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HomeMy WebLinkAbout13 - Shore House CafeCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 November 25, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Fern Nueno, Assistant Planner (949) 644 -3227, fnueno @city.newport- beach.ca.us SUBJECT: Shore House Cafe Appeal 801 East Balboa Boulevard Use Permit No. 2008 -045 (PA2008 -123) APPLICANT/ APPELLANT: Shore House Cafe, Inc. ISSUE: Should the. City Council approve, modify, or disapprove Use Permit No. 2008 -045? RECOMMENDATION: 1) Conduct a de novo public hearing; and 2) Deny the appeal and uphold and affirm the decision of the Planning Commission to deny Use Permit No. 2008 -045. INTRODUCTION: Proiect Settina and Description The subject property is a 15,400- square -foot lot located on the Balboa Peninsula at the southeast corner of Main Street and East Balboa Boulevard. The site is developed with a 4,500= square - foot, one -story building and a surface parking lot with 22 parking spaces... The site is located in a Retail Service Commercial area of the Central Balboa Specific Plan (SP -8). The application is for a use permit (UP2008 -045) for an existing full - service restaurant to allow 1) conversion of approximately 93 square feet of storage area .into net public area; 2) live entertainment on Fridays and Saturdays; 3) operation of an alcoholic beverage outlet under the provisions of the Alcoholic Beverage Ordinance (ABO); 4) parking waiver. Shore House Cafe Appeal November 25, 2008 Page 2 DISCUSSION: The Appeal The applicant requests that the City Council reverse the Planning Commission's denial of the proposed Use Permit. Analysis The Planning Commission held a public hearing on Use Permit No. 2008 -045 on October 9, 2008, and unanimously voted to deny the application. The Planning Commission determined that the parking waiver conflicted with Coastal Land Use Plan policies because it would impact public parking available for coastal access. This determination was supported by the Public Works Department, which recommended denial of the parking Waiver due to parking shortages on the Peninsula during the busy summer months. Without the parking waiver, the increase in the net public area and the intensification of the land use resulting from the addition of live entertainment could not be supported. .Furthermore, the Newport Beach Police Department recommended against the addition of live entertainment due to past code violations. Therefore, the Planning Commission denied the request for the expansion and for live entertainment. Environmental Review: This project qualifies for an exemption from environmental review pursuant to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which exempts minor alterations to existing facilities. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property, and posted at the site a minimum of ten 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. Alternatives: Should the City Council grant the appeal and reverse the decision of the Planning Commission by approving Use Permit No. 2007 -027, staff will prepare a draft resolution with findings and conditions of approval for adoption at the next City Council meeting. Z Prepared by: Fern Nueno, Assistant Planner Attachments: Shore House Cafe Appeal November 25, 2008 Page 3 Submitted by: David Lepo, Plar&fg Director A. October 9, 2008, Planning Commission Staff Report B. October 9, 2008, Planning Commission Meeting Minutes C. October 9, 2008, Correspondence to the Planning Commission D. Application to Appeal Decision of the Planning Commission E. Project Plans F. Draft Resolution R Attachment A 4 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 9, 2008 Meeting Agenda Item 2 SUBJECT: Shore House Cafe, Inc. (PA2008 -123) 801 East Balboa Boulevard • Use Permit No. 2008 -045 APPLICANT: Shore House Cafe, Inc. PLANNER: Fern Nueno, Assistant Planner (949) 644 -3227, fnueno @city.newport- beach.ca.us PROJECT SUMMARY The applicant requests a use permit for an existing restaurant in order to convert approximately 93 square feet of storage area into net public (customer serving) area. The request also includes a parking waiver, the addition of live entertainment, and operation of an alcoholic beverage outlet under the provisions of the Alcoholic Beverage Ordinance (ABO). RECOMMENDATION Staff recommends that the Planning Commission deny without prejudice Use Permit No. 2008 -045, subject to the findings for denial included within the attached draft resolution. S �,;: ,; �> " r` Shore House Cafe October 9, 2008 Page 3 INTRODUCTION Project Setting The subject property is a 15,400 - square -foot lot located on the Balboa Peninsula at the southeast comer of Main Street and East Balboa Boulevard. The site is developed with a 4,500 - square -foot, one -story building and a surface parking lot with 22 parking spaces. The site is located in a Retail Service Commercial area of the Central Balboa Specific Plan (SP -8). Project Description The applicant requests approval of a use permit for an existing full -service restaurant that would accommodate the following: 1) Conversion of approximately 93 square feet of storage area into net public area; and 2) Parking waiver, and 3) Live.entertainment on Fridays and Saturdays; and 4) Operation of an alcoholic beverage outlet. l3�around The existing restaurant is a nonconforming use. When the restaurant was originally established; a use permit was not required; however, the current zoning regulations for the. SP -8 District require approval of a use permit for eating and drinking establishments and for alcoholic beverage outlets. On May 19, 1998, the Planning Director conditionally approved Outdoor Dining Permit No. 50 (Exhibit 3) permitting a 215- square -foot patio dining area. The Planning Director approved the Outdoor Dining Permit because it complied with the Accessory Outdoor Dining "regulations (i.e., the area devoted to outdoor dining does not exceed 25 percent Of the existing interior net public area of the establishment and is accessory to any indoor dining). DISCUSSION Analysis The conversion of 93 square feet of storage area into net public area is normally a minor change in operational characteristics and can be approved by the Planning Director. However, the introduction of live entertainment with amplified music and the Shore House Cafe October 9, 2008 Page 4 parking waiver constitute a major change in the operational characteristics, which requires a use permit for the restaurant to address these issues. A substantial change in the character of operation of an alcoholic beverage outlet also requires a use permit under the provisions of the Alcoholic Beverage Ordinance ABO). Land Use and Zoning Consistency The project site is designated as Mixed Use Vertical (MU-V) by the Land Use Element of the General Plan and the Coastal Land Use Plan (CLUP). The proposed project is consistent with the MU -V land use category, which is intended to provide for the development of properties for mixed -use structures that vertically integrate housing with retail uses including restaurant uses. The site is designated as Retail Service Commercial land use within the Central Balboa Specific Plan Zoning District (SP -8). Eating and drinking establishments are permitted within this district subject to the approval of a use permit. Live Entertainment The applicant requests, dive entertainment with amplified music on Fridays and Saturdays. during the hours that the City deems appropriate. This constitutes a major change Irl the - operational characteristics, which requires a use permit. A live I ntertainment permit issued by the City Manager is also required per Chapter 5.28 of the Newport Beach Municipal Code. The applicant has been offering live entertainment without the benefit of a use permit or alive entertainment permit. On June 14, 2008 and July 12, 2008, the City of Newport Beach Police ;Department .