HomeMy WebLinkAbout15 - Appeal of the Approval of the Village Inn Use Permit and Waiver of City Council Policy L-21 located at 127 Marine Avenue (PA2015-016) - CorrespondenceReceived After Agenda Printed
January 24, 2017
Item No. 15
From: Kiff, Dave
Sent: Sunday, January 22, 2017 4:17 PM
To: City Clerk's Office
Subject: FW: Village Inn Outdoor Dining Appeal
Attachments: Village Inn Outdoor Dining Use Permit Appeal.pdf; ATT00001.txt
For the record, Item #15
-----Original Message -----
From: Don Abrams [mailto:donabrams@sbcglobal.net]
Sent: Sunday, January 22, 2017 4:13 PM
To: Herdman, Jeff; Dixon, Diane; Avery, Brad; Duffield, Duffy; Muldoon, Kevin; Peotter, Scott; O'Neill, William; Kiff, Dave
Subject: Village Inn Outdoor Dining Appeal
Dear City Council Members:
I would appreciate it if you would consider my attached letter when you deliberate on the Village Inn matter this coming
Tuesday night.
Sincerely,
Don Abrams
714.325.9055
Dear Council Persons:
I am writing to you to raise an alarm about plans to expand the Village Inn into the public sidewalk off the
100 block of Marine Avenue, and to move the bicycle racks, currently located on that same public sidewalk to
the red "no parking" zone in the middle of the 300 block of Marine Avenue. I am directly effected by both of
the above actions as my home on the Grand Canal is a few hundred feet away from the Village Inn
MY HOUSE AT 200 GRAND CANAL
and my office at 315 Marine Avenue is in front of the red zone where the bicycle racks may be moved to.
:,,_ YOFFICEAT315
MARINE AVENUE
Expanding the Village Inn onto the public sidewalk and opening large doors into the side of the building and
allowing outdoor seating there from 7 AM to 10 PM is completely inconsistent with the fact that the 100
block of Marine Avenue is a residential neighborhood. At my home, we hear loud voices every time the Vil-
lage Inn doors are opened. How much greater the noise level would be if there were a 50 foot opening fac-
ing my home 15 hours a day. And how much greater the noise for those living in closer proximity in the
100 block of Marine. It would be one thing if this area was open for brunch or lunch, but to have it open in
the early morning through the evening hours is really unthinkable.
As I understand it, the proposed plan is for the bike racks on the side of the Village Inn on the public side-
walk would then be moved to the red "no parking" zone in front of my office. This also is neither well
thought out nor safe. The reason there is a red zone there is because the 300 block of Marine is very con-
gested and keeping cars or obstructions out of the red zone makes the pedestrian crossing there safer. Any-
thing placed in that area, like bike corrals, will make it harder for cars to see pedestrians and pedestrians to
see cars. This is a bad idea.
I support local businesses and particularly the Village Inn. I also have a high regard for Dan Miller, the own-
er of the Village Inn and believe he does a good job running it. However, I don't believe this expansion, as
planned so far, is in the best interest of the community and I urge you to reject or send this plan back for re-
thinking.
Thank you.
Donald L. Abrams
Owner/Broker Abrams Coastal Properties
315 Marine Avenue, Balboa Island CA
Residing at 200 Grand Canal, Balboa Island CA
Received After Agenda Printed
January 24, 2017
Item No. 15
From: Harp, Aaron
Sent: Monday, January 23, 2017 9:49 AM
To: Brown, Leilani
Subject: FW: Village Inn
From: Kiff, Dave
Sent: Monday, January 23, 2017 9:47 AM
To: Torres, Michael; Harp, Aaron
Subject: Fwd: Village Inn
Sent from my iPad
Begin forwarded message:
From: "O'Neill, William" <woneill ,newportbeachca.gov>
Date: January 23, 2017 at 9:14:45 AM PST
To: "Brandt, Kim" <KBrandtknewportbeachca.gov>, "Kiff, Dave"
<DKiff knewportb eachca. gov>
Subject: FW: Village Inn
FYI
Will O'Neill
City of Newport Beach
City Councilmember
100 Civic Center Drive
Newport Beach, CA 92660
woneill@newportbeachca.gov
From: Mike Sullivan <sullivanphoto@roadrunner.com>
Date: Saturday, January 21, 2017 at 3:53 PM
To: "Peotter, Scott" <speotter@newportbeachca.gov>
Cc: "Avery, Brad" <bavery@newportbeachca.gov>, "Duffield, Duffy"
<dduffield@newportbeachca.gov>, "Muldoon, Kevin" <kmuldooh@newportbeachca.gov>, Jeff
Herdman <jherdman@newportbeachca.gov>, "O'Neill, William"
<woneill@newportbeachca.gov>, Diane Dixon <ddixon@newportbeachca.gov>
Subject: Village Inn
Hi Scott I hope it's all right with you that I copy everyone, since time is running short.
Thank you for putting so much time and work into finding possible areas of compromise
here. With different owners, some of these might work. But we have a history here of deliberate
belligerence from these owners, and abysmal code enforcement, which has been one of our main
complaints. We can't depend on a solution that hinges on us repeatedly complaining to code
enforcement and getting ignored again. They're not even available at night or on
weekends. Our emails to them have been completely ignored, even when we have photos and
videos. Code enforcement allowed the sound barrier that protected us from band music in our
houses to be torn down without consequence four years ago. A clear violation of their
entertainment permit, for which no citation was issued. We begged code enforcement to force a
correction, to no avail. No correction ever took place. The result was four years of torment for
my family.
You might remember that the only compromise I said I could live with was, "No open wall and
no permanent platform, which is prohibited in any case." Once you allow them to open up that
50 foot, floor to ceiling wall, the megaphone effect will be a nightmare during the day and
evening. These conditions would do little to help us then. You can't undo that kind of
construction for non compliance. We would actually rather have music than suffer 15 hours a
day with an open wall to a saloon/sports bar every day of the year. In this scenario they give up
very little, but still get the 50 -foot megaphone.
Number of musicians? Their loudest band has only 3.
This is what they did at the planning commission. At the last minute, they came up with
concessions, which would make us appear as ogres if we didn't sound grateful. Kill us for four
years with nightclub music in our houses, then call it a compromise if we lower the volume so
we can open up a 50 foot wall and build a prohibited structure on the sidewalk, and keep the
worst of the nightmare — the megaphone that we are all so afraid of.
