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HomeMy WebLinkAbout3.0_Balboa Inn Hotel_Sienna Restaurant_PA2008-197• CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT March 19, 2009 Agenda Item 3 SUBJECT: Balboa Inn Hotel /Sienna Restaurant — (PA2008-197) 105 Main Street ■ Amendment to Use Permit No. 3158 APPLICANT: Balboa Inn, LLC Michel Pourmussa PLANNER: Jaime Murillo, Associate Planner (949) 644 -3209, jmurilloOcity.newport- beach.ca.us PROJECT SUMMARY The applicant is requesting to amend Use Permit No. 3158 which authorizes an eating and drinking establishment located within the Balboa Inn hotel. The proposed amendment is summarized as follows: • Reduce and reconfigure the floor area allocated for restaurant dining; • Expand the venue for private events with live entertainment to include the use of the covered courtyard; • Extend the hours for private events with live entertainment; • Increase the number of private events with live entertainment permitted per month and remove a restriction that prohibits such events from occurring during the months of July and August; • Allow live entertainment for the patrons of the restaurant within the covered courtyard. Staff recommends that the Planning Commission take the following action: 1. Receive staff report, open public hearing, and receive public comments; and 2. Adopt a resolution (Exhibit 1) approving an amendment to Use Permit No. 3158 subject to the attached findings and conditions. • 0 0 105 Main Street (PA2008 -197) March 19, 2009 L OT 1 O i o, 4r �� �' " Subject A, Property b� . wa. . J GENERAL PLAN ZONING GENERAL PLAN SP-8 (RSC) CURRENT USE SP -8 ON-SITE (GEIF) Plan (SP -8); Retail and RM •�•,. SP- 8(RSC)� Service Commercial S" (RSC) MU -Y P'T Pr SP -8 (RscJ SPJ Ar•� SP-8 (Os) LOCATION GENERAL PLAN ZONING CURRENT USE Central Balboa Specific ON-SITE Mixed Use - Vertical (MU -V) Plan (SP -8); Retail and 34 room hotel, retail uses and a Service Commercial restaurant (RSC) NORTH MU -V SP -8 RSC Retail, office and residential uses MU -V and Public Facilities Balboa Inn expansion project, City SOUTH (PF) SP -8 RSC beach parking, beach, Balboa Pier and Pacific Ocean. EAST Two -Unit Residential (RT) SP -8 RSC Three duplexes and a 3 -story condominium complex. WEST MU -V SP -8 RSC Restaurant and bar, and retail uses- 105 Main Street (PA2008 -197) March 19, 2009 Page 3 of 15 • DISCUSSION Background Use Permit No. 3683 — Hotel Expansion Use Permit No. 3683 was approved by the Planning Commission on January 21, 2001, and later amended on March 6, 2003, authorizing the Balboa Inn hotel to expand onto the 707 E. Ocean Front parcel with 11 new suites, 17 parking spaces, and 1,790 square feet of retail space. As part of those actions, all previous discretionary approvals associated with the 105 Main Street site were rendered null and void, with the exception of Use Permit No. 3158, which permitted the eating and drinking establishment. At the time, the eating and drinking establishment was independently operated by persons other than hotel operator. Use Permit No. 3958— Sienna Restaurant Use Permit No. 3158 was originally approved in 1985 authorizing the eating and drinking establishment. The establishment consists of an indoor bar, a covered courtyard, and two interior dining rooms on the 18� floor; dining areas also exist on the 2nd floor deck (above the covered courtyard) and on the bridge over the E. • Ocean Front sidewalk. In 2004, the applicant (current hotel operator) took ownership of, and began operating, the eating and drinking establishment currently named Sienna. In 2007, the applicant requested an amendment to Use Permit No. 3158 that would authorize the eating and drinking establishment to add live entertainment in the form of a band or disc jockey. The live entertainment was proposed to be incidental to existing food and beverage service, and limited to "private events". Private events were defined as any function not open to the general public and limited to those persons individually invited and for which no admission fee is charged (i.e. weddings, birthday parties, retirement parties, and corporate parties). The applicant also proposed live entertainment within the covered courtyard for the patrons of the restaurant on Saturday and Sunday afternoons, from 3:00 p.m. to 7:00 p.m. Based on staffs recommendation, and testimony from the Police Department and adjacent residents, the Planning Commission approved the applicant's request to add live entertainment and dancing in association with private events and denied the applicant's request for live entertainment for restaurant patrons (Exhibit 2 — Resolution No. 1720). The denial of the applicant's request for live entertainment for restaurant patrons was based on concerns of potential noise complaints and concerns of intensifying the restaurant's parking demand. A number of operational conditions were adopted to control the potential noise and • parking impacts associated with the introduction of live entertainment including: 105 Main Street (PA2008 -197) March 19, 2009 Page 4 of 15 • Live entertainment and dancing are permitted in the interior dining rooms • only. All doors and windows of the dining rooms are required to remain closed at all times during events (Condition Nos. 12, 14, and 20). • . Live entertainment and dancing are prohibited with any other events and uses open to the general public, including the use of a disc-jockey or karaoke (Condition No. 15). • Private events are required to conclude by 10:00 p.m. and any associated live entertainment must conclude by 9:30 p.m., except on Fridays and Saturdays, when such events (including live entertainment) must conclude by 11:00 p.m. (Condition No. 16). • Private events with live entertainment are limited to a maximum of 8 events per month, excluding the months of July and August when such events are prohibited (Condition No. 17). • The existing wrought iron gates located at the entrance of the covered courtyard off E. Ocean Front were required to be replaced with sound attenuating double -pane doors and windows. These doors are required to remain closed at all times during events with live entertainment, amplified music, and/or dancing (Condition Nos. 3 and 13). • A comprehensive security plan was required to be prepared, implemented, • and adhered to for the life of the Use Permit (approved security plan attached as Exhibit 3) (Condition No. 22). The Planning Commission also imposed a one -year review of the operation (Condition No. 26) to ensure live entertainment and dancing did not create any noise or parking impacts and to ensure compliance with the conditions of approval. On May 22, 2008, the Planning Commission reviewed a staff report prepared for the one -year review, which noted that the applicant had complied with all required conditions of approval and that the operation of live entertainment and dancing, as approved, had not proven detrimental to the surrounding neighborhood, nor resulted in increased demand for police resources. At the meeting, the applicant requested a number of changes to the conditions of approval; however, given the extensive changes proposed, staff advised, and the Commission agreed, that a formal amendment to the Use Permit would be required to further process the requested changes. Project Description As the current operator of both the Balboa Inn hotel and Sienna restaurant, the applicant is requesting to amend Use Permit No. 3158 to allow more flexibility with the use of space for private events in order to enhance the marketability of the. venue. Specifically, the applicant is requesting the following modifications to the • Use Permit: 0 105 Main Street (PA2008 -197) March 19, 2009 Page 5 of 15 • • Expand the venue for private events with live entertainment to include the use of the covered courtyard. • Allow the doors connecting the covered courtyard to the bar and interior dining rooms to remain open during private events with live entertainment, thus allowing guests to freely travel between these areas. • Extend the hours for private events with live entertainment. The request includes the ability to operate until midnight, Monday through Thursday, and until 1:00 a.m. on Fridays, Saturdays, and Sundays. • Increase the number of private events with live entertainment from 8 events per month to 12 events per month, including the months of July and August. • Allow live entertainment, not affiliated with a private event, within the covered courtyard for the enjoyment of restaurant patrons. As shown in detail in Tables 1, 2, and 3 of this report, the Zoning Code requires increased parking requirements for restaurants when live entertainment is present. To compensate for the increased parking requirements associated with the introduction of live entertainment in the covered courtyard, the applicant is • proposing to reduce and reconfigure the floor area allocated for restaurant dining as follows (also refer to floor plans attached as Exhibit 4): • The restaurant's total permitted net public area (NPA)' will be permanently reduced from 2,773 square feet to 1,832 square feet (34- percent reduction). To achieve this reduction, the restaurant's interior dining rooms, totaling 1,295 square feet, will be dedicated for hotel banquet use only and prohibited for use as general restaurant dining areas; however, the covered courtyard NPA will be increased by 354 square feet to provide a more functional and flexible dining /banquet space for use by both the hotel and the restaurant (see Tables 9 & 2 below for a comparison of the existing and proposed restaurant floor area allocation and associated parking requirements). • The bridge dining area (315 sq. ft.) will be temporarily closed when there is live entertainment within the covered courtyard. This temporary closure is intended to offset the increased parking requirement associated with live entertainment occurring in the covered courtyard (see Table 3 below for a floor area breakdown and required parking when live entertainment occurs within the covered courtyard). 