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HomeMy WebLinkAbout6.0 - 3-Thirty-3 Waterfront Restaurant One-Year Reviewl - PA2011-041 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 17, 2015 Meeting Agenda Item No. 6 SUBJECT: 3-Thirty-3 Waterfront Restaurant 333 Bayside Drive Conditional Use Permit No. UP2011-007(PA2011-041) APPLICANT/OPERATOR: Jeff Reuter Dennis O'Neil, Operator's Representative OWNER: 333 Bayside LLC PLANNER: Makana Nova, Associate Planner (949) 644-3249 mnova@newportbeachca.gov PROJECT SUMMARY A one-year review of operations approved under Conditional Use Permit No. UP2011-007. The Conditional Use Permit was approved on June 28, 2011, that increased the allowed hours of operation for an existing outdoor dining patio from 9:00 a.m. to 9:30 p.m., daily, to 9:00 a.m. to 1:00 a.m., daily. Four quarterly acoustical monitoring tests have been conducted over the past year in accordance with the conditions of approval. A condition of approval requires Planning Commission review the operation one-year following implementation of the extended hours. RECOMMENDATION 1) Receive public comments; and 2) Confirm the operator has complied with all required conditions of approval. 1 V� QP �P 3-Thirty-3 One Year Review Planning Commission, September 17, 2015 Page 2 VICINITY MAP 3-Thirty-3 Waterfront —+ q . Restaurant �•� NN %tea• j o� .. T � GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Recreational and Marine Commercial RecreationalRestaurant and Office Developments Commercial (CM) and Marine (CM) NORTH Recreational and Marine Bayside Village BoatLaunch & Storage Planned Boat Storage and Mobile Home Park Commercial (CM) Community(PC9) (across East Coast Highway) SOUTH Single-Unit Residential Single-Unit Residential Linda Isle Residential Neighborhood Detached RS-D R-1 EAST General Commercial CG Commercial General CG Service Station and Retail Center WEST Recreational and Marine Commercial Recreational Sol Cucina Restaurant and Commercial CM and Marine CM Commercial Parking Lot 3 3-Thirty-3 One Year Review Planning Commission, September 17, 2015 Page 3 INTRODUCTION Background The restaurant was established in 1968, prior to the City's requirement for use permit approval. In September 1988, Use Permit No. 3325 was approved by the Planning Commission to allow an increase in the restaurant occupancy and establish the required off-street parking based on net public area. Amendments to the use permit were approved by the Planning Commission in January 1992 and May 1995. Under the conditions of the existing use permit, the restaurant is allowed to operate as a full- service eating and drinking establishment with alcoholic beverage sales (Type 47 ABC license) from 9:00 a.m. to 2:00 a.m. daily. Sixty-four (64) parking spaces are required during evenings and weekends. In June 2007, the Planning Commission granted approval of Accessory Outdoor Dining Permit No. 2007-001. The outdoor dining patio is limited to 636 square feet in area, and a maximum of 37 seats with dining tables only. Elevated counters and barstools are prohibited, and the patio hours were limited to 9:00 a.m. through 9:30 p.m. On June 28, 2011, the City Council approved Conditional Use Permit No. UP2011-007 (PA2011-041) to extend the patio closing hour from 9:30 p.m. to 1:00 a.m. daily. The City Council added conditions requiring quarterly acoustical monitoring and the installation of additional sound attenuation to address Linda Isle resident's concerns about noise. The approval also included Condition No. 4e, which requires a one-year review by the Planning Commission following implementation of the extended patio hours. Refer to Attachment No. PC 1 for a copy of the City Council resolution and conditions of approval. Prior to extending the hours of operation on the patio, the Conditional Use Permit required the installation of additional sound attenuation and the approval of an Operator's License. A one year extension of the Conditional Use Permit was granted on April 22, 2013, extending the CUP through June 28, 2014. The operator completed the sound attenuation and the Operator License was approved on June 5, 2014 and the Conditional Use Permit became effective on July 3, 2014, following an appeal to the City Manager. Following implementation of the extended hours, the Planning Division conducted quarterly acoustical monitoring tests in accordance with Condition No. 4b. The City selected a consultant on behalf of the operator to conduct the tests and prepare a report. The results of those tests conclude that the restaurant patio was in compliance with the noise standards of the Newport Beach Municipal Code (NBMC). Therefore, the applicant has been operating in compliance with the conditions of approval and no further acoustical monitoring is necessary at this time. The following discussion details the reports from the Code Enforcement Division, Police Department, the restaurant's compliance with operational conditions of approval, and correspondence received. 4 3-Thirty-3 One Year Review Planning Commission, September 17, 2015 Page 4 DISCUSSION Code Enforcement Review Since the operator began utilizing the extended outdoor dining patio hours on July 3, 2014, two separate investigations have been opened by the Code Enforcement Division. A memorandum summarizing these investigations is provided by the Code Enforcement Division as Attachment No. PC 2 and is summarized below. Complaints regarding specific conditions of approval are addressed in greater detail in the following section, Compliance with Conditions of Approval. The first investigation filed in July 2014 involved multiple complaints from surrounding neighbors regarding the use of the patio area. Planning and Code Enforcement staff met with the concerned residents on August 27, 2014 and again with the residents, operator, City Manager, Police Department, Planning Division, and Code Enforcement on October 2, 2015. A letter was issued on October 21, 2014, advising the operator and residents of improvements to be made to the patio area and of staff's interpretation of the approved conditions of approval. The second investigation was filed in October 2014 and involved trash collection service before 7:00 a.m. Section 20.30.080(Noise), Subsection D of the Zoning Code restricts deliveries, loading, and unloading to the hours 7:00 a.m. through 10:00 p.m. on weekdays & Saturdays and between the hours of 9:00 a.m. through 10:00 p.m. on Sundays and Federal holidays. Code Enforcement coordinated with CR&R to adjust their route schedules to ensure that trash would be picked-up after 7:00 a.m. Code Enforcement concludes that based on the limited number of complaints and the operator's willingness to address each complaint in a timely manner, it is their recommendation that an additional review is not necessary for the business operator. Police Department Review The Police Department reviewed calls for service and complaints involving 3-Thirty-3 (Attachment No. PC 3) and concluded that there were 28 calls for service related to the restaurant between July 3, 2014, and August 3, 2015. The restaurant generates more calls than other restaurants in the area but they are not considered a problem location. Three calls for service involve excessive noise and were made from the same resident of Linda Isle. The Police Department notes that the noise had been reduced or rectified prior to the officer's arrival on each occasion. The Police Department does not object to the continuation of the extended restaurant hours under the current conditions of approval and does not recommend any further reviews by the Planning Commission. 3-Thirty-3 One Year Review Planning Commission, September 17, 2015 Page 5 Compliance with Conditions of Approval This following narrative discusses the restaurant's compliance with specific operational conditions of approval. Hours of Operation Condition of Approval No. 3 requires the outdoor dining patio to operate in compliance with the approved hours of operation: "The hours of operations shall be limited to between 9:00 a.m. and 11:00 p.m. daily, unless the applicant/operator, including any future operator, secures and maintains an Operator License issued by the Chief of Police, pursuant to Chapter 5.25 of the NBMC. In no case shall the interior portion of the eating and drinking establishment be permitted to operate beyond the hour of 2:00 a.m. daily. The outdoor dining patio shall not be permitted to operate beyond the hour of 1:00 a.m., daily." No complaints or violations related to hours of operation were reported following implementation of the Conditional Use Permit authorizing the patio to be open until 1:00 a.m. Sound Attenuation Condition of Approval No. 4a requires that the outdoor dining patio be attenuated to the same sound level as the main restaurant building when all exterior openings are closed: "Require the outdoor dining patio to be attenuated to the same sound level as the main restaurant building when all exterior openings are closed. The plans for modifying the patio shall be reviewed and certified by an acoustical engineer as meeting the same sound attenuation levels as the main restaurant building subject to the review and approval by the Community Development Director. Subsequent to construction, the installation shall be tested by an acoustical engineer and certified as to meeting city code noise standards." Plan Check No. 2288-2013 was issued for additional insulation and sound attenuation in the outdoor dining patio on October 3, 2013, and the permit was finaled on October 2, 2014. The patio attenuation improvement consisted of additional ceiling insulation. The operator was permitted to account for the occupancy limitations (max. 37 seats within the patio area) as a lower level noise source when designing the proposed sound attenuation to the same level as the interior dining room. Refer to the attached copy of the approved plans (Attachment No. PC 4). A consultant conducted an acoustical test on April 10, 2014, that measured the sound level of the patio area after the attenuation was installed and compared it to the sound 0 3-Thirty-3 One Year Review Planning Commission, September 17, 2015 Page 6 levels from the restaurant building. The report from the consultant indicates that the construction was sufficient to meet City noise standards. This report is provided as Attachment No. PC 5. Acoustical/Noise Monitoring Condition of Approval No. 4b requires quarterly monitoring tests: "Require the applicant to fund a quarterly monitoring test and report by an acoustical engineer selected by the Community Development Director as to meeting city codes. The monitoring shall include a minimum of one Thursday, Friday, or Saturday between the hours of 10:00 p.m. and 1:00 a.m, of operation until the one-year review by the Planning Commission. The monitoring program shall be subject to the review and approval of the Community Development Director. At least one such monitoring test shall take place during the months of July or August. Code compliance includes compliance with Municipal Code Chapter 10.26, Community Noise Control." The four required acoustical monitoring tests were conducted on Friday, August 15, 2014, Saturday, December 6, 2014, Friday, March 27, 2015, and Saturday, June 27, 2015. Each acoustical monitoring test measured the sound levels at the nearest residential property and analyzed whether the results were in compliance with the City's noise ordinance. The tests were conducted from 10:00 p.m. through 2:00 a.m. to measure sound levels during the extended outdoor dining patio hours and after the closing of the patio at 1:00 a.m. All tests were conducted at the dock area at 104 Linda Isle, which is the same location as prior acoustical tests conducted prior to the approval of the Conditional Use Permit. All four acoustical monitoring tests conclude that the patio activities were not audible at the dock measurement location and music played within the main 3-Thirty-3 restaurant was found to be less than 44 dB(A)l SPL 2. The measured Leq'S3 in the monitoring tests consistently exceeded baseline levels measured in the initial acoustical test conducted on April 10. 2014, as a result of atypical events such as local parties occurring in the harbor area or at neighboring residences. Planning staff accompanied the acoustical consultant for the four monitoring tests and verifies that the majority of sound in the vicinity resulted from sources other than 3-Thirty-3 restaurant. Refer to Attachment Nos. PC 6-9 for the four quarterly monitoring reports. dB(A)Weights a sound spectrum relative to the sensitivity of the human ear. z SPL Sound Pressure Level s Leq Average sound level over a stated time period(15 minute time period per the NBMC) 3-Thirty-3 One Year Review Planning Commission, September 17, 2015 Page 7 Patio/Restaurant Windows and Doors Condition of Approval No. 4c and Condition No. 5 require the interior of the restaurant to keep windows and doors shut at all times while the patio windows and doors must be closed at 7:00 p.m.: Condition No. 4c "Require that the outdoor patio windows and roof openings be closed at the currently required time of 7:00 p.m. daily." Condition No. 5 `All doors and windows of the interior of the eating and drinking establishment shall remain closed at all times except for the ingress and egress of patrons and employees." On October 13, 2014, staff met with the operator at the restaurant to review recent improvements and ensure that the outdoor dining patio is operated in compliance with the conditions of approval. In a letter dated October 21, 2014 (Attachment No. PC 10), staff required the operator to replace the missing gaskets surrounding the patio windows and requested monthly reports documenting compliance with the conditions of approval. The applicant's representative indicates that this work has now been completed. The operator has made an effort to comply with Condition No. 4c and Condition No. 5 by reporting the hours that the patio windows are closed and that interior doors and windows are closed at all times. The manager on duty signs the checklist on a nightly basis to confirm these conditions of approval are adhered to. The operator has also chosen to document compliance with these conditions of approval with date stamped photographs. The compliance checklist is provided as Attachment No. PC 11. A public comment letter received on September 1, 2015, notes that 3-Thirty-3 did not close the windows and doors after 7:00 p.m. during the summer (Attachment No. PC 12). However, while attending the four quarterly acoustical monitoring tests taken from the dock area at 104 Linda Isle, staff did not observe any noticeable violations of the windows and doors open after 7:00 p.m. Operator License Condition of Approval No. 6 requires the operator to secure and maintain an Operator License: "The Operator License required to be obtained pursuant to Condition No. 3 and Chapter 5.25 may be subject to additional and/or more restrictive conditions to 2 3-Thirty-3 One Year Review Planning Commission, September 17, 2015 Page 8 regulate and control potential late-hour nuisances associated with the operation of the establishment." The Operator License is issued by the Chief of Police pursuant to Chapter 5.25 (Operator License for Establishments Offering Alcoholic Beverages for On-Site Consumption In Combination with Late Hours, Entertainment, and/or Dance) of the NBMC. Operator License No. OL2012-003 (PA2012-111) was approved by the Chief of Police on June 5, 2014. An appeal of the Chief of Police's determination was filed on June 19, 2014, by Don & Sandy McCalla, residents of 105 Linda Isle, and David & Leann Benvenuti, residents of 106 Linda Isle. The appellants stated concerns with the sound standard and acoustical study prepared on April 10, 2014, for compliance with Condition No. 4a. The residents expressed concern that the testing standard utilized did not assure that the deck area would be fully attenuated to the same degree as the main building, as required under Condition No. 4a. The resident's noted that the Community Development Director's determination to allow consideration of the lower occupancy limits in the patio area was inappropriate. The City Manager subsequently reviewed and upheld the Chief of Police's approval of the Operator License on July 3, 2014. The resolution of approval for the Operator License, appeal, and City Manager's final determination are provided as Attachment No. PC 13. Special Events and Promotional Activities Condition of Approval No. 8 allows the use of the outdoor dining patio only in conjunction with the eating and drinking establishment: "The outdoor dining area shall be used in conjunction with the eating and drinking establishment. No special events/promotional activities shall be allowed within the area of the outdoor dining patio." On October 2, 2014, staff met with several neighboring residents who expressed concern that the outdoor dining patio was being utilized for private events. In a letter dated October 21, 2014 (Attachment No. PC 7) staff clarified for the operator and neighboring residents that the outdoor patio area may be used for private parties. However, the dining tables and chairs are not permitted to be pushed aside to create standing areas for food and beverage service to patrons. Staff has not received any further comments or complaints regarding the use of the patio area to date. 9 3-Thirty-3 One Year Review Planning Commission, September 17, 2015 Page 9 Patio Occupancy Condition No. 10 limits the outdoor dining patio occupancy and dining table height: "The outdoor dining area shall be limited to a maximum of 37 seats, including disabled seats/table space. The seating and dining in the outdoor dining patio shall be limited to dining table height (approximately 30 inches) and the use of the elevated counters and barstools is prohibited." The patio occupancy is limited to 37 seats that are configured in a dining room setting. In the letter dated October 21, 2014 (Attachment No. PC 10), staff clarified that the dining tables and chairs are not permitted to be pushed aside to create standing areas for food and beverage service to patrons so long as special event permits are not required. Music and Live Entertainment Condition No. 34 prohibits live entertainment and limits recorded music in the outdoor dining area: "No live entertainment shall be permitted in the outdoor dining area. Recorded music or other types of sound amplification within the outdoor dining area shall only be audible to the audience within this area, and shall cease after the hour of 10:00 p.m. daily." Live entertainment is not permitted in the outdoor dining patio. The operator's compliance checklist (Attachment No. 11) documents compliance with this condition of approval and demonstrates that music within the patio area is turned off by 10:00 p.m., daily. Operator's Statement The operator's representative has submitted a statement (Attachment No. PC 14) describing the restaurant's operation and compliance with the conditions of approval. Public Correspondence One public comment letter was submitted from neighboring residents regarding the operation of the restaurant (Attachment No. PC 12). Conclusion Staff believes the operator has complied with all required conditions of approval and the operation, as approved, has not proven to be detrimental to the surrounding neighborhood, or resulted in increased demand for police resources. Therefore, no changes to the conditions of approval or subsequent reviews are recommended. 10 3-Thirty-3 One Year Review Planning Commission, September 17, 2015 Page 10 Alternatives The Planning Commission could: 1. Suggest additional measures in accordance with the conditions of approval under Use Permit No. UP2011-007 (PA 2011-041). 2. Request the item be scheduled for a public hearing to modify or revoke Use Permit No. UP2011-007 (PA2011-041). Environmental Review This one-year follow-up review is exempt from environmental review pursuant to Section 15321 of the Guidelines for Implementation of the California Environmental Quality Act. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Public Notice Notice of this review was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Maka& N a Associate Planner ATTACHMENTS PC 1 City Council Resolution No. 2011-80 PC 2 Code Enforcement Memorandum PC 3 Police Department Memorandum PC 4 Plan Check No. 2288-2013 PC 5 Initial Acoustical Test Conducted April 1, 2014 PC 6 Acoustical Monitoring Report Quarter 1 PC 7 Acoustical Monitoring Report Quarter 2 11 3-Thirty-3 One Year Review Planning Commission, September 17, 2015 Page 11 PC 8 Acoustical Monitoring Report Quarter 3 PC 9 Acoustical Monitoring Report Quarter 4 PC 10 Staff Correspondence dated October 21, 2014 PC 11 Operator's Compliance Monitoring Checklists PC 12 Public Correspondence PC 13 Operator License No. OL2012-003 (PA2012-111) PC 14 Operator's Statement 08-20-2015TA2011-041 PC Rpt 08-20-2015.docx:04i0714 12 Attachment No. PC 1 City Council Resolution No. 2011-80 13 V� QP �P 2� RESOLUTION NO. 2011-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REVERSING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. UP2011-007 FOR AN EATING AND DRINKING ESTABLISHMENT LOCATED AT 333 BAYSIDE DRIVE (PA2011- 041) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Jeff Reuter, with respect to the property located at 333 Bayside Drive, and legally described as Lot B of Parcel Map Book 16 Page 10 (Resubdivision No. 249), requesting approval of a new conditional use permit. 2. The applicant filed an application requesting a new conditional use permit to extend the hours of operation granted by Accessory Outdoor Dining Permit No. 2007-001 for an existing outdoor dining patio from 9:00 a.m. to 9:30 p.m. daily to 9:00 a.m. to 1:00 a.m. daily. No other changes to the existing restaurant operations were requested or proposed. 3. The subject property is located within the Commercial Recreational and Marine (CM) Zoning District and the General Plan Land Use Element category is Recreational and Marine Commercial (CM). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Recreational and Marine Commercial (CM-A). 5. A public hearing was held on May 19, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 6. At the May 19, 2011, Planning Commission hearing, the Planning Commission voted unanimously (5 ayes, 2 excused) to deny the project without prejudice. 7. On May 25, 2011, the Planning Commission's decision to deny Conditional Use Permit No. UP2011-007 was appealed by City Councilmember Edward Selich. The appeal was filed to discuss and review the inconsistency of the denial with approval of Outdoor Dining Permit No. 49 granted to Ristorante Mamma Gina's (now Sol Cocina) adjacent to the subject property, and to discuss and review the requirement that the operator obtain an Operator License pursuant to NBMC Chapter 5.25 to allow a higher level of control over the operation of the existing outdoor dining patio. 15 City Council Resolution No. 2011-80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 2 of 13 8. A public hearing was held by the City Council on June 28, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 9. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo," meaning that it was a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1- Existing Facilities. 2. This exemption applies to existing facilities where it can be demonstrated the project involves no expansion of the existing use. The change in hours of operation does not involve an expansion of the existing use. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030 of the Newport Beach Municipal Code, the following finding and facts in support of such finding is set forth: Finding: A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support Finding: A-1. The project has been reviewed and conditioned to ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code is maintained and that a healthy environment for residents and businesses is preserved. The service of alcoholic beverages is intended for the convenience of customers of the restaurant. Operational conditions of approval recommended by the Newport Beach Police Department (NBPD) relative to the sale of alcoholic beverages will ensure compatibility with the surrounding use and minimize alcohol-related impacts. A-2. Pursuant to Chapter 5.25 of the NBMC, the project has been conditioned to require that the applicant, as well as any future operators of the existing eating and drinking establishment, obtain an Operator License to ensure the establishment is operated in a safe manner. Tmplt 03106111 10 City Council Resolution No. 80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 3 of 13 In accordance with Section 20.20.020 of the Zoning Code, eating and drinking establishments classified as "Food Service, Late Hours" require the approval of a conditional use permit within the Commercial Recreational and Marine (CM) Zoning District. In accordance with Section 20.52.020.F of the Zoning Code, the following findings and facts in support of such findings are set forth: Finding: B. The use is consistent with the General Plan and any applicable specific plan. Facts in Support of Finding: B-1. The Recreational and Marine Commercial (CM) land use designation of the General Plan is intended to encourage and provide for mutually supportive business and visitor- serving uses. The operation of a "Food Service, Late Hours" use with alcoholic beverage sales is consistent with the purpose and intent of this land use designation. B-2. Food service uses are expected to be located in commercial areas, and are complementary to the existing commercial and residential uses in the area. Such uses are frequented by visitors, tenants of the nearby commercial uses, and residents alike. B-3. The subject property is not part of a specific plan area. Finding: C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. Facts in Support of Finding: C-1. The subject property is located in the Commercial Recreational and Marine (CM) Zoning District, and eating and drinking establishments classified as "Food Service, Late Hours' require the approval of a conditional use permit. C-2. As conditioned, the project will comply with Zoning Code standards for eating and drinking establishments. Conditions are included related to on-sale alcoholic beverage activities, including the training of personnel, and the provision of security personnel while live entertainment is offered. C-3. Pursuant to Chapter 5.25 of the NBMC, the project has been conditioned to require the applicant, and any future operator of the eating and drinking establishment, to obtain an Operator License from the NBPD in order to maintain operating hours beyond 11:00 P.M. Tmpll:03108111 27 City Council Resolution No. 80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 4 of 13 Finding: D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. Facts in Support of Finding: D-1. The project has been reviewed and conditioned to ensure that potential conflicts with the surrounding land uses are minimized to the extent possible to maintain a healthy environment for both residents and businesses. D-2. Adequate parking is maintained on-site and provided by complimentary valet service during all hours of operation. D-3. The location of the valet parking pick-up and drop-off area, and the designated smoking area, is shielded from the residences by the restaurant building, thereby mitigating noise impacts from this activity. D-4. The design and construction materials of the outdoor dining patio prevent excessive noise from emanating from this area. As conditioned, the sound attenuating windows are required to be closed from 7:00 p.m, to 8:00 a.m. A condition of approval is included requiring that recorded music or other types of sound amplification within the outdoor patio area shall only be audible to the audience within the patio area, and shall cease after the hour of 10:00 p.m. daily. Finding: E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. Facts in Support of Finding: E-1. This is an existing eating and drinking establishment that has existed in this location since 1968, and the project site has proven to be physically suitable in size to accommodate the use. E-2. The project site is located at the southwest corner of Bayside Drive and East Coast Highway, and is surrounded by similar commercial uses located to the west, and the southeast of the use. This is an appropriate location for an eating and drinking establishment. The use is complementary to the existing commercial uses in the area, as well as the residential uses located to the south of the project site. TmpIC 03108/11 28 City Council Resolution No. 2011-80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 5 of 13 E-3. The Traffic Engineer has previously reviewed the configuration of the parking lot, as well as the valet parking plan, and has determined the parking lot design functions safely and does not prevent emergency vehicle access to the establishment. E-4. The site is currently served by public services and utilities. Finding: F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: F-1. The project has been reviewed and conditioned to ensure the continued operation of the existing eating and drinking establishment will not be detrimental to the community. F-2. An increase in pedestrian and vehicular activity from patrons using the outdoor dining area during late night and early morning hours may occur. However, impacts from this increase in activity would be mitigated due to the location of the existing valet parking pick-up and drop-off area, and the designated smoking area, which are shielded from residences on Linda Isle by the restaurant building. F-3. The applicant has operated the existing eating and drinking establishment in this location since 2004, and has demonstrated the continued willingness and ability to control noise generated by patrons of the restaurant. The applicant will be required to obtain an Operator License from the NBPD in order to extend the hours of operation of the outdoor dining patio to 1:00 a.m. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking/circulation, and other potential disturbances resulting from the existing establishment, and will provide the NBPD with means to modify, suspend, or revoke the operator's ability to maintain late- hour operations if objectionable condition occur. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves Conditional Use Permit No. UP2011-041, reversing the decision of the Planning Commission. Approval of Use Permit No. UP2011-041 shall be subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. Tmplt 03t08111 29 City Council Resolution No. 2011-80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 6 of 13 2. This resolution supersedes Use Permit No. 3325 (amended) and Planning Commission Resolution No. 1724, which upon vesting of the rights authorized by this Conditional Use Permit No. UP2011-007, shall become null and void. 3. This resolution was approved, passed and adopted at a regular meeting of the City Council of the City of Newport Beach, held on the 28th day of June, 2011. MAYOR ATTEST: CITY CLERK LI C'c���/ Tmplt:03/08/11 City Council Resolution No. 80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 7 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL (Project-specific conditions are in italics) PLANNING 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. Conditional Use Permit No. 2011-007 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code (NBMC), unless an extension is otherwise granted. 3. The hours of operations shall be limited to between 9:00 a.m. and 11:00 p.m. daily, unless the applicant/operator, including any future operator, secures and maintains an Operator License issued by the Chief of Police, pursuant to Chapter 5.25 of the NBMC. In no case shall the interior portion of the eating and drinking establishment be permitted to operate beyond the hour of 2:00 a.m. daily. The outdoor dining patio shall not be permitted to operate beyond the hour of 1:00 a.m., daily. 4. The Outdoor Dining Patio shall be subject to the following requirements: a. Require the outdoor dining patio to be attenuated to the same sound level as the main restaurant building when all exterior openings are closed. The plans for modifying the patio shall be reviewed and certified by an acoustical engineer as meeting the same sound attenuation levels as the main restaurant building subject to the review and approval by the Community Development Director. Subsequent to construction, the installation shall be tested by an acoustical engineer and certified as to meeting city code noise standards. b. Require the applicant to fund a quarterly monitoring test and report by an acoustical engineer selected by the Community Development Director as to meeting city codes. The monitoring shall include a minimum of one Thursday, Friday, or Saturday between the hours of 10:00 p.m. and 1:00 a.m. of operation until the one-year review by the Planning Commission. The monitoring program shall be subject to the review and approval of the Community Development Director. At least one such monitoring test shall take place during the months of July or August. Code compliance includes compliance with Municipal Code Chapter 10.26, Community Noise Control. c. Require that the outdoor patio windows and roof openings be closed at the currently required time of 7:00 p.m. daily. d. Extend the outdoor dining patio hours of operation from 9:00 a.m. to 1:00 a.m. Tmp[C 03/08/11 21 City Council Resolution No. 80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 8 of 13 e. Require that the conditional use permit be reviewed by the Planning Commission one year from the date of this approval to ensure the increased hours of operation on the outdoor dining patio have not resulted in detrimental impacts. 5. All doors and windows of the interior of the eating and drinking establishment shall remain closed at all times except for the ingress and egress of patrons and employees. 6. The Operator License required to be obtained pursuant to Condition No. 3 and Chapter 5.25 may be subject to additional and/or more restrictive conditions to regulate and control potential late-hour nuisances associated with the operation of the establishment. 7. Full meal service shall be provided and available for ordering at all times the establishment is open for business. 8. The outdoor dining area shall be used in conjunction with the eating and drinking establishment. No special events/promotional activities shall be allowed within the area of the outdoor dining patio. 9. The outdoor dining patio shall be limited to 636 square feet in area. 10. The outdoor dining area shall be limited to a maximum of 37 seats, including disabled seats4able space. The seating and dining in the outdoor dining patio shall be limited to dining table height (approximately 30 inches) and the use of the elevated counters and barstools is prohibited. 11. All employees shall park on on-site. 12. The net public area of the interior portion of the eating and drinking establishment shall not exceed 2,560 square feet. 13. A minimum of 34 parking spaces shall be provided on-site for the daytime operation of the eating and drinking establishment Monday through Friday. A total of 64 parking spaces shall be provided on-site for all other hours of operation of the establishment (one parking space for each 40 square feet of net public area). 14. Prior to implementation of the late hours on the outdoor dining patio, the applicant/operator shall submit a valet parking plan for review and approval by the Public Works Department and Community Development DepartmenUPlanning Division. The valet parking plan shall demonstrate that adequate on-site parking, vehicular circulation and pedestrian circulation systems an:provided. The valet parking plan shall include the location of valet parking pick-up and drop-off area so as to be shielded from nearby residences on Linda Isle by the subject restaurant building in order to minimize the transmission of noise to Linda Isle to the maximum extent feasible. The parking plan Tmph:03108111 22 City Council Resolution No. 80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 9 of 13 shall include a waiting/queuing area for guests dropping off or picking up automobiles from valet parking and a designated smoking area for patrons of the restaurant. 15. The applicant/operator shall conspicuously post and maintain signs at all outdoor dining, waiting, smoking and parking areas indicating to patrons the proximity of the restaurant and public dock and boat slip areas to the residential areas, requesting patrons be courteous to residential neighbors while outside the establishment. 16. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 17. The applicanUoperator shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Conditional Use Permit. 18. The applicant/operator shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. 19. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 20. This Conditional Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 21. Approval of Conditional Use Permit No. 2011-007 is for the operation of an eating and drinking establishment defined as "Food Service, Late Hours" per Title 20 of the NBMC, and does not permit or authorize the use or operation of a bar, tavern, cocktail lounge, nightclub or commercial recreational entertainment venue. 22. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit or the processing of a new Conditional Use Permit. 23. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application, and may require the approval of the Planning Commission. TmpIL 0310&11 2S City Council Resolution No. 80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 10 of 13 24. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 25. Water should not be used to clean paved surfaces such as sidewalks, driveways, parking areas, etc. except to alleviate immediate safety or sanitation hazards. 26. The washing of the outdoor dining patio with any cleaning solutions or the use of high pressure or steam cleaning devices is prohibited. 27. Lighting shall be in compliance with applicable standards of the Zoning Code. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director; the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Community Development Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 28. All noise generated by the existing eating and drinking establishment use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of Between the hours of 7:00 a.m. and 10:00 p.m. 10:00 p.m. and 7:00 a.m. Measured at the property line of commercially zoned property: 65 dBA 60 dBA Measured at the property line of residentially zoned property: 55 dBA 50 dBA Measured in the Interior of a 45 dBA 40 dBA residential structure 29. The applicant shall retain a qualified engineer specializing in noise/acoustics to monitor the sound generated by the outdoor dining activity to insure compliance with these conditions, if required by the Community Development Director. 30. The applicant/operator of the facility shall be responsible for and shall actively control any noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. 31. Should the property be sold or otherwise come under different ownership, any future Tmpll:03108111 24 City Council Resolution No. 80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 11 of 13 owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 32. No live entertainment shall be allowed in the interior of the eating and drinking establishment unless the operator has first obtained a permit from the City. 33. No outside paging system or loudspeaker device shall be used in conjunction with this establishment. 34. No live entertainment shall be permitted in the outdoor dining area. Recorded music or other types of sound amplification within the outdoor dining area shall only be audible to the audience within this area, and shall cease after the hour of 10:00 p.m. daily. 35. No dancing shall be allowed on the premises of the eating and drinking establishment. 36. The applicanboperator shall provide licensed security personnel while offering live entertainment. A comprehensive security plan for the permitted uses shall be submitted for review and approval by the Newport Beach Police Department (NBPD). The procedures included in the plan and any recommendations made by the NBPD shall be implemented and adhered to for the life of the Conditional Use Permit. 37. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 38. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of- way. 39. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 40. The applicant/operator shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self- contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Code Enforcement Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 41. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Community Development Director, and may require an amendment to this Use Permit. Tmplt:03/08111 25 City Council Resolution No. 80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 12 of 13 42. 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. 43. 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. 44. Kitchen exhaust fans shall be installed/maintained in accordance with the Uniform Mechanical Code. The issues with regard to the control of smoke and odor shall be directed to the South Coast Air Quality Management District. 45. All exists shall remain free of obstructions and available for ingress and egress at all times. 46. Strict adherence to maximum occupancy limits is required. 47. The use of private (enclosed) "VIP" rooms or any other temporary or permanent enclosures separate from public areas are prohibited. 48. All owners, managers and employees selling, serving or giving away alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 49. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 50. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 51. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except in conjunction with food service available from the full service menu. There shall be no reduced price alcoholic beverage promotion after 9:00 p.m. Tn,pic 03108/11 20 City Council Resolution No. 80 3-Thirty-3 Waterfront Restaurant (PA2011-041) Conditional Use Permit No. UP2011-041 Page 13 of 13 52. "VIP" passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order or sale of drinks is prohibited. 53. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and retail sales during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the NBPD on demand. 54. No on-site radio, television, video, film or other media broadcasts from the establishment that includes the service of alcoholic beverages shall be permitted without first obtaining an approved Special Event Permit issued by the City. This prohibition of media broadcasts includes recordings to be broadcasted at a later time. 55. All signs shall be in conformance with the provisions of Chapter 20.42 of the Newport Beach Municipal Code. 56. 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. 57. No games or contests requiring or involving the consumption of alcoholic beverages shall be permitted. 58. To the fullest extent permitted by law, applicantloperator shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of the 3-Thirty-3 Waterfront Restaurant including, but not limited to, the Use Permit No. 2011-007. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant/operator, City, and/or the parties initiating or bringing such proceeding. The applicant/operator shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant/operator shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. TmpIL'03108111 27 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2011-80 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of June, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Selich, Daigle,Mayor Henn Noes: Gardner, Curry Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of June,2011. City Clerk Newport Beach, California (Seal) ��•,�Y hp. ,n� ,ate Attachment No. PC 2 Code Enforcement Memorandum 29 V� QP �P 30 4 C��WPO CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT U 4 100 CIVIC CENTER DRIVE $ , NEWPORT BEACH, CA 92660 cgtraoe�'P (949) 644- 3200 Memorandum To: Makana Nova, Associate Planner From: Matt Cosylion, Code Enforcement Supervisor Date: August 17, 2015 Re: 3-Thirty-3 Waterfront Restaurant- Complaint History Per your request, the following is a brief summary of all complaints filed with the Code Enforcement Division regarding the operation of 3-Thirty-3 Waterfront Restaurant ("3-Thirty-3): 12011-0700- A Notice of Violation was issued to 3-Thirty-3 for keeping the outdoor patio open past 9:30 p.m. Code Enforcement staff met with the operator to discuss the violation and review the conditions of approval for OD2007-001. A $100 Administrative Citation was issued on August 12, 2011 after the Newport Beach Police Department ("NBPC") found the outdoor patio open past 9:30 p.m. No further complaints were received regarding this matter, and the case was closed. 12012-1667- A complaint was filed with the NBPD and the Code Enforcement Division in October 2012, regarding the exclusive use of the outdoor patio for a private party. Staff determined the patio area was open to the public in compliance with 3-Thirty-3's use permit. A verbal warning was given to the management team reminding them to monitor the noise from the patio. 12013-0047- The Code Enforcement Division was notified that the landscaping company for 3- Thirty-3 was working on Sunday, December 16, 2012, including using a gas powered leaf blower to clean the parking lot. It should be noted the incident was not reported until three weeks later, and no other violations were reported after January, 2013. 12013-0312- Residents from Lido Island reported the outdoor patio was open past 9:30 p.m. An investigation of the complaint revealed that 3-Thirty-3 had obtained a special event permit allowing the patio to remain open until 11:30 p.m. As a result of this incident, future special even permits for 3-Thirty-3 will be conditioned to require prior notification of adjacent property owners. 31 12014-0355- Complaints were filed by adjacent property owners in March, 2014, regarding the noise from the collection of trash prior to 7 a.m. The waste management company was contacted and asked to adjust their route schedule. The case was closed after no further complaints were received. 12014-1037- Multiple complaints were filed in July, 2014, regarding the noise from the outdoor patio and alleged violations of the approved hours of operation for the patio. City staff were unable to independently confirm the allegations but did meet with the operator on several occasions to address these concerns. 12014-1727- Complaint received in October, 2014, regarding the collection of trash prior to 7 a.m. Code Enforcement staff coordinated with CR&R to adjust their route schedules to ensure that collection occurs after 7 a.m. Based on the limited number of complaints and the operator's willingness to address each complaint in a timely and appropriate manner, an additional review is not necessary for this project. Should you have any questions or need further information, please contact me at (949) 644-3217. 