The live entertainment is the least of our problems now. They will either comply with the
municipal code or they won't, and we will now call the police if they don't. Compliance with
the law is not a concession.
And on top of that, the city loses the safest spot on the Island to get on and off a bike.
You have my respect and admiration for trying to find a different solution here. I can see where
you had some success with the Port Restaurant, but the proposed 50 foot, floor to ceiling open
wall and the raised platform, negate the similarity between the two. Besides, the Port's tables are
100% inside their property line. And two thirds of the frontage is wall and glass.
You taught me one thing I hadn't known — the reason the city pushes so hard for outdoor
dining. In CDM you see lots of traffic and lots of empty sidewalk. Outdoor dining might get
some of these people to get out of their cars and walk around. On the Island we happily have the
opposite. We have an abundance of foot traffic. Sometimes it even logjams. That's another
reason why leaving only six feet of sidewalk to make this work would be a mistake.
I hope you can empathize with what we've been put through here, and realize that this would be
even worse. Thanks, Mike
On Jan 20, 2017, at 7:36 PM, Peotter, Scott <speottergnewportbeachca.gov>
wrote:
I was asking you about conditions of approval that you might be able to live
with. Obviously if the owner decides not to follow them, code enforcement will
be able to enforce these, understanding of course that it is complaint driven and a
pain, but if he continued to violate them , he could actually have his permit taken
away.
Here are the ideas that I had, I had staff write them, but I made the notes in red
1. The hours of the restaurant and live entertainment shall be limited to 7:00
a.m. to 10:00 p.m. Sunday through Thursday and 7:00 a.m. to midnight Friday
and Saturday. In addition, the restaurant may operate and offer live entertainment
until midnight on Thursdays between Memorial and Labor Day.
I am not sure that the owner will go with this, but if he doesn't have live
entertainment except on Friday and Saturday, this might be easy for him to give it
Up.
2. Live entertainment shall be limited to a maximum of three (3) musicians
and/or vocalists using amplified instruments and microphones at any one
time. Disc jockeys or similar form of entertainment shall not be allowed.
I had staff look at the port Restaurant and this is a similar condition. This would
tend to get rid of the bass sub -woofer problem.
3. Permissible musical instruments shall be limited to piano, woodwinds, and
string instruments, and other instruments that the Community Development
Director determines to have no greater noise impact. Percussion and brass
instruments are prohibited. Amplification is allowed for the purpose of projecting
recorded or live music through the interior of the restaurant. No outdoor speakers
shall be permitted.
I had staff look at the port Restaurant and this is a similar condition. This would
tend to get rid of the bass sub -woofer problem.
4. Televisions shall not be oriented for the purpose of viewing from the public
right of way.
I don't think that this will be a problem for him to concede this. But I do not want
the city to get into the TV policing business. This is purely so that you don't get a
large crowd on the sidewalk watching TV and cheering on USC....
5. The outdoor seating area shall not be enclosed in any way, including plastic
shielding used for protection from weather elements.
I wanted this to be added as many outdoor dining areas tend to do this so that they
can be used year round. Yet that is not the intent of the council policy. They can
put heaters in, just not make it a tent...
6. After completing the outdoor seating area improvements, a sound engineer
shall be retained by the City (at the applicant's expense) monitor and determine
compliance of the live entertainment with the City's Noise
Ordinance. Improvements recommended by the engineer shall be
completed within 30 days unless an extension is granted by the Community
Development Director.
I wanted this added as well so that at any random time (unknown to the VI owner)
an engineer can come and set up equipment. I would want this during
entertainment hours when the doors are shut up and also during an SC game (or
something like that) on a Saturday.
The following is condition #16 of the draft resolution.
16. All glass doors which provide access to the outdoor dining area and the door
on the south side of the building shall be noise attenuated to a STC rating of 34
per the Acoustical Evaluation and Design Recommendations dated March 20,
2016 by KFEB Acoustics. The effectiveness of the noise attenuation shall be
documented in the door specifications and reviewed during the plan check
process.
I wanted to make sure that this was added and it was already included. The doors
(assuming that they are installed properly) will actually do a better job of
attenuating noise and sound than the existing windows do, because of the newer
technology.
At this point we're more worried about when the doors are OPEN — 15 hours a
day, from the time we get up till we go to bed, the whole wall is open like a
megaphone for a sports bar.
I really think that there is a consensus to encourage businesses to reinvest in their
properties and that the way we handled the Port restaurant with conditions of
approval is the way to handle it. But I am concerned about compliance (complaint
based), which will put a burden on you and your neighbors, until all of the issues
are hammered out. A good neighbor (both sides) would be able to resolve this
without the city getting involved and it sounds like you are willing, hopefully the
VI owner will get the message at the council meeting.
2 more things that I am going to push for:
I think I would like to have the owner replace the window that faces 123 with a
higher quality window, that does not open (as the current one does not open
either) and that the sound curtains need to be closed on that south wall whenever
4
there is entertainment going on.
Also, If I can I would like it if the stage were facing north and relocated to the
north wall of the office. Not sure I can swing that one.
Let me know what you think.
SCOTT PEOTTER
NEWPORT BEACH CITY COUNCIL
Representing the 6th District
If you want to sign up for my political newsletter please use this
link: www.tinygrl.com/peottersigngp
From: Mike Sullivan [sullivanphoto ,roadrunner.com]
Sent: Monday, January 16, 2017 9:12 PM
To: Peotter, Scott
Subject: Tomorrow
Scott Looking forward to our meeting in the morning.
Here is some quick reading, which could save you some time, as I imagine your
time is valuable.
See you at Ruby's. Mike
Received After Agenda Printed
January 24, 2017
Item No. 15
To, Mayor Kevin Muldoon, Mayor Pro Tem Duffy Duffield, and Newport Beach City
Councilmembers Brad Avery, Diane Dixon, Jeff Herdman,, Will O'Neill, and Scott
Peotter,
Re: City Council Meeting: l-aq'2.717 Agenda Item No.: 16'
The undersigned residents of the 100 block of Marine Avenue and other Balboa
Island residents request that the City Council:
1.) Rescind the Planning Commission's recent decision to approve CU2016-12
to establish an outdoor dining area associated with the Village Inn located at
127 Maine Ave
2) Do not allow the exterior faVade along the Marine Avenue side of the
building to be remodeled by installing bi-folding doors which open into the
public- right- of - way that faces Marine Avenue.
