, the Mariner's Mile District has a high number of eating and drinking
establishments. The area is typified by full - service, sit -down restaurants that are
considered complementary to the area.
4. Alcohol Related Crimes. The Police Department has provided statistics for
driving under the influence and plain drunk arrests. There were a total of 133 arrests,
with 57 driving under the influence arrests and 41 plain drunk arrests within RD No. 25
in 2002. The percentage of alcohol related arrests within RD No. 25 is 74% (98/133).
The alcohol - related arrest rate in the two adjacent reporting districts is 49% for RD No.
24 and 45% for RD No. 26.
City -wide, alcohol related arrests account for 40% (1,608/4,005) of all arrests made. RD
No. 25 amounts to 6.09% (98/1608) of the DUI /Drunk arrests made in the City.
Alcohol - related arrests within RD No. 25 are higher than the city-wide average and the
two adjacent RD's. The higher number of alcohol - related arrests in RD No. 25 can
partially be explained by the fact that Coast Highway runs through the Reporting
District. With the existing establishment continuing to operate as a restaurant, the
Police Department does not believe that the expansion in hours and occupancy in
/(p
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 17 of 20
conjunction with the restaurant will generate a significant number of alcohol - related
incidents. However, the Police Department believes the nightclub activity may
contribute to higher alcohol related incidents. Police Department documentation shows
that many stops /arrests are associated with alcohol consumption at bars and nightclubs
located along Coast Highway in and outside of the reporting district.
5. Adiacent Uses. The site is located within Mariner's Mile District and is not
adjacent to sensitive land uses except for a legal nonconforming residence located on
the adjacent property to the east. The site is surrounded mostly by commercial uses,
except for several non - conforming residential units located directly east of the subject
property. There are no day care centers, schools, or park and recreation facilities in the
vicinity of the project site. Lido Isle is located approximately 755 feet southeast of the
subject property.
In accordance with the ABO Ordinance, the Police Department has reviewed the Use
Permit application and has determined that no additional conditions related to design
and security are necessary.
Newport Beach Police Department Concerns
The Newport Beach Police Department provided staff with a comprehensive report,
which is attached to this staff report as Exhibit 3. In the report, the Police Department
cites the higher than average number of crimes in the reporting district. The site is
located within Reporting District No. 25 that had a total of 325 crimes in 2002 as
compared to a citywide reporting district average of 186 crimes. The number of crimes
is 75% above the citywide reporting district average. The total number of crimes
reported in the two adjacent reporting districts also exceeds the citywide average. The
Police Department cites these statistics in the light of the intent of City Council Policy K-
7 that would indicate that new bars or a nightclub within an area where the number of
crimes exceeds the citywide average by 75% is not acceptable.
The report goes on to state concerns with the past un- permitted entertainment activities
conducted on the subject property that resulted in overcrowding, noise, parking/traffic,
insufficient restroom facilities, alcoholic beverage related crimes and disturbances. To
address these issues, the applicant is agreeing to a much lower occupancy load for
dining and nightclub operations than originally proposed, as demonstrated in the
submitted floor plans. The restroom facilities now meet Building Code requirements
(number of occupant and plumbing fixture ratio). A parking management plan has been
formulated for the establishment that should alleviate potential parking and traffic
problems both on- and off -site. Furthermore, the Police Department is recommending a
list of operating conditions to ensure that the establishment would curtail additional
demand for law enforcement services. This list has been included in the draft Planning
Commission resolution for the Commission to consider should the Commission wish to
approve the nightclub.
/'7
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 18 of 20
Public Comments
Staff has received comments from the general public (see Exhibit 11), mainly from Lido
Isle residents. Mr. Martin Weinberg of 100 Via Lido Nord expressed concerns with
excessive loud music from the establishment and has made numerous noise
complaints to the Police Department. Mr. Weinberg also is requesting that the
establishment have similar noise conditions that were imposed on Joe's Crab Shack.
In the past, adjacent commercial property owners have notified staff of increased
vandalism, trash, and trespassing by patrons waiting to enter the establishment.
Additionally, staff received complaints from residents of the adjacent nonconforming
residences about excessive noise.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities). There will be no significant environmental impact as the proposed project is
located in a fully developed area. The site is also devoid of any significant environmental
resources and no construction is proposed.
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.
CONCLUSION:
Section 20.91.035 of the Newport Beach Municipal Code provides that in order to
approve any use permit, the Planning Commission shall find that the establishment,
maintenance or operation of the use, or building applied for will not, under the
circumstances of the particular case, be detrimental to the health, safety, peace, morals,
comfort, and general welfare of persons residing or working in the neighborhood of such
proposed use or be detrimental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
Staff believes that the findings for approval of a Use Permit for the expansion in hours
and occupancy of the restaurant can be made in that it is not likely that the operation
will prove detrimental to the community should it comply with all the conditions of
approval. The property has been improved as a restaurant since 1968, even though
parking has always been an on -going problem. With the proposed off -site parking
11
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 19 of 20
arrangement, valet parking plan, and future traffic improvements required by the Traffic
Engineer, the site should support to the restaurant operation. The on -site consumption
of alcoholic beverages in conjunction with a full - service, fine dining restaurant use is
viewed as complementary to the Mariner's Mile District. Therefore, staff believes that
the required findings of the ABO can be met and the continuing of sale and
consumption of alcoholic beverages in conjunction with meals at the restaurant should
not prove detrimental to the community. The shortage of 3 spaces can be justified due
to the close proximity of the municipal parking lot located behind Margaritaville
Restaurant where additional off - street parking is available.
Staff, however, is concerned with the nightclub request even though many of the issues
can be alleviated through conditions of approval. If the proposed use operates within
the parameters of the conditions of approval, the negative issues associated with the
application discussed within this report should be minimal. Other similar establishments
have been fitted with appropriate sound attenuation devices that keep the noise levels
within appropriate levels so that any noise emanating from the establishment does not
adversely impact other uses in the area. Crime in the area and the concerns of the
Police Department are cause for concern and caution. Adequate provision of security
forces on the premises to control the patrons during the nightclub hours would reduce
noise, traffic, public nuisance, and loitering related problems in the neighborhood. With
the strict adherence to the parking agreement with the commercial property across
Coast Highway and the approved valet/parking management plan, the establishment
will provide adequate parking, orderly traffic movement to and from the establishment,
and will not be a nuisance to the neighborhood. If the operator fails to operate within the
operational constraints of the Use Permit and creates a public nuisance, the City would
have the ability to take the appropriate measures to ensure compliance, or revoke the
Use Permit.
RECOMMENDATION:
The Commission has two options with this application:
1. If the Commission believes the application as conditioned will not prove
detrimental to the community, the Commission can approve the request by
adopting the attached draft resolution (Exhibit 1).
2. If the Commission believes that the expansion of the restaurant is acceptable but
the proposed nightclub will prove detrimental to the community, staff has
prepared a draft resolution approving the expanded restaurant and denial of the
nightclub (Exhibit No. 2).
.................
/9
Prepared by:
Exhibits
Josh Slocum's Dinner and Supper Club (PA2003 -220)
May 6, 2004
Page 20 of 20
Submitted by:
c
Patricia L. Temple, anning Director
1. Draft Resolution No. 2003 -_; findings and conditions of approval for the
restaurant expansion, parking waiver, and nightclub
2. Draft Resolution No. 2003 -_; findings and conditions of approval for the
restaurant expansion and parking waiver, and findings of denial for the nightclub
3. Police Department Report
4. Restaurant Menu
5. Noise Study by BridgeNet
6. Letter from Ned McCune for additional 35 spaces
7. Traffic Light Improvements Letter
8. Existing Parking Lease Agreement
9. Additional 4 Parking Spaces for Dinner Time
10. Proposed Parking Management Plan
11. Public Comments
12. Project Plans
U-11
EXHIBIT 1
DRAFT RESOLUTION FOR APPROVAL OF
RESTAURANT AND NIGHTCLUB
'5�1
RESOLUTION NO.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH APPROVING USE PERMIT NO.
2003 -036 FOR PROPERTY LOCATED AT 2601 W. COAST
HIGHWAY (PA2003 -220)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by Random Interactive, Inc., with respect to property
located at 2601 W. Coast Highway, and legally described as Lot 5 of Tract 919, requesting
approval a Use Permit to expand the operation of a restaurant named Josh Slocum's Dinner
and Supper Club, currently operating with a Type 47 (On -Sale General Eating Place) License,
by increasing the occupancy, extending the hours of operation to include periodic lunch service
and operating a nightclub with live entertainment and dancing, from 9:00 p.m. to 2:00 a.m.,
every night. The request also includes a modification of minimum parking requirements since
the use does not provide code required parking.
WHEREAS, the existing restaurant was originally established prior to the requirement
of Use Permit, therefore, it is a legal nonconforming use.
WHEREAS, a Use Permit is required pursuant to Sections 20.82.060 (Changes in
Operational Characteristics) of the Municipal Code since the application proposes changes to
the operational characteristics of the establishment by extending the hours of operation to
include periodic lunch service, increasing the building occupancy load and providing nightclub
with live entertainment.
WHEREAS, a public hearing was held on May 6, 2004 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the aforesaid meeting was given. The application including submitted plans and
other evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting.
WHEREAS, the site is designated Recreational and Marine Commercial by the General
Plan Land Use Element and zoned SP -5 (Mariner's Mile Specific Plan) which designates the
site as Recreational and Marine Commercial. Restaurants and nightclubs are allowed uses
within these designations subject to the approval of a Use Permit.
WHEREAS, the proposed expansion of the existing restaurant and the nightclub 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 for the following reasons:
1. The project is located in a water front commercial area that also includes several
other restaurants, some of which provide entertainment activities. Surrounding land
uses are dominated by retail, marine commercial and visitor serving uses including
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant & Nightclub)
Paae 2 of 11
restaurants. Restaurants and nightclubs are expected to be found in this and
similar locations in the city and the uses are complimentary to the surrounding
commercial area.
2. The expansion of the restaurant hours to include lunch service Saturdays,
Sundays, and holidays and increased in occupancy load has been conditioned in
such a manner to require strict adherence to safety regulations. Additionally, the
increased off -site parking will be provided. The project design and operational
characteristics, as conditioned, meet the intent of the Zoning Code.
3. With the proposed off -site parking arrangement, valet parking plan, future traffic
improvements required by the Traffic Engineer, the site will be conducive to the
increased intensity of use. With the strict adherence to the parking agreement with
the commercial property across Coast Highway and the approved valet/parking
management plan, the establishment will provide adequate parking, orderly traffic
movement to and from the establishment, and will not be a nuisance to the
neighborhood.
4. The subject site is not located in close proximity to residential districts, day care
centers, schools, park and recreation facilities or places of religious assembly. Lido
Isle is located an approximately 755 feet southeast of the subject property.
5. The sale of alcoholic beverages for on -site consumption in conjunction with the use
is located at a site designated and zoned for commercial activity. The use has been
conditioned in such a manner to minimize the impacts associated with the on -site
sale of alcoholic beverages.
6. The establishment will be fitted with appropriate sound attenuation devices that
should keep the noise levels within acceptable levels so that any noise emanating
from the establishment does not adversely impact other uses in the area.
7. Although the Police Department has concerns with the nightclub use, strict
adherence to the conditions of approval should minimize increased police activity
predicted and avoid, to the extent possible, detrimental impacts to the community.
8. The project will provide security forces on the premises to control patrons during
the operation of the nightclub, which will help reduce noise, traffic, public nuisances,
trespassing and related problems in the immediate vicinity of the project site.
9. The proposed floor plan for the nightclub meets the Building and Fire Safety
Codes. The plan includes fixed dance floor areas that will be clearly delineated with
physical markings, clear aisles around the dance floors for internal circulation and
emergency exiting, and adequate plumbing fixtures in the restrooms.
a
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant & Nightclub)
Page 3 of 11
WHEREAS, the proposed increased use of off - street parking with the project is
acceptable for the following reasons:
The location of the off -site parking lot (2700 West Coast Highway) is useful in
conjunction with the establishment given its close proximity to the project site. The
lot is located approximately 275 feet north of the project site on the west side of
Tustin Avenue.