(NBPD) notified the applicant to cease until such approval Was granted. Subsequently, the applicant applied for a live entertainment permit with the City Manager, but was`denied on July 28, 2008 because a use permit had not been approved by the Planning. Commission. The applicant has continued with live entertainment in .violation of the Municipal Code. The NBPD does not support the issuance of a live entertainment permit based on the following information obtained by investigators in the Detective Division and the officers in the Patrol Division: 1) The operational characteristics have changed substantively on weekends and are consistent with those of a nightclub and without the requisite use permit and live entertainment permit; and 2) Shore House Cafe has been operating as a night club on Friday and Saturday nights, including DJ's playing music and karaoke; and 3) Shore House Cafe continues to be operated illegally as a nightclub on weekends despite warnings by the NBPD to cease the live entertainment; and N Shore House Cafe October 9, 2008 Page 5 4) As recently as July 19, 2008, a DJ was playing extremely loud amplified music, exceeded the maximum occupancy, and aisles were blocked causing a hazard. The noise problems, over crowding, alcohol- related incidents, and various unauthorized live entertainment - related events observed by the NBPD warrant the denial of this portion of the application. These problems are exasperated by the restaurant's close proximity to residential uses. Parking Waiver The number of required off - street parking spaces is based on the amount of "net public area." Net public area is the total area used to serve customers and includes customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas, but does not include restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. The applicant is proposing to convert 93 square feet of storage space into a dining area. With the proposed 93- square -foot addition, the restaurant would have 3,593 square feet of net public area. The Central Balboa Specific Plan parking requirement for eating and drinking establishments is 1 space per 50 square feet of net public area, or 72 parking spaces for the proposed. project. The parking requirement for an eating and drinking.establishment with live entertainment is 1 space per 35 square feet of net public area, requiring 103 parking spaces. The project site currently provides 22 parking spaces on -site and cannot accommodate additional spaces. The proposed increase in net public area would result in a parking deficit of 50 spaces without live entertainment and 81 spaces with live entertainment. In order to approve the proposed increase in net public area and /or to permit live entertainment, a parking waiver is required. A use permit may be approved by the Planning Commission to modify or waive the number of required off - street parking if one or more of the following conditions are met: 1) A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites; or 2) The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously; or Restaurant Use With Live Entertainment Parking 1 per 50 feet of net public area 1 per 35 feet of net public area Requirement Parking Spaces 72 103 Required Parking Deficit 50 81 In order to approve the proposed increase in net public area and /or to permit live entertainment, a parking waiver is required. A use permit may be approved by the Planning Commission to modify or waive the number of required off - street parking if one or more of the following conditions are met: 1) A municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites; or 2) The site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously; or Shore House Cafe October 9, 2008 Page 6 3) A parking management plan for the site has been approved by the Planning Commission; or 4) The Planning Commission makes the following findings: a) The parking demand will be less than the Zoning Code requirement. b) The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. A waiver based on the first condition is the only feasible option for this site. A municipal lot is located at the Balboa Pier, which is within 300 feet of the restaurant. The Public Works Department denial of a parking waiver based the limited availability of parking spaces in this lot during the peak summer months. The Coastal Land Use Plan (CLUP).policies suggest denial of the parking waiver: 2.9.3 -8 .Continue to require properties with nonconforming parking to provide code - required off- street parking when new uses, alterations or additions result in increased parking demand. 2.9.3 -9 Approve no application for a modification or waiver of off- street parking requirements that are found to impact public parking available for coastal access. The project is currently nonconforming in terms of off- street parking, which impacts public parking in the area. The proposed increase in net public area and the introduction of live entertainment will increase this impact. Therefore, staff does not support the parking waiver based on the recommendation of the Public Works Department and on the conflict with CLUP policies. The City recently contracted with Walker Parking Consultants to conduct a series of studies to develop parking management strategies for six commercial areas, including Balboa Village. The goal is to develop parking management plans that will provide adequate, convenient parking for residents, guests, business patrons, and visitors. Once the parking management plan is adopted, this application may be revisited. Staff recommends that the parking waiver be denied without prejudice, thus allowing a new application for the same project to be filed within one year of the date of denial of this application. Alcoholic Beverage Ordinance The Shore. House Caf6 has an existing Type 47 On -Sale General for Bona Fide Eating Place ABC license. A use permit is required for any existing alcoholic beverage outlet when there is a substantial change in the mode or character of operation. The approval of a parking waiver and the addition of live entertainment is a substantial change that warrants a use permit for the sale of alcoholic beverages, pursuant to the Alcoholic Shore House Cafe October 9, 2008 Page 7 Beverage Ordinance. Should the Planning Commission decide to approve the Use Permit for the existing restaurant, live entertainment, and the parking waiver, then staff recommends approval of the alcoholic beverage outlet based on the factors below. Factors to Consider. Section 20.89.030.6 (Alcoholic Beverage Outlets) requires the Planning Commission to consider certain factors when making the required findings to approve the Use Permit. A discussion of these factors in support of the Use Permit is provided below. 1. Whether the use serves public convenience or necessity The purpose of the Specific Plan District #8 is to provide the Central Balboa area with commercial services for permanent residents and visitors of the area. Continuing the sale of alcoholic beverages at the existing eating establishment is a convenience to the nearby residents and visitors within the area who patronize the business. City Council "i< -7" policy grants the NBPD "the authority to make determinations of convenience and .necessity forthe sale of alcoholic beverages, and provides criteria for situations ,when. I the. public _convenience and :necessity .will. not be served by granting additional retail licenses for the sale of alcoholic beverages." The policy continues that "the public convenience and necessity will_ not be served by the approval of any new or upgraded license" if the location is within, an area where the number of crimes is at least 75 percent higher than the average,.of all reporting districts in the City. The Shore House eCafd is not within an area where the number of crimes is at least 75 percent higher than the average of all reporting districts in the City, which is congruent with the public convenience determination from City Council "K -7" policy. 