The proposed site is inappropriate for outdoor dining in accordance with Council
Policy L-21 for two reasons:
1.) Marine Avenue is the major thoroughfare of Balboa Island for pedestrians
to move from PCH or Bayside Dr. to the Newport Bay and the boardwalk
around Balboa Island. The added activity at the proposed site would create a
"choke point."
2.) The 100 block of Marine Avenue is residential, and the commercial aspect
of the proposed outdoor dining will be only 40 feet away from the nearest
residential property and less than 75ft from two of the other closest
residential properties.
On November 3, 2016 the Newport Beach Planning Commission voted
unanimously to approve Conditional Use Permit No. UP2016-012 " to establish a
200 square foot outdoor dining area to be located in front of the Village Inn
restaurant at 127 Marine Ave within the public right of way. The outdoor dining
area would displace the existing bike racks. If approved the City Council will
consider the encroachments associated in accordance with Council Policy
L 21",sidewalk dining. Two planning commissioners were absent from the
November 3rd meeting, and all five members present had been lobbied by Ms.
Carol McDermot, a Public Relations Consultant, who has been hired by,
Charles V. Kinstler, who owns the Village Inn and the property at 123 Marine
Avenue. Dan Miller is the applicant and manager of the Village Inn and Mr.
Kinstler's son- in- law.
Any of you who live on the Island or visit the Island know that there are
no doors into the Village Inn from Marine Avenue. The front doors to the
Village Inn are on Park Avenue and the address of the Village Inn when many
of us moved onto Balboa Island was 1309 Park Avenue. 127Marine Avenue is
a new address for the Village Inn. It was selected to justify the owner and
applicant's request for out door dining on Marine Avenue even though that
location is only 40ft away from a residence. The Park Avenue front of the
Village inn is a much more appropriate location for the desired outdoor dining
because a Park Avenue location would not conflict with the residential
character of the 100 Block of Marine Avenue nor interfere with the residents'
right to the quiet enjoyment of their property.
The proposed outdoor dining area, which is located within the public right -
of -way, would be 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 36 inch high wrought iron guard rail and accommodate up to 7 tables and 16
seats. The sidewalk would be maintained at 6 feet wide" (hardly enough room for
a sidewalk, which is the major thoroughfare of Balboa Island to the Bay and
the Boardwalk. Marine Avenue is the major thoroughfare of Balboa Island for
pedestrians to move from PCH or Bayside Dr. to the Newport Bay and the
boardwalk around Balboa Island. ) The added activity at the proposed site
would create a "choke point." The windows and the brick and stucco walls, which
are the current exterior finish of the Marine Avenue fagade, will be replaced with bi-
folding glass accordion doors, (which will not absorb as much noise as the
current construction).
Furthermore, the proposed hours of operation are from 7:00 am until
9:00 pm and through the summer season from 7:00 am until 1O:OO pm every
day of the year. The Village Inn is situated on the northwest corner of Park
and Marine Avenues. The 100 block of Marine Avenue, like the rest of Balboa
Island is residential. Not another restaurant or donut or ice cream shop in the 200
and 300 blocks of Marine Avenue have the extended hours proposed by the Village
Inn for their outdoor dining. Not another business in the 200 or 300 blocks of
Marine Avenue opens onto a residential street, and not another establishment in the
200 or 300 blocks of Marine Avenue seeks to obstruct the flow of pedestrian traffic
along Marine Avenue, Balboa Island's main thoroughfare, as this outdoor dining
project would obstruct the flow of traffic. Finally, the Village Inn of 2016 unlike
the Village Inn prior to 2002 when the first conditional use permit for live
music was granted is now a sports bar by day and a nightclub with live music 5
to 7 nights a week.
The residents of the 100 block of Marine Avenue and surrounding streets on Balboa
Island request that the City Council:
1) Rescind the Planning Commissions approval of the outdoor dining, and
2) Not grant a permit to the Village Inn to remodel the exterior faVade by
adding bi-folding glass doors along the Marine Avenue side of the building
3) The 100 block of Marine Avenue is residential, and the commercial aspect
of the proposed outdoor dining will be only 40 feet away from the nearest
residential property and less than 75ft from two of the other closest
residential properties.
949) (�73 -27D6
To, Mayor Kevin Muldoon, Mayor Pro Tem Duffy Duffield, and Newport Beach City
Councilmembers Brad Avery, Diane Dixon, Jeff Herdman,, Will O'Neill, and Scott
Peotter,
Re: City Council Meeting: 7 Agenda Item No.: 15
The undersigned residents of the 100 block of Marine Avenue and other Balboa
Island residents request that the City Council:
1.) Rescind the Planning Commission's recent decision to approve CU2016-12
to establish an outdoor dining area associated with the Village Inn located at
127 Maine Ave
2) Do not allow the exterior faVade along the Marine Avenue side of the
building to be remodeled by installing bi-folding doors which open into the
public- right- of - way that faces Marine Avenue.
The proposed site is inappropriate for outdoor dining in accordance with Council
Policy L-21 for two reasons:
1.) Marine Avenue is the major thoroughfare of Balboa Island for pedestrians
to move from PCH or Bayside Dr. to the Newport Bay and the boardwalk
around Balboa Island. The added activity at the proposed site would create a
"choke point."
2.) The 100 block of Marine Avenue is residential, and the commercial aspect
of the proposed outdoor dining will be only 40 feet away from the nearest
residential property and less than 75ft from two of the other closest
residential properties.
Finding: A. The use is consistent with the General Plan and any applicable specific
plan.
Fact in Support of the 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.
Inaccuracy: Chapter 20.22
20.22.010 Purposes of Mixed- Use Zoning Districts
Paragraph F. MU -W2 (Mixed- Use Water) Zoning District. This district
applies to waterfront properties in which marine related uses (boat yards)
may be intermixed with general commercial, visitor serving commercial and
residential dwelling units on the upper floors. ( Ord. 2010-21 ( Exh A)
(part)), 2010
By virtue of the foregoing definition of the MU -W2, The Village Inn cannot be
designated as MU -W2 because it is not a waterfront property. Therefore, it is
not consistent with the General Plan.