32 Attachment No. PC 3 Police Department Memorandum 33 V� QP �P 31{ NEWPORT BEACH POLICE DEPARTMENT DETECTIVE DIVISION 43 MEMORANDUM TO: Makana Nova, Associate Planner FROM: Wendy Joe, Police Civilian Investigator DATE: September 4, 2015 SUBJECT: Annual Review of 3-Thirty-3 Waterfront; 333 Bayside Drive Use Permit UP2011-007; Operator License OL2012-003 On June 28, 2011, the Newport Beach City Council approved use permit number UP2011-007 for 3-Thirty-3 Waterfront. The use permit allowed the business to extend the hours of operation for their outdoor dining patio from 9:00 a.m. to 9:30 p.m. daily, to 9:00am to 1:00 a.m. daily. As such, the outdoor dining patio was required to be sound attenuated to the same sound level as the main restaurant building when all exterior openings are closed. In addition, the outdoor dining patio windows and rooftop openings were required to be closed at 7 p.m. daily. An Operator License was issued by the Chief of Police on June 5, 2014. It was appealed on June 19, 2014 before being upheld by the City Manager on July 3, 2014. At your request, I have reviewed the activity at 3-Thirty-3 Waterfront for the time period of July 3, 2014 to September 3, 2015. The Police Department's data regarding calls for service associated with 333 Bayside Drive indicates police services were required 52 times. In the interest of accuracy and fairness, I reviewed each of those 52 calls in detail and found only 28 were related to the restaurant. Within those 28 calls for service, many were unrelated to the restaurant's business model or operations. In total, three complaints of excessive noise were received by our police dispatch center during the requested time period. Each call was made by the same resident from the 100 block of Linda Isle. On each occasion, the noise had been reduced or rectified prior to the officer's arrival. I spoke with four of our night-watch patrol sergeants regarding their experience with the restaurant after hours. Each sergeant's professional opinion was similar in that they do not believe this restaurant stands out as a problem location. The Department of Alcoholic Beverage Control has not received any complaints or held an open investigation on this establishment during the time period of review. 35 Annual Review of 3-Thirty-3 Waterfront Based on 3-Thirty-3's calls for service, and our direct experience with excessive noise or lack thereof, the police department does not see the need for additional review. Additionally, we have no objections or concerns with the Use Permit or Operator's License as issued. If you have any questions as to the content of this memorandum, please contact Civilian Investigator Wendy Joe at 949.644.3705 or wjoe@nbpd.org. $ceCivilian Investigator, Special Investigations tr 4— Jay Short Lieutenant, Detective Division z 3o Attachment No. PC 4 Plan Check No. 2288-2013 37 V� QP �P 3g : ISSUED PLANS =, FOR BUILDING PERMIT $y Address. comm"NTry Pian Check No. .228�-�13 SEP 30 2013 PA No. &Activity NO. INF-Z•/1-14 q:14. ' Received: O'I 3a /Zo13 DEVELOPMENT P FOR: 333 RESTAURANT XCondition of Approval El Updated Plans �e� OF NEWPOIX 333 BAYSIDE DRIVE j\ NEWPORT BEACH.CA 92660 �� PROJECT SUMMARY: CAN VASA SCOPEOFWORK: NEW SOUND BARRIER AT EXISTING CANOPY OWNER: 333 BAYSIDE.LLC AWNINGS-COMMERCIAL CNNM1 JOB ADRRESS: 333 BAYSIDE DRIVE 24x05.BIRCH STREET SANTA ANA,CA925D NEWPORT BEACH.CA 60 . 926 TCL'I�N)MI{g5x NO.OF STORIES: OCCUPANCY GROUP: A-215 } n111'I STI:LII'I'l lil:F TYPE OF CONSTRUCTION: V-B SPKLD FIRE SPRINKLERS: EXISTING FIREALARM: EXISTING AREA OF NEW BARRIER: 345 SF. BAN DIEGO AW NOTES: I ALL WORKS SHALL COMPLY WITH THE 2010 CBC.2010 CPC.2010 CEC.2010 CMC. 40B 2008 BUILDING ENERGY EFFICIENCY STANDARDS IBSEFS)&CHAPTER 15 OF THE NEWPORT BEACH MUNICIPAL CODE INBMCI 73 DRAWING INDEX Z Q SHEET NO. DRAWING i1RE K u u 0 PROJECT DATA Q U y' 1.0 ROOF PLAN w om 2.0 ELEVATION 8 SECTION K ^& 3.0 DETAIL h Q. I. 4k 4.0 DETAIL X m n BAYSIDE DRIVE P �'Ms arum L; ryLprytl OAC q sO�R f, �5S � p ty e LE)E) OI R}}�] PINMn GPinWG �i SITENWG,N �b PROJECT DATA 1 WNONBID bGYE Atialsam LOCATION MAP PROPOSED SiUND BARRIER Ai� SITE PLAN "d�Wa oRAN,.«e Re,JMMaLER �G SCALE Nis EXISTING SKYVIEW CANOPY -SE �= 'axn 'V JMG4183 0.0 p g IT AWNIN05NINASIeI�71� F C6NMFRCIAL CANVAS y u }I"t3uM� Y # 3aRH S.tliliCHsTRtur +Ml q 1TV'L ip h '� SANTA ANA,CA,92637 ;AX:Q14)&B-IIX5 RNAdb1' e 'y x..., a f,! Ax:m416al.asv NA li'Re 4�p'Qan 7 }�' �^ +4 � " SOFFS'TRUC"PLTRNS 1v Idr.{y > py AyxEC i s ' 1>rvl<n f IRSI vJxrrr,,n� t r a 1 ISIOf w� 7 >x II T si W olm— - w 7-7 - ..,A p+ gan. ml wnlnnrcs NEW SOUND BARRIER re>rrvLe 2.QQ EXISTING FABRIC 2'-2 5/5" E'-7�` 7' 1" 7'—l"__— ROOF PLAN 23'-3 5/8" ----- onu"o`na 0.01-09 gssuvnx EXISTING SKYVIEW CANOPY ROOF PLAN dll�llllpRERR. tirvNw:.+o �JIMMILLER oluvnnano. axno. SCALE: JMG-3653 1,0 40 AWMIN'GS COMBRMLCAMM 2429 S BIRCH STRM SANTA ANA CA.(CNV TEL(714)643'Z52 23'-3 5/8" PAX(714)6 I-N)57 jm% K S0TTSTRI;('f IIiFS �)FBt2 9'-2 Ar.1 (LVK).N N51 'J'ATION f NEW SOUND BARRIER of ILL I 'Ili- . ii -7,111 77 1 71 F71 k; r U11' , JLJ:Ljj�Lj I JIIL L JJ � EXILSTING SKYVEW CANOPY ELEVATION C ELEVATION 09-2919 Al Z� ac .wurYilCiymJIM MILLER imc-4183 2.0 NEW SOUND BARRIER AT FIXED PANEL B.. POLYCARBONATE SHEET AW14IN C WAtIlCIALCANVA ti 1121,DIRC-ItSTIIECT 1A."I n,N A,I I 12o2- TK(714)(41k)032 I A\;l.i4l'Il 1)(157 -"SLIDING "'011f ElFILICIURIES —"SLIDING PANELS -LF8h:N FAWUC.Ni ION INS L\LLAI kol z < < < LLI K, NEW SOUND BARRIER M ma AT SJOING PANEL >/ 10 mm POLYCARBONATE SHEET 4 JwWDE /3 �--(E)-RAM CUTTERI // ) EXISTING CANOPY FRAME: NEW SOUND BARRIER 1-<2> (E)-2 X 6 X 110A.GALV.STEEL ASTM-A500 MATERIAL 10 mm HOLLOW plastic POLYCARBONATE SHEET WEIGHTS OF MATERIAL 3.521b.11l.OSF. A TOA )-S2 (ELIDIN6GG PANELLFRSONT AND REAR BAR 1"X GAV, TEEL,ASTM-A500 <3>_ A OVERALL TOTAL AREA 345 DR. (E).SLIDING PANEL RAFTER OVERALL TOTAL WEIGHTS OVERALL TOTAL WEIGHTS 110.401hs ROLLER WHEEL 1"X VX 16GA.GALV.STEEL,ASTM-A500 3 EACH SIDE DETAIL (E)-FIXED PANEL FRONT BAR LOADING CAP. 75 Ibs EACH I"X2"X 16GA.GALV,STEEL,ASTM-A500 A SLIDING PANEL FRAME DETAIL (E)-FIXED PANEL RAFTERS 1"X 1"X 16GA.GALV STEEL,ASTM-A500 11A.: 01%TtORD�o5-z5-13 Asseomi 1�11 "n'rv\wwcsiciumer O- (E)-S-1/2'X 9-1/2"TIMBER TRUSSES EXISTING CANOPY FRAME DETAILJIM A LLBR aAnwwarm IcA. NI, JMC-4181 3.0 42 6'-34' 6'-3" 6'-3 1 4 4 i FIXED PANEL FIXED PANEL FIXED PANEL —2'-0" 3" -0" 1 1-2'-0" '-3" 2'-0" j- 2'-3" 2'-0" A I WNIN C MMERCIAL CANVA ......... ........ 24211 PlkC f I I N I I 3. 6*-34 6'-33. 4 1 6'-33- 71 1 1,,-- 1 4 1 UPPER SLIDING PANEL UPPER SLIDING PANEL UPPER SLIDING PANEL SOVI' S-1 Rt-C-Ft'RE'S 6'-451, 6'-4j- 6'-45 8 8 UPPER SLIDING PANEL UPPER SLIDING PANEL UPPER SLIDING PANEL IN:IALI'A I I().\ SECTION DETAIL SCALE: I/2"=1'-0' F— (E)-EXISTING FABRIC (E)-FIXED PANEL FRAME z 1" X 2" 16GA. TUBE STEEL < (E)-l"SQ. 16GA. TUBE STEEL : (N)-10mm POLYCARBONATEASTM-A500 wu � � U SOUND BARRIER < > m (E)- SLIDING PANEL FRAME 0 < 1" X 2" 16GA. TUBE STEELww Lu om ASTM-A500 CV) < 0 w N (E)-STEEL TRACK (y) 2-1/8" X 7/8- X 1/8" THK. 0 fl-ROLLER WHEEL i I A IEACH SIDE LOADING CAP.: 75 lbs. EACH c3 (E)- 2" X 6" X 11GA. GALV. STEEL ASTM-A500 JOB CODE —(E)-TIMBER TRUSSES (N)-CONT. 3" WIDE X 1/8' THK (N)-CONT. BAR ANGLE ALUMINUM 1" x 1" x 1/8- ALUMINUM 01 09-25-13 APPROVAL DWG NO, DATE REMARKS DRAWNG TULL (E)-3/8- 0 LAG BOLT, ASTM-A307 DETAIL 0 30" O.C. DATE ORDEREOI. SCALE: 09-25-13 ASSHOWN ATTACHMENT DETAIL —EFRAWNIDESIGNED BY CHECKED BY: SCALE: 3"=1'-0' JUN BERGAMO JIM MILLER DRAWING NO. SHEET NO. JMC-4181 40 V� QP �P Attachment No. PC 5 Initial Acoustical Test Conducted April 1 , 2014 45 V� QP �P M� = M��M ml��M RS ACOUSTICS INC 15751 Beaver Run Road Canyon Country, CA 91387 P:(661)251-3965 F: (661)310-3783 3-THIRTY-3 WATERFRONT RESTAURANT NEWPORT BEACH, CALIFORNIA ACOUSTICAL ANALYSIS & MEASUREMENT TEST REPORT Prepared for: City of Newport Beach Planning Division/Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Prepared by: RS Acoustics Inc. 15751 Beaver Run Rd. Canyon Country, CA 91387 Phone: (661) 251-3965 Fax: (661) 310-3783 Date: 21 May 2014 Report No. 140104 This report presents the results of an acoustical analysis and noise measurement program conducted within the 3-Thirty-3 Waterfront restaurant and surrounding areas in Newport Beach, California. This report was prepared to document and verify the noise levels generated by the restaurant, and more specifically the dining patio to determine the potential impacts to the acoustical environment in the nearby residential community should the dining patio operation be extended to the proposed time of 1:00am. This noise analysis is required for condition use permit No. UP2011-007 (PA2011-041). Consultants in Architectural Acoustics & Noise Control 47 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 2 SECTION 1 - GENERAL The City of Newport Beach has processed an application for a conditional use permit for the 3-Thirty-3 Waterfront restaurant located at 333 Bayside Drive. The project consists of an existing restaurant, an enclosed dining patio with operable windows and ceiling panels, and a parking area. Conditional Use Permit No. UP2011-07 was approved to extend the closing hours of the dining patio from 9:30 p.m. to 1:00 a.m. Per the request of The City of Newport Beach, RS Acoustics Inc. has prepared this report to determine the acoustical affects associated with the patio remaining open until 1:00 a.m., as well as to conduct a noise survey to determine baseline acoustical conditions of the interior spaces of the 3-Thirty-3 Water- front building, and the existing exterior noise environment at the nearby residences located at Linda Isle. Noise levels measured within the interior spaces of the building are presented in Section 2 and noise levels measured at exterior locations are presented in Section 3 of this report. Prediction and calcula- tions to determine the noise levels at the nearby residences due to operation of the dining patio with 100%occupancy are presented in Section 4. 1.1 PROJECT DESCRIPTION The 3-Thirty-3 Waterfront restaurant is located at 333 Bayside Drive in Newport Beach, California as shown on the vicinity map on Figure A. The building is located on the waterfront fairly centered be- tween two other commercial buildings; SOL Cocina restaurant located at 251 E. Coast Highway, 70' to the northwest; and the Black Starr Frost jewelers building located at 241 Bayshore Drive, 80' to the southeast. All three buildings share a common parking lot with entrance/exits serving the adjacent Coast Highway and Bayside Drive. The 3-Thirty-3 restaurant is located approximately 95' from the centerline of Bayside Drive, and approximately 175'from the centerline of Coast Highway. The main 3-Thirty-3 restaurant building is rectangular totaling approximately 4,900 square feet. The centrally located dining/bar area is approximately 2,250 square feet and the dining patio approximately 675 square feet being attached at the southeast corner. The balance of the interior areas are utilized for kitchen, circulation, restrooms, etc. These dimensions were scaled from the architectural drawings pre- pared by John E. Wells and Associates and dated 14 July 2009. To the southwest of the 3-Thirty-3 restaurant is a residential area located at Linda Isle. The closest resi- dential building is approximately 225' from the closest southwest dining patio elevation, and 250' from the southwest elevation of the main restaurant building. 1.2 COMMUNITY NOISE ASSESSMENT METRICS In general, community noise measurements or assessments refer to descriptions of the exterior noise environment in the vicinity of inhabited areas. Descriptions of noise usually include the time and spatial variations in the outdoor noise environment throughout a specific area so that descriptions are relevant to the effect on people within the specified area. 'y-g City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 3 Outdoor noise environments vary greatly in magnitude and character among locations throughout a community— from the quiet suburban areas bordering on farmland, to the din of traffic in downtown city streets. They generally vary with time of day, being relatively quiet at night when activities are min- imal and noisier in morning and afternoons during peak traffic periods. Noise or unwanted sound is complex and may be comprised of a broad range of sounds often including low and high frequency components, which may also occur at differing decibel levels. To help simplify and quantify the human judgment of relative loudness and provide a simple single-number rating sys- tem, the "A-weighting" network was developed. A-weighted sound level "dB(A)" is one of the most widely used methods of stating community noise de- sign goals and regulations in terms of a single number rating system. A-weighted sound levels are ob- tained with a sound level meter incorporating an electronic weighting network that de-emphasizes the low frequency portions of the noise spectrum, to automatically compensate for the lower sensitivity of the human ear to low frequency sounds. High frequency components of sound, 1000Hz and above are relatively unchanged in A-weighting networks as the human ear is fairly equally sensitive to all sounds occurring in this high frequency range. The single A-weighted sound level is the sum of all A-weighted sound energy within the measured frequency range. The City of Newport Beach, as is typical of other cities, utilizes A-weighted sound levels in their noise ordinance to quantify allowable noise levels which are averaged over a specific time period. This time component is specified to allow for varying noise conditions such as the fluctuating noise levels associ- ated with vehicular traffic stopping or accelerating from an intersection. The resultant level would be the average of all sound levels measured within the stated time period. The noise ordinance of The City of Newport Beach requires that noise measurements be conducted and averaged over a 15 minute period, with a sound level meter set for a slow response averaging time. The result is termed a "15 minute L,,", (Equivalent Noise Level) and is measured and presented in A- weighted decibels levels. By definition, a 15 minute Leq is the A-weighted sound level corresponding to a steady-state sound level containing the same total sound energy as a time-varying signal over the 15 minute period. For short duration or impact sounds, the City of Newport Beach utilizes the L,„„ metric or (Maximum Sound Level). This metric is also expressed in A-weighted decibels, and per the requirements of the or- dinance is measured at the slow response averaging time. Lma, noise levels quantify the highest sound level measured or recorded during a designated time interval or event. 1.3 NOISE STANDARDS In addition to satisfying the provisions of Chapter 10.26 of the City of Newport Beach Municipal Code which are defined in section 1.3.2 of this report,the project must also comply with the Conditions of Approval set forth in Appendix"A" of the City Council Resolution No. 2011-80 described in section 1.3.1. 1.3.1 CITY COUNCIL RESOLUTION NO. 2011-80—CONDITIONS OF APPROVAL The City of Newport Beach has processed an application for a conditional use permit for the 333 Wa- terfront restaurant on Bayside Drive. Conditional Use Permit No. UP2011- 007 was approved to ex- pand the closing hours of operation for the existing outdoor dining patio from 9:30 p.m.to 1:00 a.m. �q City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 4 The new hours of operation approved by the conditional use permit are subject to several conditions described in the Conditions of Approval however this report specifically pertains to Condition 4.a.as follows: 4. The Outdoor Dining Patio shall be subject to the following requirements: a. Require the outdoor dining patio to be attenuated to the same sound level as the main restaurant building when all exterior openings are closed. The plans for modifying the patio shall be reviewed and certified by an acoustical engineer as meeting the same sound attenuation levels as the main restaurant building subject to the review and ap- proval by the Community Development Director. Subsequent to construction,the instal- lation shall be tested by an acoustical engineer and certified as to meeting city code noise standards. 1.3.2 CITY OF NEWPORT BEACH NOISE STANDARDS The following noise level standards and requirements relative to this project are excerpted from the City of Newport Beach Municipal Code Chapter 10.26 Community Noise Control. 10.26.010 Definitions The following words, phrases and terms as used in this chapter shall have the meanings as indicated here: "Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. "A-weighted sound level" means the total sound level meter with a reference pressure of twenty (20) micropascals using the A-weighted network(scale) at slow response.The unit of measurement shall be defined as dB(A). "Commercial property" means a parcel of real property which is used as either in part or in whole for commercial purposes. Decibel (dB)" means a unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio. "Equivalent, noise, level, leq." means the sound level corresponding to a steady state noise level over a given measurement period with the same amount of acoustic energy as the actual time varying noise level. Also known as the energy average noise level during the measurement period. The measure- ment period shall be fifteen (15) minutes under the terms of this chapter. "Intruding noise level" means the total sound level, in decibels, created, caused, maintained or origi- nating from an alleged offensive source at a specified location while the alleged offensive source is in operation. "Residential property" means a parcel of real property which is used either in part or in whole for resi- dential purposes, other than transient uses such as hotels and motels, and residential care facilities. Residential property includes the residential portion of mixed use properties. m�m m�m m�m SD City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 5 "Sound level meter" means an instrument meeting American National Standard Institute's Standard S1.4-1971 or most recent revision thereof for Type 2 sound level meters or an instrument and the as- sociated recording and analyzing equipment which will provide equivalent data. "Sound pressure level" of a sound, in decibels, means twenty (20) times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure which shall be explicitly stated. a Pacific Coast Highway _ SOL rest _ 25 ' f LOi _ �� ' Project Site^ 333 Bayside Dr. Black Starr Frost 2-story comm bldg. 341 Bayside d i Residential ,I VICINITY MAP a,aieCwne,e,ry.C H Ce:57, G9 Ha 3-THIRTY-3 WATERFRONT Fr6"!1 3� a8 A �2 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 6 10.26.015 Decibel Measurement Criteria Any decibel measurement made pursuant to the provisions of this chapter shall be based on a refer- ence sound pressure of twenty (20) micropascals as measured with a sound level meter using the A- weighted network(scale) at slow response. (Ord. 95-38 § 11 (part), 1995) 10.26.020 Designated Noise Zones The properties hereinafter described assigned to the following noise zones: Noise Zone I All single-,two-, or multiple-family residential properties. Noise Zone II All commercial properties Noise Zone III The residential portion of mixed-use properties Noise Zone IV All manufacturing or industrial properties 10.26.025 Exterior Noise Standards A. The following noise standards, unless otherwise specifically indicated, shall apply to all proper- ty within a designated noise zone: Allowable Exterior Noise Level Noise Type of Land Use (Equivalent Noise Level, Leq) Zone 7:00 am-10:00 pm 10:00 pm—7:00 am I Single-,two-,or multiple-family residential. 55 dB(A) 50 dB(A) II Commercial 65 dB(A) 60 dB(A) III Residential portions of mixed use properties 60 dB(A) 50 dB(A) IV Industrial or Manufacturing 70 dB(A) 70 dB(A) If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or oth- erwise controlled by such person, which causes the noise level when measured on any other property,to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty(20) dB(A) for any period of time (measured using A-weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that com- mercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995) ��Iw� City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 7 10.26.030 Interior Noise Standards A. The following noise standards, unless otherwise specifically indicated, shall apply to all resi- dential property within all noise zones: Allowable Interior Noise Level Noise Type of Land Use (Equivalent Noise Level, Leq) Zone 7:00am-10:00pm 10:00pm-7:00am I Residential 45 dB(A) 40 dB(A) III Residential portions of mixed use properties 45 dB(A) 40 dB(A) If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such a person which causes the noise level when measured on any oth- er property,to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty(20) DBA for any period of time (measured using A-weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the noise standard applicable to said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that com- mercial property. E. If the measurement location is on a boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 2, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.055 Noise Level Measurement A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measure- ment microphone height shall be five feet above finish elevation or, in the case of a deck or bal- cony,the measurement microphone height shall be five feet above the finished floor level. B. The location selected for measuring interior noise levels shall be made within the affected resi- dential unit. The measurements shall be made at a point at least four feet from the wall, ceiling m�m m�m m�m 53 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 8 or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position. (Ord. 95-38 § 11 (part), 1995). 1.4 TEST EQUIPMENT Noise levels measurements were conducted with the following equipment. Acoustic calibration of measuring equipment was conducted immediately prior to and following the test procedures: • Larson Davis Type 824 Type I integrating one-third octave band sound level meter • Larson Davis Model PRM902 microphone preamplifier • Larson Davis Type CAL200 precision Class I sound level calibrator calibrated to a reference traceable to the National Institute of Standards and Technology. • Larson Davis Type 2560 %:" microphone accepted to meet the specifications of IEC 60651 and ANSI S1.4-1983 Type 1. Measurement equipment satisfies the American National Standards Institute (ANSI) Standard 1.4 for Type 1 precision sound level measurements as well as all requirements for testing equipment for the City of Newport Beach. SECTION 2 - INTERIOR MEASUREMENT RESULTS Acoustical measurements were conducted in the evening and nighttime of Thursday 10 April 2014 to gather noise level data within the interior spaces of the 3-Thirty-3 Waterfront restaurant. Noise levels due to typical patron conversations occurring with typical background music were measured and also the sound levels of patron conversations occurring during the performance of a 4-piece Jazz band that performs on Thursdays from 8:00 p.m.to 11:00 p.m. Acoustical measurements of these two conditions were conducted in the main restaurant bar where the jazz band is located, and also in the separate dining patio. These measurements were conducted per the request of the City of Newport Beach. 2.1 MEASUREMENTS IN RESTAURANT/BAR (See Figure 8 for interior noise level measurement positions.) Restaurant/Bar— Background Music Interior sound levels were measured within the restaurant/bar starting at 6:45 p.m. to determine the general ambient conditions generated by patrons and background music only. There were approxi- mately 35 to 40 patrons in the restaurant/bar proper, with staff members and other patrons occasion- ally entering and exiting the space. Background music was playing throughout the measurement however the main source of the sound levels were generated by patron conversations. At no time throughout our measurements would we subjectively consider the conversational levels from any of the patrons to be unusually loud, raucous, boisterous, or disorderly. �'4 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 9 The measurements were conducted via a moving-microphone method so that all general areas in the restaurant/bar were integrated in the measurements. The path traversed while conducting the meas- urements is noted as 1-1 shown on Figure B. During this test the majority of the seats at the bar were occupied, and two small groups were sitting in the booths at the east wall. There was a group of about eight including a family that occupied the booth in the northwest corner of the space, and two couples in the adjacent booth along the west wall facing the water. Noise levels measured at 1-1 were found to be Leq-74.9 dB(A) for the 15 minute duration. The maxi- mum level recorded was during the measurement was Lmax-83.7 dB(A) due to laughter fairly close to the microphone. Restaurant/Bar— Live Music Acoustical measurements were conducted in the restaurant/bar to determine the interior noise levels during the live music performance of the Jazz band. The measurement position was as close as possi- ble to the band (approximate 10' distance) to measure the highest noise levels generated by their in- struments and amplifiers. See measurement position 1-2 on Figure B for location. The acoustical measurement was started at 9:50 p.m. During this measurement, the room was occupied with approximately 40 patrons located fairly uni- formly throughout the room. Conversations were audible however the main source of the sound lev- els in the room were due to the live music. Noise levels measured at position 1-3 were found to be Leq-87.1 dB(A) and the maximum level during the live music performance was Lmax-93.4 dB(A). During an intermission between songs when the band was at break, the background music was re-started and the interior sound levels were measured at Leq-76.8 dB(A) and Lmax-82.1 which is directly comparable to those measured earlier in the evening at position 1-1. 2.2 MEASUREMENTS IN DINING PATIO (See Figure 8 for interior noise level measurement positions.) Per the request of the City of Newport Beach, noise level measurements were conducted in the dining patio under the following conditions: • The patio was open for service and the main restaurant operating under"normal" conditions -that is with background music and patrons only. • When the patio was open for service, the live jazz band was performing, plus patrons in the main restaurant/bar. • When the patio was closed, during the live music performances and patrons conversation noise occurring in the main restaurant/bar. Dining Patio Open - Background music in main restaurant/bar With the dining patio open for service, acoustical measurements were conducted in the patio during the "normal" operating conditions in the main restaurant/bar which included background music and patron conversations. Measurements were conducted at approximately 7:00 p.m. with two (2) diners at a table along the west elevation of the patio facing the bay. Measurement location is shown as 1-3 on Figure B. City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 10 The interior noise levels in the patio were generated by the hum of an ice machine compressor at the northwest corner of the room, minor conversation and silverware clanking from the diners, a waitress serving the diners, and heel click from the waitress on the hard surfaced flooring. During the meas- urements, both entry doors between the patio and the main restaurant were always closed except during food service to the patio diners, and when a staff member entered to get ice from the ice ma- chine. Two wall mounted televisions were on, however the sound was off. Noise from the main res- taurant/bar was inaudible in the patio. Exterior noise sources due to a commercial jet flying overhead and occasional traffic noise from the nearby Pacific Coast Highway were audible during the patio measurements. Noise levels measured in the patio at position 1-3 were found to be Leq-60.0 dB(A) and the maximum level was found to be Lmax-69.7 dB(A) due to the aircraft overflight. Dining Patio Open - Live music in main restaurant/bar With the dining patio open for service, acoustical measurements were conducted in the patio during the live music performance in the main restaurant/bar. Measurements were conducted at 9:00 pm with couples at four different tables having dinner in the patio. Measurements were conducted at position 1-4 as shown on Figure B. The interior noise levels in the patio were generated by conversations from the diners and the wait staff serving the diners. The hum of the ice maker was also audible. Exterior noise from a commercial jet flying overhead occurred and was audible during the measure- ment. During the measurement, both entry doors between the patio and the restaurant were always closed except during food service to the patio diners.The two wall mounted televisions were on, however the sound was off. Noise from the main restaurant/bar while the live music was performed was occasionally slightly audi- ble when the noise levels from diners conversations in the patio were at low levels. Noise levels measured in the patio at position 1-4 were found to be Leq-64.2 dB(A) and the maximum level was Lmax-70.9 dB(A) due to the aircraft overflight. A second measurement was conducted at the same location in the patio, labelled as 1-5 on Figure B. For this measurement we asked that the personnel door at the west corner of the north wall which in- terconnects the patio and main restaurant/bar be temporarily held open. While the door was held open, music from the main restaurant was audible and noise levels in the patio were Leq-69.5 dB(A) and the maximum level was Lmax-71.6 dB(A). City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 11 Measurement 1-1 MainiDi r Arrows show general area measured at 1-1.Ambient sound levels with background music&±35.40 patrons. 74.9 dB(A)Le ' 83.7 dB(A)Lmax Leo a 1 Live band location Megsurement Position 1-2 -- Ambient sound levels with band playing&±40 mtron5. Measurement Position 1-4 1 11W\; Leq- - Ambient sound levels with live music - L naX &±40 patrons in restaurant. Four couples dining in patio. Doors to ? 1 ---- restaurant/bar closed. 64.2 dB(A)Leq 70.9 dB A Lmax f_ Measurement Position 1-5 - � Ambient sound levels with live music &±40 patrons in restaurant. FourMeasurement Position 1-3 couples dining in patio. Doors to ati'- Ambient sound levels with restaurant/bar temporarily open for -� background music&±35 measurements only, patrons in main restaurant. 69.5 dB(A)Leq One couple dining in patio. 71.6 dB(A)Lmax 60.0 d8(A)Leq 69.7 dB(A)Lmax Measurement Pqsjtkn 1-6 Ambient sound levels wit live music& ±40 patrons in restaurant. Dining patio closed. 60.3 d8((A Leq �s]si eeavar ciao quad Figure 63.7 dB(A�Lmax Carryon Gpm'ry.C,9 , L P:(6611251.3M B A Fabbll7lpa]9} Interior Noise Level Measurement Positions City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 12 Dining Patio Closed After the dining patio had closed for the evening, acoustical measurements were conducted during the jazz band performance. Live music and noise from patron conversations were the only noise source in the main restaurant/bar. Measurements were conducted in the empty patio and shown as measure- ment position 1-6 on Figure B. During the measurements, no intruding noise events from exterior sources occurred. There were no diners in the patio, and both entry doors between the patio and the restaurant were closed. The two wall mounted televisions were on, however the sound was off. Noise from the main restaurant/bar was slightly audible. Noise levels measured in the patio at position 1-6 were found to be Leq-60.3 dB(A) and the maximum level was Lmax-63.7 dB(A). 2.3 SUMMARY OF INTERIOR MEASUREMENTS The following Table I summarizes the measured noise levels and conditions within the interior spaces of the 3-Thirty-3 Waterfront restaurant. Table I Position Measurement Conditions Measured Levels Location 1-1 Restaurant/Bar Background music, patron conversation 74.9 dB(A)-Leq 83.7 dB(A)-Lmax 1-2 Restaurant/Bar Live music, patron conversations 87.1 dB(A)-Leq 93.4 dB(A)-Lmax 1-3 Dining Patio Background music and patrons in main restau- 60.0 dB(A)-Leq rant/bar. (2)diners in patio. 69.7 dB(A)-Lmax I-4 Dining Patio Live music and patrons in main restaurant. (8) 64.2 dB(A)-Leq diners in patio. 70.9 dB(A)-Lmax Live music and patrons in main restaurant. (8) 69.5 dB(A)-Leq 1-5 Dining Patio diners in patio. Doorto restaurant/bar tempo- 71.6 dB(A)-Lmax rarily held open during measurements. I-6 Dining Patio Patio closed to diners. Background music,pa- 60.3 dB(A)-Leq trons in main restaurant. 63.7 dB(A)-Lmax SECTION 3 - EXTERIOR MEASUREMENT RESULTS To determine the baseline exterior noise levels experienced outside of the 3-Thirty-3 Waterfront restau- rant and verify whether or not compliance with the City of Newport Beach noise ordinance is achieved, acoustical measurements were conducted at several exterior locations around the restaurant. m�m m�m m�m 52 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 13 Levels were measured on the nearby docks immediately adjacent to the 3-Thirty-3 restaurant and also at the docks close to the adjacent commercial buildings. Additionally, measurements were conducted on the boat dock directly across the bay from the restaurant which is the closest point and therefore a "worst-case" measurement position between the restaurant and the residences. 3.1 MEASUREMENTS AT DOCKS NEAREST RESTAURANT (See Figure C for exterior noise level measurement positions.) Exterior noise levels were measured on the nearby docks closest to the 3-Thirty-3 Waterfront restau- rant, the adjacent SOL Cocina restaurant and the Black Starr Frost commercial building starting at ap- proximately 7:20 pm. These measurements were conducted with approximately 35 patrons in the 3- Thirty-3 restaurant/bar and along with background music playing. The dining patio was open with two diners inside. Conversations from a small private party on the exterior waterfront patio of the Black Starr Frost build- ing was audible at measurement positions E-1 and E-2 adjacent to the 3-Thirty-3 restaurant and also at position E-3 near the Black Starr Frost building. Exterior Position E-1 Measurement position E-1 was located on the dock immediately outside the 3-Thirty-3 main restau- rant/bar. The main noise sources were from conversations and laughing at the party at the Black Starr Frost building, traffic noise from Pacific Coast Highway, and to a lesser degree from Bayside Drive. Ad- ditionally, two (2) commercial jets flew overhead during this test along with a motorcycle accelerating vigorously on Pacific Coast Highway. Noise from within the 3-Thirty-3 building was inaudible during the test. Noise levels measured on the dock at position E-1 were found to be Leq-52.8 dB(A) and the maximum level was Lmax-58.7 dB(A). Exterior Position E-2 Measurement position E-2 was located on the dock directly outside the 3-Thirty-3 dining patio which was open and serving dinner during the test. The main source of noise was conversations from the party at the adjacent building and from traffic on Pacific Coast Highway and Bayside Drive. There were no aircraft overflight events during the test or unusual traffic events. Noise from within the 3-Thirty-3 building main restaurant/bar and dining patio was inaudible during the test. Noise levels measured on the dock at position E-2 were found to be Leq-49.3 dB(A) and the maximum level was Lmax-54.7 dB(A). �9 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 14 7 -1 •. 5j staurane 251 E Coast Hwy. �•• - r� �MeasuremenL Kitcl'ien Project Site 333,fayside s' -- \ . ndining w bar8r_as .r re tau. fon .` t � �`Diningy alio Measurement Position E-2 'S - ory,com is --Measuremen g. t ayside�' Position E-5, E-6, y E-7, E-8 S ` Exterior • patio ement Po tion E-3 f�� 15]51 Bersr Fin Pond Fb� EXTERIOR MEASUREMENT LOCATIONS C201M C"11V,CA 91387 3-THIRTY-3 WATERFRONT 1'396 :zsn ou r rvc F.(66I�31W783 Exterior Position E-3 60 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 15 Measurement position E-3 was located on the dock directly outside the Black Starr Frost commercial building which was hosting a small party on the patio located at the southwest elevation of the build- ing nearest the waterfront. There were typically 5-6 people sitting at a patio table or standing on the exterior patio, and several others passing in and out of the opened entry doors to the building. The main source of noise was from conversations and laughing at the party, and from traffic on Pacific Coast Highway and Bayside Drive. There were no aircraft overflight events or unusual traffic generat- ed noise events noted during the test. Noise from the 3-Thirty-3 building was inaudible at this location. Noise levels measured on the dock at position E-3 were found to be Leq-54.9 dB(A) and the maximum level recorded was Lmax-63.0 dB(A). Exterior Position E-4 Measurement position E-4 was located on the dock directly outside the SOL Cocina restaurant which was crowded with patrons dining inside. The primary noise experienced at this location was from traffic on Pacific Coast Highway. Occasionally, conversations from inside the SOL Cocina restaurant were slightly audible, however not loud enough to be intelligible. There were no aircraft overflight events or unusual traffic generated noise events noted during the test. Noise from the 3-Thirty-3 building was inaudible at this location, and the party at Black Starr Frost was occasionally slightly audible due to laughing by the party attendees. Noise levels measured on the dock at position E-4 were found to be Leq-52.7 dB(A) and the maximum level recorded was Lmax-59.5 dB(A). 3.1 MEASUREMENTS AT DOCK ACROSS BAY NEAREST RESIDENCES (See Figure C for exterior noise level measurement positions.) Acoustical measurements were conducted on 10 and 11 April and again on 24 and 25 April at the pri- vate boat dock serving 104 Linda Isle which is the closest location to the 3-Thirty-3 restaurant from the Linda Isle residences. The residence is under major renovation and currently vacant. No boats were tied at the dock. On the dock,there was a direct line of sight to the 3-Thirty-3 Waterfront main restau- rant and dining patio and would therefore be considered the "worst case' scenario. As further noted below, the tests conducted on 10 and 11 April were witnessed by Mr. Don McCalla, the owner of the residence located at 105 Linda Isle. The City of Newport Beach noise ordinance paragraph 10.26.055 Noise Level Measurement discusses measurement positions for measuring exterior noise. Paraphrasing, "The location selected for measur- ing exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balco- ny normally used for human activity..." We typically might not include a boat dock among any of the approved areas stated in the ordinance however we will utilize the measurements taken at the residential dock in our report as a "worst-case" m�n m�m m�m 01 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 16 condition. If a dock is not considered a habitable, measurable area, the noise levels at the nearest property line from a source generated at the 3-Thirty-3 restaurant would be approximately 1.0 dB(A) lower and almost 2 dB(A) lower at the nearest occupied residence at 105 Linda Isle. The difference in noise levels from traffic on Coast Highway between the dock and the nearest resi- dential property line would be insignificant. Exterior Position E-5 Acoustical measurements were conducted on the 104 Linda Isle boat dock at approximately 8:20 p.m.at which time there were approximately 45 patrons in the main restaurant/bar along with back- ground music playing. The dining patio was open serving eight seated diners. The primary noise levels on the dock during this measurement were from traffic on Coast Highway, and conversations and laughing from the party at the Black Starr Frost patio. There was one commer- cial jet overflight and one general aviation aircraft overflight. The metal gate at the dock nearest the commercial buildings was slammed shut during the test. Also included in this measurement were mi- nor audible conversations at the SOL Cocina restaurant, and a horn honk from an auto on Coast High- way. Noise from within the 3-Thirty-3 building main restaurant and dining patio was inaudible during the test. Noise levels measured on the dock at position E-5 were found to be Leq-56.3 dB(A) and the maximum level was Lmax-65.2 dB(A). Exterior Position E-6 Acoustical measurements were conducted on the 104 Linda Isle boat dock starting at 10:45 p.m. at which time there were approximately 45 patrons in the main restaurant/bar with the live jazz band performing. The dining patio was closed. The patio party at the Black Starr Frost building had stopped prior to these measurements. The main source of noise was due to vehicular traffic noise on Pacific Coast Highway. During this test a motorcycle accelerating from the stop light at Coast Highway/Bayside Drive was audible, as was the low frequency bass from an automobile audio system as it drove past the site on Coast Highway. Addi- tionally, two (2) commercial jets could be heard taking off from John Wayne Airport, however did not fly directly overhead. Noise from within the 3-Thirty-3 building was inaudible during the test. Noise levels measured on the dock at position E-6 were found to be Leq-48.9 dB(A) and the maximum level was Lmax-54.0 dB(A). This test was witnessed by Linda Isle resident Mr. Don McCalla. Exterior Position E-7 Immediately following test E-6 on the residential boat dock, it was confirmed via telephone call that the live band had finished their last set for the night. Acoustical measurements were then conducted on the dock with the background music playing in the main restaurant along with 35-40 patrons. The 3-Thirty-3 dining patio was closed. As in the previous tests,the main source of noise was due to vehicular traffic noise including motorcy- cles and an automobile horn on Pacific Coast Highway. An emergency vehicle siren was audible for m�m m�m m�m 02 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 17 slightly over 1 minute during the measurement, however the vehicle never became visible. A helicop- ter flying far east of the sight was observed and slightly audible. A commercial aircraft flew past the site at a high elevation Noise from the 3-Thirty-3 restaurant was inaudible during the test. Noise levels measured on the dock at position E-6 were found to be Leq-49.1 dB(A) and the maximum level was Lmax-56.5 dB(A). This test was also witnessed by Mr. Don McCalla. Exterior Position E-8 An additional set of acoustical measurements were conducted on Thursday night 24 April and Friday morning 25 April at the 104 Linda Isle boat dock starting Thursday night at 10:35 p.m. and concluding Friday morning at 1:50 a.m. These tests were conducted to determine the ambient conditions near the residences over a longer period which included sound levels from the jazz band performing at the 3-Thirty-3 restaurant/bar; levels following the live music when the background music was restarted; existing sound levels immediately prior to 1:00 a.m. when the patio is proposed to remain open; and sound levels immediately following 1:00 a.m. when the patio would be closed. Additionally, meas- urements conducted durinchis site visit could be used to verify the accuracy of the test results con- ducted on April 101n and 11' . To show the general trend in ambient sound conditions over the entire measurement period, 5 minute incremental Leq measurement periods were conducted which are in the graph on Figure D near the end of this report. The noise levels measured for the events described above relative to the proposed 1:00 a.m. patio closing time are shown in the following Table II. Measurements were conducted April 24`n and 25`n Table II Proposed Patio Measurement Event or Change in Leq Lmax Operation Period Conditions Conditions dB(A) dB(A) 10:35 p.m.to Jazz band playing in 3-Thirty- 11:00 P.M. 3 restaurant/bar. Patio 48.9 65.4 closed. 11:00 P.M.to Jazz band stopped, back- 11:40 pm ground music on in restau- 48.2 61.8 rant/bar. Patio closed. Patio proposed Same as above however w/ C be open per loud bird (possibly domestic) CUP 11:00 P.M.to 11:40 p.m.to 1:00 a.m. 12:00 a.m. in 8'—10'flowering hedge in 53.9 62.6 the northeast corner of 105 Linda Isle. 12:00a.m.to Jazz band stopped, back- 1:00 a.m. ground music on in restau- 46.1 62.4 rant/bar. Patio closed 1:05 a.m.to Bird returned to 105 Linda 1:10 amIsle hedge. 54.0 66.9 . . Patio closed per 1:00 a.m.to CUP. 1:50 a.m. Jazz band stopped, back- ground music on in restau- 45.2 62.7 rant/bar. Patio closed City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 18 SECTION 4 - PREDICTION OF FUTURE SOUND LEVELS (Dining patio open until 1:00 a.m. and 100% occupied) The 3-Thirty-3 Waterfront restaurant owner filed an application requesting a new conditional use permit to extend hours of operation of the dining patio until 1:00 am. Approval of the conditional use permit is subject to the conditions set forth in Exhibit A "Conditions of Approval" which is on file with the City. We've paraphrased the salient architectural/acoustical, construction, and use mitigation measures of the Conditions of Approval below: 4.c Require that the outdoor patio windows and roof openings be closed at the currently required time of 7:00 p.m. daily. 5. All doors and windows of the interior of the eating and drinking establishment shall re- main closed at all times except for the ingress and egress of patrons and employees. 10. The outdoor dining area shall be limited to a maximum of 37 seats, including disabled seats/table space. 14. Prior to implementation of the late hours on the outdoor dining patio, the appli- cant/operator shall submit a valet parking plan for review and approval by the Public Works Department . The valet plan shall include the location of valet parking pick-up and drop-off area so as to be shielded from nearby residences on Linda Isle by the sub- ject restaurant building... 33. No outside paging system or loudspeaker device shall be used in conjunction with this establishment. 