'Net Public Area (NPA): The total area used to serve customers, including, but not limited to, customer sales and display areas, customer seating areas, service counters, and service queue • and waiting areas, but excluding restrooms and offices, kitchens, storage and utility areas, and similar areas used by the employees of the establishment. io Analysis 105 Main Street (PA2008 -197) March 19, 2009 Page 6 of 15 • Existing Restaurant Operation and Parking Requirements The restaurant is permitted to operate from the hours of 6:00 a.m. to 2:00 a.m. daily under the current conditions of the Use Permit. The Use Permit also limits the restaurant to no more than 1,696 square feet of NPA prior to 3 p.m. This condition was originally imposed to limit the amount of dining area, and thereby patrons with cars, so as not to create excess parking demand in the Balboa lot during the peak afternoon hours. The restaurant also functions as a banquet facility for the hotel. Private events are currently accommodated in both the interior dining rooms and covered courtyard, as well as on the 2nd floor deck and bridge dining areas, consistent with the NPA limitations. Private events with live entertainment and dancing are currently permitted within the interior dining rooms only. Table 1 below provides a breakdown of the currently permitted restaurant operation, including NPA of the various dining areas and parking requirements associated with use of live entertainment in the various dining areas: Restaurant Before 3:00 pm Intenor Dining South 643 Yes 1 space/35 sq. ft. 18.37 Covered Courtyard Dining 286 No 1 space/50 sq. fL 5.72 2m Floor Deck Dining 315 No 1 space /50 sq. ft. 6.3 Bar 452 No 1 s ace750 s . ft. 9.04 Total Before 3:00 m 1,696 39.43 After 3:00 pm Interior Dining (North) 652 Yes 1 space/35 sq. fL 18.63 Bridge Dining 425 No 1 space/50 sq. ft 8.5 Total After 3:00 pm 2,773 Total 2,773 66 spaces n U 2 Properties located within the Central Balboa Speck Plan are subject to the parking requirements of Section 20.45.050(F) which establishes a fixed parking ratio for eating and drinking establishments. For establishments without live entertainment, parking is required at a • ratio of 1 space per 50 sq. ft. of NPA. For establishments where live entertainment is present, parking is required at a ratio of 1 space per 35 sq. ft. of NPA. 21 105 Main Street (PA2008 -197) March 19, 2009 Page 7 of 15 • Proposed Restaurant Operation and Parking Requirements J The tables below provide a breakdown of the applicant's proposed floor area allocation for restaurant use and hotel banquet use, and the parking requirements associated with use of live entertainment in the various dining areas. Specifically, Table 2 illustrates the parking requirement with the use of the covered courtyard as restaurant dining only with no live entertainment present. Table 3 the parking requirement with the use of the covered courtyard with live entertainment present and the closure of the bridge dining area. Restaurant Bar 452 No 1 space/50 sq. ft. 9.04 Covered Courtyard Dinin _ 640 No 1 space /50 sq. ft 12.8 2 Floor Deck Dining 425 No 1 space/50 s . ft. 8.5 Bridge ining 315 No 1 space/50 s . ft. 6.3 Total Restaurant Area 1,832 37 spaces Banquet Interior Dining South) 643 Yes None 0 Only Interior Dinin (North Yes None 0 Total Ban uet Area 1,295 Total 1 3,127 37 spaces • 3 Section 20.66.030 of the Zoning Code establishes a parking requirement of 1 space per 2 guest rooms for hotel uses. Incidental eating, drinking, and banquet service intended for convenience of guests are assumed within this parking requirement and do not require additional parking. 105 Main Street (PA2008 -197) March 19, 2009 Page 8 of 15 Restaurant _ Bar _ Covered Courtyard Dinin Ban uet 452 No 1 space/50 sq. ft 9.04 640 Yes 1 space/35 sq. ft 18.29 2" Floor Deck Dinin 425 No 1 space /50 sq. ft. 8.5 Bridge Dining Temporarily Closed No 1 space /50 sq. ft. 0 Total Restaurant Area 1,517 36 spaces Banquet Only Interior Dining (South Dining Room 643 Yes None 0 Interior Dining (North Dining Room 652 Yes Norte 0 Total Banquet Only Area 1,295 Total 2,812 36 spaces Parking • As shown in the Table 1, the restaurant as currently approved requires a total of • 66 parking spaces. Since the site cannot accommodate any new on -site parking, the Use Permit currently requires the applicant to pay an annual in -lieu parking fee for 24 parking spaces and waives the remaining 42 parking spaces. As shown in Table 2, with the proposed reduction and reconfiguration of floor area allocated for restaurant dining, the parking requirement for the restaurant is reduced to a total of 37 parking spaces (a 44- percent reduction). With the continued payment of the 24 space in -lieu parking fee, the required parking waiver is reduced from 42 spaces to only 13 spaces. The applicant's request to allow regularly occurring live entertainment for restaurant patrons (not associated with a private event) within the covered courtyard is intended to attract additional customers, particularly during the slower non - summer months. When live entertainment occurs within the covered courtyard, the Code required parking is increased. As shown in Table 3, the applicant's proposal to temporarily close the bridge dining area when live entertainment is present within the covered courtyard adequately compensates for the increased parking requirement by reducing the total number of required parking spaces to 36 spaces. It should also be noted that the hotel expansion on the 707 E. Ocean Front parcel provides 17 on -site parking spaces; 11 spaces are required parking for the • additional 11 hotel rooms and retail floor area, and the remaining 5 spaces are 105 Main Street (PA2008 -197) March 19, 2009 Page 9 of 15 • surplus parking dedicated and limited for use by patrons or employees of the existing hotel structure on the 105 Main Street parcel. Noise Since April of 2007, when the Planning Commission approved an amendment allowing live entertainment and dancing in association with private events, staff has not received any noise complaints nor has the Police Department received any calls for service associated with the operation of live entertainment and dancing. The successful control of noise is attributable to the fact that live entertainment was restricted to an area within the interior dining rooms and with the condition that the doors and windows remain closed during performances. The most effective noise control measures, however, were the installation of the double pane sound attenuating doors at the entrance of the covered courtyard off E. Ocean Front and the limits on the hours for private events providing live entertainment. The applicant's request to provide live entertainment within the covered courtyard is a significant issue. The potential noise impact on the property owners and tenants of the adjacent residential duplexes to the west must be given full consideration. • To aid in staffs analysis, the applicant hired Giroux & Associates to prepare sound tests of live and recorded music to determine whether live entertainment can be preformed within the covered courtyard in compliance with the City's Noise Standards (Exhibit 5). The sound tests were conducted on September 17, 2008, using a 4 -piece jazz combo band and a disc-jockey (DJ), both playing music in the location shown on the proposed plans. Noise measurements were taken at several locations on the E. Ocean Front sidewalk, including directly in front of the exit doors leading to E. Ocean Front and in front of each of the three adjacent residential duplexes. Measurements were also taken at the breezeway entrance to the courtyard from Main Street and from across Main Street at several commercial properties. Per Section 10.26.025 (Exterior Noise Standards) of the Municipal Code (Exhibit 6), between the hours of 7:00 a.m. to 10:00 p.m, allowable exterior noise levels are 60 dBA at adjacent residential land uses within 100 feet of the :subject commercial property and 65 dBA at adjacent commercial land uses. After 10:00 p.m., the allowable noise level for adjacent residential land uses is reduced to 50 dBA and the allowable noise level for adjacent commercial land uses is reduced to 60 dBA. In the event the ambient noise level exceeds the maximum permitted noise standard, then the ambient shall be established as the maximum noise standard. • The results of the sound test show that both the live band and recorded DJ music did not exceed the allowable exterior noise levels at adjacent residential uses 105 Main Street (PA2008 -197) March 19, 2009 Page 10 of 15 • and adjacent commercial uses between 7:00 a.m. and 10:00 p.m.; however, the results also show that noise levels exceeded the allowable exterior noise