2. The. crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City The NBPD has provided alcohol related statistics for the Shore House Cafe's Reporting District, Reporting District (RD) 12, for the 2007 Calendar Year. Alcohol - related statistics were also provided for RD 13 and RD 15, which are the adjacent districts to the West. RD 11 is immediately adjacent to the East, however it is not applicable for comparison purposes because it contains mostly residential properties. Reporting District Part One Crimes (Serious offenses). Part Two Crimes (All other offenses) Part One Crimes Rate (per 100,000 people) 12. 102 74 6,017.70 13 97 99 5,309.25 15 .' 326 258 11531.66 Newport Beach 2,925 3,712 3,620:05 Shore House Cafe October 9, 2008 Page 8 The location is within RD 12, wherein the number of part one crimes and the part one crime rate is greater than in the adjacent Reporting District, RD 13. The part two crimes within RD 12 are less than in RD 13. The part one crime rate in RD 12, 13, and 15 is higher than that of the City as a whole due to the high concentration of commercial uses in the Balboa Peninsula. RD 12 had a total of 228 reported crimes as compared to a City -wide reporting district average of 175 reported crimes. This reporting district had 52 more crimes and is 22.81 percent above the City -wide reporting district average. These numbers reflect crime data for the 2007 Calendar Year. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county wide average Reporting District Active ABC Licenses Per Capita License Ratio 12 35 1 license for every 48 13 5 1 license for every 365 residents 15 90 1 license for every 31 residents County-wide 4,805 1 license for every 592 residents The Shore House Cafe location is within an RD that is over the Orange County per capita average of ABC licenses. RD 13 has more residential properties than RD 12 and RD 15, which may explain the lower number of ABC licenses in the reportingAistrict As of May 1, 2003, the Orange County average active, retail ABC license was 1 license for every 592 residents. RD 12 has a higher concentration of this type of ABC kcense compared with the County average. 4. The numbers of alcohol - related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts Reporting District DUI /Drunk Arrests Total Arrests Calls for Service 12 52 117 2,172 13 55 132 2,907 15 461 831 7,322 Newport Beach 1,471 3,345 611060 These numbers reflect crime data for the 2007 Calendar Year. RD 12 has a slightly lower number of DUI/Drunk Arrests, Total Arrests, and Calls for Service recorded in 2007 compared to RD 13, and significantly lower number of DUI/Drunk Arrests, Total Arrests, and Calls for Service recorded in 2006 compared to RD 15. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools The Shore House Cafe is in a commercial area with mixed use districts adjacent to the south and west. There are no day care centers, park and recreation facilities, places of religious assembly, or schools in close proximity to the subject property. In accordance Z, Shore House Cafe October 9, 2008 Page 9 with the Alcoholic Beverage Ordinance, the Police Department has reviewed the application, and upon approval of.the Use Permit, will condition the ABC license as necessary to maintain the health, safety, and welfare of the community. Summary Staff does not support the introduction of live entertainment or the proposed parking waiver. Therefore, staff recommends denial of Use Permit No. 2008 -045. However, staff recommends that the denial be without prejudice to allow the applicant the ability to apply again within one year, should the parking situation change with the adoption of a parking management plan for Balboa Village. Denial of the Use Permit will mean that the existing restaurant will continue as a nonconforming use with nonconforming parking. The restaurant can continue to operate, but cannot be expanded, increased or intensified.. Alternatives The Planning Commission may also approve any portion of the application, including, A use permit for the existing restaurant, including its operation as an alcoholic beverage outlet under the provisions of the Alcoholic Beverage Ordinance. 2. Conversion of approximately 93 square feet of storage area into net public area, if a parking waiver is approved. a. A parking waiver for 50 spaces for the restaurant without live entertainment. b. A parking waiver for 81 parking spaces for the restaurant with live entertainment. 3. The introduction of live entertainment. Environmental Review This project qualifies for an exemption from environmental review pursuant to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which exempts minor alterations to existing facilities. The existing building will remain with no additional square footage. The scope of the physical construction is limited to minor interior alterations. The existing eating and drinking establishment use will continue. The number of parking spaces provided and the type of ABC license will remain unchanged. The introduction of live entertainment will be limited to two evenings a week, so any changes in operational characteristics are negligible. 13 Shore House Cafe October 9, 2008 Page 10 Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 fleet of the property, and posted at the site a minimum of ten days in advance of this hearing, consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: i Fern Nue o, Assistant Planner Submitted by: /11_ EXHIBITS (in the order they are referenced within the report) 1. Draft resolution 2. Project plans 3. Outdoor Dining Permit No. 50 approval letter 1WnbldabW&=PLNLS WV0PA's1PAs- 20WAWW- 1231UP2Wff- 5rytdot 19, Attachment B 15 CITY OF NEWPORT BEACH Planning Commission Minutes October 9, 2008 Regular Meeting - 6:30 p.m. f� INDEX, OLL CALL Z:ommissioners Eaton, Unsworth, Hawkins, Peofter, McDaniel, Toerge an Hillgren - all present TAFF PRESENT: avid Lepo, Planning Director aron Harp, Assistant City Attorney ony Brine, Transportation/Development Services Manager atri& Atford, Planning Manager ern Nueno, Assistant Planner aylene Olson, Department Assistant PUBLIC COMMENTS: PUBLIC COMMENTS None LISTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on October 3, 2008. HEARING ITEMS ITEM NO. 1 OBJECT: MINUTES of the regular meeting of August 21, 2008. Approved Motion was made by Commissioner Hawkins and seconded by Commissioner Toerge to approve the minutes as corrected. Ayes: Eaton, Unsworth, Hawkins, Peofter, McDaniel, Toerge and Hillgren Noes: None Excused: None OBJECT: Shore House Cafe (PA2008 -123) ITEM NO.2 801 East Balboa Boulevard PA2008 -123 Denied request for a use permit (UP2008-045) for an existing full - service restaurant t Iconversion of approximately 93 square feet of storage area into net pubti 2) live entertainment on Fridays and Saturdays: 3) operation of outlet under the provisions of the Alcoholic Beverage Ordinance f� parking waiver for the additional parking spaces that would normally be the increase in square footage. Nueno gave an overview of the staff report, noting the following: Staff recommends denial of Use Permit No. 21708 -045 without meaning the applicant is allowed to re -apply within the year. . A