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) - PowerPoint (Applicant)January 24, 2017
The inn Item No. 15
Amendment to CUP
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Presentation to the
WWI- Newport Beach City Council
January 24, 2017
Aerial of Village Inn and Surrounding Uses
The Village Inn:
An Important Piece of Island History
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Dan Miller, Operator
Dan and Jessica Miller
0 Invited to serve on the Board
of the BIIA and Merchants
Association due to his
character and integrity
Enhanced the 8o -year-old
restaurant, improved the
menu and is working to add
to the Island ambiance in a
Mixed Use zone
Project Objectives
■ Enhance the Island experience
■ Attenuate noise more effectively
■ Further a fine dining experience by
offering alfresco seating
■ Remain consistent with ABC
License and Entertainment Permit
■ Commit to additional conditions of
approval as necessary
Proposed Outdoor Dining Plan
■ Request an Amendment to an existing Conditional Use Permit
(UP2009-002) and waiver of Policy L-21
■ 200 square -foot outdoor dining area — 16 seats
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SITE PLAN
Proposed Outdoor Dining Plan (cont.)
■ Replace old windows along Marine Avenue with full height, bi-fold or multi -fold, noise
attenuating doors with double -paned windows
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■ Plexiglass barrier
around southern edge of
outdoor dining
■ Retain sidewalk at
minimum six feet wide
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Bike rack usage survey
indicated that only iq% of the bicyclists
are patrons of the Village Inn
• Bike Racks to be removed away from ioo Block of Marine
Avenue
• New bike corrals to be in stalled near merchants on Marine
Avenue
Bike corrals on Marine blocks Zoo and 300
The layout for
the
bike corrals, was
voted on and affirmatively
supported
by
the
Balboa
Island
Merchant
Association
MARINE AVE BIKE CORRALS EDS 10 -6 -as
Bike Rack Relocation Plan
■ Existing bike racks
accommodate 20 bikes
■ New bike corrals to be
installed in 200-30o blocks
of Marine Avenue to
accommodate up to 44
bikes with $12,00o fee by
applicant
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Acoustical Evaluation Prepared by KFEB
Acoustics and Completed on March 20, 2016
• City's noise standard for commercial is 6o dBA at night
• City's noise standard for residential is 5o dBA at night
• Noise level at southern property line of 123 Marine was
approximately 55.o dBA during entertainment, including
ambient street noise
• With improvements noise will be approximately 45 dBA at
property line of 123 Marine during the nighttime
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Acoustical Analysis Conducted
Existing Noise Contours
oise Contour Legend
4o dBA
45 dBA
5o dBA
- 55 dBA
bo dBA
65 dBA
Patron Noise Level with Outdoor Dining
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Noise Contour Legend
4o dBA
_ 45 dBA
C 5o dBA
® 55 dBA
C 6o dBA
_ 65 dBA
Responses to Neighbors
Hours of operation
- Hours of operation revised
- Customers to be moved inside prior to any entertainment
Noise
- Noise attenuating, double paned windows with door seal thresholds installed to ensure no
"noise leakage" to Marine Avenue
- Speakers to be oriented away from 123 Marine Avenue
- Circular noise barrier has been placed around the roof vent
- Plexiglass barrier to be installed around the 4 -top table
Existing Entertainment Permit allows for 5 piece bands
- New limit a maximum of 4 entertainers
Improvements Recently Installed to Address
Noise and Vibration Associated with Music
New noise attenuating window installed
facing 123 Marine Avenue
Noise attenuating paint applied to inside
surfaces of the Village Inn
• Acoustical panels installed
• Curtains installed
• Window controls removed to prohibit
patrons from opening windows
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Village Inn Entertainers
Required to Abide by Volume Standards
• Village Inn has revised the entertainment style
• Maximum of 4 entertainers
• Sound barrier curtains are used along easterly
window
• Speakers relocated to direct sound away from
123 Marine Avenue
How Will Noise Be Further Addressed?
• Double -paned, noise attenuating doors to replace old
single -paned windows along Marine Avenue
• Condition of approval: Southerly window upgraded
to dual- paned with STC rating of 34
• Condition of approval: Doors closed and completely
sealed prior to entertainment; no dining outdoors
after doors closed
How Will Noise Be Further Addressed?
• Outdoor dining patrons will be moved inside prior to
entertainment
• No televisions, amplified music, sound or paging systems
shall be allowed in the outdoor seating area
A 5 -foot high plexiglass (or similar transparent material)
shall be placed at the southerly end of the outdoor seating
How Will Noise be Further Addressed?
• Existing sound "leakage" without weather tight seals
With project:
• Doors will be equipped with all-around, weather -tight seals
and threshold closure system
• Existing door facing 123 Marine will be retrofitted with all-
around, weather -tight door seals and an improved threshold
closure
Senior Code Enforcement Officer,
Cassi Palmer, testified at the December 2015
Planning Commission Hearing that
" ... complaints have been made relative to bass sounds
but they have not violated the City's noise ordinance."
Police Reports Shows
No Recent Noise Violations
Staff report states Police Department report shows
many complaints "unfounded"; when violation noted,
operator notified and issue corrected
Widespread Support
The proposed outdoor dining has support from the
Balboa Island Merchants Association and from
residents surrounding The Village Inn
• Opposition on Marine Avenue is not unanimous;
only 6 homes out of 18 have registered some form of
concern.
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Request Approval of Outdoor Dining
and Policy Lei Waiver