standards at adjacent residential and commercial uses after 10:00 p.m. The test results are summarized in Table 4 below: Closest House Band 56.3 58.5 60 No 50 Yes Closest House DJ 53.5 54.2 60 No 50 Yes Middle House Band 54.4 55.4 60 No 50 Yes Middle House DJ 51.5 52.6 60 No 50 Yes Farthest House Band 54.8 55.9 60 No 50 Yes Farthest House DJ 52.0 52.5 60 No 50 Yes Boardwalk 4' to E. Ocean Front Doors Band 56.3 61.0 65 No 60 Yes Boardwalk 4' to E. Ocean Front Doors DJ 56.3 57.6 65 No 60 No Breezeway at Main St. Band 56.0 59.9 65 No 60 No Breezeway at Main St. DJ 56.2 56.7 65 No 60 No Across Main St. Band 56.1 59.6 65 No 60 No Across Main St. DJ 62.4 62.8 65 No 60 Yes Cabo Cantina Band 56.1 58.9 65 No 1 60 No Cabo Cantina DJ 54.5 54.9 65 No 1 60 No Newport Beach Police Detective Dave Stark was on -site during the sound test to observe the testing and to conduct additional noise measurements. Detective Stark used a handheld sound level meter to take several measurements in and around the business area. His measurements were similar to those of the Giroux & Associates tests. Detective Stark did note that with the doors open, the noise reading directly in front of the doors increased by approximately 15 dBA, highlighting the importance of keeping those doors closed during performances. Hours of Operation r1 Given the results of the sound tests performed by Giroux & Associates, staff does not support the applicant's request for expanded operating hours for private events with live entertainment. Staff also shares the concerns of the Police Department (see Police Department Concerns section of this report) regarding the requested expanded operating hours for private events with live entertainment. Staff believes the current hours of operation conditions are reasonable and can accommodate most typical weddings and private parties. Staff concurs with the Police Department that late night noise generated from the • establishment would result in disturbances to the adjacent neighbors. The current IX 105 Main Street (PA2008 -197) March 19, 2009 Page 11 of 15 • restriction on the hours of operation also reduces the probability that the establishment will transform into a nightclub or lounge in the late evenings. Number of Private Events Permitted Monthly The applicant is requesting to increase the number of private events with live entertainment permitted per month from 8 events to 12 events. The applicant states that this increase is necessary because weddings and other private events are typically held on Fridays, Saturdays, and Sundays. During the hotel's busier months, such as June, they would like the flexibility to fully book the facility for events on all three weekend days. With the permanent reduction in the restaurant's total NPA and provisions to temporarily close the bridge dining area to offset increased parking associated with live entertainment, and with adequate conditions of approval adopted to control noise impacts, staff does not foresee a problem with this request. Prohibition of Private Events during Months of July and August The applicant is currently prohibited from holding private events with live entertainment during the busy summer months of July and August. At the previous use permit hearing, the Planning Commission acknowledged the applicant's desire to attract additional business with the enhancement of private • events with live entertainment; however, the Commission felt that during the peak summer months of July and August, the hotel and the restaurant did not need to rely on revenue from private events. The Planning Commission was also concerned with potential conflicts associated with the many beach visitors and users of the boardwalk. The applicant states that the hotel relies heavily on the ability to hold private events to book hotel rooms, including during the busier summer months. The applicant also states that the parking demand generated by private events at the hotel has not significantly added to that required for regular hotel operations. The applicant has provided the following observations in support of their position: • During the period from May 2007 through April 2008, the hotel hosted 20 private events. • Weddings accounted for 65- percent of all events. • Approximately 70- percent of the wedding guests booked rooms at the hotel. • Of the remaining 30- percent of wedding guests, half arrived by taxi or limousine, and the other half arrived by private automobile with an . average occupancy of three persons per vehicle. 15 105 Main Street (PA2008 -197) March 19, 2009 Page 12 of 15 Staff supports eliminating the prohibition on July and August private events, • subject to reduction in the restaurant's total NPA, the temporary closure of the bridge dining area when private events with live entertainment are occurring within the covered courtyard, and conditions of approval to control noise impacts. Department Comments Newport Beach Police Department Concerns The Newport Beach Police Department provided staff with a report (Exhibit No. 7) expressing significant concerns with the applicant's request for the expanded operating hours for private events with live entertainment. The letter states that the applicant's request presents the potential for a large number of people exiting the establishment at once after attending an event where alcohol is served. This would increase the likelihood of noise generated from the establishment negatively impacting nearby residences and resulting in neighbor complaints. The Police Department states that sworn personnel are currently required to spend a substantial amount of time and resources policing the general area in and around the applicant's location, which is saturated with alcoholic beverage outlets. A majority of the problems encountered in the area include public drunkenness, noise complaints, argument mediation, assaults, thefts, and other public nuisances. The area also experiences heavy vehicular and pedestrian activities on weekends, holidays and during, the summer months. • Economic Development The economic vitality of the Balboa Village business district is highly seasonal and derived mostly from visitor - serving uses, rather than local residents. Many businesses thrive during the summer season; however, during the off - season businesses must draw customers to their establishments by advertising, promotion, and providing facility space for private events. Economic Development staff has reviewed the project and supports the applicant's request. They state that the Balboa Inn is an anchor to the Balboa Village community, contributing both to the economic vitality of Balboa Village and the community at large. The hotel also contributes to City transient - occupancy tax and sales tax revenues, and increases visitor.exposure to the area. General Use Permit Findings Pursuant to Section 20.91.035 of the Municipal Code, the Planning Commission shall approve an application for a use pen-nit if the required use permit findings below are made. The following information is presented in support of the 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. • vt 105 Main Street (PA2008 -197) March 19, 2009 Page 13 of 15 • Facts in Support of Finding: The project is located in the Retail and Service Commercial land use designation of the Central Balboa ,specific Plan District, which is intended to provide the Central Balboa area with commercial services for permanent residents and visitors to the area. Hotel and restaurant uses are permitted within this designation with the approval of a use permit. The existing hotel operates pursuant to Use Permit No. 3683 and the existing restaurant operates pursuant to Use Permit No. 3158. The proposed expansion of live entertainment and dancing in association with the existing hotel and restaurant is consistent with this designation. 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 expanded use of live entertainment within the existing hotel and restaurant, pursuant to the conditions of approval regulating operation and maintenance of the use, is consistent with the Mixed Use Vertical • (MU -V2) land use designation of the General Plan. This designation allows non- residential uses including retail, office, restaurants, and similar uses. The existing hotel, restaurant, and retail uses of the structure are consistent with this designation. In addition to complying with all applicable Municipal Code sections pertaining to the control of noise, the following conditions of approval will ensure the control of potential noise - related problems and prevent the establishment from operating promoted parties and nightclub events open to the public: • The existing sound attenuating double pane doors located at the entry of the covered courtyard off the E. Ocean Front sidewalk shall remain closed at all times during events providing live entertainment, amplified music, and /or dancing. Ingress and egress by patrons and employees shall be prohibited, except for emergencies. Patrons and employees shall be directed to enter and exit the facility from the open breezeway entrance accessed from Main Street. • Existing restrictions on hours of operation shall be maintained requiring private events held within the interior dining rooms to conclude by 10:00 p.m. and any associated live entertainment to conclude by 9:30 p.m., except on Fridays and Saturdays, when such events (including live