2. Pedestrian access between the off -site lot and the project site is accommodated on
public sidewalks and a crosswalk at the signalized intersection of Tustin Avenue
and Coast Highway.
3. Undue traffic hazards will not be created in the surrounding area with the
implementation of a valet/parking management plan and signal improvements
requested by the Traffic Engineer. The off -site parking lot is served by adequate
street access from Tustin Avenue via an existing improved public alley.
WHEREAS, the reduction in required parking (3 spaces) is not detrimental to the
surrounding area due to the presence of a municipal parking facility in the immediate vicinity.
The entrance to the parking lot is approximately 425 feet north of the project site on the east
side of Tustin Avenue and adequate pedestrian access is provided via public sidewalks and
the crosswalk at a signalized intersection.
WHEREAS, this project has been reviewed, and it qualifies for a categorical exemption
from the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities). There will be no significant environmental impact as the proposed project is located in
a fully developed area. The site is also devoid of any significant environmental resources and no
construction is proposed.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves Use
Pen-nit No. 2003 -036 permitting the expansion the existing restaurant and a nightclub operation
subject to the Conditions of Approval 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 or this action is called
for review by the City Council in accordance with the provisions of Title 20, Planning and
Zoning, of the Newport Beach Municipal Code.
C�4
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant & Nightclub)
Paae 4 of 11
PASSED, APPROVED AND ADOPTED THIS 6th DAY OF MAY 2004.
M
M
Earl McDaniel, Chairman
Michael Toerge, Secretary
AYES:
NOES:
ABSENT:
�5
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant & Nightclub)
Pace 5 of 11
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003-036
1. The establishment shall be in operated in substantial conformance with the site plan and
floor plans for dining and dancing and live entertainment dated April 1, 2004.
2. Use Permit No. 2003 -036 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. 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
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
4. Any change in operational characteristics, hours of operation, expansion in area, or
operation characteristics, or other modification to the floor plan, shall require an
amendment to this Use Permit or the processing of a new Use Permit.
5. 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.
6. Should the business, alcohol license or property be sold, transferred or otherwise come
under different ownership or control, any future owners, operators or assignees shall
be notified in writing of the conditions of this use permit by the current owner(s),
operator(s) or assignee(s). Future owners, operators or assignees shall submit, within
30 days of transfer or sale, a letter to the Planning Department acknowledging their
receipt, acknowledgement and acceptance of the limitations, restrictions and conditions
of approval of this permit.
7. 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, recyclable materials, litter,
debris or graffiti from the premises and on all abutting sidewalks within 20 feet of the
premises.
8. The Use Permit for the establishment as depicted on the approved set of plans is an
eating and drinking establishment with dancing and live entertainment activities. The
operational character of the use shall not be changed to a bar, tavern, nightclub, or
cocktail lounge as a primary use. A nightclub, cabaret or commercial recreational
entertainment venue is not an authorized use whatsoever.
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant & Nightclub)
Paae 6 of 11
9. The operator of the establishment shall be responsible for the control of noise
generated by the subject facility. The noise generated by the use shall comply with the
provisions of Chapter 10.26 of the Municipal Code. The maximum noise levels from
the use shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher. If the ambient noise level is higher, noise from
the use shall not exceed the ambient noise level.
10. Background music within the interior of the building is permitted. No music and /or
audible paging or speaker system shall be allowed outside the building or within the
.smoking" porch area.
11. 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.
12. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge,
including minimum drink orders or sale of drinks is prohibited.
13. No advertisements and /or flyers shall be posted and/or distributed outside of the
premises including in the off -site parking lot area.
14. All signs shall conform to the provisions of the Municipal Code. No temporary
"sandwich" signs or similar temporary signs shall be permitted, either on -site or off -
site, to advertise the restaurant.
15. Prior the issuance of the certificate of occupancy, the location of maximum occupancy
postings in the establishment shall be inspected and approved by the Newport Beach
Building Department to ensure the location is readily visible to employees, patrons and
public safety personnel.
a�
Between the hours of
Between the hours of
7:OOAM and
10:0013M and
10:OOPM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
5OdBA
property
Mixed Use Property
45dBA
6OdBA
45dBA
5OdBA
Commercial Property
N/A
65dBA
N/A
1 60dBA
10. Background music within the interior of the building is permitted. No music and /or
audible paging or speaker system shall be allowed outside the building or within the
.smoking" porch area.
11. 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.
12. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge,
including minimum drink orders or sale of drinks is prohibited.
13. No advertisements and /or flyers shall be posted and/or distributed outside of the
premises including in the off -site parking lot area.
14. All signs shall conform to the provisions of the Municipal Code. No temporary
"sandwich" signs or similar temporary signs shall be permitted, either on -site or off -
site, to advertise the restaurant.
15. Prior the issuance of the certificate of occupancy, the location of maximum occupancy
postings in the establishment shall be inspected and approved by the Newport Beach
Building Department to ensure the location is readily visible to employees, patrons and
public safety personnel.
a�
City of Newport Beach
Planning Commission Resolution. No.
(Approving Restaurant & Nightclub)
Paae 7 of 11
16. The use of private (enclosed) "VIP" rooms or any other temporary or permanent
enclosures separate from public areas are prohibited.
17. All entry doors of the establishment shall remain closed at all times except for the
ingress and egress of patrons and employees. All emergency exists shall remain
operable at all times. The use of the side doors shall be limited to deliveries and
employee use only and normal ingress and egress by patrons is prohibited except in
the event of an emergency.
18. Prior to the issuance of the certificate of occupancy, 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.
19. All employees shall park either on the subject site or the off -site parking lot or the
municipal parking lot at all times.
20. The subject property shall provide and maintain a total of 13 parking spaces on -site at all
time with adequate striping and wheel stops in accordance with Public Works standards.
An off -site parking agreement, subject to the review by the City Attorney's office, shall
be recorded on the title of the subject property. The agreement shall guarantee a total
of 30 off -site parking spaces for the restaurant use until 9:00 p.m. each night and a
total of 61 parking spaces shall be provided for the nightclub from 9:00 p.m. to 2 a.m.
each night.
21. Valet parking shall be provided for the establishment during all business hours. The
final valet/parking management plan shall be approved prior to the issuance of a
certificate of occupancy. The valet/parking management plan shall also include a
statement that no recreational vehicles, boats, or similar vehicles shall be stored any
time at the subject site. The approved valet/parking management plan shall be
implemented by the applicant or future operator of the restaurant at all times.
Adequate valet personnel shall be provided to eliminate queuing onto Coast Highway.
Valet personnel shall be stationed at the off -site locations while off -site lots are in use
to minimize the need for valet personnel to cross Coast Highway on foot. Valet
personnel shall only cross Coast Highway at the signalized crosswalk and obey all
traffic laws.
22. All parking in conjunction with this use shall be confined to the parking lots over which
the applicant, owner or operator has written rights to park. If, in the opinion of the
Planning Director or City Traffic Engineer, the proposed use creates parking
congestion at the site, the applicant shall immediately resolve the congestion problem
by reducing attendance or increasing valet attendants or through other means until the
parking congestion is eliminated and parking is properly managed. The Planning
6
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant & Nightclub)
Pape 8 of 11
Director or City Traffic Engineer has the discretion to require the preparation of a
revised parking management plan.
23. A diagram of the location of the off -site parking lot shall be posted at the entrance of
the restaurant at all times.
24. The parking lot layout including any future changes shall be subject to the review and
approval of the City Traffic Engineer.
25. The applicant shall work with the City and adjacent property owner to the east (2547
Coast Highway) to construct the fourth leg to the signalized Coast Highway/Tustin
Avenue intersection. The fourth leg is a vital component to improve valet operation, by
providing a signalized approach at the project driveway. The applicant shall be
responsible for the cost of implementation of the signal improvements. Should this
signal improvement not be implemented, the City Traffic Engineer shall require, and
the applicant shall be responsible for, the implementation of other corrective measures
deemed necessary in order to ensure adequate and safe vehicular access and
valet/parking operations.
26. All delivery trucks shall be required to service the restaurant from on -site and shall be
prohibited from loading and unloading on Coast Highway. Deliveries shall be
scheduled outside the peak operating hours of the restaurant so that all access will not
be blocked.
27. 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.
28. The number of plumbing fixtures in the public restrooms shall comply with the Uniform
Building Code (Appendix 29A).
29. A grease interceptor of adequate size shall be required in association with food
preparation activities pursuant to the Building Code.
30. A wash -out area for refuse containers and kitchen equipment shall be provided and the
area shall not drain into the storm drain system. The area shall drain directly into the
sewer system, unless otherwise approved by the Building Director and Public Works
Director in conjunction with the approval of an alternative drainage plan. Washing of
refuse containers or restaurant equipment shall be prohibited outside of the washout
area.
31. All trash shall be stored within the building or within water -tight trash containers stored
within the trash (container) enclosure or otherwise screened from view from
neighboring properties except when placed for pick -up by refuse collection agencies.
The watertight trash containers shall have a lid or top that remains closed at all times,
except when being loaded or while being collected by the refuse collection agency.
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant & Nightclub)
Paqe 9 of 11
The applicant or operator shall maintain the watertight trash containers or receptacles so
as to control odors, which may include the provision of fully self- contained containers or
may include periodic steam cleaning of the containers, if deemed necessary.
Restaurant
32. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through
Friday, and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday.
33. A full meal service menu shall be available for ordering at all times that the restaurant
is open for business.
34. Maximum occupancy load for the restaurant operation shall be 143 persons. Strict
adherence to maximum occupancy limits is required.
Nightclub
35. Live entertainment or dancing shall be permitted from 9:00 p.m. to 2:00 a.m., seven
days a week.
36. Dancing shall only permitted in two designated dance floor areas which shall be
delineated with physical marking i.e. wood flooring, as depicted on the approved sets
of plans, unless authorized by a special events permit or amendment to the Use
Permit.
37. A Live Entertainment permit shall be required.
38. Maximum occupancy load for the nightclub operation shall 190 persons. Strict
adherence to maximum occupancy limits is required.
39. All windows located along the southerly (water) side of the establishment shall be
removed and replaced with fixed windows using an acoustically engineered laminated
glass product or dual or triple pane windows specifically designed to reduce sound
transmission. The specific windows installed should be as recommended by an
acoustical engineer. The establishment shall install a new house sound system that
employs state of the art matrix controls. Large speakers shall be eliminated in favor of
smaller, highly directional speakers that surround the audience.
40. All amplified instruments shall be plugged into the new house sound system.
Additional sound amplification devices or speakers shall be prohibited.
41. The house sound system shall be calibrated by a qualified acoustical consultant who
shall adjust the controls to a level that complies with the Newport Beach Municipal
Code Chapter 10.26, Community Noise Control standards. The qualified acoustical
.� U
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant & Nightclub)
Page 10 of 11
consultant shall be hired by the City of Newport Beach with the expense of the
consultant being the responsibility of the applicant.
42. The controls of the calibrated sound system shall be located in the establishment's
office to eliminate tampering. Access to the office shall be controlled by the operating
manager of establishment.
43. Based on the calibration of Condition No. 41, a sound level standard shall be
established for the interior of the establishment during a musical performance. This
standard shall be based on the C- weighting scale in order to properly address the low
frequency sound of bass instruments.
44. The establishment shall rent or purchase a calibrated integrating sound level meter
capable of measuring and displaying C- weighted noise levels. An acceptable
alternative is a signaling device that identifies when the standard of Condition No. 6 is
exceeded.
45. All performers shall be made aware that the establishment is a noise - sensitive venue
and informed of the need to control the volume of their music during performances.