parking management study for Balboa Village is being conducted after completion of the study it may show a different parking situation for area. If the application is denied the applicant may continue their e) nonconforming use with the restaurant and alcohol sales, but will be ur to expand or intensify, including the proposed 93 -square-foot addition fire entertainment. esponse to questions from Commissioner McDaniel and Commissioner Eat arding the parking management study and what difference it could ma aging the parking waiver, Mr. Lepo noted the study would reflect the dems he Shore House's current usage. He did not expect any wholesale waiver conformities. The waiver would still be required for the additional two spac the proposed expansion, even if the study indicated a surplus of spaces er the additional two spaces. r.. Lepo responded to Commissioner Unsworth's concern about the prc roximity to Balboa Park by noting that was a subjective call that could be k by. the intensities of uses In the area, typical size of lots, and sepa am one.use and another use, but certainly could be another reason to is request. . Harp, at Commissioner Hawkins's inquiry, noted the applicant has no cu eating permit; therefore, they have no vested rights. In respect to nconforming use, any conditions that the Commission may propose would i be looked at Peotter requested Mr. Lepo to clarify the following: • if the Commission approves the applicant's request, it would bring nonconforming use into compliance and they could condition the project. • If the Commission denies the request, per staffs recommendation, Commission does not have the opportunity to condition the existing use there will just be enforcement issues on what is or isn't allowed. Lepo noted that is essentially correct. hael Fagundes, representative for applicant and general manager of SI ise Cafe, noted: . Submitted letters of support from Crystal Sechrist, resident; Schaefer, resident; Bob Lee, resident; and Charles Hudbrich, USPS Manager Balboa. • Requested a six month temporary license to show they are in 17 with all rules and regulations. . After six months, if they have not been in compliance, the Commission deny the applicant's request. . Is aware there is an issue with the Police Department regarding calls in area being 75 percent alcohol related; was unable to subpoena the recc in time for the meeting, but they would show 90 percent of the calls are to the Shore House. The Shore House Cafe is a bonafide restaurant trying to serve food at later hour, give the clientele an opportunity to enjoy some type entertainment, and is not operating as a cantina, bar or nightclub. Fagundes, at Commission inquiry, noted: . In no way are they operating as a nightclub, as proposed by the Poli Department; in looking at the definition of a nightclub, that characteristic unfair and unwarranted. . They open at 7 a.m. for breakfast every day, where as a nightclub at night and generally has Go-Go dancers, loud acoustic music, etc. . A live entertainment permit was denied last summer, they continued operate with live entertainment; was fined twice for operating without conditional use permit; stopped the Friday night entertainment until It hearing, but have continued Karaoke not realizing singing to a song w considered live entertainment. The live entertainment proposed would typically be Top 40s with DJ. . After the second fine, he was under the belief there was a gran clause for entertainment since the license was issued in the 1950s, the CUP's were required, and continued with the live entertainment_ . Percentage of sales, past 10 p.m., is currently 30 percent alcohol and. percent food and are working on maintaining that standard. Generally p midnight they bring the price of food down to entice patrons to order m, food and less alcohol. They serve food until 1 a.m., last call is at 1:15 a. and they close at 2 a.m. Lepo noted the Code defines cabarets and nightclubs as establishments wi principle purpose of providing live entertainment andfor dancing, ocoupyk e 20 percent of the net public area in conjunction with the serving of foc for beverages. With this definition, the Shore House Cafe would be acting as aclub on the weekend. Doug Jones, representing the Newport Beach Police Department working in Vice and Intelligence, noted: . Shore House Cafe was brought to his attention from another officer the area stating the Cafe was acting as a nightclub with live anted DJs, and large crowds, with the demographics as a younger crowd. . He contacted the City and worked with Code Enforcement to establish thel I 1g CUP and what was or wasn't permitted. • There have been several issues on the Peninsula and in the City related eating establishments acting as nightclubs at night and many times witho the proper permits. • Patrol Officer Foss has been involved with these types of issues for over year and is well versed in handling these situations. • On June 13, 2008, Officer Foss met with Mr. Fagundes, gave him professional courtesy call, pointing out the crowded aisles, Ii entertainment, serving alcohol on the patio and explained he needed to 1 the proper permits. Again on July 12, 2008, Mr. Fagundes was warn about these violations. • On July 19, 2008, Officer Foss again noted the violations and Mr. Fagund was cited by Code Enforcement. • Calls for service at this location include drunkenness, assaults, batteries criminal threats, theft reports, and unknown type trouble. • From May 2007 to April 2008, the Police had 11 calls to this location averaging 5.5 calls per 6 month period; zero arrests. • After the introduction of live entertainment and the nightclub atmosphere from May 2008 to October 7,2008, the Police had 15 calls, almost triple the average for a 6 month period; five arrests, which included two DUls, one drunk in public, and two resisting arrest. This is a substantial issue anc concern for the Police Department. • The Police Department wants to work with the Shore House Cafe so the) will be successful; however, Mr. Fagundes blatantly disregarded the Police by not working with them and by not following the rules. • If the requested permit is approved, the Police are concerned that this wil be a problem location. nmissioner McDaniel asked Detective Jones to give his opinion on why Mr lundes would continue to operate with live music, over - crowding, and provide 'aoke after being warned of.the violations, clearly aware of the violations, anc :d twice. ective Jones noted in his position and experience with working wilt ;finesses, managing operators know there is a lot of money to be made anc * can be paid and its worthwhile, business -wise, to do that. Detective Jone: sn't saying that is what Mr. Fagundes is doing, but is seems pretty clear and hr it come up with any other reason. mmissioner Unsworth noted he had a concern the more drinkinc ablishments on the end of the Peninsula would add more DUI arrests in Distric but also infiltrate all the way up the Peninsula through two more districts, thin Ling the whole Peninsula in danger. airman Peotter asked for a clarification on how the Police identified the five sts in the past 6 months as being from the Shore House Cafe versus othe IG in area. etective Jones noted when it comes to drunk in public arrests, the made through investigating, and talking to witnesses and suspects. )mmissioner Hawkins noted that staff recommended denial of the al thout prejudice, so the applicant can re-apply and wanted to know the the Police Department or Detective Jones as to that recommendation. :tective Jones answered the Police recommendation would be the same tod: in a year in that they could not support another nightclub -type atmosphere ( a