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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) - Staff MemoPo/ r C'gGtF � �P Memorandum 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment To: Mayor and Councilmembers From: Brenda Wisneski, Deputy Community Development Director Date: January 24, 2017 Re: Item #15 Village Inn Staff seeks to modify the draft resolution (Attachment A) as follows: Amend Condition #2 (staff report page 15-15) 2. Use Permit No. UP2016-012 shall expire unless exercised within twenty-four (24) months from the date of approval as specified in NBMC Section 20.54.060, unless an extension is otherwise granted. Use Permit UP2009- 002 and 2012 Live Entertainment Permit, and associated conditions of approval, shall remaining in effect unless amended by this Use Permit. Amend Condition #8 (staff report page 15-15) 8. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26, and all other applicable noise control requirements in the NBMC and Condition 8 of the 2012 Live Entertainment Permit. Section 10.26.035.E shall not apply. In addition, the following conditions of approval are presented for the City Council's consideration: 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. (currently permitted to operate 7am to midnight daily per the 2009 Use Permit) 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 G9astas �tf °7 G,jair 1a�i ��k°i°X lr ari ,t jockeys or similar form of entertainment shall not be allowed. (amends condition # 19 which allows 4 musicians) 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. 4. Televisions shall not be oriented for the purpose of viewing from the public right of way. 5. The outdoor seating area shall not be enclosed in any way, including plastic shielding used for protection from weather elements. Tmplt:-02/05/15