entertainment) must conclude by 11:00 p.m. • Consistent with the existing restriction on the hours of operation, private events held within the covered courtyard shall conclude by 10:00 p.m. and C5 105 Main Street (PA2008 -197) March 19, 2009 Page 14 of 15 any associated live entertainment shall conclude by 9:30 p.m., seven days • a week. • All doors and windows of the interior dining rooms shall remain closed after 10:00 p.m. on Fridays and Saturdays when live entertainment is permitted to occur until 11:00 p.m. • Live entertainment provided for restaurant patrons shall be restricted to the covered courtyard and shall conclude by 9:30 p.m., seven days a week. • Live entertainment provided for restaurant patrons shall remain an ancillary. use intended to enhance the ambience of dining within covered courtyard. Providing a dance floor or reconfiguring the tables and chairs to provide a dancelassembly area shall not be permitted. • Music levels must be maintained at 85 dBA or less within the covered courtyard and shall be periodically measured by the manager with a sound level meter maintained on the premises. • To ensure that the expansion of live entertainment and dancing into the covered courtyard area does not result in significant problems or noise • impacts, a one -year review of the operation shall be conducted. The Planning Director may initiate a review in the interim if significant problems are identified. 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: The Central Balboa Specific Plan requires an increased parking requirement for eating and drinking establishments providing live entertainment; however, as previously discussed the proposed reconfigunetion of floor area allocated for restaurant dining and hotel banquet use results in a decrease in parking requirements. The project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized to the greatest extent possible. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities). • J� • • • 105 Main Street (PA2008 -197) March 19, 2009 Page 15 of 15 Public Notice Notice of this review was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. CONCLUSION Based on the sound test performed by Giroux & Associates and the observations of Detective Dave Stark as to noise impacts, it is staffs opinion that the project, as conditioned, would not prove detrimental to the adjacent residential uses and is compatible with and complements the surrounding commercial area of the Balboa Village. The applicant's proposal to permanently reduce the restaurant's total NPA provides a balanced restaurant/banquet venue that reduces the total parking demand. The applicant's proposal to temporarily close the bridge dining area when live, entertainment is performed in the covered courtyard further reduces the impact on public parking that the expanded use of live entertainment may generate. ALTERNATIVE ACTION Should the Planning Commission conclude that the project, as proposed, would not be compatible with the surrounding uses and would prove detrimental to the adjacent residential uses, the Planning Commission should direct staff to prepare findings and a resolution denying the amendment request and return at the next Planning Commission meeting date with such resolution for adoption. Prepared by: Mme Murillo, Associate Planner Submitted by: David Lepo, r ing Director EXHIBITS 1. Draft Resolution of Approval 2. Planning Commission Resolution No. 1720 3. Comprehensive Security Plan 4. Proposed Plans 5. Giroux & Associates Sound Test Report 6. City's Noise Standards 7. Police Department Report FAUsers\PLN\Shared\PA's\PAs - 2008XPA2008- 19-APA2008 -197 PCrpt 031809.docx 11 • • Exhibit 1 Resolution of Approval • 11 • RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3158 FOR AN EXISTING EATING AND DRINKING ESTABLISHMENT LOCATED AT 105 MAIN STREET PERMITTING THE RECONFIGURATION OF FLOOR AREA ALLOCATED FOR RESTURANT DINING, THE INTRODUCTION OF LIVE ENTERTAINMENT WITHIN THE COVERED COURTYARD FOR PRIVATE EVENTS AND GENERAL RESTAURANT USE, AND THE MODIFICATION OF CONDITIONS OF APPROVAL RELATED TO LIVE ENTERTAINMENT (PA 2008 -197) WHEREAS, an application was filed by Balboa Inn LLC, with respect to property located at 105 Main Street, and legally described as Lots 12, 13, 14, 15 & 16 in Block 10 of the Balboa Tract, requesting an approval of an amendment to Use Permit No. 3158 to: 1) reduce and reconfigure the floor area allocated for restaurant dining; 2) expand the venue for private events with live entertainment to include the use of the covered courtyard; 3) extend the hours for private events with live entertainment; 4) increase the number of private events with live entertainment permitted per month and remove a restriction that prohibits such events from occurring during the months of July and August; and 5) allow live entertainment for the patrons . of the restaurant within the covered courtyard; and 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 proposed reduction and reconfiguration of floor area allocated for restaurant dining reduces the total number of required parking spaces for the establishment to 37 spaces (previously 66 parking spaces required). Also, the temporarily closure of the bridge dining area when live entertainment is present within the covered courtyard adequately compensates for the increased parking requirement by reducing the total number of required parking spaces to 36 spaces. With the continued payment of the 24 space in -lieu parking fee, the required parking waiver is reduced to 13 spaces; and WHEREAS, a use permit 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: 1. 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 land use designation of the Central Balboa Specific Plan District, which is intended to provide the Central Balboa area with commercial services for permanent residents and a`ti Planning Commission Resolution No. Page 2 of 9 visitors to the area. Hotel and restaurant uses are permitted within this designation • with the approval of a use permit. The existing hotel operates pursuant to Use Permit No. 3683 and the existing restaurant operates pursuant to Use Permit No. 3158. The proposed expansion of live entertainment and dancing in association with the existing hotel and restaurant is consistent with this designation. 2. 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: a. The expanded use of live entertainment within the existing hotel and restaurant, pursuant to the conditions of approval regulating operation and maintenance of the use, is consistent with the Mixed Use Vertical (MU -V2) land use designation of the General Plan. This designation allows non - residential uses including retail, office, restaurants, and similar uses. The existing hotel, restaurant, and retail uses of the structure are consistent with this designation. b. Noise impacts and disturbances do affect the neighboring residential units, and • without proper controls can prove detrimental to the surrounding community. By establishing proper controls and conditions, potential noise impacts will be minimized. In addition to complying with all applicable Municipal Code sections pertaining to the control of noise, a number of conditions contained in Exhibit "A" have been adopted to control potential noise - related problems and prevent the establishment from operating promoted parties and night club events open to the public. c. Live entertainment and dancing provided in association with a private event is not anticipated to increase the parking demand of the facility or further impact the parking availability for the area. Expanding the venue of private events with live entertainment into the covered courtyard would serve to enhance these events and improve marketing of the venue, but not necessarily increase attendance at any single event. ., d. The regular occurring live entertainment within the covered courtyard for restaurant patrons is intended to attract additional customers, particularly during the slower non - summer months. The reduction of the restaurant's total net public floor area provides a balanced restaurant/banquet venue that reduces the total parking demand. Also, the temporary closure of the bridge dining area when live entertainment is performed in the covered courtyard further reduces the impact on public parking that the expanded use of live entertainment may • generate. 0 Planning Commission Resolution No. Page 3 of 9 • 3. 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: The Central Balboa Specific Plan requires an increased parking requirement for eating and drinking establishments providing live entertainment; however, the proposed reconfiguration of the dining areas results in a decrease in parking requirements. The project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized to the greatest extent possible. WHEREAS, the economic vitality of the Balboa Village business district is highly seasonal and derived mostly from visitor - serving uses, rather than local residents. Many businesses thrive during the summer season; however, during the off - season businesses must draw customers to their establishments by advertising, promotion, and providing facility space for private events. The Balboa Inn is an anchor to the Balboa Village community, contributing both to the economic vitality of Balboa Village and the community at large. The hotel contributes to City transient-occupancy tax and sales tax revenues, as well as increases visitor exposure to the area; and WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA); and • WHEREAS, the requested expanded hours of operation for private events with live has been denied for the following reasons: 1. The results of the sound test performed by Giroux & Associated on September 17, 2008, show that both the live band and recorded DJ music exceed the City's allowable exterior noise standards at adjacent residential and commercial uses after 10:00 p.m. 2. The current hours of operation conditions are reasonable and can accommodate most typical weddings and private parties. The current restriction on the hours of operation also reduces the probability that the establishment will transform into a night club or lounge in the late evenings. 