Finding:
B. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of this Zonign Code and the Municipal Code.
Facts in Support of the Findin .
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. P8
Inaccuracy: The subject property is located at the north end of the 100
block of Marine Avenue, which except for the Village Inn and the Fire
Station across the street from the Village Inn is 100% residential.
See Figure LU4 in the City General plan Statistical Data Maps and Coastal
Land Use Plan Figure 2.1.6-1 Balboa Island Commercial. Both maps show
clearly that the 100 block of Marine Avenue is residential.
not Mixed Use AND not commercial. ( Maps Attachment 1)
1. The outdoor dining area is proposed to be approximately 200 square feet
in size which does not require parking under Table 3-10on NBMC
Chapter 20.40.040 (Off street parking spaces required)
Note: The bikes will be relocated and patrons who are waiting to dine
outside will be milling around and causing a choke point at Park and
Marine Avenues which is the main thoroughfare on Balboa Island.
Finding:
C. The design, location size and operating characteristics are compatible
with the allowed uses in the vicinity.
Facts in Support of Finding
1. The proposed outdoor dining area is located along Marine an active
mixed use commercial use area with high pedestrian use.
Inaccurate: The proposed outdoor dining area is located within 40ft of
a residential property at 121 Marine Avenue, and the 100 block of
Marine Ave is residential.
2. Out door dining areas are encouraged in mixed use areas as they
contribute to the vibrancy of the area.
As Marine Ave is the main thoroughfare of the Balboa Island, it is
already very vibrant.
2. The subject dining area is limited to 200 square feet and extends four
(4) feet from the building edge. The sidewalk is maintained at six (6) feet
which is adequate to accommodate pedestrian passage.
The width of the sidewalks in the 200 and 300 blocks of Marine Avenue
(the true commercial area of Marine Ave) are ten 10 feet wide, and that
sidewalk width barely accommodates the pedestrian traffic that moves
along Marine Avenue particularly on the weekends and / or holidays.
We residents of the 100 block of Marine Avenue request that the
members of the City Council would conduct a valid and objective site
development review of the appropriateness of sidewalk dining allowed
on Marine Avenue by visiting the site before a decision is made regarding
the requested encroachment.
2. As conditioned, the outdoor dining area and glass doors will close at 9:00
pm or 10:00 pm as detailed in Condition of Approval No. 15.
Irrelevant: Outdoor dining has never existed at this site before, and bi-
folding glass doors which open into our residential neighborhood have
never existed. None of the 12 -13 restaurants, coffee shops or frozen
banana / Dad's Donuts establishments open onto a residential district,
and with the exception of Dad's Donuts, none operate from 7:00 am -
9:00 pm or 10:00 pm as the applicant requests.
3. As conditioned, the proposed glass doors are double paned (or similar
material) to provide improved noise attenuation, as compared to the
existing exterior wall and windows.
Irrelevant: "The Establishment of the outdoor dining area constitutes a
major change to operations"(p6 Oct 20th Staff Report) " The restaurant
operates 7:OOam- 12:00 midnight daily. The outdoor dining area will be
open beginning at 7:OOam and closing when live entertainment starts...
requiring the doors leading from the restaurant to the outdoor patio to be
closed prior to live entertainment commencing" (P7 Oct 201h Staff Report)
Therefore, it is irrelevant that the glass doors are sound rated and
provide noise attenuation because as quoted from the October 20th staff
report, those glass doors are slated to be open 14 -15 hours a day. The
noise associated with this proposed outdoor dining is new noise; it has
never been measured because it has never existed so there can be no
noise attenuation. In addition, the new noise of the clattering of plates
and silverware and the drone of conversation from the outdoor dining
will be mingled with the noise from three or four TV's and more clattering
of plates and silverware and the drone of conversation from inside the
restaurant.
Furthermore, in a Memo from the Newport Beach Police Department
from Wendy Joe, Police Civilian Investigator dated April 26,2016, "
The police department anticipates the addition of the outdoor patio
will exacerbate any existing noise concerns ...... Given the close
proximity to homes in the neighborhood." These recommendations
have been duplicated from the Police Departmenfs previous memo
dated, November 4, 2015. (p 92 Oct 20th Staff Report). The report
further cites that this location meet the legal criteria for undue
concentration of 1 license for every 197 residents and is over saturated.
(Attachment 2 Noise)
We residents reiterate that this proposed outdoor dining will be only 40ft
away from the nearest residential residence and 75ft. away from two other
residential residences. Alcohol will be served and smoking may be permitted
by the operator of the establishment. Municipal code 11.04.080 prohibits
smoking within 100ft of parks, beaches, and oceanfront boardwalks.
Shouldn't a residence be afforded the same consideration?
4. The existing bike racks in the front of the property will be relocated
within the public right of way on the 200 and/or 300 block of Marine
I. Relocating the bike racks to the 200 and 300 blocks of Marine Avenue
would add congestion not only to the sidewalks in the 200 and 300 blocks
of Marine Avenue, it would also affect the flow and pace of vehicular
traffic if bicycles are leaving the sidewalk to enter the street. It would be
VERY dangerous.
I1. Before a decision is made regarding the requested encroachment, we
residents of the 100 block of Marine Avenue request that the members of
the City Council would conduct a valid and objective site development
review of the appropriateness of sidewalk dining allowed on Marine
Avenue by visiting the site.
The owner has stated in an earlier staff report dated October 17th that he
was unable to spend the money to cure an encroachment to the property
at 123 Marine, which he also owns, and requested an extension to abate
the encroachment because he needed time to amortize his investment.
Yet, this same owner has hired a public relations consultant, paid for an
acoustical analysis, and is willing to install bi-folding doors to the tune of $
200,000.00 -$300,000.00, and $12,000 plus shift the burden of the bike
racks up the street to procure sidewalk dining as per Council Policy L-21.
III. 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"(P4 Oct 20th staff report). Surely, the owner and applicant /manager
of the Villager Inn could find a place within those 4500 square feet to
accommodate the changes they wish to make to their business and leave
the bicycles where they are.