34. No live entertainment shall be permitted in the outdoor dining area. 35. No dancing shall be allowed on the premises of the eating and drinking establishment. During our measurements the following conditions were observed: The Conditions of Approval refer to the "outdoor" patio. The patio is now fully enclosed. The exteri- or windows of the dining patio were closed, as were all roof panels. We observed that the staff was diligent in keeping the interior doors serving the dining patio closed except during egress and ingress. The interior doors were never left ajar. Dining patrons were al- ways escorted into the patio by restaurant staff who always closed the immediately following the en- trance. The valet station was centrally located at the northeast elevation facing Bayside Drive and Pacific Coast Highway fully shielded from the residences at Linda Isle. No exterior or interior paging or announce system was heard or observed during our inspection and measurement program. The only substantial difference between the conditions of our measurements and those in the Condi- tions of Approval is that the total number of diners we measured was eight, and the Conditions of City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 19 Approval allow up to thirty seven (37). To calculate the noise levels at the residences across the bay due to 100%occupancy in the dining room, we will utilize the following steps annotated below. 1. Determining Dining Patio Interior Noise Levels at 100% Occupancy (Sound Pressure Level -SPL) During interior measurements of the patio, we observed that the typical noise environment in- cluded conversations of diners and occasional servers, silverware clanking on plates, and heel- click on the patio's hard flooring finish. During our noise survey, eight people were dining in the patio however thirty seven seats are al- lowed by the Conditions of Approval. Using the assumption that additional diners in the patio will generate, on average, the same level of noise per person (at a fixed distance) as the diners that we measured in the patio, a correction can be applied to predict the average noise level that would be produced by a larger number of diners as follows: Noise correction for number of diners (dB) = 10 log(np/ne) Where np and ne are the proposed 37 diner maximum capacity, and the 8 diners seated in the en- closed dining patio respectively. The eight diners measured in the dining room were seated at tables fairly located uniformly throughout the patio and the noise levels of Leq-64.2 dB(A) were measured at position 1-5 along the west elevation of the patio directly facing the bay and Linda Isle residences. The closest diner was approximately 5' from the measuring microphone. Based on the assumption that additional diners would generate the same or similar sound levels, increasing the number of diners to 37 would theoretically increase the noise levels in the patio by 7 decibels. For safety, we will use an increase of 10 decibels in our calculations, therefore the noise levels in the patio with 37 diners would become Leq-75 dB(A) — rounded up to the next whole integer. 2. Determining Exterior SPL's due to Dining Patio Interior Noise Levels The sound pressure levels outside the patio are calculated next with the use of the following equation: SPLA,,,=SPLin—TL-6 SPLo t: Sound levels outside the restaurant due to 37 diners SPI.;,,: Sound levels inside the restaurant due to 37 diners=75 dB(A) TL: Transmission loss provided by the existing wall and roof constructions. (Each are calculated separately in sections 3.a and 3.b below) 3. Noise Reduction of Patio Exterior Envelope 3.a Noise Reduction Provided by Exterior Wall The southwest exterior elevation of the patio with exposure to the bay and residences is 28' long x 8' high. Approximately 40% of the exterior wall is constructed of%" thickness glass bi-fold win- dows installed with airtight resilient seals at the entire perimeter and mechanical latching mecha- m• n t■�m t■�m 05 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 20 nisms which compress the perimeter gasketing when locked. No gaps or other leaks were ob- served at the windows during our inspection. The remaining 60% of the exterior wall is constructed of wood panels at the interior side of 2x framing with a plaster finish at the exterior side of the wall. Utilizing in-office proprietary transmission loss data for the Y4" glass and solid wall areas of the wall, the composite existing exterior wall constructed of 40% glass and 60% solid wall construc- tion is calculated to provide 28 dB(A) of transmission loss for the octave band noise spectrum measured in the dining patio. Revisiting the equation above for determining exterior sound levels: SPLo t=SPL;,,—TL-6 Spl a.t=75 dB(A)—28 dB(A) -6 SPLo t=41 dB(A) To determine the noise levels at the residences across the bay, the exterior SPLo„t is converted to sound power levels (Lw) via the following equation: Lwwau= SPLO,+ 10log Awau-10 Lw wail : Sound power levels at exterior wall surface SPL.„t: Sound levels outside the restaurant due to 37 diners (41 dB(A)) Await : Area of radiating surface—(224 sgft) Lwwajj=41d B(A) +24-10 Lwwaii = 55 LW(A) (Sound power level at exterior wall surface is 55 Lw(A)J. 3.b Noise Reduction Provided by Roof Assembly The roof of the patio is constructed of nominal 2' x 5'x 10 mm thickness polycarbonate panels at- tached via steel tubes to the top member of the wood trusses. The drawings show that approxi- mately 2/3 of these panels are operable, however were all closed during our measurements. The roof slopes from the southwest and northeast walls of the patio to the high point of the wood trusses. The polycarbonate panel roof construction is calculated to provide 24 dB(A) of transmission loss for the 75 dB(A) noise spectrum generated by 37 diners in the patio. For the roof construction, interior noise levels generated in the dining patio will radiate vertically upwards through the roof which does not directly face the residences and therefore the noise re- duction at the residences will actually be greater than that calculated. We predict that the actual noise reduction provided by the patio roof, in the horizontal plane towards the residences would be closer to 29 dB(A) instead of 24 dB(A) noted above We will however use the worst-case 24 dB(A) of noise reduction for the roof assembly in our cal- culations. Revisiting the equation above for determining exterior sound levels: SPLo t=SPL;,,—TL-6 SPLo t=75 dB(A)—24 dB(A) -6 SPLo t=45 dB(A) m�m m�m m�m 00 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 21 As for the wall calculations above, the exterior SPL,„t for the roof are converted to sound power levels (Lw) via the following equation: Lw,oaf=SPLa„t+ 10log Ar.&-10 SPLo f: Sound levels outside the restaurant due to 37 diners (45 dB(A)) Aroof : Area of radiating roof surface—(336 sqft) Lwroof=45 dB(A) +25 -10 Lwroof=60 Lw(A) (Sound power level at the exterior roof surface is 60 Lw(A)). Combining the sound power levels for the exterior wall and roof assemblies, the total sound power level is: {55 Lw(A)µa +60 Lvv(A),OOf)= 61 Lw(A). 4. Noise Levels at Residences Due to 100% Patio Occupancy Determining sound pressure levels at any given distance from a source when the sound power levels at the source location are known can be calculated using the equation below: 10log Q— [10log (4 n d2)—10] Q= (4) Assuming 1/4 spherical radiation having two reflecting surfaces D = (210') Distance to closest receptor (boat dock)from patio. Therefore the reduction in sound at the residential dock due to patio operation is: 10log 4— [10log(4 r<2102)— 10] =-41 decibels Using these calculations, the total sound power level of 61 Lw(A) at the patio (which includes 3 dB safety margin) will decrease 41 decibels 210'from the source. Therefore the calculated noise level at the closest dock across the bay is 20 dB(A). The noise levels experienced at the residential property line or buildings at distances greater than the 210' used will be approximately 1 dB(A) less. The following Figure D shows graphically the noise levels present at the residential boat dock imme- diately across the bay from the 3-Thirty-3 Waterfront restaurant measured in the nighttime hours on Thursday 24 April and early morning hours of Friday 25 April. The City of Newport Beach noise ordi- nance is based on 15 minute Leq averaged sampling periods however to show greater detail of the environment over time, the average Leq levels were measured and shown in Figure D in shorter 5 minute averaged Leq's. The maximum noise levels, Lmax, shown in Figure D are the maximum levels recorded during each 5 minute measuring period. During these late night measurements, the background noise was due to traffic on Coast Highway, commercial and general aviation overflights at differing elevations, occasional helicopter noise, etc. Over the course of the measurement, infrequent conversations in the parking lots of the 3-Thirty-3 and SOL Cocina restaurant were audible, but not intelligible. City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 22 The noise levels measured and typical environment observed on 24 and 25 April concur with the lev- els and environment measured on 10 and 11 April. Figure D also shows the predicted noise levels at the residential boat dock due to the operation of the dining patio at 100%occupancy based on the calculations presented above. It can be seen that noise levels from typical patio activity will be at least 20 dB(A) lower than the am- bient conditions measured at the residential boat dock. Figure D Measured Existing Noise Levels and Predicted Noise Levels Due to Patio Operation Noise Levels at Linda Isle Residences Measured 24&25 April 2014 80 70 a' W 60 v N d a 50 d D 40 w J d 30 N W 20 C 10 N 0 pG m g e in h 0 0 H •ri rry N m m $ v N in O O eri y! N N m m S a N N O O eri ej N N m -n O V .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. N .�, .�, 00 5 Minute Measurement Periods —Average levels measured-Leq during 5 minute periods —Maximum levels measured-Lmax during 5 minute periods Predicted noise levels at residences from patio operation-100%occupied �g City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 23 SECTION 5 - MEASUREMENT SUMMARY This report was prepared to determine the effects on the community noise environment in the nearby vicinity of the 3-Thirty-3 Waterfront restaurant if the dining patio were to remain open until 1:00 a.m. from the present closing time of 9:30 p.m. Additionally noise measurements were conducted in the community as well as within the 3-Thirty-3 restaurant interiors to determine the existing noise levels and to serve as a baseline acoustical criterion for which to compare the future noise levels with the din- ing patio open until 1:00 a.m. At the boat docks nearest the restaurants and commercial building, noise levels in the early evening were found to range from Leq-49 dB(A) to Leq-53 dB(A), depending primarily on traffic noise events, commercial jet overflights, and level of acoustical shielding of traffic noise from the existing nearby buildings. At the "worst-case" residential boat dock across the bay from the 3-Thirty-3 Waterfront building, the early evening noise levels were found to be Leq-56 dB(A), also due primarily to traffic on Coast Highway and aircraft operations. During the early evening measurements,there was a small party on the patio of the Black Starr Frost building which contributed to the acoustical environment. In the late night — early morning hours, measurements conducted on the residential boat dock deter- mined that during the hours of approximately 10:30 p.m. to 12:00 a.m. the noise levels were found to be Leq-48-49 dB(A). Between the hours of 12:00 a.m. to 1:00 a.m. the noise levels were determined to be Leq-46 dB(A), and between the hours of 1:00 a.m.to approximately 2:00 a.m., the noise levels at the residential dock were Leq-45 dB(A). The 3-Thirty-3 restaurant hosts a live jazz band on Thursday nights from 8:00 p.m. to 11:00 p.m. which generate higher noise levels within the restaurant than the balance of the days when only background music is played. These conditions were measured on the residential docks and compared below. To verify that the measurements conducted on the residential boat dock were accurate, consistent, and reliable,tests were conducted two different days for data verification. On April 10`h and ll`h noise levels measured on the boat dock prior to 11:00 p.m. during the live music performance were found to be 48.9 dB(A). After the band stopped for the evening, the levels measured at the boat dock actually increased slightly to Leq-49.1 dB(A). The live music performance was measured again on the boat dock on April 24th and 25th and the levels were again were found to be 48.9 dB(A)for the same conditions measured April 10`h and 11`h. When the band stopped playing at 11:00 p.m.,the levels on the boat dock were Leq-48.2 dB(A). It is reasonable to determine via measurements as well as listening tests, that activity within the 3- Thirty-3 Waterfront restaurant does not affect the acoustical environment at the Linda Isle residences across the bay. SECTION 6 - CONCLUSION Noise levels from the 333 Waterfront restaurant must satisfy the noise criteria set forth in both the pro- ject Conditions of Approval as well as the City of Newport Beach Noise Ordinance. �J City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 24 CONDITIONS OF APPROVAL In reference to item 4.a. of the project Conditions of Approval,the following sections compare the noise levels in the main restaurant and patio, attenuation provided by the building exterior envelope con- structions of both spaces, and the resultant exterior noise levels. Main Restaurant Activity Noise Levels Noise measurements conducted within the main restaurant area from patrons and the playback of background music resulted in noise levels of Leq-74.9 dB(A) within the interior of the main restau- rant. During these same conditions, noise levels at the residential dock across the bay were meas- ured at Leq-56.3 dB(A), however these measurement results were due primarily to noise generated by the small party at the exterior of the adjacent Black Starr Frost building. Noise levels within the interior of the main restaurant from patron conversations during a live music performance were measured and determined to be Leq-87.1 dB(A). Measurements conducted be- tween 10:35 pm and 11:00 pm at the residential dock during the live music performance resulted in a noise level of Leq-48.9 dB(A). Based on these data,the total noise reduction provided by the main building exterior envelope along with the correction for distance to the residential dock is [87.1 dB(A) — 48.9 dB(A)] or 38.2 dB(A). This is a conservative number and the actual noise reduction would be greater than this however the exterior measurements were limited by exterior noise levels from surface traffic. We note that noise from the main restaurant during playback of background music and live music was inaudible to this listener at the residential boat dock. Additionally, noise levels from patron noise and background music was also inaudible at the private docks immediately adjacent to the west elevation of the main restaurant. Dining Patio Activity Noise Levels Noise levels and potential impacts to the community generated by a calculated 100% occupancy of the patio are discussed in Section 4 of this report. Noise level measurements conducted within the dining patio of eight people dining in the patio were extrapolated to thirty-seven diners (100% occu- pancy) resulting in calculated interior levels of Leq-75 dB(A). Noise levels at the residential docks due to the noise reduction provided by the patio enclosure and the correction for distance to the residen- tial boat docks is predicted to be 20 dB(A) based on the calculated 75 dB(A) interior noise levels. Therefore the total noise reduction provided by the patio enclosure and the correction for distance to the residential dock is [75 dB(A)—20 dB(A)] or 55 dB(A). In summary, the predicted noise levels of Leq-20 dB(A) generated by the patio operation at full occu- pancy is substantially less than the measured noise levels of Leq-48.9 dB(A) for the main restaurant dur- ing the "worst-case" live musical performances thus satisfying condition 4.a of the project Conditions of Approval. CITY OF NEWPORT BEACH NOISE ORDINANCE The maximum allowable Leq-55 dB(A) daytime/Leq-50 dB(A) nighttime noise levels set forth in the City of Newport Beach Exterior Noise Ordinance was not exceeded by 3-Thirty-3 Waterfront restaurant activ- ities or operations during our measurements which were based on "worst-case" noise conditions. m�m j0 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 25 The City of Newport Beach Interior Noise Ordinance states that maximum allowable noise levels when measured indoors cannot exceed Leq-45 dB(A) during the day, and Leq-40 dB(A) during the night—or 10 dB(A) less than the allowable exterior noise levels. With over 33 years experience including substantial field testing work, we have found that interior noise levels when measured in accordance with the standards set forth in the noise ordinance, are consistently about 10 dB(A) lower than the measured exterior noise levels. During the daytime or early evening hours, the exterior noise level at the residential boat dock was found to be Leq-56 dB(A) due to traffic, aircraft noise, and party on the Black Starr Frost patio. Based on our experience, the interior noise levels would be about 10 dB(A) less or Leq-46 dB(A) due to the exteri- or sources noted. Although these levels exceed the City of Newport Beach Leq-45 dB(A) maximum al- lowable interior noise levels presented in 10.26.030, these levels are generated by ambient conditions, not from private or commercial nearby properties. Therefore the Leq-46 dB(A) interior levels would sat- isfy the interior noise level requirements. During the nighttime hours, the exterior noise levels at the residential boat docks ranged from Leq-45 dB(A) to Leq-49 dB(A) due to traffic and aircraft noise. This would result in the interior noise levels of a nearby residence to range from Leq-35 dB(A) to Leq-39 dB(A) due to the sources noted. These levels satisfy the City of Newport Beach maximum allowable Leq-40 dB(A)interior noise level ordinance. Based on data measured at the site as well as calculations presented herein,we conclude that the dining patio remaining open to 1:00 a.m. per the CUP would have no adverse effects on the noise levels in the adjacent community. This concludes our report. Please feel free to call with any questions or comments. Sincerely yours, RS Acoustics Inc. Robert Schmidt, Principal Consultant C:\Users\Public\Documents\Projects\333 Waterfront\Documents\Reports\333 Bayside Tst Rpt 140521-R.docx �1 V� QP �P Attachment No. PC 6 Acoustical Monitoring Report Quarter 1 73 V� QP �P M� = M��M ml��M RS ACOUSTICS INC 15751 Beaver Run Road Canyon Country, CA 91387 P:(661)251-3965 F: (661)310-3783 3-THIRTY-3 WATERFRONT RESTAURANT NEWPORT BEACH, CALIFORNIA ACOUSTICAL ANALYSIS & MEASUREMENT TEST REPORT Prepared for: City of Newport Beach Planning Division/Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Prepared by: RS Acoustics Inc. 15751 Beaver Run Rd. Canyon Country, CA 91387 Phone: (661) 251-3965 Fax: (661) 310-3783 Date: 22 August 2014 Report No. 140104-Q1 This report presents the results of an acoustical analysis and noise measurement program conducted at the 3-Thirty-3 Waterfront restaurant and surrounding areas in Newport Beach, California. This noise analysis is required for condition use permit No. UP2011-007 (PA2011-041). Consultants in Architectural Acoustics & Noise Control 715 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 2 PROJECT DESCRIPTION The 3-Thirty-3 Waterfront restaurant is located at 333 Bayside Drive in Newport Beach, California as shown on the vicinity map on Figure A. The building is located on the waterfront fairly centered be- tween the SOL Cocina restaurant located at 251 E. Coast Highway, and the Black Starr Frost jewelers building located at 241 Bayshore Drive. All three buildings share a common parking lot with entrance/exits serving the adjacent Coast Highway and Bayside Drive. The 3-Thirty-3 restaurant is located approximately 95' from the centerline of Bayside Drive, and approximately 175'from the centerline of Coast Highway. To the southwest of the 3-Thirty-3 restaurant across the bay, is a private residential neighborhood lo- cated on Linda Isle. The closest residential building is approximately 225' from the closest southwest dining patio elevation. The nearest boat dock serving these residences is approximately 200' from the southwest dining patio elevation. Z G 4 157515mvrFWn Roatl Vicinity Map Flgure: Canyon Counry.CA 81367 P(661) 3965 3-Thirty-3 Waterfront . A R A OUST OS NL R31166p 31b3163 project Noe 1500814 Drawn by: N.DA Date: 22 AU$2014 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 3 GENERAL The City of Newport Beach has processed an application for a conditional use permit for the 3-Thirty-3 Waterfront restaurant located at 333 Bayside Drive. The project consists of a restaurant/bar, an en- closed dining patio, and valet assisted parking. Conditional Use Permit No. UP2011-07 was approved to extend the operating hours of the dining patio from 9:30 p.m. to 1:00 a.m. This acoustical measurement program and report are prepared per the mandatory obligations of item 4.b. of the project Conditions of Approval (Exhibit A of the CUP) which requires that community noise levels be monitored and reported quarterly for at least one year. The Conditions of Approval language is included below: 4. The Outdoor Dining Patio shall be subject to the following requirements: b. Require the applicant to fund a quarterly monitoring test and report by an acoustical engineer selected by the Community Development Director as to meeting city codes. The monitoring shall include a minimum of one Thursday, Friday, or Saturday between the hours of 10:00 p.m. and 1:00 a.m. of operation until the one-year review by the Planning Commission. The monitoring program shall be subject to the review and ap- proval of the Community Development Director. At least one such monitoring test shall take place during the months of July or August. Code compliance includes compliance with Municipal Code Chapter 10.26, Community Noise Control. Per the request of The City of Newport Beach, RS Acoustics Inc. conducted noise level measurements in the nighttime hours on Friday, August 15 extending into Saturday morning August 16 2014. Acoustical measurements were conducted on the private boat dock serving the 104 Linda Isle residence located approximately 200' from the 333 Waterfront patio as shown in Figure B further in this report. Along with the undersigned, Ms. Makana Nova of the City of Newport Beach was in attendance during the majority of the tests. COMMUNITY NOISE ASSESSMENT METRICS In general, community noise measurements or assessments refer to descriptions of the exterior noise environment in the vicinity of inhabited areas. Descriptions of noise usually include the time and spatial variations in the outdoor noise environment throughout a specific area so that descriptions are relevant to the effect on people within the specified area. A-weighted sound level "dB(A)" is one of the most widely used methods of stating community noise de- sign goals and regulations in terms of a single number rating system. A-weighted sound levels are ob- tained with a sound level meter incorporating an electronic weighting network that de-emphasizes the low frequency portions of the noise spectrum, to automatically compensate for the lower sensitivity of the human ear to low frequency sounds. High frequency components of sound, 1000Hz and above are relatively unchanged in A-weighting networks as the human ear is fairly equally sensitive to all sounds occurring in this high frequency range. The single A-weighted sound level is the sum of all A-weighted sound energy within the measured frequency range. City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 4 The City of Newport Beach utilizes A-weighted sound levels in their noise ordinance to quantify allowa- ble noise levels which are averaged over a specific time period. This time component is specified to al- low for varying noise conditions such as the fluctuating noise levels associated with vehicular traffic stopping or accelerating from an intersection. The resultant level would be the average of all sound lev- els measured within the stated time period. The noise ordinance of The City of Newport Beach requires that noise measurements be conducted and averaged over a 15 minute period, with a sound level meter set for a slow response averaging time. The result is termed a "15 minute L,Q", (Equivalent Noise Level) and is measured and presented in A- weighted decibels levels. By definition, a 15 minute Leq is the A-weighted sound level corresponding to a steady-state sound level containing the same total sound energy as a time-varying signal over the 15 minute period. For short duration or impact sounds, the City of Newport Beach utilizes the Lm,x metric or (Maximum Sound Level). This metric is also expressed in A-weighted decibels, and per the requirements of the or- dinance is measured at the slow response averaging time. L.., noise levels quantify the highest sound level measured or recorded during a designated time interval or event. CITY OF NEWPORT BEACH NOISE STANDARDS The following noise level standards and requirements relative to this project are excerpted from the City of Newport Beach Municipal Code Chapter 10.26 Community Noise Control. 10.26.020 Designated Noise Zones The properties hereinafter described assigned to the following noise zones: Noise Zone I All single-,two-, or multiple-family residential properties. Noise Zone 11 All commercial properties Noise Zone III The residential portion of mixed-use properties Noise Zone IV All manufacturing or industrial properties 10.26.025 Exterior Noise Standards A. The following noise standards, unless otherwise specifically indicated, shall apply to all proper- ty within a designated noise zone: Allowable Exterior Noise Level Noise Type of Land Use (Equivalent Noise Level,Leq) Zone 7:00am-10:00 pm 10:OOpro—7:00am I Single-,two-,or multiple-family residential. 55 dB(A) 50 dB(A) II Commercial 65 dB(A) 60 dB(A) III Residential portions of mixed use properties 60 dB(A) 50 dB(A) IV Industrial or Manufacturing 70 dB(A) 70 dB(A) If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or oth- m�m m�m m�m 72 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 5 erwise controlled by such person, which causes the noise level when measured on any other property,to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty(20) dB(A) for any period of time (measured using A-weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that com- mercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.055 Noise Level Measurement A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measure- ment microphone height shall be five feet above finish elevation or, in the case of a deck or bal- cony,the measurement microphone height shall be five feet above the finished floor level. TEST EQUIPMENT Noise levels measurements were conducted with the following equipment. Acoustic calibration of measuring equipment was conducted immediately prior to and following the test procedures: • Larson Davis Type 824 Type I integrating one-third octave band sound level meter • Larson Davis Model PRM902 microphone preamplifier • Larson Davis Type CAL200 precision Class I sound level calibrator calibrated to a reference traceable to the National Institute of Standards and Technology. • Larson Davis Type 2560 %:" microphone accepted to meet the specifications of IEC 60651 and ANSI 51.4-1983 Type 1. Measurement equipment satisfies the American National Standards Institute (ANSI) Standard 1.4 for Type 1 precision sound level measurements as well as all requirements for testing equipment for the City of Newport Beach. �Q City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 6 Sol Cocina restaurant �Zer 33 Ba a Acoustical measurement position * ► i k_.r►— Audible music, talking, laughing from boat Burin �►- measurements. See report. �! . ~ J !� ..t ^''«'RWRoan Acoustical Measurement Positions Figure: u,c(6ry,cne,es' 3-Thirty- RS -Thirt 3 Waterfront a:teen n,aes6 Y- RS A OU T S NF.-(661)X10 M rolea Na:te00814 Drewn by: N.D.A. De,e: 22 Aug mm mem m�m 20 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 7 ACOUSTICAL MEASUREMENT RESULTS Measurements were conducted on 15 and 16 August 2014 on the 104 Linda Isle boat dock having a di- rect line-of-sight across the bay to the restaurant patio which is the closest point and therefore repre- sents a "worst-case" measurement condition between the restaurant and the residences. This resi- dence is under major renovation and currently vacant and no boats were tied at the dock. See Figure B for noise level measurement position. The main 333 Waterfront restaurant/bar was open until 2:00 a.m. and the attached patio was open until 1:00 a.m. We did not verify the occupancy loads during the tests however it could be seen through the windows that customers were in both the main restaurant and in the patio. Measured noise levels are presented in Tables I and II below. The data is presented in the City Noise Ordinance required 15 minute Leq's, as well as short term 3 minute Leq's to show any general trend- ing, and to better illustrate the fluctuating higher and lower noise levels which get averaged out in the longer term 15 minute Leq's. Summarizing, the primary noise levels on the dock during the full duration of the measurements were from traffic on Coast Highway. Additionally, up until 12:00 a.m. a boat docked outside the Black Starr Frost jewelry building playing music, along with conversations and laughing from people on the boat dock were also a major contributor to the noise environment. Throughout the tests additional audible noise sources included multiple occurrences of a metal gate being slammed shut at the dock behind the Sol Cocina restaurant, occasional conversations and auto door slamming from the parking lot serving the Sol Cocina and 333 Waterfront, and minor aircraft op- erations. Noise from within the 3-Thirty-3 building main restaurant and dining patio was inaudible during the entirety of the tests. TABLE I NIGHTTIME NOISE LEVELS MEASURED 15-16 AUG 2014 BOAT DOCK Intermediate 15 min Measure- Descriptions/Observations Leq Patio Patio Date ment Times L cl dB(A)vels During Measurements dB(A) Open Closed Levels Music,talking,laughter from boat at dock* Metal gate at dock slammed. Conversations from parking lot near Sol Cocina restau- E 10:15 54.2 rant. X �- Aircraft takeoff from 1 WA.(not over site) v Aircraft overflight-high altitude o Traffic noise from PCH. 52.4 Music,talking,laughter from boat at dock* mMetal gate at dock slammed. 10:25 53.7 Commercial aircraft overflight-high altitude X u+ Traffic noise from PCH. Motorcycle accelerating from traffic signal. 10:30 53.0 Music,talking,laughter from boat at dock* X Traffic noise from PCH m�m m�m m�m 21 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 8 Intermediate 15 min Measure- Descriptions/Observations Leq Patio Patio Date ment Times Leq LevelsA) During Measurements dB(A) Open Closed Levels Music,talking,laughter from boat at dock* Metal gate at dock slammed. 10:35 50.9 Traffic noise from PCH. x Conversations from parking lot between Sol Cocina and 333 Bayside restaurant. Commercial aircraft overflight-high altitude Music,talking,laughter from boat at dock* 10:40 50.6 Traffic noise from PCH including rapid auto acceleration X from signal(2x). Music,talking,laughter from boat at dock* 10:45 50.7 Traffic noise from PCH including rapid auto acceleration X from signal(2x). 11:00 Sheriff arrives at boat playing music. X Music,talking,laughter from boat at dock slightly re- 11:30 50.0 duced* 50.0 X Traffic noise from PCH- Commercial aircraft overflight-high altitude Music,talking,laughter from boat at dock slightly re- 11:45 51.5 duced* 51.5 X Traffic noise from PCH. Motorcycle accelerating from traffic signal. 12:00—12:03 48.9 Traffic noise from PCH. X Auto door slam between Sol Cocina and 333 Bayside. 12:03—12:06 SLM battery replacement/recalibrate 49.0 X 12:06—12:09 SLM battery replacement/recalibrate (9 min X Leq) 12:09—12:12 49.0 Traffic noise from PCH. X 12:12—12:15 49.3 Traffic noise from PCH. X 12:15—12:18 50.0 Traffic noise from PCH. X Motorcycle on PCH. 12:18—12:21 48.5 Traffic noise from PCH. X 12:21-12:24 48.5 Traffic noise from PCH. 48.7 X 12:24—12:27 47.9 Traffic noise from PCH. X a 12:27—12:30 48.5 Traffic noise from PCH- X 12:30—12:33 47.9 Traffic noise from PCH. X Y m 12:33—12:36 48.5 Traffic noise from PCH. X Traffic noise from PCH. 12:36—12:39 50.0 Motorcycle on PCH. X Traffic noise from PCH. 49.8 12:39—12:42 51.3 Motorcycle passing on PCH. X Car door slam in 333 Bayside parking lot. Laughing and conversations in 333 Bayside parking lot. 12:42—12:45 50.5 Traffic noise from PCH. X Traffic noise from PCH. 12:45—12:48 57.2 Small boat playing music slowly cruising past dock in X harbor.(±3 minute duration) Traffic noise from PCH. 53.2 12:48—12:51 54.0 Motorcycle on PCH accelerating from signal. X Motorcycle passing on PCH. 12:51—12:54 49.3 Traffic noise from PCH. X I♦I��I♦ 8� City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 9 Intermediate 15 min Measure- Descriptions/Observations 1-eq Patio Patio Date ment Times L LevelsA) During Measurements dB(A) Open Closed Levels 12:54-12:57 48.3 Traffic noise from PCH. X Traffic noise from PCH. 12:57-1:00 51.0 Two motorcycles passing on PCH. X Small electric boat leaving dock near 333 Bayside. 1:00-1:03 49.9 Traffic noise from PCH. X 1:03-1:06 49.3 Traffic noise from PCH. X 1:06-1:09 48.6 Traffic noise from PCH. 49.1 X 1:09-1:12 49.0 Traffic noise from PCH. X Cars leaving 333 Bayside parking lot. 1:12-1:15 48.3 Traffic noise from PCH. X Traffic noise from PCH. 1:15-1:18 48.4 Conversation in 333 Bayside parking lot. X 1:18-1:21 46.3 Traffic noise from PCH. X 1:21-1:24 45.3 Traffic noise from PCH. 47.2 X 1:24-1:27 48.6 Traffic noise from PCH. x Door slam in 333 Bayside parking lot. 1:27-1:30 46.6 Traffic noise from PCH. X 1:30-1:33 47.5 Traffic noise from PCH. X 1:33-1:36 43.1 Traffic noise from PCH. X 1:36-1:39 47.8 Traffic noise from PCH. 46.7 X 1:39-1:42 47.0 Traffic noise from PCH. X 1:42-1:45 46.6 Traffic noise from PCH. X 1:45-1:48 48.2 Traffic noise from PCH. X 1:48-1:51 47.7 Traffic noise from PCH. X 1:51-1:54 47.3 Traffic noise from PCH. 47.5 X 1:54-1:57 46.1 Traffic noise from PCH. X 1:57-2:00 47.8 Traffic noise from PCH. X 2:00-2:03 46.2 Traffic noise from PCH. X 2:03-2:06 48.0 Traffic noise from PCH. X 2:06-2:09 46.2 Traffic noise from PCH. 46.9 X 2:09-2:12 47.5 Traffic noise from PCH. X 2:12-2:15 46.1 Traffic noise from PCH. X * Boat docked outside Black Starr Frost jewelers with music,conversations,laughing. mI m marl• m�m RS City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 10 TABLE II COMPARISON OF NIGHTTIME NOISE LEVELS MEASURED APRIL 2014 AND AUGUST 2014 AT BOAT DOCK Levels Measured 4/10, 4/11, 4/24, 4/25 Levels Measured 8/15, 8/16 Measured Measured Noise Levels Noise Levels Time General Conditions Leq Lmax Time General Conditions Leq Lmax dB(A) dB(A) dB(A) dB(A) 10:35 pm 10:15 pm Music,talking,laughter Jazz band playing in 3-Thirty-3 from boat at dock* to restaurant/bar.Patio closed. 48.9 65.4 to Traffic noise from PCH. 52.4 59.7 11:00 pm 11:00 pm Patio open. 11:00 pm Jazz band stopped, background 11:00 pm Music,talking,laughter to music on in restaurant/bar. 48.2 61.8 to from boat at dock 50.0 57.8 11:40 pm Patio closed. 11:45 pm Traffic noise from PCH. Patio open. Same as above however w/loud 11:40 pm bird (possibly domestic) in 8' — 11:45 pm Music,talking,laughter to 10' flowering hedge in the 53.9 62.6 to from boat at dock 51.5 59.0 12:00 am northeast corner of 105 Linda 12:00 am Traffic noise from PCH. Isle. Patio open. 12:00 am Jazz band stopped, background 12:00 am Traffic noise from PCH. to music on in restaurant/bar. 46.1 62.4 to patio open. 50.6 64.0 1:00 am Patio closed 1:00 am 1:00 am Jazz band stopped, background 1:00 am Traffic noise from PCH. to music on in restaurant/bar. 45.2 62.7 to patio closed. 47.7 57.3 1:50 am Patio closed 1:45 am 1:4L am Traffic noise from PCH. 47.2 49.3 atio closed. 2:15 am P MEASUREMENT SUMMARY & CONCLUSIONS This report was prepared to determine the effects on the community noise environment in the nearby vicinity of the 3-Thirty-3 Waterfront restaurant if the dining patio were to remain open until 1:00 a.m. Noise measurements were conducted in the community on 10, 11, 24, and 25 April 2014 to determine the existing noise levels and to serve as a baseline acoustical criterion for which to compare the future noise levels with the dining patio open until 1:00 a.m. At the "worst-case' residential boat dock serving 104 Linda Isle across the bay from the 3-Thirty-3 Wa- terfront building, the noise levels were measured between 10:00 pm and 1:00 pm per the Conditions of Approval however we elected to extend the measurement time until 2:15 am to determine if the com- munity noise levels changed when the 3-Thirty-3 Waterfront restaurant/bar closed at 2:00 am. As noted above, in addition to the measuring 15 minute Leq dB(A) measurement intervals, we elected also to measure shorter 3 minute Leq dB(A) intervals to better illustrate the varying ambient conditions which get smoothed or averaged into the 15 minute measurement intervals. m�m m�m m�m 24 City of Newport Beach 3-Thirty-3 Acoustical Test Report Page 11 During our most recent 15 and 16 August 2014 site visit, measurements conducted prior to 12:00 a.m. were generated by audible music, laughing, and conversations on a boat docked adjacent to the Black Starr Frost jewelers building. The sheriff's department visited the boat at 11:00 p.m. and the music lev- els were slightly reduced, albeit still audible at the acoustic measuring position on the boat dock. The music stopped or became inaudible at 12:00 a.m. In addition to noise generated on the docked boat, traffic noise from PCH was consistently audible and a predominant source of noise contributing to the acoustical environment. During the nighttime hours leading up to 12:00 a.m. the measured noise levels ranged from a low of 50.0 dB(A) Leq to a high of 52.4 dB(A) Leq due to PCH traffic and music and conversation on the docked boat discussed above. As the measured 50.0 dB(A) Leq satisfies the City of Newport Beach Noise ordi- nance of 50 dB(A) Leq, and noise from the 3-Thirty-3 restaurant/bar and new patio were inaudible throughout this measurement period, noise levels generated by the 3-Thirty-3 building must therefore also satisfy the City of Newport Beach Noise Ordinance. During the time period of 12:00 a.m. and 1:00 a.m. the 15 minute Leq's were found to be 49.0 dB(A), 48.7 dB(A), 49.8 dB(A) and 53.2 dB(A) Leq. Three of the four 15 minute Leq's satisfy the City of Newport Beach Noise Ordinance of 50 dB(A) Leq. The 53.2 dB(A) Leq measurement (which does not satisfy the City noise ordinance) was due in part to motorcycles accelerating from the signal at PCH and more pre- dominantly a small boat playing music slowly cruising east past the measurement position, turning around and cruising west past the measurement position again. If noise generated by music on the small boat cruising the harbor were deleted from the data, all four 15 minute Leq's would satisfy the City of Newport Beach Noise Ordinance. And as noise from the 3-Thirty-3 restaurant/bar and new patio was inaudible throughout this measurement period, noise levels generated by the 3-Thirty-3 building must therefore also satisfy the City of Newport Beach Noise Ordinance. During the time period of 1:00 a.m. and 2:15 a.m. the noise levels ranged between 46.9 dB(A) Leq and 49.1 dB(A) Leq. The predominant source of noise in this measurement period was due to PCH traffic. Occasional parking lot activity in the 3-Thirty-3 Waterfront and Sol Cocina restaurant was also audible. Noise from the 3-Thirty-3 restaurant/bar and new patio building were inaudible throughout this meas- urement period. All Leq measurements recorded during this period satisfy the City of Newport Beach Noise Ordinance and as noise from the 3-Thirty-3 restaurant/bar and new patio were inaudible throughout these measurements, noise levels generated by the 3-Thirty-3 building must therefore also satisfy the City of Newport Beach Noise Ordinance. Based on measured data and listening tests at the "worst case' 104 Linda Isle boat dock location, noise generated by the 3-Thirty-3 restaurant/bar and new patio satisfy the City of Newport Beach Noise Ordi- nance. This concludes our report. Please feel free to call with any questions or comments. Sincerely yours, RS Acoustics Inc. Robert Schmidt, Principal Consultant C:\Users\Public\Documents\Projects\333 Waterfront\Documents\Reports\740820 333 Bayside quarterly Tst Rpt v7.docx gJ� V� QP �P g� Attachment No. PC 7 Acoustical Monitoring Report Quarter 2 27 V� QP �P gg M� = M��M ml��M RS ACOUSTICS INC 15751 Beaver Run Road Canyon Country, CA 91387 P:(661)251-3965 F: (661)310-3783 3-THIRTY-3 WATERFRONT RESTAURANT NEWPORT BEACH, CALIFORNIA ACOUSTICAL ANALYSIS & MEASUREMENT TEST REPORT Prepared for: City of Newport Beach Planning Division/Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Prepared by: RS Acoustics Inc. 25031 Avenue Stanford, Suite 80 Santa Clarita, CA 91355 Phone: (661) 251-3965 Fax: (661) 310-3783 Date: 19 December 2014 Report No. 141215-Q3 This report presents the results of an acoustical analysis and noise measurement program conducted at the 3-Thirty-3 Waterfront restaurant and surrounding community in Newport Beach, California. This noise analysis is required by conditional use permit No. UP2011-007 (PA2011-041). Consultants in Architectural Acoustics & Noise Control g9 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 2 PROJECT DESCRIPTION The 3-Thirty-3 Waterfront restaurant is located at 333 Bayside Drive in Newport Beach, California as shown on the vicinity map in Figure A below. The building is located on the waterfront fairly centered between the SOL Cocina restaurant and the Black Starr Frost jewelers building which all share a common parking lot with entrance and exits to the adjacent Coast Highway and Bayside Drive. The 3-Thirty-3 Waterfront building is located approximately 95' from the centerline of Bayside Drive, and approximate- ly 175'from the centerline of Coast Highway. To the south/southwest of the 3-Thirty-3 Waterfront restaurant and across the bay, is a private residen- tial neighborhood on Linda Isle. The closest residence is approximately 225' from the 333 Waterfront dining patio. Each Linda Isle residence has direct access to a private, individual boat dock. The private boat dock nearest to the 3-Thirty-3 Waterfront dining patio is at the residence of 104 Linda Isle which is approximately 200' from the southwest elevation of the 3-Thirty-3 Waterfront dining patio. s !� 333 waee}rrant ... ....a3'x`_. _.` �st a oc—f i afton Jr } 25031 Ave.5tanfwd,SNte 80 Vicinity Map Rguw Santa :(661.25-3965 1355 P:166])251-3965 3-Thirty-3 Waterfront F:1661)31U3R3 cousncs we Prolect NO.: 1600814 JDram by: NAA Date: 19 Dec 2014 GENERAL The City of Newport Beach has processed an application for a conditional use permit for the 3-Thirty-3 Waterfront restaurant located at 333 Bayside Drive. The project consists of a restaurant/bar, an en- closed dining patio, and valet assisted parking. Conditional Use Permit No. UP2011-07 was approved to extend the operating hours of the dining patio from 9:30 p.m. to 1:00 a.m. 9� City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 3 This acoustical measurement program and report are prepared per the mandatory obligations of item 4.b. of the project Conditions of Approval (Exhibit A of the CUP) which requires that community noise levels be monitored and reported quarterly for at least one year. The Conditions of Approval language is included below: 4. The Outdoor Dining Patio shall be subject to the following requirements: b. Require the applicant to fund a quarterly monitoring test and report by an acoustical engineer selected by the Community Development Director as to meeting city codes. The monitoring shall include a minimum of one Thursday, Friday, or Saturday between the hours of 10:00 p.m. and 1:00 a.m. of operation until the one-year review by the Planning Commission. The monitoring program shall be subject to the review and ap- proval of the Community Development Director. At least one such monitoring test shall take place during the months of July or August. Code compliance includes compliance with Municipal Code Chapter 10.26, Community Noise Control. Per the request of The City of Newport Beach, RS Acoustics Inc. conducted noise level measurements in the nighttime hours on Saturday, 6 December extending into Sunday morning 7 December 2014. Acous- tical measurements were conducted on the private boat dock serving the 104 Linda Isle residence locat- ed approximately 200'from the 333 Waterfront patio as shown in Figure B in this report. Detailed acoustical test results of this measurement program, along with summary results of earlier test programs are presented herein. Along with the undersigned, Ms. Makana Nova of the City of Newport Beach was in attendance during this test program. COMMUNITY NOISE ASSESSMENT METRICS In general, community noise measurements or assessments refer to descriptions of the exterior noise environment in the vicinity of inhabited areas. Descriptions of noise usually include the time and spatial variations in the outdoor noise environment throughout a specific area so that descriptions are relevant to the effect on people within the specified area. A-weighted sound level "dB(A)" is one of the most widely used methods of stating community noise de- sign goals and regulations in terms of a single number rating system. A-weighted sound levels are ob- tained with a sound level meter incorporating an electronic weighting network that de-emphasizes the low frequency portions of the noise spectrum, to automatically compensate for the lower sensitivity of the human ear to low frequency sounds. High frequency components of sound, 1000Hz and above are relatively unchanged in A-weighting networks as the human ear is fairly equally sensitive to all sounds occurring in this high frequency range. The single A-weighted sound level is the sum of all A-weighted sound energy within the measured frequency range. The City of Newport Beach utilizes A-weighted sound levels in their noise ordinance to quantify allowa- ble noise levels which are averaged over a specific time period. This time component is specified to al- low for varying noise conditions such as the fluctuating noise levels associated with vehicular traffic stopping or accelerating from an intersection. The resultant level would be the average of all sound lev- els measured within the stated time period. 