46. All performers shall be made aware that the establishment reserves the right to adjust
the amplifier and equalizer settings during a performance, or to stop the performance
entirely, in the event the noise is excessive.
47. The establishment shall designate a contact person who will be responsible for
responding to community complaints regarding noise impacts.
48. No speakers shall be allowed outside in the porch/entrance area. No noise enhancing
measure shall be used to channel music outside of the enclosed building.
49. All doors and windows shall be closed during live performances except for ingress and
egress.
50. The operator of the business, at his/her own expense, shall provide a California licensed
security guard(s) on the property during nightclub hours, in accordance with the
comprehensive security plan and shall be approved by the Newport Beach Police
Department.
ABO Conditions
51. 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
certifying/licensing body, which the State may designate. The establishment shall comply
31
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant & Nightclub)
Page 11 of 11
with the requirements of this section within 180 days of the use permit approval. 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.
52. The type of alcoholic beverage license issued by the California Board of Alcoholic
Beverage Control for the restaurant uses shall be a Type 47 for full alcohol service for
on -site consumption only, and only in conjunction with the service of food as the
principal use of the facility. The consumption of alcoholic beverages shall be limited to
the interior of the restaurant. The sale of alcoholic beverages for off -site consumption is
prohibited. Any change in the alcoholic beverage license type shall be subject to the
approval of an amendment to this application and may require the approval of the
Planning Commission.
53. 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.
54. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under control of the ABC license.
55. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu
56. No food and/or alcoholic beverages shall be allowed in the "smoking" porch area.
57. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food
during the same period. The licensee shall maintain records that reflect separately the
gross sale of food and the gross sales of alcoholic beverages. Said records shall be kept
no less frequently than on a quarterly basis and shall be made available to the City upon
written request.
WI I . ..
EXHIBIT 2
DRAFT RESOLUTION FOR APPROVAL OF
RESTAURANT AND DENIAL OF NIGHTCLUB
33
RESOLUTION NO.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH APPROVING USE PERMIT NO.
2003 -036 AS MODIFIED FOR PROPERTY LOCATED AT 2601
W. COAST HIGHWAY (PA2003 -220)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, an application was filed by Random Interactive, Inc., with respect to property
located at 2601 W. Coast Highway, and legally described as Lot 5 of Tract 919, requesting
approval a Use Permit to expand the operation of a restaurant named Josh Slocum's Dinner
and Supper Club, currently operating with a Type 47 (On -Sale General Eating Place) License,
by increasing the occupancy, extending the hours of operation to include periodic lunch service
and operating a nightclub with live entertainment and dancing, from 9:00 p.m. to 2:00 a.m.,
every night. The request also includes a modification of minimum parking requirements since
the use does not provide code required parking.
WHEREAS, the existing restaurant was originally established prior to the requirement
of Use Permit, therefore, it is a legal nonconforming use.
WHEREAS, a Use Permit is required pursuant to Sections 20.82.060 (Changes in
Operational Characteristics) of the Municipal Code since the application proposes changes to
the operational characteristics of the establishment by extending the hours of operation to
include periodic lunch service, increasing the building occupancy load and providing nightclub
with live entertainment.
WHEREAS, a public hearing was held on May 6, 2004 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the aforesaid meeting was given. The application including submitted plans and
other evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting.
WHEREAS, the site is designated Recreational and Marine Commercial by the General
Plan Land Use Element and zoned SP -5 (Mariner's Mile Specific Plan) which designated the
site as Recreational and Marine Commercial. Restaurants and nightclubs are allowed uses
within these designations subject to the approval of a Use Permit.
WHEREAS, the proposed expansion of the existing restaurant 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 for the following reasons:
1. The project is located in a water front commercial area that also includes several other
restaurants, some of which provide entertainment activities. Surrounding land uses are
dominated by retail marine commercial and visitor serving uses including restaurants.
,34
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant)
Page 2 of 9
Restaurants and nightclubs are expected to be found in this and similar locations in
the city and the uses are complimentary to the surrounding commercial area.
2. The expansion of the restaurant hours to include lunch service Saturdays, Sundays,
and holidays and increased in occupancy load has been conditioned in such a manner
to require strict adherence to safety regulations. Additionally, the increased off -site
parking will be provided. The project design and operational characteristics, as
conditioned, meet the intent of the Zoning Code.
3. With the proposed off -site parking arrangement, valet parking plan, future traffic
improvements required by the Traffic Engineer, the site will conducive to the increased
intensity of use as a restaurant operation.
4. The subject site is not located in close proximity to residential districts, day care
centers, schools, park and recreation facilities or places of religious assembly. Lido
Isle is located an approximately 755 feet southeast of the subject property.
WHEREAS, the proposed increased use of off - street parking with the restaurant
portion of the project is acceptable for the following reasons:
1. The location of the off -site parking lot (2700 West Coast Highway) is useful in
conjunction with the establishment given its close proximity to the project site. The lot
is located approximately 275 feet north of the project site on the west side of Tustin
Avenue.
2. Pedestrian access between the off -site lot and the project site is accommodated on
public sidewalks and a crosswalk at the signalized intersection of Tustin Avenue and
Coast Highway.
3. Undue traffic hazards will not be created in the surrounding area with the
implementation of a valet/parking management plan and signal improvements
requested by the Traffic Engineer. The off -site parking lot is served by adequate street
access from Tustin Avenue via an existing improved public alley.
WHEREAS, the proposed nightclub operation at the site will 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 be detrimental to the properties or
improvements in the vicinity or to the general welfare of the City for the following reasons:
1. The subject site is not adequate in size to support the proposed nightclub activities
due the lack of on -site parking. The site provides only 18% of the minimum required
parking. The establishment has and will attract larger crowds than it is designed to
accommodate resulting in increased noise, traffic, trespassing and loitering. The site
does not provide adequate area for patron entry queuing as it primarily occurs in the
parking areas. Patrons waiting to enter the nightclub are not afforded adequate restroom
facilities.
J_�-
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant)
Page 3 of 9
2. The increase use of the off -site parking lot will create increased noise, traffic and general
activity during late night hours. The off -site parking lot is located near residences on
Tustin Avenue and Ocean View Avenue.
3. The building that would house the nightclub use is not constructed with maximum sound
attenuation features. Although additional sound attenuation measures and operational
restrictions can be required, noise impacts associated with live entertainment cannot be
entirely mitigated.
4. The increased traffic and access needs for the nightclub at the Coast Highway/Tustin
Avenue intersection. This intersection is not presently designed to accommodate
added traffic and access due to the lack of the fourth leg of signalization. Providing the
fourth leg of signalization is not guaranteed due to the participation of the abutting
property owner and Caltrans. Increased access to the site can result cars queuing along
Coast Highway while waiting for valet parking services thereby creating a traffic hazard.
The establishment is located within Report District No. 25 where the number of crimes is
75% higher that the citywide average. The total crimes in the adjacent two reporting
districts are also higher than the citywide average. The Police Department believes the
nightclub activity has in the past and will continue to contribute to higher alcohol- related
incidents and crime, which is detrimental to the community.
WHEREAS, the reduction in required parking (3 spaces) is not detrimental to the
surrounding area due to the presence of a municipal parking facility in the immediate vicinity.
The entrance to the parking lot is approximately 425 feet north of the project site on the east
side of Tustin Avenue and adequate pedestrian access is provided via public sidewalks and
the crosswalk at a signalized intersection.
WHEREAS, this project has been reviewed, and it qualifies for a categorical exemption
from the requirements of the California Environmental Quality Act under Class 1 (Existing
Facilities). There will be no significant environmental impact as the proposed project is located in
a fully developed area. The site is also devoid of any significant environmental resources and no
construction is proposed.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby approves
Use Permit No. 2003 -036 to allow the expansion a legal nonconforming restaurant with a Type
47 (On -Sale General Eating Place) License subject to the Conditions of Approval set forth in
Exhibit "A °.
Section 2. The Planning Commission of the City of Newport Beach hereby denies
the request to allow a nightclub operation with live entertainment and dancing.
Section 3. 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 or this
�lv
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant)
Page 4 of 9
action is called for review by the City Council in accordance with the provisions of Title 20,
Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 6th DAY OF MAY 2004.
�-a
M
Earl McDaniel, Chairman
Michael Toerge, Secretary
AYES:
NOES:
ABSENT:
j7
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant)
Page 5 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2003-036
1. The eating and drinking establishment shall be in operated in substantial conformance
with the site plan and floor plan for dining dated April 1, 2004.
2. Use Permit No. 2003 -036 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. 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
injurious to property or improvements in the vicinity or if the property is operated or
maintained so as to constitute a public nuisance.
4. Any change in operational characteristics, hours of operation, expansion in area, or
operation characteristics, or other modification to the floor plan, shall require an
amendment to this Use Permit or the processing of a new Use Permit.
5. 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.
6. Should the business, alcohol license or property be sold, transferred or otherwise come
under different ownership or control, any future owners, operators or assignees shall
be notified in writing of the conditions of this use permit by the current owner(s),
operator(s) or assignee(s). Future owners, operators or assignees shall submit, within
30 days of transfer or sale, a letter to the Planning Department acknowledging their
receipt, acknowledgement and acceptance of the limitations, restrictions and conditions
of approval of this permit.
7. 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, recyclable materials, litter,
debris or graffiti from the premises and on all abutting sidewalks within 20 feet of the
premises.
8. The primary use, as depicted on the approved plans, is an eating and drinking
establishment and restaurant. The operational character of the use shall not be
changed to a bar, tavern, or cocktail lounge as a primary use. A nightclub, cabaret or
commercial recreational entertainment venue is not an authorized use whatsoever.
29
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant)
Page 6 of 9
9. The operator of the restaurant facility shall be responsible for the control of noise
generated by the subject facility. The noise generated by the use shall comply with the
provisions of Chapter 10.26 of the Municipal Code. The maximum noise levels from
the use shall be limited to no more than depicted below for the specified time periods
unless the ambient noise level is higher. If the ambient noise level is higher, noise from
the use shall not exceed the ambient noise level.
10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through
Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday.
11. No live entertainment or dancing shall be permitted in conjunction with the permitted
use: Background music within the interior of the building is permitted. No music and /or
audible paging or speaker system shall be allowed outside the building or within the
"smoking" porch area.
12. 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.
13. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge,
including minimum drink orders or sale of drinks is prohibited.
14. No advertisements and/or flyers shall be posted and /or distributed outside of the
premises including in the off -site parking lot area.
15. All signs shall conform to the provisions of the Municipal Code. No temporary
"sandwich" signs or similar temporary signs shall be permitted, either on -site or off -
site, to advertise the restaurant.
,�9
Between the hours of
Between the hours of
TOOAM and
10:00PM and
10:OOPM
7:OOAM
Location
Interior
Exterior
Interior
Exterior
Residential Property
45dBA
55dBA
40dBA
50dBA
Residential Property located within
100 feet of a commercial
45dBA
60dBA
45dBA
5OdBA
property
Mixed Use Property
45dBA
60dBA
45dBA
50dBA
Commercial Property
N/A
65dBA
N/A
60dBA
10. Hours of operation for the restaurant shall be 5:00 p.m. to 2:00 a.m., Monday through
Friday and 11:00 a.m. — 2:00 a.m., Saturday, Sunday, and national holiday.
11. No live entertainment or dancing shall be permitted in conjunction with the permitted
use: Background music within the interior of the building is permitted. No music and /or
audible paging or speaker system shall be allowed outside the building or within the
"smoking" porch area.
12. 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.
13. Any event or activity staged by an outside promoter or entity, where the applicant,
operator, owner or his employees or representatives share in any profits, or pay any
percentage or commission to a promoter or any other person based upon money
collected as a door charge, cover charge or any other form of admission charge,
including minimum drink orders or sale of drinks is prohibited.
14. No advertisements and/or flyers shall be posted and /or distributed outside of the
premises including in the off -site parking lot area.