Peninsula; per capita, they are inundated with this type of establishment and problematic. He also noted the issue isn't if they want to be a restaurant ar rve alcohol, thats great. The issue is the nightclub -type atmosphere, whe )ically the people are there for the live entertainment and drinking, and very fe e eating after 10 or 11 p.m. comment was opened. Baring in support for the Shore House Cafe was Joe Gutierrez, local owner of Jag Event Services, a nightlife entertainment company and for DJs, . performers, bands and acts of talent; also owner of F (sting a private marketing firm and noted: . Shore House Cafe has had ABC4ssued permits in the past, prior to CUP, foe live entertainment, alcohol service inside and outside on the F late at night and burlesque dancers. . DoesrAAhink :they are using their total capacity allowance in just one but are only utilizing the capacity for that specific room. . This establishment has been operating since the 1950s with r Karaoke, private parties, weddings, etc., and it is a major source of it for the bar and restaurant, and for the local community. . Regarding the parking waiver, there is plenty of local parking in several within walking distance. . All ages come to enjoy the Karaoke and sports N. comment closed. Peotter invited the applicant to respond to any comments made. Fagundes noted the following regarding Detective Jones's comments: . The Police did walk through and explain the violations, gave warnings, but the officer was unclear of the CUP conditions. . They were cited, but continued with the Karaoke, as he wasn't sure what definition was for live entertainment. . There are two other bars adjacent to the Shore House Cafe, one being Cabo Cantina, which was the Studio Cafe, and now serves 2 -for -1 dr during happy hour and from 10 p.m. to 2 a.m. zo • Patrons from the other bars who are intoxicated, walking by establishment, ultimately become his responsibility if they fall down in of the establishment or his door people turn them away. . Patrons from the adjacent bars do park in the Shore House Cafe's 1 lot, looking as though they had been in the establishment but had not. • Does not believe all the arrests pointed out in Detective Jones's were associated with the Shore House Cafe_ Sioner Hawkins asked Mr. Fagundes if it was his position that the ment was grandfathered in, and has been a condition or a right under ABC permit. Fagundes answered yes. From the 1950s thorough 1990s, there was a pi harp players, and music and never a requirement to get a CUP. He erstands the law, immediately applied for the license, ceased the DJ, lesse occupancy load, hired extra staff and security, and wants to comply with Toerge noted: . We need successful businesses on the Peninsula. • Shore House Cafe already has a parking waiver for 50 spaces. • What has brought attention to the establishment are the violations; if th can operate within their occupancy limits, have no issues to cau complaints, then they could probably have Karooke and continue withc effecting anyone. • Sees no community benefit in having another nightclub. • Does not support closing the restaurant and wants to see it succeed. • The Coastal Land Use Plan is very specific and read the following provisic "Continue to require properties with nonconforming parking provide co required off - street parking when new uses, alterations, or additions result increase parking demand ". The Commission can't approve the expand use because of the parking waiver request. The other requirement "Approve no application for modification or waiver of off - street park! requirements that are found to impact public parking in the coastal zone ". • He cannot support the expansion. was made by Commissioner Hawkins and seconded by Commi; to move staffs recommended resolution with the following changes: • Change to with prejudice, which means the application cannot resubmitted for a year. • On Page 2 of the resolution, under findings, strike "facts in opposition findings." Zj Section 1, under the resolved section, insert "with prejudice" "denies." mer Toerge made a substitute motion that was seconded Peotter to adopt resolution denying Use Permit No. 2008 -045 wit sioner McDaniel requested an explanation of the difference without prejudice and denying with prejudice. Harp stated there is a code requirement that says if you deny with applicant cannot re -apply for a year, denying without prejudice the resubmit an application within the year. Hawkins opposed the substitute motion. rte motion failed with a vote of 4 noes - Hawkins, Eaton, McDaniel, and 3 ayes- Unsworth, Peotter, Toerge continued on Mr. Hawkins' original motion. Lepo wanted to note the finding on Page 2 of the resolution should have said: . That the proposed location of the Use Permit and the proposed condi under which it would be operated or maintained will not be consistent the General Plan..'. . Fads in support of finding. Hawkins said he would accept that as an amendment to the motion. 'Hawkins addressed the applicant and noted he had the right to appeal NEW None NO. 3 Planning Commission committee appointments: Chairman Peotte requested this item since the Chairman position had changed and these committee appointments should be re- evaluated. At this time there are three commissioners on the GP/LCP Implementation Committee, Mr Eaton, Mr. Hawkins, and Mr. Toerge, and asked if they wished to continue to serve on the GP /LCP Implementation Committee. They answered yes. Chairman Peotter reappointed them for another year. NO.4 City Council Follow -up: Mr. Lepo noted the Megonlgal project appealed to the City Council, but was taken off the agenda for fu environmental impact review. NO. 5 Planning Commission reports: Commissioner Eaton reported GP/LCP Implementation Committee is now meeting weekly; numei differences between the proposed code and the existing code. 2Z Attachment C Z3 October 9, 2008 To: Newport Beach Planning Commission ����� CQp� From:Michael Fagundes Shorehouse Caf6 Re: Application for conditional use permit Dear Planning Commissioner, Thank you for taking the time to review our applications. My name is Michael Fagundes and I am here to represent the Shorehouse Cafe . I would like to take this time to ask you to take a look at some letters from some of our patrons and neighbors. After reviewing these letters I am asking you if Shorehouse Cafe -could be granted a temporary entertainment license, and recalender (his matter for 6 months from today. The Shorelouse Cafe feels that in this amount of time we can show that complying to all of the planning commissioners rules and regulations can be done on a permanent basis, and without fail. If this temporary license cannot be granted, as in the similar case of parks and recreation granting night time lighting for soccer due to noise disturbances, Shorehouse. Cafe is asking for this continuance on (he basis of the 24 hour time period given to review the City of Newport Beach's application request. Thank u our time and eonsideratiov, Michae a des Manager Shorehouse Cafe T zy October 8`h, 2008 City of Newport Beach ATTN: Planning Commission 3300 Newport Blvd. Newport Beach, CA 92663 Dear Planning Commissioner: I am a resident located at 806 E. Oceanfront and possibly the closest owner /resident to our local Shore House Cafe. I would like to comment on a few issues regarding the level of noise, loitering, and drunk patrons which stem from CABO CANTINA. 