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Home My WebLink About4.0 - The Village Inn Outdoor Dining and Land Use Amendments - PA2015-016 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 3, 2015 Meeting Agenda Item 4 SUBJECT: The Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) 123 and 127 Marine Avenue • Conditional Use Permit No. UP2015-006 • Zone Code Amendment No. CA2015-010 • General Plan Amendment No. GP2015-002 • Coastal Land Use Amendment No. LC2015-001 APPLICANT: Dan Miller, Village Inn Management OWNER: Charles Kinstler PLANNER: Brenda Wisneski, Deputy Community Development Director (949) 644-3297, bwisneski@newportbeachca.gov PROJECT SUMMARY The project consists of the establishment of a 190 square foot outdoor dining area to be located in front of The Village Inn restaurant at 127 Marine Avenue, within the public right-of-way. Land Use Amendments for 123 Marine Avenue are requested to allow the restaurant to retain an existing structure utilized for kitchen operations. The following applications are requested: 1. General Plan Amendment — to change the land use of 123 Marine Avenue from RT (Two-Unit Residential) to MU-W2 (Mixed-Use Water Related). 2. Coastal Land Use Plan Amendment - to change the land use of 123 Marine Avenue from RT-E (Two-Unit Residential) to MU-W (Mixed-Use Water Related). 3. Zoning Code Amendment — to change the zoning designation of 123 Marine Avenue from R-BI (Residential Balboa Island) to MU-W2 (Mixed-Use Water Related). 4. Conditional Use Permit — to allow the addition of a 190-square-foot outdoor dining area located in front of the Village Inn restaurant at 127 Marine Avenue, within the public right-of-way The subject applications require review and approval from the City Council. In addition, the City Council will consider the encroachments associated with the outdoor dining area, in accordance with Council Policy L-21. Pursuant to Chapter 5.25 of the Newport Beach Municipal Code, the Conditional Use Permit requires the owner/operator to obtain an Operator License from the Newport Beach Police Department. 1 The Village Inn Outdoor Dining and Land Use Amendments Planning Commission, December 3, 2015 Page 2 RECOMMENDATION 1) Conduct a public hearing; 2) Adopt Resolution No. _ recommending City Council approve Conditional Use Permit No. UP2015-006 to establish an outdoor dining area associated with Tthe Village Inn located at 127 Marine Avenue (Attachment No. PC 1); and 3) Adopt Resolution No. — recommending City Council approve General Plan Amendment No. GP2015-002, Coastal Land Use Plan Amendment No. LC2015- 001 and Zoning Code Amendment No. CA2015-010 for the property located at 123 Marine Ave (Attachment No. PC 2). 2 The Village Inn Outdoor Dining and Land Use Amendments Planning Commission, December 3, 2015 Page 3 VICINITY MAP 14 215 S ltd 215 215 ' . v ¢- :.. ? x213 izt z13� �y. r nB 210 I S 209112 41 • 1 209 11208 �`{v1 209 r1a21. 06 ':� 209 '. 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RT RT RT LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE Mixed Use Water Related Mixed Use Water Related Restaurant/Residential Residential —Two Unit Residential —Two Unit Residential Unit Vacant NORTH Mixed Use Water Related Mixed Use Water Related Real Estate Office SOUTH Residential —Two Unit Residential —Two Unit Two Units EAST Public Facility Public Facility Fire Station WEST Residential —Two Unit Residential —Two Unit Residential 3 The Village Inn Outdoor Dining and Land Use Amendments Planning Commission, December 3, 2015 Page 4 INTRODUCTION Project Setting The project site is located on Balboa Island on the southwest corner of Marine Avenue and Park Avenue. Balboa Island consists of mostly residential properties, with Marine Avenue as the commercial center of the Island. Along Marine Avenue are a variety of retail sales and service uses including restaurants, ice cream and frozen yogurt shops, clothing boutiques, hair salons, and coffee shops. A fire station is located across the street, to the east of the property. Single-family and two-unit residences are located south of the property. The Village Inn occupies a two-story building at the corner of Marine Avenue and Park Avenue. The lot is approximately 4,500 square feet in area. The Village Inn restaurant is on the first floor with a residential unit on the second floor. The restaurant is nonconforming in terms of required off-street parking. The restaurant operates from 7:00 a.m. to 12:00 a.m. daily with a Type 47 Alcoholic Beverage Control License and live entertainment. The proposed land use amendment is located on an adjacent 2,550 square foot lot to the south of The Village Inn and is improved with a duplex and attached two car garage. The applicant has indicated that the residential units are vacant. A portion of The Village Inn structure, which is utilized for kitchen operations, encroaches onto the residential property. Both properties are owned by Charles Kinstler who purchased this property in April 2012. See Attachment PC 7 for photos of both properties. Background The restaurant was established when a use permit was not required. In 2002, a permit was issued allowing for live entertainment at The Village Inn. On March 19, 2009, the Planning Commission authorized the remodel of the restaurant which included converting dining room seating into bar seating by approving Use Permit No. UP2009- 002. See Attachment PC 4 for Use Permit UP2009-002 and meeting minutes. The Planning Commission also found the Use Permit to be consistent with provisions related to Alcoholic Sales in accordance with the Municipal Code. The Use Permit included conditions to minimize potential impacts to the surrounding neighborhood which include: • Condition #27 — No dancing shall be permitted on the premises. • Condition #29 — Closing the restaurant by midnight. The restaurant could previously operate to 2:00 a.m. • Condition #30 — Planning Commission to conduct one-year review. The review was conducted on April 8, 2010 and the business was determined to be in compliance with the Use Permit. 4 The Village Inn Outdoor Dining and Land Use Amendments Planning Commission, December 3, 2015 Page 5 • Condition #31 — The doors facing Park Avenue shall be used for emergency use only after 8:00 p.m. A revised Live Entertainment Permit was issued in 2009 to include the following conditions (Attachment PC 5): • Condition #5 — Live entertainment shall consist of no more than five musicians. • Condition #9 — All exterior doors and windows shall remain closed during live entertainment events. Project Description The applicant requests: • A Conditional Use Permit to establish an outdoor patio in front of the restaurant located at 127 Marine Avenue; and • An amendment to the General Plan, Coastal Land Use Plan and the Zoning Code to change the land use designation for the property at 123 Marine Avenue from Two-Unit Residential to Mixed Use —Water Related. DISCUSSION Conditional Use Permit Analysis — Outdoor Dining Area The applicant seeks to establish a 190-square-foot outdoor dining area along the front of the restaurant on Marine Avenue. As the addition constitutes a major change to operations, an amendment to the Use Permit is required. The windows along the front elevation would be replaced with glass, accordian doors. The area would be improved with a raised concrete pad in order to be at the same level as the finished floor of the restaurant for ADA access. The dining area would be enclosed with a 42-inch-high wrought iron guardrail and accommodate up to 6 tables and 12 seats. The sidewalk would be maintained at 6-feet wide. The conceptual plans for the outdoor dining area are provided as Attachment PC 8. The outdoor dining area is located within the public right-of-way. A series of bike racks are currently located in this area. The bike racks are a public amenity which are heavily utilized. Therefore, a condition of approval has been proposed requiring that up to 20 bike racks be re-established on either 127 Marine or 123 Marine. If any portion of the racks are located on private property, a public access easement shall be recorded for the area. The proposed encroachment will require review and approval by the City Council to waive specific elements of Council Policy L-21 (Sidewalk Cafe Standards and Procedures. Areas for the Council's consideration is the need to raise the dining area 5 The Village Inn Outdoor Dining and Land Use Amendments Planning Commission, December 3, 2015 Page 6 6-inches above the sidewalk, allowance of a 6-foot wide sidewalk instead of 8-feet, the permanent nature of the guardrails, and the projection of the accordian doors into the right-of-way. General Plan, Coastal Land Use Plan and Zoning Consistency The restaurant property at 127 Marine Avenue is designated as Mixed Use Water Related (MU-W2) by the Land Use Element of the General Plan, Coastal Land Use Plan (CLUP) and Zoning Code. Outdoor dining areas are consistent with the MU-W2 land use category, which is intended to provide for marine-related uses including retail, restaurants, and visitor-serving uses with residential on the upper floors. The proposed project is also consistent with the CLUP designation, which is intended to provide for commercial areas with limited residential development permitted above the first floor. Eating and drinking establishments are permitted within this district subject to the approval of a use permit. Parking No parking is provided for either the restaurant or the residential unit on the second floor. Chapter 20.40.040 (Off-Street Parking Spaces Required) of the Municipal Code excludes outdoor dining areas which are less than 25 percent of the interior net public area, or 1000 square feet, whichever is less. The proposed area is approximately 190 square feet; therefore no parking is required for the establishment of an outdoor dining area. Hours of Operation The restaurant operates 7:00 a.m. to 12:00 a.m. daily. The outdoor dining area is proposed to be open beginning at 7:00 a.m. and closing when live entertainment starts. Similar to other outdoor dining areas in mixed use zones, a condition has been included in the draft resolution requiring the outdoor dining area to close by 9:00 p.m. and the doors leading from the restaurant to the outdoor patio be closed. Similarly, to ensure the glass doors provide noise attenuation, a condition has been included requiring the glass to be sound-rated. Police Department Review The Police Department reviewed the application and provided statistical crime data related to calls for service in and around the project site. The Police Department's memo, provided as Attachment PC 6, indicates that complaints regarding excessive noise have been made on several occasions. These complaints were investigated to determine if the business was operating in compliance with the Use Permit (closing doors and windows) and if the noise standards were exceeded. On one occasion, a single window was open while live entertainment was underway. However, no other violations were identified. The Village Inn Outdoor Dining and Land Use Amendments Planning Commission, December 3, 2015 Page 7 The Police Department concludes that, should the Use Permit be approved, the change in business operation would require that an Operator License be issued by the Police Chief. A security plan will be required with the License. The Operator License will provide for enhanced control of noise, loitering, litter, disorderly conduct, parking/circulation and other potential disturbances resulting from the establishment, and will provide the Police Department with means to modify, suspend, or revoke the operator's ability to maintain late hour operations. Conditions of approval have also been submitted by the Police Department. Use Permit Findings Pursuant to Section 20.52.020 of the Municipal Code, the Planning Commission may approve an application for a use permit if the following findings are made: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. 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; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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. The proposed outdoor dining area is consistent with the purpose and intent of the General Plan, Coastal Land Use Plan and Zoning Code. The existing restaurant serves residents and visitors and is conditionally permitted in the Mixed Use Water Related district. The outdoor dining area has been conditioned to reduce potential impacts to surrounding uses, including limiting hours of operation from 7:00 a.m. to 9:00 p.m. daily, and requiring sound attenuated materials. Doors to the patio, which are to be made of sound attenuated material, will be closed after 9:00 p.m. to maintain compatibility with the surrounding neighborhood. No violations warranting issuance of a citation have been identified. The business will continue to be required to comply with the conditions of Use Permit UP2009-002 and the City's noise ordinance. The Village Inn Outdoor Dining and Land Use Amendments Planning Commission, December 3, 2015 Page 8 Land Use Amendment Analysis The properties at 123 Marine Avenue and 127 Marine Avenue have common ownership. A duplex and attached two car garage occupies 123 Marine Avenue, while a restaurant and upper level residential unit are located at 127 Marine Avenue. The uses appear to have been in place for several decades. The restaurant structure extends approximately 6 feet onto the property at 123 Marine Avenue. There are no building permits on file for this area of the structure. Based on historic aerial photos, it appears the building encroachment has been in place since approximately the 1980s, and before the current owner. The structure is used for the restaurant's kitchen operation and storage. The restaurant floor plan and encroachment area are shown in Attachment PC 9. Staff met with the property owner on several occasions to explore methods to bring the current configuration into compliance with code requirements. Safety is the greatest concern in that the unpermitted structure is not fire-rated and it connects the residential structure to the restaurant. Other issues include access and the inability to issue building permits for structures that cross property lines. The land use amendment and future merger of the parcels will allow for the structure to be modified and these issues to be resolved. Figure 1 Proposed Land Use Amendment &01 215 „l 11J )1a tk:21,3 10 03 L3 MPJ LV1i1F Ft .!: ct 211 210 R BI 11I A 210 111 MUM2 ,7 209 106 209 2W Rd1 . 0B. 202 206 2U7 206 pF ... 2061 _ 206 RAI 205 RAI 204 104 101 I'2 203 ` 203 102 MU W2 R-R1 T'.` 202 01 1201 200 RAI 306 201 2W R RIS 304 1300 1201 W 126 1305 R.R1 122 1 RA1 121 124 125 IN MU W2 ff 125 _ 2• ^ tl3 122112 111 123 122 123 1. 11 120 111 111 1 -BI 111 H6 R-81 119 1 I14f119 R 116 111 112 - 112 115 11d 1p 115 Existing—Two Unit Residential I1 3 11 2 "3 Proposed— Mixed Use Ito fit l4.&.109 1 406112 In RA1 105_ t 91 10 ,106 R-6 nun R BI 8 The Village Inn Outdoor Dining and Land Use Amendments Planning Commission, December 3, 2015 Page 9 The property owner indicates the subject area is critical to their restaurant operations and therefore proposes to amend the land use of the residential property to mixed use. If the amendment is approved, the properties can be merged and the required improvements can be made to satisfy the building code requirements. The land use amendments would allow for both properties to be used for the restaurant use or for other uses allowed in the mixed use district. However, no development or expansion of the restaurant is proposed with this application, with the exception of the outdoor dining area. Redevelopment of the property or an expansion of the restaurant would require subsequent discretionary permits. General Plan Policies The subject amendments are legislative acts, and neither City nor State planning laws require findings for their approval. However, when making a recommendation to the City Council, the Planning Commission should consider applicable policies and development standards to ensure internal consistency. Goal LU3 of the General Plan states as follows: A development pattern which retains and complements the city's residential neighborhoods, commercial and industrial districts, open spaces, and natural environment. The proposed amendment would extend an existing mixed-use district to include an additional parcel on Marine Avenue, as shown in Figure 1 above. The mixed-use district extends north. The addition of one parcel maintains the same north-south configuration and general pattern of the commercial area. The residential district south of the subject property may be perceived as a continuation of the Marine Avenue commercial area as pedestrians are drawn to the end of the street toward the bay. Zoning Code If the land use amendments are approved, the residential structure would be considered a nonconforming structure because residential uses are only permitted on upper levels of mixed-use developments. The structure would also not conform to the side yard setbacks. Per Section 20.38.040 of the Zoning Code, nonconforming structures may be maintained, altered or added on to, subject to specific provisions of the Zoning Code. Therefore, the continuation of the residential structure would be permitted. The applicant has not proposed redevelopment of the subject properties. Redevelopment of either property or expansion of the restaurant would require additional discretionary review. The following comparison is provided to illustrate the development potential of the two unit residential designation, as compared to MU-W2. 9 The Village Inn Outdoor Dining and Land Use Amendments Planning Commission, December 3, 2015 Page 10 Table 1 Development Standard Comparison Two Unit Residential Mixed Use Water Related Permitted Uses One or Two Units Nonresidential Mixed Use res. upper levels Development Intensity 1.5 Floor Area Limit x Building 1.25 FAR (Mixed Use) Area + 200 square feet 0.5 FAR Nonresidential Height 24 to 29 feet 26 to 31 feet Setbacks Front 20 feet 0 feet Side 3 feet 0 feet/5 feet adjacent to residential Rear 5 feet 5 feet Charter Section 423 Analysis Pursuant to City Charter Section 423 and Council Policy A-18, an analysis must be prepared to establish whether a proposed General Plan amendment (if approved) requires a vote by the electorate. No General Plan amendments have been approved within the subject statistical area within the past 10 years. The subject amendment would increase non-residential square footage, but would not trigger the thresholds to require a vote. The thresholds are applicable: 100 dwelling units, 100 A.M. peak hour trips, 100 P.M. peak hour trips, or 40,000 square feet of non-residential floor area. Summary The applicant requests a Conditional Use Permit to establish an outdoor dining area. Appropriate conditions of approval have been created to minimize potential impact on surrounding uses and the required finding can be made. Land use amendments are also requested to retain a portion of the restaurant structure that crosses the property line. Because the land use amendment affects only one parcel and is an extension of the mixed-use designation to the north, it is compatible with the land use pattern of the area. Alternatives The Planning Commission may choose to modify or deny the Conditional Use Permit. If denied, the outdoor dining area at 127 Marine Avenue would not be constructed. A resolution of denial has been provided (Attachment PC 3). The Planning Commission may opt to deny the land use amendment and no further action would be taken, unless the decision is appealed to the City Council. Denial of the land use amendment would require significant modification, or removal, of the structure which encroaches onto the property at 123 Marine Avenue. 10 The Village Inn Outdoor Dining and Land Use Amendments Planning Commission, December 3, 2015 Page 11 Environmental Review The project is categorically exempt under Section 15302, of the State CEQA (California Environmental Quality Act) Guidelines — Class 2 (Replacement or Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 123 Marine Avenue. The project is also categorically exempt under Section 15303, of the State CEQA (California Environmental Quality Act) Guidelines — Class 3 (Construction or Conversion of Small Structures) in that the improvements associated with the outdoor dining area are considered accessory to the main structure. Public Notice Notice of this application was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of- way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: *na i,r ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution Approving Use Permit PC 2 Draft Resolution Recommending Approval of Land Use Amendment PC 3 Draft Resolution of Denial for Use Permit PC 4 Use Permit No. UP2009-002 and Minutes PC 5 2009 Permit to Conduct Live Entertainment PC 6 Police Department Memo, November 4, 2015 PC 7 Site Photos PC 8 Outdoor Dining Plans PC 9 Existing Encroachment Plans 11 V� Q� `-� �� P ,`�O �� 2� Attachment No. PC 1 Draft Resolution Approving Use Permit 13 V� Q� `-� �� P ,`�O �� 2� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF USE PERMIT NO. UP2015-006 TO ESTABLISH AN OUTDOOR DINING ASSOCIATED WITH AN EXISTING RESTAURANT AT 127 MARINE AVENUE (PA2015-016) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dan Miller, with respect to property located at 127 Marine Avenue, and legally described as Balboa Island Sec 4 Lot 15 Blk 1 & Lot 16 Blk 1 Ex E 10 Ft Lots 15 requesting to establish an outdoor dining area associated with an existing restaurant. 2. The applicant proposes to construct a 190 square foot outdoor dining area to be located along the front of the structure on Marine Ave. The proposed area would be located within the public right-of-way. 3. The subject property is located within the Mixed Use Water Related Zoning District and the General Plan Land Use Element category is Mixed Use Water Related (MU-W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU-W). 5. On March 19, 2009, the Planning Commission approved Use Permit UP2009-002 allowing for the remodel of the restaurant and determining the Use Permit to be consistent with the zoning provisions for alcohol sales. Conditions of approval were established to minimize potential impacts from the restaurant operations to the neighborhood. UP2009-002 and related conditions of approval shall remain in effect. 6. A public hearing was held on December 3, 2015 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is also categorically exempt under Section 15303, of the State California Environmental Quality Act (CEQA) Guidelines — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. The project is also categorically exempt under Section 15302, of the State CEQA Guidelines — Class 2 (Replacement or 15 Planning Commission Resolution No. #### # Page 2 of 7 Reconstruction) on the basis that the land use amendment would not result in new development or change the current use of the property located at 127 Marine Avenue. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.020 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The subject property is designated by the General Plan as Mixed Use Water Related. The proposed project is consistent with the MU-W2 land use category, which is intended to provide for marine-related uses including retail, restaurants, and visitor-serving uses with residential on the upper floors because the project consists of an existing restaurant and residential use. Finding: B. 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: 1. The subject property is located in the Mixed Use Water Related Zoning district. Eating and drinking establishments are permitted within this district subject to the approval of a use permit. 2. The outdoor dining area is proposed to be approximately 190 square feet in size which does not require parking per Chapter 20.40.040 (Off-Street Parking Spaces Required) of the Municipal Code. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1. The proposed eating area is located along Marine Avenue, an active commercial with high pedestrian use. Outdoor dining areas are encouraged in mixed use areas as they contribute to the vibrancy of the area. 2. The subject dining area is limited to 190 square feet and extends 4-feet from the building edge. The sidewalk would be maintained at six feet which is adequate to accommodate pedestrian passage. 07-22-2014 10 Planning Commission Resolution No. #### # Page 3 of 7 3. As conditioned, the outdoor dining area would be closed at 9:00 p.m. and proposed glass doors would be closed. 4. As conditioned, the proposed glass doors would be double paned (or similar material) to provide the same, or improved, noise attenuation, as compared to the existing exterior wall and windows. 5. The existing bike racks in the front of the property will be re-located to another location on-site. Finding: D. 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; and Facts in Support of Finding: 1. Establishment of the outdoor dining area will have no effect on the ability for public and emergency vehicle access and public services and utilities, as the improvements are limited to a 190 square foot eating area and do not encroach into the roadway. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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: 1. The project includes conditions of approval to ensure that potential conflicts with surrounding land uses are minimized to the greatest extent possible. Closing the outdoor dining area at 9:00 p.m. and closing the glass doors will ensure compliance with Chapter 10.26 (Community Noise Control) of the Newport Beach Municipal Code. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve Use Permit UP2015-006, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in 07-22-2014 27 Planning Commission Resolution No. #### Page 4of7 accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 3`d DAY OF DECEMBER, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 07-22-2014 12 Planning Commission Resolution No. ###### Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 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. Use Permit No. UP2015-06 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, unless an extension is otherwise granted. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This Use Permit may be modified or revoked by the 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. 6. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 9. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 10. No exterior amplified music, sound system, outside paging system shall be utilized in conjunction with the outdoor dining area. 11. 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. 07-22-2014 29 Planning Commission Resolution No. ###### Page 6 of 7 12. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on- site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 13. To the fullest extent permitted by law, applicant 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 Village Inn Use Permit including, but not limited to, the Use Permit UP2015-006. 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, City, and/or the parties initiating or bringing such proceeding. The applicant 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 shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 14. The hours of the outdoor dining area shall be limited to 7:00 a.m. to 9:00 p.m., daily. Upon closing the subject area, the glass doors which access the area shall be closed. 15. The glass doors, which provide access to the outdoor dining area, shall be noise attenuated. The effectiveness of the noise attenuation may be documented in the door specifications and reviewed during the plan check process. 16. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 17. There shall be no reduced price alcoholic beverage promotions offered by the restaurant after 9:00 p.m. 18. Food service from the regular menu shall be available to patrons up to thirty (30) minutes before the schedule closing time of the restaurant. 19. Prior to occupying the outdoor dining area, the applicant shall obtain an Operator License from the Newport Beach Police Department. A security plan shall be submitted with the Operator License application. 07-22-2014 20 Planning Commission Resolution No. #kms# Page 7 of 7 20. If the City does not approve land use amendments General Plan No. GP2015-002, Coastal Land Use Plan No. LC2015-001 and Zoning Code No. CA2015-010, prior to issuance of building permits for the outdoor dining area, appropriate permits for the removal of all improvements which encroach beyond the property line shall be obtained. The removal of these improvements shall occur prior to the City's approval for the occupancy of the outdoor dining area. 21. If the subject land use amendments are approved by the City and Coastal Commission, the applicant shall submit a lot merger application within 3 months of their approval. Building Division 22. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 23. Structural plans shall be required for the expansion of outdoor dining. A building permit shall be required. 24. Wheelchair accessible path of travel to the area to the outdoor dining is required. 25. Delineate a wheelchair accessible seat in the outdoor dining area. 26. In addition to the requirements listed above, additional disable access upgrades are required which shall include: the entrance, bar counter, and/or restrooms. Accessible upgrades shall be limited to 20% of the value of the work for outdoor dining. Public Works 27. The applicant shall obtain an Annual Outside Dining Encroachment Permit from the Public Works Department and pay all applicable fees for the proposed outdoor dining area. 28. Prior to issuance of building or encroachment permits, the applicant shall obtain City Council authorization to waive City Council Policy L-21 as it pertains to specific component of the outdoor dining area. 29. Up to twenty (20) bike racks shall be relocated on-site on either 123 or 127 Marine Avenue. The location and type of bike racks shall be approved by the Public Works Department. If the racks are located on private property, a public access easement shall be recorded for the area. 07-22-2014 21 V� Q� `-� �� P ,`�O �� Attachment No. PC 2 Draft Resolution Recommending Approval of Land Use Amendments 23 V� Q� `-� �� P ,`�O �� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVE GENERAL PLAN, COASTAL LAND USE PLAN AND ZONING CODE AMENDMENTS FOR THE PROPERTY LOCATED AT 123 AND 127 MARINE AVE (PA2015-016) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dan Miller, with respect to property located at 123 AND 127 Marine Avenue, and legally described as A-Tract: 102 Block: 1 Lot: 14 requesting to amend the land use designation from Two-Unit Residential (RT) to Mixed Use Water Related (MU-W2). 2. The subject property is located on Balboa Island within the Two-Unit Residential, Balboa Island (R-BI) Zoning District and the General Plan Land Use Element category is Two- Unit Residential (RT). 3. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two-Unit Residential (RT-E). 4. The property is developed with a two-unit residential dwelling and attached garage which is accessed from the alley. The two-story structure is setback approximately 45-feet from the front property line. The structure to the north, at 127 Marine Avenue, encroaches approximately 6-feet onto the subject property. 5. A public hearing was held on December 3, 2015 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The project is categorically exempt under Section 15302, of the State California Environmental Quality Act (CEQA) Guidelines — Replacement or Reconstruction on the basis that the land use amendment would not result in new development or change the current use of the property located at 123 and 127 Marine Avenue. The project is also categorically exempt under Section 15303, of the State CEQA Guidelines Class 3 — Construction or Conversion of Small Structures in that the improvements associated with the outdoor dining area are considered accessory to the main structure. 2.5 Planning Commission Resolution No. ###### Page 2 of 4 SECTION 3. FINDINGS. 1. Amendments to the General Plan and Coastal Land Use Plan are legislative actions. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. Code amendments are legislative actions. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 3. The amendments will establish the property as a mixed use designation, consistent with the property to the north and allow the uses to operate jointly. Specifically, the land use change, and future lot merger, will allow the portion of the building at 127 Marine Avenue which encroaches onto 123 Marine Avenue to be retained and be upgraded to comply with building code requirements. 4. The amendments provide the property owner greater flexibility to utilize the two properties which have historically been combined by the development which crosses the property line. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of the amendments to General Plan GP2015-002, Coastal Land Use Plan LC2015-001 and Zoning Code CA2015-010, affecting 123 and 127 Marine Avenue as set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. The City's certified Coastal Land Use Plan, including this amendment shall be implemented in a manner fully in conformity with the Coastal Act. 3. This Coastal Land Use Plan amendment shall take effect automatically upon Coastal Commission action, unless the Coastal Commission proposes suggested modifications. In the event that the Coastal Commission approves the Amendment with suggested modifications, City approval of the Amendment shall require a separate action by the City Council following Coastal Commission approval. In this case, the Amendment would become effective upon the effective date of the Coastal Commission certification of the modified Amendment. PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OF DECEMBER, 2015. AYES: NOES: 07-22-2014 20 Planning Commission Resolution No. ###### Page 3 of 4 ABSTAIN: ABSENT: BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 07-22-2014 27 V� Q� `-� �� P ,`�O �� g Planning Commission Resolution No. ###### Page 4 of 4 EXHIBIT A $1219 216 R_ I 219'112 218112 219 218 MU-W2 R-BI 219 2.18 217 216 217A 216112 217 216 21r7 2'I6 R-BI 215 244 215 214 295 294 273112 MU-W2 21.g 218 213 243 272 211 A 210 291 210 R-BI 211 MU-W2 RBI 241 210 209112 206 209 208 209 209 208 R!81 R-BI 2 7 206 207 206 PF 207 206112 206 205 204 204 2051/2 204 203112 203 205 203 202 :MU-W2 203 202 201 1/2 200 R-BI 11.300-201– 200 201 1304 13b8 R-BI 201 200 R� PARK AVE 1807 27 186 1305 127 121 6 R-BI 727 U24 185 124 M -W2 PF 125 124 R-BI 1,23 1221!2 1,22 183 U22 R$ L23 122 181 120 127. 120 121 120 178 119112 R-BI 117 x = 119 < 118 0 116 116 117 116 R-131 115 1141/2 u 114 11.4 R-BI 115 114 113 112 Land Use Existing Two Unit Residential (RT) 111 1101/2 Proposed Mixed Use Water Related (MU-W2) 110 709 106 112 Coastal Land Use Existing Two Unit Residential (RT-E) 107 tos R-BI Proposed Mixed Use Water Related (MU-W) Zoning Code Existing Two Unit Residential (R-BI) Proposed Mixed Use Water Related (MU-W2) o Is (7 t!9 M l!! P PP P r r � P BAY FRONTS Os 07-22-2014 �9 V� Q� `-� �� P ,`�O �� 30 Attachment No. PC 3 Draft Resolution of Denial for Use Permit 31 V� Q� `-� �� P ,`�O �� RESOLUTION NO. #### A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL DENY USE PERMIT NO. UP2015-006 TO ESTABLISH AN OUTDOOR DINING ASSOCIATED WITH AN EXISTING RESTAURANT AT 127 MARINE AVENUE (PA2015-016) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Dan Miller, with respect to property located at 127 Marine Avenue, and legally described as Balboa Island Sec 4 Lot 15 Blk 1 & Lot 16 Blk 1 Ex E 10 Ft Lots 15 requesting to establish an outdoor dining area associated with an existing restaurant. 2. The applicant proposes to construct a 190 square foot outdoor dining area to be located along the front of the structure on Marine Ave. The proposed area would be located within the public right-of-way. 3. The subject property is located within the Mixed Use Water Related Zoning District and the General Plan Land Use Element category is Mixed Use Water Related (MU-W2). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU-W). 5. On March 19, 2009, the Planning Commission approved Use Permit UP2009-002 allowing for the remodel of the restaurant and determining the Use Permit to be consistent with the zoning provisions for alcohol sales. Conditions of approval were established to minimize potential impacts from the restaurant operations to the neighborhood. UP2009-002 and related conditions of approval shall remain in effect. 6. A public hearing was held on December 3, 2015 in the Council Chambers at 100 Civic Center Drive, Newport Beach. 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. 33 Planning Commission Resolution No. #### Page 2 of 3 SECTION 3. REQUIRED FINDINGS. The Planning Commission may approve a use permit only after making each of the five required findings set forth in Section 20.52.020.17 (Required Findings). In this case, the Planning Commission was unable to make the required findings: 1. The use is consistent with the General Plan and any applicable specific plan; 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; 4. 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; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby denies Conditional Use Permit No. UP2015-010. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 3`d DAY OF DECEMBER, 2015. AYES: NOES: ABSTAIN: ABSENT: 03-03-2015 -2 4 Planning Commission Resolution No. ###### Page 3 of 3 BY: Kory Kramer, Chairman BY: Peter Koetting, Secretary 03-03-2015 S5 V� Q� `-� �� P ,`�O �� 3C Attachment No. PC 4 Use Permit No. UP2009-002 and minutes V� Q� `-� �� P ,`�O �� 3g RESOLUTION NO. 1782 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. UP2009-002 TO ALLOW A MAJOR CHANGE IN OPERATIONAL CHARACTERISTICS OF AN EXISTING RESTAURANT AND THE OPERATION OF AN ALCOHOLIC BEVERAGE OUTLET LOCATED AT 127 MARINE AVE (PA 2009-014) WHEREAS, an application was filed by Balboa Island Village Inn, Inc., with respect to property located at 127 Marine Avenue, and legally described as Balboa Island Section 4, Lot 15, requesting approval of a use permit; and WHEREAS, the subject property is located within the Retail and Service Commercial District with a Residential Overlay and is subject to the requirements of Chapters 20.15, 20.52, and 20.82 of the Zoning Code which require a use permit for a major change in the operational characteristics of an existing eating and drinking establishment; and WHEREAS, a substantial change in the character of operation of an alcoholic beverage outlet requires a use permit under the provisions of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets); and WHEREAS, a use permit for an increase in the number of seats in the bar, which constitutes a major change in the operational characteristics of an existing eating and drinking establishment, has been prepared and approved in accordance with Section 20.91.035 of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: Finding: That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Support of Finding: • The project is located in the Retail and Service Commercial (RSC) District with a Residential Overlay. The residential overlay allows all of the permitted uses of the base district with residential allowed above the first floor. The purpose of the RSC District is to provide areas which are predominantly retail in character but which allow some service office uses. The existing restaurant with alcohol sales is a retail sales use which serves residents and visitors and, therefore, is consistent with the purposes of the RSC District. • Subject to the approval of a use permit by the Planning Commission, a restaurant use with alcoholic beverage service is permitted within this district. Use permits enable the City to control certain uses which could have detrimental effects if not compatible with uses on adjoining properties and in the surrounding area. The Village Inn restaurant use with alcohol sales is compatible with the uses in this district, including the other restaurants, ice cream and frozen yogurt shops, clothing boutiques, hair salons, and coffee shops along Marine Avenue. The proposed application does not present any conflicts with the purpose and intent of this district. 3J° Planning Con fission Resolution No. Page 2 of 7 Finding: That the proposed location of the Use Permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city. Facts in Support of Finding: • The project site is designated as Mixed Use Water Related (MU-W2) by the Land Use Element of the General Plan. The proposed project is consistent with the MU-W2 land use category, which is intended to provide for marine-related uses including retail, restaurants, and visitor-serving uses with residential on the upper floors. • The proposed hours of operation, Sunday through Thursday from 9:00 a.m. to 12:00 a.m. and Friday and Saturday from 9:00 a.m. to 2:00 a.m. will not significantly change characteristics of the existing commercial area, and will a provide a benefit to customers by serving breakfast. • The Newport Beach Police Department has reviewed the project, has no objections to the basic operations as described by the applicant, and considers the Village Inn to be a community asset. • If the Use Permit is approved, the conditions imposed on the Village Inn will reduce any possible detriment to the community by ensuring continued consistency with the intent and purpose of Chapters 20.82 and 20.89. Finding: That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Support of Finding: • Eating and drinking establishments are subject to the requirements of Chapter 20.82 of the Municipal Code. Pursuant to this Chapter, a use permit is required for a major change in operational characteristics, including the increase in the number of seats of a bar by more than 15 percent. The operator of the Balboa Island Village Inn, Inc. has applied for a building permit to remove dining room seating in order to expand the bar area. This proposed construction will reduce the net public area because a portion of the customer service area will be converted to an area used by employees. In addition, the number of seats at tables and booths will be reduced by 20 and the number of bar seats increased by 18. • Chapter 20.62 (Nonconforming Structures and Uses) of the Municipal Code allows for interior alterations to be made to structures that are nonconforming due to deficient parking. Approval of the Use Permit will not intensify the existing use because the net public area and number of seats will be reduced. Because the application only proposes 40 Planning Con,,nission Resolution No. Page 3 of 7 interior alterations and does not intensify the use, the Use Permit may be approved without providing the parking that would otherwise be required. Further, the customers of the Village Inn often live on Balboa Island and walk to this destination. • The project has been conditioned to comply with the development and operational regulations pursuant to Section 20.89.050 of the Municipal Code as they relate to the operation of the proposed project. These conditions include restrictions on the hours of operation, and prohibition of "happy hour" reduced alcohol beverage prices that would promote sale of such beverages except when served in conjunction with food ordered for the full service menu. Employees serving alcoholic beverages will receive training in responsible methods and skills for serving and selling alcoholic beverages, the exterior of the Village Inn will be maintained free of litter and graffiti at all times, and the owner or operator will provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. WHEREAS, a public hearing was held on March 19, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, the project qualifies for an exemption from environmental review pursuant to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA), which exempts the operation of existing facilities involving negligible expansion of use; and NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No. UP2009-002, subject to the Conditions set forth in Exhibit "A". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. 41 Planning Coni nission Resolution No. Page 4 of 7 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MARCH 2009. AYES: Eaton, Unsworth, Hawkins Peotter Toerge and Hillgren NOES: McDaniel BY: 44�6--- Sc—otfPe er, Chairman BY: ZpC&2L Barry Eai;) , Secretary 42 Planning Commission Resolution No. _ Page 5 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL PROJECT SPECIFIC CONDITIONS ARE IN ITALICS 1. The development shall be in substantial conformance with the approved site plan and floor plans, except as modified by applicable conditions of approval. 2. All proposed signs or displays shall be in conformance with Chapter 20.67 of the Newport Beach Municipal Code. 3. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. 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. 6. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 8. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 9. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 10. Should the business or property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 11. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that 43 Planning Corinnission Resolution No. _ Pa eAof7 produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 12. No outside paging system shall be utilized in conjunction with this establishment. 