15. All signs shall conform to the provisions of the Municipal Code. No temporary
"sandwich" signs or similar temporary signs shall be permitted, either on -site or off -
site, to advertise the restaurant.
,�9
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant)
Page 7 of 9
16. A full meal service menu shall be available for ordering at all times that the restaurant
is open for business.
17. Prior the issuance of the certificate of occupancy, the location of maximum occupancy
postings in the establishment shall be inspected and approved by the Newport Beach
Building Department to ensure the location is readily visible to employees, patrons and
public safety personnel. Maximum occupancy load for the restaurant operation shall be
143 persons. Strict adherence to maximum occupancy limits is required.
18. The use of private (enclosed) "VIP" rooms or any other temporary or permanent
enclosures separate from public areas are prohibited.
19. All entry doors of the establishment shall remain closed at all times except for the
ingress and egress of patrons and employees. All emergency exists shall remain
operable at all times. The use of the side doors shall be limited to deliveries and
employee use only and normal ingress and egress by patrons is prohibited except in
the event of an emergency.
20. Prior to the issuance of the certificate of occupancy, 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.
21. All employees shall park either on the subject site or the off -site parking lot or the
municipal parking lot at all times.
22. A minimum of 43 parking spaces shall be provided for the subject property at all times.
Thirteen (13) of these spaces shall be provided and maintained on -site at all times with
adequate striping and wheel stops in accordance with Public Works standards. An off -
site parking agreement, subject to the review by the City Attorneys office, shall be
recorded on the title of the subject property. The agreement shall guarantee a
minimum of 30 off -site parking spaces for the uses authorized on the property.
23. Valet parking shall be provided for the restaurant use during all business hours. A final
valet/parking management plan shall be approved prior to the issuance of a certificate
of occupancy. The valet/parking management plan shall also include a statement that
no recreational vehicles, boats, or similar vehicles shall be stored any time at the
subject site. The approved valet/parking management plan shall be implemented by
the applicant or future operator of the restaurant at all times. Adequate valet personnel
shall be provided to eliminate queuing onto Coast Highway. Valet personnel shall be
stationed at the off -site locations while off -site lots are in use to minimize the need for
valet personnel to cross Coast Highway on foot. Valet personnel shall only cross
Coast Highway at the signalized crosswalk and obey all traffic laws.
1f 0
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant)
Page 8 of 9
24. All parking in conjunction with this use shall be confined to the parking lots over which
the applicant, owner or operator has written rights to park. If, in the opinion of the
Planning Director or City Traffic Engineer, the proposed use creates parking
congestion at the site, the applicant shall immediately resolve the congestion problem
by reducing attendance or increasing valet attendants or through other means until the
parking congestion is eliminated and parking is properly managed. The Planning
Director or City Traffic Engineer has the discretion to require the preparation of a
revised parking management plan.
25. A diagram of the location of the off -site parking lot shall be posted at the entrance of
the restaurant at all times.
26. The parking lot layout including any future changes shall be subject to the review and
approval of the City Traffic Engineer.
27. The applicant shall work with the City and adjacent property owner to the east (2547
Coast Highway) to construct the fourth leg to the signalized Coast Highway/Tustin
Avenue intersection. The fourth leg is a vital component to improve valet operation, by
providing a signalized approach at the project driveway. The applicant shall be
responsible for the cost of implementation of the signal improvements. Should this
signal improvement not be implemented, the City Traffic Engineer shall require, and
the applicant shall be responsible for, the implementation of other corrective measures
deemed necessary in order to ensure adequate and safe vehicular access and
valet/parking operations.
28. All delivery trucks shall be required to service the restaurant from on -site and shall be
prohibited from loading and unloading on Coast Highway. Deliveries shall be
scheduled outside the peak operating hours of the restaurant so that all access will not
be blocked.
29. 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
certifying/licensing body, which the State may designate. The establishment shall comply
with the requirements of this section within 180 days of the use permit approval. 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.
30. The number of plumbing fixtures in the public restrooms shall comply with the Uniform
Building Code (Appendix 29A).
31. A grease interceptor of adequate size shall be required in association with food
preparation activities pursuant to the Building Code.
41
City of Newport Beach
Planning Commission Resolution No.
(Approving Restaurant)
Page 9 of 9
32. A wash -out area for refuse containers and kitchen equipment shall be provided and the
area shall not drain into the storm drain system. The area shall drain directly into the
sewer system, unless otherwise approved by the Building Director and Public Works
Director in conjunction with the approval of an alternative drainage plan. Washing of
refuse containers or restaurant equipment shall be prohibited outside of the washout
area.
33. All trash shall be stored within the building or within water -tight trash containers stored
within the trash (container) enclosure or otherwise screened from view from
neighboring properties except when placed for pick -up by refuse collection agencies.
The watertight trash containers shall have a lid or top that remains closed at all times,
except when being loaded or while being collected by the refuse collection agency.
The applicant or operator shall maintain the watertight trash containers or receptacles so
as to control odors, which may include the provision of fully self- contained containers or
may include periodic steam cleaning of the containers, if deemed necessary.
up2003- 036mweso.doc
4a
EXHIBIT 3
POLICE DEPARTMENT
REPORT
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City of Newport Beach
Police Department
Memorandum
March 22, 2004
TO: Rosalinh Ung, Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Addendum - Project Review Request (Josh Slocum's)
At your request, we are providing this addendum to our project review staff report for this
application, dated March 8, 2004. We have also received a copy of the applicant's floor plans
with revised occupancy calculations for dining and dancing, and parking management plan
with off -site parking arrangement. Our comments here are based on the original written
submissions to the Planning Department (the basis of our November 14th memo) and a
review of revised plans. Beyond that, the Police Department has not received any additional
submissions that would indicate any changes to the original business model proposed by the
applicant.
Occupancv
Floor plan for waiting area (12 people) during dining and dancing area is still the same
concern. The waiting area, as explained, will be open to patrons without seating and
provides standing room only. Since this area is the only customer entrance or exit into the
restaurant/nightclub from the outside, the presence of the additional patrons will create an
access issue for responding emergency personnel. It is also the only access point to the
restrooms in the building. This would contribute to the overcrowding concerns in the waiting
area as congestion increases when patrons line -up to use the restroom facility.
Customer Parkino
The Police Department is aware that additional parking spaces have been acquired;
however, added vehicle congestion entering and leaving the restaurant/night club on West
Coast Highway could potentially hamper and delay access to the location by police and fire
personnel responding to emergency calls for service.
CSO Susan Seviane
Vice and Intelligence Unit
City of Newport Beach
Police Department
November 14, 2003
TO: Rosalinh Ung , Staff Planner
FROM: CSO Susan Seviane
SUBJECT: Josh Slocum's (UP2003 -036)
2601 West Coast Highway
At your request, our office has reviewed the project request for Josh Slocum's, located at
2601 West Coast Highway, Newport Beach. The applicant seeks to operate a full - service
restaurant (Josh Slocum's) with a Type 47 (Bona fide public eating place) license, and to
allow the restaurant to operate as a nightclub /lounge with live entertainment and dancing
after the dinner hours. The request includes a 175% increase in occupancy from 133
persons to a maximum of 368 persons.
The Police Department is very concerned about the potential negative impact the applicant's
request will have on public safety. These concerns are based on documented incidents at
this location and incidents involving the applicant. The concerns are also based on
experiences with similar business operations involving other operators within the City.
To start, we believe the applicant's desire to increase the occupancy of the business will
create public safety problems responding to emergency calls for service at and around the
location. For example: the applicant is proposing an increase in their occupancy that will
allow as many as 81 people to be in the 244 square foot `waiting area." The waiting area, as
explained, will be open to patrons without seating and provides standing room only. Since
this area is the only customer entrance or exit into the restaurant/nightclub from the outside,
the presence of the additional patrons will create an access issue for responding emergency
personnel: It is also the only access point to the restrooms in the building. This would
contribute to the overcrowding concerns in the waiting area as congestion increases when
patrons line -up to use the restroom facility. We believe that increasing the occupancy in the
waiting area could severely hamper and delay efforts by police and fire personnel responding
to emergency calls for service.
Additionally, we feel that there are insufficient restroom facilities to support any increase in
occupancy. Due to their physical location within the facility, restroom access will become
very difficult if there is an occupancy increase in the waiting area. In our experience, this
could lead to verbal and physical conflicts and may ultimately result in some patrons resorting
to public urination in violation of the Newport Beach Municipal Code. These types of
4S_
Josh Slocum's (UP2003 -036)
Page 2 of 7
complaints and violations of the Municipal Code will lead to increased calls for Police
Department services at the location.
Another significant concern involves customer parking. Increasing occupancy will result in
additional vehicles accessing the already limited parking lot at the location. Although the
applicant indicates in the proposal that an additional 35 off -site parking spaces will be added,
it is assumed that the vehicles will still have to access the main parking lot. We believe this
will add to vehicle congestion entering and leaving the restaurant/night club on West Coast
Highway and could potentially hamper and delay access to the location by police and fire
personnel responding to emergency calls for service. Also, based on our experience, added
congestion could ultimately result in increased calls for Police Department services at the
location. The Police Department is aware that additional parking spaces have been acquired
as part of this expansion proposal; however, if the proposed application is approved, the
applicant should be required to develop a plan (including a requirement for any business
related advertisement) to specify for prospective patrons where the additional parking may be
located. Those spaces should not be restricted for use only as a result of valet parking, since
that would only add to the congestion at the restaurant/nightclub site.
We have included a report prepared by Police Department Crime Analyst Paul Salenko that
provides detailed statistical information related to calls for service in and around the
applicant's place of business in support of our concerns for reference.
Applicant History:
The Restaurant use was established in 1968 prior to any Zoning Ordinance requirement for a
Use Permit. In early 1973, a new owner of the restaurant submitted a request for an off -site
parking agreement. In 1975, the City adopted Ordinance No. 1623, which required
restaurants zoned C -O -Z (commercial /residential Zone with particular parking standards) to
obtain a Use Permit. In 2001 the restaurant converted (without the required permits) to a
nightclub during the late evening hours.
Signs and Displays:
Ensure applicant is made aware there shall be no exterior advertising or signs of any kind or
type, including advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages and that interior displays of alcoholic beverages or signs
that are clearly visible to the exterior shall constitute a violation of this condition.
Hours of Operation:
The location currently operates from 5 p.m. to 2 a.m. daily.
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.
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Josh Slocum's (UP2003 -036)
Page 3 of 7
Employee Training:
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:
It has been our experience at this location that during peak activity times, traffic ingress to the
parking facility at the location can result in cars queuing along West Coast Highway while
waiting for valet parking services. This can create a traffic hazard and negatively impact
traffic movement along the highway. Any valet parking plan should include a solution to
minimize this concern. Additionally, the applicant's driveway exits directly into the
intersection of Tustin and West Coast Highway where there is not a traffic control signal or
regulating signs for vehicles exiting the location. The Police Department believes this is
hazardous to vehicles exiting and could potentially result in increased traffic collisions. The
Police Department strongly recommends this situation be corrected by at least placing
regulatory "Right Turn Only' signage at the exit mandating right turns for vehicles leaving the
applicants driveway. Another option would be to require the applicant to upgrade the traffic
signal light at Tustin and West Coast Highway to allow controlled departure for vehicles
exiting the parking lot at the location.
— The Police Department also recommends appropriate conditions and design requirements
ensuring the applicant's parking lot have adequate lighting during hours of darkness.
Increased occupancy will result in increased pedestrian and vehicular traffic in the parking lot
that could potentially result in an increase in traffic collisions with the limited existing lighting.
The applicant's parking lot should be readily visible to restaurant /nightclub staff and /or by
police or fire personnel responding to calls for service or routine inspections related to
alcoholic beverage control and Municipal Code regulations. The Police Department also
recommends the applicant be required to develop a plan to address potential nuisance
violations caused by customers in the parking lot (loitering, littering, drinking in public,
urinating in public, etc.). From experience, we expect these problems will increase with any
added occupancy levels.