1 have made several calls to Newport Beach Police Dept. with ALL complaints stemming from the Cabo Cantina Bar. I spoke to the General Manager at the Shore House Cafe (Michael Fugundes) and was informed of a planning commission meeting on October 9`h, 2008 at 6:30 pm. I would like to go on the record on their behalf .... as I have NEVER had any problems with the Shore House Cafe or their patrons, and feel that they should not be punished for the problems that are created by Cabo Cantina. I. assure you that the Shore House Cafe has always been respectful of us residents and caters to a more mature crowd who resides here on the Peninsula. I hope that this letter is helpful in determining the outcome of a great restaurant on the Peninsula (Shore House Cafe) and their operating abilities to survive and cater to us residents. Respectfully, Crystal Sechrist (949) 675 -5330 October 09, 2008 City of Newport Beach City Counsel Reference: Entertainment at the Shorehouse, Balboa V Dear City Counsel, Please accept this letter on behalf of Shorehouse in Balboa. My,husband and I are in the 60 plus age group and have lived in the Balboa Peninsula area for over 20 plus years and have had many enjoyable times at the Shorehouse with. family and friends. Unlike, nuury of the establishments in the area with a younger clientel and loud music the entertainment at the Shorehouse on the week -ends has always been enjoyable and aimed at a more mature elientel. I hope that week -end entertainment at the Shorehouse will continue. Thank you for the opportunity to submit this letter: Sincerely, Monica Schaefer 1609 West Balboa Blvd. Balboa, California 92663 z--U planning commission - lnbo2 , Yahoo! Mail MaiI I Contacts Calendar Notepad Check Mail Compose 1 Find Christian Singles Folders (Add - Edit) Inbox (57) Drafts Sent Spam [Empty! Trash [Empty) Search Shortcuts My Photos My Attachments Check Mail _ Compose Page 2 of 3 What's New? Mobile Mail Options Search Mail , Search the Web Previous I Next I Back to Messages Mark as Unread I Print Delete Reply — Forward I Spam I Move... planning commission Wednesday, October 8, 2009 7:32 PM rimn. "Robert Lee"<bobleesocal(d.yahoo.com? lb: slybavisoyahoo -com Mike, I know you are having a planning meeting in the next couple of days. As a resident of the peninsula I have never had any problem with the Shore House Cafe' or their patrons and feel that you / Shore House Cafe' should not be punished for the problems that are created by the neighborhood you have. You / Shore House Cafe' has always been respectful of the residents and caters to a neighborhood crowd on the peninsula, I hope this emial is helpful in determining the outcome of restaurant on the peninsula and their operating abilites to survives on the peninsula. Best Regards, Bob Lee 949- 933 -1699 - ---------- ----- - - - - -- -- ^Delete Reply 1 Forward Spam Move.... J Previous I Next I Back to Messar6S1 ect M essage Encoding ��j I Full Headers Search Mail ] Search the Web Z.7 // �/ ...__. / �G•" '� /„"!'Pf� /2- ,i'� -%�+ � .,'^fir" � / GC - -�� ` ;� ii'� ,.'viii!; _.. �'��' --� . r , . , f G� r� % �- � '��G�u�- ���%,��- i- !r�i'�i'�.i�" .mot- '�7'�����i�%' �•�,�,. 1 /p�y9 lJ /� =r r:% t L� %" r L " 'Y' � 4 /'�/ v 7 � �j�� r � ��� � -�, n ���,� `�j� � 7� �� -' r /� J ��-� � rf - ��'�:` A Z� To Whom It May Concern: I have been involved with the Shore House Cafe ( 801 C.balboa blv. Newport Beach, CA.) for 5 years both as a patron and a participant in various activates sponsored by both the restaurant and by Michael T. Fagundes. I highly recommend the restaurant (Shore House Cafe) and Michael T. Fagundes as an outstanding participant in the Balboa businesses community. Also they have sponsored a number of community activities not only in the restaurant but also in the city of Newport Beach as well. It is it pleasure for me to recommend for any reason the Shore House Cafe and or Michael A'. Fagundes. Thank you, Sincerely Station Mgu. USpS 1 3D FILE COPY P /4a0a.- la.s Application No. CITY OF NEWPORT BEACH f,A �0o8 - 123 RECEIVED PN 4. 05 nee =r. Lr Name of Appellant jiff n or person filing: _ Lt tJ DA /U L" Phone: Address: Pf Lf3oq Regarding application of: Ste. 0'e is CPjf';�- for (Description of application filed with Planning Commission) L I'1�11- ter l/1GG1`IS'G Reasons for Appeal : _" ? Jl VA -,-JD OC- A 6l.(E5 TO QjQ,*Je, Go G���►r� �Pz9u V3 @vQ., LWLV -+j�oM 'I ;ao fiA Iz: A . H _ CLERK FOR OFFICE USE ONLY h Date Appeal filed and Administrative Fee received: Date (U 23 20 L!0 . Hearinq Date. An appeal shall be scheduled for a hearing before the City Council within sixty (60) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a. later date (NBMC Sec. 20.95.060) cc: Appellant Planning (fumish one set of mailing labels for mailing) File APPEALS: Municipal Code Sec. 20.95.050(B) Appeal Fee: $340 pursuant to Resolution No. 2006 -4 adopted on 1 -10 -06. (Deposit funds with Cashier in Account #2700 -5000) 31 CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES 3300 NEWPORT BLVD- °" EO. BOX 1768, NEWPORT BEACH, CA 92658 -8915 �crFOa +`{ RECEIVED BY: PERRYI TODAY'S DATE: 10/23/08 27005000 ZONING & SUBDIVISION F CASH PAID CHECK PAID .$.00 $340.Q CASH RECEIPT RECEIPT NUMBER: 01000090520 PAYOR: SHORE HOUSE CAFE, I REGISTER DATE: 10/24/08 TIME: 16:03:46 $340.00 --------------- - TOTAL DUE: $340.00 g. ax•+ a € a a C v bra C p C TENDERED CHANGE $340.00 $.00 uk_ i 5 3Z Attachment E 3,3 rues ,&W. PA2008-02J or UP200B,t' 801 E93T BAL OA BDUIPVpAD Share House Cato, tx. (JV —C ewmmuz vrz swa w..-r are vua All N AS FLOOR PLAN /DEMO PLAN w I F AB1 w A/ .n OM rIMRWa 6W V, wnM ISlm FY11C W'N uR Of: 4RlWl U O 7mo,pvm A2.1 REVS Ni Y -Y Mn IFACEM awa. lor HMR RRMIRLTS � w.e � N M MCT[IN I uo-mr rmn °° 2299 f i � anaowc p i-� Gal) r® BA Wt0.0. r6RRGlt Y[MI +,-- err• - -� 0 0 W -f r .n OM rIMRWa 6W V, wnM ISlm FY11C W'N uR Of: 4RlWl U O 7mo,pvm A2.1 Attachment F 3� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH UPHOLDING AND AFFIRMING THE DECISION OF THE PLANNING COMMISSION DISAPPROVING USE PERMIT NO. 2008 -045 FOR PROPERTY LOCATED AT 801 EAST BALBOA BOULEVARD (PA 2008 -123) WHEREAS, an application was filed by Linda Dulay on behalf of the Shore House Cafe, with respect to property located at 801 East Balboa Boulevard, and legally described as Lots 1, 2, 3, 4, 5, and 6 in Block 12 of Balboa Tract, as shown on a map recorded in Book 4, Page 11 of Miscellaneous Maps, in the Office of the County Recorder of Orange County, California, requesting approval of Use Permit No. 2008 -045 for an existing eating and drinking establishment to allow 1) conversion of approximately 93 square feet of storage area into net public area; 2) live entertainment on Fridays and Saturdays; 3) operation of an alcoholic beverage outlet under the provisions of the Alcoholic Beverage Ordinance (ABO); 4) parking waiver; and WHEREAS, a public hearing was held on October 9, 2008, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of the aforesaid meeting was given. The application, plans, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at this meeting; and WHEREAS, the Planning Commission disapproved the application due to conflict with Coastal Land Use Plan policies, and recommendations of the Public Works and Police Departments; and WHEREAS, Coastal Land Use Plan Policies 2.9.3 -8 and 2.9.3 -9 do not support a parking waiver for expansions to nonconforming properties that increase the parking demand and that impact public parking available for coastal access; and WHEREAS, on October 23, 2008, an application was filed to appeal the decision of the Planning Commission to the City Council; and WHEREAS, on November 25, 2008, the City Council held a noticed public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which time the appeal was considered. A notice of time, place, and purpose of the aforesaid meeting was given. The application, plans, staff report, and evidence, both written and oral, were presented to and considered by the City