3. The Police Department cites that sworn personnel are currently required to spend a substantial amount of time and resources policing the general area in and around the applicant's location, which is saturated with alcoholic beverage outlets. A majority of the problems encountered in the area include public drunkenness, noise complaints, argument mediation, assaults, thefts, and other public nuisances. The area also experiences heavy vehicular and pedestrian activities on weekends, holidays and during the summer months. 4. The Police Department states that requested expanded hours of operation for private • events create the potential for a large number of people exiting the establishment at once after attending an event where alcohol is served. This would increase the 17N Planning Commission Resolution No. 4of9 likelihood of noise generated from the establishment negatively impacting nearby • residences and resulting in neighbor complaints. NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves the amendment to Use Pen-nit No. 3158, subject to the Conditions set forth in Exhibit "K. 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. PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MARCH 2009. LM AM Scott Peotter, Chairman Barry Eaton, Secretary 0 NOES: • • Xq Planning Commission Resolution No. Paae 5 of 9 • EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 3158 Project Specific Conditions 1. The development shall be in substantial conformance with the approved floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The amendment to Use Permit No. 3158 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The existing sound attenuating double pane doors located at the entry of the covered courtyard off the E. Ocean Front sidewalk shall remain closed at all times during events providing live entertainment, amplified music, and /or dancing. Ingress and egress by patrons and employees shall be prohibited, except for emergencies. Patrons and employees shall be directed to enter and exit the facility from the open breezeway entrance accessed from Main Street. • 4. The operation of the restaurant shall be restricted to the hours between 6:00 a.m. and 2:00 a.m. daily. 5. That a minimum 3- foot -wide space shall be maintained between the edge of the bridge over the East Ocean Front sidewalk and any tables and chairs. (1986 Condition) 6. That a minimum 3- foot -wide space shall be maintained between the edge of the buildings and any tables and chairs in the outdoor dining areas. (1986 Condition) 7. That all outdoor dining areas shall be clearly defined by poles and ropes, or other means approved by the Planning Department. (1986 Condition) 8. That the second floor tables and chairs shall be arranged so that they will not obstruct access to rooms or stairways. (1986 Condition) 9. That twenty -four (24) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the preliminary restaurant use and that the annual fee for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. (1986 Condition) 10.Prior to instituting food service on the bridge over the City -owned East Ocean Front sidewalk, the applicant shall enter into an agreement with the City Attorney that fully • protects the City against any loss or damage from injuries that are in any way related to the intensification of the use of the bridge. (1986 Condition) J Planning Commission Resolution No. Page 6 of 9 11. All doors and windows of the interior dining rooms shall remain closed after 10:00 p.m. • on Fridays and Saturdays when live entertainment is permitted to occur until 11:00 p.m., except for ingress and egress of patrons and employees. Additionally, the doors shall be equipped with self - closing hinges. 12. The use of live entertainment shall be permitted in the interior dining rooms and the covered courtyard only, as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit issued by the City Manager. Such activities shall be prohibited within the bar and second floor deck and bridge dining areas. 13. Except as permitted by Condition Nos. 14 and 15, live entertainment and dancing shall be permitted in conjunction with private events only. The use of live entertainment and dancing shall be prohibited for any other events and uses open to the general public, including the use of a disc jockey or karaoke. For the purposes of this condition, private events are defined as any function which is not open to the general public and limited to those persons individually invited and for which no admission charge is made (i.e. weddings, birthday parties, retirement parties, and corporate parties). 14. Live entertainment provided for restaurant patrons shall be restricted to the covered courtyard only and shall conclude by 9:30 p.m., seven days a week. 15. Live entertainment provided for restaurant patrons shall remain an ancillary use intended to enhance the ambience of dining within the covered courtyard. Providing a • dance floor or reconfiguring the tables and chairs to provide a dance /assembly area shall not be permitted. 16. Music levels must be maintained at 85 dBA or less within the covered courtyard and shall be periodically measured by the manager with a sound level meter maintained on the premises. 17. Private events held within the interior dining rooms shall conclude by 10:00 p.m. and any associated live entertainment shall conclude by 9:30 p.m., except on Fridays and Saturdays when such events (including live entertainment) must conclude by 11:00 p.m. 18. Private events held within the covered courtyard shall conclude at 10:00 p.m. and any associated live entertainment shall conclude at 9:30 p.m:; seven days a week. 19. Private events with live entertainment shall be limited to a maximum of 12 events per month. 20.The use of strobe lights or other special lighting effects that are determined to produce visual impacts to the neighboring uses and residents are prohibited. (2007 Condition) 21.Dancing is permitted within the interior dining rooms and covered courtyard, as • depicted on the approved set of plans, in association with private events only. AJIP Planning Commission Resolution No. Pape 7 of 9 0 22. Prior to the introduction of live entertainment. or the issuance of a Live Entertainment Permit, the applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the Use Permit. (2007 Condition) 23. Two exits shall be provided within each interior dining room area. In -lieu of providing two exits within each room, the existing interior partition separating the two interior dining rooms shall be removed. (2007 Condition) 24.That the on -site development standards as they apply to walls, landscaping, parking lot illumination, a portion of the required parking and utilities, are waived. (1986 Condition) 25.The operation of live entertainment and dancing shall be reviewed by the Planning Commission 1 year from the effective date of this approval. The Planning Commission shall have the right to modify the terms and conditions of Use Permit No. 3158 by imposing new or revised conditions related to the operation of live entertainment and dancing. The Planning Director may initiate a review in the interim if significant problems are identified. Standard Conditions • 26.The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 27.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. 28. 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. 29.Any change in operational characteristics, hours of operation, 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. 30. 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. • 31.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. 1.1 Planning Commission Resolution No. Page 8 of 9 32. Should this business be sold or otherwise come under different ownership, any future • owners or assignees shall be notified of the conditions of this approval by the current owner or leasing company. 33. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, live entertainment, pre - recorded amplified music, food service operations, and mechanical equipment. 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. 34. No outside paging system shall be utilized in conjunction with this establishment. 35.AII trash shall be stored within the building or within dumpsters stored in the trash enclosure. 36. 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. 37. 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. 38. 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). 39. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specified by Title 20 by providing self- locking gates. 40. 