The Police Department also believes that raising the occupancy level and allowing the
proposed changes in the businesses operating conditions increases the likelihood that noise
generated from the location may negatively impact nearby businesses and residences. It has
been our documented experience with this and other waterfront restaurant business
operations that noise generated by live or recorded music, paging systems, patrons on open
patios, etc. will disturb area residences and businesses.
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 with the recent experiences at this operation, we are projecting the applicant's proposal
will result in an increase in Police Department activities and calls for services.
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Josh Slocum's (UP2003 -036)
Page 4 of 7
In addition to the Police Department's described concerns, we believe there is a greater
policy and land use issue involved in the approval process for intensifying the alcohol usage
in this area of the Community. Although such decisions to resolve these community
concerns appropriately should be left to the Planning Commission and/or City Council, we are
not supportive of adding the additional intensity as proposed at this particular location.
The Police Department is required to spend a substantial amount of time and resources
policing this area. For example, the police activities and calls for service between 08 -13 -02
through 10 -30 -03 resulted in 163 calls. The majority of the problems encountered included
public drunkenness, noise complaints, argument mediation, driving under the influence of
alcohol enforcement, assaults, thefts, narcotic - related offenses, and public nuisance offenses
including urinating in public. The area also experienced heavy vehicular and pedestrian
congestion on weekends, holidays and during the summer months.
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. We also recommend establishing conditions that would
regulate future changes in the use of the business including changing the business to a
traditional bar -type establishment.
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Josh Slocum's (UP2003 -036)
Page 5 of 7
If the proposed application is approved, the Police Department recommends the following
conditions be considered for the Conditional Use Permit for the business:
1. No alcoholic beverages shall be consumed on any property adjacent to the licensed
premises under the control of the license.
2. No "happy hour' type of reduced price alcoholic beverage promotion shall be allowed
except when served in conjunction with food ordered from the full service menu.
3. There shall be no exterior advertising or signs of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages or signs that are clearly visible to
the exterior shall constitute a violation of this condition.
4. Petitioner shall not share any profits, or pay any percentage or commission to a
promoter or any other person, based upon moneys collected as a door charge, cover
charge, or any other form of admission charge, including minimum drink orders or the
sale of drinks.
5. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of
food during the same period. The licensee shall at all time maintain records that
reflect separately the gross sale of food and the gross sales of alcoholic beverages of
the licensed business. Said records shall be kept no less frequently than on a
quarterly basis and shall be made available to the Police Department on demand.
6. There shall be no on -site radio, television, video, film or other electronic media
broadcasts, including recordings for the broadcast at a later time, which include the
- service of alcoholic beverages, without first obtaining an approved Special Event
Permit issued by the City of Newport Beach.
7. There shall be no dancing allowed on the premises without first obtaining a permit
from the City.
8. There shall be no live entertainment of any type on the premises at any time without
first obtaining a permit from the City.
9. Require occupancy posting that would ensure employees, patrons and /or public safety
personnel have the ability to readily determine the occupancy load in each section of
the building and patio area.
10.Require physical control points or other appropriate measures that would enable
employees to regulate patrons in order to comply with occupancy limits.
11.Consider addressing requirements for activities requiring special event permits as
issued by the City and establishing a cap for the number of such permits issued during
a calendar year.
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Josh Slocum's (UP2003 -036)
Page 6 of 7'
12. Prohibit the applicant from maintaining or constructing any type of enclosed room
intended for private use by patrons or customers for any purpose. Our concern is not
with banquet facilities used for contracted events such as a wedding receptions or
company holiday parties. Private rooms (i.e. "VIP lounges" with private access) make
it difficult for public safety personnel to inspect for compliance with state and local
laws, and the conditions of ABC licenses and local permits.
13. Adequately illuminate the parking lot/valet area during hours of darkness for the safety
of customers and pedestrians.
14. From 10:00 p.m. until closing, or any time there is live entertainment or prerecorded
music being played, all doors and windows shall be closed, except in cases of
emergency or actual entry or exit of patrons. Said doors and windows shall not consist
solely of screen or ventilated security doors and windows.
15.Because of public access that may impact loitering, the applicant(s) shall post and
maintain a professional quality sign facing the premises parking lot(s) that reads as
follows:
16. Require the applicant, his agents or employees to immediately allow access to any
properly identified on-duty Newport Beach Police Officer, no matter whether after
normal business hours or not, to gain access to the facility for purposes of conducting
a lawful inspection of the premise operations at that particular time of the day or night.
17. Require the applicant to reduce the proposed occupancy of the entry corridor to the
facility and to maintain a clear five foot (or greater, depending on any appropriate fire
code requirements), corridor into the main facility for emergency access.
18. Develop a specific plan to insure prospective patrons are informed of the offsite
parking spaces designated as overflow to accommodate the additional occupancy.
NO LOITERING, NO LITTERING
NO DRINKING OF ALCOHOLIC BEVERAGES
VIOLATORS ARE SUBJECT TO ARREST
The sign shall be at least two feet square with two inch block lettering.
If you may have any questions, please do not hesitate to contact me at (949) 644 -3705.
In summary, the Police Department does not recommend approval of the requested change
in the character and scope of this application as proposed. We believe it will have a negative
impact on the surrounding area and result in a requirement for additional police services.
S0
Submitted by:
Susan Seviane, Community Service Officer
Vice and Intelligence Unit
Approved by:
Tim Riley, Captain D
Detective Division Commander
Josh Slocum's (UP2003 -036)
Page 7 of 7
City of Newport Beach
Police Department
Memorandum
October 22, 2003
TO: Rosalyn Ung, Staff Planner
FROM: Paul Salenko, Crime Analyst
SUBJECT: Alcohol Related Statistics
At your request, our office has reviewed police services data for the josh Slocum's at 2601
West Coast Hwy. This area encompasses our reporting district (RD) number 25 as well as
part of Census Tract 634. This report reflects City of Newport Beach data for calendar year
2002, which is the most current data available.
Calls for Service Information
City wide there were 59,182 calls for police services during this time, of which 2246 were in
RD 25. 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 7,057 crimes reported to the Newport Beach Police Department during this
period. Of this total, 2,609 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
4,448 were Part Two crimes. The Part One crime rate for the entire city during this same
period was 3,448.23 per 100,000 people. The national Part One crime rate was 4,160.5* per
100,000 people.
Crimes
RD 25
Newport Beach
California*
National*
Part 1
94
2,609
1,346,557
11,849,006
Part 2
231
4,448
N/A
N/A
Part 1Crime Rate
3,395.95
3,448.23
3,902.9
4,160.5
The number of active ABC licenses in this RD is 23 **
Per capita ratio l license for every 115 residents.
This reporting district had a total of 325 reported crimes as compared to a City wide
reporting district average of 186 reported crimes. This reporting district is 139 crimes or 75%
above the City wide reporting district average. This location is within an area where the
number of crimes is at least 75% higher than the average of all reporting districts in the City
Sa
as outlined in the City Council "K -7" policy. This location is within an RD that is over the
Orange County per capita average of ABC licenses * *.
Arrest Information
There were 57 DUI arrests and 41 Plain Drunk arrests in this area during this same period as
compared to 1,608 for the entire city. This RD amounts to 5.57% 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
RD 25
Newport Beach
(DUI/Drunk)
98
1,608
All Arrests
133
4,005
California* National*
N/A N/A
1,415,129 9,322,324
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 24 and RD 26.
Crimes
RD 24
RD 26
Part 1
161
108
Part 2
274
198
Crime Rate
3,395.91
4,073.93
Arrests (DUI/Drunk)
112
82
All Arrests
229
181
Calls For Service
3,320
2,089
Number of active ABC licenses
5 **
12 ** .....
Per capita ratiol license for every
667 **
126 ** 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 75,645.
*These numbers are from the 2001 Uniform Crime Reports, which is the most recent edition.
* *The number of active ABC licenses is the total of all types of licenses 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
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EXHIBIT 5
NOISE STUDY BY
BRIDGNET
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Nov 05 03 01:57p p.1
November 5, 2003
Ms, Rosalinh Ung
Case Planner
City of Newport Beach
Phone: 949 -644 -3208
Fax: 949 - 644 -3229
Subject: Live Entertainment Noise at Josh Slocums
Dear Rosalinh,
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You requested whether or not the live entertainment was audible at each of the
measurement locations while the live entertainment was taking place. At Site 1, the live
entertainment was clearly audible. At Site's 2 and 3, the live entertainment was audible. At
Site' 4, 5, and 6, the live entertainment was not audible.
Please refer to the conclusion of our report for more information on the details of each
measurement at each of these locations while the live entertainment was taking place.
Sincerely,
BridgeNet International
Uv`* c6o,
Justin Cook
Staff Engineer
(� 1
Noise Analysis For
Josh Slocums
City of Newport Beach
Report # 2003 -137
July 1, 2003
Prepared For:
Roger Grable, Attorney
650 Town Center Drive
Suite 1250
Costa Mesa, CA 92626
(714) 371 -2537
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Bridge p,.et ,
3151 Airway Ave., Bldg. I -2
Costa Mesa, CA 92626
Tel (714) 540 -3120
Fax (714) 540 -3303
www.BridgeNet-IntI.com
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1.0 Introduction
The purpose of this acoustical analysis for Josh Slocum's, located in the City of Newport
Beach, is to: conduct a series of noise measurements in and around the project and at noise
sensitive land uses near the project, analyze the measurement data, determine the potential
impacts to the existing residences, and develop noise mitigation recommendations so the project
meets the City of Newport Beach's noise ordinance level. Josh Slocum's is located off of West
Coast Highway, in the City of Newport Beach. Refer to Figure 1 for the location of the Josh
Slocum's Restaurant. Refer to Figure 2 for an aerial photo of the project site.
A noise survey was conducted at the project site in order to determine the existing noise
environment. We conducted the noise measurement survey between 8 p.m. and midnight on
Sunday, June 22, 2003. Short-term noise measurements (no less than 15 minute intervals) were
made of both the ambient conditions as well as the noise levels generated by entertainment
activities at Josh Slocum's. The noise levels will be measured simultaneously inside and outside
the establishment in order to determine the level of noise reduction provided by the existing
structure. The outdoor noise levels measured during the survey are compared to the applicable
noise level standards for the applicable land uses adjacent to the project.
Should the noise levels measured during the live entertainment exceed the noise
ordinance levels at the land uses adjacent to the project site, then we will develop mitigation
measures to: 1) control the noise level generated within the facility and 2) reduce the
transmission of noise from within the structure. The noise mitigation measures will be designed
to ensure that the projected noise levels will be within the City of Newport Beach's noise
standards.
2.0 Noise Criteria
Community noise generally is not a steady state and varies with time. Under conditions
of non - steady -state noise, some type of statistical metric is necessary in order to quantify human
response to noise. Several rating scales have been developed for the analysis of adverse effects
of community noise on people. They are designed to account for the known effects of noise on
people. Based on these effects, the observation has been made that the potential for a noise to
impact people is dependent on the total acoustical energy content of the noise. A number of
noise scales have been developed to account for this observation.
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2.1 Noise Assessment Metrics
The description, analysis and reporting of community noise levels around communities is
made difficult by the complexity of human response to noise and the variety of noise metrics that
have been developed for describing noise impacts. Each of these metrics attempts to quantify
noise levels with respect to community response. Most of these metrics use the "A- weighted"
noise level to quantify noise impacts on humans. "A- weighting" is a frequency correction that
correlates the overall sound pressure levels with the frequency response of the human ear.
Noise metrics can be divided into two categories: single event and cumulative. Single
event metrics describe the noise levels from an individual event such as an aircraft flyover or
perhaps a heavy equipment pass -by. Cumulative metrics average the total noise over a specific
time period, which is typically from one to 24 -hours for community noise levels. For a non-
steady state (transportation related noise sources), cumulative noise metrics are generally used.