13. 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. 14. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Department. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 15. 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. 16. 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. 17. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. 18. 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. 19. A Special Event 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. 20. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 44 Planning Commission Resolution No. Pa e7of7 21. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge, or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a use permit. 22. No alcoholic beverages shall be consumed on any property adjacent to licensed premises under the control of the licensee. 23. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered for the full service menu. 24. Petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 25. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for serving and 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 effective date of this use permit. 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 26. There shall be no on-site radio, television, video, film, or other electronic media broadcast, including recordings to be broadcasted at a later time, which include the service of alcoholic beverages, without first obtaining an approved Special Event Permit issued by the City of Newport Beach. 27. There shall be no dancing allowed on the premises. 28. Upon request of the Police Department, or with a change or transfer of the Alcoholic Beverage Control license, a security plan shall be submitted to the Police Department for review and approval. 29. The hours of operation shall be limited to between 7:00 a.m. and midnight, daily. 30. The Use Permit shall be reviewed by the Planning Commission one year after the conclusion of the appeal period. The applicant shall make a good faith effort towards a goal of increasing the percentage of food sales to 40 percent or more by the one-year review period. 31. After 8:00 p.m., the second set of doors to the west of the main entrance doors on Park Avenue shall be used for emergency use only. 45 CITY OF NEWPORT BEACH Planning Commission Minutes March 19, 2009 Regular Meeting - 6:30 p.m. 'ROLL CALL Commissioners Eaton, Unsworth, Hawkins, Peotter, McDaniel, Toerge, and Hillgten—all present. STAFF PRESENT: David Lepo, Plaihning Director Patrick Alford, Plarihing Manager Aaron Harp, Assistan't,qity Attorney Fern Nueno, Assistant Planner Jaime Murillo, Associate Planner Melinda Whelan, Assistant Planner Ginger Varin, Administrative Assistant k., PUBLIC COMMENTS: PUBLIC COMMENTS None . „t. 4 t. nfv POSTING OF THE AGENDA: POSTING OF THE AGENDA The Planning Commission Agenda was posted on March)3, 2009. HEARING ITEMS r, SUBJECT: MINUTES of the regular meeting of February 19, 2009. ITEM NO. 1 Motion was made by Commissioner Hawkins and seconded by"_:, Approved Commissioner Hillgren to approve the minutes as written. Ayes: Eaton, Unsworth, Hawkins, Peotter, Toerge and Hillgren A Noes: None Abstain: McDaniel SUBJECT: Balboa Island Village Inn (PA2009-014) ITEM NO. 2 127 Marine Avenue PA2009-014 A use permit application for an existing full service restaurant to allow the Approved conversion of dining room seating into bar seating, and for the operation of an existing alcoholic beverage outlet. NEWPORT`. _ACH PLANNING COMMISSION M ,gUTES 03/19/2009 Fern Nueno gave an overview of the staff report: • The Village Inn began construction without a building permit and performed construction on Sundays, which violates City regulations; • There was a complaint with the Building Department and an inspector was sent out to the site who notified the owner that a building permit was required; • In response to a letter sent to the Department regarding dancing on site, the police were notified and stated that no dancing had been observed. • During the past few years, there has been a decline in calls for service at this site from the Police Department. • There is no requirement for a certain percentage of food sales under their ABC license. Scott Russo, attorney representing the applicant, noted: • A licensed contractor is doing the improvements. • The red tag occurred September 2008. • No intent to seek a dancing permit. • No requirement for a 50 percent food sales under their ABC license, • The application is necessary for increased business. • The area to be updated needs to be refurbished to make it conducive and pleasant for customers. Commissioner McDaniel noted his concern with the removal of the wall that acts as sound attenuation and the increased noise. Aric Toll, one of the owners of Village Inn, noted a six-foot hole will be put into a wall that spans the width of the building so that light will come in from the other side of the room. Discussion continued regarding noise, placement of the band and the configuration of the wall. Commissioner Toerge asked the applicant if he was in compliance with the conditions of his alcohol license. He was answered, yes. Commissioner Eaton suggested an additional condition for a one-year review of the application. Mr. Toll answered he would agree. Public comment was opened. Speaking in opposition: Mr. Roger Van Pelt — Marine Avenue resident noted issues of parking, traffic, attraction of 'bar' people, has seen dancing on the premise, other restaurants in the area are making it with their quality of food, noise comes out from the establishment when the doors are opened. On the weekends, when patrons get out on the street there is smoking, fights, loud conversations, public urination and vomiting. Don Deputy — Marine Avenue resident noted his concern of noise, especially during the summer; parking and traffic problems. Page 2 of 15 47 NEWPORT �_ACH PLANNING COMMISSION MiwUTES 03/19/2009 Shirley Van Pelt — Marine Avenue resident noted the configuration of the site will create a dance hall situation that will draw the drinking crowd. At Commission inquiry, she noted the sound does carry and the doors will now be opened and that will further impact both the sidewalk traffic and noise. With the quality and type of food she does not feel this will work for the betterment of the surrounding residences. Mike Sullivan — Marine Avenue resident noted his concern that this establishment is becoming more of a bar than a restaurant. In doubling the bar space what would that lead to? In a restaurant you do not hear the screaming which I hear at night with my windows closed. He has not called the police or complained about it. He has to pick up the trash in the mornings. It should be a restaurant, and if you approve this, there should be a commitment to improve the food and less noise. There is dancing there on the weekends. He noted his support of the restaurateur. Speaking in support: Ken Cowan — Crystal Avenue resident noted he enjoys the food at the bar, has not seen any fights or public nuisances as previously described. At Commission inquiry, he stated the dining area is dark and nobody goes in there. Michael Kranz — Diamond Avenue resident noted he frequents the establishment and that the new seating will be a benefit. Lori Kranz — Diamond Avenue resident noted her support of the application. Food quality is not the issue. This establishment is an asset to the community and people are friendly. Spencer Stepuvicke — as a past employee of the Village Inn, noted it is an asset to the community; the owner is very friendly and has provided games for the adults; it is a good place and hopes that it will become viable with the addition of the seats and new lighting features that will open the place up. Mr. Toll noted that last year he sold close to $400,000 in food with a full service menu. The operation will not change with the improvements. Public comment was closed. Commissioner Eaton noted: • Approval of this application would give the City the ability to impose conditions on the use that are not present now such as LEAD training; • A one-year review with a report on the amount of food sales would give the opportunity if additional conditions need to be imposed; • This is licensed as a restaurant. Commissioner Hillgren asked if anything else will be changed in the space other than opening the wall. Page 3 of 15 42 NEWPORT'..-ACH PLANNING COMMISSION M,,4UTES 03/19/2009 Mr. Toll answered a counter top, opening and a couple of televisions along with paint and finishing touches are all planned to match the other side. He stated that he has no objections to the conditions contained in the staff report and would agree to a weekend restriction of opening at 9:00 a.m. At Commission inquiry, Mr. Lepo noted that this is an old liquor license and the regulations have since changed. When that license was issued there was no minimum food sales requirement. This was not licensed as a bar; they were expected to serve food. Commissioner Unsworth asked if there had been sound testings. Commissioner McDaniel noted there was quite a bit of testing done as this place had been an issue on the Island for a very long time. Recently, improvements had been done on the premises such as new glass and a reconfiguration. Noise does spill out with doors opening and closing. That is not the problem; it is once the patrons leave the premises and go into the community it wakes the whole area up, which is not the responsibility of the owner. Chairman Peotter asked if there were restrictions on live entertainment. Ms. Nueno answered that live entertainment is allowed with no more than five musicians or vocalists using amplified music or microphones limited with certain decibel limits. Chairman Peotter asked about the hours between midnight and 2 a.m. Mr. Toll noted he would agree to a condition restricting those hours during the weekend if he was granted the conversion of bar seating in the dining room. Commissioner Toerge noted if this project is not allowed, then it is status quo. It was suggested that LEAD training and other modifications to the business to address the concerns of the Commission; how could this operation be improved? Mr. Toll noted he is proud of the current operation and works very hard. The Police Department knows we control our patrons and the control of liquor service and the establishment is in good standing with the ABC. Commissioner Toerge asked if the food percentage will change if this application was granted. Would you agree to a 50 percent food sales? Mr. Toll answered now people do not use that area. He would not agree to the food percentage; however, it is a goal but he has not achieved it yet. At Commission inquiry, he noted the doors in the remodeled area should be there for use. After hours is different as they will be closed for noise containment. He agreed to a condition that after 8 p.m. those doors will be used for emergency use only. Page 4 of 15 49 NEWPORT'�_ACH PLANNING COMMISSION MiiaUTES 03/19/2009 Commissioner Hawkins asked if the applicant would agree to a 40 percent food to alcohol ratio with an annual report back to the Planning Commission. Mr. Toll agreed. Scott Russo noted there will be an annual review. If necessary, Mr. Toll will agree to cut back those hours; however, ten percent ($100,000) of his business comes during those hours. The reason for this request is that the Village inn is not a viable business and has not been one since the Tolls took over. This change is necessary as the Village Inn has to turn a profit and must become a viable enterprise. Detective Dave Stark noted the Police Department would support the time change closing at midnight as it would enhance public safety and addresses concerns previously stated. The problems occurring at 2 a.m. would go away and alleviate the neighbors' concerns if this place closes at midnight. Commissioner McDaniel noted he does not support this application. Points have been made if this was approved that conditions could be applied. However, the Village Inn will no longer be a restaurant, it will be a bar. It clearly is,indicated that with the televisions installed it will change the nature of that establishment. Whether it is profitable or not, is not an issue for Commission consideration. I believe changing the closing hours will be a help. Commissioner Unsworth asked what recourse the Commission would have in a year's time with a review. Assistant City Attorney Harp answered different conditions could be added in order to address those violations. Motion was made by Commissioner Eaton and seconded by Commissioner Hawkins to adopt resolution approving UP2009-002 with the following modifications: • Restriction of hours of operation not past midnight Friday and Saturday nights. • One-year review by the Planning Commission of the operational characteristics with a request for information on the amount of alcohol sales. Commissioner Hawkins noted this is a difficult issue due to the small location with nearby adjacent neighbors. Any restaurant operation serving alcohol will have a noise impact and that is problematic. As a member of the City's Economic Development Committee, he noted their concerns with the current economic situation. The new hour restriction will result in a benefit and the annual review will allow further conditions if necessary. He noted his support of the motion. Page 5 of 15 �D NEWPORT _ACH PLANNING COMMISSION Mi BUTES 03/19/2009 Commissioner Hillgren noted his concern of this becoming a bar. He noted his support of the Village Inn as a restaurant that serves alcohol. The reduction of hours is an important step in confirming the genuine intent to operate a restaurant that serves alcohol. He proposed an amendment to the motion to have a goal of 40 percent food sales for the annual review. The maker and the second of the motion agreed. Commissioner Hawkins asked staff's opinion regarding food sales percentages. Mr. Lepo answered to the extent that provides the Commission with indication of this retaining a restaurant rather than a bar, that would be up to you to decide the percentage they show. Short of an outside review of the data, you will have whatever data that is submitted by the applicant. Commissioner Toerge noted we want to see improvement and these movements are helping this project become more compatible and helping the applicant become more successful. If there have been no complaints within a year and the applicant wants to stay open later, then that may be a possibility. Mr. Harp noted a violation of a goal would not be an enforceable condition. When they would come back in a year, you would look at if they had breached some of the conditions that were imposed upon them. Discussion continued on the findings and the need for evidence for enforcement. Chairman Peotter proposed to opening earlier at 7:00 a.m. Both the maker and second of the motion agreed. Chairman Peotter then proposed that the doors on the west side on Park Avenue to be used as emergency exit only after 8:00 p.m. Both the maker and second of the motion agreed. Ayes: Eaton, Unsworth, Hawkins, Peotter, Toerge and Hillgren Noes: McDaniel Excused: None `SUBJECT: Balboa Inn Hotel/Sienna Restaurant (PA2008-197) ITEM NO. 3 105 Main Street PA2008-197 „ 1. The applicant is requesting.,an amendment to Use Permit No. 3158 to: 1) reduce Approved and reconfigure the floor area allocated for restaurant dining; 2) expand the venue or private events with live entertainmenfho,inplude the use of the covered courtyard; 3) extend the hours for private events with `five-.eptertainment; 4) increase the number of private events with live entertainment permitfi=_d•per month and remove a restriction that prohibits such events from occurring during the rhonths of July and August; and 5) allow live entertainment for the patrons of the restauranf•within the covered courtyard Jaime Murillo, Associate Planner, gave an overview of the staff report. Page 6 of 15 51 V� Q� `-� �� P ,`�O �� Attachment No. PC 5 2009 Permit to Conduct Live Entertainment 153 V� Q� `-� �� P ,`�O �� SEW PO CRTY OF N\ EWPORT BEACH Revenue Division CHARLES-KINSTLER July 3, 2012 CVILLAGE INN 427' ARWE AVE NEWPORT BEACH,CA 92662 PERMIT TO CONDUCT LIVE ENTERTAINMENT The City of Newport Beach does hereby authorize live entertainment activities to be conducted at the above indicated facility. This permit is issued to the entity listed above, and is not transferable to any other entity. The approval of this permit is contingent on the compliance with the regulations for operation as defined by Newport Beach Municipal Code Section 528, the Use Permit associated with this property and the following conditions for operation 1. The permittee must meet the conditions for issuance of the permit. 2. The establishment shall be operated in a legal and orderly manner. 3. Permiltee must comply with all conditions of the Use Permit, 4. Live entertainment shall comply with the requirements of Municipal Code Chapter 5.28. Compliance with Section 5.28.040(B)(3) is reasonably met by not exceeding the maximum levels set forth in condition 5. 5. Live entertainment shall consist of no more than five musicians and/or vocalists using amplified instruments and microphones. 6. The live entertainment shall be confined to the interior of the building with performances located on the stage as shown on the plans submitted with the application. 7. Music or noise from the establishment for which the permit was issued shall not interfere with the peace and quiet of the neighborhood. 8. Noise levels from live enterlainment shall be controlled so as not to exceed 60 dB(A) on the public sidewalk adjacent to the exterior doors and 50 dB(A) at the centerline of the public alley between the Village 1rm and 1305 Park Avenue while the doors are closed. Noise spikes up to 80 db(A) on file public sidewalk adjacent to the exterior doors and up to 70 db(A) at the centerline of the public alley between the Village Inn and 1305 Park Avenue are permitted during patron ingress and egress. 9. All exterior doors and windows shall remain closed during live entertainment activities except to allow the ingress and egress of patrons. 10. After 8:00 p.m.,the second set of doors to the west of the main entrance doors on Park Avenue shall be used for emergency use only. 11. There shall be no dancing allowed on the premises. 12. Every place of entertainment shall have a manager on the premises at all times when entertainment is performed. 13. The permittee, or any person associated with him as principal or partner, or in a position or capacity involving total or partial control over the establishment for which this permit is issued, shall not be convicted of a criminal offense involving moral turpitude. Approved by: Date: 1' Revenue Manag r cc: Code Enforcement Police Department Planning Department 3300 Newporl Boulevard - Post OlTice Box 1768 - Newport. Beach, Calilornia 92658-8915 Telephone.: (949) 644-3141 • Fax: (949) 644-3073 • +v+vw.ne+vporl.beachca. ov 1515 V� Q� `-� �� P ,`�O �� Attachment No. PC 6 Police Department Memo, November 4, 2015 V� Q� `-� �� P ,`�O �� g NEWPORT BEACH POLICE DEPARTMENT BCH DETECTIVE DIVISION 43 MEMORANDUM TO: Brenda Wisneski, Deputy Community Development Director FROM: Wendy Joe, Police Civilian Investigator DATE: November 4, 2015 SUBJECT: The Village Inn Outdoor Dining and Land Use Amendments 127 Marine Avenue Use Permit No. UP2015-006 (PA2015-016) Operator License No. TBD At your request, the Police Department has reviewed the project application for the Village Inn, located at 127 Marine Avenue, Balboa Island. Per the project description, the applicant is applying for an amendment to change the land use designation from residential to mixed-use for 123 Marine Avenue, which is a residential lot abutting the existing restaurant. The application also requests an amendment to allow a 240-square foot outdoor dining area on Marine Avenue, which would include proposed accordion doors on the Marine Avenue side of the building. Should the conditional use permit be amended, an Operator License will be required per the municipal code. The applicant maintains a Type 47 (On-Sale General - Eating Place) Alcohol Beverage Control license. Statistical Crime Data Attached is a report compiled by Newport Beach Police Department Crime Analyst Caroline Staub, which provides detailed statistical information related to calls for service in and around the applicant's current place of business at 127 Marine Avenue. The Police Department divides the City into areas referred to as Reporting Districts. This allows the Police Department to create statistical data, as well as better communicate officer locations while policing. The proposed applicant location is within Reporting District (RD) 42 which encompasses Balboa Island. RD 42 is not a high crime area; however, alcohol issues are a concern in this area. • In 2014, RD 42 was 26% under the city-wide average of reported crime • 61% of arrests in RD 42 are directly related to alcohol. Significantly, this figure is the same as the Balboa Peninsula's RD 15. 