92 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 4 The noise ordinance of The City of Newport Beach requires that noise measurements be conducted and averaged over a 15 minute period, with a sound level meter set for a slow response averaging time. The result is termed a "15 minute Leq", (Equivalent Noise Level) and is measured and presented in A- weighted decibels levels. By definition, a 15 minute Leq is the A-weighted sound level corresponding to a steady-state sound level containing the same total sound energy as a time-varying signal over the 15 minute period. For short duration or impact sounds, the City of Newport Beach utilizes the Lma, metric or (Maximum Sound Level). This metric is also expressed in A-weighted decibels, and per the requirements of the or- dinance is measured at the slow response averaging time. Lma, noise levels quantify the highest sound level measured or recorded during a designated time interval. CITY OF NEWPORT BEACH NOISE STANDARDS The following noise level standards and requirements relative to this project are excerpted from the City of Newport Beach Municipal Code Chapter 10.26 Community Noise Control. 10.26.020 Designated Noise Zones The properties hereinafter described assigned to the following noise zones: Noise Zone I All single-,two-, or multiple-family residential properties. Noise Zone II All commercial properties Noise Zone III The residential portion of mixed-use properties Noise Zone IV All manufacturing or industrial properties 10.26.025 Exterior Noise Standards A. The following noise standards, unless otherwise specifically indicated, shall apply to all proper- ty within a designated noise zone: Allowable Exterior Noise Level Noise Type of Land Use (Equivalent Noise Level,Leq) Zone 7:00am-10:00pm 30:00pm-7:00am I Single-,two-,or multiple-family residential. 55 dB(A) 50 dB(A) 11 Commercial 65 dB(A) 60 dB(A) III Residential portions of mixed use properties 60 dB(A) 50 dB(A) IV Industrial or Manufacturing 70 dB(A) 70 dB(A) If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or oth- erwise controlled by such person, which causes the noise level when measured on any other property,to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty(20) dB(A) for any period of time (measured using A-weighted slow response). m�m m�m m�m 92 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 5 C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that com- mercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.055 Noise Level Measurement A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measure- ment microphone height shall be five feet above finish elevation or, in the case of a deck or bal- cony,the measurement microphone height shall be five feet above the finished floor level. TEST EQUIPMENT Noise levels measurements were conducted with the equipment noted below. Acoustic calibration of measuring equipment was conducted immediately prior to and following the test procedures as well as following the replacement of equipment batteries when required. • Larson Davis Type 824 Type I integrating one-third octave band sound level meter • Larson Davis Model PRM902 microphone preamplifier • Larson Davis Type CAL200 precision Class I sound level calibrator calibrated to a reference traceable to the National Institute of Standards and Technology. • Larson Davis Type 2560 F" microphone which meets the specifications of IEC 60651 and ANSI 51.4-1983 Type 1. Measurement equipment satisfies the American National Standards Institute (ANSI) Standard 1.4 for Type 1 precision sound level measurements as well as all requirements for testing equipment for the City of Newport Beach. 93 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 6 ant f - 333 Bayside pati Audible talking, laughing from boat during See report. Acoustical y t measurement T • position ..- 75031 Ave.Stanford,CIAita,CA 15o Acoustical Measurement Positions Figure; Sano Chris,(5-3355 P:155u753-3966 3-Thirty-3 Waterfront RS/+COUS7ICS INC v(6611310-3793 ProjWt No.:1600814 IDravr,by: N.D.A. Date: 19 Dec 2014 m�m mem 9-� City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 7 ACOUSTICAL ENVIRONMENT Acoustical measurements were conducted during the nighttime on Saturday 6Dec beginning slightly af- ter 10:00 p.m. and concluding Sunday morning 7Dec slightly before 2:00 a.m. The sound level meter microphone was located at +4' above the 104 Linda Isle boat dock during the entirety of the test pro- gra m. This measurement location has a direct line-of-sight and is closest to the 333 Waterfront building/patio and therefore represents a "worst-case" measurement condition for any noise levels generated by the 3-Thirty-3 Waterfront patio and the residences on Linda Island. This particular residence has been under major renovation and is currently vacant with no boats tied at the dock. The main 3-Thirty-3 Waterfront restaurant/bar typically remains open until 2:00 a.m. and the attached patio is now open until 1:00 a.m. We did not verify the occupancy loads during the tests however it could be seen through the windows that customers were in both the main restaurant and in the patio throughout the measurements. The general acoustical environment and observed events during the 6Dec/7Dec measurement pro- gram is described below: • Throughout the duration of the tests, the primary source of noise was generated via surface traffic on Pacific Coast Highway, and to a lesser degree traffic on Bayside Drive. • During the tests,traffic on Pacific Coast Highway was free-flowing with speeds of approximate- ly 45-50 MPH. Fairly consistent traffic was present on Bayside Drive during the beginning of the test, however dropped off significantly after approximately 11:30 pm. • Regular occurrences of autos and motorcycles accelerating from the signal at PCH and Bayside Drive were audible and noted throughout the measurement program. • An emergency vehicle with siren traveling northbound on PCH occurred at approximately 12:30 a.m. A second emergency vehicle siren was also heard at approximately 1:30 a.m. from an unknown offsite location. • Several commercial aircrafts flew over the site during the measurement program, typically in a north/south direction and at high altitude. We did not observe or hear any aircraft operations from the nearby John Wayne airport. • A metal gate serving the boat docks from the parking lot located at the southwest corner of Sol Cocina restaurant slammed shut multiple times during the measurement program. The self- closing mechanism allows the metal gate to be slammed directly against its steel frame. (This could most probably be remedied via installation of neoprene bumpers or isolation pads at- tached to the gate or frame at any point of potential contact.) • During the measurement program, we noted six (6) occurrences of audible conversations and/or laughing from the parking lot areas between the 333 Waterfront and adjacent Sol Cocina restaurant or the Black Starr Frost building. These events are noted in the following Table I and were typically audible but unintelligible. One occasion of a woman in the parking lot shouting out another's name was also noted. 9� City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 8 • A single horn beep from an automobile in the 333 Waterfront parking lot along with a separate event of three short beeps from an auto alarm being set was also noted during the measure- ments. • At the beginning of the measurements, conversations and laughing from several people at the deck of the Black Starr Frost jewelry building were audible. We assume these were people at- tending a party or similar event at the jewelry building however were gone by approximately 10:45 p.m. • A motorcycle starting and idling for several minutes before riding away from the parking lot near the 333 Waterfront building occurred at approximately 12:00 a.m. • Between 10:45 pm and 11:45 pm, we observed constant talking, laughing, occasional shouting and screaming from a small party of four people on the exterior deck at the stern of a boat docked approximately 100' from our measurement position. See Figure B for location of this boat. Noise levels from this activity generated the highest maximum noise levels during this time period and is noted in Table I below. In general, highest traffic noise levels occurred when automobiles on Pacific Coast Highway were passing directly past the 3-Thirty-3 Waterfront building, and was especially audible when accelerating away from a stop at the signal at Bayside Drive. ACOUSTICAL MEASUREMENT RESULTS Noise levels measured on 6Dec and 7Dec are presented in Table I below along with descriptions of the general acoustical environment and any special acoustic events which occurred during each measure- ment interval. Sound levels are rounded to the nearest whole integer and presented in A-weighted 15 minute Leq's in accordance with the City of Newport Beach noise ordinance. TABLE I NIGHTTIME NOISE LEVELS MEASURED AT 104 LINDA ISLE BOAT DOCK 6-7 DECEMBER 2014 Measurement Measured Patio Period 15 min. Acoustic Environment Description Stop/Start L� -d6(A) Operation o Background noise generated via traffic on PCH. o Conversations occasionally audible from deck of Black Starr Frost jewelry bldg.throughout this test. o Horn in parking lot between 333 Waterfront and Black Starr 10:10 pm/ Frost building. 10:25 pm 54 o Commercial aircraft overflight(2x). Open o Motorcycle accelerating from signal on PCH. o Small private electric boat motored east past measurement dock,turned around near boat slips outside 333 Waterfront and motored away to the east. o Auto accelerating"briskly"from signal on PCH. �q�w� City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 9 Measurement Measured Patio Period 15 min. Acoustic Environment Description Stop/Start to -dB(A) Operation o Background noise generated via traffic on PCH. o Person calling to another in parking lot of 333 Waterfront. 10:25 pm/ 52 o Motorcycle accelerating from signal on PCH. 10:40 pm o Metal gate slam on boat dock. Open o Multiple horn beeps from setting of auto alarm in parking lot near Black Starr Frost building. o Background noise generated via traffic on PCH. o Conversation,shouting, and laughing from people in exterior 10:45 pm/ 54 deck of boat directly across from measurement dock. See Oen 11:00 pm Figure B for location. p o Young girl screaming on back of boat. o Commercial aircraft overflight. o Background noise generated via traffic on PCH. c Conversation and laughing from people in exterior deck of 11:00 pm/ boat directly across from measurement dock. 11:15 pm 54 o Motorcycle accelerating from signal at PCH. Open o Conversation audible between two men in parking lot be- tween 333 restaurant and Black Starr Frost building. o Automobile accelerating from signal on PCH. o Background noise generated via traffic on PCH. o Conversation and laughing from people in boat directly 11:20 pm/ 52 across from measurement dock. 11:35 pm o Motorcycle on PCH. Open o Truck accelerating from signal on PCH. o Metal gate slam on boat dock near Sol Cocina restaurant. o Background noise generated via traffic on PCH. o Conversation and laughing from people inside boat cabin di- 11:35 pm/ 53 rectly across from measurement dock. Open 11:50 pm o High altitude commercial aircraft overflight o Metal gate slam on boat dock near Sol Cocina restaurant. o Background noise generated via traffic on PCH. o Metal gate slam on boat dock near Sol Cocina restaurant. o Woman shouting in parking lot between 333 restaurant and Black Starr Frost building. 122:0 1 :0 pm am/ 53 o Motorcycle start and long idle period in parking lot between Open Sol Cocina and 333 restaurant before driving away. o Conversation in parking lot near Sol Cocina restaurant. o Commercial aircraft overflight at high altitude. o Motorcycle accelerating from signal on PCH. 12:05 am/ o Background noise generated via traffic on PCH. 12:20 am 51 o Conversation in parking lot near Sol Cocina restaurant. Open o Automobile backfire on PCH. o Background noise generated via traffic on PCH. o Small inflatable boat motors to dock between Sol Cocina and 12:20 am/ 53 333 restaurant,stays briefly then motors away. Open 12:35 am o Metal gate slam on boat dock near Sol Cocina restaurant. o Emergency vehicle with siren from south on PCH. 9� City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 10 Measurement Measured Patio Period 15 min. Acoustic Environment Description Stop/Start L.',-dB(A), Operation 12:40 am/ 50 o General background noise generated via traffic on PCH. Open 12:55 am o Background noise generated via traffic on PCH. o Commercial aircraft overflight at high altitude. 12:55 am/ 50 o Laughing slightly audible from parking lot near 333 Water- Open/ 1:10 am front. Closed o Short-term conversation from parking lot between 333 res- taurant and the Black Starr Frost building. o Background noise generated via traffic on PCH. o Sheriff's department power boat idling past measurement position,turned around,approached our location to inquire 1:20 am/ 54 about our being on the dock. Closed 1:35 am o Short-term conversation from parking lot near Sol Cocina restaurant. o Automobile door slam from parking lot near 333 restaurant. o Emergency vehicle siren off in distance audible. 1:35 am/ 51 o Background noise generated via traffic on PCH. 1:50 am o Automobile accelerating from signal on PCH. Closed Several short-term measurements were conducted between midnight and the conclusion of the tests when transient, non-stationary activity such as vehicular traffic, people talking or laughing, gate slam- ming, aircraft overflights, etc., were not visible or audible. This was done to help determine the noise levels generated only by the 3-Thirty-3 Waterfront restaurant patio or other stationary sources and were conducted while the 3-Thirty-3 Waterfront patio was both open and closed. During these short-term tests, the noise levels were found to range between 46 dB(A) and 49 dB(A)with no significant or repeatable difference noted with the patio being open or closed. Noise directly associ- ated with the 3-Thirty-3 building main restaurant and dining patio was inaudible to this writer during the entirety of the tests. COMPARATIVE MEASUREMENT RESULTS The following Table II presents a listing and comparison of the measurement test results conducted on the 104 Linda Isle boat dock for each of the three measurement programs conducted by our office in April,August, and December of 2014. The April measurements were conducted on Thursday night/Friday morning when the 3-Thirty-3 Water- front restaurant hosted a live jazz band playing live music until 10:00 p.m. There are no live music per- formances on Friday or Saturday nights, only background music played from the restaurant audio sys- tem within the restaurant/bar areas. Also of note is that the volume of localized traffic on PCH is higher on Friday and Saturday nights during the August and December measurements than that of the Thurs- day weeknight measurement. The noise levels presented in Table II are A-weighted 15 minute Leq's rounded to the nearest whole in- teger. The individual test start/finish times have been normalized or modified slightly with respect to m�m m�m m�m 92 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 11 each other due to the slightly different start/finish times of the tests that were conducted during each of the April, August and December test programs. This slight modification is to allow for a direct comparison of the measured levels at the same general time for each of the three separate test days. For example, in August the 15 minute Leq noise levels at midnight were measured immediately at 12:00 a.m. and concluded at 12:15 a.m. In the December measurements, the 15 minute Leq noise levels were actually started at 12:05 a.m. and concluded at 12:20 a.m. To allow for a simpler and direct comparison, the 12:00 a.m. August measurements are compared di- rectly to the 12:05 a.m. measurements of December in Table II only. Note that the actual start/finish times and results for the recent December tests are shown accurately in Table I above. TABLE II COMPARISON OF NOISE LEVELS MEASURED 4/2014,8/2014,AND 122014 Measurement Dates Measurement Measuring Met- 4/10,4/11, Time ric 4/24,&4/25 8/15,&8/16 12/6, &12/7 (Thursday night) (Friday night) (Saturday night) 10:15-10:30 dB(A)- Leq * 54 54 dB(A)-Lmax * 65 65 10:30-10:45 dB(A)- Leq 50 52 52 dB(A)- Lmax 65 64 61 dB(A)- Leq 49 51 54 10:45-11:00 dB(A)-Lmax 65 58 65 dB(A)- Leq 47 ** 54 11:00-11:15 dB(A)- Lmax 62 ** 67 dB(A)- Leq 49 ** 52 11:15-11:30 dB(A)- Lmax 65 ** 68 11:30-11:45 dB(A)- Leq 50 50 53 dB(A)- Lmax 61 56 60 11:45-12:00 dB(A)- Leq 54 52 53 dB(A)- Lmax 63 59 59 12:00-12:15 dB(A)- Leq 47 49 51 dB(A)- Lmax 62 56 62 12:15-12:30 dB(A)- Leq 47 49 53 dB(A)-Lmax 61 65 64 12:30-12:45 dB(A)- Leq 45 50 50 dB(A)- Lmax 55 65 59 99 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 12 Measurement Dates Measurement Measuring Met- 4/10,4/11, Time ric 4/24,&4/25 8/15, &8/16 12/6, &12/7 (Thursday night) (Friday night) (Saturday night) dB(A)- L, 44 53 50 12:45-1:00 dB(A)- Lmax 52 67 61 dB(A)- LeQ 51 49 ** 1:00-1:15 dB(A)-Lmax 67 59 1:15-1:30 ** dB(A)-Leq 46 47 54 dB(A)- Lmax 63 53 59 1:30-1:45 dB(A)- LeQ 44 47 51 dB(A)-Lmax 53 54 58 dB(A)-Leq 45 48 *' 1:45-200 dB(A)- Lmax 63 57 No data. Measurement programs not yet started or already concluded. ** Measurements interrupted due to unusual conditions on site or battery replacement required for sound level meter. The following Table III compares the most recent noise levels measured in December 2014 with the baseline measurements conducted in April 2014 and also provides notes and comments describing the measurement conditions during the December measurements. The maximum (Lmax) measurements recorded throughout the tests are far under that allowed by the ordinance (ambient + 20 dB) and are not included in the following Table III. TABLE 111 COMPARISON OF NOISE LEVELS MEASURED 42014,AND 122014 4/10,4/11, 12/6, 12/7 Change in Measurement Measuring 4/24,4/25 (Saturday Measured Comments Time Metric (Thursday night) Levels night) 10:15-10:30 dB(A)-Laq * 54 10:30-10:45 dB(A)-Leq 50 52 +2 10:45-11:00 dB(A)-Laq 49 54 +5 Conversations, laughing and occasional dB(A)-Leq 47 54 +7 screaming on boat deck across from 11:00-11:15 dB(A)_ measurement location. 62 67 +5 Lmax Small motor boat motors past meas- 11:15-11:30 dB(A)-Laq 49 52 +3 urement location. 11:30-11:45 dB(A)-Laq 50 53 +3 11:45-12:00 dB(A)-Leq 54 53 _1 No appreciable change from baseline levels. m�m m�m m�m 100 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 13 4/10,4/11, 12/6, 12/7 Change in Measurement Measuring 4/24,4/25 Time Metric (Thursday (Saturday Measured Comments night) Levels night) Conversations and laughing on boat deck across from measurement loca- 12:00-12:15 dB(A)- Leq 47 51 +4 tion. Multiple gate slams when party broke up and people left. Boat motoring past measurement posi- 12:15-12:30 dB(A)-Leq 47 53 +6 tion,turning around,and past meas- urement position again. 12:30-12:45 dB(A)-Leq 45 50 +5 General traffic noise from PCH. Emergency vehicle siren on PCH 12:45-1:00 dB(A)-Leq 44 50 +6 General traffic noise from PCH. * No data. Measurement programs not yet started or already concluded. MEASUREMENT SUMMARY & CONCLUSIONS This report is part on an on-going study to measure and determine any impacts on the community noise environment in the nearby vicinity of the 3-Thirty-3 Waterfront restaurant with the dining patio remain- ing open until 1:00 a.m. Noise measurements were conducted on April 10/11 and 24/25, 2014 when the patio closed at 10:00 p.m. to determine the existing noise levels and to serve as a baseline acoustical criterion for which to compare the future noise levels with the dining patio open until 1:00 a.m. In addition to the December measurements reported herein, acoustical measurements were also con- ducted on August 15/16, 2014 to verify whether any significant changes in the acoustical environment at the residential community had occurred with the extended operation time of the 3-Thirty-3 Waterfront dining patio. The measurement position for acoustical tests was on the boat dock serving the 104 Linda Isle residence which is the closest residential private property to the 3-Thirty-3 Waterfront patio and also has a direct line-of-site to the patio. During the time period of 10:00 p.m.to 1:00 a.m. with the patio open,the 15-minute noise levels ranged from Leq-50 to Leq-54 with the average level for the entire 3 hour period being Leq-52. This compares to the 15-minute noise levels measured with the patio closed in April of Leq-44 to Leq-54 and an aver- age 3 hour period of Leq-49. In addition to local traffic and other off-site noises, which are most proba- bly greater on Saturday night than Thursday night, measurements conducted in December included the noise contribution of a party occurring on the deck of a boat 100' from the measurement position, two small motorized boats in the immediate vicinity of the measurement location, and emergency vehicle sirens. During the April baseline noise measurements, noise from docked boats did not contribute to the ambi- ent conditions. Levels measured on Saturday night in December included laughing and shouting on a nearby boat for approximately 2 hours. Measurements conducted on a Friday night in August included music from a nearby boat which lasted approximately 2 hours until the sheriff arrived. The music was lowered when the sheriff departed. 101 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—December 2014 Page 14 Based on the local conditions being different between the April Thursday night measurements and the Friday and Saturday weekend nights measured in August and December, it's difficult to realistically compare the noise levels during the extended operation of the patio between 10:00 p.m. and 1:00 a.m. Several short-term tests were conducted throughout the evening in the absence of local traffic noise when the ambient would be the lowest. During these short-term tests, the noise levels were found to range between 46 dB(A) and 49 dB(A) with no significant or repeatable difference noted when the patio was open or closed. This suggests that the noise from within the 3-Thirty-3 restaurant patio or other nearby stationary sources comply with the 50 dB(A) maximum allowable noise levels stated in the ordi- nance. As noted in the report above, noise levels from activity within the 3-Thirty-3 Waterfront patio were in- audible to this writer. This concludes our report. Please feel free to call with any questions or comments. Sincerely yours, RS Acoustics Inc. Robert Schmidt, Principal Consultant C:\Users\Public\Documents\Projects\333 Waterfront\quarterly testing\141219333 Waterftont qt tst rpt v3.docx 102 Attachment No. PC 8 Acoustical Monitoring Report Quarter 3 10� V� QP �P �o� RS ACOUSTICS INC 15751 Beaver Run Road Canyon Country, CA 91387 P:(661)251-3965 F: (661)310-3783 3-THIRTY-3 WATERFRONT RESTAURANT NEWPORT BEACH, CALIFORNIA ACOUSTICAL ANALYSIS & MEASUREMENT TEST REPORT Prepared for: City of Newport Beach Planning Division/Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Prepared by: RS Acoustics Inc. 25031 Avenue Stanford, Suite 80 Santa Clarita, CA 91355 Phone: (661) 251-3965 Fax: (661) 310-3783 Date: 13 April 2015 Rev: 21 April 2015 Report No. 150413-Q This report presents the results of an acoustical analysis and noise measurement program conducted at the 3-Thirty-3 Waterfront restaurant and surrounding community in Newport Beach, California. This noise analysis is required by Conditional Use Permit No. UP2011-007 (PA2011-041). Consultants in Architectural Acoustics & Noise Control i05 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 2 PROJECT DESCRIPTION The 3-Thirty-3 Waterfront restaurant is located at 333 Bayside Drive in Newport Beach, Califor- nia as shown on the vicinity map in Figure A below. The building is located on the waterfront fairly centered between the SOL Cocina restaurant and the Black Starr Frost jewelers building which all share a common parking lot with entrance and exits to the adjacent Coast Highway and Bayside Drive. The 3-Thirty-3 Waterfront building is located approximately 95' from the centerline of Bayside Drive, and approximately 175' from the centerline of Coast Highway. To the south/southwest of the 3-Thirty-3 Waterfront restaurant and across the bay, is a private residential neighborhood on Linda Isle. The closest residence is approximately 225' from the 333 Waterfront dining patio. Each Linda Isle residence has direct access to a private, individual boat dock. The private boat dock nearest to the 3-Thirty-3 Waterfront dining patio is at the res- idence of 104 Linda Isle which is approximately 200' from the southwest elevation of the 3- Thirty-3 Waterfront dining patio. �x333 Waterfront s1 ee�fTcaflon Pei 25J31 Ave. Suite bU SanuCladu CA91355 Vicinity Map P:(6611151.3965 FO�re: 3-Thirty-3 Waterfront F.(66113304183 H RS ACOUSTICS INC Pruject No.: 1600814 Drawn by: N.DA Dale: 19 DCC 2014 1010 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 3 GENERAL The City of Newport Beach has processed an application for a conditional use permit for the 3- Thirty-3 Waterfront restaurant located at 333 Bayside Drive. The project consists of a restau- rant/bar, an enclosed dining patio, and valet assisted parking. Conditional Use Permit No. UP2011-07 was approved to extend the operating hours of the dining patio from 9:30 p.m. to 1:00 a.m. This acoustical measurement program and report are prepared per the mandatory obligations of item 4.b. of the project Conditions of Approval (Exhibit A of the CUP) which requires that community noise levels be monitored and reported quarterly for at least one year. The Condi- tions of Approval language is included below: 4. The Outdoor Dining Patio shall be subject to the following requirements: b. Require the applicant to fund a quarterly monitoring test and report by an acous- tical engineer selected by the Community Development Director as to meeting city codes. The monitoring shall include a minimum of one Thursday, Friday, or Saturday between the hours of 10:00 p.m. and 1:00 a.m. of operation until the one-year review by the Planning Commission. The monitoring program shall be subject to the review and approval of the Community Development Director. At least one such monitoring test shall take place during the months of July or Au- gust. Code compliance includes compliance with Municipal Code Chapter 10.26, Community Noise Control. Per the request of The City of Newport Beach, RS Acoustics Inc. conducted noise level meas- urements in the nighttime hours on Friday, 27 March extending into Saturday morning 28 March 2015. Acoustical measurements were conducted on the private boat dock serving the 104 Linda Isle residence located approximately 200' from the 333 Waterfront patio as shown in Figure B in this report. Detailed acoustical test results of this measurement program, along with summary results of earlier test programs are presented herein. Along with the undersigned, Ms. Makana Nova of the City of Newport Beach was in attendance during this test program. Access to the private boat dock was courteously provided by the sheriff's department Harbor Patrol. COMMUNITY NOISE ASSESSMENT METRICS In general, community noise measurements or assessments refer to descriptions of the exterior noise environment in the vicinity of inhabited areas. Descriptions of noise usually include the time and spatial variations in the outdoor noise environment throughout a specific area so that descriptions are relevant to the effect on people within the specified area. 10j City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 4 A-weighted sound level "dB(A)" is one of the most widely used methods of stating community noise design goals and regulations in terms of a single number rating system. A-weighted sound levels are obtained with a sound level meter incorporating an electronic weighting net- work that de-emphasizes the low frequency portions of the noise spectrum, to automatically compensate for the lower sensitivity of the human ear to low frequency sounds. High frequen- cy components of sound, 1000Hz and above are relatively unchanged in A-weighting networks as the human ear is fairly equally sensitive to all sounds occurring in this high frequency range. The single A-weighted sound level is the sum of all A-weighted sound energy within the meas- ured frequency range. The City of Newport Beach utilizes A-weighted sound levels in their noise ordinance to quantify allowable noise levels which are averaged over a specific time period. This time component is specified to allow for varying noise conditions such as the fluctuating noise levels associated with vehicular traffic stopping or accelerating from an intersection. The resultant level would be the average of all sound levels measured within the stated time period. The noise ordinance of The City of Newport Beach requires that noise measurements be con- ducted and averaged over a 15 minute period, with a sound level meter set for a slow response averaging time. The result is termed a "15 minute Leq", (Equivalent Noise Level) and is meas- ured and presented in A-weighted decibels levels. By definition, a 15 minute Laq is the A- weighted sound level corresponding to a steady-state sound level containing the same total sound energy as a time-varying signal over the 15 minute period. For short duration or impact sounds, the City of Newport Beach utilizes the Lm� metric or (Max- imum Sound Level). This metric is also expressed in A-weighted decibels, and per the re- quirements of the ordinance is measured at the slow response averaging time. Lma noise lev- els quantify the highest sound level measured or recorded during a designated time interval. CITY OF NEWPORT BEACH NOISE STANDARDS The following noise level standards and requirements relative to this project are excerpted from the City of Newport Beach Municipal Code Chapter 10.26 Community Noise Control. 10.26.020 Designated Noise Zones The properties hereinafter described assigned to the following noise zones: Noise Zone I All single-, two-, or multiple-family residential properties. Noise Zone II All commercial properties Noise Zone III The residential portion of mixed-use properties Noise Zone IV All manufacturing or industrial properties 102 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report- March 2015 Page 5 10.26.025 Exterior Noise Standards A. The following noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone: Allowable Exterior Noise Level Noise Type of Land Use (Equivalent Noise Level, Leq) Zone 7:00 am- 10:00 10:00 pm-7:00 pm am Single-,two-, or multiple-family residen- 55 dB(A) 50 dB(A) tial. II Commercial 65 dB(A) 60 dB(A) III Residential portions of mixed use prop- 60 dB(A) 50 dB(A) erties IV Industrial or Manufacturing 70 dB(A) 70 dB(A) If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, oc- cupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) dB(A) for any period of time (measured using A-weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allow- able noise level under said category shall be increased to reflect the maximum ambi- ent noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise origi- nates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995) 10.26.055 Noise Level Measurement A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activi- YD9 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 6 ty areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five feet above the finished floor level. TEST EQUIPMENT Noise levels measurements were conducted with the equipment noted below. Acoustic cali- bration of measuring equipment was conducted immediately prior to and following the test procedures. • Larson Davis Type 824 Type I integrating one-third octave band sound level meter • Larson Davis Model PRM902 microphone preamplifier • Larson Davis Type CAL200 precision Class I sound level calibrator calibrated to a reference traceable to the National Institute of Standards and Technology. • Larson Davis Type 2560 1/2" microphone which meets the specifications of IEC 60651 and ANSI S1.4-1983 Type 1. Measurement equipment satisfies the American National Standards Institute (ANSI) Standard 1.4 for Type 1 precision sound level measurements as well as all requirements for testing equipment for the City of Newport Beach. 110 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report- March 2015 Page 7 �. -J, i Sol Cocina [ Dt Metal gat 1 G^ Ae®r 333 Bayside pat "X \ ` Acoustical i measurement , position zsoltnKsu.roa.swtaeo Acoustical Measurement Positions Fr:.r Santa CgrRa,CA 91355 V:1661)2513965 3-Thirty-3 Waterfront 27, 28 Mar 2015 n 1661)310.3]83 KV RS ACOUSTICS INC Pf0)eCl No. ifi0Ut114 Dtawr.by. N.D A. Dale: 27 Mar 15 111 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 8 ACOUSTICAL ENVIRONMENT Acoustical measurements were conducted during the nighttime on Friday 27 March beginning at 10:15 p.m. and concluding Saturday morning 28 March at 2:00 a.m. The sound level meter microphone was located at +4' above the 104 Linda Isle boat dock during the entirety of the test program. This measurement location has a direct line-of-sight and is closest to the 333 Waterfront build- ing/patio and therefore represents a "worst-case" measurement condition for any noise levels generated by the 3-Thirty-3 Waterfront patio and the residences on Linda Island. This resi- dence has been under renovation and is currently vacant with no boats tied at the dock. The main 3-Thirty-3 Waterfront restaurant/bar remains open until 2:00 a.m. and the attached patio is now open until 1:00 a.m. We did not verify the occupancy loads during the tests how- ever it could be seen through the windows that customers were in the main restaurant until closing time at 2:00 a.m. Patrons in the patio could be seen until approximately 12:00 mid- night, however lights inside the patio remained on until closing time. The general acoustical environment and observed events during the 27Mar/28Mar meas- urement program is described below: • Throughout the duration of the tests, the primary source of noise was generated via surface traffic on Pacific Coast Highway, and to a lesser degree traffic on Bayside Drive. • During the tests, traffic on Pacific Coast Highway was free-flowing with speeds of ap- proximately 45-50 MPH. • Regular occurrences of autos and motorcycles accelerating from the signal at PCH and Bayside Drive were audible and noted throughout the measurement program. • Emergency vehicle with siren passed the site with noise levels of 59 dB(A) SPL and were also heard from an offsite location and are noted in Table I below. • Several commercial aircrafts flew over the site during the measurement program, typi- cally in a north/south direction and at high altitude. Commercial aircraft landing at John Wayne airport were audible until approximately 11:00 p.m. • A metal gate serving the boat docks from the parking lot located at the southwest cor- ner of Sol Cocina restaurant slammed shut multiple times during the measurement program resulting in 58/59 dB(A) SPL. The self-closing mechanism allows the metal gate to be slammed directly against its steel frame. (This could most probably be remedied via installation of neoprene bumpers or isolation pads attached to the gate or frame at any point of potential contact.) 112 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 9 • During the measurement program, we noted six (6) occurrences of audible conversa- tions and/or laughing from the parking lot areas between the 333 Waterfront and adja- cent Sol Cocina restaurant or the Black Starr Frost building with noise levels ranging between 45/48 dB(A) SPL. These events are noted in the following Table I and were typically audible but unintelligible. • Traffic noise with free flowing conditions were measured at 47/49 dB(A) SPL at the be- ginning of the measurement program and 45/46 dB(A) SPL towards the end of the program near 1:30 a.m. • Noise levels without visible or obvious automobile traffic were measured at 46 dB(A) SPL at the beginning of the program and decreased to 43 dB(A) SPL at the end of the measurements. • Music and minor conversations were audible from within the 333 restaurant and were measured to be 46/47 dB(A) SPL. • Automobiles and motorcycles briskly accelerating from the signal on PCH ranged from 55/58 dB(A) SPL. In general, highest traffic noise levels occurred when automobiles on Pacific Coast Highway were passing directly past the 3-Thirty-3 Waterfront building, and were especially audible when accelerating away from a stop at the signal at Bayside Drive. ACOUSTICAL MEASUREMENT RESULTS Noise levels measured on 27Mar and 28Mar are presented in Table I below along with descrip- tions of the general acoustical environment and any special acoustic events which occurred during each measurement interval. Sound levels are rounded to the nearest whole integer and presented in A-weighted 15 minute Leq's in accordance with the City of Newport Beach noise ordinance. 1'13 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 10 TABLE NIGHTTIME NOISE LEVELS MEASURED AT 104 LINDA ISLE BOAT DOCK 27-28 MARCH 2015 Time Measured Measured 15 Period 15 min. min. Lmax- Acoustic Environment Description Patio Stop: LdB(A) dB(A) Operation Start eq o Background noise generated via traffic on PCH. o Music from car stopped at signal. o Commercial aircraft overflight occurred 2 times during period. o Aircraft landing at John Wayne reversing engines 10:15 pm/ audible twice during period. 10:30 pm 52 62 o Faint conversations&laughing audible from 333 Open restaurant. o Loud motorcycle on PCH. o Automobile with loud muffler on PCH. o Motorcycle idling through 333 parking lot and exiting. o Background noise generated via traffic on PCH. o Small electric boat motoring past measurement position. o Power boat idling past measurement position and docking at Black Starr Frost docks. 10:35 pm! 52 64 o Conversations audible in 333 parking lot. Oen 10:50 pm o Auto accelerating from signal at PCH. p o Loud automobile driving past 333 site on PCH. o Conversations from 333 restaurant audible dur- ing low traffic flow. (46/48 dB(A) SPL) o Sirens audible off in distance. o Motorcycle driving past site on PCH. o Background noise generated via traffic on PCH. o Small electric boat. o Metal gate slam. (58 dB(A) SPL). 10:53 pm/ 50 63 o Emergency vehicle, siren and horn. Oen 11:08 pm o Loud motorcycle on PCH. p o Commercial aircraft overhead. o Automobile accelerating from signal. o Music from 333 slightly audible. o Background noise generated via traffic on PCH however traffic becoming noticeably lighter. o Commercial aircraft overflight occurred (5) times 11:10 pm/ during measurement. 11:25 pm 50 58 o Metal gate slam. (59 dB(A) SPL). Open o Several cars moving around 333 parking lot. o Short duration "clanking"of dishes from 333 au- dible. 2�'4' City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 11 Time Measured Measured 15 Period 15 min. min. Lmax- Acoustic Environment Description Patio Stops Operation Start L.,-dB(A) dB(A) o Background noise primarily traffic on PCH. o Commercial aircraft overflight three times during measurements. o Brief conversation in 333 parking lot. (47/48 11:27 pm/ dB(A) SPL) 11:42 pm 49 59 o Loud motorcycle on PCH. Open o Automobile accelerating from signal on PCH. (55 dB(A) SPL) o General traffic flow noise (47/49 dB(A) SPL). 333 inaudible. o Music audible from 333 restaurant. o Background noise generated via light traffic on PCH. o Music from inside 333 slightly audible. (46/47 dB(A) SPL). o Music w/o nearby traffic noise(45/46 dB(A)) 11:45 pm/ o Motorcycle and automobile accelerating from 12:00 pm 48 57 signal on PCH. Open o Conversation between two girls in 333 parking lot. (48 dB(A) SPL). o Traffic stopped at signal, music from inside 333 (46 dB(A) SPL). o Occasional conversations within 333 slightly au- dible. o Background noise generated via light traffic on PCH. o Minor laughing from 333 parking lot. (45 dB(A) 12:03 pm/ SPL). 12:18 am 47 60 o No music audible from 333 restaurant. Open o Traffic noise(46 dB(A) SPL.) o Small group talking in 333 parking lot walking towards Sol Cocina restaurant. (48 dB(A) SPL.) o Metal gate slam 58 dB(A) SPL). o Traffic noise (45 dB(A) SPL). Noise from 333 restaurant inaudible. o Small group talking near boat docks (48 dB(A) SPL). 12:20 am/ 1 :20 am 49 63 o Motorcycle accelerating from signal (63 dB(A) Open SPL.) o Small group boarding boat and motoring away. (48 dB(A) SPL). o Automobile with loud exhaust on PCH. o Background noise generated via light traffic on PCH. o Traffic and audible music from 333 restaurant. (47 dB(A) SPL). 12:37 am/ o Music from 333 without visible traffic. (46 dB(A) 12:52 am 46 54 SPL). Open o Man speaking in raised voice in 333 parking lot. (47 dB(A) SPL). o Music from 333 restaurant w/o visible traffic. (44/46 dB(A) SPL). City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 12 Time Measured Measured 15 Period 15 min. min. Lmax- Acoustic Environment Description Patio Stops Operation Start L.,-dB(A) dB(A) o General background noise generated via light traffic on PCH. o Car door slam in parking lot. 12:54 am/ 48 63 o Cars driving at speed past site. (49 dB(A) SPL). Open 1:09 am o Cars stopped at signal. (44 dB(A) SPL). o Music from 333 restaurant slightly audible. o Short duration "clanking"of recycling bottles were audible. o Background noise generated via light traffic on PCH. o No music or conversations audible from 333 res- taurant. 1:11 am o Car door closed in 333 parking lot. / 47 62 o Man speaking with raised voice in parking lot. Closed 1:26 am (46 dB(A) SPL). o Traffic stopped at signal. (45 dB(A) SPL). o Loud car driving past site at speed. (58 dB(A) SPL). o Short duration "clanking"of recycling bottles were audible. o Background noise generated via light traffic on PCH. o Minor conversations in 333 parking lot from pa- trons leaving. (47 dB(A)SPL). o Commercial aircraft overhead. 1:28 am o Emergency vehicle heading south on PCH. (59 ( 48 63 dB(A) SPL). Closed 1:43 am o Loud car on PCH. (54/56 dB(A) SPL). o Background levels with traffic nearby. (47 dB(A) SPL). o Background levels with no traffic visible. (43 dB(A) SPL). o Short duration "clanking"of recycling bottles were audible. o Background noise generated via light traffic on PCH. 1:45 am o Motorcycle accelerating from signal on PCH. (58 / 47 62 dB(A) SPL). Closed 2:00 am o Noise from 333 restaurant inaudible. o Background levels with no traffic visible. (43/44 dB(A) SPL). o Automobile accelerating from signal. PREVIOUS TESTS MEASUREMENT RESULTS The following Table II presents a listing and comparison of the measurement test results con- ducted on the 104 Linda Isle boat dock for each of the three measurement programs conduct- ed by our office in April, August, and December of 2014. m�n m�m m�m 110 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 13 The April measurements were conducted on Thursday night/Friday morning when the 3-Thirty- 3 Waterfront restaurant hosted a live jazz band playing live music until 10:00 p.m. There are no live music performances on Friday or Saturday nights, only background music played from the restaurant audio system within the restaurant/bar areas. Also of note is that the volume of lo- calized traffic on PCH is higher on Friday and Saturday nights during the August and Decem- ber measurements than that of the Thursday weeknight measurement. The noise levels presented in Table II are A-weighted 15 minute Leq's rounded to the nearest whole integer. The individual test start/finish times have been normalized or modified slightly with respect to each other due to the slightly different start/finish times of the tests that were conducted during each of the April, August and December test programs. TABLE 11 COMPARISON OF NOISE LEVELS MEASURED 4/2014, 8/2014,AND 12/2014 Measurement Dates Measurement Measuring 4/10,4/11, 8/15, &8/16 12/6, & 12/7 Time Metric 4/24, &4/25 hursda night) (Friday night) (Saturday night) 10:15-10:30 dB(A) -L, 54 54 dB(A) -Lm. * 65 65 d.B(A) -L, 50 52 52 10:30-10:45 dB(A) -Lm. 65 64 61 dB(A) -L, 49 51 54 10:45-11:00 dB(A) -Lmm 65 58 65 11:00-11:15 dB(A) -L, 47 ** 54 dB(A) -Lmxx 62 ** 67 dB(A) -L, 49 ** 52 11:15-11:30 dB(A) -Lmm 65 ** 68 11:30-11:45 dB(A) -L, 50 50 53 dB(A) -Lmxx 61 56 60 dB(A) -L, 54 52 53 11:45-12:00 dB(A) -Lmm 63 59 59 12:00-12:15 dB(A) -L, 47 49 51 dB(A) -Lmxa 62 56 62 dB(A) -L, 47 49 53 12:15-12:30 dB(A) -Imo,,,„ 61 65 64 12:30-12:45 dB(A) -L, 45 50 50 dB(A) -Lmxa 55 65 59 12:45-1:00 dB(A) -L, 44 53 50 22� City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 14 Measurement Dates Measurement Measuring 4/10,4/11, 8/15,&8/16 12/6, & 12/7 Time Metric 4/24, &4/25 (Friday night) (Saturday night) (Thursday night) d6(A) -Lm�, 52 67 61 dB(A) -L, 51 49 1:00-1:15 dB(A) -Lme 67 59 ** 1:15-1:30 dB(A) -L., 46 47 54 dB(A) -Lm� 63 53 59 dB(A) -L, 44 47 51 1:30-1:45 dB(A) -Lm� 53 54 58 dB(A) -L., 45 48 1:45-2:00 dB(A) -L, 63 57 * No data. Measurement programs not yet started or already concluded. ** Measurements interrupted due to unusual conditions on site or battery replacement re- quired for sound level meter. CURRENT TEST RESULTS/BASELINE COMPARISON The following Chart compares the most recent short term 5 minute Leq average noise levels measured March 27/28 2015 Friday night measurements with the baseline Thursday night measurements conducted in April 2014. m�m m�m 218 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 15 60 Icesdeel m55 uE to bircs n 0 or a J C ut 50 N d YJ V 0 45 Z d N d 240 ,�O a0 y0 00 ,y0 ,ti0 ,50 �O y0 00 ,y0 ,y050, b0 y0 y3.00 .ti0 .10 y�.IO, AO IO y�. yl,. y�. �3. y�. 