Council at this meeting; and WHEREAS, this project qualifies for an exemption from environmental review pursuant to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which exempts minor alterations to existing facilities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach hereby disapproves the appeal and upholds and affirms the decision of the Planning Commission to disapprove Use Permit No. 2008 -045. e2of2 This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the November 25, 2008 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 31 L; • CJ BALBOA BLVD. PUBUC WMALX ___ / 1 PADO I I I 1 I _ L __J / � rnmG P iNC Anu / J ' 1] }JTAL,�ACES J l I I I ce) � sTan — nncu �- 1 PROJECT STATISTICS I SP —B - -_r - -� E%ISDNC PATH OF ORO00 FLOOR ARE4: TRAVEL TO AREA EIOSTNG NET MOW AREA: OF REMODEL. NO FORWARD PROPOSED NET PUBLIC AREA: SLOPE OVER 5% AND NO PARlaw PROMDEG: CR065 SLOPE OVER 2S. ce) � sTan — nncu �- 1 PROJECT STATISTICS ZCfJE: SP —B LOT AREI 16,000 IF. ORO00 FLOOR ARE4: 4.600 S.F. EIOSTNG NET MOW AREA: IWO B.F, PROPOSED NET PUBLIC AREA: 03 SF. PARlaw PROMDEG: 22 SPACES. PA2008 -123 for UP2008 -045 801 FEAST BALBOA BOULEVARD Shore House Cafe, Inc. rr 'il�py�y,. HMR ARCHITECTS AIA 221 SUITE MAIN ST HUNTINGTON BEACH, CA 92648 ]14 -5336 -2009 ]14 -5336 -3669 fax ARCHITECT »%LAM J. RESEIGH PROJECT NAME SHOREHOUSE CAFE INTERIOR REMODEL 801 EAST BALBOA BLVD. NEMPORT BEA04 PAm 9/30/2006 .K9 N0. 2]116.00 c1tt /tlF SHEET NAME 511E PLAN SHEET NUMBER A1.1 0 C J • 1 muzf ARCHITECTS AIA O 221 MAIN ST. SUITE I HUNTINGTON BEACH, CA 92648 O 714 -536 -2009 ] 14- 536 -3669 fax ARCHITECT 0 WWAM J. REWE PROJECT NAME SHOREHOUSE CAFE INTERIOR REMODEL 501 EAST BAIBOA BLVD. NEWPORT BEACN OA1F: 9 /N1�2C08 .C6 N0. 2]116.00 SHEET NAME AS -BUILT FLOOR PLAN 6NEEi NNMBER AB1 r L • CWIAIOHT RENSIONS 6'_0" 99. 6. g•_5• Q RENSIM CAM 0 RENSION x oAm ]WC: Q RENSIGN W 1E: Cam: DIIJING B00'"`' REN610N BOOTHS 1 °1,9E REN9ICN OAR: 1,Pf \ / REFRIG. HMR >, soon s BAR DINT G ARCHITECTS AJA e mx Al. ]s] sr. - O / // eomRS L= 221 MAIN ST. SUITE UNTINGTON FREEZER 92648' CA C,. 3IN¢9 NEF NfdMfi 1 5/. R 5 9/9. 35 os oA. sn 1r,AG xEw oax:wc Ix xW- cacaNAxc Mt,x s /R' 114 -536 -2009 114 -53B -3669 tox Pnsmo wru. sRRS m. w. Rxlsw. gE sm oW w eRCHITECT I3' -9• 60ClNS I -- ------ - - - - -- -- -- - - - - -- - - - - -- - - - --------- - - - - -- - - - - -- - -- -- - ------------------- - - - - -- ------------------ - - - - -- - -- --------------------------------------------------------- NEW NN. 11' WN M¶1 1- lCE -- DIP) mA¢ SEC STAIR rroTEs NflY'R' N. . pl 41EEi AJ.1 93�m5 rr. WNdJRA4. - YO]0 WOMEN P.wTEO x6x1, /x'RWIw NEr.W® WPVL. PNNRY. $ 1 e °,B OM ti PATIO ANOUET ROOM J. FROX AME1C11 PROxcT NAME rss 6r SHO�HWSE 553 sr CAFE a. -s o INTERIOR 'F REMODEL MENS 801 EAST BALBOA BLVD. OFFICE " "'" NEWPORT BEACH ,0°lra P)116.N cNW rNF. 28' -3" 15' -6' tOS' -6` 1 - 1 CROSS RLOOR AREA: 5,186 S3. (EXCLUDING PATIO) NET PUBLIC AREA: 2,676 SF, (INCLW(NG PATIO) ADDED PUBLIC AREA: 93 S.F. $ SHEET NAME FLOOR PLAN FLOOR PAN o z s 1 zo SHEET NUMBER A2.1 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on November 25, 2008, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider the following application: An appeal of the Planning Commission's denial of a use permit (UP2008 -045) for an existing full- service restaurant to allow 1) conversion of approximately 93 square feet of storage area into net public area; 2) live entertainment on Fridays and Saturdays; 3) operation of an alcoholic beverage outlet; 4) parking waiver for the additional parking stalls that would normally be required for the increase in square footage. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and environmental documents maybe reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.citv.newport- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3232. Project File No.: PA2008 -123 Zone: SP -8 (RSC) General Plan: MU -V2 Location: 801 East Balboa Boulevard Applicant: Shore House Caf6, Inc. LaVonne M. Harkless, City Clerk City of Newport Beach Shore House Cafe, Inc Attention: Diana Bonadonna 520 Main Street Huntington Beach, CA 92648 w,ry�1 / ��6 }uawa6 e4� aP suas 009LS ®/.83Av tljege6 at zasllar ' / L salad e selhe; sauanbll; Balboa Village Business Bill Reseigh Improvement 221 Main Street, Suite 1 Attention: Bob Black Huntington Beach, CA 92648 PO Box 840 Balboa . CA 92661 Balboa Peninsula Point Association Rendevous Condominium Assn. Attention: Bruce Asper Attention: Karen A Daniels 1553 Miramar Drive 1000 W La Palma Avenue Newport Beach, CA 92661 Anaheim, CA 92801 T wj1.9Z9GAU3UV j ®11"?At, ) ® i t9a4S uoiPnitsul aas Teumea3laad tse3 job .� PA2.008 -123 for:UP2008 -045 801 EAST BALBOA BOULEVARD DATE OF MEETING - • i ILA Easy Peel Labels i A s See Instruction Sheet Use Avery® TEMPLATE 51600 ® !Feed Paper for Easy Peel Feature! ® aAVERY ®5160® ! 048 143 19 048 143 20 048 143 21 Alvarez Donna Separate Knoll Edward ONeill 1332 SANTIAGO DR 2248 E CAMERON AVE 20700 WELLS DR NEWPORT BEACH CA 92660 -4944 WEST COVINA CA 91 79 1 -3 32 1 WOODLAND HILLS CA 91364 -3437 048 143 24,25 048 143 27 CURDAL INVESTMENT LIMITED Gregory Dillion 3209 VIA BUENA VIS #C 7 BODEGA BAY DR LAGUNA WOODS CA 92637 -3099 CORONA DEL MAR CA 92625 -1002 048 143 33 048 145 01;320 03 Peggy Graham CTTY OF NEWPORT EaTCH 744 BANYAN CT PO BOX 1768 SAN MARCOS CA 92069 -1954 NEWP EACH CA 92658 -8915 932 160 02 932 160 03 Donald Dunkleman Gregory Jan Lean 940 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932 160 33 Richard & Wendy Rogina 613 E BALBOA BLVD #A NEWPORT BEACH CA 92 66 1 -024 1 936 520 27 Philippe & Helen Sigal 809 E BAY AVE NEWPORT BEACH CA 92661 -1319 932 16031 SAVANNA ENTERPRISES LLC 611 E BALBOA BLVD NEWPORT BEACH CA 92 66 1 -024 2 932 160 34 Adam & Stacey Ralphs 4526 RINETTI LN LA CANADA CA 91011 -3359 936 520 28,29 Whipple 20445 VIA BURGOS YORBA LINDA CA 92887 -3225 936 520 32 936 520 40,41 Frederick & S Sclafani Outreach La Victory 806 E OCEANFRONT #B PO BOX 2145 NEWPORT BEACH CA 92661 -1389 LA PUENTE CA 91746 -0145 932 16032 John & Mamie Wilcox 611 E BALBOA BLVD #A NEWPORT BEACH CA 92 66 1 -0243 936 520 26 Athena Ifarsant 230 CASITAS AVE SAN FRANCISCO CA 94127 -1604 936 520 31 Crystal Sechnist 806 E OCEANFRONT #A NEWPORT BEACH CA 9r2661-1389 Pi 91,V AF Application No. CITY OF NEWPORT BEACH fA cob -- 123 F THE 23 PIN 4. OS Name of Appellant � � I� or person fling: Li N DA DL) U �" Phone F5�7 � rF.�g I L4 Address: L pi- q L'i c� t BPf- c4� Date of Planning Commission decision: 20 Regarding application of: Stem-- Dogs, C�^ for (Description of application fled with Planning Commission) C- I�TYt r�At �� i/IGyTIS� R//e��asonns for Appeal: W 9ULP —JD � "w 1 b lJ'e ,< 00 3 � C') H+AAS%Lo,,� T6 ( t- � V1,JLV --3F�H I;Do fFr -rD I2:ocD A.rA - CLERK FOR OFFICE USE ONLY Date Appeal filed and Administrative Fee received: Date (D 1,--, 3 20 QJ . Hearing Date. An appeal shall be scheduled for a hearing before the City Council within sixty (60) days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date (NBMC Sec. 20.95.060) cc: Appellant Planning (furnish one set of mailing labels for mailing) File APPEALS: Municipal Code Sec. 20.95.050(B) Appeal Fee: $340 pursuant to Resolution No. 2006 -4 adopted on 1- 10 -06. (Deposit funds with Cashier in Account #2700 -5000) CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES CASH RECEIPT O = 3300 NEWPORT BLVD.. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 �IFp0. RECEIPT NUMBER: 01000090520 RECEIVED BY: PERRYI PAYOR: SHORE HOUSE CAFE, I TODAY'S DATE: 10/23/08 REGISTER DATE: 10/24/08 TIME: 16:03:46 27005000 ZONING & SUBDIVISION F $340.00 --------------- - TOTAL DUE: $340.00 CASH PAID CHECK PAID CHECK :NQ,,• TENDERED CHANGE $.00 $340 00,;2(100%,,; $340.00 $.00 Aw o r ?