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).
Facts in Support of Finding.
1. Establishment of the outdoor dining does not impact public and emergency
vehicle access and public services and utilities as the improvements are
limited to a 200 square foot dining area and do not encroach into the public
roadway.
Like the NEW NOISE associated with the outdoor dining, it is impossible to
measure what impact there would be if the "improvements are limited to a
200 square foot dining area and do not encroach into the public roadway."
However, this assumption does not take into account the fact that there will
be as many as 7 tables and 16 seats within the 200 square feet. In addition,
there will be those people milling around and waiting for a seat outdoors.
Some diners may have their dogs tied to the wrought iron fence outside of
the 200 square feet. There will be a lot of congestion on the 6 ft. wide
sidewalk of Marine Avenue that is a major thoroughfare from PCH to the
Boardwalk and the Bay.
It is questionable whether or not the north end of the dining area is at least
10 feet away from the Marine Avenue crosswalk.
Finding:
E. Operation of the use at the location proposed would not be detrimental to
the harmonious and orderlygrowth of the City, nor endangers, jeopardize, or
otherwise constitute a hazard to the public convenience, health interest, and
safety orgeneral welfare of persons residing or working in the neighborhood of
the proposed.
Facts in support of Finding.
I. The findings vis a vis our residential neighborhood are BOGUS. The
findings are examples of the Planning Staffs bias toward the applicant
and Public Relation Consultant Speak.
The potential conflicts with the surrounding land uses are minimized to the
greatest extent possible.
II. False. If the potential conflicts were to be truly minimized, the exterior
wall on the Marine Avenue side of the Village Inn would not be refitted with
bi-folding glass doors that would open onto Marine Avenue and be a source
of noise that has never existed before, and that noise will continue for 14
hours a day EVERY DAY OF THE YEAR!
2. An acoustical analysis... City's nighttime noise threshold limit of 50dBA
II. Irrelevant: It is the new 14 -15 hour a day outside dining noise that is
so disconcerting.. The noise associated with this proposed outdoor
dining is new noise; it has never been measured because it has never
existed so there can be no noise attenuation. In addition, the new noise of
the clattering of plates and silverware and the drone of conversation from
the outdoor dining will be mingled with the noise from three or four TV's
and more clattering of plates and silverware and the drone of
conversation from inside the restaurant.
In addition, in a Memo from the Newport Beach Police Department from
Wendy Joe, Police Civilian Investigator dated April 26,2016, " The police
Department anticipates the addition of the outdoor patio will exacerbate
any existing noise concerns ...... Given the close proximity to homes in the
neighborhood."
3. Establishment of the outdoor dining area will require that the bike racks be
relocated to the 200 and/or 300 blocks of Marine Ave.
Relocating the bike racks to the 200 and 300 blocks of Marine Avenue would add
congestion not only to the sidewalks in the 200 and 300 blocks of Marine
Avenue, it would also affect the flow and pace of vehicular traffic if bicycles are
leaving the sidewalk to enter the street. It would be VERY dangerous.
Neighboring residents have expressed concerns with the noise created by the
public loitering near the racks during late hours.
False. As first proposed, the bikes were relocated to the property at 123 Marine
Ave. which is only 20ft away from the residential property at 121 Marine Ave. "
The proposed location would be approximately 20ft.from the nearest residence
which is 121 Marine Avenue " (p9 Oct 20th staff report). The residents reacted to
the bike racks being located 20ft away from a neighbor's front door
Relocation of the racks to a more central location away from residential uses,
should address noise concerns associated with the bike racks.
No the residents' concerns are that the Village Inn is not the Village Inn of eighty
or thirty or even twenty years ago. Since 2002 when the first Conditional Use
permit was granted until today, the neighborhood Village Inn has evolved into a
Sport's Bar by day and a nightclub with up to four musicians playing live music
5-7 nights a week.
The preoccupation with relocating the bike racks is a red herring that obscures the
residents' true concerns that the current business model of the Village Inn is not
appropriate in our residential neighborhood. Outdoor dining at 127 Marine Avenue
will jeopardize our right to the quiet enjoyment of our residential neighborhood.
We believe that outdoor dining at 127 Marine Avenue will have a negative impact on
our residential neighborhood
Respectively Submitted,
Lynne O'Brien, Secretary 100 Block of Marine Avenue Coalition
105 Marine Avenue,
Newport Beach, CA 92662,
q49) 673-a71)&
ATTACHMENTS 1
MAPS
City Of Newport Beach General Plan
Figure LU4 : Statistical Areas
D3, D4, E1 E3
Figure LU 20: Balboa Village
Figure LU 27: Corona del Mar
Coastal Land Use Plan
West Newport
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PA2010-052 09/14/2010
Change PI 1.0 to CV 1.0 for property located
at 600 E. Bay Avenue; Change MU -V to CV 0.5
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707 E. Ocean Front
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LAND USE POLICY
A Visitor -Serving Commercial B Commercial or Mixed -Use C ; Two -Family Residential
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LU20_Balboa_Village.mxd 11/15/2013
CITY of NEWPORT BEACH
GENERALPLAN
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BALBOA VILLAGE
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PROJECT NUMBER: 10579-01
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LAND USE POLICY • Retail and Office on Coast Highway
• Possible Acquisition of Adjoining Residential Lots For Parking
• Shared Parking Facilities with Street -Facing Retail
CITY of NEWPORT BEACH
GENERAL PLAN
FIGURE LU27
CORONA DEL MAR
QSub-Area
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submerged lands
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PROJECT NUMBER. 10579-01
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CITY of NEWPORT BEACH
GENERAL PLAN
FIGURE LU27
CORONA DEL MAR
QSub-Area
Tidelands and
submerged lands
ON., City Boundary
°fir Highway
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PROJECT NUMBER. 10579-01
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Coastal Land Use Plan
C 11/15/2012 2-85
Village Inn
UP2016-006
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 I
license for every 202 residents. Per the Business and Professions code, we compare this per
capita ratio to Orange County's per capita ratio of I license for every 505 residents, This
location meets the legal criteria for undue concentration. These same figures are presented
utilizing Reporting District criteria instead of census tract criteria below:
• 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 505
• RD 42 is over saturated with a total per capita ratio of 1 license for every 197 residents
Comments, and Recommendations
Since the Police Department's previous memo dated November 4, 2015 was written, patrol
officers have responded to 6 calls regarding loud music or excessive noise. One neighbor
made 3 calls, another neighbor made 1 call, and the remaining two were made anonymously or
were unrecorded by police dispatch, Listed below are the dates and dispositions of the calls:
0 11/612015, 11:15 p. m. — advised
0 11/1512015, 7:42 p.m. — unfounded
0 11/20/2015, 9.41 p.m. —advised
* 12/15/2015, 8:57 p.m. — unfounded
0 12/19/2015, 11:01 p.m. — unfounded
0 03112/2016, 6:31 p.m. — advised
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 (these recommendations have been duplicated from the Police
Department's previous memo dated November 4, 2015):
• 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,
2
92
Received After Agenda Printed
January 24, 2017
Item No. 15
To Mayor Kevin Muldoon, Mayor Pro Tem Duffy Duffield, and Council members,
Brad Avery, Diane Dixon, Jeff Herdman, Will O'Neill, and Scott Peotter:
City Council Meeting: January 24, 2017 Agenda number: 15
Re: The Appeal of the Planning Commission's November 3, 2016 approval of the Use
Permit (UP2016-012) that allows a 200 -square-foot outdoor dining area for the
Village Inn restaurant and Waiver of portions of City Council Policy L-21 located at
127 Marine Avenue (PA2015-016)
Mr. Mayor and other Council Members,
Please reject Resolution No. 2017-9, a resolution of the City Council of the City of
Newport Beach California and rescind the Planning Commission's Approval of use
permit No. 2016-012 to Establish a 200 - square -foot Outdoor Dining Area
Associated with an existing Restaurant at 127 Marine Ave.