For steady -state (non - transportation related noise sources), noise ordinance levels involving the
statistical distribution of measured noise levels is typically used. The energy average noise level
and the statistical distribution of noise levels will be used for analysis of this project.
2.2 Cumulative Noise Metrics
Several rating scales have been developed for measurement of community noise. These
account for: (1) the parameters of noise that have been shown to contribute to the effects of
noise on man, (2) the variety of noises found in the environment, (3) the variations in noise
levels that occur as a person moves through the environment, and (4) the variations associated
with the time of day. They are designed to account for the known health effects of noise on
people described previously. Based on these effects, the observation has been made that the
potential for a noise to impact people is dependent on the total acoustical energy content of the
noise. A number of noise scales have been developed to account for this observation. The two
predominate noise scales are the Equivalent Noise Level (LEQ or Leq) and the Community Noise
Equivalent Level (CNEL). These scales are described in the following paragraphs.
LEQ is the sound level corresponding to a steady -state sound level containing the
same total energy as a time - varying signal over a given sample period. Leq is the
"energy" average noise level during the time period of the sample. Leq can be
measured for any time period, but is typic easure minutes, 1 hour or
24- hours. The noise ordinance for th ity of Lake Forest i e tablished in terms
of the Leq metric.
CNEL is similar to LEQ but is for twenty -four hours, and applies a weighting
factor, which places greater significance on noise events occurring during the
evening and night hours (when sleep disturbance is a concern). CNEL is a 24-
hour, time - weighted annual average noise level. Time- weighted refers to the fact
that noise which occurs during certain sensitive time periods is penalized for
occurring at these times. The evening time period is penalized by 5 dB (7 p.m. to
10 p.m.) while nighttime period (10 p.m. to 7 a.m.) noises are penalized by 10 dB.
5
�.
2.3 Statistical Noise Metrics
L(N), or L %, is a statistical method of describing noise which accounts for the variance in
noise levels throughout a given measurement period. L(N), where N equals a percentage, is a
way of expressing the noise level exceeded for a percentage of time in a given measurement
period. For example, since 15 minutes is 25% of 60 minutes, L(25) is the noise level that is
exceeded for fifteen minutes of a sixty- minute measurement period.
For example, most city, county, and state noise ordinances use a daytime standard of 55
dBA for 30 minutes per hour, which is equivalent to an L(50) level of 55 dBA. In other words,
the noise ordinance states that for a residential land use, a piece of equipment not located on the
property will not be allowed to generate a noise level of 55 dBA for more than thirty minutes in
any hour. As the noise level limit increases, the time the noise is allowed to occur within any
hour is reduced.
Additional short-term noise metrics include the maximum noise level and the minimum
noise level. The Maximum Noise Level (Lmax) is the loudest noise level registered during a
noise measurement. The Minimum Noise Level (Lmin) the quietest noise level registered during
a noise measurement.
2.4 City of Newport Beach Noise Ordinance
The City of Newport Beach has established a Noise Ordinance within Section 10.26.025
of its Municipal Code. Section 10.26.025 (Exterior Noise Standards) of the City ordinance
contains the noise regulation standards, which are included below:
"Section 10.26.025 Exterior Noise Standards.
(A) The following noise standards, unless otherwise specifcally indicated, shall apply to
all property with a designated noise zone:
NOISE
ZONE TYPE OF LAND USE
ALLOWABLE EXTERIOR
NOISE LEVEL
(Equivalent Noise Level, Leq)
7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
Single -, two- or multiple - family residential 55 dBA 50 dBA
II Commercial 65 dBA 60 dBA
III Residential portions of mixed -use properties 60 dBA 50 dBA
IV Industrial or manufacturing
70 dBA 70 dBA
67
"If the ambient noise level exceeds the resulting standard, the ambient shall be the
standard. "
3.0 Short -Term Noise Monitoring
A series of short-term noise measurements were taken in the night of June 22, 2003. Six
(6) short-term measurement sites were used. Site I was taken inside of Josh Slocum's at the
southern most side near the mixing board. Site 2 was taken directly outside of Josh Slocum's to
the south on the boat dock. Site 3 was taken on the balcony of the property that is east of Josh
Slocum's. Site 4 was taken outside of Josh Slocum's, across West Coast Highway to the north,
with enough distance from West Coast Highway so that transportation noise sources wouldn't
dominate the noise measurement. Site 5 was taken at a Park on Lido Island, south of Josh
Slocum's. Site 6 was taken by the bridge connecting Lido Island to the Balboa Peninsula, in the
backyard dock area of a residential property. Refer to Figure 3 for the locations of these six (6)
short-term measurement sites.
Five ambient short -term measurements were taken before the live entertainment began at
8 p.m. These ambient measurements were taken at Site's 2 -6, for periods of 15 minutes each.
Six short-term measurements were then taken during the live entertainment held within
Josh Slocum's. These measurements were taken when the live band was playing one.of their 30-
minute sets. Sites 1 and 2 recorded for a total of 1' /z hours simultaneously. Sites 3 -6 each
recorded at separate times during this time for 15 minutes each.
Three sound level monitoring systems were used during the measurement survey. One
system was a Bruel & kjxr 2236 system. Another system was a Harmonie one -third octave
spectrum analyzer developed by O1dB- Stell. The last system was a Solo sound level meter
developed by OldB- Stell. The measurements consisted of monitoring the A- weighted decibel in
accordance with procedures, which comply with specific International Standards (IEC). The
spectrum analyzer used to make the noise measurements meet the standards established by the
American National Standards Institute (ANSI) standards for Type 1 instrumentation (51.4).
During the survey the noise monitoring instrumentation was calibrated to ensure accuracy of the
measurement data. This calibration was traceable to the National Institute of Standards and
Technology, formerly the National Bureau of Standards.
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4.0 Short -Term Noise Measurement Results
The ambient short-term measurement at Site 2 was taken at 6:42 p.m. for 15 minutes.
The resulting average ambient noise level at this site was 53.9 dB Leq. The ambient short-term
measurement at Site 3 was taken at 6:47 p.m. for 15 minutes. The resulting average ambient
noise level at this site was 66.6 dB Leq. The ambient short-term measurement at Site 4 was
taken at 7:06 p.m. for 15 minutes. The resulting average ambient noise level at this site was 58.0
dB Leq. The ambient short-term measurement at Site 5 was taken at 7:19 p.m. for 15 minutes.
The resulting average ambient noise level at this site was 48.4 dB Leq. The ambient short-term
measurement at Site 6 was taken at 7:46 p.m. for 15 minutes. The resulting average ambient
noise level at this site was 55.0 dB Leq. Refer to Table 1 for the average ambient noise levels at
each of these short-term measurement sites.
Table 1
Averaee Ambient Noise Levels — Site's 2 -6
Site
Location
Noise Level
(dBA Leq) .
2
53.9
3
66.6
4
58.0
5
48.4
6
55.0
With the live entertainment playing inside Josh Slocum's, the short-term measurement at
Site 1 was taken at 9:28 p.m. for I %2 hours. The resulting average noise level at this site was
95.3 dB Leq. Refer to Figure 4 for a one second time - history plot of this measurement. The
short-term measurement at Site 2 was taken at 9:25 p.m. for 1% hours also. The resulting
average noise level at this site was 62.0 dB Leq. Refer to Figure 5 for a one second time - history
plot of this measurement.
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The short-term measurement at Site 3 was taken at 10:45 p.m. for 15 minutes. The
resulting noise level at this site was 66.7 dB Leq. The short-term measurement at Site 4 was
taken at 10:26 p.m. for 15 minutes. The resulting noise level at this site was 56.1 dB Leq. The
short-term measurement at Site 5 was taken at 9:36 p.m. for 15 minutes. The resulting noise
level at this site was 49.9 dB Leq. The short-term measurement at Site 6 was taken at 9:55 p.m.
for 15 minutes. The resulting noise level at this site was 50.0 dB Leq. Refer to Table 2 for the
average noise levels at each of these short-term measurement sites while the live entertaining at
Josh Slocum's was playing.
Table 2
Averaee Noise Levels Durine Live Entertainment — Site's 1 -6
Site Noise Level
Location (dBA Leq)
1 95.3
2 62.0
3 66.7
4 56.1
5 49.9
6 50.0
5.0 Conclusion
In examining the average noise levels and time history plots for Sites I and 2 during the
live entertainment at Josh Slocum Is, it was determined the outdoor to indoor noise reduction of
the Josh Slocum's building is 33.3 dBA Leq.
Comparing the average ambient noise level at Site 2 with the average noise level at Site 2
during the live entertainment, we see that the average noise level during the live entertainment is
8.1 dBA Leq louder. This is directly due to the live entertainment going on inside of Josh
Slocum's.
Comparing the average ambient noise level at Site 3 with the average noise level at Site 3
during the live entertainment, we see that there is no significant change in noise level. This is
due to the fact that this location is near the entrance of Josh Slocum's, where people entering
make a lot of noise and from traffic on West Coast Highway.
Comparing the average ambient noise level at Site 4 with the average noise level at Site 4
during the live entertainment, we see that the average ambient noise level is 1.9 dBA Leq louder.
This is due to that fact that this location is dominated by noise from people entering Josh
Slocum's and from traffic on West Coast Highway and not directly from the live entertainment.
12
'72
Comparing the average ambient noise level at Site 5 with the average noise level at Site 5
during the live entertainment, we see that the average noise level during the live entertainment is
1.5 dBA Leq louder. But, this is not directly due to the live entertainment, but other noise factors
like aircraft departing from John Wayne Airport and boat noise.
Comparing the average ambient noise level at Site 6 with the average noise level at Site 6
during the live entertainment, we see that the average ambient noise level is 5.0 dBA Leq louder.
This is due to the fact that boat noise and aircraft noise are the dominating noise during this time
period, not the noise coming from the Josh Slocum's live entertainment.
According the City of Newport Beach's noise ordinance standard, the maximum
allowable exterior noise level at nearest residences from 10 p.m. to 7 a.m. shall be 50 dBA.
Although the average noise levels at Site's 5 and 6 during the live entertainment at Josh
Slocum's was 49.9 dBA Leq and 50.0 dBA Leq respectively, these locations were dominated by
noise from aircraft departing John Wayne Airport and boat noise. Therefore, noise miti ation
measures will not be required for Josh Slocum's.
13
%z)
07/03/2003 13:47 9495482384 NED MCCUNE PAGE 01
Ned McCune
424 East IBM Street
Conte, M6=6 CA 92W
July 3, 2003
To Whom It May Concern,
I am the owner of the property at 2700 West Coast Highway,
Newport Beach. I am prepared to lease an additional 35 parking
spaces to Josh Slocum's Restaurant, according to the terms
discussed with me by Pat Connors, if and when its permit
application is approved.
Sincerely,
lama
Mariners Mile Co.
949 646 2076
7&
EXHIBIT 7
TRAFFIC LIGHT
IMPROVEMENTS LETTER
77
iP2126/2004 17145 3496613791
February 26; 2004
�i ft-,M"MU4!
Associate Planner
Civ. of. Beach
P.O. 17
RE: Proposed Fourth Log for Tfaft Signet at John Slocunfe Restaurant
Dow Me. Ung:
PAGE 02
Dtrbv the d1sonsions, over a use permit for Josh Slocurn's PaAwr%K 2001 W.,
COW Nghway, the issue of signal" the fourth log of the intersection with
Tustin Avenue and Watt Padk Coast Kghway, has ankeed. The City of
Newport Beach seeks the 000persdon of Random Interactive. opwawl&wner of
Josh SfturWo Restaurant, as the City endeavors to Implemocit the Wgn*ka*m
of go fourth log at the shared WWNXW to Josh Mocurns and to o0cont
property,
Random Interactive Is prepared to cooperale with the 00 to enable sloneization
of he fourth leg. We understand the process owA be long berm Once the
oonmWronoa of the adjacent property owner and Caltrans Is necessary to
signalize the intersection. ~ Includes a state highway. We are prepared to
work with the City of Now;mW Beach to make the signslinfan became a reality.