159 Village Inn UP2015-006 Over-Saturation The applicant premise is located within census tract 0630.06. This census tract has an approximate population of 2,831 with 14 active ABC licenses. That is a per capita ratio of 1 license for every 197 residents. Per the Business and Professions code, we compare this per capita ratio to Orange County's per capita ratio of 1 license for every 494 residents. This location meets the legal criteria for undue concentration. • RD 42 has 11 on-sale ABC licenses • RD 42 has 3 off-sale ABC licenses • RD 42 is over the Orange County per capita ratio of 1 to 494 • RD 42 is over saturated with a total per capita ratio of 1 license for every 197 residents Comments and Recommendations Code Enforcement advised the Village Inn regarding excessive noise on 02/20/2015. In response, police patrol officers self-initiated seven "patrol checks" at the Village Inn during the months of April and May and found no violations. Police dispatch has received four anonymous noise complaints year-to-date. On one occasion the officer noted that "one window was open one inch". Two of the four calls occurred on the same evening wherein officers needed to return because the windows and doors were not shut after the first visit. In October, a patrol officer self-initiated a patrol check and advised the restaurant regarding the excessive noise. Should the conditional use permit be amended, an Operator License will be required per the municipal code. A security plan will be required as an addendum to the License. As part of the security plan, the Police Department will request the Village Inn install security cameras with a one-month recording retention. The Police Department requests City Staff and the Planning Commission evaluate the following recommendations: • The Police Department anticipates the addition of the outdoor patio will exacerbate any existing noise concerns. If this project is approved, the Police Department suggests no exterior amplified music or loudspeaker of any kind be used on the patio. Given the close proximity to homes in the neighborhood, we recommend the outdoor patio be closed by 9:00 p.m. daily. Proper signs indicating, "No Alcohol Beyond this Point" should be displayed, and a barrier of at least 36" should be constructed around the patio perimeter. The patio, as well as all windows and doors, should be closed during live music. • Condition #25 of the restaurant's existing conditional use permit requires all employees serving alcoholic beverages complete a certified training program in responsible methods and skills for serving and selling alcoholic beverages. Records of such training shall be maintained and made available to the police department upon request. On 11/03/2015 1 spoke with applicant Dan Miller, who advised he could not be sure which of his employees were certified. Mr. Miller last conducted in-house training on the topic approximately 18 months ago. He has required certified training of his employees in the 2 00 Village Inn UP2015-006 past, but it was closer to 2012 when he acquired the business. Given that 61% of arrests in RD 42 are alcohol related, the police department expects this condition to be met moving forward. m Mr. Miller has indicated the restaurant's quarterly gross sales of food are 44% and his beverage is 56% of his total sales. He reports this food sales figure is up from 17% when he acquired the business. As common practice, City Staff applies to new restaurants what is known as the 50/50 condition within the industry. The condition requires the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The Police Department acknowledges the positive direction Mr. Miller is taking and recommends this condition be imposed to bring consistent with current common practice. ® The Police Department recommends the Village Inn be required to install security cameras with a one-month recording retention. It is our experience that cameras in conjunction with proper signage will not only deter, but help us to solve crime. CONDITIONS OF APPROVAL Police Department requests all existing conditions of approval remain, and the following conditions be added. 1. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 2. There shall be no reduced price alcoholic beverage promotions after 9:00 p.m. 3. There shall be no dancing allowed on the premises. 4. Food service from the regular menu must be available to patrons up to thirty (30) minutes before the scheduled closing time. 5. Strict adherence to maximum occupancy limit is required. 6. No exterior amplified music, public address speakers, outside paging system, loudspeaker, sound system, or other noise generating device shall be utilized in conjunction with this restaurant. 7. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 3 01 Village Inn UP2015-006 If you have any questions as to the content of this memorandum, please contact Civilian Inve tigator Wendy Joe at 949.644.3705 or wjoe@nbpd.org. Wen y Joe Polic Civilian Investigator, Special Investigations WL Bradeller Sergeant, Special Investigations Jay Short Lieutenant, Detective Division 4 02 00 D w D A � .. � o• y o d D � ry W O O n q r T b O � �• O � � N N G 99 J a T w m 3 ''o' o c z s s ^ m eo of ON O O o zz nzz O o n o O 0 p 3 R w O 000 N lw0 .O pOj l�0 OJ0 N W O ,Gn o 0 � o � �• � < M w N � A M 0, u7 N o N Sm N S 1 N N N 0 (D \41 I G1 O 3 j Q O 6 O O 0) w w N A A N N O y~y O F S S n F O H N N O A N O W w N a W W O N m S N a e t O A 00 O O of i0 O 00 Oi N W W W v y d �••�••� 3 b 0 A N Z W 0 0 A A �^ n OJ �+ •,� O n D O IV r N g 6 S T NoM o C 00 N S a 3 O N OD M � O U7 NO M D n v v J [Ht9 N o ° c (D v v d m 0 1A r ° No (D 9 a y O O R N N O N w O 00 Cn A + — H G' y M ry Ui ;, f f+ m '� Z M Q o m w < 0 00 A m ry O, N F> 00 S W 0 9 0 4 A W U1 o 0 D ry N 01 O. n n 0 0 O n � � N o w0 N w ? N n � J �� CITYOP � 4 o a A f+ N W w O • Y-0 t0 o HJY�a o � ° � � n V� Q� `-� �� P ,`�O �� Attachment No. PC 7 Site Photos 05 V� Q� `-� �� P ,`�O �� • • MARINEAVENUEAND PARK 4 IFrr a PROPOSED Y `. � %,� , Unpermitted development 1 1 Attachment No. PC 8 Outdoor Dining Plans 09 V� Q� `-� �� P ,`�O �� o M A R I N E A V E gY ___ 1 u RINE WE w _ EXISTING Y rCm 41Q, Q RESTAURANT 1 � a Q m drn c Q Q c �C 9 @ @ FCp o SITE PIAN � @ U „ �a ® a m SNEUPND OVERALL BOOR ALAN ® auwmw aam a.x co [xrtxw a<v� s Z a O NO w ❑ LJL VIGNIWA FN am u � L u i a.ew r 3 oQ.to N m PUNtl FIXE a•a+="�re� M A R I N E A V Eg F.9•a= sm�ew'eNu xoaw �o'�e a€t m MYI PA II JDD CEID 3 WOS VEa MF �oxs a,ce ix...,wxax t0 FELCGIEU nrp�s ttos[o m n N Y cE @ fA C — @ 0 @ @ ECp N oimns @ a_ NPpE:Ereoo @ aFmfi[E EXISIINC EXISrIEN6 m M Z Z U PROPOSED FLOOR PVN tl ® Q 0 a ¢ INDICATES ACCESSIBLE PATH OF TRAVEL O J 0W J C6 I I>_ ZO IW W X r �N. low a smr 000ss I i i p I (�g SECT,,I,O—N iso rxx:.rrre Mrs \ E RIOR LEVATION FROM MARINE AVE. """"' �r.�z�ro w.'.�mw Awl PIANO ECK. Attachment No. PC 9 Existing Encroachment Plans �3 V� Q� `-� �� P ,`�O �� M A R I N A V E C=3 CED-- CE COD EJD IL t) O Z 11 siwa WA Us ----------- Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION — DECEMBER 3, 2015 ITEM NO. 4a: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMENDMENTS (PA2015-016) From: Wisneski, Brenda Sent: Monday, November 30, 2015 7:57 AM To: 'tom obrien' Cc: Dixon, Diane; Petros, Tony; 'dduffield@newportbeachcagov.gov'; Muldoon, Kevin; 'edsel@roadrunner.com'; Peotter, Scott; 'keithcurryl@yahoo.com'; Biddle, Jennifer; Brandt, Kim Subject: RE: Project File N0: PA2015-016 --The Village Inn Outdoor Dinning and Land Use Amendments Ms. O'Brien, Thank you for your comments. Your email will be forwarded to the Planning Commission which is considering this application on Thursday, December 3rd at 6:30 p.m., in the Council Chambers. Please contact me if you have any questions. Sincerely, Brenda.Wisneski,AICP Deputy Community Development Director (949) 644-3297 City of Newport Beach Planning Division 100 Civic Center Drive I Newport Beach,CA 92660 A responsive,knowledgeable team otpm1rs natsgu&Wcomto=iydevelopmeutin the puh&cinterest From: tom obrien rmailto:to-IoCalsbcglobal.net] Sent: Sunday, November 29, 2015 10:16 PM To: Wisneski, Brenda Cc: Dixon, Diane; Petros, Tony; dduffieldCclnewoortbeachcagov.aov; Muldoon, Kevin; edsel(&roadrunner.com; Peotter, Scott; keithcurryl(nlyahoo.com Subject: Project File N0: PA2015-016 --The Village Inn Outdoor Dinning and Land Use Amendments Ms. B. Wiseneske and Members of the Newport Beach City Council, As thirty year residents of Balboa Island, I am writing to express mine and my husband's great distress at the proposed expansion of the Village Inn's outdoor dinning into a residential lot, and the subsequent change in the land use designation from residential to mixed -use for 123 Marine Avenue, Balboa Island, California, 92662. First, Balboa Island is primarily a residential community, and there is no reason to change the land use designation from residential to mixed- use for the 123 Marine Ave residential lot which abuts the existing Village Inn restaurant. The interests of the residents will not, in any way, be served if the Council allows the land use change. As a matter of fact ,the long standing problems of loud music until late into the night and rowdy customers will be exacerbated. 1 If the land use change is allowed liquor will be served within five feet of the front door and front patio of the residence at 121 Marine Ave.. When people drink, people smoke, so cigarette smoke from the Village Inn patrons will also filter into the home and the lungs of the young children who live at 121 Marine Ave. There is a Municipal Code MC 11.08.080 which prohibits smoking within 100ft of public beaches and public piers. Surely, an owner of private property should be protected to the same extent as those persons enjoying the public beaches and piers. Second, the application also includes an amendment to a Conditional Use Permit to allow a 240- square-foot outdoor dinning area in front of the restaurant at 127 Marine Avenue, within the public right -of- way. I would invite Ms. Wiseneske and the Council Members to come to Balboa Island and stand in the proposed 240-square-foot area in which the outdoor dinning is proposed. It would be obvious that there is not enough room in that 240 square foot for tables and chairs and patrons and servers and all the foot traffic that walks along that side walk. Again, alcohol will be being served, and patrons will be smoking AND speaking loudly within 1 00f of residential properties. It is ludicrous to believe that "the project is categorically exempt under Section 15302 of the State CEQA( California Environmental Quality Act) Guidelines- Replacement or Reconstruction on the basis that the land use amendment would NOT result in( new development or)change to the current use of the property located at123 Marine Ave. The project is also categorically exempt under Section15303 , of the State CEQAGuidelines .... in that the improvements associated with the outdoor area are considered accessory to the main structure."( Paragraph 3) When it is clearly stated in the second paragraph the the land use amendments would allow for both properties to be used for the restaurant use or for other uses allowed in the mixed use district"! So, no longer strictly residential use. That is a HUGE change. And, just what is allowed in a mixed use district? Third, currently, in the 240-square foot area into which the Mr. Miller wishes to place tables and chairs for outdoor dining, there are bike racks. Groups of as many as twelve people often ride to the Village Inn, park their bikes, then ride home after a couple or more hours partying in the Village Inn. If the bike racks are removed, where will those patrons put their bikes? those persons who currently ride their bikes to the Village in will continue to do so. ( We have counted as many as twenty -five bikes locked in the bike racks on big holidays like the 4th of July, Memorial Day weekend or Cinco de Mayo.0 Where will they park the bikes? They will most likely chain the bikes to the street/no parking signs along Marine Ave. It will be impossible to walk along the sidewalk. Finally, have all of the property owners on the Island been advised of this Public Hearing and the proposed expansion of the Village Inn? We received a notice about a proposed new structure across the Bay at 1509 E. Bay Avenue. We certainly think all Balboa Island property owners should receive a notice about the proposed expansion of the Village Inn. Regards, Lynne and Thomas O'Brien 105 Marine Ave., Balboa Island Newport beach, CA 92662 2 Planning Commission - December 3, 2015 Item No. 4aa: Additional Materials Presented at Meeting The Village Inn Outdoor dining and Land Use Amendments (PA2015-016) 12/3/2015 Dan Miller 127 Marine Avenue Balboa Island,CA 92662 Planning Commission 100 Civic Center Drive Newport Beach, CA Planning Commission- Attached within are over 100 signatures with resident support of our desire to create a patio along Marine Ave. Of these signatures over 90%have come from Balboa Island residents. I have also included an email and letter drafted by two of our closest neighbors in support of our operational excellence and the project in which we are applying. I believe they are on public record as well. Thank you for your consideration. Regards, 0-4 , 1 G Dan Miller -.• / • • • 1111 • • I ' • ' � w w 1 • 1 • • 1 i . � •'. '''' ' 1 R ' S cJ'!i i ' �L ilk r� '� 1 �� lie►:�11` ■ 5 MR PON WIN 11"I NO NEW WINS MUM .W- ■ IEL i " • " 1 " • 1 17'°I IL " I : Y ! �•�l; 11 s I i IG,i i~ Y••{7, j •"• • • r • • • • i . • i ' f'' Ii !1 i' jlly i� '{ i ' iv,�i 9Igii 1 • nG„ ♦ 4. S 1^ / •' � � • ROME r 5400M FATM 170 IN POMMY 0", 1 WOMEM" M twill 100 MEMO OF"Al,I W" , ■�%t%►��'11lu�111�15. / C U d , it 1 - : _ _ WIR MAP Planning Commission -December 3, 2015 The Village Inn under the ownershiplpfRN6e at.Meeting quality of dining on FAbWiA*94nnTbOMtdIiq f_%*qI@41AWrfi4Rt9Ir�&15-016) agree that continuing the restaurant's improvements y creating an indoor/outdoor eel would be a benefit to the resident dining environment. Name Address Phone # Signature Z'(2-Ax C kj;t iT .' , 26a3 T6e&kXT &9 A ,tObrZO I 1-87D--076 213-22. h i , !? Von "`� '�'ai..A�6�„ `�•ZjA1� 7r '�. �,{p `�+a',1��C��"p,�v�\� . V\,r. �vC7�+. ILS lo,.e. �� ,gni �i �� 3 16' ,✓�--. i 714 (_011576 ., wmv' f ,.-. E -na fir• i iI x`74 IS W 0A, f 4,1 W 4 :- ,G V%�f�� or,"1091WOMW'du IIS. _ �'. . ,� [Lv■r,t(o7PA,Fj . liC� 1p . V all :u lam' �<G'a:'/t1_fa W 1'�,� !' ��. laywrLwalmILLIAMILMI 9/ i r r tguy rA a � l ®R 'u % "► a �� 0 �r X17 Planning Commission - December 3, 2015 Item No. 4aa: Additional Materials Presented at Meeting The Village Inn Outdoor dining and Land Use Amendments (PA2015-016) 10 c'SGl ��ernc� Q(o y20 �� 71. �S 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Planning Commission - December 3, 2015 Item No. 4aa: Additional Materials Presented at Meeting The Village Inn Outdoor dining and Land Use Amendments (PA2015-016) 12/2/2015 David Seeber 122 Onyx Balboa Island, CA 92662 Planning Commission 100 Civic Center Drive Newport Beach, CA Planning Commission- My property is 20 feet away from the Village Inn. In the 4 years since the new ownership has taken over, we have seen a dramatic improvement in the noise and related issues that this restaurant/bar had maintained. We support the direction the Village Inn is taking and believe the Miller's to be excellent operators of this establishment. My wife Karen and I now dine at the Village Inn on a semi-regular basis and appreciate the efforts to improve the food, service and ambience that the restaurant now maintains. With Regards, ]� //,�' David Seeber Gmail -Village Inn Planning Commission - DbgeihTk#dr 3, 2015 Item No. 4aa: Additional Materials Presented at Meeting The Village Inn Outdoor dining and Land Use Amendments (PA2015-016) GI`� I Dan Miller<danisiandjessicamiller@gmail.com> Village Inn 1 message Todd Keller<tmk33@me.com> Wed, Dec 2, 2015 at 1:50 PM To: Daniel&Jessica Miller<danielandjessicamiller@gmail.com> Dan, I wanted to let you know how sorry I am that I was not able to be there in person to support you. As you know we have owned 1305 Park Avenue for almost 3-1/2 years. We personally stay there about 4 to 5 weeks a year and the rest of the time is filled up with vacation renters from all over the world. In the 3+years we have owned the home directly next door to the Village Inn and we have never had any issues or problems with the restaurant. Shannon, myself and our renters have had a very positive impression of the restaurant and have eaten there often over the years with very favorable reviews. Even though they have live music the noise has never been an issue and in fact we have never even heard the music. You can even walk by the restaurant while the doors are closed and you can not hear the live music. (Which is still unbelievable to me) I know Dan has gone to great lengths to make sure the noise level is not an issue to the neighboring homes. (None of which are closer then ours) He has done an outstanding job controlling the noise level and I feel as though he is very thorough in making sure any changes he makes do not negatively impact the neighborhood. Dan is an upstanding and outstanding businessman and I truly believe he has the best interest of the community in mind in every change he makes to the restaurant. We are very thankful that Dan owns the Village Inn as he has greatly improved the restaurant and its reputation. Thank you Todd 213-500-0505 https:/hnail.google.com/mail/u/1/?ui=2&i1--b6l l cd77ff&view=pt&search=inbox&th=151... 12/3/2015 I Planning Commission - December 3, 2015 CITY E*r'R&P6v4�t:AQ4na1 Materials Presented at Meeting The Village InrrWVklg@D&AVr*jch�and Use Amendments (PA2015-016) Office of Management and Budget DATE: November 17, 2015 TO: ALL PAYROLL PROCESSORS FROM: Cindy Harris, Payroll SUBJECT: HOLIDAY PAY SCHEDULE 2015 Based on the upcoming holidays, please comply with the following changes in deadlines for payroll submittal. 1. Due to the Thanksgiving day on Thursday a i ay, November and 27, all pa oil timesheets for the period ending N mber 27 are du 10:00 a.m. nday, November 30. P roll will be created esday, November at 5:00 p.m. erefore, you will be able oad Wednesday, ember 25 and M ay, Novemb (by 10:00 a.m.). All PAF' re due to HR by 1 p.m. Wednes November The regular scheduled pay of December 4, 2 (612) will not ffected. 2. Due to the Calendar Year End and the Holiday Closure pay issue December 18, 2015 (613) will be created on Wednesday, December 9, at 5:00 p.m. Therefore, you will be able to load Wednesday, December 9 (after 5:00 p.m.) and Thursday, December 10 (by 5:00 p.m.). Timesheets are due in the Payroll office by 5:00 p.m. on Thursday, December 10. All PAF's are due to HR by 5:00 p.m. Thursday, December 3. The regular scheduled payday of December 18, 2015 will not be affected. 3. Due to the Holiday Closure Thursday, December 24 @ noon thru Friday, January 1, 2016 pay issue December 31, 2015 (614) will be created on Monday, December 21, at 10:00 a.m. Departments may load Monday, December 21 (after 10:00 a.m.) thru, December 28 at 10:00 a.m. Timesheets are due in the Payroll Office by 10:00 a.m. Monday, December 28. If your Department is observing the Holiday Closure your timesheets must be in the Payroll office by Wednesday, December 23 by 5:00 p.m. All PAF's are due to HR by 12:00 p.m. Tuesday, December 15. Vouchers and paychecks for the scheduled payday of December 31, 2015 will be available for Departments to pick up on Wednesday, December 30 at 12:00 (noon). PPE PAFs Due Paymn Created Timesheets Due Payday 11-13-15(611) No Change No Change No Change 11-20-15 11-27-15(612) 11-19-15 12:00 PM 11-24-15 5:00 PM No Change 12-04-15 12-11-15(613) 12-04-15 5:00 PM 12-09-15 5:00 PM 12-10-15 5:00 PM 12-18-15 12-25-15(614) 12-16-15 12:00 PM 12-21-15 10:00 AM 12-23-15 5:00 PM(Closure Depts.) 12-31-15 12-28-1510:00 AM(Non-Closure Depts.) If you have any questions, please call me at x3022. Thank you for your assistance. Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION — DECEMBER 3, 2015 ITEM NO. 4b: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMENDMENTS (PA2015-016) From: Brandt, Kim Sent: Monday, November 30, 2015 8:04 AM To: 'Smith Fritz' Cc: Wisneski, Brenda; Biddle, Jennifer Subject: RE: Village Inn Expansion Hearing Dear Mr. Smith, Thank you for your email regarding the proposed expansion of the Village Inn. Your email will be forwarded to the Planning Commission for their consideration in review of the Village Inn application which is scheduled for a public hearing on Thursday, December 3rd at 6:30 p.m., in the Council Chambers. Please contact me if you have any questions. Sincerely, K. grawdt, AICI> Commi mu t� DevelcpmewtDirector 949-644-3226 www.newportbeachca.gov �dEW�Rr a From: Smith Fritz fmailto:fritz@whittier.edu] Sent: Sunday, November 29, 2015 2:40 PM To: Brandt, Kim Subject: Village Inn Expansion Hearing Dear Kimberly Brandt, I'm writing to express my concerns about the proposed addition of sidewalk seating to the Village Inn. So you know, my family has a very long involvement with Balboa Island and, in particular, with living on Marine Avenue. My grandparents and friends of theirs built the house at 1400 S. Bay Front (the corner of Marine) in 1926 and owned it through the 30's. My own family started vacationing on the Island in the early 50's. My parents bought the house at 1316 S. Bay Front (the other comer of Marine) in 1966 and the ownership continues in the family to this day. One of the things that has made our location so attractive to us (beyond being on the water, etc.) is the proximity of the shops on Marine. We enjoy our interaction with the shopkeepers and are loyal patrons of many of the restaurants, so we completely understand the desire of the owners of the Village Inn to add outdoor seating. But on the other hand, we have also experienced the late- r night revelers from the V.I. talking loudly outside our bedroom windows and are really concerned that, as opposed to the other Island restaurants with outside seating, the V.I. seating would be right next to and across from residences. It is that closeness that ends up being the major issue for me. Things are loud enough as it is, even with the soundproof windows and other restrictions, that having diners next to the sidewalk would likely be the breaking point for our friends who live near the V.I. I encourage the Planning Commission and City Staff to reconsider approving this proposal. Sincerely, Fritz Smith 1316 S. Bay Front 2 Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION — DECEMBER 3, 2015 ITEM NO. 4c: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMENDMENTS (PA2015-016) From: Wisneski, Brenda Sent: Tuesday, December 01, 2015 7:36 AM To: 'Mike Sullivan'; PETER J BERGMAN; Suzanne Savary Cc: Kramer, Kory; Brown, Tim; Koetting, Peter; Lawler, Ray; Weigand, Erik; Zak, Peter; Biddle, Jennifer Subject: RE: City bike rack near Village Inn Thanks Mike. Your comment will be included in the public record and distributed for consideration. From: Mike Sullivan rmaiIto:suIIivanohoto(�[)road run ner.coml Sent: Monday, November 30, 2015 6:11 PM To: Wisneski, Brenda; PETER J BERGMAN; Suzanne Savary Cc: Kramer, Kory; Brown, Tim; Koetting, Peter; Lawler, Ray; Weigand, Erik; Zak, Peter Subject: City bike rack near Village Inn Hi Brenda-- Good meeting today. Thank you. The revelation that the city owns the bike rack and the sidewalk under it was quite a game changer. For starters, this is what we sometimes experience with the bike rack in place. You can imagine what will happen if you remove that many racks without nailing down an alternative before this even goes to a hearing. Saying that it will be something to work out later is not good enough planning for those who live here and will experience that which you see in this photo and several more pics just as instructive. The closest house in the photo is three houses down from the existing racks. The house with the brick is mine. This would be a nightmare for us and for the police, not to mention all the other reasons not to approve. This will negatively impact our street every bit as much as the many more obvious objections to such a project, which we discussed and will bring up at the hearing. To assist the planning commissioners, our neighbors will start sending information and objections from the rest of the neighborhood so they won't be overloaded with new information right before or during the hearing. Best, Mike Sullivan t i I 121# , . T,' ` a � 1. Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION — DECEMBER 3, 2015 ITEM NO. 4d: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMENDMENTS (PA2015-016) From: Wisneski, Brenda Sent: Tuesday, December 01, 2015 3:38 PM To: 'Mike Sullivan' Cc: Biddle, Jennifer Subject: RE: Village Inn Expansion Thank you Mike. Your email will be included in the public record for the project. From: Mike Sullivan [mai Ito:suIIivanohoto(�[)road run ner.coml Sent: Tuesday, December 01, 2015 3:20 PM To: Wisneski, Brenda; Torres, Michael; Kramer, Kory; Brown, Tim; Koetting, Peter; Lawler, Ray; Weigand, Erik; Zak, Peter Cc: PETER J BERGMAN; Suzanne Savary Subject: Village Inn Expansion Respectfully submitted to members of the Newport Beach Planning Commission from: Homeowners and Residents of 100 Block of Marine Ave. The homeowners and residents of the 100 block of Marine Avenue on Balboa Island are unanimous in our opposition to any further expansion of the Village Inn and any rezoning of the residential property atl23 Marine Ave to "mixed use." Thank you for including us as part of the process. Some of us will be at the hearing to state our case, but for those of us who will not we submit the following just for the record. Those homeowners and residents whose names are listed at the end of our submission have each lived on Marine Avenue for decades, and all of us have lived here before the current owners of the Village Inn bought the establishment four years ago. Many of us have known five previous owners and have had good relationships with them. That all changed for the worse when these owners took over. Almost from the beginning these new owners began violating the peace and quiet that we had all appreciated so much about our block. We are within walking distance to the shops and restaurants, but we're on a quiet one-way street facing the shops, so we have little traffic, a tight knit block of friends who cherish the quiet, picturesque Balboa Island way of life. We bring to your attention —four items, each of which we feel would convince you not to approve any further expansion of the Village Inn. The first is the most annoying, is their refusal to contain their nighttime band music inside their building. We regularly hear it inside our homes. The second is what they have done for the past three years to the residential property at 123 Marine, which they also own, bringing squalor and embarrassment to our block. The third is their record of systematic violations of municipal codes, use codes, building codes, and the penal code. They gamed the system in breaking the rules —your rules. t And finally the fourth objection is the most obvious because it illustrates the most impractical aspect — it will be too noisy inside our homes with people eating and talking thirty feet away with the sports bar behind them now open. We hear the yelling now with the windows closed. A sports bar inside an echo chamber with ground to floor open doors would be unbearable. It's just too close to houses. We will include only Item 1 in this email so as not to burden you with so much information in one sitting. There are three additional items that need to be addressed. Item 1: Unacceptable noise level from band music. We bring this item to your attention first because it illustrates a spectacular disregard for the neighborhood by these particular owners. They have violated not just the common rules of decency, but broken your rules, the very rules you have set down for the city, and now seek your approval to actually expand their operation. In 2012 they got an entertainment permit for amplified sound with up to a four-piece band. Once the permit was in hand, they almost immediately violated it. The permit states that the entertainment shall be performed on the stage as indicated in the floor plan submitted with the application. The stage had a back wall to it, which acted as the sound barrier between the band and our houses. It also divided the room for those patrons who wanted to enjoy the music from behind the stage and with less volume. The room itself acted as an additional sound buffer. The owners illegally tore down that wall without a city permit, increased the size of the stage and moved it closer to our houses. It was disastrous for us. The band music could be heard inside our houses, even across the street and four houses down. We've been in a three-year battle with them to obey the rules and give us the peace and quiet we had before their arrival. The building department signed off on this violation because it was handled as a construction matter, rather than a use code violation, and we've paid a miserable price for that oversight ever since. They also stripped the place bare of any sound absorbing material, including the carpeting and all four large restaurant booths. They then dumped those large booths in the front yard of their property next door, where they stayed for months. (More on that later) The building has effectively been turned into an echo chamber from which we also hear screaming and yelling when the music gets real loud and from the sports bar patrons who yell for their teams. Hearing nightclub music and screaming inside our homes is not acceptable. The city's rule against dancing is routinely ignored, which usually results in the screaming. We've seen and taped as many as thirty people dancing there, some on top of chairs. This is a restaurant, mind you. The music was so loud that we could hear the lyrics inside our houses. The bass drums could not only be heard, but felt. Even when the vocals or guitars get lower, the bass, often synthesized is relentless, never giving us a break. We could also hear a lot of screaming. It was impossible to help the kids with their homework. Trying to put them to bed at night was very stressful, as the noise could be heard in the bedrooms on the other side of our house. It has taken a toll on our family life. We begged the owners to give us a break. They kept saying they were "working on it." We had told code enforcement about them stripping the place bare and removing the wall and the resulting noise three years ago, and nothing happened. Finally in January of 2015, our entire street signed a petition insisting that the owners do something to stop the band music from penetrating our houses. The owners responded with more excuses and justification. We got code enforcement involved, and they ordered them to replace the sound wall and move the stage back to where the permit states it should be. That was nine months ago, and we still hear music in our houses because they've not replaced the wall nor moved the stage back. Instead they doubled down and asked you for more expansion. 2 Their application for expansion shows no replacement of the sound wall, but a movement of the stage a short distance to in front of their fireplace with the speakers still facing their neighbors. That would certainly not solve the problem. But if they really thought that it would, and they were sincere about decreasing the noise in the neighborhood, they could have proven that point nine months ago by moving it there. It took only one day to illegally move that stage, and it could have been moved just as easily to prove their selling point. Back to three years ago when they broke the rules and we started to hear band music inside our homes, we tried so hard to not call the police, thinking we'd give the new owners a chance. It was a big mistake. We finally met with both owners to talk about the noise. We were told that a sound engineer had told them that it was impossible to contain all of the music inside the building, and that we would more or less have to accept that, even though before they took over, the music had been completely contained. One owner, Charlie also told us some of the sound we heard in our house was coming through the knotholes in our fence, which of course is not even as high as our windows. He also said that if we continued to be bothered by the noise, he could always cut down the beautiful tree that shades both properties, and build a high block wall in front of our house. We remained polite and suggested sound absorbing curtains, which they did buy, and then texted us that we should pay for them. But they never put these curtains behind the speakers, and the music has continued to be heard inside our house for three years. We not only hear the band music, but the screaming when the music gets really loud, and even see and hear people on the sidewalk singing and dancing and shouting the music along with the bands. Our 11 year old son begged us to call the police many times. We should have followed his advice. Owner Dan Miller came to our house and suggested that instead of calling the police or code enforcement, that we should text him when the music got too loud. We agreed, but that was a very big mistake, because after three years of futile texting, nothing changed. We had been snookered. That's why you will see the police report on the location with only a few incidents logged, when there should have been hundreds of police calls from many of us. We were snookered. Granting any restaurant owner the privilege of outdoor dining is a reward that should be reserved for those owners who have proven that they follow the rules. These owners have proven the opposite. You would have to convince yourselves that they would change their spots and miraculously become people who follow your rules and respect their neighbors in order to say yes to this project. And so we ask you to reject their application for outdoor dining and mixed use for their other property. End of item 1. Mike Sullivan (owner) 121 Marine Ave. Tina Sullivan (owner) 121 Marine Ave. Peter Bergman (owner) 120 Marine Ave. Mariellen Bergman (owner) 120 Marine Ave. Doctor Suzanne Savory (owner) 118 Marine Ave. Don Martin (longtime resident) 119 Marine Ave. Patricia Sysak (longtime resident) 119 1/2 Marine Ave. Carol Deputy (owner) 115 and 110 Marine Ave.Pat Hughes (owner) 117 Marine Ave. Sharon Tetrault (owner) 114 Marine Ave. Ellis Morcos (owner) 122 Marine Ave. 3 111 and 112 Marine are vacant and for rent Anne and Fritz Smith (owners) end of the block on SBF Diane Lewis (owner) 116 Marine Ave. Lee Short (Also) 116 Marine Ave. Stuart Robinson (owner) 113 Marine Ave. Thomas O'Brien (owner) 105 Marine Ave. Lynne O'Brien (owner) 105 Marine Ave. 4 Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4e: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMENDMENTS (PA2015-016) -----Original Message----- From: Wisneski, Brenda Sent: Wednesday, December 02, 2015 7:13 AM To: 'Diane Lewis' Cc: Biddle,Jennifer Subject: RE: Village Inn Outdoor Dining and Land Use Amendments Ms. Lewis, Thank you for your comment. Your email will be distributed to the Planning Commission for consideration and included in the public record. Brenda Wisneski,AICP Deputy Community Development Director (949) 644-3297 City of Newport Beach I Planning Division 1 100 Civic Center Drive I Newport Beach, CA 92660 A responsive, knowledgeable team of professionals guiding community development in the public interest. -----Original Message----- From: Diane Lewis [mailto:Dineyl039@hotmaii.com] Sent:Tuesday, December 01,2015 7:54 PM To:Wisneski, Brenda Subject:Village Inn Outdoor Dining and Land Use Amendments My name is Diane Lewis. I am the homeowner for the past twenty six years at 116 Marine Avenue. I strongly urge the Planning Commission to vote NO to change the land use from residential to mixed use for 123 Marine Avenue. We already have parking issues on our street because of use by merchants and customers from businesses in the second and third blocks on Marine Ave. Also,the firemen park their trucks and cars on our street along with the owners and guests from Grand Canal. On parade day in June,the owner of the Village Inn opens the property at 123 Marine for alcoholic beverages and food. The noise pollution is horrible. I can't imagine people sitting, drinking, and dining along the sidewalk of Marine Avenue outside of the Village Inn without blocking some of the public right of way. Sometimes at closing time we already hear some of the rowdies. Lets not allow them to further disrupt and downgrade our neighborhood! Please vote NO to change residential zoning to mixed zoning in our existing residential neighborhoodl 1 Planning Commission - December 3, 2015 Item No. 4f: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) Attachments: Letter to Newport Beach Planning Commission re 123 and 127 Marine Ave.pdf; Picture 123 Marinejpg From: Alan Marcos [mailto:alanCcbalanmorcos.com] Sent: Wednesday, December 02, 2015 2:06 PM To: Kramer, Kory; Brown, Tim; Koetting, Peter; Hillgren, Bradley; Lawler, Ray; Weigand, Erik; Zak, Peter Cc: Biddle, Jennifer; Campagnolo, Daniel; Wisneski, Brenda; 'Ellis Marcos'; Taila Santana'; 'Lance Marcos'; alan Cabala n morcos.com Subject: Notice of Public Hearing - Project File PA2015-016 Dear Newport Beach Planning Commission, Please see the attached letter for tomorrow's meeting regarding Project File PA2015-016. We appreciate your time and consideration. Sincerely, Alan Marcos 122 and 122 '/: Marine Ave. Balboa Island, CA 92662 415.505.7779 t Planning Commission - December 3, 2015 Item No. 4f: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) Alan Morcos Ellis Morcos Laila (Morcos) Santana Lance Morcos Owners Of: 122 and 122 %: Marine Avenue Newport Beach, CA 92662 415.505.7779 VIA EMAIL December 2, 2015 Newport Beach Planning Commission Kory Cramer, Chair Tim Brown,Vice Chair Peter Koetting, Secretary Bradley Hillgren, Commissioner Ray Lawler, Commissioner Erik Weigand, Commissioner Peter Zak, Commissioner Ms. Brenda Wisneski, Deputy Community Development Director Re: Project File No. PA2015-016 Activity No: LIP2015-006, CA2015-010, GP2015-002, LC2015-001 Dear All: Thank you Brenda for the time you spent on the phone on Monday with Alan Morcos, one of the property owners noted above. We are the owners of 122 and 122 '/: Marine Ave,the parcel directly across the street from 123 Marine Avenue, and we are writing to express our concerns and opposition to the proposed amendment to change the land use designation for 123 Marine Avenue from residential to mixed use. I (Alan)am not able to be present at the meeting on December 3 as I reside in San Francisco, but my other family members will be there. 122 and 122% Marine Avenue has been owned by our family since 1969. Our father, Ellis Morcos, currently resides in 122 Marine. It is our understanding that the owners of 127 Marine Avenue (currently the Village Inn restaurant\bar) would like 123 Marine Avenue rezoned, primarily because an unpermitted structure is attached to 127 Marine Avenue and encroaches into the property boundaries of 123 Marine (see attached picture). We understand the owners of 123 Marine Ave (same owners as 127 Marine)tried unsuccessfully to sell 123 Marine, one of the reasons was an issue with the unpermitted structure that encroaches onto 123 Marine. Planning Commission - December 3, 2015 Item No. 4f: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) Since there is an unpermitted structure on the lot, why is the City not enforcing the removal of a structure that was not permitted? Shouldn't this be the first course of action vs. giving consideration to rezoning a residential property, located in a residential neighborhood,to mixed use, especially when the apparent known intent by the owners is to expand a restaurant\bar? It's our understanding that zoning is a concept that originated in the United States in the 1920s, and that one of the primary purposes of it was to allow townships, municipal governments,county governments, etc.,the right to zone to protect the safety, health and welfare of the public. We are not alone in our belief that the City would not be acting in the best interests of, and protecting the residents and property owners of the residential section of Marine Avenue, if the rezoning of 123 Marine to mixed use is permitted. My family members,as well as other property owners and residents of Balboa Island,will be attending the planning hearing on Thursday evening to express their concerns and opposition in person. However, we would like to express to you some of the concerns for not only our property, but the surrounding neighborhood, if the rezoning is permitted: a) The plan and zoning of Balboa Island was approved over 90 years ago by the voters;why is it now being challenged by one property owner? b) Rezoning 123 Marine Ave to mixed use would increase noise pollution and traffic to the surrounding properties and area. This would have an immediate impact on the quality of life and property values of the neighborhood. As noted above, our property sits directly across the street from 123 Marine Avenue. If 123 Marine Avenue were rezoned to mixed use, and if the restaurant\bar were to be expanded, our property would face a business and its customers as opposed to a residence and its individual owners. This would impact our property value as well as our neighbors'. Rezoning this parcel would set a precedent and what would prevent other neighboring properties to request zoning changes in the future? If you allow it for one, where does it stop? c) By adding outdoor dining in front of the restaurant at 127 Marine Avenue,the public right of way on the sidewalk will be impacted and the bicycle racks currently on the property would have to be relocated.Today, more and more people are riding bikes instead of driving cars. Outdoor dining will lead to increased noise and odors which will disturb neighboring properties. It's already loud on the weekends and sometimes during the week when the Village Inn's windows are open and they have a band or live entertainment, or when it's crowded. The noise traffic would increase even more. d) Expanding the outdoor section of the restaurant\bar to the 123 Marine property would impact safety, and would interrupt the use and enjoyment of the current residents' properties.Village Inn customers,who may be in search of a bar-type atmosphere, would become mixed-in with property owners who reside in direct proximity.There is a family with children who lives directly next door to the 123 Marine property. The Village Inn entrance is presently located on the Park Avenue section of the street; people coming and going to the Village Inn do so via Park Avenue, so there is limited impact to the Marine Avenue residents. However,on any given night you can Planning Commission - December 3, 2015 Item No. 4f: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) drive by the Park Avenue entrance to the Village Inn and see its patrons outside taking a smoking break, laughing,talking, etc.That section of the street doesn't have residents that are directly impacted. However, if there is expansion to the residential section of Marine,the safety and welfare of the existing property owners will be impacted by not only noise, but the smoking that will go on, by people drinking and loitering, etc.This would be a horrible and worrisome result. Please note that we are very "pro-business" and have always supported all of the local businesses on Marine Avenue. In fact, we have had many family dinners and events at the Village Inn. Some years ago a neighbor filed a suit to close the Village Inn and Ellis Morcos circulated a petition and received signatures from the entire neighborhood to keep the Village Inn open. Ellis Morcos has lived at 122 Marine for over 30-years, and he has held many positions over the years— all volunteer—with the Balboa Island Improvement Association, including being its President. He also continues to be a CERT volunteer for disaster preparedness.As such, he and we are heavily invested in maintaining the beauty and quality of life on Balboa Island. We believe the rezoning, if approved, would be terrible for the Marine Avenue residents, and for the reasons stated above, would not only impact property values, but the health, safety and welfare of the Marine Avenue residential residents and property owners. As such, we request that the City deny the rezoning request. If it is approved we,and several of the neighbors, will take all measures in court and otherwise to prevent 123 Marine Avenue from being designated as anything other than residential. Respectfully submitted, Alan Morcos Ellis Morcos Laila (Morcos) Santana Lance Morcos Weil Item Planning Cop iion 0 - - • - Iro No. onall Village Inn Outdoor Dining and Land Use 1 lw.