Please do no waive any portions of City Council Policy L21, " Sidewalk Cafe
Standards and Procedures because the use at 127 Marine Avenue for which the
waiver is being requested is incompatible with the location because the 100 block of
Marine Avenue is residential.
According to Provision B of City Council Policy L21 the Sidewalk Cafe Standards and
Procedures, " Outside Dining will not be permitted on sidewalks designated by City
Council resolution as shared bicycle and pedestrian facilities." Marine Avenue could
be easily categorized similarly to Ocean Front as shared bicycle and pedestrian
facilities because in addition to the pedestrians on the Marine Avenue sidewalk,
there are also cars parked along the street, groups of bicyclists riding to the left of
the parked cars heading north, vehicles heading north toward the bridge, and large
groups of bicyclists pedaling on the other side of the street to the right of the cars
that are parked there. Marine Avenue is easily as impacted an area as Ocean Front
(F Street to Mc Fadden Place & westerly line of Ocean front parking lot to 36th St.)
The Village Inn is located on the corner of Marine and Park Avenues. Park Avenue is
the thoroughfare that brings cars from the ferry and the other residential streets on
Balboa Island to the 200 blocks of Marine Avenue and off the Island. With the two
streets converging, the two intersections are even more congested than what was
described above. The sidewalk cafe is not appropriate for Marine Avenue because
there are pedestrians, and bicycles, and vehicles coming from both Marine Avenue
and Park Avenue.
It confounds us how the Village Inn's proposal for outdoor dining has gotten
this far, and we appeal to the City Council's sense of right and wrong in
interpreting the Municipal Codes vis avis the physical restrictions of the
Marine Avenue location. " The use is not compatible with the character of the
surrounding neighborhood and the addition of the use will change the
residential character of the neighborhood, and could have a negative
impact on the value of our property Furthermore, in making your decision
on this outdoor dining please consider that the proximity of the use,
which would include alcohol sales and cigarette smoking, is only 40 feet
from a residence(4a, p 9 Oct 2001 Staff report) . Finally, everyone of us can
agree that the front doors to the Village Inn are on Park Avenue, and installing
the sidewalk dining on the Park Avenue front of the Village Inn would be in
keeping with the stated intention of the Sidewalk Cafe Standards and
Procedures. An added bonus to this solution would be that the bike racks would
not have to be moved!!!
Regards,
Lynne
4-"-'rien
Received After Agenda Printed
January 24, 2017
Item No. 15
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Categories:
Sent from my iPad
Begin forwarded message:
Kiff, Dave
Monday, January 23, 2017 4:37 PM
City Clerk's Office
Fwd: Village Inn
Follow up
Flagged
Leilani
From: Tim Zigrang
Date: January 23, 2017 at 3:50:58 PM PST
To: <ci _y atar 3I r v g -g
Subject: Village Inn
I support the Village Inn and their application !
Tim Zigrang
RECEIVED AFTER AGENDA PRINTED
AGENDA ITEM NO. 15
JANUARY 24, 2017
From: Brandt, Kim
Sent: Tuesday, January 24, 2017 8:05 AM
To: Brown, Leilani
Cc: Wisneski, Brenda
Subject: Fwd: Squalor From the Village Inn for the record
Attachments: image001 jpg; image002 jpg; image003 jpg; image004 jpg; image005 jpg; image006 jpg;
image007jpg;image008jpg;image009jpg;image010jpg
Leilani,
Another correspondence for tonight's meeting.
Kim
Sent from my iPad
Begin forwarded message:
From: Carol McDermott <carol&entitlementadvisors.com>
Date: January 24, 2017 at 7:59:32 AM PST
To: "Dixon, Diane" <ddixon&newportbeachca.gov>, Scott Peotter <scottkpeotter.com>,
"duffieldgnewportbeachca.com" <duffieldAnewportbeachca.com>,
"jherdman(c�r�,newportbeachca.gov" <jherdman&newportbeachca.gov>,
"woneill(kne)yportbeachca.gov" <woneill(knewportbeachca.gov>,
"bavery�knewportbeachca.gov" <baveryknewportbeachca.gov>
Cc: "danvibdt@gmail.com" <danvibdtggmail.com>, 'Brenda Wisneski'
<bwisneskiknewportbeachca.gov>, Kimberly Brandt <kbrandt(knewportbeachca.gov>
Subject: RE: Squalor From the Village Inn for the record
Dear Diane and Scott: thanks for sending the letter below and allowing us the opportunity to
respond to what I am sure appears to be alarming photos and statements from the neighbor
adjacent to the 3o'wide residential property also owned by Village Inn (VI). We deeply regret
the controversy surrounding what should be a simple implementation of a council policy to
encourage outdoor dining and stimulate sidewalk interface with pedestrians. Despite
allegations to the contrary, the VI and its owner/operator, Dan Miller, has tried to deal
responsibly with the neighbor who has consistently refused to meet and discuss his issues in
person or in detail. The VI has also tried in multiple ways to address the complaints including
repairing and maintaining the front yard of their rental property next door, replacing the
southerly window in the restaurant with a sound attenuating double -paned window, installing
noise attenuating panels along the ceiling and eliminating the larger musician groups which are
currently permitted by the Entertainment Permit. (Note there have been no violations of the
entertainment permit as has been validated by the report of the Police Department at the
Planning Commission which reviewed the complaints of the neighbor and designed extensive
conditions to further address the stated concerns of the neighbor in their approval.)