� i 1 sue. u �7> SHORE HOUSE CAFE, INC. SHORE HOUSE CAFE, INC. 520 MAIN STREET HUNTINGTON BEACH, CA 92648 (714) 374 -7814 PAY TO THE n ORDER ` l- L 1 OF: 1 BANK OF AMERICA SEAL BEACH BRANCH #0132 SEAL BEACH, CA 90740 16- 66/1220 DATE (a �' , In alp N el P�rz�. yac 1 , _moo ' AUTHORIZED SIGNATURE 111020002111 '4 1 2 20006 6_iiC 0 1 3 2 3111 1 206411' . 20002 20002 AMOUNT `o I? NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on November 25, 2008, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider the following application: An appeal of the Planning Commission's denial of a use permit (UP2008 -045) for an existing full - service restaurant to allow 1) conversion of approximately 93 square feet of storage area into net public area; 2) live entertainment on Fridays and Saturdays; 3) operation of an alcoholic beverage outlet; 4) parking waiver for the additional parking stalls that would normally be required for the increase in square footage. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and environmental documents may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.citv.newport-beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3232. Project File No.: PA2008 -123 Zone: SP -8 (RSC) General Plan: MU -V2 Location: 801 East Balboa Boulevard Applicant: Shore House Cafe, Inc. A� LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on November 25, 2008, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard; Newport Beach, California. The City Council of the City of Newport Beach will consider the following application: An appeal of the Planning Commission's denial of a use permit (UP2008 -045) for an existing full- service restaurant to allow 1) conversion of approximately 93 square feet of storage area into net public area; 2) live entertainment on Fridays and Saturdays; 3) operation of an alcoholic beverage outlet; 4) parking waiver for the additional parking stalls that would normally be required for the increase in square footage. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. if you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and environmental documents may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.city.newport- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3232. Project File No.: PA2008 -123 Zone: SP -8 (RSC) General Plan: MU -V2 Location: 801 East Balboa Boulevard Applicant: Shore House Cafe, Inc. AfUplfit, LaVonne M. Harkless, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on November 25, 2008, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider the following application: An appeal of the Planning Commission's denial of a use permit (UP2008 -045) for an existing full -service restaurant to allow 1) conversion of approximately 93 square feet of storage area into net public area; 2) live entertainment on Fridays and Saturdays; 3) operation of an alcoholic beverage outlet; 4) parking waiver for the additional parking stalls that would normally be required for the increase in square footage. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and environmental documents may be reviewed at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.city.newnort- beach.ca.us on the Monday prior to the hearing. For more information, call (949) 644 -3232. Project File No.: PA2008 -123 Zone: SP -8 (RSC) General Plan: MU -V2 Location: 801 East Balboa Boulevard Applicant: Shore House CafB, Inc. LaVonne M. Harkless, City Clerk City of Newport Beach �13 - w 25-c'v The Shore House Cafe My proposal First, I request that the current 1 public parking space per 50 square feet of net public area be increased to 1 public parking spot per 55 square feet of net public area. If that is not an option then I ask that you consider the following. if the kitchen is not part of net public area, then I believe that the 314 feet that is the bar area should be subtracted from the public net area. On that note, A.B.C. law prohibits any one person not employed and not over the age of 21 access into this area. Freeing this area, that is truly private, will provide me with 6.2 more available parking stalls and allow the 93 square feet to be used as public area (area shaded in black on page z of handout). Second, I am asking in the matter of receiving a CUP for live entertainment that we take a look at the layout of the facility (see page 3 of handout). Currently, I have a CUP for use in the patio area and banquet room with restricted use after the hours of 10 p.m. (area highlighted in yellow on page z) reducing my net public use area by So% during these hours. The back dining area (}highlighted in pink on page z) is also closed for use after 10 p.m bring my net public area to 25% of the total facility. This reduction in total usable space only occurs after 10 p.m. Live entertainment is requested to take place only on Friday and Saturday evenings after to p.m. Therefore the maximum capacity for available net public area after 10 p.m. is only 86 people. The total area used would be 30'x31' in addition to the 93 square feet mentioned above, equaling 1023 square feet. At 1 parking spot per 35 square feet for entertainment purposes this would require 30 parking spots, Shore House Cafe has more than sufficient parking spots available with a total number of 72. Michael Fagundes, Manager F 771 o /It a1M Yfh 41� Y. 1�f 11pRR LAV. p YoY NL �A a� ..m wr H��� NA O wvr err PItY1 Wpb �q. 1lfVa� RAYI r wun war ty RDL11 A/JI A2,1 ,< MW[4 MYNM 14UkGi4S mma . rE� HA MRMRCi AIA s Q YW06 � � ft v ....... . ...... .. .. ....... .... E 1lW0111 NApI .o amxs A'M bA A•S �Y IMM ft00R PLVN E— A2.1 M M41C Y44 9.6]Y um=. -T vom asz uu ..r. Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: November 15, 2008 declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 19, 2008 at Costa Mesa, California. L'I �/%- c,/( '"y-I-) Signat e RECEI\ /ED Zm8 WV 24 All 10. 22 0 rrCE OF Th "E Ci1Y CLEFK itf7y Ol' N fr S[AMJ, 7071 oI r NOTICE IS HEREBY, GIVEN that on Heyem- ber 25, 2008, at 7:00 p.m., a public hearing will be conducted in the City Councl Chambers (Building A) at 3300 Newp orl Boulevards Newport Beach, Califow ma. the City Council of the City of Newport Beach will consider the An appeal of the Plan ping Commission's deni- al of a use permit (UP2008 -045) for an ex ishng full - service res tamant to allow 1) con - v a r s i o n o f approximately 93 square feet of storage area into net public area; 2) live entertain ment on Fridays and Saturdays: 3) operation of an alcoholic beverage outlet: 4) parking waiv er for the additional parking stalls that would normally be re quired for the increase re in squa footage. This project has been determined to be cate- gorically exempt under the requirements of the California Environmen- tal Quality Act under Class 1 (Existing Facili ties). All interested parties may appear and present testimony in regard to this application. It you challenge this project in court. you may be limited to raising only those issues you or someone else raised at the public hearing (de scribed in this notice) or in written corre- spondence delivered to the City, at, or prior to, the public hearing. The agenda. staff report, and environmental dpc uments may be re- viewed at the Planning Department. City of Newport Beach, 3300 Newport Boulevard, Newport Beach. Califor- nia, 92663 or at the City of Newport Beach web site at www.dty. newport- beatb.to.us on the Monday prior to the hearing. For more information. call (949) 644 -3232. Prelett File Nos PA2008 123 Zone:SP 8(RSC) Generd Plan: MU-V2 L"rati u 801 East Balboa Boulevard Applicant: Shore House Cafe, Inc. LaVonne M. Harkness. City Clerk City of Newport Beach Published Newport Beach /Costa Mesa Daily Pilot November 15, 2008 Sa682