� P WIN W LL IMLIL IL `• L y A= I d s Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4g:ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMENDMENTS (PA2015-016) _TeBCd d& Administrative Specialist Community Development Department 949-644-3232 From: Torres, Michael Sent: Wednesday, December 02, 2015 1:12 PM To: Wisneski, Brenda Cc: Biddle, Jennifer Subject: FW: Item #2 Against the Village Inn expansion From: Mike Sullivan rmaiIto:suIIivanohoto@road runner.com] Sent: Wednesday, December 02, 2015 10:30 AM To: Torres, Michael; Kramer, Kory; Brown, Tim; Koetting, Peter; Lawler, Ray; Weigand, Erik; Zak, Peter Subject: Item #2 Against the Village Inn expansion Homeowners and Residents of Marine Ave. Item 2: Squalor at the Village inn Property The homeowners and residents of the 100 block of Marine Avenue on Balboa Island are unanimous in our opposition to any further expansion of the Village Inn and any rezoning of the residential property at 123 Marine Ave to "mixed use." We have already sent you our concerns regarding the loud band music from the Village Inn and their refusal to respect their neighbors in this regard. Item 2 will be reported by Tom Sullivan and sent from this email because the photos are here. My name is Tom Sullivan. I lived at 121 Marine Avenue for twenty years before my brother Mike got married and I moved out. I visit there all the time to see Mike and Tina and their kids. I remember Mike and Tina's house as a peaceful quiet place with a home and yard next door and a great neighbor. The restaurant was also quiet, and we had a good relationship with the owners as we had with all five previous owners. But all that changed when these new owners took over. The first thing I noticed when I'd visit was the appalling mess in the yard next door. It was kept in squalor for almost three years before the city finally ordered them clean it up. After what they've done to that property and to their neighbors, it's hard to believe that they would now actually ask you to grant them mixed-use privileges. That would be the ultimate nightmare for the neighborhood. I was there three years ago when two workers spent the whole day digging up the beautiful lawn right outside the front door of Mike and Tina's house. Their front door is on the side. They said they 1 were going to brick it over for outdoor dining for the restaurant. It took them all day because instead of being able to just skim the top off the sod, they were digging and chopping the roots to the beautiful tree right there. They were unsupervised and so did not realize the damage they were doing to the tree, which over the years had become quite the icon on the street and the Island as a whole. The owner passed by and Mike told him that they might be killing the tree and that in any case, the yard was residential property and that the city would not allow outdoor dining there — and why all the way on the far side of their yard right right under his front door? Several other neighbors passed by and joined in and agreed. The project was abandoned. The dug up dirt and tree roots stayed just as they were for almost three years. My brother had to water down the dirt for months (pre-drought)just to keep the dust out of his house and hopefully heal the tree. The local cats discovered the fresh digs and the flies became a real problem. The remaining lawn on the other side of their yard was never watered or tended to in any way. The grass, and eventually weeds grew three feet high. Not one time in three years did the owners mow that lawn. The entire yard was deliberately neglected. Large palm leaves that fell were left where they lay, as were newspapers. The once pretty picket fence was allowed to fall apart. When a picket fell off, it was not replaced, ever. The local gardener who had taken care of that yard before these new owners was appalled when he saw it. He voluntarily had his guys mow the lawn and clean the mess just for the sake of the neighborhood. But it didn't last. It got worse. see photo They never swept the sidewalk like the previous owners did. In the mornings my brother and his wife had to pick up the beer bottles and other debris left after the midnight closing. Aside from the neglect, they used the yard — and mind you this is a front yard on picturesque Balboa Island — they used the yard as a dumping ground for broken restaurant equipment and even trash. For six months there was a discarded rusted out old water heater thrown on the ground right outside my brother's office window. (see photo) 2 man r _ _ ' N My view from office window -- six months Exact same trash for 3 weeks Kitchen workers take breaks and eat here in the front yard Illegal A-frame, also blocking handicap ramp 5 flies visible, stayed 7 days like this October 2015 Some neighbors wanted to call the city and report them, but Mike said, no, let's give them a chance. He didn't want to deprioritiize his main concern, which was the loud band music tormenting his family in the house every night. But it was a mistake not to report them. This neglect was not an oversight or an accident. This was a deliberate act— a statement. But at least I was able to convince him to take photos. When the owners stripped the place bare and illegally knocked down the wall that acted as a buffer between the band music and the residences, they also removed the carpet and the restaurant booths —four of them. They dumped these four full-sized red restaurant booths in the front yard of 3 the residence where they stayed for months. One of them was placed right up under Mike and Tina's front door. r dd r� 1 Y + The view as I step out my front door for months Exactly four months right under my window Same booth used as trash bin -- 4 months Broken fence illegal window sign 3 yrs Been this way for a year-- nice view of my house Another of these booths was used as a trash corral and had trash piled five feet high in it. (See photo) The liquid from some of this trash dripped down through the pile and spilled all over the walkway. This booth stayed in the same spot for four months. Roaches started to appear in the space between Mike's house and this yard. Remember—this is in the front yard of a house on Balboa Island. see photo 4 When the owners needed to access the residential yard from the restaurant to dump the booths, they removed a large section of the white picket fence that separated the two properties, and propped it up against the remaining fence. Someone left a black napkin from the restaurant on the broken fence. That napkin and the broken fence stayed there exactly like that for four months. When a six-foot red lounge cushion fell off the roof of the restaurant and landed on the walkway, it stayed there in a heap for a month. Someone finally picked it up and threw it into a planter in their yard where it stayed for another few months. A broken restaurant tabletop was propped up against the front fence right next to the mailbox and in full view of the neighbors and anyone who passed by for six months. Six months! No one bothered to even move it, even though the owners and employees passed right next to it hundreds of times. How would you like to live next door to something like that? This continued squalor was not an accident. It went on for two and a half years before the city finally ordered them clean it up. This mess was not a project in transition. This was not temporary construction debris. This was the status quo for all that time. The owners and employees went in and out of that yard hundreds of times, walking right over newspapers that were never picked up, right past trash piled five feet high, right past food left out all night by their employees who used the yard as their employee lounge. This was a deliberate act for which the motive is still a mystery. This address at 123 Marine Avenue became without a doubt the ugliest front yard on all of Balboa Island. Friends and family who came to visit my brother were appalled and angered. It was as though the owners were making some kind of statement. But as I said, the motive was unknown. And by this time there was no reason to ask because they only got lip service for an answer. This is the very address for which these owners want you to grant them mixed-use privileges. Then one week they cleaned it up — sort of, at least the stuff that could easily be moved. The reason —the Balboa Island parade was coming up, and they turned the yard into an illegal beer garden to capitalize on the crowd. They had a portable bar, signs out front that said you had to be over 21 to enter the yard, a cash register out on the sidewalk. It was come one, come all. No invitation needed They had signs pretending that it was a BIIA function, but it was not. Before noon the yard was completely full. Beer drinkers were sitting on my brother's brick wall, with their butts hanging into his patio. He and Tina had to cancel their annual patio get together with friends on parade day. They had to take down their plants to protect them. When the drinking got heavy, they were eventually driven from their house with the kids. I feel so bad for my brother and his family living next to these people. It's taking its toll on his family. Mike talked to owner Dan the next day and told him that they had been driven out of their own house and reminded him that 123 Marine was a residential property. Dan replied that he could have an event there anytime he wanted. In a subsequent phone conversation with code enforcement the incident was brought up. Dan Cozylion said that he would remind the owners that 123 was residential. To my knowledge there was no consequence. So the next year the Village Inn did the exact same thing, with the same result to my brother's family. Again Mike had a conversation with Dan and told him that the drinkers were too close to his family and too rowdy. Dan's reply was that there were drinkers all over the place that day, not just in his yard. This of course was completely false, since there was a very heavy police presence everywhere, and there was no drinking in public. Once again there was no consequence for the blatant code violation. 5 These owners seem to do whatever they want to the neighborhood, and nothing is ever done to stop them. There are signs up and down the block that read: No More Village Inn Expansion -- Enough is Enough! Maybe you fine gentlemen can finally be the ones to say to them — enough is enough, and make it stick. Thank you, Tom Sullivan 6 Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4h:ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: Wisneski, Brenda Sent: Wednesday, December 02, 2015 1:15 PM To: Biddle, Jennifer Subject: FW: Village Inn Balboa Island - CUP for outdoor dining. For distribution. From: Mike Glenn [mailto:michael.alenn(abdevion.com] Sent: Wednesday, December 02, 2015 12:36 PM To: Wisneski, Brenda; Brown, Tim; Kramer, Kory; Koetting, Peter; Hillgren, Bradley; Lawler, Ray; Weigand, Erik; Zak, Peter Cc: keithcurrylCalvahoo.com; Dixon, Diane; Petros, Tony; Duffield, Duffy; Muldoon, Kevin; Selich, Edward; Peotter, Scott; Claudia Roxburgh; ciohnson(a)desiontecinc.com; Scott Hoffman; Amy Dytmire; Bobbi Fierro; Dr. Donald W. Wise; eddie.home(alhotmail.com; Oliver B. Cagle; Patrick Young; rhadams(alarca-money.com; Stefan Markowitz; MJ KNITTER; Mac O'Donnell; Coler- CPH; Tim Hamilton Subject: Re: Village Inn Balboa Island - CUP for outdoor dining. I would also like to add my strong support behind this. Not only would it be a great fit for the community, but there have never been any concerns with the way Wilma's has their patio-- which is directly across the street (plus one shop) and is nearly identical in concept. I have also copied in the planning commissioners to make it easier for other locals to "Reply All" with their voice of support for either property rights as a whole, or for this specific project. Mike 949.229.0096 On Wed,Dec 2, 2015 at 11:29 AM, Tim Hamilton<thamiltonI(&,,cox.net>wrote: To the Mayor and City Council members, City of Newport Beach, CA Dear Lady Mayor and Council members, My name is Tim Hamilton and I live at 212 Sapphire Avenue on Balboa Island. 1 I understand the Village Inn is applying for a Condition Use Permit to have outdoor dining on Marine avenue on December 3`d. I would like to add my name and support to the application. I think it is a great idea. We are so short of outdoor or rooftop dining on the island. I am sure the locals and the tourists would love it. Please approve the application and soon as possible. I think that it is vital that we support local businesses in any way we can. Yours very truly Timothy E. Hamilton 212 Sapphire Avenue, Balboa Island, Newport Beach, CA. 92662 Email. thamiltonlAcox.net Mobile. (714) 743-7009 2 Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4i: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMENDMENTS (PA2015-016) From: Amy Dytmire rmailto:advtmireCalamail.coml Sent: Wednesday, December 02, 2015 2:04 PM To: Mike Glenn Cc: Wisneski, Brenda; Brown, Tim; Kramer, Kory; Koetting, Peter; Hillgren, Bradley; Lawler, Ray; Weigand, Erik; Zak, Peter; keithcurrvlCalvahoo.com; Dixon, Diane; Petros, Tony; Duffield, Duffy; Muldoon, Kevin; Selich, Edward; Peotter, Scott; Claudia Roxburgh; ciohnson(a)desiantecinc.com; Scott Hoffman; Bobbi Fierro; Dr. Donald W. Wise; eddie.homeCalhotmail.com; Oliver B. Cagle; Patrick Young; rhadamsCalarca-money.com; Stefan Markowitz; MJ KNITTER; Mac O'Donnell; Coler- CPH; Tim Hamilton Subject: Re: Village Inn Balboa Island - CUP for outdoor dining. This has my support Amy Dytmire 325 onyx balboa island ca Sent from my iPhone On Dec 2, 2015, at 12:35 PM, Mike Glenn<michael. lg enn(d),devion.com> wrote: I would also like to add my strong support behind this. Not only would it be a great fit for the community, but there have never been any concerns with the way Wilma's has their patio--which is directly across the street (plus one shop) and is nearly identical in concept. I have also copied in the planning commissioners to make it easier for other locals to "Reply All" with their voice of support for either property rights as a whole, or for this specific project. Mike 949.229.0096 On Wed,Dec 2, 2015 at 11:29 AM, Tim Hamilton<thamiltonl(a cox.net> wrote: To the Mayor and City Council members, City of Newport Beach, CA Dear Lady Mayor and Council members, My name is Tim Hamilton and I live at 212 Sapphire Avenue on Balboa Island. 1 I understand the Village Inn is applying for a Condition Use Permit to have outdoor dining on Marine avenue on December 3`d. I would like to add my name and support to the application. I think it is a great idea. We are so short of outdoor or rooftop dining on the island. I am sure the locals and the tourists would love it. Please approve the application and soon as possible. I think that it is vital that we support local businesses in any way we can. Yours very truly Timothy E. Hamilton 212 Sapphire Avenue, Balboa Island, Newport Beach, CA. 92662 Email. thamiltonl(a)cox.net Mobile. (714) 743-7009 2 Planning Commission - December 3, 2015 Item No. 4j: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) Subject: FW: Item 3 History Village Inn Code Violations Attachments: Village Inn Violations.doc From: Mike Sullivan [mai Ito:suIIivanphoto(a)road run ner.com] Sent: Wednesday, December 02, 2015 2:16 PM To: Torres, Michael; Kramer, Kory; Brown, Tim; Koetting, Peter; Lawler, Ray; Weigand, Erik; Zak, Peter Subject: Item 3 History Village Inn Code Violations Respectfully submitted to members of the Newport Beach Planning Commission from: Item #3 History of code violations Homeowners and Residents of 100 Block of Marine Ave. We are unanimously opposed to any further expansion of the Village Inn. Here is some history of their code violations i Planning Commission - December 3, 2015 Item No. 4j: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) My name is Mike Sullivan. I live at 121 Marine Avenue, which is two houses down from the Village Inn. I've been there for 37 years. The current owners of the Village Inn have broken so many rules — your rules, and done so much damage to their neighbors, that it seems almost absurd that they would be asking you to reward them with an additional expansion in our direction that would harm us even more. Granting mixed-use here would be giving a blank check to the wrong people. Fifteen years ago the previous owners of the restaurant built an illegal bootleg structure across the setback and into the residential property next door, which they also own. This was no small violation. They obliterated the setbacks on both properties and joined the commercial building with the residential building. They then built an additional structure that encroached into a good-sized portion of the front yard of the residence. The residential garage has now also been completely taken over by the current owners as a working part of the restaurant. The city's website indicates that the city knew about this construction, but that it did not go any further than the building inspector. No variance was asked for or granted. The planning commission was not informed or involved. There is no indication that the city council was made aware of this violation. No neighborhood input was asked for or given, but the building inspector signed off on it. Okay, so the city dropped the ball on that one. But that doesn't mean that it can be fixed by doubling down with additional expansion and mixed-use, with even more negative impact on the neighborhood. Two wrongs won't make this right. The city also turned its back on the other illegal uses of the property for commercial purposes such as selling beer and liquor in their front yard with no consequence whatsoever, or even an order to stop after the first offense. The city dropped the ball in allowing the piano bar to be replaced by four piece bands and amplified music without planning commission or city council approval, or any neighborhood input. A previous planning commission handed that one off to the revenue department, which gave the okay. And now with these owners we are paying a heavy price for that. Three years ago the city dropped the ball when signing off on the illegal knocking down of the sound barrier and building a bigger stage closer to our houses, resulting in three years of misery for my family. That also never went up the chain past the building inspector. Code enforcement knew about it but took no action. Only this year, thanks to the freedom of information act did we discover that this was more than just a building code violation. Code enforcement finally took action back in March, which leads us to tonight. And now nine months later nothing has changed, we still have band music in our house, and they're asking for more. These are the wrong owners to grant outdoor dining privileges. The owners of the Village Inn have brought this upon themselves. If they had just behaved themselves we would not be here talking about what to do with their Planning Commission - December 3, 2015 Item No. 4j: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) illegal buildings. We just wanted peace and quiet in our homes, but it's lead to this. As I see it the city is in a tough spot. We've heard that it was the city's suggestion to apply for mixed use, which would forgive past mistakes and make the bootleg buildings Kosher. But we are pleading with you to do the right thing for us regular folks. Two wrongs can't make this right. Mixed use is a blank check that would and make my family's life miserable, and probably cut my property value in half. We would live in constant apprehension about what would happen next with a blank check to do whatever. My family and I are open to any discussion about a solution to the bootleg problem without the blank check of mixed-use. There must be another way other than a blank check. We are not unreasonable, but enough is enough. 2 Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4k: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: Dr. Suzanne Savary [mailto:drsue@aol.com] Sent: Wednesday, December 02, 2015 5:46 PM To: Kramer, Kory; Brown, Tim; Koetting, Peter; Lawler, Ray; Weigand, Erik; Zak, Peter; Biddle, Jennifer Cc: Wisneski, Brenda; sullivanphoto@roadrunner.com; pjbergman4@gmail.com; drsue@aol.com Subject: Village Inn Expansion Concerns Dear City of Newport Beach Planning Commission: We citizens of the 100 block of Marine Avenue on Balboa Island have formed a committee of residents to address our concerns about past, current and future issues related to the operations and expansion plans of the Village Inn. After much discussion, we have compiled a comprehensive list of concerns to be addressed. You will be hearing from other neighbors as well.Among those concerns are: 1. Unacceptable noise levels. Children cannot concentrate on their homework. III residents cannot sleep due to the seemingly endless pounding of electrified drums and guitars. Loud air conditioners left on most of the night have spoiled our right to enjoy quiet night sounds. 2. VI patrons at closing hour are heard yelling and speaking loudly in the streets upon exiting the building. Inn doors and windows, when opened, cause it to be difficult to hear the televisions in our own living rooms. 3. Loud music is booked, designed to attract a young, off-island crowd of patrons rather than a quiet local crowd as one would expect in a local neighborhood pub. Locals do not feel catered to or heard. Island residents learn to be sensitive to the needs of other residents for peace and quiet. Despite numerous entreaties, this business owner simply ignores local culture and the simple courtesies required for large groups of people to live so closely together in peace. 4. Due to the influx of off island patrons, parking is made far more difficult for local residents. 5. Increasing volume, noise and the downgrading of zoning will impact our housing values negatively, rather than closeness to the facility being seen as an asset. 6. In complete contravention of city planning commission direction, noise levels have dramatically increased with the dismantling of a separator wall and removal of all soft fabrics, including carpet, which might have a noise deadening effect. Recent city rulings to replace the wall have been completely ignored by the owner. 7. In complete contravention of city rulings, the owner plans to move the stage so that speakers would be aimed toward the residents which will create far greater noise problems. The owner requests outdoor dining hours from 7 am to as late as 9 pm. In a neighborhood where highly valued homes are within feet of each other. Only maximum sensitivity allows good relationships. Hearing loud talking, clinking silverware, constant interface between diners and waitstaff will invade our right to peace in our own homes. 8. The owner has requested a zoning change which we oppose as a united block. Every neighbor has signed a petition and has a sign on their homes expressing opposition to VI expansion in the form of a zoning change from residential to mixed use and outdoor dining. a.An addition to the kitchen was built into the residential property without zoning approvals or notice to neighbors. b. Kitchen workers use this yard as a smoking area, playing music and talking loudly deeply disturbing the next door family. c. The fencing on the property has been allowed to deteriorate damaging property values. Trash and other eyesores 1 have been left visible in retaliation for this neighbor's request for peace in his own home. 9. VI patrons bicycles are left in bike racks and laying on the sidewalk causing inappropriate dangers to pedestrians and an eyesore in a high property value neighborhood. Fewer racks would make this much worse and pose a danger to pedestrians on city property. The city would have full liability for any problems since all of the outdoor dining would occur on public property. 