The VI has been very favorably received by many nearby and local residents, and Mr. Miller has
been an active community member including being asked to serve on the Board of the Balboa
Island Improvement Association and the Balboa Island Merchants Association. He is a graduate
of Leadership Newport and is highly respected for his honesty and integrity, in contrast to the
reputation of the neighbor held by many Island residents and leaders. Please see my comments
in his photos and statements below.
We look forward to presenting our defense of the outdoor dining request at the appeal hearing
this evening. Dan Miller and I are available to answer any questions. Thanks, cmmc
Carol Mentor McDermott, AICP
Principal
Entitlement Advisors
Track Record + Team + Tenacity
5000 Birch, Suite 400 East Tower
Newport Beach, CA 92660
(949) 717-7939, office
(949) 422-2303, cell
(949) 209-2045, fax
carol@entitlementadvisors.com
From: Dixon, Diane[mailto:ddixon@newportbeachca.gov]
Sent: Monday, January 23, 2017 1:12 PM
To: Carol McDermott <carol@entitlementadvisors.com>
Subject: Fwd: Squalor From the Village Inn for the record
Diane B Dixon
949 287 921 1
---------- Forwarded message ----------
From: "Mike Sullivan" <sullivanphotogroadrunner.com>
Date: Mon, Jan 23, 2017 at 12:32 PM -0800
Subject: Squalor From the Village Inn for the record
To: "Dixon, Diane" <ddixongnewportbeachca.gov>, "Duffield, Duffy"
<dduffieldgnewportbeachca.gov>, "Herdman, Jeff' <jherdmangnewportbeachca.gov>,
"Peotter, Scott" <sspeottergnewportbeachca.goy>, "O'Neill, William"
<woneillgnewportbeachca.gov>, "Avery, Brad" <baverygnewportbeachca.gov>, "Muldoon,
Kevin" <kmuldoonknewportbeachca.gov>
Cc: "Peter Bergman" <pjber mg an4ggmail.com>
Dear Council Members
While we hold out hope for a compromise of some kind regarding the Village Inn, our association
(there is no "association') wants us to keep sending information about their behavior, which might
affect the vote, or at least serve as background for our position, and our doubts as to whether they
would comply with conditions. The VI is totally committed to complying with the proposed
new conditions as they comply with current conditions on the property. And of course
we want this history to be part of the record.
Homeowners and Residents of Marine Ave.
RECEIVED AFTER AGENDA PRINTED
AGENDA ITEM NO. 15
JANUARY 24, 2017
From: Brandt, Kim
Sent: Tuesday, January 24, 2017 8:22 AM
To: Brown, Leilani
Subject: FW: Squalor From the Village Inn for the record
Here you go.
From: O'Neill, William
Sent: Monday, January 23, 2017 2:57 PM
To: Kiff, Dave <DKiff@newportbeachca.gov>; Brandt, Kim <KBrandt@newportbeachca.gov>
Subject: FW: Squalor From the Village Inn for the record
Will O'Neill
City of Newport Beach
City Councilmember
100 Civic Center Drive
Newport Beach, CA 92660
woneill@newportbeachca.gov
From: Mike Sullivan <suIlivanphoto@roadrunner.com>
Date: Monday, January 23, 2017 at 12:32 PM
To: Diane Dixon <ddixon@newportbeachca.gov>, "Duffield, Duffy" <dduffield@newportbeachca.gov>, Jeff
Herdman <jherdman@newportbeachca.gov>, "Peotter, Scott" <speotter@newportbeachca.gov>, "O'Neill,
William" <woneill@newportbeachca.gov>, "Avery, Brad" <bavery@newportbeachca.gov>, "Muldoon, Kevin"
<kmuldoon@newportbeachca.gov>
Cc: Peter Bergman <pibergman4@gmail.com>
Subject: Squalor From the Village Inn for the record
Dear Council Members —
While we hold out hope for a compromise of some kind regarding the Village Inn, our association wants us to keep
sending information about their behavior, which might affect the vote, or at least serve as background for our
position, and our doubts as to whether they would comply with conditions. And of course we want this history
to be part of the record.
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.
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. Some of you have heard
reports and seen photos of what they did the the front yard of the property they own
next door. And of course, they now seek exemptions to city policies to build an outdoor
dining structure.
Aside from violating the peace and quiet of the neighborhood when they arrived four
years ago, they did this to the front yard next door. They had some workers spend a day
digging up the once beautiful front lawn, tearing up hundreds of tree roots as they
worked. This was right under my front door, three feet away.
They said they 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 I 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 my front
door? Several other neighbors passed by and joined in and agreed.
The project was immediately abandoned. They walked away and never maintained that
yard again. The dug up dirt and tree roots stayed just as they were for three years. I
had to water down the dirt for months (pre -drought) just to keep the dust out of my
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. The message they sent us was clear. They were angry that the entire block joined
in and (politely) told them something they did not want to hear.
Not one time in three years did the owners tend to the rest of that yard. A front yard on
Balboa Island, mind you. 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 wife
and I 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)
ra
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 I said, no, let's give them a
chance. I didn't want to delineate my main concern, which was the loud band music
tormenting my 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 my neighbors convinced me 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 the residence where they stayed for months. One
of them was placed right up under Mike and Tina's front door.
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The view as I step out my front door 4 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 my house and this yard. Remember —
this is in the front yard of a house on Balboa Island. see photo
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 topic of neighborhood
conversation.