5 Minute Nighttime Noise Level Measurement Periods —5 min Leq noise levels measured April 2014 —5 min Leq noise levels measured March 2015 The chart shows that the short-term 5 minute Leq dB(A) average noise levels measured in the most recent March 2015 tests are generally within 2 to 3 decibels of the baseline noise levels measured in April 2014. Levels between 10:15 and 11:35 were typically ± 2dB(A) higher in March 2015 than the April 2014 measurements. Between the hours of 11:40 to 12:35, the noise levels between the March 2015 tests and the April 2014 tests varied however were within 1 to 2 dB(A) with each other. From 12:40 to 2:00 am. the levels measured March 2015 were approx- imately 2 to 3 dB(A) higher than those measured in April 2015. Noise levels measured at the site during the April 2014 measurements and the March 2015 measurements were due primarily to traffic on PCH. Music and conversations from within the 333 restaurant were audible at times in the most recent tests but never exceeded 47 dB(A) at the boat dock across the bay. This level was measured when traffic flow was minimal and therefore representative of the contribution that the 333 restaurant contributes to the overall ambient conditions. Short term sound pressure levels measured of 333 restaurant activity such as music, parking lot noise, conversations within the parking lot, and interior conversations or laughing, never ex- ceeded 48 dB(A). Short term sound pressure levels of offsite traffic noise in free flowing conditions ranged be- tween 47 dB(A) to 49 dB(A) with individual events such as brisk acceleration, motorcycles, loud mufflers on automobiles ranging between 55 dB(A) to 58 dB(A). m�m m�m 119 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report— March 2015 Page 16 As noted in the report above, noise levels from music and conversations within the 333 restau- rant/patio building and noise and activity within the 333 parking lot did not exceed the 50 dB(A) Leq criterion set forth by the City of Newport Beach This concludes our report. Please feel free to call with any questions or comments. Sincerely yours, RS Acoustics Inc. Robert Schmidt, Principal Consultant C:\Users\Public\Documents\Projects\333 Waterfront\quarterly testing\150413 Mar 15 tests\150414333 Waterftont qt tst rpt.docx 2�� Attachment No. PC 9 Acoustical Monitoring Report Quarter 4 121 V� QP �P 2�� RS ACOUSTICS INC 25031 Avenue Stanford, Suite 80 Santa Clarita, CA 91355 P: (661) 251-3965 F: (661) 310-3783 3-THIRTY-3 WATERFRONT RESTAURANT NEWPORT BEACH, CALIFORNIA ACOUSTICAL ANALYSIS & MEASUREMENT TEST REPORT Prepared for: City of Newport Beach Planning Division/Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Prepared by: RS Acoustics Inc. 25031 Avenue Stanford, Suite 80 Santa Clarita, CA 91355 Phone: (661) 251-3965 Fax: (661) 310-3783 Date: 28 June 2015 Revised: 22 August 2015 (per City edits) Report No. 150727-Q4 This report presents the results of an acoustical analysis and noise measurement program conducted at the 3-Thirty-3 Waterfront restaurant and surrounding community in Newport Beach, California. This noise analysis is required by Conditional Use Permit No. UP2011-007 (PA2011-041). Consultants in Architectural Acoustics & Noise Control 123 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report-June 2015 Page 2 PROJECT DESCRIPTION The 3-Thirty-3 Waterfront restaurant is located at 333 Bayside Drive in Newport Beach, Califor- nia as shown on the vicinity map in Figure A below. The building is located on the waterfront fairly centered between the SOL Cocina restaurant and the Black Starr Frost jewelers building which all share a common parking lot with entrance and exits to the adjacent Coast Highway and Bayside Drive. The 3-Thirty-3 Waterfront building is located approximately 95' from the centerline of Bayside Drive, and approximately 175' from the centerline of Coast Highway. To the south/southwest of the 3-Thirty-3 Waterfront restaurant and across the bay, is a private residential neighborhood on Linda Isle. The closest residence is approximately 225' from the 333 Waterfront dining patio. Each Linda Isle residence has direct access to a private, individual boat dock. The private boat dock nearest to the 3-Thirty-3 Waterfront dining patio is at the res- idence of 104 Linda Isle which is approximately 200' from the southwest elevation of the 3- Thirty-3 Waterfront dining patio. x-333 Waterfront site location f ation i ' L 7rc s,. 25031 Ave.SIPW.Suite 80 Vicinity Map -� Santa Cab G 91355 P:(661,251-3%s 3-Thirty-3 Waterfront f:(661131P3283 H ns ncous cs n2c Project Na:1600e14 IDrawn by: N.DA Date: 27 Jun 2015 124 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 3 GENERAL The City of Newport Beach has processed an application for a conditional use permit for the 3- Thirty-3 Waterfront restaurant located at 333 Bayside Drive. The project consists of a restau- rant/bar, an enclosed dining patio, and valet assisted parking. Conditional Use Permit No. UP2011-07 was approved to extend the operating hours of the dining patio from 9:30 p.m. to 1:00 a.m. This acoustical monitoring program and report are prepared per the mandatory obligations of item 4.b. of the project Conditions of Approval (Exhibit A of the CUP) which requires that com- munity noise levels be monitored and reported quarterly for at least one year. The Conditions of Approval language is included below: 4. The Outdoor Dining Patio shall be subject to the following requirements: b. Require the applicant to fund a quarterly monitoring test and report by an acous- tical engineer selected by the Community Development Director as to meeting city codes. The monitoring shall include a minimum of one Thursday, Friday, or Saturday between the hours of 10:00 p.m. and 1:00 a.m. of operation until the one-year review by the Planning Commission. The monitoring program shall be subject to the review and approval of the Community Development Director. At least one such monitoring test shall take place during the months of July or Au- gust. Code compliance includes compliance with Municipal Code Chapter 10.26, Community Noise Control. Per the request of The City of Newport Beach, RS Acoustics Inc. most recently conducted noise level measurements in the nighttime hours on Saturday, 27 June 2015 extending into Sunday morning 28 June 2015. Acoustical measurements were conducted on the private boat dock serving the 104 Linda Isle residence located approximately 200' from the 333 Waterfront patio as shown in Figure B in this report. Detailed acoustical test results of this measurement program, along with summary results of earlier test programs are presented herein. Along with the undersigned, Ms. Makana Nova, Associate Planner of the City of Newport Beach was in attendance during this test program. Access to the private boat dock was courteously provided by the Orange County Sheriff's De- partment Harbor Patrol. 12.E City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report–June 2015 Page 4 r - 333 Bayside patio at house oat during urements. "—Acoustical measurement �; ►. position 25031nKa. Grea5o5 Acoustical Measurement Positions SahP.1661i: -;965 y «•: 3-Thirty-3 Waterfront 27, 28 Mar 2015 V 6611310-3793 RS ncousncs INC jkolnt Nod lcooela IDram by: NAA Date: 27 Jul 15 2�� City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 5 COMMUNITY NOISE ASSESSMENT METRICS In general, community noise measurements or assessments refer to descriptions of the exterior noise environment in the vicinity of inhabited areas. Descriptions of noise usually include the time and spatial variations in the outdoor noise environment throughout a specific area so that descriptions are relevant to the effect on people within the specified area. A-weighted sound level "dB(A)" is one of the most widely used methods of stating community noise design goals and regulations in terms of a single number rating system. A-weighted sound levels are obtained with a sound level meter incorporating an electronic weighting net- work that de-emphasizes the low frequency portions of the noise spectrum, to automatically compensate for the lower sensitivity of the human ear to low frequency sounds. High frequen- cy components of sound, 1000Hz and above are relatively unchanged in A-weighting networks as the human ear is fairly equally sensitive to all sounds occurring in this high frequency range. The single A-weighted sound level is the sum of all A-weighted sound energy within the meas- ured frequency range. The City of Newport Beach utilizes A-weighted sound levels in their noise ordinance to quantify allowable noise levels which are averaged over a specific time period. This time component is specified to allow for varying noise conditions such as the fluctuating noise levels associated with vehicular traffic stopping or accelerating from an intersection. The resultant level would be the average of all sound levels measured within the stated time period. The noise ordinance of The City of Newport Beach requires that noise measurements be con- ducted and averaged over a 15 minute period, with a sound level meter set for a slow response averaging time. The result is termed a "15 minute L,Q", (Equivalent Noise Level) and is meas- ured and presented in A-weighted decibels levels. By definition, a 15 minute Laq is the A- weighted sound level corresponding to a steady-state sound level containing the same total sound energy as a time-varying signal over the 15 minute period. For short duration or impact sounds, the City of Newport Beach utilizes the Lm. metric or (Max- imum Sound Level). This metric is also expressed in A-weighted decibels, and per the re- quirements of the ordinance is measured at the slow response averaging time. L,. noise lev- els quantify the highest sound level measured or recorded during a designated time interval. CITY OF NEWPORT BEACH NOISE STANDARDS The noise level standards and requirements relative to this project excerpted from the City of Newport Beach Municipal Code Chapter 10.26 (Community Noise Control) are included below. 22 j City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 6 10.26.020 Designated Noise Zones The properties hereinafter described assigned to the following noise zones: Noise Zone I All single-, two-, or multiple-family residential properties. Noise Zone II All commercial properties Noise Zone III The residential portion of mixed-use properties Noise Zone IV All manufacturing or industrial properties 10.26.025 Exterior Noise Standards A. The following noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone: Allowable Exterior Noise Level Noise Type of Land Use (Equivalent Noise Level, Le Zone 7:00am-10:00pm 10:00pm-7:00am I Single-,two-, or multiple-family residential. 55 dB(A) 50 dB(A) II Commercial 65 dB(A) 60 dB(A) III Residential portions of mixed use properties 60 dB(A) 50 dB(A) IV Industrial or Manufacturing 70 dB(A) 70 dB(A) If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, oc- cupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen-minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) dB(A) for any period of time (measured using A-weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allow- able noise level under said category shall be increased to reflect the maximum ambi- ent noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise origi- nates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95-53 § 1, 1995; Ord. 95-38 § 11 (part), 1995) 128 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 7 10.26.055 Noise Level Measurement A. The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activi- ty areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone height shall be five feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five feet above the finished floor level. TEST EQUIPMENT Noise levels measurements were conducted with the equipment noted below. Acoustic cali- bration of measuring equipment was conducted immediately prior to and following the test procedures. • Larson Davis Type 824 Type I integrating one-third octave band sound level meter • Larson Davis Model PRM902 microphone preamplifier • Larson Davis Type CAL200 precision Class I sound level calibrator calibrated to a reference traceable to the National Institute of Standards and Technology. • Larson Davis Type 2560 1/2" microphone which meets the specifications of IEC 60651 and ANSI S1.4-1983 Type 1. Measurement equipment satisfies the American National Standards Institute (ANSI) Standard 1.4 for Type 1 precision sound level measurements as well as all requirements for testing equipment for the City of Newport Beach. ACOUSTICAL ENVIRONMENT Acoustical measurements were conducted during the nighttime on Saturday 27 June begin- ning at 10:00 p.m. and concluding Sunday morning 28 June at 2:00 a.m. The sound level me- ter microphone was located at +4' above the 104 Linda Isle boat dock during the entirety of the test program. This measurement location has a direct line-of-sight and is closest to the 333 Waterfront restau- rant patio and therefore represents a "worst-case" measurement condition for any noise levels generated by the 3-Thirty-3 Waterfront patio and the residences on Linda Island. The main 3-Thirty-3 Waterfront restaurant/bar remains open until 2:00 a.m. and the attached patio is now open until 1:00 a.m. We did not verify the occupancy loads during the tests how- 1�9 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 8 ever it could be seen through the windows that customers were in the main restaurant until near closing time at 2:00 a.m. Patrons in the patio could be seen until approximately 12:30 a.m. however lights inside the patio remained on until closing time. The general acoustical environment and observed events during the 27/28 June measurement program is described below: • At the beginning of the tests, the ambient noise conditions were generated by conver- sations, laughing, and shouting from guests attending a party in the back yard (facing the bay) of 102 Linda Isle residence of an estimated 30 to 40 people. At 10:05 pm, a live music performance began from an amplified 4-piece band with electric guitar, bass, drums, and vocals and continued until approximately 11:00 pm. The band was playing from the deck of a boat parked at the 102 Linda Isle dock. • Following the band's performance, low-level background music, occasional conversa- tions, raised voices, and laughing occurred throughout the night until approximately 1:30 am. • Throughout the duration of the tests, surface traffic on Pacific Coast Highway, and Bayside Drive would be considered normal or similar to previous test programs with free-flowing traffic on Coast Highway with speeds of approximately 45-50 MPH. • Occurrences of autos and motorcycles briskly accelerating from the signal at Coast Highway and Bayside Drive were audible and noted throughout the measurement program. These levels ranged from 54/66 dB(A) SPL. • On four separate events, emergency vehicles passed the 333 restaurant location on Coast Highway. The highest noise level measured was 71 dB(A) SPL when sirens were operated in the immediate vicinity of the restaurant/measurement position. Typi- cally emergency vehicles turned off their sirens prior to arriving near the immediate ar- ea and during these events, noise levels from the sirens ranged between 61 dB(A) and 66 dB(A) at the measurement position. • Several commercial aircrafts flew over the site during the measurement program, in both north/south and east/west directions and at high altitude. • A metal gate serving the boat docks from the parking lot located at the southwest cor- ner of Sol Cocina restaurant slammed shut multiple times during the measurement program resulting in levels of 58/59 dB(A) SPL. The self-closing mechanism allows the metal gate to be slammed directly against its steel frame. • Following the band's music performance, we noted several occurrences of conversa- tions and/or raised voices from the parking lot areas between the 333 Waterfront and adjacent Sol Cocina restaurant. These events are noted in the following Table I and while audible, were mostly unintelligible. i3O City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 9 • Following the band's performance, "spot checks" of traffic noise with free flowing con- ditions were measured at 49/52 dB(A) SPL near the beginning of the measurement program, falling off to 43/44 dB(A) SPL the end of the program at 2:00 a.m. • Music was slightly audible from within the 333 restaurant when there was no traffic in the immediately visible area. Noise levels from the music were approximately 44 dB(A) SPL. Noise levels from music inside the main 333 restaurant building with au- tomobile traffic in the immediate area was inaudible. In general, highest traffic noise levels occurred when automobiles and emergency vehicles on Pacific Coast Highway were passing directly past the 3-Thirty-3 Waterfront building, and were especially audible when accelerating away from a stop at the signal at Bayside Drive. ACOUSTICAL MEASUREMENT RESULTS Noise levels measured on 27/28 June are presented in Table I below along with descriptions of the general acoustical environment and any special acoustic events which occurred during each measurement interval. Sound levels are rounded to the nearest whole integer and pre- sented in A-weighted 15 minute Leq's in accordance with the City of Newport Beach noise or- dinance. Sound levels for each short-term individual event are presented in dB(A) sound pres- sure levels. TABLE NIGHTTIME NOISE LEVELS MEASURED AT 104 LINDA ISLE BOAT DOCK 27—28 JUNE 2015 Time Noise 15 min. 15 min. Period Event Patio Leq Lmax- Acoustic Environment Description Stop/ dB(A) dB(A) SPL Operation Start dB(A) o Party conversation, laughing, etc. in back- yard and boat parked at dock of 102 Linda 56/57 Isle. o Helicopter overflight 60 o Conversation from group of people be- 53 tween 333 and Sol Cocina restaurant. 10:00 pm o Conversation and noise from 102 Linda Isle 53 Patio open, 63 74 party w/o obvious traffic noise p customers 10:15 pm o Live music sound check begins (10:05 pm) 62 inside at 102 Linda Isle party o Group of people entered docks, boarded 51 electric Duffy boat and navigated west. o Private jet overflight from John Wayne air- 73 port o Live music band started performing on 64 boat parked at 102 Linda Isle(10:08 pm) 131 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 10 Time Noise 15 min. 15 min. Period Leq- Lmax- Acoustic Environment Description Event Patio Stop/ SPL Operation dBA Start dB(A) dB(A) dB(A) o Duffy boat navigating east past measure- ment position. Music and laughing from 62 onboard audible. o Typical sound levels from live musicon 65/70 boat. o Highest sound levels from live music 75 o Amplifier feedback(2-3 seconds) 83 o Noise from 333 restaurant or patio inaudi- ble. o Traffic noise occasionally audible between songs or quiet passages of live music per- formance on boat. Typically 30 seconds to 1 minute between songs. o Typical sound levels from live music on 70/72 boat. o Higher levels of live music during chorus 76 singing o Background noise levels from party con- 10:15 pm versations and Coast Highway traffic be- 53 Patio open, / 70 83 tween music sets. customers 10:30 pm o Duffy boat navigating west past measure- 54 inside ment position o Noise from traffic and restaurants across bay inaudible when live music is per- formed. o Drum cymbals from live music band. 73 o Sound levels from live drums on boat 72 parked at dock of 102 Linda Isle. o Between music sets, little conversation at party, minor traffic. Noise from 333 restau- 50/52 10:30 pm rant inaudible. Patio open, / 70 76 o Live music w/multiple singers 72/73 customers 10:45 pm o Drum cymbals at end of song 79 inside o Typical sound levels from live music on 65/70 boat o Noise from traffic or 333 restaurant/patio inaudible during this measurement period. o Sound levels from live music on boat at 102 Linda Isle party continuous this meas- 65/70 urement period. 10:45 pm o Groups of 3-4 people in 333 restaurant Patio open, / 72 79 parking lot. Inaudible. 10:52 m customers 11:00 am o Small powered raft past measurement po- inside sition motoring to east. Measured levels be- 50 low music levels. o Announcer addressing party using band 68 microphone on boat 132 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 11 Time Noise 15 min. 15 min. Period Leq- Lmax- Acoustic Environment Description Event Patio Stop/ dB(A)A) ( )dB A SPL Operation Start dB(A) o Live music band finished playing. Noise from party conversations,and traffic noise 49/51 audible. (11:03 pm) o Group of three people in 333 restaurant parking lot-slightly audible conversation 49 (11:05) o Conversation and shouting at 102 Linda 58 Isle parry o Background music at party 50/52 o Westbound emergency vehicle on Coast 66 11:00 pm Highway w/siren (11:08 pm) Patio open, / 53 69 o Conversations at 102 Linda Isle party w/ 51 customers 11:15 pm inside background music o Small group of people in 333 restaurant parking lot-inaudible. o Conversations at 102 Linda Isle home with 49 no immediate traffic near site. o Loud conversation at 102 Linda Isle home 53 (11:12 pm) o Bass from automobile on Coast Highway 55 o Background music at 102 Linda Isle parry 49 and minor conversation audible (11:14 pm) o Background music at 102 Linda Isle party 49/53 and minor conversation audible (11:18 pm) o Commercial aircraft overhead (11:18 pm) 50 o Band at 102 Linda Isle packing-occasion- 53/56 al shouting from party (11:20 pm) o Truck accelerating from stop on Coast 61 Highway from intersection 11:15 pmPatio open, o Electric Duffy boat navigating to east past / 53 61 measurement position. (11:25 pm) 55 customers 11:30 pm inside o Fireworks audible from far offsite(11:28 pm) o Small group of people in 333 restaurant parking lot slightly audible and traffic noise. 49 (11:29 pm) o Sound from within 333 patio inaudible dur- ing this measurement. 11:30 pm c Child on 333 restaurant boat dock shout- 52 Patio open, / 54 67 ing. customers 11:45 pm o Conversations at 102 Linda Isle party and 55 inside 133 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 12 Time Noise 15 min. 15 min. Period Leq- Lmax- Acoustic Environment Description Event Patio Stop/ dB( ) ( )A dB(A) SPL Operation Start dB(A) traffic noise. o Several people on dock passing 333 and Sol Cocina restaurant. Metal gate slam at 58 dock entrance. (11:35 pm). o Commercial aircraft overhead 52/53 o Conversations at 102 Linda Isle party 53 (11:43 pm). o Conversations at 102 Linda Isle party and 53 traffic noise. o Motorcycle accelerating on Coast Highway 60 from stop at intersection. 11:45 pm o Aircraft overflight Patio open, 54 60 o Background music and conversations at customers 11:51 pm party and traffic noise. 53 inside o Motorcycle accelerating on Coast Highway 59 (11:50 pm) o Conversation from small group of people in 50 333 restaurant parking lot slightly audible. 11:51 pm / o Rain-no measurements conducted. 11:59 pm o Emergency vehicle on Coast Highway. 64 (12:03 am) o Electric Duffy boat navigating west past 54 measurement position (12:04 am) o Background music at 102 Linda Isle party 51/52 o Shouting at 102 Linda Isle party 54/55 o Metal gate slam at dock near restaurants 59 12:00 am (12:08 am) Patio open, 53 66 o Music from 333 main restaurant slightly 49 customers 12:15 am audible. (12:09 am) inside o Motorcycle accelerating from stop at inter- 66 section on Coast Highway. (12:12 am) o Music from within 333 main restaurant 48/49 slightly audible w/traffic o Music from within 333 main restaurant 47 slightly audible w/out traffic. o Sound from within 333 patio inaudible. 12:15 am o Music from inside 333 main restaurant patio open, / 51 71 slightly audible at low traffic flow condi- 44 customers 12:30 am tions. (12:16 am) inside o Music from inside 333 main restaurant and 51/52 mI m mm m mm m 13.4 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 13 Time Noise 15 min. 15 min. Period Leq- Lmax- Acoustic Environment Description Event Patio Stop/ SPL Operation dBA Start dB(A) dB(A) dB(A) typical free-flow traffic conditions. (12:18 am o Commercial aircraft overflight. Man shout- ing from 102 Linda Isle party home. (12:19 57 am) o Sound from within 333 restaurant and patio currently inaudible. 12:22 am). o Minor conversations and background mu- sic from 102 Linda Isle party audible. 46/48 12:22 am o Electric Duffy boat navigating east past measurement position with several people 51/53 onboard. o Emergency vehicle on Coast Highway past 61 site w/siren turned off in immediate area. o Music from within 333 main restaurant slightly audible in low traffic flow condi- 46 tions. o General traffic noise at nearby Coast High- 49 way intersection o Emergency vehicle on Coast Highway 71 12:31 am o Music from within 333 main restaurant 12:30 am slightly audible in low traffic flow condi- 45 Patio open, / 52 72 tions. customers 12:45 am o Shouting from 102 Linda Isle party. (12:44 56 inside am o Traffic noise from Coast Highway with au- 51 tos in freeffow condition past site. o Conversation from small group walking in 51 333 restaurant parking lot. (12:45 am) o Conversation from small group walking in 50 333 restaurant parking lot. (12:46 am) o Conversation and shouting from small 12:45 am group in Sol Cocina restaurant parking lot. 52 ! 51 58 (12:46 am) Patio open 1:00 am o Electric Duffy boat navigating east past 56 measurement position. (12:56 am) o Music from within 333 main restaurant and 48 traffic noise. o Music from within 333 main restaurant slightly audible in low traffic flow condi- 44 tions. o Commercial aircraft overflight. (1:02 am) 49 o Shouting in 333 restaurant parking lot. 52 patio closed, 1:00 am o Conversation from 102 Linda Isle a 49 house lights / 49 61 o General background noise mainly from traf- 46 off-no cus- 1:15 am fic on Coast Highway tomers inside o Conversation and laughing from 102 Linda 49/52 Isle party 13.E City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 14 Time Noise 15 min. 15 min. Period Leq- Lmax- Acoustic Environment Description Event Patio Stop/ SPL Operation dBA Start dB(A) dB(A) dB(A) o Auto accelerating from stop at Coast High- 54 way intersection. 1:10 am o Typical music levels from within 333 main 44 restaurant in low traffic flow conditions o "Clanging"sound-bottles/cans from 333 51 restaurant o Music levels from within 333 main restau- 44 rant in low traffic flow conditions (1:20 am o Occasional conversation from 102 Linda 47 Patio closed, 1:15 am Isle party(1:21 am) 49 63 o Commercial aircraft overflight house lights 1:30 amo Automobile on Coast Highway, loud muffler 56 off-no cus- o Conversation of 3 to 4 people at 102 Linda tomers inside 50/51 Isle party. (1:25 am) o Commercial aircraft overflight (1:28 am) o Woman's raised voice from 102 Linda Isle 49 party. o "Clanging"sound-bottles/cans from 333 50 restaurant (1:30 am) o "Clanging"sound-bottles/cans from 333 51 restaurant 1:30 am o Commercial aircraft overflight 48 Patio closed, 1:30 am 47 56 o Conversations at 102 Linda Isle party 47 house lights 1:45 am o Auto's queuing in 333 parking lot. Man 45 off-no cus- shouting tomers inside o Woman's voice from 102 Linda Isle party 48 o "Clanging"sound-bottles/cans from 333 50 restaurant 1:38 am o Commercial aircraft overhead o Background noise levels,w/o visible traffic on Coast Highway, no music in 333 restau- Patio closed, 1:45 am 46 55 rant, no conversations from 102 Linda Isle 43 house lights 2:00 am paw' off-no cus- o Background noise levels from traffic only 43/44 tomers inside (1:50 am) m�m m�m m�m 13( City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report-June 2015 Page 15 SUMMARY/HISTORY - TESTS MEASUREMENTS The following Table II presents the measurement test results conducted on the 104 Linda Isle boat dock for an initial sound study and four subsequent monitoring tests conducted by our office in April, August, and December of 2014, and also March and June of 2015. The initial sound study conducted on Thursday night/Friday morning in April of 2014, when the 3-Thirty-3 Waterfront restaurant hosted a live jazz band playing live music until 10:00 p.m. Typ- ically, there are no live music performances on Friday or Saturday nights, only background music played from the restaurant audio system within the restaurant/bar area. The following four monitoring tests represent typical restaurant operation where no live entertainment was present. The noise levels presented in Table II are A-weighted 15 minute Leq's rounded to the nearest whole integer. The individual test start/finish times have been normalized or modified slightly with respect to each other due to the slightly different start/finish times of the tests that were conducted during each of the test programs. TABLE II COMPARISON OF NOISE LEVELS MEASURED 4/2014, 8/2014, 12/2014, 3/2015, &6/2015 Measurement Dates Measurement Measuring 4/10,4/11, 8/15,&8/16 12/6, &12/7 3/27, &3/28 6/27, &6/28 Time Metric 4/24, &4/25 2014 2014 2015 2015 2014 (Fri. night) (Sat. night) (Fri. night) (Sat. night) (Thur. night) 10:00-10:15 dB(A) -Laq * * 63 dB(A) -Lm� 74 10:15-10:30 dB(A) -Leq 54 54 52 70 dB(A) -Lm� 65 65 62 83 10:30-10:45 dB(A) -L, 50 52 52 52 70 dB(A) -Lm� 65 64 61 64 76 10:45-11:00 dB(A) -Laq 49 51 54 50 72 dB(A) -Lma 65 58 65 63 79 dB(A) -Laq 47 ** 54 50 53 11:00-11:15 dB(A) -Lm. 62 ** 67 58 69 dB(A) -Laq 49 ** 52 50 53 11:15-11:30 dB(A) -Lm� 65 ** 68 58 61 11:30-11:45 dB(A) -L, 50 50 53 49 54 dB(A) -Lm� 61 56 60 59 67 m�m m�m m�m 137 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 16 Measurement Dates Measurement Measuring 4/10,4/11, 8/15, &8/16 12/6, & 12/7 3/27, &3/28 6/27, &6/28 Time Metric 4/24, &4/25 2014 2014 2015 2015 2014 (Fri. night) (Sat. night) (Fri. night) (Sat. night) (Thur. night) dB(A) -L, 54 52 53 48 54 11:45-12:00 dB(A) -!_ � 63 59 59 57 60 dB(A) -L, 47 49 51 47 53 12:00-12:15 dB(A) -Lm� 62 56 62 60 66 dB(A) -L, 47 49 53 49 51 12:15-12:30 dB(A) -!_ e„ 61 65 64 63 71 12:30-12:45 dB(A) -L, 45 50 50 46 52 dB(A) -Lm� 55 65 59 54 72 dB(A) -L, 44 53 50 46 51** 12:45-1:00 dB(A) -!_ � 52 67 61 54 58** dB(A) -L, 51 49 ** 48 49 1:00-1:15 dB(A) -Lm� 67 59 ** 63 61 1:15-1:30 dB(A) -Leq 46 47 54 47 49 dB(A) -!_ � 63 53 59 62 63 dB(A) -Leq 44 47 51 46 47 1:30-1:45 dB(A) -Lm� 53 54 58 63 56 dB(A) -L, 45 48 * 47 46 1:as-2:oo dB(A) -L 63 57 * 62 55 * No data. Measurement program not yet started or already concluded. ** Measurements interrupted due to unusual conditions on site, weather, or battery re- placement required for sound level meter. COMPARISON OF QUARTERLY TEST RESULT DATA Per the Conditional Use Permit discussed above, the basis of conducting quarterly noise level tests in the community near the 333 restaurant is to monitor and determine any change in the community noise levels due to extending the operating hours of the 333 patio until 1:00 am. An initial sound study and four (4) additional sound monitoring tests were conducted between April 2014 and June 2015 located on a boat dock directly across the bay from the 333 patio which has a direct line of sight to the patio, and is the closest residential receptor location. At all of the five measurement programs conducted by our office, noise levels from the 333 pa- tio were inaudible and imperceptible. Occasionally background music from within the main 333 restaurant building was audible at the boat dock measurement position. Limited by the 138 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 17 offsite ambient conditions, music in the 333 main restaurant building was found to be 44 dB(A) SPL or less. The 15 minute averaged Leq noise levels measured for each of the measurement programs is shown in the following Figure A. The baseline measurements conducted in April 2014 and the most recent tests conducted in June 2015 are noted. The following summarizes the acoustical environment observed during of each of the programs. April 2014 Ambient acoustic environment was due primarily to traffic generated noise on Coast High- way, commercial aviation, and a small party of 5 to 6 people at the Black Starr Frost building in the early evening. Auaust2014 Ambient noise levels measured included music, laughing, and occasional shouting from a boat docked near the Black Starr Frost building. The sheriff's visited the boat at 11:00 pm and the music level was reduced until 11:45 pm when it was shut off completely. Following this, noise levels were due primarily to traffic noise. December 2014 Ambient noise levels measured included conversations and laughing from a Christmas party at the Black Starr Frost building until 10:45 pm. Following this, laughing, conversations, a child shouting, occurred from small group party on a boat parked at the dock very near the measurement position until almost 12:00 am. Following this, noise levels were due primarily to traffic noise. March 2015 Ambient acoustic environment was due primarily to traffic generated noise on Coast High- way. June 2015 Ambient noise levels included conversations, laughing, and live music at a nearby house party. Live music continued until 11:00 pm, with conversation, raised voices, and laughing continuing throughout the measurements. Later in the evening when the party was over, noise levels were due primarily to traffic noise. Shown graphically in Figure A, the 15 minute Leq noise levels in general ranged (with the ex- ception of the high levels associated with the live music and party on June 2015) between slightly below the baseline measurements of April 2014, to 7 dB(A) above the baseline levels. The measured Leq's consistently exceeding the baseline levels occurred during the measure- ments conducted in August and December 2014 and June 2015, which all included excessive noise levels due to atypical events such as local parties. X39 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 18 so 7s Q Hi h leve s from party live ry usic at CO 70 - —nE ar y r si enc . 6 M msurei rents i onduc,ed Jun 2 2015 65 S E 60 Z 55 (u cu 50 a) W z 45 40 N easur ments M c nduct d April 2014 35 30 10:00 10:15 10:30 10:45 11:00 11:15 11:30 11:45 12:00 12:15 12:30 12:45 1:00 1:15 1:30 1:45 PM AM 15 Minute Nighttime Noise Level Measurement Periods (Incomplete sections of graphs indicate periods w/no data collected) —Measurements conducted April 2014 Measurements conducted August 2014 —±L—Measurements conducted December 2014 —Measurements conducted March 2015 —Measurements conducted June 2015 Figure A Note that the time scale on the x-axis represents the start time of the 15 minute measure- ment period. For example, data points at 1:30 a.m. represent the 1:30 a.m.- 1:45 a.m.pe- riod, and data points at 1:45 represent the 1:45 a.m. -2:00 a.m.period. The acoustical environment observed and measured during the March 2015 measurement program had an environment most similar to the April 2014 baseline measurements which is relatively free of atypical or uncommon events. The comparison of the measured levels is shown in the following Figure B. m�m m�m m�m 140 City of Newport Beach 3-Thirty-3 Waterfront Acoustical Test Report—June 2015 Page 19 s0 75 70 a m` 65 v M asure ents nduc ed Ma ch 20 5. c � 60 c E 55 N .ti 50 d 7 � 45 v 0 40 z v Me surem nts c nduct d A ri 2014 35 N M 30 10:0010:1510:3010:4511:0011:1511:3011:4512:0012:1512:3012:45 1:00 1:15 1:30 1:45 PM AM 15 Minute Nighttime Noise Level Measurement Periods ®Measurements conducted April 2014 —Measurements conducted March 2015 Figure B As can be seen in Figure B above, noise levels measured in March 2015 differ only slightly from the baseline measurements conducted in April 2014. During all five measurement programs, noise from within the patio was never audible at the dock measurement position and music played within the main 333 restaurant building was found to be less than 44 dB(A) SPL. Based on the measured data, noise from 333 operation does not exceed the Leq-50 dB(A) cri- terion set forth by the City of Newport Beach for nighttime hours. This concludes our report. Please feel free to call with any questions or comments. Sincerely yours, RS Acoustics Inc. Robert Schmidt, Principal C:\Users\Public\Documents\Projects\333 Waterfront\quarterly testing\150627 tests\150727 333 Waterttont qt rpt.docx Il��wll� 2J 2 V� QP �P 2�� Attachment No. PC 9 Staff Correspondence dated October 21, 2014 14S V� QP �P 144 4�EwpoB COMMUNITY DEVELOPMENT DEPARTMENT h 69 100 Civic Center Drive, P.O. Box 1768, v b Newport Beach, CA 92658-8915 (949) 644-3200 C"11FOS October 21, 2014 Mr.Jeff Reuter 3-Thirty-Three Waterfront Restaurant 333 Bayside Drive Newport Beach, CA 92660 SUBJECT: Conditional Use Permit No.UP2011-007 Dear Mr. Reuter, Thank you for meeting with Chief Building Official Seimone Jurjis and me on October 13, 2014 at the restaurant. The purpose of the meeting was to review the recent improvements to the restaurant's outdoor patio area and to ensure that the outdoor patio is being operated consistently in a manner that complies with the above-referenced Use Permit's conditions of approval. In order to ensure operational compliance,you are required to take the following measures: 1. Replace the few missing gaskets surrounding the patio windows; please ensure that all the gaskets are properly maintained on all patio windows at all times. 2. In compliance with Condition #10,the patio occupancy is limited to 37 seats that are configured in a dining room setting. The dining tables and chairs are not permitted to be pushed aside to create standing areas for food and beverage service to patrons. 3. With respect to Condition #8, the outdoor patio area may be used for private parties provided that said use is not a promotional activity and/or does not require a City-issued Special Event Permit. 4. Please provide monthly reports to the Planning Division documenting compliance with: a. Condition 4c-closure of patio windows and roof openings; b. Condition 5-closure of all interior doors and windows between the main restaurant and patio at all times, except for the ingress and egress of patrons and employees; c. Conditions 8 and 10- Patio to be used for dining activities only; and d. Condition 34- Recorded music/amplified sound in patio area is turned off at 10 PM. As a reminder the recorded music/amplified sound can only be audible within the outdoor patio area. Please use the attached template plus photo documentation, as appropriate, for the monthly reports. Although not a condition of approval, you have indicated that you intend to use tablecloths as an added measure to help reduce the sound of dining activities. IL 45 As you know, the next three quarterly noise monitoring reports will occur in December 2014, March 2015, and June 2015. We anticipate that the Planning Commission's review of the Use Permit will occur in August 2015. Please let me know if you have any questions. Kimberly Brandt Community Development Director Attachment: Monthly ReportTemplate (provided in a PDF format) cc: Dave Kiff, City Manager Leonie Mulvihill, Assistant City Attorney Jay Johnson, Police Chief Seimone Jurjis, Chief Building Official Matt Cosylion, Code Enforcement Supervisor Mr. Dennis O'Neil Mr. and Mrs. Don McCalla Mr. and Mrs. David Benvenuti Mr. Frank W. Battaile 1-4(o Attachment No. PC 11 Operator's Compliance Monitoring Checklists 147 V� QP �P 2�g 0 3-Thirty-3 Waterfront Rest wrant 333 Bayside Drive Month and Year: Compliance with Conditiors of Approval, UP2011-007(PA2011-041) Date Conditions' Manager's Initial 1 Patio windows and 'oof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 2 Patio windows and oof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining ai ea with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (3 3 Patio windows and roof closed by 7pm (4c) Interior doors/wind 3ws closed to main restaurant at a imes(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends 10:00 p.m. (34) 4 Patio windows and oof closed by 7pm (4c ........ Interior doors/windows closed to main r staurant at all times (5) Patio is for dining area with 37 seats 10) Recorded music/amplified sound' patio ends at 10:00 p.m. (34) 5 Patio windows and ioof clos by7pm (4c) Interior doors/wind ows cl ed to main restaurant at all times(5) Patio is for dining ar m h 37 seats(8/10) Recorded music/arr ified sound in patio ends at 10:00 p.m.(34) 6 Patio windowsd oof closed by 7pm (4c) Interior doors win Interior closed to main restaurant at all times (5) Patio is:foi;m�djinlng area with 37 seats(8/10) RecoPat/ music/amplified sound in patio ends at 10:00 p.m.(34). 7 10 windows and rDof closed by 7pm (4c) Interior doors/wind ows closed to main restaurant at all times(5)' Patio is for dining ar a with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) Note:The number following e;ich statement refers to the condition of approval found In City Council Resolution No.2011-80,authorizng hours of operation on the patio until 1:00 a.m. 8 Patio windows and roof closed by 7pm (4c) j Interior doors/windows closed to main restaurant at all times(5) Patio is for dining a rea with 37 seats(8/10) Recorded music/a plified sound in patio ends at 10:00 p.m. (34) 9 Patio windows and roof closed by 7pm (4c) Interior doors/winc ows closed to main restaurant at all times(5) Patio is for dining a ea with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 10 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all ti s (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 1 . 0 p.m.(34) 11 Patio windows and oof closed by 7pm (4c) Interior doors%wind Dws closed to main re aurant at all times (5) Patio is for dining area with 37 seats( 0) Recorded music/ar iplified sound i atio ends at 10:00 p.m. (34) 12 Patio windows and oof clos by 7pm(4c) Interior doors/wind ws sed to main restaurant at all times(5) Patio is for dining a e ith 37 seats(8/10) Recorded music/ plified sound in patio ends at 10:00 p.m. (34) 13 Patio wind s and oof closed by 7pm (4c) Interior oors/wind ws closed to main restaurant at all times(5) Pati is for dining area with 37 seats(8/10) corded music/amplified sound in patio ends at 10:00 p.m.(34) 14 Patio windows and roof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times (5) Patio_i&,for dining area with 37 seats(8/10) Recorded music/arr plified sound in patio ends at 10:00 p.m. (34) 1s Patio windows and roof closed by 7pm(4c) AL- Interior doors/windows closed to main restaurant at all times (5) 11 — Patio is for dining area with 37 seats (8/10) 14A Y Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 16 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 1�0 17 Patio windows and roof closed by 7pm (4c) Interior doors/win ows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/a plified sound in patio ends at 10:00 p.m. (34) 18 Patio windows and roof closed by 7pm (4c) Interior doors/winc ows closed to main restaurant at all times(5) -Aa— Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 19 Patio windows and roof closed by 7pm (4c) ( Interior doors/winc ows closed to main restaurant at all times(5) Patio is for dining a ea with 37 seats(8/10) A All Recorded music/at riplified sound in patio ends at 10:00 p.m. (34) 20 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 21 Patio windows and oof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining ai ea with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 22 Patio windows and roof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 23 Patio windows and i oof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining ar2a with 37 seats (8/10) Recorded music/art plified sound in patio ends at 10:00 p.m. (34) 24 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining at m with 37 seats(8/10) Recorded music/art plified sound in patio ends at 10:00 p.m. (34) 25 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining at a with 37 seats(8/10) Recorded music/arT plified sound in patio ends at 10:00 p.m. (34) �J 1�1 26 Patio windows and r of closed by 7pm(4c) Interior doors/windc ws closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 27 Patio windows and r of closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 28. Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/am plified sound in patio ends at 10:00 p.m. (34) 29 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining ar a with 37 seats(8/10) Recorded music/arr plified sound in patio ends at 10:00 p.m. (34) 30 Patio windows and f oof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining ar a with 37 seats(8/10) Recorded music/ary plified sound in patio ends at 10:00 p.m. (34) 31 Patio windows and i oof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining ar 2a with 37 seats (8/10) Recorded music/arT plified sound in patio ends at 10:00 p.m.(34) } RECc,::,.. S COMA"'J"'V 3-Thirty-3 Waterfront R urant ©0 U 333 Bayside Drive k17 " {-Month and Year: �" ' ;20 ! V�4Oa� Compliance with Conditior s of Approval, UP2011-007(PA2011-041) " ^RT Date Conditions' ------- 1 ana e1 Patio windows and roof closed by 7pm (4c) rrQ Interior doors/win ows closed to main restaurant at all times (5) M Q< Patio is for dining a ea with 37 seats(8/10) M 9c- Recorded music/amplified sound in patio ends at 10:00 p.m. (34) "XV . 2 Patio windows and roof closed by 7pm (4c) 40 Interior doors/windows closed to main restaurant at all times(5) — Patio is for dining a ea with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 3 Patio windows and 'oof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 4 Patio windows and oof closed by 7pm (4c) J" Interior doors/windows closed to main restaurant at all times(5) W— Patio is for dining area with 37 seats (8/10) Recorded music/a plified sound in patio ends at 10:00 p.m. (34) 5 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) q/ Patio is for dining ar a with 37 seats(8/10) p — Recorded music/arT plified sound in patio ends at 10:00 p.m. (34) 6 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 7 Patio windows and r of closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 'Note:The number following a ch statement refers to the condition of approval found in City Council Resolution No. 2011-80,authorizng hours c f operation on the patio until 1:00 a.m. 2155 8 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 9 Patio windows and roof closed by 7pm(4c) Interior doors/wln ows closed to main restaurant at all times(5) t is Ss� Patio is for dining area with 37 seats(8/10) Lr Recorded music/a plified sound in patio ends at 10:00 P.M.(34) tsr K 10 Patio windows and roof closed by 7pm (4c) Interior cloors/winc ows closed to main restaurant at all times(5) MIA . Patio is for dining a ea with 37 seats(8/10) r Recorded music/a plified sound in patio ends at 10:00 p.m. (34) pf 11 Patio windows and roof closed by 7pm(4c) Interior doors/winc ows closed to main restaurant at all times(5) Q 44 Patio is for dining a ea with 37 seats(8/10) N Recorded music/aplified sound in patio ends at 10:00p.m. (34) 0/ 12 Patio windows and oof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times(5) �J Patio is for dining a ea with 37 seats(8/10) Recorded music/a plified Sound in patio ends at 10:00 p.m. (34) 13 Patio windows and "oof closed by 7pm (4c) rkj� Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in.patio ends at 10:00 p.m.(34) V 14 Patio windows and roof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/a plified sound in patio ends at 10:00 p.m.(34) 1s Patio windows and toof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/arrPlifled sound In patio ends at 10:00 p.m. (34) 16 Patio windows and roof closed by 7pm (4c)' Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10_) Recorded music/aplified sound in patio ends at 10:00,0.m. (34) 2�� Interior doors/wind ws closed to mann estaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 18 Patio windows and roof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining.ar a with 37 seats (8/10) Recorded music/a plified sound in patio ends at 10:00 p.m. (34) 15 Patio windows and r oof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining ar a with 37 seats (8/10) Recorded music/ary plified sound in patio ends at 10:00 p.m. (34) i 20 Patio windows and i oof closed by 7pm (4c) A4� Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/a plified sound in patio ends at 10:00 p.m. (34) 21 Patio windows and toof closed by 7pm (4c) t7C Interior doors/wind ws closed to main restaurant at all times(5) C Patio is for dining area with 37 seats (8/10) ►H3C Recorded music/amplified sound in patio ends at 10:00 p.m. (34) ri'1Z S- 22 Patio windows and 10of closed by 7pm (4c) 4 Interior doors/windows closed to main restaurant at all times(5) A/ Patio is for dining area with 37 seats (8/10) AA Recorded music/a plified sound in patio ends at 10:00 p.m. (34) ^ 23 Patio windows and oof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times (5) Patio is for dining a ea with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) ) 4 Patio windows and roof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining a ea with 37 seats (8/10) Recorded music/ar iplified sound in patio ends at 10:00 p.m. (34) 25 Patio windows and oof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times (5) Patio Is for dining ai ea with 37 seats (8/10) Recorded music/a plified sound in patio ends at 10:00 p.m. (34) 4/ 1�� 26 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/a plified sound in patio ends at 10:00 p.m. (34) 27 Patio windows and roof closed by 7pm (4c) Interior doors/winc ows closed to main restaurant at all times (5) Patio is for dining a ea with 37 seats(8/10) Recorded music,/a plifled sound in patio ends at 10:00 p.m. (34) 28 Patio windows and roof closed by 7pm (4c) Interior doors/winc ows closed to main restaurant at all times (5) Patio is for dining a ea with 37 seats (8/10) Recorded music/a plified sound in patio ends at 10:00 p.m. (34) 29 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) 44 Recorded music/amplified sound in patio ends at 10:00 p.m. (34) AAA-- 30 Patio windows and oof closed by 7pm(4c) Interior doors/wind 3ws closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/aniplified sound in patio ends at 10:00 P.M. (34) 31 Patio windows and i oof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 2�� ` ` ` 3-Thirty-3 Waterfront Restaurant333 Sayside Drive Z6/� ^�r' Month and Year: Compliance with Conditions of Approval, UP2011-007` A---- -4~/ ` Date.. Conditions' Ma manager's initial 1 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed 0omain restaurant atall times�A Patiu |yfordininQa^eav"�h37seats(A/18) � � Recorded music/amplified sound inpatio ends at1U:OOp.rn. (34) 2 Patio windows and roof closed by7pm" (4c) Interior doors/windows duse odt i rnanrestaurant atall times(5l Pudoisfor dining area m/ithJ1seats(O/1n) � Record edmusic/amplified sound in,patio ends at1O:OVp.m. (34) / 3 Patio windows and roof closed by7pno /4d Interior doors/windows closed tumain restaurant atall times(S) Patio isfor dining area with 37seats(8/1U) Recorded music/amplified sound inpatio ends at10:ODp.nn.