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 '3y the Planning Director, and may require an amendment to this Use Permit. 41. 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. 42. 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. '1. Planning Commission Resolution No. Paae 9 of 9 • 43. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 44.AII exits shall remain free of obstructions and available for ingress and egress at all times. 45. Strict adherence to maximum occupancy limits is required. 46.AII owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 0 47. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 48.That a washout area for the restaurant's trash containers shall be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains, unless otherwise approved by the Building Department. (1985 Condition) 49.That grease interceptors shall be installed on all fixtures in the restaurant facilities where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building Department. (1985 Condition) • 1A, 0 LJ Exhibit 2 Planning Commission Resolution No. 1720 0 1. • RESOLUTION NO. 1720 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT NO. 3158 PERMITTING LIVE ENTERTAINMENT AND DANCING AND A PARKING WAIVER FOR AN EXISTING RESTAURANT LOCATED AT 105 MAIN STREET (PA 2006 -270) WHEREAS, an application was filed by Balboa Inn LLC, with respect to property located at 105 Main Street, and legally described as Lots 12, 13, 14, 15 & 16 in Block 10 of the Balboa Tract, requesting an approval of an amendment to Use Permit No. 3158 to permit live entertainment and dancing within an existing restaurant use and a waiver of 11 parking spaces associated with the introduction of live entertainment; and WHEREAS, a public hearing was held on April 19, 2007, 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 subject property is located within the Central Balboa Specific Plan and is subject to the parking requirements of Section 20.45.050(F) which establishes a fixed parking •ratio for eating and drinking establishments with and without live entertainment. With the introduction of live entertainment within the interior dining rooms (1,295 sq. ft. NPA), the restaurant would be required to provide an additional 11 parking spaces. Since the site cannot accommodate any off- street parking, a waiver is therefore needed for the 11 parking space increase; and WHEREAS, a Use Permit for the 11 space parking waiver has been prepared and approved in accordance with Section 20.66.100 (Modification or Waiver of Off -Site Parking Requirements) of the Newport Beach Municipal Code based on the following findings and facts in support of such findings: 1. Finding: That municipal parking facility is so located as to be useful in connection with the proposed use or uses on the site or sites. Facts in Support of Finding: A large municipal parking facility is located directly south of the property and is the primary parking for beach visitors and for the commercial uses of the Balboa Village. During the evening hours, the public parking lot is not heavily used by beach visitors and the municipal parking facility should be able to accommodate the parking demand of the project, as conditioned, without impacting public parking spaces available for coastal access. 2. Finding: The parking demand will be less than the requirement in Section 20.66.030. • Facts in Support of Finding: M Planning Commission Resolution No. _ Page 2 of 10 a. The restaurant is an integral part of the hotel itself, and when wedding receptions• and other private events occur, the restaurant actually functions more like a banquet facility for the hotel. b. Typically, hotels are permitted to include accessory restaurants and banquet facilities without providing increased parking, since these activities are normally associated with hotel operations. c. Private events not providing live entertainment and dancing are currently permitted activities. The addition of live entertainment for these private events would serve to enhance these events and improve marketing of the venue, but not necessarily increase attendance at any single event. d. A parking requirement of 1 space per 50 square feet of net public area would be more realistic in this case. Therefore, the parking demand is less than the 1 space per 35 square feet of net public area required by the Central Balboa Specific Plan parking requirements and does not exceed the restaurant's current demand for parking in association with these events. 3. Finding: The probable long -term occupancy of the building or structure, based on its design, will not generate additional parking demand. Facts in Support of Finding: The long term occupancy of the restaurant space, based on • its design and as conditioned, is not anticipated to generate any additional parking demand. The principal operation of the use will remain a restaurant, and its use by the hotel as a banquet facility for private events will remain an accessory use; and WHEREAS, a Use Permit for the introduction of live entertainment and dancing 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: 1. 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) land use designation of the Central Balboa Speck Plan (SP-8) District which is intended to provide the Central Balboa area with commercial services for permanent residents and visitors of the area. Hotel and restaurant uses are permitted within this designation with the approval of a Use Permit. The current restaurant and bar use operate pursuant to Use Permit No. 3158, and the introduction of live entertainment and dancing in association with the existing restaurant is consistent with this designation. 2. 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 is �I l Planning Commission Resolution No. _ Page 3 of 10 • 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: a. The introduction of live entertainment and dancing within the existing restaurant, pursuant to the conditions by which it will be operated and maintained, is consistent with the Mixed Use Vertical (MU -V2) land use designation of the General Plan. This designation allows non - residential uses including retail, office, restaurants, and similar uses. The existing hotel, restaurant, and retail use of the structure is consistent with this designation. Noise impacts and disturbances do affect the neighboring residential units, and without proper controls can prove detrimental to the surrounding community. By limiting live entertainment and dancing to private events only and establishing proper controls and conditions, potential noise impacts will be minimized. In addition to complying with all applicable Municipal Code sections pertaining to the control of noise, a number of conditions as in Exhibit "A" have been adopted to control potential noise related problems and prevent the establishment from operating promoted parties and night club events open to the public. c. Live entertainment and dancing provided only in association with a private event is is not anticipated to increase the parking demand of the facility or further impact the parking availability for the area. The addition of live entertainment for these private events would serve to enhance these events and improve marketing of the venue, but not necessarily increase attendance at any single event. 3. 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: The Central Balboa Specific Plan requires an increased parking requirement for eating and drinking establishments providing live entertainment. However, the project as conditioned only permits live entertainment and dancing in conjunction with private events to enhance and supplement the hotel's existing banquet operation; therefore, the parking demand will not be as high as a separate restaurant operation, nor exceed the restaurant's current demand for parking, supporting a waiver of the parking increase associated with the introduction of live entertainment. Additionally, the project has been reviewed and conditioned to ensure that conflicts with surrounding land uses are minimized to the greatest extent possible. WHEREAS, Coastal Land Use Polices 2.9.3 -1 and 2.9.3 -2 require properties with non- conforming parking to provide code required off -street parking when new uses result in increased parking demand and requires the City to deny applications for waivers of off - street •parking requirements that are found to impact public parking available for coastal access. The introduction of live entertainment and dancing requires 11 additional parking spaces that cannot be provided on -site; however, the findings necessary to approve the parking waiver can be � �i e Planning Commission Resolution No. _ Page 4 of 10 made consistent with these policies. Live entertainment and dancing provided in association is with private parties only is not anticipated to increase the parking demand of the facility or further impact the parking availability for the area, as the addition of live entertainment would serve only to enhance these currently permitted events, and will not necessarily increase attendance; and WHEREAS, the economic vitality of the Balboa Village business district is highly seasonal and derived mostly from visitor- serving uses, rather than local residents. Many businesses thrive during the summer season; however, during the off - season businesses must draw customers to their. establishments by advertising, promotion, and providing facility space for private events. The Balboa Inn fits the business pattern described above and has relied on weddings and other private events as a part of their business model. Private events are commonplace in hotels and inns in Newport Beach and throughout the coastal zone. The Balboa Inn has also invested a significant amount of resources with an expansion and remodel. A severe restriction or elimination of this activity would significantly impact their business and possibly adjoining businesses as well; and WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the Implementing Guidelines of the California Environmental Quality Act (CEQA); and WHEREAS, the requested live entertainment and dancing proposed on weekend • afternoons for the general public has been denied for the following reasons: 1. Between the hours of approximately 11 a.m. and 6 p.m. (8:00 p.m. in summer), the municipal lot is filled to capacity by beach visitors and boat charters. Providing live entertainment on a regular basis for the customer's enjoyment would attract more customers, in turn, generating an increased parking demand. This would negatively impact public parking resources and is inconsistent with Coastal Land Use Policy 2.9.3 -2. 