I would sarva as the coriled for the City of Newport Beach In working mM
Random Inwoom an this ~ i can be reached at (949) 842-5195 or
(optional) (714) 367-5775.
Sincerely,
61vvv�
Patrick Connors
Vice President. Operations
Random Interactive
,7oO
EXHIBIT 8
EXISTING PARKING
LEASE AGREEMENT
'79
949 - 642 -3416 _ P.
tiov 05 03 0S:32p__ NED MCCUNE
PIKE 01
Parking Lot Lease
This Lease is between Magnets Mile Compatry, hereinafter "lei � and Taylor-
F:kwgokt, Lo, hereinafter "l essee," dba Josh SloouW rl Restaurant.
1. Premises. Lessor lames to Lessee, upon the reams and conditions shed Martin, a
pordoo of the perking lot located behind the building at 2700 West Coast H*ltway,
Newport Beach, Caldbruis. consistiatg of twenty six t>arlfmg spaces loce"d farthest from
the btr lding and farthest from the busier stares, as shown on Exhibit A. attached hereto
and incorporated by refaremee into this Lame. If MY of the spaces shown in Exhibit Aare
occupied, then Lessee shall use rho nearest tmooatpied space.
2. Use. lessee may use the Premises every day of the year fiom 6 P.M. to 2 A.M. the
foliowing morning for valet padding of custamer's cars only. Neither Lessee's otopioyees
nor its customers who park their own cars may use fie Premises. Lessee's possession of
the Premises ends every morning at 2 A.M. All can left on the Paernises after that time
are subject to being towed away at Lessor's discrcdon. Lessee understands that certain
peak selling seasons such as f_hrisunas mw create parking demand that overtax the
Premises, The inabt'b'ty of Lessor to pntvide all the spaces leased hereunder at soh times
will tot be a breach ofthris L ease. Lessoe tmdamuruis that duringthe Christmas Boat
Pe rade, held annually $arn December 17 to December 23, his premises will be reduced
to sixteen parking spaces. Lessee egreas to restrict his use of the promises to such
purposes and to such times m ate designated hastin. Faihae to do so shall be a breach of
this L ease. Lessee agrees not to use the Premises in guy manor that will increaw the
risks cwnitd by Ltswr's instvamoe on the building where the Premises are located so as
to increase Lessor's Tate of ins mance or to cause camcelhation of any ittsmamce policy
covering the building.
3. Tenn. The term of this Lease shall be from Ludy 1, 2001 to December 31, 2004.
4. Rent. Lessee agrees to pay Lessor one thousand three hundred dollars ($1,300.01)) per
month on the first day of each month during the tam of this Lease. Payotrats shall be
mailed to Lessor at his notice address.
5. Security Depna;L Lessec agrees to pay lessor $h,30o.00 security deposit upon
execuld n of tads Lease.
6. Liability insurance. Lessee agrees to obtain pub& liability insurance, at Lessee's
expense, adequate to protect Lessor against liability for damage claims arising out of
Lessee's use oftht Premises, in a minimum amount of 51,000.000.00 for wry one
accident, combined dude limit. Such insurance shall be subject to approval of Lessor, .
approval ant to be unreasonably withheld. The hmmance shall be maintained during the
Cali Term of this Lease. Such inarm cc shall mate Lessor as cwwured. Copies of
certificates of itswrance shall be provided Lessor upon request. Lessee agrees to obtain a
RECEIVED BY
PLANNING DEPARTMENT
CITY CAF �IFnArD
wv p 2003 ?M
�M
7 19Il q lY y 131y tb 1314Isis
IS
1?U
Nov 05 03 08:32P_-
949 -642 -3416
P.3
PAGE 02
to Lessor in wtlttng at least thirty days pry to
written obligation from any insurer toti£y
cancellariat of refusal to renew any such policies.
7. Assignment, Sublease. No assigrmre or sublease ofthis Lease can be made.whout
the prior written oonsom of Lessor. Ant wry assigument or sublease made without Ow prior
written consent of Lessor is void and shall w1amate this Lease, at Laswes apdon.
Lessor's consent to one assignment or sublease shall tot be considered a consent to any
subsequent assignment of sublease. I.eaaoa's intetsar in this Lease is not assignable by
opmadoo of law.
S. Waiver of Cl aims. Lessee waives all claims against Loeser, its ageaht and emPIOYMS
for darnagcs of any kind to any pawn or to property of Lessee, its employees, customers,
and invitees arising out of Leasex's use or occupancy of 1114, Premises.
9. Nonliabitity of Lessor. Lessee agrees to indemnify Lessor and hold him harmless
from all liability, loss, damage, claims, obtigadans, oosts, lees gad other wrpenses arising
out of injury to persons, inetudiog Lessee and his agents, employees and cuswmats, or for
propery damage, in or around the Premises, arising out of LessWs use and omgxr sey of
the Premises.
10. Remedies on Breach. If Lessee breaches this Lease, Lessor shall have all rights Lard
remedies provided by law. It is specifically agreed that upon breach, Lessor may
terminate this Lease by giving written tike to Lessee.
11. Eminent domain. Eminent domain pmoeadhigs resulting in the coadmmatiort of a
Part of the puking lot of which the Premises are a part will terminate this Lease at
Lessor's option
12. t.essee agrees that he will not construct m place or permit to be oonsmmcted or placed
signs or other structures on the Premises without Lessor's written txrasent.
13. Attorney's fees. If any action is filed to enforce any covenant of this Lase, or for
breach of any covenant herein, the losing party shall pay the reasonable attorney fees of
rite prevailing parry.
14. Lrnsor's waiver. Lessor's waiver of breach of ours twsi, covenant or condition of this
Leese is not a waiver of breach of others nor of subsequent breach of the one waived.
Lessor's a0ceptaoce ofrent installments after breach is rot a waiver of breach except of
the breach of the covenant to pay the rant insmlbnera or installments accepted.
15. Bolding over. In can Lessee holds over aura the term of this Lease, with the consent
of Lessor, such tenaney shill be from month to month ordY, subject to all the terms and
conditions of this Lease.
I6. Time. Time is of the essence of this Lease.
OR
S49-642-3416 P•4
Nov 05 03 08:33P NED MCGUNE PAGE 93
17. insolvency or bankruptcy. L.essm'3 general assignment for benefit of Creditors, .
appoinmirnt of arecaiver (except a receiver appointed at L.essoi's request), or Lessee's
insolvency or taking of suffering action under the sw&mptcy Act is a breach of this
Lease.
18. Subordination. This Lease is subject and subordinate to any mortgage or deed of
trust now on or that may ha fler be placed on the property of which the Premises are s
Pam
19. Successors in interest. Subject to the provisims zegaiding assignment anti mbkase,
this Lease shall apply to and bind the heirs, somessois, execawss, adniinist cm and
assigns of the pwacs. All parties shall be joivtly and severally Liable.
20. Notice. AR notices given pertaining to this Lease shall be in writing and delivered
pmonaily or by United States mail, postage prepaid, addressed as follows:
Lessen: Mariners Mile Co., c/o Ned McCune, 424 East 16di St., Cogs Mesa, CA.
92627.
L.essec: Taylor- Fincgold Inc., do Douglas McAlllster, Josh Slocum's ReaantraoL
2601 West Coast Highway, Newport Beach, CA. 92663.
Either address may be changed by the addressee by giving written notice to Ate --
other.pasty.
21, Cancellation, Lessee may cancel this Lease by giving Lessor 30 days written notice
and paying, in addition to the rem owed, $7,800.
22. Parking lot guard. Lessee agrees to reimburse Lessor one -half of the rash expense of
maintaining a guard or guards on the parking k t during the Christmas Boat Paradc. The
expense shall not exceed 126 hews multiplied by the usual cost per boor of guard savior.
Reimbursement shell be due with the next not tnstallmem a#ter presentation of the bill by
Lessor.
23. Written .Arnendnient. This Lease nary be amended o* in writing and no oral
ametedacut shall affect the terms of this Lease.
24. Entire agreemeat. This written Lease is Vie entire agreement between the partial.
There are no other agrtxments not contained herein.
Dated: /2t
8�-
EXHIBIT 9
ADDITIONAL 4 SPACES
FOR DINNER HOURS
S3
Mar 31 04 04:49P
949- 642-3416 P•1 _..
RECEIVED BY
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
APR 0 2 2004 PM
os
JH u s I's 71819110111112111213141516
03/31/04
To Whom It May Concern:
I have contacted the owner of the ftfan at 2700 West Coast
Highway, Newport Beach. He is to lease an additional 4
parking spaces to Josh Slocum's t, during the dinner
hours.
Sincerely,
Pat Conners
Vice President
Josh Slocum's
2601 W. Par.iir C"S" Hwy, Newport Seam, CA ep4613 ! Ifel 949 647 993E Fax 949 647 9916
M
EXHIBIT 10
PROPOSED PARKING
MANAGEMENT PLAN
E'm
RECEIVED BY
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
Parking Management Plan APR 0 2 2004 PM
Josh Slocum's Restaurant
71819110111112111213141516
Site Description
Josh Slocum's Restaurant is located at 2601 W. Coast Highway between
Newport Boulevard and Lower Newport Bay adjacent to Lido Channel in
the City of Newport Beach. Josh Slocum's consists 3,987 square feet of
building gross area that includes the restaurant area /dancing areas, the
kitchen, an office, storage and restrooms. On -site parking includes 12
standard sized spaces and one accessible/ handicapped space. Leased
parking available off -site includes 30 spaces during the traditional dinner
hours, which grows to 61 spaces after 9 p.m. Access to the restaurant
site is taken from W. Coast Highway at the intersection with Tustin
Avenue. The access driveway is shared with an adjacent property that
includes a business and a residence. The business is not operated during
the restaurant hours.
Methodology
Josh Slocum's operates as a restaurant and supper club, offering
recorded music and a Disk Jockey later in the evening. The use permit
application proposes to add live music one night per week. While Josh
Slocum's offers a full dinner menu during its entire hours of operation, the
traditional dinner hours occur from 5 p.m. to 9 p. m. in the evening when
the entertainment begins. The entertainment continues until 1:45 a.m.
each night. The restaurant site includes 12 standard parking spaces and
one accessible space. Additional parking spaces are available at
Peterglen Sky and Sports across the street at 2700 W. Coast Highway.
There are 30 available parking spaces before 9:00 p.m., increasing to 61
after 9:00 p.m. Josh Slocum's operates a valet parking service during its
hours of operation to maximize the efficiency of its available parking.
Field observations were conducted on Friday and Saturday evening
February 27 and 28 to develop a better understanding of the flow of traffic
into the restaurant over the course of its busiest evenings.
Circulation and Parking:
The existing valet parking operation handled the majority of restaurant
patrons arriving and departing during the hours of operation. During the
traditional dinner hours from 5 p.m. to 9 p.m., there is a fairly even flow of
patrons into and out of the restaurant parking area over the course of four
hours. From 9 p.m. to 1:45 a.m., there is a more discernable pattern of
peak hours in the valet operation. Typically, more cars are entering the
restaurant parking facilities between 9:00 and 11:30 p.m. and more cars
are exiting after 11:30 p.m.
Additionally, field observations indicated there was a considerable amount
of pedestrian traffic into Josh Slocum's. People walked from adjacent
restaurants as well as on- street parking spaces located on W. Coast
Highway, Tustin Avenue and Avon Street. Additionally, some people
parked at a municipal lot that is located east of the restaurant across W.
Coast Highway on Park Place. Pedestrian customers approached the
restaurant from both directions of W. Coast Highway as well as using the
protected pedestrian crossing signal at Tustin Avenue and W. Coast
Highway.