10. Young people sit in cars with engines running for long periods of time while calling others on phones. The fumes make it impossible for the neighbors to continue to enjoy their patios in peace. This opening of large bi-fold doors onto the residential street would create a Pandora's Box of future problems, rather than reinforce a model that works if all party's respect it. 11. This petition for a zoning change and outdoor seating would be unacceptable to the homeowners regardless, but the lack of any attempt on the part of this business owner to be a good neighbor ensures nothing but problems will ensue. A. Loud voices intrude on our peace whenever windows are opened. This will be far worse when patrons are seated on the public sidewalks or cheering for a sports team. B. . Water bugs and roaches have appeared for the first time most residents have ever seen on this block due to the kitchen expansion and poor maintenance. C. Prior NB Planning Commissions have refused to allow large outdoor dining for Hersey's Market which is in a full commercial zone. In conclusion,we the neighbors of the 100 block of Marine Avenue on Balboa Island request that the City leave the current zoning in place, turn down the requested expansion of the Village Inn, enforce the statutes and directions already given to the owner to rebuild the separator wall and add noise deadening coverings, reinforce all directions given in the past to ensure cooperation and require the owner to take action to protect neighbor's rights to live peacefully in our own homes. If the owner does not comply, we respectfully request that, as happened in the past, the Village Inn's business license be withdrawn until compliance occurs.. As Newport Beach citizens,we request the city's protection for us against being terrorized by an owner who shows no respect for the city or his neighbors. Dr Suzanne Joyce Savary Sent from my iPhone z Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.41: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: JHT Marketing<john(&jhtmarketing.com> Date: December 2, 2015 at 7:26:54 PM PST To: <bwisneski(),newportbeachca.gov> Cc: <danvibdtAgmail.com> Subject: Village Inn Vote Ms. Wisneski, Please be aware of my full support to allow the Village Inn to expand and exercise their right to succeed, expand tourism and generate revenue for both our great city and their enterprise. As a long time resident of Balboa Island and a registered voter, I can say the VI has been a superior business and resident during Dab's tenure. Please do the right thing and apply all possible means allowed by the City and help move this initiative forward. Sincerely, John H Thompson 116 Abalone Avenue Balboa Island (818) 223-1079 Sent from my iPhone. Typos likely. i Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4m:ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: Landon Thompson<landonthomp(c�,gmail.com> Date: December 2, 2015 at 7:31:13 PM PST To: <bwisneski(a,newportbeachca.gov> Subject: Village Inn Expansion Dear Ms. Wisneski, I am writing to express my support for the Village Inn expansion. I have spent every summer on Balboa Island since I was born, staying at my grandparent's house on Collins Ave. I grew up participating and sailing in Summer sessions of the Balboa Island Yacht Club. I became so in love with the island and its history and tradition that I today am residing full-time on the little island and a registered voter here. Balboa Island is known to the locals of Newport Beach as having an extremely strong sense of community as well as appealing as a top tourist destination. The Village Inn's expansion will only continue to drive the island's great sense or community, and strengthen the islands connection with the tourist community. To me personally, Balboa Island is a place I call home - and with the limited dining options on the Island, the Village Inn has become a great place to eat and meet with friends or family. The proposed expansion will only improve Balboa Island's status as a top destination within the community. Although I cannot make the planning commission hearing - I wanted to reach out to you to make sure that my voice as a resident was heard. Thank you for your time and your dedication to make sure our community continues to grow. Best, Landon Thompson Balboa Island Resident i Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4n:ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: Brett's Gmail<brett.matthew.tumer(a�gmail.com> Date: December 2, 2015 at 7:35:27 PM PST To: <bwisneski(a,newportbeachca.gov> Subject: Village Inn PA 2015-016 Ms. Wisneski, As a resident of Balboa Island for 8 years,my wife and I wanted to share with you our excitement and enthusiasm for the remodel of the Village Inn. The proposed plan will significantly enhance our lovely island and increase the profile of the clientele. The owner Dan Miller has demonstrated a tremendous connection to the community, with a track record of raising the profile of the our historic landmark, the Village Inn. I plan to be at the commission hearing tomorrow to show my support and would be delighted to meet you in person. Talk to you soon, Brett Turner 306 Marine Ave Balboa Island, CA 92662 i Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4o:ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: Morgan Wisbey<morgan.wisbey@live.com> Date: December 2, 2015 at 8:07:25 PM PST To: <bwisneski@newportbeachca.gov> Subject: Reference Village Inn PA 2015-016 1 have lived in Newport Beach since 2007 and from my observations during this time, the Village Inn has improved exponentially since the Millers purchased the establishment.They have made significant upgrades to both the quality of food and to the interior which speaks volumes of their commitment in changing this location into a quality dining destination on Balboa Island. During my visits at various hours during the day, I have found that the clientele are not raucous in nature.To me, opening the restaurant up would not impact neighbors any differently than the existing outdoor dining offered at Wilma's Patio across the street.To me, an open-air Village Inn would further enhance the island with a dining establishment that connects with Marine Avenue instead of shutting it out behind glass and doors. Walkers and visitors alike who are out to enjoy the weather would be more likely to stop and stay longer on the island to dine and shop. Outdoor dining would create an even stronger anchor establishment on the island which would bring more business to the other shops on the street that have struggled in the past few years.The Millers are responsible and hands-on owners who will personally make sure that this is managed properly and that is does not become a nuisance to their neighbors during the hours they plan to operate the patio. I sincerely hope that this enhancement is strongly considered and approved to show the Millers that Newport Beach is appreciative and willing to work with business owners who are committed to raising the bar of dining establishments in the area.Thank you for your time. Respectfully, Morgan R. Wisbey Newport Harbor Resident 1 Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4p:ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: Beaconservice<Beaconservice(aaol.com> Date: December 2, 2015 at 9:01:33 PM PST To: <bwisneski(a newportbeachca.gov> Subject: Support Village Inn Ref. Village Inn PA 2015-016 We are residents on Opal Ave on Balboa Island. We would like to extend our support of the modifications. As much as we love the historic feel of the Island it would be good to see us offer some other venues and would help us compete with some of the restaurants on the Peninsula. Please pass this! Sent from my Verizon Wireless 4G LTE smanphone 1 Planning Commission - December 3, 2015 Item No. 4q: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) Subject: FW: Another neighbor's submission Attachments: Don Martin's to send.doc From: Mike Sullivan [mai Ito:suIIivanphotoCalroad run ner.com] Sent: Wednesday, December 02, 2015 5:52 PM To: Torres, Michael; Kramer, Kory; Brown, Tim; Koetting, Peter; Lawler, Ray; Weigand, Erik; Zak, Peter Cc: PETER J BERGMAN; Suzanne Savary Subject: Another neighbor's submission Another neighbor weighs in and will be at the hearing. Using my email again because the photos are here. Respectfully submitted to members of the Newport Beach Planning Commission PDF Don Martin will speak about the bike rack Homeowners and Residents of 100 Block of Marine Ave. 9 v; I t Planning Commission - December 3, 2015 Item No. 4q: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) My name is Don Martin. I live three doors down from the Village Inn, or make that two doors down if you let them expand. We are told that the city owned bike rack will be removed to make room for this outdoor dining. Most people don't know that the city owns the bike rack and the sidewalk under it. That bike rack does not belong to the Village Inn, but that didn't stop them from putting up signs that read —for customers only. That's the people's bike rack, and we the people don't want you to take it away from us. That bike rack is almost 50 feet long and holds a lot of bikes. There is no other place for it, so the result will be chaos. On the weekends or any day in summer, that rack is full and overflowing. Where will the stranded bike riders park? The Sullivans were told by the planning staff that that will be determined later. That's no answer. There is no other spot because planning staff looked and couldn't find one. So they put in their report that this question will be studied and determined at a later date. That's not good enough. This item should not even come to a hearing without that question being answered. But I can tell you where those bikes will be parked — in front of our houses and chained to our fences. It will be chaos. The sidewalks will be blocked. And having learned our lesson about not calling the police, this time we will. The police could be overwhelmed with blocked sidewalk complaints when they have more important tasks to do. Can you imagine how long it would take the ADA to pounce on that? They can be very aggressive. I can see the headline now. City of Newport Beach takes away public bike rack. Chaos ensues. Neighbors are outraged. Wheelchair path from the village to the beach is blocked with bikes. ADA pounces and sues the city. (The attached photo is in front of my house) I would say that the city has done quite enough in allowing the Village inn to damage the quality of life in our immediate neighborhood. It would be very unfair to add to that by allowing even more expansion in our direction. Thank you. Planning Commission - December 3, 2015 Item No. 4r: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) Subject: FW: Village Inn expansion Attachments: Ultimate nightmare.doc -----Original Message----- From: Mike Sullivan [mai lto:suIIivanphoto@road runner.com] Sent: Thursday, December 03, 2015 9:16 AM To:Torres, Michael; Kramer, Kory; Brown,Tim; Koetting, Peter; Lawler, Ray; Weigand, Erik; Zak, Peter Subject: Village Inn expansion This is the worst scenario possible 1 Planning Commission - December 3, 2015 Item No. 4r: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) Dear Commissioners, So with all that as background, and knowing how these people treat the neighborhood, can you imagine the unfairness of what might happen next? Here's the nightmare. Out of the blue someone from the city, the city that has allowed all this to happen to you so far, informs you that — oh, by the way, from now on, the very establishment that has treated you so badly will have outdoor dining 30 feet from you. You will see and hear customers as you sit in your living room or front patio. You will be looking directly at the food being served. You will be in direct earshot of lunch and dinner conversation, along with the clatter of silverware on china, tables being cleared, and all the noises that are expected to be heard in a restaurant — but not in your home. In addition to that, there will be open floor to ceiling accordion doors that will ensure that the sports bar noises in the echo chamber like interior will now be heard in your home and down the street. Furthermore, right next to you, three feet from your front door, because there is no setback in mixed-use, the property that has been kept in such squalor for the last few years will now be part of the restaurant too, and can be used by the restaurant to conduct business. The plan also suggests that the bike racks might be placed at 123 right next to us. That sounds like a sweetheart deal. The city gives the people's bike rack to their business, and later, when the furor dies down, with mixed-use privilege, the business grants access back to the city to move the bike racks right next to us. That brings the drunks right next to our home, literally within inches of us at midnight closing or weekend afternoon drunks leaving in bike caravans as is common. Our ten-year old daughter could be sitting on our patio and actually bump elbows with a customer who just exited what on weekend afternoons is essentially a saloon. That explains why the plan was brought to the commission with the bike rack question unanswered — "to be studied at a later date," as we were told by staff. This is the ultimate nightmare. Please Gentlemen, don't let that nightmare come true. Planning Commission - December 3, 2015 Item No. 4s: Additional Materials Received Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) 12/2/2015 David Seeber 122 Onyx Balboa Island, CA 92662 Planning Commission 100 Civic Center Drive Newport Beach, CA Planning Commission- My property is 20 feet away from the village Inn. In the 4 years since the new ownership has taken over,we have seen a dramatic improvement in the noise and related issues that this restaurant/bar had maintained. We support the direction the Village Inn is taking and believe the Miller's to be excellent operators of this establishment. My wife Karen and I now dine at the Village Inn on a semi-regular basis and appreciate the efforts to improve the food, service and ambience that the restaurant now maintains. With Regards, David Seeber Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4t:ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: Dan Miller [mailto:danielandjessicamillerCalomail.comj Sent: Thursday, December 03, 2015 10:26 AM To: Wisneski, Brenda Cc: danvibdt(algmail.com Subject: Fwd: Village Inn PA 2015-16 Brenda- Please see the attached email from another immediate neighbor. Please let me know if this needs to be in letter format to include on the link. Thank you, Dan Sent from my IPAD Begin forwarded message: From: Todd Keller<tmk33gme.com> Date: December 2, 2015, 1:50:07 PM PST To: Daniel & Jessica Miller<danielandiessicamiller(r�Qmail.com> Subject: Village Inn Dan, I wanted to let you know how sorry I am that I was not able to be there in person to support you. As you know we have owned 1305 Park Avenue for almost 3-1/2 years. We personally stay there about 4 to 5 weeks a year and the rest of the time is filled up with vacation renters from all over the world. In the 3+years we have owned the home directly next door to the Village Inn and we have never had any issues or problems with the restaurant. Shannon, myself and our renters have had a very positive impression of the restaurant and have eaten there often over the years with very favorable reviews. Even though they have live music the noise has never been an issue and in fact we have never even heard the music. You can even walk by the restaurant while the doors are closed and you can not hear the live music. (Which is still unbelievable to me) I know Dan has gone to great lengths to make sure the noise level is not an issue to the neighboring homes. (None of which are closer then ours) He has done an outstanding job controlling the noise level and I feel as though he is very thorough in making sure any changes he makes do not negatively impact the neighborhood. i Dan is an upstanding and outstanding businessman and I truly believe he has the best interest of the community in mind in every change he makes to the restaurant. We are very thankful that Dan owns the Village Inn as he has greatly improved the restaurant and its reputation. Thank you! Todd 213-500-0505 2 Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4u:ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: lee short [mailto:leestick36(s:bgmail.com] Sent: Thursday, December 03, 2015 11:24 AM To: Wisneski, Brenda Subject: village inn My name is Lee Short. I live at 1161/2 Marine ave I was in the restaurant, bar,night club business for a long time. In my opinion the residential yard at 123 and the sidewalk at 127 Marine ave, will create loud noise, cursing, music from inside and outside, maybe even fights, where drinking alcohol is in involved within a group of people outside in a yard. In my opinion, this happened to me to in one of my bars and beer garden business. Some people will bring small bottles of alcohol in their pockets or purses to drink in the yard and on the sidewalk across the street from the fire station. Even the Village Inn employees can not control all the people all time at 123 and 127 Marine ave. In my opinion the owner would want and has had a portable alcohol bar outside in the yard before. The Village Inn, has large private parties. The yard and the sidewalk at 123 and 127 Marine ave would be a party yard, day and night. We have to think about the fire department people across the street from the Village Inn. The firemen sleep when they can, day or night. As in any residential neighborhood, we want to enjoy piece and quite. Please vote NO Thank you! 1 Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4v: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: Dr. Suzanne Savary [mailto:drsue@aol.com] Sent: Thursday, December 03, 2015 2:21 PM To: drsue@aol.com; Zak, Peter; Weigand, Erik; Lawler, Ray; Koetting, Peter; pjbergman4@gmail.com; sullivanphoto@roadrunner.com; Wisneski, Brenda; Biddle, Jennifer; Kramer, Kory; Brown, Tim Subject: Say NO to zoning and outdoor dining Dear Members of the Newport Beach Planning Commission: You are receiving this message to ask you to: 1.Reject Resolution No . recommending City Council approve Conditional Use Permit No. UP2015-006 to establish an outdoor dining area associated with Tthe Village Inn located at 127 Marine Avenue (Attachment No. PC 1); and 2) Reject Resolution No. _recommending City Council approve General Plan Amendment No. GP2015-002, Coastal Land Use Plan Amendment No. LC2015-001 and Zoning Code Amendment No. CA2015-010 for the property located at 123 Marine Ave .One hundred percent of the residents of the 100 Block of Marine Avenue on Balboa Island have signed a petition, have posted a sign on their homes and many are speaking here tonight requesting that you take action to reject the attempt to establish an outdoor dining area footsteps from our homes and create a zoning change from RT -residential to MU-W2 mixed use for the property at 123 Marine Avenue. When I spoke to Brenda Wisneski, who prepared the staff report, she assured me that the three conditions that must be taken into consideration by the Planning Commission before making a decision were: 1. Impact on the neighborhood: a. Every single resident of the 100 block has signed a petition against the re-zoning and encroachment of city property for outdoor dining b Bicycle racks add to the local ambiance - this will be lost when the racks are moved. c. We will hear restaurant noise from 7 am to 9 pm, smells which are often unpleasant, roaches and water bugs have been seen coming from the kitchen area, shouts, loud talking, silverware clanking, loud music, cigarette smoke, which will be exacerbated with floor to ceiling doors open. Creating a smoking area off of the bar by inebriated patrons is the most likely use of this area. d. Property values of all residents will be reduced by the doubling from one to two commercial units on this residential block e. NO attempt was made to contact or speak with 100 block residents in formulating this report or application, without which no determination of impact can be made and, yet, a bias for approval is clearly included in the report. 2. Operator does not need this approval to continue his business. a. Operator has not acted in the fashion of a good business person having offended all local stakeholders and appears to be engaged in a land grab with this attempt to double his commercial property through the zoning change request.lf, through poor food and poor 1 service he is not meeting his restaurant goals, this doubling of commercial property can gain him a higher price when he eventually sells at the expense of everyone else in the neighborhood. b. The kitchen area could have expanded into the pool room, causing no negative impact on his business.Instead, the operator chose to ignore 1. city zoning regulations and 2. city setback requirements and 3. building safety codes. c. Increasing his kitchen area into available first floor spaces would have been the legal, responsible behavior. d. If he wants to increase the amount of food he sells, he should increase the quality and taste..Islanders dislike the food. e. He has a license for a restaurant, not a bar or saloon. This is another infraction of the 50/50 food/alcohol permit requirement. f. Past performance of flouting regulations and codes are the best predictor of future behavior of doing the same. 3. The business owner is not a good operator or corporate business partner. a. In addition to the above decisions to ignore or completely flout appropriate zoning, setback and building safety codes, the operator has not successfully attracted local patrons and instead has attracted, with loud music, off-island young people who need parking that is not available. b. Inebriated patrons running car engines, yelling at each other, completely ignoring the fact that they are in a residential neighborhood leave the VI.. Thus far, neighbors have made every conceivable attempt to work with an operator who has repeatedly ignored the entreaties of parents to allow their children to do their homework in peace, or to allow revered neighbors, Betty and Bill, founders of the UCLA Special Olympics Movement to have peace and quiet in their last days of suffering. Our right to have peace and quiet in our homes completely trumps the quest of an operator who has refused to make overtures to a community who reveres community. The BI parade organizers have walked away from this operator, who then had a beer garden open to the for-profit community c. Neighbors do not have a goal of closing the Village Inn. Throughout decades, a solution has been worked out to have the community live side by side with this institution. Acceptance of either of these applications creates a Pandora's Box of problems for the neighborhood and the city. This operator's apparent disregard of the local community and its needs calls for a rejection of both applications. *************** Page 7 Use Permit Findings Pursuant to Section 20.52.020 of the Municipal Code,the Planning Commission may approve an application for a use permit if the following findings are made: 1. The use is consistent with the General Plan and any applicable specific plan; NO 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; NO 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; NO 4. 