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 home were appalled and
angered. It was as though the owners were making some kind of statement. 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 last year.
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 brick wall, with their butts hanging into
my patio. Tina and I had to cancel our annual patio get together with friends on parade
day. We had to take down our plants to protect them. When the drinking got heavy, we
were eventually driven from the house with the kids.
I talked to owner Dan Miller the next day and told him that we had been driven out of
our 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 family. Again I had a conversation with Dan and told him that the
drinkers were too close to my 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.
Only later did I learn through some research that their use permit specifically prohibited
the serving of any alcohol at that address. And code enforcement had access to that
knowledge, and did nothing.
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 people can finally be the ones
to say to them — enough is enough, and make it stick. Thank you, Tom Sullivan
Received After Agenda Printed
January 24, 2017
Item No. 15
From: Brandt, Kim
Sent: Tuesday, January 24, 2017 8:41 AM
To: Brown, Leilani
Subject: FW: Correction /Village Inn
Another correspondence for tonight's meeting.
From: O'Neill, William
Sent: Tuesday, January 24, 2017 8:34 AM
To: Brandt, Kim <KBrandt@newportbeachca.gov>; Kiff, Dave <DKiff@newportbeachca.gov>
Subject: Fwd: Correction /Village Inn
Will O'Neill
Newport Beach City Council
Begin forwarded message:
From: Mike Sullivan<sullivanphoto(kroadrunner.com>
Date: January 24, 2017 at 8:31:06 AM PST
To: Diane Dixon <ddixon e,ne)vportbeachca.gov>, <bavery(ne)yportbeachca.gov>,
<dduffieldgnewportbeachca.gov>, <kmuldoon(knewportbeachca.gov>, "Peotter, Scott"
<speotter(kne)yportbeachca.gov>, "O'Neill, William" <woneill(knewportbeachca.gov>,
<j herdman(knewportbeachca. gov>
Subject: Correction /Village Inn
Dear Council Members Councilman Peotter has pointed out an inaccuracy in our Top Ten
Reasons to Reject Outdoor Dining Structure at the Village Inn.
Opening up a fifty foot wall from the bar to the sidewalk is unprecedented, and gives the
appearance of no wall at all except for support structures.
But to be completely accurate, and I trust Scott's math, the actual open areas are almost two
thirds of that fifty feet, or 62%. That's still a lot of open space floor to ceiling.
I will adjust my remarks to the council tonight accordingly. On some other small points, Scott
and I will remain in amicable disagreement.
But my point remains, that so much open wall space to the sidewalk that it gives the feel of being
completely open to passersby, young an old.
This place is a noisy saloon now, and that much noise and visibility to the passing family crowds
and our own residents seems inappropriate.
See you all tonight.
Received After Agenda Printed
January 24, 2017
Item No. 15
From: Kiff, Dave
Sent: Tuesday, January 24, 2017 10:18 AM
To: City Clerk's Office
Subject: FW: Village Inn Open air dining patio!!
Categories: Leilani
-----Original Message -----
From: Lesley Gregory [mailto:lesleygregoryl@hotmail.com]
Sent: Monday, January 23, 2017 6:49 PM
To: Dept - City Council
Subject: Village Inn Open air dining patio!!
My husband and are are local residents who have enjoyed having the Village Inn in our community.
I truly enhances the community and we would totally support them having an outdoor area for us to enjoy, just as other
businesses have on the island. The establishment is very well run and not at all a noise issue! It is a local institution
enjoyed by responsible locals who would very much enjoy some fresh airs Lesley and Geoff Gregory
Received After Agenda Printed
January 24, 2017
Item No. 15
From: Kiff, Dave
Sent: Tuesday, January 24, 2017 10:07 AM
To: City Clerk's Office
Subject: FW: Village Inn Patio
Categories: Leilani
From: Rich Cantillon[mailto:RCantillon@argentmanagementllc.com]
Sent: Tuesday, January 24, 2017 9:15 AM
To: Dept - City Council
Subject: Village Inn Patio
I am in support of the renovations and patio planned for the VI. They are great neighbors and work hard to make their
restaurant a great place to go.
Rich Cantillon
(949) 241-8442 o
(949) 254-7927 c
Received After Agenda Printed
January 24, 2017
Item No. 15
From: Kiff, Dave
Sent: Tuesday, January 24, 2017 10:18 AM
To: City Clerk's Office
Subject: FW: The Village Inn
Categories: Leilani
-----Original Message -----
From: Erin Reed [mailto:elreed33@gmail.com]
Sent: Monday, January 23, 2017 7:02 PM
To: Dept - City Council
Subject: The Village Inn
I vote Yes to add doors leading to an outside patio at the Village Inn. I've lived in NB since I was 8 years old. i currently
reside on the Peninsula and frequent the Island. I feel adding some music and outdoor dining would add a touch of class
(like CDM) while remaining charming.
Thanks, Erin
Sent from my Whone
Received After Agenda Printed
January 24, 2017
Item No. 15
Nelson, Jennifer
From: Todd Campbell <toddcampbel11234@gmail.com>
Sent: Tuesday, January 24, 2017 3:27 PM
To: Dept - City Council
Subject: Village Inn
Don't you think this nonsense has gone on long enough with Village Inn requesting an outside permit. Give us
a break and let us have a nice outside eating area like other restaurants on the Island. Noise, what noise?? We
eat there regularly and never experienced noise that was not normal
Sincerely,
Todd & Jojo Campbell
Received After Agenda Printed
January 24, 2017
Nelson, Jennifer Item No. 15
From: tecrosson@aol.com
Sent: Tuesday, January 24, 2017 3:19 PM
To: Dept - City Council
Subject: THE VILLAGE INN NEEDS COUNCIL APPROVAL
TO ENHANCE THE AMBIANCE FOR ALL THE RESIDENTS AND VISITORS OF BALBOA ISLAND. IT IS UP TO ALL OF US TO
SUPPORT OUR LOBCAL BUSINESSES. SHOULD THIS BUSINESS FAIL; HOOTERS IS READYTO MOVE IN. AND IF NOT
HOOTERS, THE HAPPY ENDING MASSAGE PARLOR IS NEXT.
Sent from Mail for Windows 10