Access to the restaurant's on -site parking facilities is through a 28 -foot
wide driveway that leads into the restaurant parking drive aisle as well as
a driveway into the adjacent property. The opportunity to add an
a
additional driveway is precluded by the width of the lot and the existing
traffic signal and equipment located adjacent to the access driveway.
There is also an accessible curb cut at the traffic signal and crosswalk to
accommodate people with mobility challenges.
The proposed parking management plan was developed to better utilize
parking available for restaurant operations, minimize stacking of vehicles
onto W. Coast Highway, and significantly reduce the number of valet
personnel crossing at the pedestrian - protected crossing at W. Coast
Highway and Tustin Avenue.
The valet parking operation will be structured to move cars quickly through
the restaurant parking lot and across W. Coast Highway to the satellite
parking lot. There will be four valets who will be deployed at either the
restaurant or the satellite parking lot, depending on the time of the
evening. For example, while one valet will be stationed in the satellite lot
at all times, that will increase to three later in the evening when the peak
increase in departing cars occurs. Earlier in the evening, more valets will
be at the restaurant site to move cars quickly across W. Coast Highway to
the satellite valet lot, minimizing stacking onto W. Coast Highway. Keys
will be maintained primarily at the satellite valet lot.
Additionally, cars will be parked first in the satellite valet lot across W.
Coast Highway. This ensures that valets will have ample room to
maneuver patron's vehicles at the restaurant site to move them across W.
Coast Highway in order to keep space open for further arriving vehicles.
This also will help avoid stacking problems on W. Coast Highway at Josh
Slocum's entrance. During the evening, as cars are retrieved from the
satellite lots, cars will be moved from the restaurant lot across the street to
open spaces in the satellite lot on an as available basis to maximize use of
1
the satellite lot and reduce the number of valet personnel crossing the
highway.
The table below illustrates how valets would be deployed to maximize the
efficiency of parking facilities connected to Josh Slocum's Restaurant:
Location
5 to 9 P.M.
9 to 11:30 p.m.
11:30 to 1:45 a.m.
Restaurant
2 Valets
3 Valets
1 Valet
Satellite Lot
2 Valets
1 Valet
3 Valets
Keys will be maintained in the lot where each vehicle is parked to insure
rapid retrieval of the vehicle when customers leave the restaurant. Valets
will communicate via radio phones to call up vehicles from the satellite lot.
The proposed valet parking plan will efficiently maximize use of parking
facilities available for Josh Slocum's Restaurant. Utilization of the satellite
parking facilities on a first -in basis assures that cars can be moved quickly
from the restaurant, maintaining a flow through the valet operation that will
avoid back -ups onto W. Coast Highway. Additionally, stationing more
valets at the satellite lot during later hours will significantly reduce valet
personnel crossing at the protected pedestrian signal at Tustin Avenue
and W. Coast Highway.
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MARTIN B. WEINBERG
ELAINE JOSEPH WEINSERO
LAW OFFICES OF
WEINBERG AND WEINBERG
A LAW PARTNERSHIP
19200 VON BARMAN AVENUE
SUITE 380
IRVINE, CALIFORNIA 92612
Rosalinh M. Ung
Associate, Planning Dept.
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
Re: Conditional Use Permit
Dear Rosalinh:
January 29, 2004
TELEPHONE 19491 474 -9200
TELECOPIER 19491 474 -9024
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
A AIyA JAN Is 0 2oaa
711319110111112111213141S5 g
It was a pleasure to have met with you recently and'discuss the matter of the property operated on
Pacific Coast Highway; commonly known as "Josh Slocuin'si"
As I explained to you, we and our neighbors have been the subjects of music'disturbance emanating
from that restaurant. We have reported it several times a week for many months.
As recently as 6 month ago, I personally went over during their business hours, appeared at the DJ's
location, and could see that the floor board was not closed, but open, so the sound could come
through the open place in the floor board to be heard in the front of the property where there were
customers.
Over the past 18 months, I have regularly called the Newport Beach Police Dept., speaking to the
Dispatch Officer who would send an officer out to the place of business, and ask them to lower the
volume.
After the Newport Beach Police Dept, required the restaurant to comply with the noise regulations,
a half hour later they would start again with noise in excess of the decibel level permitted by the
City.
We live at 100 Via Lido Nord on Lido Isle and we were disturbed by excessive noise a few years
ago from Joe's Crab Shack. As a result of the Planning Commission's determination, Joe's Crab
Shack put triple pane glass in their windows, so that no noise would come from the restaurant.
That has worked perfectly and we have not heard any noise from Joe's Crab Shack.
On three different occasions Police Officers have come to our house to hear the music and they
shake their heads and say that they are powerless other than to fine and warn the owners. In talking
1z
Rosalinh M. Ung
City of Newport Beach
January 29, 2004
Page 3
to the neighbors on each side of us, unfortunately one is an occasional occupant, Timothy Mullahey
at 104 Via Lido Nord. However, I spoke to his sister who confirmed that he has complained to her
about the excessive noise, and 101 Via Lido Soud is virtually unoccupied. Mr. and Mrs. Baker who
live at 108 Via Lido Nord are willing to testify to this excessive noise. This is acquiring the
description of a public nuisance.
As to their application seeking a Conditional Use Permit, no permit should be granted that would
allow them to play any music in excess of the decibel level that is allowed by law.
I would appreciate an opportunity to talk further with you about this. This has been going on for
several years and upsetting to my wife and me when around 11:30 or 12:00pm midnight we have to
call the police in order to get them to quiet down.
Now is a time for the owners and operators of the properties to adhere to the law. Enforcement
should be guaranteed by a construction barrier required, blocking noise emanating from within.
Yours truly,
Rte.
MARTIN B. WEINBERG
MBW:ms
cc: Mr. & Mrs. Bob Baker
,W. Timothy Mullahey
M
MARTIN B. WEINBERG
ELAINE JOSEPH WEINBERG
,�
LAW ORFICES OF
WEINBERG AND WEINBERG
A LAW PARTNERSHIP
19200 VON HARMAN AVENUE
SUITE 380
IRVINE, CALIFORNIA 92612
Rosalinh M. Ung
Associate, Planning Dept.
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
Re: Conditional Use Permit
Dear Rosalinh:
March 8, 2004
r."
TELEPHONE 1949) 474 -8200
TELECOPIER (949) 474 -8024
Thank you for taking the time to have a discussion with me at your office regarding
the application by Josh Slocum's restaurant.
We would like to confirm that you will notify Elaine and me at 100 Via Lido Nord,
Newport Beach, as to the date when the matter will be heard by the Planning
Commission, and you will also give notice to the residents at 104, 106, 108, 112 and
116 Via Lido Nord, Newport Beach.
Again, thank you for your time regarding this matter.
Yours truly,
Ak�ln G�
MARTIN B. WEINBERG
MBW:ms RECEIVED BY
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
MAR 1 0 2004 PM
7I8�10 1l l X12 1l 1213141516
MARTIN B. WEINBERG
ELAINE JOSEPH WEINBERG
LAW OFn ie3 OF
WEINBERG AND WEINBERG
A LAW PARTNERSHIP
19200 VON I(ARMAN AVENUE
SUITE 300
IRVINE, CALIFORNIA 92652
April 13, 2004
Rosalinh M. Ung
Associate, Planning Dept.
City of Newport Beach
P.Q. Box 1768
NewporfBeach, CA 92658 -8915
Dear Rosalinh:
TELEPHONE (949) 474 -8200
TELECOPIER 49491 474 -8024
PLANNING DEPART
CITY OF NEWPORT BEACH
APR 15 2004
7181911011111.211 12131q,gPM
Enclosed are some of the times that I recall calling the Newport Beach Police Dept. regarding
excessive noise emanating from Josh Slocum's Restaurant, Most of the calls made were between
11:45pm and 12:30am this year.
2/2 12:20am to Dispatcher Wendy and
2/3 12:00pm to Dispatcher Koudelke
2/5 12:10am to Dispatcher Wendy
2/6 12: loam to Dispatcher Koudelke
2/7 11:45pm - Officer Julie, Badge 942
3/5 unknown - Officer Badge #4
3/8 4:00pm - Officer Badge #1237
3/11 12 :00pm - Officer Badge #738
3/17 11:30pm - Officer Badge #818
4/1 11:45pm - unknown
4/9 12:30am - Officer Badge #1216
4/12 12:30am - Officer Badge #1002
There were many other times the Newport Beach Police Dept. were called for the same reason, but
it became routine and therefore not all calls were recorded.
Yours truly,
MARTIN B. WEINBERG
MBW:ms
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THE ELEVEN TEN BUILDINq
1110 EAST GREEN STREET
PASADENA, CALIFORNIA 91106 -2514
LAW OFFICES OF
ROBERT L. BAKER
April 3, 2004
Rosalinh Ung
Associate Planner
City of Newport
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, California 92663 -3884
TELEPHONE: (626) 795 -1488
TELECOPIER: (949) 673 -1488
E -MAIL: SKRLAW @ADELPHIA.NET
RECEIVED BY
PLANNING DEPARTMENT
CITY OF NEWPORT BEACH
APR 1 �$ 2004
71819110111112111213141s1s
Re: Proposed Application For
Random Interactive, Inc. (Josh Slocum's)
Our File Number: 3487 -04
Dear Ms. Ung:
It is our understanding that there has been a application to create a
night club in Josh Slocum's, which is located directly across the bay
from our residence. We live at 108 Via Lido Nord and we are extremely
concerned about the excessive noise and disturbance that we anticipate
will be forthcoming from the proposed nightclub.
We are opposed to a nightclub being located across the bay and to
allowing live entertainment and dancing, since noise travels across
the water at close to full volume. We request that the application be
denied, however if a conditional use permit allowing for additional
music and /or dancing is granted, we request that it will be met with
stringent requirements.
Thank you for your anticipated cooperation.
Very truly yours,
r�,�
ROBERT L. BAKER
RLB:bs
Cc: Martin Weinberg
�7
April 16, 2004
Rosalinh M. Ung
Associate, Planning Dept
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
Re: Conditional Use Permit
Dear Ms. Ung:
NG DEPARTMENT
CITY PANNI
CITY OF NEWPORT BEACH
AM APR 21 2004
718,9,10,1111211121314,56
I live at 104 Via Lido Nord on Lido Isle and it has come to my
attention that there will be a Conditional Use Permit hearing in April
regarding Josh Slocum's on Pacific Cost Highway.
I have personally heard the excessive noise coming from Josh
Slocum's and would hope it would be stopped and at least reduced.
I strongly oppose the granting of a Conditional Use Permit that would
allow them to play any music in excess of the decibel level that is
allowed by the City and extending the times they can play music.
104 Via Lido Nord
Newport Beach, CA 92366
714 - 501 -0893 cell
W
Lido isle
i3 community
association
701 VIA LIDO SOW. LIDO BE • NEWPORT BEACH, CA 92663
TELEPHONE: (949) 673.6170 • FAX: (949) 6738827
April 19, 2004
Mr. Michael Toerge
Planning Commission
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
RE: PUBLIC HEARING -USE PERMIT NO, 2003-036
JOSH SLOCUM'S DINNER & SUPPER CLUB
Dear Mr. Torege:
The Bold of Directors of the Lido Isle Community Association asks that you consider
this written.: opposition to the application of Josh Slocum's, Use Permit No. 2003 -036.
Granting such a, request for increased occupancy, live entertainment and dancing, and
modification of minimum parking requirement for on and off -site will create additional
noise, parking and disturbance issues and would be a great disservice to the community.
Once again, the Lido Isle Community Association strongly opposes granting this request.
Thank you in advance for considering the concerns and wishes of the Lido Isle
community.
Sincerely,
ON BEHALF OF THE LIDO ISLE
Z OF D TO s.
Association Administrator
Cc Mayor Tod: A Ridgeway .
Homer Bludau, City Manager..
a non - profit cooperative organization of aA Ado isle property owners
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