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. NO 2 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor 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. NO Using the information provided by local residents, we respectfully request that the Newport Beach City Planning Commission reject the: The Village Inn Outdoor Dining and Land Use Amendments (PA2015-016) 123 and 127 Marine Avenue f Conditional Use Permit No. UP2015-006 f Zone Code Amendment No. CA2015-010 f General Plan Amendment No. GP2015-002 f Coastal Land Use Amendment No. LC2015-001. Dr. Suzanne Savary 118 Marine Avenue drsueCQ7aol.com 3 Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4w:ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: ds [mailto:sharontetrault(a)aol.com] Sent: Thursday, December 03, 2015 3:00 PM To: Wisneski, Brenda Subject: Village Inn Expansion Dear Brenda - My name is Sharon Tetrault and I own the house at 114 Marine Ave. on Balboa Island. I may not be able to attend tonight's planning commission meeting, as I am taking my husband to the airport at the same time the meeting is scheduled. I am requesting that my comments be entered into the public record concerning the matter before the commission this evening, namely The Village Inn, Project File No: PA2015-016; Activity No: UP2015-006, CA2015-010, GP2015-002, LC2015-001: I am vehemently opposed to The Village Inn being allowed to have outdoor dining on Marine Avenue and to the city amending the zoning for 123 Marine Avenue to a mixed-use designation. I think most people who are familiar with the Village Inn would agree that the establishment, although billed as a restaurant and bar, is for the most part, just a bar. It's business comes alive at night and continues long past the time when other area restaurants have closed. Its clientele goes there primarily for alcohol, not food. I used to enjoy going to The Village Inn on occasion, however, that ended when the current owners removed the booth seating and replaced the carpet with laminate flooring, thereby creating an interior space that is an acoustic nightmare. Without carpet and booths, there is nothing to absorb the music. The last time I was there, I literally could not hear the person across from me at the same table once the music started. This ongoing noise adversely affects everybody living on Marine Avenue. Even though my house at 114 Marine Ave. is half-way down the block, music from The Village Inn can still be heard on my front patio and inside the house. The front yard area at 123 Marine Ave. provides a small buffer to the noise from the bar. Ours is a residential block but for the firehouse and The Village Inn on the corners; we do not need The Village Inn encroaching even further into our residential neighborhood for the sake of it making money. The Sullivan family, who lives at 121 Marine Ave., have it the worse of any of the residents on Marine Avenue. The music and noise from the bar can be heard INSIDE their house, even with all their windows closed. The city needs to be doing something to ameliorate the current level of unacceptable noise from The Village Inn, rather than considering a request that will unequivocally increase the noise. If the city were to grant the mixed-use request, we will soon have an open-air bar within yards of our homes. We will have to face daily the noise and other attendant problems that come with the operation of a bar, such as inebriated patrons walking down Marine Avenue at midnight, people standing in front of our patios smoking, litter, late-night conversations outside our bedroom windows, etc. 1 I ask that you not allow any expansion of a business that is already the source of problems for the residents of Balboa Island, and, particularly, those who reside on Marine Avenue. Thank you. Sincerely, Sharon Tetrault 114 Marine Ave. Newport Beach, CA 92625 949-230-9313 2 Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4x: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) From: Wisneski, Brenda Sent: Monday, December 07, 2015 7:16 AM To: 'Jeannine Arrington' Cc: Biddle, Jennifer Subject: RE: Support for Village Inn outdoor seating Thank you for your comment. It will be added to the public record. From: Jeannine Arrington [mailto:weprotectoeoole(algmail.com] Sent: Thursday, December 03, 2015 6:35 PM To: Wisneski, Brenda Subject: Re: Support for Village Inn outdoor seating On Dec 3, 2015 6:32 PM, "Jeannine Arrington" <weprotectpeople(a,gmail.com>wrote: > Dear Newport Beach Council, > I am a resident of Balboa Island and have been for seven years. > I am in full support of outside seating and proposed new improvements for the Village Inn. > Village Inn PA 2015-016 > Kind regards, >Jeannine Arrington > Legal Shield Independent Associate >www.protectyou.today > 714-293-7202 > Friends and supporters of the Village Inn. Tomorrow we go to the Planning Commission of Newport Beach seeking approval to elevate our environment by adding an outdoor dining element. The wall on Marine Avenue that faces the fire station would be replaced with double pane, retractable windows and a four foot patio would be built to push tables outside during non-live entertainment hours. We believe that this modification will enhance the overall visibility and representation of the Village Inn while also offering the community the the indoor/outdoor feel that represents Balboa Island and Newport Beach. Additionally, due to a building related issue dating back over 30 years, we have worked with the NB Community Development department and have also applied to rezone our adjacent property at 123 Marine to a mixed-use in order to maintain our building as is. We have some opposition to our project and seek your support. Entails in support can be sent to bwisneski(&newportbeachca.gov (Reference Village Inn PA 2015-016) 1 Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4y: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) _TeBCd d& Administrative Specialist Community Development Department 949-644-3232 From: Wisneski, Brenda Sent: Monday, December 07, 2015 7:17 AM To: 'Robert Mackey' Cc: Biddle, Jennifer Subject: RE: Village Inn permit application Thank you for your comment. It will be added to the public record. From: Robert Mackey [mailto:mackbob97(a)aol.com] Sent: Thursday, December 03, 2015 6:49 PM To: Wisneski, Brenda Subject: Village Inn permit application Brenda, I wanted to provide my support for the Village Inn's request for a conditional use permit for patio/outdoor dining at their facility on Balboa Island. The Planning Commission meets on the matter this evening. I am both a frequent resident on the Island as well as a visitor when I am not in-residence. The Island is a unique asset to Newport Beach and The Village Inn is certainly central to the charm the Island projects to its many visitors. It is one of the reason I spend so much time in your fair city. So, please consider the use request to be something many of the residents want and support. I am free to discuss the matter should you wish to do so. You may consider this e-mail my full support of the matter-at-hand. Robert Mackey 847.612.2690 i Subject: ADDITIONAL MATERIALS RECEIVED - PC MEETING - DECEMBER 3, 2015 PLANNING COMMISSION—DECEMBER 3, 2015 ITEM NO.4z: ADDITIONAL MATERIALS RECEIVED THE VILLAGE INN OUTDOOR DINING AND LAND USE AMEN DMENTS(PA2015-016) _TeBCd d& Administrative Specialist Community Development Department 949-644-3232 From: Wisneski, Brenda Sent: Monday, December 07, 2015 7:17 AM To: 'Vincent Le Pore' Cc: Biddle, Jennifer Subject: RE: NO on 123 Marine !! Thank you for your comment. It will be added to the public record. From: Vincent Le Pore lmailto:v.leooreCalicloud.com] Sent: Thursday, December 03, 2015 5:37 PM To: Wisneski, Brenda Subject: NO on 123 Marine !! Dear Brenda - My name is Vincent Le Pore and my wife and I own the house at 114 Marine Ave. on Balboa Island. I not be able to attend tonight's planning commission meeting, as I am flying out of state this evening. I am requesting that my comments be entered into the public record concerning the matter before the commission this evening, namely The Village Inn,Project File No: PA2015-016; Activity No: UP2015-006, CA2015-010, GP2015-002, LC2015-001: My wife and I are vehemently opposed to The Village Inn being allowed to have outdoor dining on Marine Avenue and to the city amending the zoning for 123 Marine Avenue to a mixed-use designation. Please don't allow the great atmosphere of our island be ruined with this encroachment into to residential area. -- Vince Le Pore i Planning Commission - December 3, 2015 Item No. 4aa: Additional Materials Presented at Meeting The Village Inn Outdoor dining and Land Use Amendments (PA2015-016) 12/3/2015 Dan Miller 127 Marine Avenue Balboa Island,CA 92662 Planning Commission 100 Civic Center Drive Newport Beach, CA Planning Commission- Attached within are over 100 signatures with resident support of our desire to create a patio along Marine Ave. Of these signatures over 90%have come from Balboa Island residents. I have also included an email and letter drafted by two of our closest neighbors in support of our operational excellence and the project in which we are applying. I believe they are on public record as well. Thank you for your consideration. Regards, 0-4 , 1 G Dan Miller -.• / • • • 1111 • • I ' • ' � w w 1 • 1 • • 1 i . � •'. '''' ' 1 R ' S cJ'!i i ' �L ilk r� '� 1 �� lie►:�11` ■ 5 MR PON WIN 11"I NO NEW WINS MUM .W- ■ IEL i " • " 1 " • 1 17'°I IL " I : Y ! �•�l; 11 s I i IG,i i~ Y••{7, j •"• • • r • • • • i . • i ' f'' Ii !1 i' jlly i� '{ i ' iv,�i 9Igii 1 • nG„ ♦ 4. S 1^ / •' � � • ROME r 5400M FATM 170 IN POMMY 0", 1 WOMEM" M twill 100 MEMO OF"Al,I W" , ■�%t%►��'11lu�111�15. / C U d , it 1 - : _ _ WIR MAP Planning Commission -December 3, 2015 The Village Inn under the ownershiplpfRN6e at.Meeting quality of dining on FAbWiA*94nnTbOMtdIiq f_%*qI@41AWrfi4Rt9Ir�&15-016) agree that continuing the restaurant's improvements y creating an indoor/outdoor eel would be a benefit to the resident dining environment. Name Address Phone # Signature Z'(2-Ax C kj;t iT .' , 26a3 T6e&kXT &9 A ,tObrZO I 1-87D--076 213-22. h i , !? Von "`� '�'ai..A�6�„ `�•ZjA1� 7r '�. �,{p `�+a',1��C��"p,�v�\� . V\,r. �vC7�+. ILS lo,.e. �� ,gni �i �� 3 16' ,✓�--. i 714 (_011576 ., wmv' f ,.-. E -na fir• i iI x`74 IS W 0A, f 4,1 W 4 :- ,G V%�f�� or,"1091WOMW'du IIS. _ �'. . ,� [Lv■r,t(o7PA,Fj . liC� 1p . V all :u lam' �<G'a:'/t1_fa W 1'�,� !' ��. laywrLwalmILLIAMILMI 9/ i r r tguy rA a � l ®R 'u % "► a �� 0 �r X17 Planning Commission - December 3, 2015 Item No. 4aa: Additional Materials Presented at Meeting The Village Inn Outdoor dining and Land Use Amendments (PA2015-016) 10 c'SGl ��ernc� Q(o y20 �� 71. �S 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Planning Commission - December 3, 2015 Item No. 4aa: Additional Materials Presented at Meeting The Village Inn Outdoor dining and Land Use Amendments (PA2015-016) 12/2/2015 David Seeber 122 Onyx Balboa Island, CA 92662 Planning Commission 100 Civic Center Drive Newport Beach, CA Planning Commission- My property is 20 feet away from the Village Inn. In the 4 years since the new ownership has taken over, we have seen a dramatic improvement in the noise and related issues that this restaurant/bar had maintained. We support the direction the Village Inn is taking and believe the Miller's to be excellent operators of this establishment. My wife Karen and I now dine at the Village Inn on a semi-regular basis and appreciate the efforts to improve the food, service and ambience that the restaurant now maintains. With Regards, ]� //,�' David Seeber Gmail -Village Inn Planning Commission - DbgeihTk#dr 3, 2015 Item No. 4aa: Additional Materials Presented at Meeting The Village Inn Outdoor dining and Land Use Amendments (PA2015-016) GI`� I Dan Miller<danisiandjessicamiller@gmail.com> Village Inn 1 message Todd Keller<tmk33@me.com> Wed, Dec 2, 2015 at 1:50 PM To: Daniel&Jessica Miller<danielandjessicamiller@gmail.com> Dan, I wanted to let you know how sorry I am that I was not able to be there in person to support you. As you know we have owned 1305 Park Avenue for almost 3-1/2 years. We personally stay there about 4 to 5 weeks a year and the rest of the time is filled up with vacation renters from all over the world. In the 3+years we have owned the home directly next door to the Village Inn and we have never had any issues or problems with the restaurant. Shannon, myself and our renters have had a very positive impression of the restaurant and have eaten there often over the years with very favorable reviews. Even though they have live music the noise has never been an issue and in fact we have never even heard the music. You can even walk by the restaurant while the doors are closed and you can not hear the live music. (Which is still unbelievable to me) I know Dan has gone to great lengths to make sure the noise level is not an issue to the neighboring homes. (None of which are closer then ours) He has done an outstanding job controlling the noise level and I feel as though he is very thorough in making sure any changes he makes do not negatively impact the neighborhood. Dan is an upstanding and outstanding businessman and I truly believe he has the best interest of the community in mind in every change he makes to the restaurant. We are very thankful that Dan owns the Village Inn as he has greatly improved the restaurant and its reputation. Thank you Todd 213-500-0505 https:/hnail.google.com/mail/u/1/?ui=2&i1--b6l l cd77ff&view=pt&search=inbox&th=151... 12/3/2015 I Planning Commission - December 3, 2015 CITY E*r'R&P6v4�t:AQ4na1 Materials Presented at Meeting The Village InrrWVklg@D&AVr*jch�and Use Amendments (PA2015-016) Office of Management and Budget DATE: November 17, 2015 TO: ALL PAYROLL PROCESSORS FROM: Cindy Harris, Payroll SUBJECT: HOLIDAY PAY SCHEDULE 2015 Based on the upcoming holidays, please comply with the following changes in deadlines for payroll submittal. 1. Due to the Thanksgiving day on Thursday a i ay, November and 27, all pa oil timesheets for the period ending N mber 27 are du 10:00 a.m. nday, November 30. P roll will be created esday, November at 5:00 p.m. erefore, you will be able oad Wednesday, ember 25 and M ay, Novemb (by 10:00 a.m.). All PAF' re due to HR by 1 p.m. Wednes November The regular scheduled pay of December 4, 2 (612) will not ffected. 2. Due to the Calendar Year End and the Holiday Closure pay issue December 18, 2015 (613) will be created on Wednesday, December 9, at 5:00 p.m. Therefore, you will be able to load Wednesday, December 9 (after 5:00 p.m.) and Thursday, December 10 (by 5:00 p.m.). Timesheets are due in the Payroll office by 5:00 p.m. on Thursday, December 10. All PAF's are due to HR by 5:00 p.m. Thursday, December 3. The regular scheduled payday of December 18, 2015 will not be affected. 3. Due to the Holiday Closure Thursday, December 24 @ noon thru Friday, January 1, 2016 pay issue December 31, 2015 (614) will be created on Monday, December 21, at 10:00 a.m. Departments may load Monday, December 21 (after 10:00 a.m.) thru, December 28 at 10:00 a.m. Timesheets are due in the Payroll Office by 10:00 a.m. Monday, December 28. If your Department is observing the Holiday Closure your timesheets must be in the Payroll office by Wednesday, December 23 by 5:00 p.m. All PAF's are due to HR by 12:00 p.m. Tuesday, December 15. Vouchers and paychecks for the scheduled payday of December 31, 2015 will be available for Departments to pick up on Wednesday, December 30 at 12:00 (noon). PPE PAFs Due Paymn Created Timesheets Due Payday 11-13-15(611) No Change No Change No Change 11-20-15 11-27-15(612) 11-19-15 12:00 PM 11-24-15 5:00 PM No Change 12-04-15 12-11-15(613) 12-04-15 5:00 PM 12-09-15 5:00 PM 12-10-15 5:00 PM 12-18-15 12-25-15(614) 12-16-15 12:00 PM 12-21-15 10:00 AM 12-23-15 5:00 PM(Closure Depts.) 12-31-15 12-28-1510:00 AM(Non-Closure Depts.) If you have any questions, please call me at x3022. Thank you for your assistance. IN ��-► -• •-�-•-•--I a-•-'--M A-'-- ---'----�j-ff.129MM- E --L • Village Inn Outdoor Dining and g g Land Use Amendment J ti 4 Planning Commission Public Hearing - December 3, 2015 Planning Commission - December 3, 2015 ting 16) Vicinity Map a cqC/FORNVP• . ` 211 p . 2,1 _ -210 =20�rYtl 209 i 208 _. 209 � :-206; 1�� - 208 ' '� 206 2107A ' ]_ � 206 � � 207 206 207 h "'20 206 ~20 204. —�� /y�4y( 204 �i 20511'/05 I .204 2031 , _. 203 C 4f znz ' X201 e 21 200 1306 201 200 rt ,.E.1304 1308 $ 200 12 1 '112 127 1.E �J. �6 05 { r P 1126. J i F 127 124 'S ya —73� ` 122 1 1 to 51 112 2 _ r• I 1_213 1T x.122 V'23 [� 122 123 1 122 '1 = 121 120 I, —121 1-20 —�� 113 _ _. 1 19 112 11 1 e ce 11 � ;18 118 '116=� 1' ""i11174112 412—+1 Q- J114 ., J 1,6 X114 1,16 Cpl Y I ,�-e a 4 i.gr� y1i912 -. 112 -=1 ,133 112 A 110 W 109 ;psi 106il,0dC' it i� d�.7illl '1 107 f - 106 �r 110^ N N � I • N (1 ♦ III } N N N � �QNPG O[Mi.O/O O �* O O•I�O��O O O. �� /o• �1t7 N d: V O O V p N J....-FAV{RONT5�4Yi�1��.�� 07/13/2012 Community Development Department'- Planning Division 2 Planning Commission - December 3, 2015 ting Introduction ~fin a z C9CIFO0.NP i. Land Use Amendment Two- Unit Residential to Mixed Use Water General Plan, Coastal Land Use Plan and Zoning Code Amendment 123 Marine Avenue 2 . Conditional Use Permit No . UP2015 - oo6 190 square foot outdoor dining area Village Inn — 127 Marine Avenue 07/13/2012 Community Development Department - Planning Division 3 Planning Commission - December 3, 2015 ting 16) Site Photographs — Village Inn . �r s v V .. 13 r 07/13/2012 Community Development Department - Planning Division 4 IN --•�-� -• •-�-•-•-- a-•-'--11-'-- --'----�j- - •- m --1 • Site Photographs - 123 Marine .,e O _ t , • Planning Commission - December 3, 2015 ting Background — Village ? a cqC/FORNP Entitlement History ■ 2002 — Live Entertainment Permit ■ 2009 — Use Permit remodel and alcohol license 2009 — Live Entertainment Permit ■ 203.0 — Planning Commission One Year Review ■ 2012 — New Ownership n: 07/13/2012 Community Development Department 6 • • • � 2 2 • � Land Use Amendment } f u _ Sk 4r ML prt \ , looms Planning Commission - December 3, 2015 ting 16) fahma Id Omni 4 N � ■ � f k _ cam.. k: ,: • � I 07/13/2012 Community Development Department- Planning Division 8 _1 r r r r �� •�• O Q I• rr rir �i I �I LL 07/13/2012 Lornmunity Development Department - Planning Divisic 9 Planning Commission - December 3, 2015 ting 16) Land Use Amendment RT 215 214 MU-W2215 214 215 214 2131/2!II ■ Two-Unit Residential 213 4 212 RT 213 213 212 211 210 211 A 210 211 MU-W2 211 210 (RT) to Mixed Use 209112 208 209 208 209 208 RT 207 206 207 206 PF 207 2061 Water Related (MU- 206 W 2) 205 204 204 20512 204 2031/2 - 203 205 203 202 I U-W2 RT203 202 ■ Merge Lots 2011/2 200 RT 1306 201 200 04 201 1304 1308 Z01 2000 Obtain Buitding PARK AVE Permits OS 1207 RT 127 126 1305 127 RT 127 126 0 124 PF Comply with current 125 124 RT MU-W2 125 124 123 1221/2 building code 122 122 123 122 121 120 12„121 120 RT 121 120 requirements RT 117 118 RT 119 X118 1191/2 ' 118 716 1171117116 117 < 116 115 1141/2 - 114 115 114 RT 115 114 113 112 113 912 113 112 R 110 111 110 111 1101/ RT 10b 110 108 RT 105 106 109 10611 07/13/2012 Community Development Department - Planning Division 10 Planning Commission - December 3, 2015 ting 16) Land Use Amendment ■ Change from Residential to Mixed Use Designation Maintain current condition and use of the property No new development proposed Land use restriction 07/13/2012 Community Development Department- Planning Division 11 Planning Commission - December 3, 2015 ting 16) Prior to recordation of the final map to merge the lots, the applicant shall record a 71 f land use restriction, subject to review by the City - a Attorneys Office, restricting l r the area depicted below from non - residential uses . i --- � 07/13/2012 Community Development Department- Planning Division 12 Planning Commission - December 3, 2015 ting 16) Conditional Use Permit Igo square foot outdoor seating area i •. 07/13/2012 Community Development Department - Planning Division 13 Planning Commission - December 3, 2015 ting 16) Conditional Use Permit a+ .kAR7N E AVE ar x b SLliIdX lI J' J l-�, wbr tlxvd e x W2 RAl AEIG%1(p hllb d 0.M+lD IO MAIM x srwe IL r>dsr, tM ux MAW Lk'.ST�++C [R'GtriC �� Irtras naw&rs rrnuy •ErA'clw (;`y PROP(IS@ ROp[PLAN 07/13/2012 Community Development Department - Planning Division sq • • • � 2 2 • � �I • Conditional Use Permit . . .......... _ l-------------- I I • aRIOR ELEVATION FROM 07/13/2012 CommunityDevelopment D- •. • Division Planning Commission - December 3, 2015 ting 16) Existing Conditions Police Department Calls for Service Code Enforcement Bar Checks (five in 2014 and two M20-15) Violations 2009 — Citation issued for dancing . 2011 — Citations issued for NewYears Eve Event (past midnight) . 2015 — Unpermitted development 07/13/2012 Community Development Department- Planning Division 16 Planning Commission - December 3, 2015 ting 16) Existing Regulations fb 2009 - Use Permit remodel and alcohol license No dancing Close at midnight Doors on Park Avenue closed after Bpm 2009 — Live Entertainment Permit ( Revised ) No more than 5 musicians Windows and doors to remain closed during entertainment 07/13/2012 Community Development Department - Planning Division 17 Planning Commission - December 3, 2015 ting Recommended Conditions MIAMI& 1. Outdoor hours 7am to qpm ( #14) 2 Glass doors to be noise attenuated (#15) 3 . Food sales ( # 16) 4. Operators License ( # 19) 5 . Council Policy L- 21 and Encroachment Permit ( # 28) 6. Relocation of bike racks # on either property (# 29) (as amended) 07/13/2012 Community Development Department - Planning Division A Planning Commission - December 3, 2015 ting 16) Recommendation i. Adopt resolution recommending City Council approve GP, CLUP, and Zoning Code Amendments, as amended to include: Section 2 . The lot merger is categorically exempt under Section 15304 of the State of California CEQA Guidelines - Minor Alterations of Land 07/13/2012 Community Development Department - Planning Division ig Planning Commission - December 3, 2015 ting 16) Recommendation Adopt resolution recommending City Council approve Conditional Use Permit No . UP2015-oo6 as amended; 21. If the subject land use amendments are approved by the City and CE)a5t ,l cemmffiss ten, the applicant shall submit a lot merger application within 3 months of their approval. 29. Up te Twenty (2o) bike racks shall be relocated on-site on either 123 or 127 Marine Avenue. The location and type of bike racks shall be approved by the Public Works Department. If the racks are located on private property, a public access easement shall be recorded for the area. 07/13/2012 Community Development Department - Planning Division 20 Planning Commission - December 3, 2015 ting 16) Recommended Amendments Prior to recordation of the final map to merge the lots, the applicant shall record a land use restriction, subject to review by the City Attorneys Office, restricting the area depicted below from non - residential uses . Vii , I � i _ � 4 ~� 1211/2 +�« 07/13/2012 Community Development Department- Planning Divisio l 21 m WIN ■ • a t ti 4 M • Planning Commission - December 3, 2015 ting 16) If deny, Land Use Amendment (# 20) Permits for removal of unpermitted development to be obtained prior to issuance of permits for outdoor dining . Removal shall occur prior to finalizing outdoor dining area . 07/13/2012 Community Development Department- Planning Division 23