(34) 4 Patio windows and roof closed by 7pmWd Interior doors/windows closed o main restaurant atall times(5) Patio isfor dining area with 37seats(8D1U) Recorded music/amplified sound inpatio ends at10ilOp.,n. /34> 5 Patio windows and roof closed by7pun/4c> Interior doors/windows closed tomain restaurant atall times/5) -�—�-- PatiuisfordininQarea"vith37spats(D/1O) � � Recurdedmusic/annp|ifiedsuundin | aduendsat1U:0Op.no. /34\ 6 Patio windows and roof closed bv7orn (4d Interior doors/windows closed tomain restaurant atall times iS> Patinisfordining�reav"ith37seatu(8/1[) � � Recorded nousic/arnp|ifiedsound inpatio ends at10:00p.rn. (J4) 7 Patio windows and roof closed by7pnm (4c) Interior doors/windows closed tnmain restaurant atall times(5> */ Patioisfor dining area ith37seats(Q/10) � � Recorded music/amplified sound inpatio ends at1O:0Op.rn.(34) �Note:The number following each statement refers tothe condition of approval four dinCity Council ResA/@ti»n No.Z0l'8D,avthnriznBhours nfoperation vnthe patio z:8Vm. � / 8 Patio windows and roof closed by 7pm (4c) A4 Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 9 Patio windows and roof closed by 7pm (4c) Odd Interior doors/windows closed to main restaurant at all times(5) W . Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 10 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 11 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 12 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) IM1t SC Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 13 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) J Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 14 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 P.M. (34) 1s Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) � Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) ?� 16 Patio windows and roof closed by 7pm (4c) p�� Interior doors/windows closed to main restaurant at all times(5) �`� Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 1�g 17 Patio windows and roof closed by 7pm (4c) A # Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Av— Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 18 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) l�Q Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 19 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 20 Patio windows and roof closed by 7pm(4c) Ra4 Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/am,plified sound in patio ends at 10:00 p.m. (34) 21 Patio windows and roof closed.by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 22 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 23 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 24 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) y Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 25 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 2�9 4 26 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 27 Patio windows and roof closed by 7pm (4c) t Interior doors/windows closed to main restaurant at all times(5) M8� Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio.ends at 10:00 p.m. (34) C 28 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 29 Patio windows and roof closed by 7pm (4c) 9t Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats ($/10) 3 Recorded music/amplified sound in patio ends at 10:00 p.m. (34) C 30 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 31 Patio windows and roof closed by 7pm (4c) '?yC n (�1V7 c Interior doors/windows closed to main restaurant at all times (5) A1C Patio is for dining area with 37 seats(8/10) `x '' ` Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 100 ' 'St ,,,W,'lE7Ty 3-Thirty-3 Waterfr t Restaurant H)' 333 Bayside Drive / (j `? Month and Year: z Op Compliance with o ditions of Appro I, UP2011-007(PA2011.041) =' AP .s.;. Date Conditions' Mana er Initial 1 Patio windows and roof closed by 7pm(4c) Interior doors/windows closer)to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 2 Patio windows and roof closed by 7pm (4c) rK. Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 3 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) iA Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) , 4 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 5 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) l,G Patio is for dining area with 37 seats (8/10) W77 Recorded music/amplified sound`in patio ends at 10:00 p.m. (34) 6 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio Is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 7 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) y Note:The number following each statement refers to the condition of approval fo nd in City Council Resolution No.2011-80,authorizng hours of operation on the patio until 1:00 a.m. 2�2 8 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 9 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 10 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 11 Patio windows and roof closed by 7pm (4c) 41� Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 12 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 13 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed.to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 14 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 1s Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 16 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 1(02 17 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) MF 18 Patio windows and roof closed by 7pm(4c) rt Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 P.M. (34) f 19 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 20 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound In patio ends at 10:00 p.m. (34) 21 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 22 Patio windows and roof closed by 7pm (4c) qyp Interior doors/windows closed to main restaurant at all times(5) F Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 23 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 24 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 25 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) d Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 1(03 26 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 27 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) — Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 28 Patio windows and roof closed by 7pm (4c) Ad Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 29 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 30 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) NQS r. Patio is for dining area with 37 seats(8/10) P p.m. (34) i`�a 5 c Recorded music'/amplified sound in patio ends at 10:00 31 Patio windows and roof closed by 7pm (4c) „� -Tvnl�' Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) [ i Recorded music/amplified sound in patio ends at 10:00 p.m. (34) We 1(04 v S' QUA<','ti{t�v,rt,f 3-Thirty-3 Waterfront Restaurant 0, U 333 Bayside Drive Month and Year:..-%.- Compliance ear:Compliance with Conditions of Approva P2011-007(PA2011-041) Date Conditions) Mona er's Initial 1 Patio windows and roof closed by 7pm (4c) -� Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 2 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 3 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 4 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 5 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 P.M. (34) 6 Patio windows and roof closed by 7pm (4c) C_ Interior doors/windows closed to main restaurant at all times(5) t�lg1C Patio is for dining area with 37 seats(8/10) "C- Recorded CRecorded music/amplified sound in patio ends at 10:00 p.m.(34) 7 Patio windows and roof closed by 7pm (4c) QIP Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded.music/amplified sound in patio ends at 10:00 p.m. (34) Note:The number following each statement refers to the condition of approval found in City Council Resolution No.2011-80,authorizng hours of operation on the patio until 1:00 a.m. 2�� i i 8 Patio windows and roof closed by 7pm (4c) Interior doors/win+ws closed to main restaurant at all times(5) Patio is for dining a�illlIea with 37 seats (8/10) Recorded music/arhplified sound in patio ends at 10:00 p.m. (34) I 9 Patio windows and oof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining a ea with 37 seats(8/10) Recorded music/attplified sound in patio eriftat 10:00 p.m.(34) 10 Patio windows and roof closed by 7pm (4c) Interior doors/windbws closed to main restaurant at all times(5) At ___ Patio is for dining area with 37 seats(8/10) Recorded music/a plified sound inpatio ends at 10:00 p.m. (34) 11 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/art sound in patio ends at 10:00 p.m. (34) 12 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 13 Patio windows and roof closed by 7pm (4c) Interior doors/wind�ws closed to main restaurant at all times(5) Patio is for dining ar a with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) I 14 Patio windows and roof closed by 7pm (4c) fA� Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/anr(plified sound in patio ends at 10:00 p.m. (34) 1 1s Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 16 Patio windows and r of closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) i I I I I 1(0(0 17 Patio windows and roof closed by 7pm (4c) dry Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound In patio ends at 10:00 p.m. (34) 18 Patio windows and roof closed by 7pm 4c Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music./amplified sound in patio ends at 10:00 p.m.(34) 19 Patio windows and roof closed by 7pm (4c) `a Interior doors/windows closed to main restaurant at all times(5) SV Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 20 Patio windows and roof closed by 7pm(4c) Q13C Interior doors/windows closed to main restaurant at all times (5) �6C Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) roRC 21 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 22 Patio windows and roof closed by 7pm (4c) Aga Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) e 23 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 24 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 25 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 1(0� 26 Patio windows and roof closed by 7pm (4c) U Interior doors/win ows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 27 Patio windows and roof closed by 7pm (4c) Interior doors/winclows closed to main restaurant at all times(5) Patio is for dining.area with 37 seats (8/10) , Recorded music/ain.plified sound in patio ends at 10:00 p.m. (34) 28 Patio windows and roof closed by 7pm (4c) Interior doors/winc ows closed to main restaurant at all times(5) Patio is for dining a ea with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 29 Patio windows and roof closed by 7pm (4c) Interior doors/wind ows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 30 Patio windows and roof closed by 7pm(4c) Interior doors/wind ws closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 31 Patio windows and roof closed by 7pm (4c) Interior doors/wind ws closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/an plified sound in patio ends at 10:00 p.m. (34) 1(0�' �. 3-Thirty-3 Waterfront es aurant bf�Y 333 Bayside Drive �q r' ?Qlt Month and Year: V/ Compliance with Conditions of Approval, UP2011-007(PA2011-041) Date Conditions' Mana er's Initial 1 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 2 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded riiusic/amplified sound in patio ends at 10:00 p.m. (34) 3 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34). 4 Patio windows and roof closed by 7pm(4c) . Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 5 Patio windows and roof closed by 7pm (4c) .Interior doors/windows closed to main restaurant at all times(5) Patio-is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 6 Patio windows and roof closed by 7pm (4c) Interiotdoops/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) 4, ' Recorded-music/amplified-sound in patio ends at 10:00 p.m. (34) 7 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) s Note:The number following each statement refers to the condition of approvakfound in City Council Resolution No.2011-80,authorizng hours of operation on the patio until 1:00 a.m. 2�9 8 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area.with37 seats(8/10)• Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 9 Patio windows and roof closed by 7pm (4c) interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) ,,LL 10 Patio windows and roof closed by 7pm (4c) tr Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 11 Patio windows and roof closed by 7pm (4c) _ . Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) - 12 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 13 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) 3 C Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 14 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) d Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) L 1s Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) t— A A Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 16 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 2j D 26 Patio windows and roof closed by 7pm (4c) {� Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 27 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) M$� Patio is for dining area with 37 seats(8/10) �(jy Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 28 Patio windows and roof closed by 7pm (4c) (� Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) [I/ Recorded music/amplified sound in patio ends at 10:00 p.m. (34) �7ra^mF- 29 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) AA1 Recorded music/amplified sound in patio ends at 10:00 P.M.(34) 30 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 31 Patio windows and roof closed by 7pm (4c) JA Interior doors/windows closed to main restaurant at all times (5) XI Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00p.m. (34) � RECc�jt� 0 00 414 y �' rlurl. 3-Thirty-3 Waterfront Restaurant 7,, p O p 333 Bayside 'em? and Year: `/y Compliance with Coitions il';r'bp? O J of Approval, UP2011-007(PA2011-041) �Fp„ Date Conditions' — Manager's Initial 1 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified.sound in patio ends at 10:00 p.m. (34) 2 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 3 Patio windows and roof closed by 7pm (4c) A(OC Interior doors/windows closed to main restaurant at all times (5) Nt Icl Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 4 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) J Patio is for dining area with 37 seats(8/10) A Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 5 Patio windows and roof closed by'7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) �& 6 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) yf� Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 7 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 'Note:The number following each statement refers to the condition of approval found in City Council Resolution No.2011-80,authorizng hours of operation on the patio until 1:00 a.m. 1j 2 f- 8 Patio windows and roof closed by 7pm(4c) 4 U Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified.sound in patio ends at 10:00 p.m. (34) 07 9 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats.(8/10) � Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 10 Patio windows.and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 P.M.(34) 11 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) r1 / 12 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) . Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) i1r 13 Patio windows and roof closed by 7pm(4c) tri-- Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p:m.(34) 14 Patio windows and roof closed by 7pm (4c) y1 Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 15 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 16 Patio windows and roof closed by 70m(4c) Interior doors/windows closed to main restaurant at all times(5) I Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 2�3 17 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 18 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 19 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 20 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 21 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 22 Patio windows and roof closed by 7pm (4c) r, Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 23 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 24 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 25 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 1�� l - �gCOVED BY COMMUNITY 3-Thirty-3 Waterfront Restaurant SEP 09 2015 333 Bayside Drive /� J Month and yeae,� ✓L�G , 01\ DEVELOPMENT Gr Compliance with Conditio s ofApproval, UP2011-007(PA2011-041) s 0 oy F NIDA POV" Date Conditions' Mana er's ' ial 1 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 2 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) 1( Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 3 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) 44 Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 4 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) t Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 5 Patio windows and roof closed by 7pm (4c) j Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) j Recorded music/amplified sound in patio ends at 10:00 p.m. (34) I 6 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) i i 7 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio Is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) _ 1 Note:The number following each statement refers to the condition of approval found n City Council Resolution No.2011-80,authorizng hours of operation on the patio until 1:00 a.m. i 2�� 8 Patio windows and roof closed by 7pm(4c) l q c— Interior doors/windows closed to main restaurant at all times(5) ,n < Patio is for dining area with 37 seats(8/10) r Recorded music/amplified sound in patio ends at 10:00 p.m. (34) tAQL 9 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats.(8/10) Recorded music/arnplified sound in patio ends at 10:00 p.m.(34) 10 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) V) Patio Patio is for dining area with 37 seats(8/10) ^ ,� Recorded music/amplified sound in patio ends at 10:00 p.m.(34) /+ 11 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 12 Patio windows and roof closed by 7pm(4c) � Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 13 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 P.M.(34) 14 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 P.M.(34) 15 Patio windows and roof closed by 7pm (4c) w Interior doors/windows closed to main restaurant at all times(5) pM Patio is for dining area with 37 seats (8/10) uy dC Recorded music/amplified sound in patio ends at 10:00 P.M.(34) @_ 16 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) � Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 P.M.(34) 17 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 P.M. (34) 18 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 P.M.(34) 19 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) — I 20 Patio windows and roof closed by 7pm(4c) j Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 21 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) \� 22 Patio windows and roof closed by 7pm (4c) ( Interior doors/windows closed to main restaurant at all times(5) � Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 23 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34 ) 24 Patio windows and roof closed by 7pm (4c) interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 25 Patio windows and roof closed by 7pm(4c) T� Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) i I I I i 26 Patio windows and roof closed by 7pm(4c) interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) JAL— Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 27 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 28 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 29 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. 34 30 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) _ Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 31 Patio windows and roof closed by 7pm (4c) A Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) I'. I i Z�g ��,0$1VI:fi� OY ccannngiaNrry 3-Th! Restaurant 9EP 09 ZOOS ' 333 Bayside Drive � Month and.Year ` r DEVELOPMEN'r �� Compliance wi C editions of Rpproval;11P2031-007(PA2011041) Pf OP 0wy IveWPORK Date Conditions' Mana er's initial 1 Patio windows and roof closed by 7pm(4c) N Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) x_ Recorded music/amplified sound in patio ends at 10:00 p.m. (34) ^"P 2 Patio windows and roof closed by 70m (4e) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recordedmusic/amplified sound in patio ends at 10:00 p.m.(34) 3 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats.(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 4 Patio windows and roof closed by 7pm (4c) Ad- Interior Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio'ends at 10:00 p.m.(34) 5 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 6 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends,at 10:00 p.m.(34) 7 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) L 1 Note:The number following each statement refers to the condition of approval found)n City Council:Resolution No.2011-80,authorizng hours of operation on the patio until 1:00 a.m. Z�q 8 Patio windows and roof closed by 7pm(4c) A Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) — Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 9 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 10 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) i 11 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 12 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 13 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) i' 1 Recorded music/amplified sound in patio ends at 10:00 p:m.(34) 14 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 1s Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) J 16 Patio windows and roof closed by 7pm(4c) AAL Interior doors/windows closed to main restaurant at all times (5) _L Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 1g0 17 Patio windows and roof closed by 7pm(4 c) 1 Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 18 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) - 19 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) i 20 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) K Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 21 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 22 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 23 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times (5) Patio is for dining area with 37 seats (8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 24 Patio windows and roof closed by 7pm (4c) JA- Interior doors/windows closed to main restaurant at all times (5) #� Patio is for dining area with 37 seats (8/10) L Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 25 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio Is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) I 2 g2 26 Patio windows.and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 27 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 28 Patio windows and roof closed by 7pm (4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 P.M.(34) 29 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats (8/10) —� Recorded music/amplified sound in patio ends at 10:00 p.m. (34) L_ 30 Patio windows and roof closed by 7pm(4c) Interior doors/windows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m.(34) 31 Patio ' ows and roof closed by47om (4c) Interior doo doves closed to`'mai aurant at all times(5) Patio is for dining a ith 37 seats(8/10) Recorded music/amplifiedSeyind in patio ends at 1 m. (34) 2g� 6a�1>ArruSitiJYTY _ 3-Thirty-3 Waterfr t Re aurarrt SEP 09 2015 333 Bayside Drive Month and Year: / „ i;) vG OPMENT 2� Compliance wit C nditi s f Approval,UP2011-007(PA2011-041) ? oc NEVVPOO Date Conditions' Manager Aitiai 1 Patio windows ar d roof closed by 7pm (4c) Interior doors/wi idows closed to main restaurant at all times(5) Patio is for dinin ;area with 37 seats(8/10) Recorded music j amplified sound in patio ends at 10:00 p.m. (34) 2 Patio windows at d roof closed by 7pm (4c) Interior doors/wi,dows closed to main restaurant at all times(5) Patio is for dining;area with 37 seats(8/10) Recorded music j amplified sound in patio ends at 10:00 p.m.(34) 3 Patio windows ar'd roof closed by 7pm (4c) Interior doors/w ;dows closed to main restaurant at all times(5) Patio is for dininj area with 37 seats(8/10) 'a Recorded music ;amplified sound in patio ends at 10:00 p.m.(34) fal'�cL=- 4 Patio windows a i'd roof closed by 7pm(4c) ti Interior doors/w'idows closed to main restaurant at all times(5) 117 P Patio is for dinin area with 3'7 seats (8/10) Q Recorded music amplified sound in patio ends at 10:00 p.m. (34) 5 Patio`windows a 'd roof closed by 7pm (4c) Interior doors/w dows closed to main restaurant at all times(5) Patio is for dinin area with 37 seats(8/10) Recorded music ;amplified sound in patio ends at 10:00 p.m.(34) 6 Patio windows ai ld roof closed by 7pm(4c) Interior doors/w 1dows closed to main restaurant at all times(5) Patio is for dininj area with 37 seats(8/10) Recorded music amplified sound yin patio ends at 10:00 p.m.(34) 7 Patio windows aj d roof closed by 7pm (4c) Interior doors/w'idows closed to main restaurant at all times(5) Patio is for digin area with 37 seats(8/10) Recorded music amplified sound in patio ends at 10:00 p.m.(34) 'Note:The number followii g each statement refers to the condition of approval found in City Council Resolution No.2011-80,authorizng ho,irs of operation on the patio until 1:00 a.m. IRS 8 Patio windows an roof closed by 7pm (4c) Interior doors/wi 'dows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/ mplified sound in patio ends at 10:00 p.m.(34) 47 9 Patio windows a roof closed by 7pm(4c) U-111 Interior doors/wii dows closed to main restaurant at all times(5) Patio is for dining urea with 37 seats(8/10) Recorded music/amplified sound in patio ends at 10:00 p.m. (34) 10 Patio windows an' roof closed by 7pm (4c) Interior doors/wil dows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/implified sound in patio ends at 10:00 p.m.(34) 11 Patio windows an''I roof closed by 7pm (4c) Interior doors/wh dows closed to main restaurant at all times(5) Patio is for diningrea with 37 seats(8/10) Recorded music/ mplified sound in patio ends at 10:00 p.m. (34) AV 12 Patio windows an 1. roof closed by 7pm (4c) Interior doors/wi idows closed to main restaurant.at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/implified sound in patio ends at 10:00 p.m.(34) 13 Patio windows an I roof closed by 7pm(4c) Interior doors/widows closed to main restaurant at all times(5) Patio is for diningarea with 37 seats(8/10) Recorded music/ implifled sound in patio ends at 10:00 p:m.(34) 14 Patio windows an'I roof closed by 7pm (4c) Interior doors/wh dows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/ implified sound in patio ends at 10:00 p.m.(34) 15 Patio windows an i roof closed by 7pm(4c) Interior doors/wit dows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/i mplified sound in patio ends at 10:00 p.m.(34) 16 Patio windows an' roof closed by 7pm(4c) Interior doors/wir idows closed to main restaurant at all times(5) Patio is for dining prea with 37 seats(8/10) Recorded music/i mplified sound in patio ends at 10:00_p.m.(34) 124 i I 17 Patio windowsand. roof closed by 7pm (4c) Interior doors/wir 6ows closed to main restaurant at all times(5) Patio is for dining, rea with 37 seats(8/10) Recorded music/i mplified sound in patio ends at 10:00 p.m. (34) 18 Patio windows ani I roof closed by 7pm (4c) Interior doors/wir dows closed to main restaurant at all times(5) Patio is for dining, rea with 37 seats(8/10) Recorded music/ mplified sound in patio ends at 10:00 p.m.(34) 19 Patio windows an roof closed by 7pm (4c) Interior doors/wIl dows closed to main restaurant at all times(5) !J Patio is for dining rea with 37 seats (8/10) / Recorded music/'mplified sound in patio ends at 10:00 p.m.(34) I 20 Patio windows an roof closed by 7pm(4c) Interior doors/wit,dows closed to main restaurant at all times(5) Patio is for diningrea with 37 seats(8/10) Recorded music/implified sound in patio ends at 10:00 p.m.(34) 21 Patio windows an i roof closed by 7pm (4c) Interior cloors/wIf idows closed to main restaurant at all times(5) Patio is for dining rea with 37 seats(8/10) Recorded music/ implified sound in patio ends at 10:00 p.m. (34) 22 Patio windows an f roof closed by 7pm (4c) Interior doors/wh dows closed to main restaurant at all times(5) Patio is for dining'area with 37 seats(8/10) Recorded music/ implified sound in patio ends at 10:00 p.m.(34) 23 Patio windows an I roof closed by 7pm (4c) Interior doors/wit dows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/ mplified sound in patio ends at 10:00 p.m. (34) I 24 Patio windows an i roof closed by 7pm (4c) Interior doors/wit dows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/ mplified sound in patio ends at 10:00 p.m. (34) I 25 Patio windows an I roof closed by 7pm (4c) 44 Interior doors/wi'dows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/ mplified sound in patio ends at 10:00 p.m.(34) I I I I 2 g� i 26 Patio windows anc roof closed by 7pm(4c) Interior doors/win ows closed to main restaurant at all times(5) Patio is for dining i rea with 37 seats(8/10) Recorded music/anplified sound in patio ends at 10:00 p.m. (34) i 27 Patio windows anc roof closed by 7pm (4c) 1 Interior doors/win lows closed to main restaurant at all times (5) Patio is for dining i rea with 37 seats (8/10) Recorded music/a nplified sound in patio ends at 10:00 p.m. (34) 28 Patio windows an roof closed by 7pm (4c) Interior doors/win lows closed to main restaurant at all times(5) Patio is for dining rea with 37 seats(8/10) Recorded music/a riplified sound in patio ends at 10:00 p.m. (34) i 29 Patio windows an roof closed by 7pm (4c) Interior doors/win lows closed to main.restaurant at all times (5) Patio is for dining i rea with 37 seats(8/10) Recorded music/ plified sound in patio ends at 10:00 p.m. (34) 30 Patio windows anc roof closed by 7pm (4c) Interior doors/win ows closed to main restaurant at all times(5) Patio is for dining rea with 37 seats(8/10) Recorded music/a plified sound in patio ends at 10:00 p.m. (34) 31 Patio windows anc roof closed by 7pm (4c) Interior doors/win lows closed to main restaurant at all times(5) Patio is for dining rea with 37 seats(8/10) Recorded music/a plified sound in patio ends at 10:00 p.m.(34) i I i I 1g(o COMMUNITY ?� 3-Thirty-3 Waterfro 33315 ayside Drive R aurant ^� G/ SEP 09 2015 Month and Year: Compliance with Cdnditi s of Approval,UP2011-007 (PA2011-041) 111 DEVELOPMENT or IvEW.PO?" Date Conditions' Manager's Initial 1 Patio windows ai d roof closed by 7pm(4c) Interior doors/w'iclows closed to main restaurant at all times(5) Patlo is for dininf area with 37 seats(8/10) Recorded music j amplified sound in patio ends at 10:00 p.m. (34) 2 Patio windows a d roof closed by 7pm(4c) Interior doors/w iclows closed to main restaurant at all times(5) Patio is for clininj area with 37 seats(8/10) Recorded music iamplified sound in patio ends at 10:00 p.m. (34) 3 Patio windows a d roof closed by 7pm (4c) Interior doors/w idows closed to main restaurant at all times(5) Patio is for dinini area with 37 seats(8/10) Recorded music amplified sound in patio ends at 10:00 p.m.(34) 4 Patio windows ai d roof closed by 7pm (4c) Interior doors/w idows closed to main restaurant at all times(5) y Patio is for dininarea with 37 seats(8/10) Recorded music amplified sound in patio ends at 10:00.p.m.(34) S Patio windows a d roof closed by 7pm(4c) Interior doors/w dows closed to main restaurant at all times(5) Patio is for dininj area with 37 seats(8/10) Recorded music amplified sound in patio ends at 10:00 p.m.(34) 6 Patio windows ai'd roof closed by 7pm (4c) Interior doors/w idows closed to main restaurant at all times(5) Patio is for dinin area with 37 seats(8/10) Recorded music amplified sound in patio ends at 10:00 p.m.(34) 7 _ Patio windows ai d roof closed by 7pm (4c) Interior doors/w,idows closed to main restaurant at all times(5) Patio is for dinp' area with 37 seats(8/10) Recorded music j amplified sound in patio ends at 10:00 p.m.(34) 'Note:The number followli g each statement refers to the condition of approval found in City Council Resolutlon r No.2011-80,authorizng ho irs of operation on the patio until 1:00 a.m. �i I Zg� 8 Patio windows an roof closed by 7pm (4c) Interior doors/wi dows closed to main restaurant at all times(5) Patio is for dining rea with 37 seats(8/10) Recorded music/implified sound in patio ends at 10:00 p.m.(34) 9 Patio windows an I roof closed by 7pm (4c) Interior d oors/wh dows closed to main restaurant at all times(5) Patio is for dining area with 37 seats.(8/10) Recorded music/implified sound in patio ends at 10:00 p.m,(34) 10 Patio windows an f roof closed by 7pm (4c) Interior doors/wii dows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/ mplified sound in patio ends at 10:00 p.m.(34) 11 Patio windows an I roof closed by 7pm (4c) Interior doors/wff dows closed to main restaurant at all times (5) Patio is for dining area with 37 seats(8/10) Recorded music/,implified sound in patio ends at 10:00 p.m.(34) 12 Patio windows an I roof closed by 7pm(4c) Interior doors/wil dows closed to main restaurant at all times(5) Patio is for dining' rea with 37 seats(8/10) Q Recorded music/ mplified sound in patio ends at 10:00 p.m.(34) 13 Patio windows an I roof closed by 7pm (4c) Interior doors/wir dows closed to main restaurant at all times(5) Patio is for dining rea with 37 seats(8/10) Recorded musicla mplified sound in patio ends at 10:00 p:m.(34) 14 Patio windows an roof closed by 7pm (4c) Interior doors/wir lows closed to main restaurant at all times (5) Patio is for dining rea with 37 seats(8/10), �f Recorded music/� nplified sound in patio ends at 10:00 p.m.(34) is Patio windows an roof closed by 7pm(4c) Interior doors/win iows closed to main restaurant at all times(5) Patio Is for dining i'rea with 37 seats(8/10) Recorded music/a mplified sound in patio ends at 10:00 p.m.(34) 16 Patio windows anc roof closed by 7pm(4c) Interior doors/win ows closed to main restaurant at all times(S) Patio is for dining rea with 37 seats(8/10) — -�— Recorded music/ plified sound in patio ends at 10:00 p.m.(34) I°--n-t i 1gg 17 Patio windows an I roof closed by 7pm (4c) Interior doors/wi dows closed to main restaurant at all times(5) Patio is for dining rea with 37 seats(8/10) Recorded music/ mplified sound in patio ends at 10:00 p.m. (34) 18 Patio windows an roof closed by 7pm (4c) Interior doors/wi flows closed to main restaurant at all times(5) Patio is for dining rea with 37 seats(8/10) Recorded music/ mplified sound in patio ends at 10:00 p.m.(34) 19 Patio windows anroof closed by 7pm (4c) Interior doors/wi ows closed to main restaurant at all times(5) Patio is for dining' rea with 37 seats(8/10) Recorded music h mplified sound in patio ends at 10:00 p.m. (34) I 20 Patio windows ano roof closed by 7pm(4c) Interior doors/win lows closed to main restaurant at all times(5) Patio is for dining irea with 37 seats(8/10) Recorded music/a mplified sound in patio ends at 10:00 p.m.(34) 21 Patio windows an• roof closed by 7pm (4c) Interior doors/win lows closed to main restaurant at all times(5) Patio is for dining rea with 37 seats(8/10) Recorded music/ rnplifled sound in patio ends at 10:00 p.m. (34) 22 Patio windows anc roof closed by 7pm (4c) Interior doors/win lows closed to main restaurant at all times(5) Patio is for dining i rea with 37 seats(8/10) Recorded musicla riplified sound in patio ends at 10:00 p.m. (34) 23 Patio windows an roof closed by 7pm (4c) Interior doors/win lows closed to main restaurant at all times (5) Patio is for dining rea with 37 seats (8/10) Recorded music/a nplified sound in patio ends at 10:00 p.m. (34) - 24 Patio windows and roof closed by 7pm (4c) Interior doors/wini ows closed to main restaurant at all times(5) Patio is for dining a ea with 37 seats(8/10) Recorded music/a plified sound in patio ends at 10:00 p.m. (34) 25 Patio windows and roof closed by 7pm (4c) Interior doors/win lows closed to main restaurant at all times(5) Patio is for dining a,ea with 37 seats(8/10) Recorded music/a plified sound in patio ends at 10:00 p.m. (34) i i I I 1 g9 y^. 26 Patio windows an I roof closed by 7pm (4c) Interior doors/wir dows closed to main restaurant at all times(5) Patio is for dining 1rea with 37 seats(8/10) Recorded music/ mplified sound in patio ends at 10:00 p.m. (34) 27 Patio windows an I roof closed by 7pm (4c) Interior doors/wir dows closed to main restaurant at all times(5) Patio is for dining 'area with 37 seats(8/10) Recorded music/ ;mplified sound in patio ends at 10:00 p.m.(34) 28 Patio windows an roof closed by 7pm (4c) Interior doors/wi dows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) ) Recorded music/ mplified sound in patio ends at 10:00 p.m.(34) / 29 Patio windows an, roof closed by 7pm(4c) Interior doors/wir dows closed to main restaurant at all times(5) Patio is for dining area with 37 seats(8/10) Recorded music/ mplified sound in patio ends at 10:00 p.m. (34) I 4 30 Patio windows ani roof closed by 7pm (4c) Interior doors/wi ;dows closed to main restaurant at all times(5) Patio is for diningarea with 37 seats(8/10) Recorded music/ mplified sound on patio ends at 10:00 p.m,(34) 31 Patio windows an roof closed by 7pm (4c) Interior doors/wi ows closed to main restaurant at all times(5) Patio Is for dining rea with 37 seats(8/10) Recorded music/'mplified sound in patio ends at 10:00 p.m.(34) i i 1�°D Attachment No. PC 12 Public Correspondence 191 V� QP �P 29� Nova, Makana From: Consultation <Consultation@drbenvenuti.com> Sent: Tuesday, September 01, 2015 4:15 PM To: Nova, Makana Subject: RE: 3-Thirty-3, 4th Quarter Acoustical Monitoring Report Makana, As always, thank you for keeping us in the loop. My feedback would be that 3-Thirty-3 followed the 7pm closing of the windows and doors quite successfully from our meeting until summer. At that time, they stopped the 7pm protocol. This should be documented. Thank you, Leann Benvenuti From: Nova, Makana [ma ilto:MNova Ccbnewportbeachca.gov] Sent: Monday, August 31, 2015 5:41 PM To: MCCALLA, DON; BENVENUTI, LEANN Subject: 3-Thirty-3, 4th Quarter Acoustical Monitoring Report Good Evening Don and Leann, Thank you for expressing interest in the project application at 333 Bayside Drive (PA2011-041).The 4th quarter monitoring report is now available (attached).This latest monitoring test was completed on a night in June when noise levels were high in the vicinity due to a live band playing from a private yacht docked at Linda Isle from 10pm through 11pm.As a result,the measurements charted are relatively high but were not a result of activity from 3-Thirty-3. Now that this report is complete, I'd like to schedule 3-Thirty-3 (PA2011-041)for a one-year review as required by Condition No.4e of City Council Resolution No. 2011-80. 1 tentatively have the item scheduled for the September 17, 2015, Planning Commission meeting. If you'd like, now would be the time to begin preparing your comments if you'd like to submit a statement for inclusion in the Planning Commission packet.The print date for Planning Commission is next week on September 7, 2015.Any comments received after that date will be distributed separately to the Planning Commission as additional comments received. Let me know if you have any questions or comments in the meantime. Thank you, H^Aocy.oc Notiic ASSOCIATE PLANNER, AICP Planning Division Community Development Department City of Newport Beach 100 Civic Center Drive I Newport Beach, CA 92660 P. 949.644.3249 m nova Cal n ewoort be a chca aov www.new no rtbe a ch ca.a ov 1 � )3 V� QP �P �9� Attachment No. PC 13 Operator License No. OL2012-003 (PA2012-111) i95 V� QP �P 29� PORT CITY OF NEWPORT BEACH F V T e� cq�/FO RNP July 3, 2014 Donald and Sandy McCalla David and Leann Benvenuti 105 Linda Isle 106 Linda Isle Newport Beach, California 92660 Newport Beach, California 92660 Sent via E-Mail to: Frank Battaile —F.Battaile@BattaileLaw.Com RE: Your Appeal of the Chief of Police's Issuance of an Operator's License for 3-Thirty-3 Bayside Drive Dear Mr. and Mrs. McCalla and Mr. and Mrs. Benvenuti: Thank you for the documentation associated with your appeal of the Chief of Police's issuance on June 5, 2014 of an Operator's License for the patio dining area at 333 Bayside Drive, otherwise known as the 3-Thirty-3 Restaurant. As you might be aware, Newport Beach Municipal Code (NBMC) Section 5.25.060 sets forth: C. The determination of the Chief of Police to deny or to place conditions upon the approval of an operator license shall be appealable by the applicant or any interested party. Such appeal shall be made in writing to the City Manager, within fifteen (15) days of the postmark date of the Chief of Police's notice of decision. The appeal shall set forth the particular condition and the reasons that the applicant or any interested party believes the findings or decision is in error. The City Manager shall make a determination on the appeal based on the application materials,the written determination of the Chief of Police and the written appeal of the applicant or any interested party. The City Manager may take any of the following actions on the appeal: 1. Deny the appeal and affirm the determination of the Chief of Police and the conditions contained therein; or 2. Approve the appeal and/or approve or modify an appealed condition; or 3. Refer the application to the Chief of Police for further investigation and determination to be completed by a date certain. In your appeal, you note specific concerns about the noise study as well as whether or not 3- Thirty-3 has complied with the Planning Commission's Use Permit (UP2011-007) Condition 4(a), which reads: City Hall . 100 Civic Center Drive . Post Office Box 1768 • Newport Beach, California 92659-1768 29� Page 2 of 3 "Require the outdoor dining patio to be attenuated to the same sound level as the main restaurant building when all exterior openings are closed..." In making my decision today, I reviewed your written appeal documents, the NBMC, the Planning Commission's action, the Sound Consultant's report, the Operator's License itself, and I visited the restaurant site. I have determined to uphold the issuance of the Operator's License and to respectfully deny your appeal for the following reasons: 1 - The NBMC provides that "the determination of the Chief of Police to deny or to place conditions upon (my emphasis added) the approval of an operator license shall be appealable by the applicant or any interested party." Clearly, the Chief of Police did not deny the license, but nor did Chief Johnson place conditions on the license that are different from the conditions applied by the Planning Commission on the Use Permit. In fact, the key condition you cite in your appeal (Condition 4.a.) appears to be nearly identical to the Use Permit's (UP2011-007) condition. Holding back an Operator's License that mirrors an approved Use Permit condition is contrary to the intent of the appeal process for Operator's Licenses, which is geared towards differing, more restrictive conditions from the already-approved Use Permit, or an outright denial of the uses authorized by Use Permit No. 2011-007. In fact, NBMC Section 5.25.050 (D) precludes the Chief of Police from attaching conditions that are inconsistent with, or less restrictive than, those required by the Use Permit. 2 - Further, the sound consultant (RS Acoustics) noted in its conclusion (report dated May 21, 2014) that: "... the predicted noise levels of Leq-20 d8(A) generated by the patio operation at full occupancy is substantially less than the measured noise levels of Leq-48.9 d8(A)for the main restaurant during the "worst-case" live musical performances thus satisfying condition 4.a of the project Conditions of Approval." I also visited the site and reviewed the interior of the patio and the extent of the soundproofing. The additional attenuation at the ceiling level as well as the existing attenuation at the windows appear to support the sound consultant's conclusion. While I very much respect your concerns over noise from any facility that operates at night along our waterfront, I do believe that Condition 4.a. has been complied with. And I believe that the issuance of the Operator's License did not change Condition 4.a, as approved by the Planning Commission. Be assured that pursuant to Condition 4.b., the Community Development Department will continue to monitor the sound reporting at 3-Thirty-3 on a quarterly basis, and Condition 19g Page 3 of 3 4.a. must be met throughout the review period, which includes summer Thursdays, Fridays, or Saturdays. The Operator's License can be revoked relatively quickly if additional studies find non-compliance. I am certain that the Department staff will keep you apprised of the results of the quarterly reporting, as well as the time at which the one-year review occurs before the Planning Commission. Again, thank you for sending me this information and appeal. While my decision may not have been what you hoped, please know that we take noise monitoring and measurement very seriously and will act accordingly if the operations of this patio past 10:00 p.m. exceed the conditions in the Use Permit. Sincerely, Dave Kiff City Manager City of Newport Beach 949-644-3001 and dkiff@newportbeachca.gov cc: Council Member Ed Selich Kim Brandt, Director of Community Development Jay Johnson, Chief of Police Jeff Reuter, 3-Thirty-3 Restaurant Zqq Appeal Application Clerrf_r,�l T)mp °� H . � City Clerk's Office > 100 Civic Center Drive/P.O. Box 1768 7014 .11!01 19 a<M 9: 16 ix Newport Beach, CA 92658-8915 °�trsoRr�' T (949)6443005 C=-rt OF C,T„ 0 'r F '! Appeal the Decision of: Applicable Appeal Fees Pursuant to Mastdr��ee "`' ScheTule adopted 10-22-14: ❑ Hearing Officer- NBMC§20.64 Hearing Officer- $4,289.00 Operator License- NBMC§5.25.060 Operator License- 692.00 Attention: City Manager) ❑ Planning Commission - NBMC§20.64 Planning Commission -$4,289.00 ❑ Zoning Administrator (Development Zoning Administrator-$4,289.00 Agreements) - NBMC 15.45.080 ❑ Other Other- $ Appellant Information: �c J Name(s): w c aI `finyir�tj Address: l O �- City/State/Zip: t ; Phone: 'L49—�) 33-1 J 3 Fax: VO—(o ;15-362_Email: / Appealing Application Regarding: Name of Applicant(s): _ —� I Date of Decision: 1— � �©14 Project No.: 7&:QDlpI I Activity No.: Site Address: f320 -A C4 �Z l c; Let, &C-) Description of application: IPI Reason(s)for Appeal (attach a separate sheet if necessary): Signature of Appellant: Date: FOR OFFICE USE ONLY: j �Q Date Appeal filed d Administrative Fee received: V l� L-l 20 i1q. l'VVIIb ��W�R A City Clerk D cc: Department Director,Deputy Director,Staff GLim F.1UserslClerklShamdlFormsL9ppeal Application File 200 Donald and Sandra McCalla 105Linda Isle Newport Beach June 12','2014 Mr. David Kiff City Manager. 100 Civic,Center Drive City of Newport Beach, Ca. 92660 Subject: Operator License for.3-Thirty-3-Restaurant. Dear Mr. Ki£f, Our neighbors David and Leann Benvenuti and my wife and T have serious concerns with thesound standard and noise study provided by Mr.Jeffery Reuter of 3-Thirty=3 Restaurant. We are.in complete agreement with the City of Newport Beach's new policy requiring restaurants requesting changes in operations to obtain a new Conditional Use Permit and an Operator License before beingallowed to expand services or extend dining hours. Our one concern regarding granting Mr. Reuter an Operator License at this time is Condition 4a of Resolution 2011-80,Exhibit A. The testingstandard designated by the planning staff does not assure,that the Outdoor Dinning Deck will. attenuatesound to same degree as the main building as required under Condition 4a. With this standard Mr. Reuter could probably pass the required sound test by doing virtually nothing to his building. It is curious to us that the,planning department had their sound consultants prepare two.RFP's which went to RS Acoustic Inc. The first request was.received.December 16,2013;and the second was received on January 16,2014. Oursound consultant, Acoustical Consulting Services,insists that the December 16,2013 RFP would have produced the sound attenuation results we negotiated for in Condition 4a. When we negotiated condition 4a we thought we had achieved an attenuation standard that would insure that there would be no need in the future for nightly summer season calls to the police department with our noise complaints. Additionally we take issue with the methodology of the study,Please see the comments of our sound consultant,#'s 5 and 7 below. 1 have enclosed for your consideration copies of the following'. 1, Copy of Resolution 2011-80 2. Copy of RFP December 16,2013 3, Copy of RFP January 16,2014 4. Copy of Letter from our Attomey Frank Battaile on January 28,2014 5. Copy of Letter from our sound consultant Acoustical Cons ulting,Services February 4,2014 regarding Operator License 6, Copy o£Letterfrom our Attorney Frank Battaile regarding Operator License June 4,2014 7, Copy of Letter from our sound consultantAcousticalConsulting Services June 4,2014 regarding Operator License 8. Copy of sound study by RS Acoustics Inc. performed in accordance with 2°a RFP. Thank,you again for your time and consideration. Sin erely,' O��� Donald D McCalla ��1 .X OPEROOR LICENSE APPROVAL LETTER r�- @7Ay'$A_NTA W_ &APA,[_5F2IVU. , 'q revs 4;i'�yti� A1'EWF_bRTFSEACH,'CA22SW 484ig SM-MI FAKJ04M 64,4•370' Application No, operator Lilceinse Km 20112410:3PA20,12-11i1), C neriftp'I'icant .leffe'ry Reuter Location 4Narne 3-Thirty-3 Site Address 3353 Sayside DOW Legal! IDescriipfi'oni Parcell 8 of Resubetivislon ,249 being a 1polrtion of 311oclk 94 of lirvin 's 'Siulbe i'mislon as :shown a maip thereof recardedl In Book 1, (Page 88, rrnii'scellane6us racord maps,, records of Orange County, Calftrn'a On June 5 2 1 o the Chief:of Police approved the ftallo Ang: An operator Illcense ter allimw Jeffery Reuter to operate an exisling food ser Ace restaurant, 34hKy-3 wvfth late hnulrs, a Type 47 oeer, vuin'e, 'd'is ilped spiril's) Alcoholiic Beverne, Control (ABC) hVe'nse, and, accessory outdoor dining to increase their hours of operation for the outdoor dining patio from 9;1Du aj,m, through 9:a[ ,p.m., daily, fo 9zOO a m. 'through 1-00 a 1m, daily. Cond floRal use Pernit 'No. UP2011-007 (PA2011,j4411'(was approved by the City Council on Jurne! 2.13,. 20111 "to extend the hours of operation on the outdoor €1lning pati, until Iiloo sign,, daily.. Pursuant to, NBFVIC 5.26, the operuUon as described required the u mer>rpperator to ubtaiini an Operator Libeinse througlh lbe 'City+. REQUIRED FINDINGS The Chief of Folioe ,hes made flee folibMing findings as nequrir'ed by NIBMC 5.25_050(18), Findinti;:. A, The businessor enferorise rt kcalad in ,a zone permitUng the proposed use under Title: 20 of the NBMC, and is sub)ecl to such use permies as may be,requirtd. Facts In Support of Rindlino. 1. Conditional Use Permil. No.. UP'20111-fHi7 ('PA lf15=041) wasapproved by the City Council an June 28, 2'(111 In extend the hours of operation an the ouIdoor 'dinIng (patio until 1.00 a.rni.., 'd'aily� The proposed floor plan Ihas been determined to be In substantial e<rnfo'rrnaince fo the 'floor(plains approved by the oandifia'nal use permR, 202 .3-Thirty--3 Operator Llcense June 5, 20-14 Page 2 2. A food service restaurant with, alcoholservice is a ipermittied' use, in the Chi (Canamercial! 'Recreational and Marines zoning district through the approval' c;'f a comditicnal use perm-it.. piing B. In the case. of a business or onterpriae offering Snferfee iment;0 as� deFined, the premsas meets alt air the crfferla in Chapter 5,2&040_x.2-F„ (Facts im Support ofFinding 1. The proposed occupancy is 224 persons and' the security plan includes adequate se-curity who, 'vAll he slationed at thu valet parkIng stand, the main entrance, and! Inside the restaurant. A least one security personnel shall be, on, duty diuuingl business, hours_ The parsonnat located at the valet 1p+addng stand will be! responsible fur patroillingl kine parkirng tot and the valet persannel ,on thyme prteaparty to, control Iloiteding noise, elicit activity, and other objectWable condiaons ghat may occur 6-n the, properly_ 2. The outdoor dining ,patio its situated towards the water side of the property. Condlitienal Use Permit: W. U 2i3ti=007 has Ibeern conditioned) to require the, outdoor 1patlo +indows and roof openngis to be closed) at 7;00 p,rrn.,, daily, to unviniinize 'tlue impact of noise ipadjacent properties. Additional l-mpnvements have been made to thae riogf of the outdoor dining patio to provide additional sound atten'u'ation as required by Condition of Approval No. 4a. The instaillati has been tested by an ecoustiica9 engineer and' certified as to meeting city code amuse 5taindards. Quarterly sound rnonitaring is required to ensure comp9ience with, Condition of Approval' Pio. Obi, where the noise from tate outdoor dining patio shalt be attenuated to, the same Ileuell as the main restaurant building. 3. A Ilive entertainment, permit is regUiired for the Restaurant to prowFrde Ilve entertainment within the amain dining rporn area. The proposed' estaij4lishrnent is requked to comply wTlh the addItionall r,egulatieris per Bechar 5.28.041 of Ilhe trlu,niclpal GWe. 4; Signage for the reposed establishment wiri the required to comply With the provirsions of Chapter 20. 12 (SIgri Standards) of the Nevin gsach Municip+a'l Code. S. The ientireinterior piortlan c+F tKe Wr~ mg area wrhere live eintertain ent may occur is open,and visible firom a sl'es and piublIlic areas Mthin tine restaurant_ B; A. manager Will be present on-slate at ali tires if entertafnrment its performed at flme maim dining imam. 203 3-This ty-3 Operator License J'unr 5, 2.01 Page 3. 7. T;hei establishrneni'wwiill not olperaatia between the hours of-7-;00 a.m. and 7.00 a.m. Fid,, ii , The,proposed Me p Wn and 074 "provemeri'ts, wflJ'a the use arid'the ,purr of operafforis. Farts in Suuioport'of Finding, 1. A irestauralnt has been operated in this location since 1968. The building has: operated as an eating and drinking estabilishment In the past wind damonstrated !the Ducation`s capabiiity of operating,. The conditions of approvall will ensurethe; oe,mpatlbility of the use With other landl uses in the vicin'ity'. g The liar area Gs located avithin the dining area of't!he restaurant., The proposed floo plan accommodates 85 seats in the wain, dining noun, 25 seats Fn the bar area, and 37 .seats on the outdoor dining path, consistent M ith the use permit approval. 3. The windows of the outdoor dining palin are required_ to be closed at 7:00 p.ns„ to, linnit:noise on the water side of the rasta,urant. Fin= ., The ,plan of loymralions as Proposed, %,Wh attached condikns ;n pAam fs equa'le in light of Me rreighboMood fn whkhthe pra=rafion is bcated and su'ppo4s the public heakh, saAefy, and wwa are of the crur murrrrty. FacesIn S'�hddorf oF'Fiu,rlln i, i.: A secuartty' plain is pr+xvidedl, Which Includes a ininimurni of three security personnel Thai day thoough SaturdRy to monitortlhe parking' area, the main entrance, and the dining areas. A minim:-um of one security personnel uhalll' Ibe on duty outside the premises alt'ali Iimen whil the business Be open. 2. The security guarding the valet par' ng stand WIR be responsible for negulating the lousing, noise, elicit activity', and other objectionable conditions that may occur outside got they, re.9taurant'., 3. The 'busine'ss +rrilll be requlrecl to cornp,ty with :the hours of operaflon as specified in the canditio',ns of approval for the operator Iicernse„ At, The operator iicemsehas mean conditnonedl to require the applicant to work d'ipigently wwith'the City iif any parking or cineudalion Tissues no-rur ts"Ile. A varlet parkdngi plan is required, to ensure ,adequate parking circulation and to, ensure-valet pick-up .and drop-off areas are ade,q!uatelly shieldedfmmi nearby residences,on IUnda Isle„ 204 3-nirty-3 Operator IL iccense. June, 5, ',2014 Page 4 0. Condition of ,Approval No, 4 requires the c'utdcor dining patio la the sound' attenuate to the same level as the rrnalin restaurant. Quarterly monitoring W0 ensure thnat the operator adheres to the City code noi.ww ulandards and Condition of Approval No. 4a, CONDITIONS OF APPROVAL In no case shalll' the eolnditions be Inconsistent with, or Iess restrictive then, Chase required by any applicable use permit.. The rolllowing operational conditions are re teralod frarni the Conditional Use Permit and 'line applicant shall cormplyr with tha uanditions of approval of Conditional ' Ise Pcnmtt Nib. IUIP2011-007 (IPA2!011-441). 4. "Tune Outdoor Dining lPa,tio° shall be subject to the follovrIng requirements;! a. Require the outdoor d1ning patio to be attenuated to the same' sound level as the rnauin restaurant buildiq when all exterior ope_n.9ngs are closed. 'The plans for rradifyinrg the Ipa0o shall be reviewed and certified by ars acoustical engineer as meeting Ithe €arise sourtrJ attenuation levels as the main restaurant building subject to the reAuve and approvall try the Community Development Oirectar. Subsequent to construction. the inutallaidon shaill be tested by an acousticall engineer and certified as to meeting icity code noi�� standardis. b. Require the applic..antk to fund a, Qutodaiily MuNtanng test and report by an acoustical unginoer selected 'by the Community Development Director as to meeUngI city cotta& The rmtarailaring shall include a: minimum of one Thursday, Friday, or Saturday behNeen the hours of IG:0] p.m. and 1'.00 asm of opera titin until the 'olne-year review by the Planning Co m'rniissinn. Time r onitofing program shalll be subject to Iihe review andapproval of 'Lhe Community Development Director. ,At least one such rmonilciring test shall' take place duria7g the months of Judy pr August. Code-cc mplilance Includes compliance with. Municipal Code Chapter 10,26, Community Noise Colntrol. c, Require that the outdoorpaflbi vvindows and roof cpeniings be cl',osed' at. tihe currently required tim,a of 7:00 p.m. daily. d. Extend the outdoor dinilrrg patio hours of o;pe_rati"n from R:00 a.rr= to 1,00 a„Pmi. e. Require that !the conditional 'use permit be reviewed by the Planning, Commiissiun one year lrc'rn the date of this approval to ensure the increased hours of operation on the culdoor dini'ngi patio have not resulled in detrimental Impacts. 5. Alli doors and wirndmots sof the Interncor of The eating and drinking establishment shall' remain closed at all! tirnC5 ecx;cept for the in,grass and egress of patrons and employees, 205 3-Thirty-3, Operalgr License June 5; M14 Page 5 7, Full weal service shall be provided and available for orderiing at a9i times thus eslablisinrnieent 115,opun for business. $. The outdoor -dIning am-a shall be used in c4rjunctlon with the Wing and drinking wstablishment. No speclah eventsfiprr rnaotIonal activities Miall be allowed within Mt.- area hearea of they €auuldoaor lining patio. 11'. All eravplbyees shall 'partk an do =sits, 14. Prior to Implemneniatllon of the We hours on the outdlaar dining patio, the appli€�nVQ,peualQr shall sunbanit, a valet parking plan for review end approval by the Purtdic Works Department and Commuunity Development DepartmenvPlanning ❑iviisfdn. Thewale, perking plan shall d!ernonsrrale tlhO adegva.t'4 owsite (parking, vehicular osculation and pedestrian cr:rculadokn systems are provlded. Thee valet parking plan shall iincl'ude the locationof valla, parkiing pie'kmup and drop-off area so as to be shiiel'ded from nearby residences: on Linda Isle by the stubie-ct restaurrart brulldimg in corder to miunirmize the trana;rhis.sibn of noise, to Llnd'a Isle to the maximum extent feasible. The parking) (pram shallinclude a vnraffirigdgvueui'ng arae for guests drooping off or picking rip auutornob les from v aret perking and a dusignaded smoking area fcr patrons of the restaurant. 15. The appliearntraperatrar shall consp,IGUtrusliyr post and maletain signs at allr ouuwoor drninsg, waiting, smoking and ,parking areas indlicaUng to patronn,g the, proximity or the restaurant and Ipuubilc dock end bout slip ares to the ro sidenliell areas, requesting ,patrons ba courteous to residential neighbors 'while outside the est,til is h melnt:;. 1'8. The app;liicalnVoparatar s'haill maintain a copy of the, most rent My (permit conditions of approval on the premnises and s!haill ,post a notice thiat! thesai are. ava!ilablle fear rebview on th`ne prenn[&us, The posted notice shall be signed by the perurulttee. 23, The type of alcoholic: (beverage license li u d by the California Board cif Alcoholic Be=verage Untrol shalll be a Type 47 in conjunction with the service of food as ibe principal use of the= facility. Any upgrade in the, alcoholicbeverage license shall be subje cA tr the approval ,oar an amendment to this application, and may require the approval of tine IPIennI nag Com5rm,issinn.. 27. Lighting shall)' be 'in compliance vAth applicable standards of the Zoniing Code.. 'Tine site shetl not be excessWely lituirninatwd based on the Ilwrninance reocrmt>ftendatiens of the Illwrni'.nating Engliheering Society of North Arnefta, lar.. ii' in the opinion or theCornmiunity (Development iDireectgr, the i'lluurminatto n creates an 'u!necceplable inegative Innpact on surrounding land fuses or annulydnrnentat 200 3-Thirty-3 Operator License June 5, 20114 Page d resoeurces. The Corn mi uinily development Director may order th:e,ccf[MmI n;g r f lig;hjt. uourveu or other rurmediation limon findiing that the site is excesseivelly illurminMed. 28.. All noise generated by thea existing) editing and,, drinking esteblis-men't utile hall comply with the provisions of Chapter 110.26 and other applicatu rid-Se Control requirernenuts of the Il+ewpoet Beach Municipal mode. The maArn um nsise shell be IlirnRed to no Mare. Ih2ain depicted below for the specilvedl tune periods unless the ambient iloise,[evell Is Ihigher Set,men the bours of lBetween the f&m sof 7=051 a,na. and 10:40 p.m. itici=dtl,p_m. and 7:00 a:rru_ I M8,2sured at the pro,peuly llr,e of coranmorda:lly wrhed property; 65 dl3A, 60 dBA IMessured ;at the properly line of — ---residentially,ioned pra'party: 55 dMA -0 dB'A.. Measured Ine'lhe iinledor of a &5 mgA 40 MA structure 25„ The applicant she'lll retain: a qualifiedanglineer specializing in noiselacouisrics to, monitor thoi sound generated by the, outdoor dining activity to ftuiri� complialnce +,pith these conditions, if requiliredl by tha'Comm unity Development 1131reetor. 30., Thee applicantfoper for of the facility On be! responsible for and shuell' actively control any noise generated by ,the .s4ubj',ect 'facility Indlnuding, but not limited to, noise generated by pahlmins, food service operaWns, and mechanical ecl ipment_ 32. No lhve entertainment,, shall be: ellawod in th.e interioir of the eating and ,dFf.nkingl tebllishrnent unless the openalor has first obtained a permit from this City, 33. No oulside paging system or loudspeaker dev ce shall be,used in conjunctioni with this establishment. 34. No live entertainment, shall be permitted in the outdoor diniruge alrea. Reror[fecil music or oY'l er types of sound am plification wtiilhiine the outdoor din[ng area shall only Ibe avdible 'to the audieunce withirn this are€r, ar,rf sh eill cess after the hour of 10:0 1p,m� daky.. 35. Ihlo dancing shall be allowed an the premisev of the eating and diriinnkin>g establishment 36. The applicantloperator shall pmviid'e licensed security personnel! while Offering live enter6nment. A oomnprehensive security plan for the- permitted rases shall be subrin;itteo For review and ap,pruval by the Newwtaort Beach Poli Dep aft me-nt 207 3-Thirty-3 t]pere'te}rILIicen e ,J'u'ne 5, 11314 Page 7 (14tU1_p'D), The iprocedures Included in the Maui and any recornrmendla,tEnns, madder try the INI53I0, shall be implernerntedl and adhered t6 for Me 'llfe of the Conditional Use (Perm it.. 45: All exits shall remain free of obstructions and awa'llable for i ngiress and egress at all tilrnes, 46. Strid't adhisirence to rnaxlmum 6couponzy Iiimilu; i& riequirad. 47. The 'tam of privalie ,(e'ndosedi 'Vfl?s rooms or any other temporary or jpz nanent enclosures separate from public areas are prohibited'. 48, All owners. managers and sniiployees selling. serving or giving away alcoholic beverages. shall undergo and successfully complete a eerti led tiraliningl )program in responsibl;e Methods and skills ldr selling alcohoilc Ibeveralges. They Ourtitied prograrm rust rneet the standards of the California: Cmorrdinetingi Council one Respon,Wble l-everage, Service or other nertifying-licensing body, whiuch the State nra':y designate. 7h�e establilsrhment shall comply with the requirements of this section w,ruthlni 180 days of the issuance of the ce3rtiFicate of occupancy_ Reoordla of each owner's, managers and ern-ployee.s successful completion of the required oerlified tralr l'ng program shall' be rnal'n'taiined on the prernises and shall Ibe presented upon request b,y a representative of the City of N'e�gort Beach. 49, Any, event or activity staged by, ars outside pronnoter or entity, where the! re~stau Cant a weer or his arnployee a or representatives shape inany prorits, or pay any percentage or cornmisOiani to a promoter or any olheirperson based u,p.Oni money collected as a door charge, cover chargee or any oliher fbarm of admission chargee. incl'ud'ing rninimuirni drink ordars or sane of,drinks its prohibited. 50. No, alcoholic [beverages shall be consumed on any property ,adjacent to th,e licensed' prernises under the control: of the licensee. 59. No *happy Ih,our' type of reduced pricy alcoholic beverraiga Ipromotion shall be allowed except In Conjunction Wth Good service available frorn the full seervioc . menu. There shall be no rodnrced price,alcoholic beverage prornoffoni after 9=00 Ip'-M,. 52. 'WIPE passes or other fusses to enter the estahl'ish ent, as well as dour charges„ cower' charges, or any Othetr fol mini of admission ehargie, including; miPeirnu n drank-. Drdfer mr sale of dr n'ks ils prohibited. 53. The quarterly gross sales of allcohollic beverages shall) not Gxceed the gross salbs of 'Food and retail sales during the same period. The licensee shall inlaintain records that reffect separately tlhe gross sale of food and the ,gross sales 6f' alloo ollic beverages, .a'l the licensed business. Said records shall': Ibe kept no less 202 3-Thirty,3 Operator'License Juane 5, 2014 Page frequently than on a quarterly basils and shalli be made available 'to the NBIPD or,n dle.rnannd, Sc No on4te radio„ television, video, film, nr othtr rned'ia brixidcasts rrorn 'the establishment! that Includes the servic@ of alooholic beverages shall) be permitted Muulknout first o tal-nin,g an approved Special Event Permit issued by the City, This; prohibition of media broadcasts includes recordings Ito, be broadcasted at a later ilime. 6f, There shall be no exteror :advertlsing or signs of :any bund or type, including adv rduing, directed to the exterior from, within, prornotiing or lindicailing the, availability of afoohbtic beverages, Interior Wiisplays oaf atcohoiiie beverages or signs that are clearly visible to the exterior shall oonstRuite a +goolstioin of this condition. 67, No games or contests requiring or inivolvin,g the, consumption of aboholie beyerages.shall be permitted.. The Chief of Police has attached additional condifions and requirements to the (license es neeessary in order to rna a the 'roregoingi findings In no case.shall than conditions be: inconsistent wrlth„ or,less~ restrickivei then, those required by any applicable use permit_ i. The restaurant shall not M peusmAnd to ola raate beyond the hour of'2,414] a„rn_ daily. Thee outdoor dining paillu shalll not 'be 1permilted to operate beyond the hour of 1-.00 a.m.. d'ail'y„ 3,, The (business shall cornply with:Title 'tit? ,(Zoning Code) and any oth r applloa�le pra+ isions of the Newport Beach Munic-ipall Code, 4. This purator License may he madifea' or revoked by the Chief of Police should they determine that the proposed uses. or conditions under w+hicrh it is belr!g operatedl cr rmainiaine d is detrinnental to the public Ihef!Ith, welfare cr irpateirial8y injurious to ,property or improvements in the vicinity or if the Iprolperly, is operated or mainlakned so as to constitute a ptulbk nuisance. S. Operator License No.. OL2912.403 shall expire uinle.ss exercised VdIhin 24 months, firom the data ofaipprovall cifi approval' as speed "ire Cecil on 20.54.060 of the N,eaw 'rt Beach DAurnlcipal Code (NI3lMC), uniess,an extension is olth nmise granted'... a. Shouldthe property b8i sotdl car cthenviso come under different ovonersh p, ai new Operator (License shall be requited.. 7., To the tuilest extent permitledby law. applicantaoperftor shell irndurnnify, 'defend and 'holdl harmless City, Ills City Council, its (boards and commissions_, officials,. 209 3-Thirty-3 0,p e5rator'Lioense June 5, 201:4 Rage 9 #Fftcers, employee3, and ag;a nits firom and against any andall cl'airns, clemandls, obligations, damages actions, causes of action, suits, If pudgrmeants, fines. penaitnes, I;iabilifle4. QCs and expons€s (Rndlu�dtng without lin>iitation, atlome)(s feria; disbar orients and courl costs) of every kind andi nature whalnoever which may adse from or In any manner relate (direrctty nor indirectly) to City's approval' of the 3-Thirty-3 Waterfront Restaurant including, but not Il rifted to, the Operalor License Na, 2g M,0 (PA-2012-111 11), and use Fermat No, 2011-007 (IPA2012' 041). This indemnification, shall inc'lud'e, but not be Unnoted lo, darnages awarded against', the tdity, iif' any,, casks of sulit, attorneys' fees, and other expenses incurred In connection ith such olaErn, notion. causes: sof action, suit or proceeding whether Incurred Ley applicainttoperatolr, City, arndll6r the 'parties initiating dr bringing such. piraceeding,. The apipldaarrlfe5pef Unr sE a'II iindernn[fy the pity for all ofCity's costs attorneys" 'fees, .and damages wwhicli City Incurs in enfmtlnq tha inderalnificatlon provisions set Forth In this condition. The appOcantloperator shill pay tb Ithe City, upon durnand any amount owed to, 'the City (pursuant to 'tine inda,rnrnification Pequirements prescribed in Nis condition. OPERATORS LICENSE NONTRANSFERABLE No operatur (license issued pursuant to this chapter shall be sold„ transferred, oir assigned by any Ilicense holster, or by operation of law, to any other pe Rn. group, partnership; lrporation or any other entity+, and any sudhi sale, 'transfer or assf�gnunena, or atternpiled Salle. transfer or essigrinient, shalt be deemed' to oonstRute ,ai %cluntary surrander ofi such Ilcen fe„ and such license shall be, thereafler, nutl and vold- A Illlcense (heldby an indlAdual: In a corporation or parrinership is .subject to the soma rales of transferability as contained, above, License shall, be valid ornlyfor the exact cation speec'rf!ed Inthe Iliicen!se, PUBLIC NOTICE Nv lce of this apprication was rmallled to at4 owners of property Witlhin 300 feet of the boundaries of the site (excluding Intervening nights--of- er y and WatgrW, nys) inclucling the applicant and posted on the subject pmoperty at least 21 days (prior la the decIs_ton date. consiistent with the provilsions of the Municipal Code- AFil PERIOD The determinallin of the Chinf of Poli!om todeny oirto place conditions upon the, approval of ann operator license shall be appeallahle by the appficant cranny interested party. Such appeall s'halll be made In writing tothe City (Manager, vdth n fifteen (1,5) days of the. posh-nark date of the ChieF of %lices notice of dtecision. i stir additianat Information on filf_ng an al peal;, contact tttie Planning', b panlu apt ah 9 49 644 3200. REVOCATION, SUSPENSION OR MODIIFI r'T'I0N OF LICENSE isiOlfrt,CAtI SLE 210 3-Thirty-3 Operator License June 5, 2014 Page 10 The Chief of Police may commence a process to revoke, suspend or modify an operator license issued under the provisions of this chapter should there be reasonable suspicion of any of the following: A. The licensee has ceased to meet the requirements for issuance of license; B. The applicant gave materially false, fraudulent or misleading information within the application; C. Impacts emanating from the establishment for which the license was issued has substantially interfered with the peace and quiet of the neighborhood; D:The-licensed-business-oractivity-has-operated-in-violation-of ariy-of'the requirements of this chapter, the license as issued, or any condition thereof. The Chief of Police shall notify the operator of the commencement of such revocation, suspension or modification process and shall conduct an investigation to determine if, and to what degree, one or more of the foregoing has occurred. Upon completion of the investigation, the Chief of Police may add, delete or modify the license conditions. The Chief of Police shall notify the applicant regarding the determination of the operator license, on the outcome of the investigation; and the action taken. The applicant or any interested party may appeal a determination or an added or modified condition of approval to City Manager in the manner set forth in Section 5.25.050(C) and (D). By: R. Jo on CHIEF F POLICE 211 V� QP �P �2� Attachment No. PC 14 Operator's Statement 21S V� QP �P �2� ®'NEIL LLP A'I-roRi\'r-1 S A'I-LAW KA'I'HLP-EN A.DONAIME Join D.HUDSON DEAN DUNK-RANKiN' 19900 MACARTHUR BOULEVARD.SUITE 1050 DENNIs D.OWEIL SANDRA A.GALLE IRVINE.CALIFORNIA 92612 JAN,P.PALCHIKOEr WILLIAM E.HALLE (949)798-0500 • (949)798-0511 (FAX) PAUL A.RowE ANDREW K.HARIZELL WEBSITE: WILLIAM L..Twom E)' LAWRENCE J.I Iii-roNJOHN P.YEAGER 1 WRITER'S DIRECT DIAL:(949)998-0734 EMAIL:doneil noneil-IIp.com I I September 4, 2015 Chair Kory Kramer and Members of the Newport Beach Planning Commission 100 Civic Center Drive i Newport,Beach, CA 92660 Re: 3-'Thirty-3 Bayside Restaurant— CUP No. UP2011-007 (PA2011-041) Dear Chair Kramer and Members of the Planning Commission: It was in early May of 2011 that I was engaged by Jeff Reuter ("Reuter"), the owner and operator of the 3-Thirty-3 Bayside Restaurant ("3-Thirty-3")to represent his interests in the pending appeal before the Newport Beach City Council dealing with Reuters application for Conditional Use Permit No. UP2011-001 ("CUP"). The CUP application was filed to extend the hours of operation for the outdoor dining patio at the ')-Thirty-') from 9:00 a.m--9:30 p.m. to 9:00 a.m.-1 :00 a.m. daily. The CUP application was mainly opposed by two homeowners residing at 105 Linda Isle and 106 Linda Isle located across the bay channel from 3-Thirty-3. The opposing homeowners were represented by legal counsel. Their objection to the extension of the hours of operation for the outdoor patio restaurant was based largely on concerns relating to the potential for increased noise later in the evening. The opposing homeowners, ho,,veve , took the position that they would not object to the extension of the hours if the outdoor dining patio would be sound attenuated to the same level as the 3-Thirty-3 main restaurant building which they indicated did not cause a noise issue. On .lune 28, 2011, the City Council adopted Resolution No. 2011-80 approving the CUP subject to a number of conditions including, most notably, Condition No. 4 and the subsections thereunder. Condition No. 4 relates directly to actions to be taken to ensure that the outdoor dining patio would be attenuated to the same sound level as the main restaurant building thereby addressing the concerns of the opposing homeowners. I @156901 vl 10194.3 225 Chair Kory Kramer and Members of the Newport Beach Planting Commission September 4, 2015 Page 2 Over the nest several years, Reuter had occasion to meet on site with representatives from the Community Development Department, Building Department, Police Department and Code Enforcement to review the operations of the outdoor patio dining restaurant for the purpose of monitoring compliance with the CUP conditions and to receive suggestions on how noise Dont the outdoor patio restaurant might be further reduced. Renter also met with the opposing homeowners and their counsel at a meeting in City Hall organized by the City Manager. The homeowners remained convinced that the increased howl of operation of the outdoor patio were incompatible with their residential use and unfortunately the meeting did not produce any meaningful results. ht mid-2014, Reuter retained a contractor to install special noise attenuation panels in the relocatable roof ceiling of the outdoor dining patio. The installation was approved by issuance of a building permit from the City. Reuter has also instructed, his restaw'ant managers to keep a daily checklist supported by photographs recording compliance with the conditions relating to time limits on closing windows, the roof and interior doors. This information is fled with the City monthly. On June 5, 2014, after extensive review and investigation, the Chief of Police approved an Operator License for 3-Thirty-3. The opposing homeowners appealed the issuance of the Operator License to the City Manager. On July 3, 2014; the City Manager issued his decision upholding the issuance of the Operator License, denying the appeal. The City Manager stated he reached his decision after reviewing the written appeal documents, the applicable Newport Beach Municipal Codes sections, the Planning Commission's action, the sound consultant's reports, the Operator License itself, and after visiting the restaurant site. 3-Thirty-3 continues to be in full compliance with the conditions set forth in tine Operator License. As required by CUP Condition No. 4(b), the City retained RS Acoustics, Inc. to conduct four quarterly noise studies over a period of one year (August 22, 2014, December 19, 2014, April 14, 2015 (revised April 21, 2015) and June 28, 2015 (revised August 22, 2015)). Reuter paid for the cost associated with the work performed by RS Acoustics. The acoustical analysis and measurement test reports are included in tine staff report to the Planning Commission. You will read in the reports that the surrounding ambient conditions (PCH and Bayside Drive vehicle traffic, activity on vessels at nearby boat slips, pleasure boats cruising in the harbor; commercial activities at the Black Starr Frost jewelry building, the Sol Cocina restaurant and aircraft over flights) significantly contributed to the acoustical enviromnent. The ambient noise and not the outdoor dieting patio is the principal source of the noise impacts received by the Linda Isle residents. You will also read that the RS Acoustics noise studies concluded that noise from the 3-Thirty-3 building main restaurant and outdoor dining patio was inaudible and imperceptible as demonstrated by their tests. It is my understanding that Robert Schmidt, a principal with RS Acoustics, will be in attendance at the Planting Commission meeting and can testify on his findings set forth in the RS Acoustics acoustical analysis and measurement test reports. '136901 vl 10194.3 210 Chair Kory Kramer j and Members of the Newport Beach Planning Commission September 4, 2015 Page 3 3-Thirty-3 has implemented significant noise mitigation measures both at the interior and exterior of its restaurant facilities. 3-Thirty-3 continues in good faith to comply with the CUP and Operator License conditions and is mindful of the need to operate its restaurant in a manner respectful of the nearby Linda Isle residents. The evidence clearly shows that the increased hours of operation of the outdoor patio restaurant has not resulted in any detrimental impacts to the surrounding community. Very truly yours, JV� k? o� Dennis D. O'Neil DDO/clt copy: Jeff Reuter Kimberly Brandt Makana Nova I I I 9156401 v1 10194.3 21j Planning Commission - September 17, 2015 Item No. 6a: Additional Materials Received 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041): September 14,2015 Donald and Sandra McCalla 00 BY 105 Linda Isle,Newport Beach �6o 0Q1MU�A Planning Commission City of Newport Beach S`�F ANT u Chairman Kory Kramer O�d04oPM Grp" Ch O' Y QF NV *O' Planning Commission Agenda Item 6. One Year Review of 3 Thirty 3 Restaurant. Dear Chairman: On June 28,2011 the City Council of the City of Newport Beach adopted Resolution 2011-80. Condition 4a. of this resolution sets forth the most important terms of an agreement reached between the City of Newport Beach,the residents of Linda Isle, and Mr. Jeff Reuter, owner of 3 Thirty 3 Restaurant. It is as follows: "Require the outdoor dining natio to be attenuated to the same sound level as the main restaurant building when all exterior openings are closed". This requirement as set forth in Condition 4a.is the only reason Linda Isle residents agreed to support Mr.Rueter's application to extend his hours of operation until 1:00 AM daily. During some strenuous negotiations,Linda Isle homeowners decided that finding common ground with Mr. Reuter could help avoid continual conflicts on this issue into the future. Our concern today with the annual sound study review mentioned above is that the testing protocol selected by the city staff is flawed. It is flawed in a way that precludes measuring the sound characteristics of the outdoor dining patio as required in Resolution 2011-80 Condition 4a. The protocol in question was adopted unilaterally by Ms.Kimberly Brandt, Community Development Director for the City of Newport Beach. It virtually assures that 3 Thirty 3 Restaurant can pass the sound test at any time without making the kind of sound attenuation improvements that would have been required had an appropriate testing protocol been adopted. Missing from the testing protocol being used is a provision for testing the sound transmission characteristics of the main restaurant building . Testing the main restaurant building is absolutely essential. This is the only way to obtain the data that would then be applied to measure the sound attenuation of the outdoor dining patio.Without this knowledge there is no way to know if the outdoor dining patio has been attenuated as required by Resolution 2011-80 Condition 4a.In other words,the testing being done by the City of Newport Beach does not measure the sound transmission of the outdoor dining patio as compared to the sound transmission of the main restaurant building as required in Resolution 2011-80 Condition 4a. Makana Nova,Associate Planner for the City of Newport Beach requested quotations from RS Acoustics,sound consultants for the City of Newport Beach, to accomplish the testing required to meet the requirements set forth in Condition 4a. She received a proposal for services, Proposal 112011-2 dated December 16,2013. Our sound consultants, ACS Consulting Services, analyzed this proposal and said it would do a good job of assuring that the intent of Condition 4a. would be met.At the time Ms.Nova shared the content of Proposal 112011-2 with us, she did advise us that Ms. Brandt intended to ask for some minor changes to the proposal. What we ended up with is set forth in Proposal 120113R-5 dated January 16,2014. This proposal was also reviewed by our sound consultants who said that it would not provide assurance that the objectives of Condition 4a.would be met. Planning Commission - September 17, 2015 ' Item No. 6a: Additional Materials Received 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041) ; We are asking that the Planning Commission support Linda Isle homeowners by requiring that the Planning Department adopt the Testing Protocol set forth in RFP Proposal 120113R-2 dated December 16,2013 by RS Acoustics.Without help from the Planning Commission or City Council the only options available to us are either to accept the edict of an unelected city staff person,or to entertain an expensive law suite. This would be unreasonable and unfair to Linda Isle homeowners. Ms.Brandt's rationale for not changing the testing protocol is her concern that further sound attenuation improvements would make the building appear more permanent, and therefore might affect the parking requirement for the restaurant. This is simply not true. With appropriate sound attenuation improvements the structure would appear exactly the same the day after it was attenuated as it appeared the day before. Instead, the residents of Linda Isle are left with an outdoor dining patio design that perhaps shouldn't have been granted a permit in the first place.Linda Isle residents have been consistent,saying that our only concern with the outdoor patio would be noise.Our position has not changed. We negotiated Condition 4a.in good faith. It was agreed to by the Linda Isle homeowners,the City Council of the City of Newport Beach, and Mr. Reuter, owner of 3 Thirty 3 Restaurant. Unfortunately,Ms. Brandt has inserted her personal opinion as to how the testing of Condition 4a should be accomplished. Ms. Brandt's duty under the terms of Resolution 2011-80 is to assure that the essence of the resolution is administered such that the intent of Condition 4a is accomplished.It should not be to materially change the terms of the agreement because of some theoretical problem of perception feared by Ms. Brandt. This should have been an easy WIN, WIN,WIN,experience for all concerned. The homeowners of Linda Isle still believe Resolution 2011-80 is a good deal for all the parties, provided an appropriate testing protocol is adopted. We are asking the Planning Commission to require adoption of the testing protocol prescribed in RS Acoustics Proposal 112011-2 dated December 16,2013. See attached. If you have any questions please feel to call Donald McCalla at 714-305-9120. Thanks for your time. Sincere Donald and Sandra McCalla Planning Commission - September 17, 2015 Item No. 6a: Additional Materials Received 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041) 16 December 2013 Makana Nova,Assistant Planner,AICP Planning Division/Community Development Department City of Newport Beach 100 Civic Center Drive Newport Beach,CA 92660 SUBJECT: 3-Thirty-3 Waterfront Restaurant Proposal for Acoustical Consulting Services RSA Proposal No.12011311-2 Dear Makana: Pursuant to your request, we are pleased to provide this proposal for acoustical consulting services in connection with the 3-Thirty-3 restaurant located at 333 Bayside Drive, Newport Beach California. This proposal is based on your directives given in our telephone conversations, review of the RFP, drawings, and documents forwarded to us, and our experience with many similar projects. The main restaurant building is located immediately adjacent and parallel to the coast with a nominal 28' x 25' exterior dining patio attached to the south face of the main building. It is our understanding that the patio is used for typical dining activities and that the owner desires to extend the hours of the operational use of the patio. As noted below, the City of Newport Beach requires that the construction of the patio -envelope" provide the same level of sound attenuation as is provided by the main buildvnp„ marizing Rem 4.a. of the project Conditions of Approval: Require the outdoor dining natio to be attenuated to the some sound level as the main restaurant building when ail exterior openings are closed We understand that work has been completed on the patio enclosure to help reduce noise levels experienced in the surrounding community. Our work will be to determine and document the level of attenuation provided by the exterior envelope of the main restaurant building as well as the attenuation provided by the separate patio exterior wall assemblies. Additionally, the quarterly monitoring within the community of noise associated with restaurant/patio activity is included in our scope of work. Planning Commission - September 17, 2015 Item No. 6a: Additional Materials Received MakanaNova,Assistant Planner,A&Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041 ) Planning Division/coimrunity Development Department Page 2 We understand that the project o of the patio as the holidays are Jn k quickly rito expedite the use receipt of your written authorizai in tlette immediately following anticipated scope of Work and Cos 'ng letter sections describe the opose 'to provide. SCOPE OF WORK To determine the attenuation provided by the exterior wall assemblies, we propose to provide the following services: I. AcotisTICAL TESTS We will visit the site to conduct acoustical tests of the exterior walls at both the main restaurant building and the existing patio. In general, this process includes locating our portable sound reinforcement system (producing high levels of pink noise) within an interior space of the restaurant, and the patio. During playback, we will measure the levels within the interiors, and subsequently measure the noise levels immediately outside the exterior wall assembly. Measurements should be conducted during the late nighttime/early morning hours when the restaurant is closed and the general e,,terier ambient environment is the lowest which typically occur between Sunday and Wednesday. As very high noise levels within the interior spaces are generated during the test, they must be conducted with a minimal amount of people in the immediate areas. Ill. GENERAL To verify the data gathered in the acoustical tests, we will calculate the noise reduction provided by the exterior wall assemblies in our office based on the sound transmission loss and areas of each of the building elements used in comprising the composite wall assembly. This requires gathering the following information while on site: Marro BUILDING • Determine construction materials including interior and exterior finishes, stud size and type, and insulation and total area of the exterior wall. • Determine the glazing type, thickness, and total area of windows and doors. • Take note of and document and any other currently unforeseen elements of the wall assembly. • Determine construction of the ceiling/roof assembly at the main building. This would require fairly close access to the roof above any suspended ceiling (if any). • Review any architectural plans of this building if available. Planning Commission - September 17, 2015 Item No. 6a: Additional Materials Received MakanaNova,Assistant Planner,r;.3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041) Planning Division/Community Development Department Page 3 PATIO • Closely inspect the roof system of the patio, the materials, and methods of attachment and "airtightness" or acoustical sealing of the panels • Determine the construction of the solid and glazed areas of the patio walls having an exterior exposure. This includes the glass type, the glass frame and Basketing utilized in the frames. • Inspect the "sound barrier" wall panel materials and integrity or quality of the acoustical sealing of their installation. If our analysis using data from the calculations and acoustical tests show that the patio structure provides noise reduction equal to or greater than that of the main building, we will prepare a report of our findings for submittal to the City. The report will include the octave band noise reduction provided by both assemblies, materials and areas utilized in our calculations, photos and sketch drawings as required, and the resultant noise reduction provided by the assemblies. Ill. QUARTERLYSITE MEASUREMENTS To satisfy paragraph 4.b. of the project Conditions of Approval, we will provide the following environmental monitoring services: • Conduct quarterly site measurements to verify that the noise levels generated by the restaurant and patio satisfy the city codes. Measurements will occur between the nighttime hours of 10:00 p.m. and 1:00 a.m. on a Thursday, Friday, or Saturday night as stipulated in item 4.b. of the Conditions of Approval. Measurements would be completed over the next calendar year with one occurring in the month of August. • Following each measurement program, we will prepare and submit a written report presenting the acoustical measurement locations, measurement results, and the actual conditions occurring during the tests. All measurements will be conducted with a precision Type 1 sound level meter which meets the requirements for noise measurements set forth by the City of Newport Beach noise ordinance. • we are budgeting to attend one City of Newport Reach Planning Commission Review meeting to discuss measurement results. IV. ADDITIONAL SERVICES IF DESIRED If calculations show that the attenuation provided by the existing patio construction will be less than that of the main building, we would be happy to provide recommendations for modifications of the patio exterior envelope designed to sufficiently increase the attenuation to meet or exceed that of the main building. This work could be provided under a separate proposal or billed as Time and Materials at the rates shown in the attached Terms and Conditions. Planning Commission - September 17, 2015 Item No. 6a: Additional Materials Received 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041) Makana Nova,Assistant Planner,Aft Planning Divislon/Gammuntiy Development Department Page 4 V. OUT-OF-OFFICE WORK We are budgeting for the following out-of-office work • one (1)site visit to inspect and measure the existing restaurant conditions A Four (4)site visits quarterly to measure the noise levels in'the community e Attendance atone (1.) meeting with the City of Newport Beach Planning Commission. Out of office or site visits work beyond these must be considered additional services billed hourly at the rates shown in the attached Terms and Conditions, V9. EXCtusms These items are currently excluded from this agreement however we would be pleased to provide these services if requested, billed hourly at the rates shown in the attached 'Terms and Conditions,or under a separate proposal„ o As existing noise levels in the community have been documented by others and are on file,we are not budgeting to measure noise levels of activity within the restaurant or throughout the community during our initial site inspection and measurement visit. ® We are not budgeting in this agreement to provide noise control recommendations to increase the attenuation provided by the existing assemblies. COST OF CONSULTING SERVICES RS Acoustics Inc. professional fees are based on the number of hours worked on a project and our services and payment schedule are subject to the enclosed Terms and Conditions which are considered an integral part of this agreement. We have carefully considered the extent of services that this project requires, balanced that with our experience with similar projects, and anticipate the fees for professional services as follows: A. Initial site visit, in-office work and submittal of acoustical report annotated in items 1 through 3 in the scope of work section above: $3,800 B. Quarterly acoustical measurements conducted near the restaurant per item 4.b. of the Conditions of Approval: $6,200 C. Attendance of one (1) Planning Commission Review meeting (Includes in-office preparation time & materials): $1,600 We would not exceed the fees noted above (which includes all anticipated reimbursable expenses) without your prior authorization and we would be working toward these fees at the Planning Commission - September 17, 2015 Item No. 6a: Additional Materials Received MakanaNova,Assistant Planner,AJ-Th rity-3 Waterfront Restaurant One-Year Review (PA2011-041) Planning Division/Community Development Department Page 5 hourly rates indicated on the Terms and Conditions. If we meet the proposed criteria in less time than anticipated now,the savings of course are yours. If this proposal is acceptable as written, please sign and return one copy to serve as authorization or we will be pleased to sign a contract in another form but with similar provisions. If you have any questions or if you feel we have missed the mark on some issue within the scope or fee, please feel free to call our office. Sincerely yours, FCS Acoustics Inc. Rohe rtSichmidtrP-rincipal-Consuitartt Enclosures: RSA Terms and Conditions RSA Proposal No.021013R-2 APPROVED for CITY OF NEWPORT BEACH Signature: Title: Crate: C:�Iherx�Rabept�Deshtop`pvnposals\EnvRcrnattental\333 Bayside Drive.Nemwrt Beach R1 I37.711.doc Planning Commission - September 17, 2015 Item No. 6a: Additional Materials Received MakanaNOW,Assistant Planner,a;.3zThrity-3 Waterfront Restaurant One-Year Review (PA2011-041) Planning Division/Community Development Department Page b TERMS&CONDITIONS GOVERNING RS ACOUSTICS INC PROFESSIONAL SERVICES A, General Thls agreement constitutes the entire agreement between parties with respect to the subject matter hereof and supersedes all prior agreements, whether oral or written, between the parties with respect to such matters. a. Payrnents Invoices will be submitted monthly and be payable upon receipt. Invoiced amounts unpaid after ninety (90) calendar days beyond invoice date shall be grounds for RSA to stop project work. C. Work-Cost Agreements RS Acoustics(RSA)will utilize its best commercial efforts to minimize hourly costs on the project without unduly compromising service, while working at the hourly rates indicated below. M Charges RSA will charge hourly fees according to this schedule: Principals: $110-$160 Senior Consultants: $80 - $100 Staff Assistants: $50 - $75 Time spent in travel during normal business hours will be charged as time worked, E. RelmWrsable Expenses RSA will charge for reimbursable expenses at cost plus 10%. Reimbursable expenses include travel, subsistence, overnight mail, oversize plotting, special supplies or materials, and instrumentation-use charges. F, Termination Either party may terminate this agreement at any time by written notice of the other. Such notice is effective upon receipt. In the event of such germination, RSA will be paid in accordance with this agreement forthe services rendered and expenses incurred or committed to prior to the effective date of notice of termination. Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041 ) LAW OFFICE OF FRANK W. BATTAILE 2301 Dupont Dr., Ste. 530 (949)427-8546 Irvine,CA 92612 F.Battaile@BattaileLaw.com September 16, 2015 Member of the Planning Commission City of Newport Beach 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92659-1768 Re.: 3-Thirty-3 Waterfront; Use Permit No. 2011-007 Your Project File No.: PA2012-111 Dear Members of the Planning Commission: I am writing on behalf of my clients Don and Sandy McCalla, who reside at 105 Linda Isle, and also on behalf of Dr. David and Leann Benvenuti, who reside at 106 Linda Isle. I am writing with regard to the referenced Operator's Permit and the underlying Use Permit No. 2011-007 ("Use Permit") to 3-Thirty-3 Waterfront. The referenced Use Permit is up for review by the Planning Commission on September 17, 2015. My clients vigorously oppose the approval of UP 2011-007. In particular, the applicant has failed to demonstrate compliance with Condition No. 4.a regarding noise attenuation. Instead, according to statements staff members made to Mr. and Mrs. McCalla, City staff determined unilaterally that compliance with Condition No. 4.a was not possible because it would require a fully enclosed structure. Instead, City staff withdrew a verbal RFP for acoustical testing issued by Ms. Makana Nova that would have assured compliance with Condition No. 4.a, and substituted in its place an RFP for acoustical testing that not only failed to assure compliance with Condition No. 4.a, but in fact was impossible to fail. It is my understanding that the applicant, Jeff Reuter, was and remains prepared to build a structure that complies with Condition 4.a. He negotiated the deal in apparent good faith and is ready, willing, and able to abide by his agreement. Attached is a Proposal from RS Acoustics dated December 16, 2013. That proposal would have assured compliance with Condition 4.a. It was provided in response to Ms. Nova's initial RFP. City staff rejected it and issued a new RFP that does not comply with Condition 4.a. The Planning Commission should require that staff approve the language in the original proposal and reject the acoustical testing that was done pursuant to the subsequent non-compliant RFP. Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received Paget of 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041 ) My clients'acoustical expert, Mr. Tony Sola, reviewed the initial proposal and compared it to the subsequent proposal. Mr. Sola states that the initial proposal met accepted industry standards and would have assured compliance with Condition 4.a. He opined that the subsequent modified RFP and the resulting proposal do not comply with industry standards and will not assure compliance with Condition 4.a. Mr. Sola's conclusion is that: "Acoustic experts (RA Acoustics) recommended industry standard testing methodology for this project. It appears that they were asked to modify their recommended scope. The new methodology did not allow them to verify that the `construction of the patio "envelope"provide the same level of sound attenuation as is provided by the main building.'Therefore, there cannot be a determination of compliance with the Conditions of Approval." A copy of Mr. Sola's opinion letter is attached. My clients protested staff's improper modification of the City Council approved conditions of approval and provided staff with Mr. Sola's letter. Staff simply stated their determination to disregard City Council approved Condition 4.a. If staff believes that Condition 4.a is somehow improper, then the remedy required by the Municipal Code is to go back to the City Council. However, staff's concerns were already considered by the City Council and the Council adopted Condition 4.a despite those concerns. If the Council considers eliminating or modifying Condition 4.a, then my clients'previously stated non-opposition to the project will be withdrawn and they will oppose it vigorously. The City Council approved the Use Permit after a protracted series of negotiations between the applicant and my clients. That effort followed a unanimous rejection of the proposed Use Permit by the Planning Commission. The central issue was and remains the noise generated by 3-Thirty-3 Waterfront. As was known to the applicant, City staff, and the City Council, Condition No. 4.a was the key factor that caused my clients to withdraw their opposition to the Use Permit. Now, City staff has unilaterally deleted that condition and has thereby far exceeded their authority under the Municipal Code, state law, and CEQA. At the hearing on the Use Permit, the City Council openly discussed the need for a substantial structure that would adequately attenuate the noise produced on the patio. That issue was resolved by the City Council by requiring that the noise level on the patio be attenuated to the same level as the the attenuation provided by the main structure.After discussion of that very issue at the Council hearing the applicant accepted Condition No. 4.a. My clients accepted it. City staff has no authority to eliminate that condition. (See attached Council Minutes.) The Municipal Code provides that any change to a proposed project must be approved by the "Original Review Authority." In this case, the Original Review Authority is the City Council. There Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received Page of 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041) is an exception for"minor changes" that the Director of Planning can approve without further hearing. However, this change goes to the central issue of concern that my clients voiced repeatedly and strenuously and that the City Council addressed at length. Therefore,pursuant to MC §§20.54.070(1)(b) and(c), this is not a "minor change" and it must be taken up with the City Council. In addition, this change in the project negates any claimed CEQA compliance, My clients were satisfied with the noise impacts to be caused by 3-Thirty-3 Waterfront, but only because of Condition No. 4.a.Now, the City has changed the project in a way that eliminates that mitigation and profoundly affects the noise impacting the community. Therefore, if the project is to proceed in the absence of Condition No. 4.a, the City and the applicant must comply with CEQA. (See, Concerned Citizens of Costa Mesa v. 32nd District Agricultural Association (1986) 42 Cal.3d 929.) My clients are not bound by their agreement to one project, only to have that project radically changed into another project. My clients prefer to resolve this without litigation. They demonstrated their willingness to compromise and bargain in good faith when they reached the negotiated agreement with Mr. Reuter. However, they are unfairly being backed into a corner in which they have no choice but to litigate in order to preserve the peace and comfort of their own homes and to defend their property values. V tru yo s, nk tt le Attachments: 1. City Council Minutes, June 18, 2011 2. Proposal dated December 16, 2013 3. Letter dated June 4, 2016, to Don McCalla from Tony Sola cc: Mr. and Mrs. Don McCalla Dr. and Mrs. David Benvenuti Aaron Harp, City Attorney Ms. Kim Brandt, Director of Community Development Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received City of Newport Beach 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041) City Council Minutes June 28, 2011 Henn, Council Member Selich, Council Member Curry, Council Member Daigle 20. 3-THIRTY-3 WATERFRONT RESTAURANT APPEAL (PA2011-011) - 333 BAYSIDE DRIVE - CONDITIONAL USE PERMIT NO. UP2011-007 - AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN APPLICATION FOR A NEW CONDITIONAL USE PERMIT REQUESTING TO INCREASE THE HOURS OF OPERATION FOR AN EXISTING OUTDOOR DINING PATIO FROM 9:00 A.M. TO 9:30 P.M.DAILY TO 9:00 A.M.TO 1:00 A.M. DAILY. The staff report was presented by Associate Planner Brown, who utilized a PowerPoint presentation and gave a brief overview of the project. Mayor Pro Tem Gardner inquired as to how sound can be attenuated from an outdoor dining establishment without enclosing it completely. Associate Planner Brown stated that the new conditions include additional sound attenuations with the intent of providing different materials such as a retractable roof that can be closed. Council Member Selich stated that he appealed this item because he felt there was additional room for discussion and mentioned issues of concern from both the residents on Linda Isle and the ownerloperator of the restaurant. He reported that there have been a series of meetings between the applicant and the homeowners where they both agreed to some conditions, they desire to have the outdoor dining patio attenuated to the same level of sound as the indoor portion of the restaurant after 7:00 p.m., stated that most outdoor dining patios in Newport Beach have become closed structures in many ways, stated that he felt a reasonable interpretation would be that after 7:00 p.m., it would be beneficial to attenuate the noise even if it meant closing the windows and roof to keep the noise inside the building, mentioned noise and disturbances from the guest docks, and stated that he is in support of the agreement worked out between the applicant and the homeowners across the waterfront. He encouraged Council to move ahead with the item. Mayor Pro Tem Gardner stated that by approving this and requiring the patio to be enclosed, a precedent would be set with regard to the amount of parking required for enclosed spaces as opposed to unenclosed patios of restaurants. In response to questions from Council, Community Development Director Brandt clarified that the supplemental memorandum contains a series of conditions that would replace the previous conditions that were considered by the Planning Commission but not adopted because they did not approve this application, there are distinct performance standards that are required for the attenuation of the outdoor patio as part of the Conditions of Approval, the plexiglass windows will be replaced with sound-rated windows which will be reviewed and tested by an acoustical engineer with quarterly reports being made to the Community Development Director, a one-year report will be submitted to the Planning Commission for consideration, and stated that the goal of the proposed revised conditions is to ensure that the sound associated with the extended hours of operation are no different from the building if the patio were not in operation. Discussion ensued between Council and staff regarding the Balboa Marina temporary guest slip use program. Mayor Henn opened the public hearing. Dennis O'Neil, representing Jeff Ruder, the owner of 3-Thirty-3 Waterfront Restaurant, respectfully requested that Council adopt the resolution reversing the decision of the Planning Commission, thereby approving the extension of hours of operation for the outdoor dining Volume 60 - Page 185 Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received City of Newport Beach 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041 ) City Council Minutes June 28, 2011 patio, thanked Council Member Selich for working with the applicant, and stated that the applicant agrees with the changes, findings and conditions associated with the resolution, including the substitutign of the new Condition ND. 4. Frank Battaile, representing residents opposed to this project at the Planning Commission level, thanked Council Member Selich for working out the current agreement and thanked Mayor Pro Tem Gardner for understanding the residents' issues and concerns, stated that his clients appreciate that the revised conditions require attenuation of the outside dining area to the same level of noise as the inside dining area, and requested that materials be used that can abate the noise subject to the new Condition No. 4. Al DeGrove stated that he is mostly in agreement with what has been negotiated, expressed his concerns regarding the extended hours of operation to 1:00 a.m., stated that there are no immediate consequences for violations to the Condition of Approval, and requested that repercussions be added to the revised conditions in the event that a sound engineer determines that the outdoor dining patio exceeds the noise levels. Community Development Director Brandt explained the process for addressing violations to the Condition of Approval. In response to questions from Council, City Attorney Hunt clarified that if the applicant violates the terms of the Conditional Use Permit or gets engaged in activities that trigger the operation under the Operator's License, the Chief of Police can identify it and cut back their actual operations. i Bill Klein stated that approval of this project will set a precedent, expressed concerns regarding property values, the cost of enforcement and eventual legal actions, stated that this project has not been approved by the Linda Isle Community Association, mentioned noise disturbances, and recommended that Council give this project greater consideration than what has been given by Planning staff.. Donna Viana, Vice-President of the Linda Isle Homeowners Association, stated that her main issue relates to noise and that if noise cannot be attenuated, then the application needs to be denied. Don McKella stated that noise from the parking lot is still a problem and hoped that the attenuation issue can be resolved. Carolyn Klein believed that the restaurant is an attractive nuisance that attracts a loud drinking crowd, quarterly monitoring of the restaurant is not sufficient, suggested monitoring the restaurant on a weekly basis and the need for additional parking, Dr. David Benvenuti stated that the restaurant is a disservice to Newport Beach and if it cannot be noise proofed, then it needs to be shut down. Max Liskin spoke regarding noise concerns, homeowners verses businesses, and how these types of businesses impact residents. In response to public hearing comments and concerns, Dennis O'Neil stated that the applicant proposes to ensure that sound associated with the extended hours of operation are no different from the building if the patio were not in operation, spoke regarding noise and noise attenuation, resident concerns, the Operator License, and requested that Council reverse the decision of the Planning Commission and adopt the resolution with all the new conditions and findings. Volume 60-Page 186 Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received City of Newport Beach 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041 ) City Council Minutes June 28, 2011 In response to cost-monitoring concerns from City Manager Kiff, Community Development Director Brandt recommended that the first sentence of Condition No. 4b be expanded to say that the applicant will be required to fund a quarterly monitoring test and report by an acoustical engineer, incorporate at a minimum one series of Thursday, Friday or Saturday within the quarter which gives the Community Development Director discretion to increase the number of monitoring tests performed within the quarter if need be, and clarified that the applicant will pay the total cost for the testing company which will be hired by the City. Dermis O'Neil agreed to grant the Community Development Director discretion to increase the frequency of noise testing to a minimum of one per quarter. Hearing no further testimony, Mayor Henn closed the public bearing. Motion by Council Member Selich, seconded by Council Member Daigle to reverse the decision of the Planning Commission and adopt amended Resolution No. 2011-80 for Conditional Use Permit No. UP 2011-007. Discussion ensued between Council regarding sound attenuation, the necessity of extended hours of operation, compliance with the Conditional Use Permit, and the Operator License. The motion carried by the following roll call vote: Ayes: Council Member Hill, Council Member Rosansky, Mayor Henn, Council Member Selich, Council Member Daigle Noes: Mayor Pro Tem Gardner, Council Member Curry Mayor Henn noted that Item 22 (Special Event Support Recommendations) need to be discussed prior to discussing the budget (Item 21). Without objection, it was the consensus of Council to discuss Item 22 before Item 21. XVII. CURRENT BUSINESS 22. FY 12 SPECIAL EVENT SUPPORT RECOMMENDATIONS (C-4869). 1381100-2011] Public Information Manager Finnigan presented the staff report and utilized a PowerPoint presentation to discuss FY 12 recommendations, the new review process, reduced rates, fee reduction examples, 2011 applications, Special Events Advisory Committee (SEAL) review, the staff committee and recommendations, and next steps. Richard Luehrs, President of the Newport Beach Chamber of Commerce, spoke regarding the Chambers Political Action Committee (PAC), the policy that separates money donated for PAC purposes from their general fund, membership investments to the Chamber, voluntary contributions to the PAC, and action by the Board of Trustees. He thanked Council, staff and SEAC for all of their hard work and spoke regarding the core competencies of the Chamber of Commerce and the need for funding for the Christmas Boat Parade. Bob Rush stated that he has a problem with the City funding organizations that are associated with a PAC, spoke regarding fee waivers, auditing provisions, FPPC reports. mixing of funds between a political organization and a non-profit organization, submitted documents to Council, and suggested that the Chamber of Commerce create a system that will require them to file FPPC reports in the same manner as the Firefighter Association PAC. Gregg Shwenk, Executive Director of the Newport Beach Film Festival, thanked the City for their continued support and spoke regarding attendance records, films and partnerships, Film Volume 60 - Page 187 Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041 ) MSI = M��M mll��M RS ACOUSTICS INC 15751 Beaver Run Road Canyon Country, CA 91387 P: (661)251-3965 F: (661)310-3783 16 December 2013 Makana Nova,Assistant Planner,AICP Planning Division/Community Development Department City of Newport Beach 100 Civic Center Drive Newport Beach,CA 92660 SUBJECT: 3-Thirty-3 Waterfront Restaurant Proposal for Acoustical Consulting Services RSA Proposal No. 12011311-2 Dear Makana: Pursuant to your request, we are pleased to provide this proposal for acoustical consulting services in connection with the 3-Thirty-3 restaurant located at 333 Bayside Drive, Newport Beach California. This proposal is based on your directives given in our telephone conversations, review of the RFP, drawings, and documents forwarded to us, and our experience with many similar projects. The main restaurant building is located immediately adjacent and parallel to the coast with a nominal 28' x 25' exterior dining patio attached to the south face of the main building. It is our understanding that the patio is used for typical dining activities and that the owner desires to extend the hours of the operational use of the patio. As noted below, the City of Newport Beach requires that the construction of the patio "envelope" provide the same level of sound attenuation as is provided by the main building. Summarizing item 4.a. of the project Conditions of Approval: Require the outdoor dining patio to be attenuated to the some sound level as the main restaurant building when all exterior openings are closed. We understand that work has been completed on the patio enclosure to help reduce noise levels experienced in the surrounding community. Our work will be to determine and document the level of attenuation provided by the exterior envelope of the main restaurant building as well as the attenuation provided by the separate patio exterior wall assemblies. Additionally, the quarterly monitoring within the community of noise associated with restaurant/patio activity is included in our scope of work. Consultants in Architectural Acoustics & Noise Control Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received Makana Nova,Assistant Planr&Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041) Planning Division/Community Development Department Page 2 We understand that the project owner desires work to be finished quickly to expedite the use of the patio as the holidays are here. RSA is staffed to begin work immediately following receipt of your written authorization to proceed. The following letter sections describe the anticipated Scope of Work and Cost of Consulting Services we propose to provide. SCOPE OF WORK To determine the attenuation provided by the exterior wall assemblies, we propose to provide the following services: I. ACOUSTICAL TESTS We will visit the site to conduct acoustical tests of the exterior walls at both the main restaurant building and the existing patio. In general, this process includes locating our portable sound reinforcement system (producing high levels of pink noise) within an interior space of the restaurant, and the patio. During playback, we will measure the levels within the interiors, and subsequently measure the noise levels immediately outside the exterior wall assembly. Measurements should be conducted during the late nighttime/early morning hours when the restaurant is closed and the general exterior ambient environment is the lowest which typically occur between Sunday and Wednesday. As very high noise levels within the interior spaces are generated during the test, they must be conducted with a minimal amount of people in the immediate areas. II. GENERAL To verify the data gathered in the acoustical tests, we will calculate the noise reduction provided by the exterior wall assemblies in our office based on the sound transmission loss and areas of each of the building elements used in comprising the composite wall assembly. This requires gathering the following information while on site: MAIN BUILDING • Determine construction materials including interior and exterior finishes, stud size and type, and insulation and total area of the exterior wall. • Determine the glazing type, thickness, and total area of windows and doors. • Take note of and document and any other currently unforeseen elements of the wall assembly. • Determine construction of the ceiling/roof assembly at the main building. This would require fairly close access to the roof above any suspended ceiling (if any). • Review any architectural plans of this building if available. �� IIIIIIIn Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received Makana Nova,Assistant Planr&Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041) Planning Division/Community Development Department Page 3 PATIO • Closely inspect the roof system of the patio, the materials, and methods of attachment and "airtightness" or acoustical sealing of the panels • Determine the construction of the solid and glazed areas of the patio walls having an exterior exposure. This includes the glass type, the glass frame and gasketing utilized in the frames. • Inspect the "sound barrier" wall panel materials and integrity or quality of the acoustical sealing of their installation. If our analysis using data from the calculations and acoustical tests show that the patio structure provides noise reduction equal to or greater than that of the main building, we will prepare a report of our findings for submittal to the City. The report will include the octave band noise reduction provided by both assemblies, materials and areas utilized in our calculations, photos and sketch drawings as required, and the resultant noise reduction provided by the assemblies. III. QUARTERLY SITE MEASUREMENTS To satisfy paragraph 4.b. of the project Conditions of Approval, we will provide the following environmental monitoring services: • Conduct quarterly site measurements to verify that the noise levels generated by the restaurant and patio satisfy the city codes. Measurements will occur between the nighttime hours of 10:00 p.m. and 1:00 a.m. on a Thursday, Friday, or Saturday night as stipulated in item 4.b. of the Conditions of Approval. Measurements would be completed over the next calendar year with one occurring in the month of August. • Following each measurement program, we will prepare and submit a written report presenting the acoustical measurement locations, measurement results, and the actual conditions occurring during the tests. All measurements will be conducted with a precision Type 1 sound level meter which meets the requirements for noise measurements set forth by the City of Newport Beach noise ordinance. • We are budgeting to attend one City of Newport Beach Planning Commission Review meeting to discuss measurement results. IV. ADDITIONAL SERVICES IF DESIRED If calculations show that the attenuation provided by the existing patio construction will be less than that of the main building, we would be happy to provide recommendations for modifications of the patio exterior envelope designed to sufficiently increase the attenuation to meet or exceed that of the main building. This work could be provided under a separate proposal or billed as Time and Materials at the rates shown in the attached Terms and Conditions. M MM m� m m�wm Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received Makana Nova,Assistant Planr&Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041) Planning Division/Community Development Department Page 4 V. OUT-OF-OFFICE WORK We are budgeting for the following out-of-office work • One (1) site visit to inspect and measure the existing restaurant conditions • Four (4) site visits quarterly to measure the noise levels in the community • Attendance at one (1) meeting with the City of Newport Beach Planning Commission. Out of office or site visits work beyond these must be considered additional services billed hourly at the rates shown in the attached Terms and Conditions. VI. EXCLUSIONS These items are currently excluded from this agreement however we would be pleased to provide these services if requested, billed hourly at the rates shown in the attached Terms and Conditions, or under a separate proposal. • As existing noise levels in the community have been documented by others and are on file, we are not budgeting to measure noise levels of activity within the restaurant or throughout the community during our initial site inspection and measurement visit. • We are not budgeting in this agreement to provide noise control recommendations to increase the attenuation provided by the existing assemblies. COST OF CONSULTING SERVICES RS Acoustics Inc. professional fees are based on the number of hours worked on a project and our services and payment schedule are subject to the enclosed Terms and Conditions which are considered an integral part of this agreement. We have carefully considered the extent of services that this project requires, balanced that with our experience with similar projects, and anticipate the fees for professional services as follows: A. Initial site visit, in-office work and submittal of acoustical report annotated in items 1 through 3 in the scope of work section above: $3,800 B. Quarterly acoustical measurements conducted near the restaurant per item 4.b. of the Conditions of Approval: $6,200 C. Attendance of one (1) Planning Commission Review meeting (Includes in-office preparation time & materials): $1,600 We would not exceed the fees noted above (which includes all anticipated reimbursable expenses) without your prior authorization and we would be working toward these fees at the m�Mm m� m m�wm Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received MakanaNova,Assistant Planrtajhpity-3 Waterfront Restaurant One-Year Review (PA2011-041) Planning Division/Community Development Department Page 5 hourly rates indicated on the Terms and Conditions. If we meet the proposed criteria in less time than anticipated now, the savings of course are yours. If this proposal is acceptable as written, please sign and return one copy to serve as authorization or we will be pleased to sign a contract in another form but with similar provisions. If you have any questions or if you feel we have missed the mark on some issue within the scope or fee, please feel free to call our office. Sincerely yours, RS Acoustics Inc. Robert Schmidt, Principal Consultant Enclosures: RSA Terms and Conditions RSA Proposal No. 021013R-2 APPROVED for CITY OF NEWPORT BEACH Signature: Title: Date: C:\Users\Robert\Desktop\Proposals\Environmental\333 Bayside Drive Newport Beach R1 131211.doc m� m m��m m��m Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received Makana Nova,Assistant Planr&Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041) Planning Division/Community Development Department Page 6 TERMS & CONDITIONS GOVERNING RS ACOUSTICS INC PROFESSIONAL SERVICES A. General This agreement constitutes the entire agreement between parties with respect to the subject matter hereof and supersedes all prior agreements, whether oral or written, between the parties with respect to such matters. B. Payments Invoices will be submitted monthly and be payable upon receipt. Invoiced amounts unpaid after ninety (90) calendar days beyond invoice date shall be grounds for RSA to stop project work. C. Work-Cost Agreements RS Acoustics (RSA) will utilize its best commercial efforts to minimize hourly costs on the project without unduly compromising service, while working at the hourly rates indicated below. D. Charges RSA will charge hourly fees according to this schedule: Principals: $110 - $160 Senior Consultants: $80 - $100 Staff Assistants: $50 - $75 Time spent in travel during normal business hours will be charged as time worked. E. Reimbursable Expenses RSA will charge for reimbursable expenses at cost plus 10%. Reimbursable expenses include travel, subsistence, overnight mail, oversize plotting, special supplies or materials, and instrumentation-use charges. F. Termination Either party may terminate this agreement at any time by written notice of the other. Such notice is effective upon receipt. In the event of such termination, RSA will be paid in accordance with this agreement for the services rendered and expenses incurred or committed to prior to the effective date of notice of termination. Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041 ) (4 acoustical consulting services Mr. Don McCalla June 4, 2014 105 Linda Isle Newport Beach, CA 92660 Dear Mr. McCalla: ACS has been asked to review and comment on the change in acoustical testing methodology requested by the City of Newport Beach and the proposals provided by RA Acoustics Inc. for the 3-Thirty-3 restaurant(333 Bayside Dr, Newport Beach, CA). Summarizing item 4.a of the project Conditions of Approval: Require the outdoor dining patio to be attenuated to the same sound level as the main restaurant building when all exterior openings are closed. Initial RFP and Proposed Scope of Testing The testing methodology outlined in the scope of work within the 12/16/13 proposal follows recognized industry standards for determining sound attenuation provided by an exterior building envelope. I am confident this scope will enable the consultant to be able to determine if the intent of the sound attenuation condition is met. Additionally, if compliance with the condition is verified per this scope, the residents should have a reasonable expectation of protection from the anticipated noise impact. Revised RFP and Proposal I am seriously concerned about the modification of the methodology outlined within the revised 1/16/14 proposal. Within the new scope, sound level measurements of typical recorded music playback with dining patrons at the outdoor patio will be performed during a single site visit. Even if the measurements were performed over several site visits, there is no assurance that the levels will be representative of the potential noise impact to the nearby residential community. Live music, playback of recorded music, and patron noise can all range dramatically in sound level based on the crowd, the night, the time of the night, the performers, and the whim of a staff member who might have access to volume controls. Although live music will be prohibited on the patio, recorded music and/or patron noise can be just as loud as or louder than live music. Additionally, live music within the main restaurant could be present on the patio any time the patio door is opened or if it is ever propped open to facilitate service. Review of Completed Testing I have reviewed RA Acoustics 5/21/14 report entitled: 3-Thirty-3 Waterfront Restaurant Newport Beach, California -Acoustical Analysis & Measurement Test Report. Although this is a thorough report and the testing appears to have been performed in a professional manner,the testing did not follow RA Acoustics initial recommendations. More importantly, the testing and conclusions do not allow RA Acoustics to determine compliance with the Conditions of Approval. Additionally, the new methodology is inadequate. It does not ensure accurate representation of the potential impact to the neighbors, nor does it allow them to have a reasonable expectation of protection from the anticipated noise. Estimation of Potential Source Noise from the Patio—Testing was performed during only a single site visit with only 2 (and then 8)diners. Although the"potential' noise was extrapolated for 37 diners, the extrapolation was based on the noise created by 2 and/or 8 diners. This is not representative of the potential noise impact. As stated in my initial concerns: playback of recorded music and patron noise can range dramatically in sound level based on the crowd, the intoxication level of the patrons, the night, the time of the night, and the whim of a staff member who might have access to volume controls. P.O. Box 41182 Mesa, AZ 85274 Tel:480.827.1007 Fax:480.644.0801 Planning Commission - September 17, 2015 Item No. 6b: Additional Materials Received 3-Thrity-3 Waterfront Restaurant One-Year Review (PA2011-041) Estimation of Noise Reduction Provided by Exterior Wall—Instead of physically testing the noise attenuation provided by the exterior wall (as initially recommended by RA Acoustics), the"potential" attenuation was estimated "utilizing in-office proprietary transmission loss data." There was no testing performed to determine if the exterior wall is achieving the in-office proprietary transmission loss data. Additionally, there was no testing of the exterior wall of the main restaurant to determine if the patio attenuation is achieving the same level as the main restaurant building as required by the Conditions of Approval. Conclusions Acoustic experts (RA Acoustics) recommended industry standard testing methodology for this project. It appears they were asked to modify their recommended scope. The new methodology did not allow them to verify that the "construction of the patio 'envelope' provide the same level of sound attenuation as is provided by the main building." Therefore, there cannot be a determination of compliance with the Conditions of Approval. Additionally, I do not believe that the modified methodology will give residents a reasonable expectation of protection from the anticipated noise impact as I believe the original methodology would. Please contact me if you have any questions or need additional information. Respectfully, Tony Sola Acoustical Consulting Services P.O. Box 41182 Mesa,AZ 85274 Tel:480.827.1007 Fax:4BO.644.0801 3 =Th 'irty = 3 CUP OneYear Review UP2011-007 (PA2011-041) Planning Commission, New Business September 17, 2015 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) �SEW Pia Introduction / Background cqC/FORNP' m CUP One-Year Review ■ UP2011-007 (PA2011-041): Extended the closing hour of operation for the outdoor dining patio from 9:30 p.m. to 1:oo a.m. ■ One year review to determine the applicant's compliance with the conditions of approval as approved by the City Council on June 28, 2o11 by City Council • Subject to conditions of approval requiring sound attenuation, an operator license, and acoustical monitoring subject to a one-year review by the Planning Commission. 333 Bayside Drive ■ Southwest corner of East Coast Highway and Bayside Drive. ■ Linda Isle is located across Newport Harbor. 07/13/2012 Community Development Department - Planning Division 2 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Hours of Operation - Restaurant ■ g : oo a . m . to z : oo a . m . Outdoor Dining Patio v ■ g : oo a . m . to Z : oo a . m ., daily 07/13/2012 Community Development Department - Planning Division 3 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Vicinity Mapn Al 309 gel IN c r CI4p RN 1 S dQ Outdoor :��� +� , ' Dining Patio �7104 Linda Isle- Acoustical sle �• .; m o Acoustical Test Site 511J / i Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) View from Patio Towards Linda Isle - pr A r l04 Linda Isle- �• _. Acoustical Test Site 07/ _- 5 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Patio Dining Area uz C9C/FORN�P 41 wx } s A r t t, y. o x n a . � 7 z ll w ss�• — m y 04/24/2015 05 '. 39 07/13/2012 Community Development Department - Planning Division 6 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Sound Attenuation = � z a cqC/FORNP Plan Check No . 2288- 2013 SAYSIDE DR U I e C� < � 1 ___ Restaurant \ EaPatio AF 1�c PROPOSED SOUND BARRIER AT—f SITE PLAN EXISTING SKYVIEW CANOPY SCALE 1'=200 r;CF n 07/13/2012 Community Development Department - Planning Division 7 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Acoustical Monitoring ■ Initial acoustical test conducted April 10, 2014 Four acoustical monitoring tests conducted : August 15, 2014 (Friday) December 6, 2014 (Saturday) March 27, 2015 ( Friday) June 27, 2015 (Saturday) Results found that restaurant did not result in noise disturbances to the area . Other parties and boats on the harbor resulted in higher than average noise levels . 07/13/2012 Community Development Department- Planning Division 8 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Operator License Approved by the Chief of Police on June 5, 2014 - m , 2014 .■ Appeal filed by resident's of Linda Isle on June 19, 2015 . City Manager upheld the Chief Of Police's decision to approve the Operator License on July 3, 2015 . 07/13/2012 Community Development Department - Planning Division 9 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Patio NMI1 09/ 16/2014 06 : 42 07/13/2012 Community Development Department- Planning Division 10 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Patio • ■ Staff met with the neighbors and operator in October of 2015 to discuss the patio operation : Private parties are permitted . Tables and chairs can not be moved aside . Events requiring a special event permit are not allowed in the outdoor dining patio . 07/13/2012 Community Development Department- Planning Division 11 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Sound � z Attenuation = Plans a cqC/FORNP 13AYSIDE DRIVE ,� "i s �s Patio PROPOSED UNDBARRIERAT� - , SITE PLAN EXISTING SKYVIEW CANOPY SCALE 11=201.0- NORTH X dBa X dBa 07/13/2012 Community Development Department - Planning Division 12 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Recommend ation/Alternatives Recommendation P Accept public comments Confirm compliance with the conditions of approval, receive and file . Alternatives Suggest additional compliance measures in accordance with the conditions of approval . ■ Require an additional review in the future . Request the item be rescheduled for a public hearing to modify or revoke the CUP. 07/13/2012 Community Development Department - Planning Division 13 4 A O s y a ti 4 r logo kBOMOTWATOW4 Ill LGINKI 0 LTA MI V.19 MI 62"a I - For more information contact: - [Planner's Name] 949-644-[****] [Planner]@newportbeachca.gov www.newportbeachca.gov Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Public Correspondence Condition No. 4a : " Require the outdoor dining patio to be attenuated to the same level as the main restaurant building when all exterior openings are closed . The plans for modifying the patio shall be reviewed and certified by an acoustical engineer as meeting the same sound attenuation levels as the main restaurant building subject to the review and approval by the Community Development Director. Subsequent to construction, the installation shall be tested by an acoustical engineer and certified as to meeting city code noise standards ." 07/13/2012 Community Development Department - Planning Division 15 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) Interpretation • The sounds study accounts for the following conditions when testing the sound attenuation for compliance with Condition No . 4a : Limitations on occupancy Limitations on live entertainment and music played in the patio area Lower level sound sources in the patio result in the need for less insulation/attenuation as the main restaurant to reach the same exterior noise level . 07/13/2012 Community Development Department- Planning Division 16 Planning Commission - September 17, 2015 Item No. 6c: Additional Materials Presented at Meeting 041) CEQA Review _ a a.C'dt/FORNP This one -year follow- up review is exempt from environmental review pursuant to Section 15321 of the Guidelines for Implementation of the California Environmental Quality Act . This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. 07/13/2012 Community Development Department - Planning Division 17