2. The Police Department cites that they are required to spend a substantial amount of time and resources policing the general area in and around the applicant's location, where a majority of the problems encountered include public drunkenness, noise complaints, argument mediation, assaults, thefts, and other public nuisances. Weekend afternoon events open to the public attract increased visitors to the bar, which can lead to increased calls for service and increase the demand for law enforcement. NOW THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves the amendment to Use Permit No. 3158, subject to the Conditions set forth in Exhibit "K. 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. `)'P Planning Commission Resolution No. is Of 10 PASSED, APPROVED AND ADOPTED THIS 19th DAY OF APRIL 2007. AYES: Eaton, Hawkins, Cole, McDaniel and Hill ren EXCUSED: Peotter and Toercie is is �1 Planning Com�ission Resolution No. _ Page 6 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDMENT TO USE PERMIT NO. 3158 Project Specific Conditions 1. The development shall be in substantial conformance with the approved floor plans stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The amendment to Use Permit No. 3158 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The existing wrought iron gates located at the entrance of the courtyard off E. Ocean Front shall be replaced with sound attenuating double pane doors and windows and installed with panic hardware. The design of the doors shall be reviewed and approved by the Planning Director, prior to Building Permit issuance. These improvements shall be completed by May 15, 2007. • 4. The operation of the restaurant shall be restricted to the hours between 6:00 a.m. and 2:00 a.m. daily. The total combined "net public area" of the interior dining rooms, cocktail • lounge, outdoor dining and courtyard area shall not exceed 1,696 sq. ft. prior to 3:00 p.m. After 3:00 p.m., the total combined "net public area° shall not exceed Z 773 sq. R. at one time. 5. That the barrier used to define the limits of the outdoor dining area and the portion of the restaurant that will be used prior to 3:00 p.m. shall be approved by the Planning Department. (1985 Condition) 6. That a minimum 3- foot -wide space shall be maintained between the edge of the bridge over the East Ocean Front sidewalk and any tables and chairs. (1986 Condition) 7. That a minimum 3 -foot -wide space shall be maintained between the edge of the buildings and any tables and chairs in the outdoor dining areas. (1986 Condition) 8. That all outdoor dining areas shall be clearly defined by poles and ropes, or other means approved by the Planning Department. (1986 Condition) 9. That the second floor tables and chairs shall be arranged so that they will not obstruct access to rooms or stairways. (1986 Condition) 10.That twenty-four (24) in -lieu parking spaces shall be purchased from the City on an annual basis for the duration of the preliminary restaurant use and that the annual fee • for said parking shall be in accordance with Section 12.44.125 of the Newport Beach Municipal Code. (1986 Condition) �i� Planning Commission Resolution No. _ Paae 7 of 10 • 11. Prior to instituting food service on the bridge over the City-owned East Ocean Front sidewalk, the applicant shall enter into an agreement with the City Attorney that fully protects the City against any loss or damage from injuries that are in any way related to the intensification of the use of the bridge. (1986 Condition) 12.All doors and windows of the dining room areas shall remain closed at all times during events, except for ingress and egress of patrons and employees. Additionally, the doors shall be equipped with self- closing hinges. 13. The doors off East Ocean Front shall remain closed at all times during events providing live entertainment, amplified music, and /or dancing. Ingress and egress by patrons and employees shall be prohibited, except for emergencies. 14. The use of live entertainment shall be permitted in the interior dining room areas only, as depicted on the approved set of plans, upon receipt of a Live Entertainment Permit issued by the City Manager. Such activities shall be prohibited within the courtyard area and second floor patio areas. 15. Live entertainment and dancing shall be permitted in conjunction with private events only. The use of live entertainment and dancing shall be prohibited for any other events and uses open to the general public, including the use of a diso-jockey or karaoke. For the is purposes of this condition, private events are defined as any function which is not open to the general public and limited to those persons individually invited and for which no admission charge is made (i.e. weddings, birthday parties, retirement parties, and corporate parties). 16. Private events shall conclude at 10:00 p.m. and any associated live entertainment shall conclude at 9:30 p.m., except on Fridays and Saturdays where such events (including live entertainment) shall conclude at 11:00 p.m. 17. Private events providing live entertainment shall be limited to a maximum of 8 events per month, excluding the months of July and August where such events shall be prohibited. Exception: The 5 events currently scheduled during the months of July and August 2007 shall be permitted to continue, subject to all other conditions of approval. 18. The use of strobe lights or other special lighting effects that are determined to produce visual impacts to the neighboring uses and residents are prohibited. 19. Background music on any of the outdoor patios, dining areas, lounges, or waiting areas is prohibited. 20. Dancing is permitted in the interior dining room areas only, as depicted on the approved set of plans. • 21. Dancing is prohibited within the courtyard area, bar, or outdoor patios, unless authorized by a special events permit or an amendment to the Use Permit. Lail Planning Commission Resolution No. _ Page 8 of 10 22. Prior to the introduction of live entertainment or the issuance of a Live Entertainment • Permit, the applicant shall submit a comprehensive security plan for the permitted uses for review and approval by the Newport Beach Police Department. The procedures included in the plan and any recommendations made by the Police Department shall be implemented and adhered to for the life of the Use Permit. 23. Two exits shall be provided within each interior dining room area. In -lieu of providing two exits within each room, the existing interior partition separating the two interior dining rooms shall be removed. 24.An exiting analysis shall be provided forthe review and approval of the Building and Fire Departments. Analysis shall include occupant load of all spaces, number of exits; exiting paths, and door hardware. Analysis should illustrate what is existing, what is required by Code, and what is proposed. 25-That the on -site development standards as they apply to walls, landscaping, parking lot illumination, a portion of the required parking and utilities, are waived. (1986 Condition) 26.The operation of live entertainment and dancing shall be reviewed by the Planning Commission 1 year from the effective date of this approval (May 3, 2007). The Planning Commission shall have the right to modify the terms and conditions of Use • Permit No. 3158 by imposing new or revised conditions related to the operation of live entertainment and dancing. The Planning Director may initiate a review earlier than 1 year from the effective date of approval if significant problems are identified. Standard Conditions 27. The project is subject to all applicable City ordinances, "policies, and standards, unless specifically waived or modified by the conditions of approval. 28.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. 29. 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. 30.Any change in operational characteristics, hours of operation, 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. • Planning Commission Resolution No. _ Pape 9 of 10 • 31.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. 32.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. 33. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be noted of the conditions of this approval by the current owner or leasing company. 34. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, live entertainment, pre - recorded amplified music, food service operations, and mechanical equipment. 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. 35. No outside paging system shall be utilized in conjunction with this establishment. 36.AII trash shall be stored within the building or within dumpsters stored in the trash • enclosure. 37. 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. 38. 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. 39. 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). 40. Prior to the final of building permits, the refuse storage facilities should be upgraded to meet the requirements specified by Title 20 by providing self - locking gates. 41. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., daily, unless otherwise approved by the Planning Director, and may require an amendment to this Use Permit. Lk Planning Commission Resolution No. _ Page 10 of 10 42. Storage outside of the building in the front or at the rear of the property shall be is prohibited, with the exception of the required trash container enclosure. 43. No background music shall be allowed on any of the outdoor patios, dining areas, lounges or waiting areas. 44.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. 45.Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in-any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 46.AII exits shall remain free of obstructions and available for ingress and egress at all times. 47. Strict adherence to maximum occupancy limits is required. 48.AII owners, managers and employees selling alcoholic beverages shall undergo and is successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 49. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and. areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. 50.That a washout area for the restaurant's trash containers shall be provided in such a way as to insure direct drainage into the sewer system and not into the Bay or the storm drains, unless otherwise approved by the Building Department. (1985 Condition) 51.That grease interceptors shall be installed on all fixtures in the restaurant facilities where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Building • Department. (1985 Condition) U 0 0 Exhibit 3 Comprehensive Security Plan 0 q3 "- 5/14/2007 15:25 949673' '7 BALBOA INN PAGE 02 f ON TII)z SAN]) AT NEWPORT The Balboa Inn provides the following policies and procedures for its employees and security staff with respect to private parties and events: Always be alert and aware of your surroundings and what's going on inside the restaurant and banquet rooms. Look for any potential problems. Always avoid any commotion or loud scenes. Always kindly, verbally diffuse situations. Staff should always remain calm, cool, patient, and polite, even with rude and obnoxious guests. Do a quick walk through and survey the restaurant and banquet rooms, looking for anything or anyone out of place or uninvited guests. Always position yourself outside the entrances where you can be seen by potential guests, city officials, police/fire dept., or other passers by. (Presence is very important, so do not leave the entrances unattended) • Keep entry /exit points clear of people, stools, or anything else that prevents safe entry or exit. Make sure Balboa Inn/Siem patrons, waiting to enter, exiting, or outside smoking do not block or interfere with regular trd& on the sidewalk or boardwalk. Also ensure that the Patrons are quiet while on the boardwalk. Everyone must show valid, government issued I.D for the purchase of alcohol each and every time they enter, regardless if they are a regular, your best friend, family, if the have already presented to you, or just stepped out, in order to prevent I.A. Passing. If you question an I.D.'s validity or authenticity, check the I.D. book Always make sure the description on the I.D. matches the person. Never comment, joke or laugh at an I.D. in quesdom You may be insulting a guest or accepting responsibility for admitting an invalid I.D. unknowingly. Intoxicated customers may not come in to the restaurant or banquet rooms. Kindly turn them away, and ask them to return another time. Never be rude or demeanbtrg. Intoxicated or over intoxicated guests are not the restaurant or hotels burden, they are our responsibility. Always treat guests courteously, offering assistance to ensure they make it home safely. Offer to call a cab, i&iend or family member, and give water, juice, coffee, or napkins as may be necessary. The number for a cab company should be programmed • into your cell phone. 105 MAIN STREET • BALBOA. CALIFORNIA 92661 • (949) 675 -3412 • Fax (949) 673.45 87 www.balboainn.com E -mail: info@baiboainn.com �� 05/14/2007 15:25 94967?n587 BAL130A INN PAGE 03 ON THE SAND AT NEWPORT If one or more guests Rre acting unruly, treat them respectfully and ask them to act in a manner which will allow them to enjoy themselves safely. If they cannot, ask them to Please leave and come back another time. Never initiate a confrontation or intimidate them with physical oontam Never lick guests out; tactfully ask them to leave. Absolutely no beverages outside (water, coke, juices, etc.). Look for any guests sneaking drinks out, etc. Absolutely no drug use in or around restaurant or hotel If tbere are any undesirable people (gangs, vandals, etc) on the beach, boardwalk, Pier etc., use a cell Phone to report them to the police. I£there are my persons or group not able to get along, separate them into di;El'erent rooms. If they must be asked to leave, separate thew to dif%Tent exits. Make sure all drinks are pulled and all guests are out of the building by closing time quietly disperse the crowd outside at close. Reduce overall crime throughout the neighborhood and reduce noise, unlawful littering, • trespassing, loitering, graffiti, disorderly conduce. Observe and report illegal activity in a non - confrontational way. Increase perception of security among neighborhood residents, clients, worker, and tourists. Provide an image of a We and inviting environment that offm additional security personnel and Public relations to the neighborhood. All Managers & Ivey Personal shall know and efforce the occupancy limit for each room. During all private Parties and events, at least one security personal shall be present to ensure the safety of all guests and enforcement of rules and regulations mentioned above. • 105 MAIN STREET • BA1 BOA, CALTFORNIA 92661 • (949) 675 -3412 •,Pax (949) 673 -4587 r,�_ www.balboalnn.com E-mail: info @balboainn.com q/6 0 0 Exhibit 4 Proposed Plans 0 t-I §j !33?J s mn � t 2N % - w &•! AlVM3GlS 7 _ma _ )\ 3 1 w- a » \ -- ( ! CL D L \ \ § « 0 m x� \ ; @ - - is O OOD . A OY \ . » - - . . . \ 4 LL \ \} ,� � \ � §j $ IN m��f�QY OL lu y p V Z 4Q IS I cc IL w Z �d IL A I.:InuY:i p 8 U Y f � }4 f f' 1. } 1. r. �3 I �i ri 4. ;a 3" r m �sm a L RL �Q U-zw °zzD D�a 0 z o o � w a U) a� ik E- J IL s Z. Rai s 0 O O 0 d O 0 • • • � N N NON w f 1 o A Q t F s u z o z a J w u w w B o w 7 o o ! o m �sm a L RL �Q U-zw °zzD D�a 0 z o o � w a U) a� ik E- J IL s Z. Rai s 0 O O 0 d O 0 • • • Ice J-1 IL IL Tr I 4 im z IL 0. - Uz Q 5,. IL K TTJ- 1 F Fr... it I- 9 M. I N Ppi NSF NMin D Lo tL Zw 00 zz tu L tn x :z -6 :) �o T J P LS !Ea go 65, O O O Vda uj ci '51 LU LU Aklk- cl OL xv/;k . . HUv g l - lll - 0 0 o 6 Id C.k O !E LLI E C� Exhibit 5 Giroux & Associates Sound Test Report 0 53 Giroux & Associates Environmental Consultants December 16, 2008 Mr. Michel Pourmussa The Balboa Inn 105 Main Street Newport Beach, CA 92661 Subject: Courtyard Music Sound Test Dear Mr. Pourmussa: RECEIVED BY PLANNING DEPARTMENT DEC 29 2008 CITY OF NEWIDOPT BEACH At your request, we conducted a sound test of live and recorded music at the above address on September 17, 2008. We monitored sound levels with two LDL Model 700 digital sound level meters equipped with upgraded pre - amplifiers and microphones. The meter upgrades increase the accuracy from Type 2 (ambient grade) to Type 1 (laboratory grade). The City of Newport Beach has established property line noise standards for sound crossing from one property to another. Section 10.26.025 of the Municipal Code establishes standards for residential and commercial property lines. The noise standards are expressed as an "equivalent noise level" called LEQ not to be exceeded for more than a 15 minutes period at any point on the adjacent property. These standards distinguish between daytime (7 am. — 10 p.m.) and nocturnal (10 p.m. — 7 am.) noise generation. The standard also allows for an upward adjustment if baseline noise levels are already high. In mixed -use environments when residential uses are located within 100 feet of a commercial property, the applicable ordinance standards are as follows: Noise Zone III 7 am. — 10 p.m. 60 dB 10 p.m. — 7 a.m. 50 dB Measurements were made with a 4 -piece jazz combo playing at the western end of the outdoor courtyard area. The loudspeaker orientation was westerly toward the far set of doors leading to the boardwalk. One meter was placed at several locations on the boardwalk both directly in front of the exit door and then in front of each of the three homes with boardwalk frontage north of the Balboa Inn. A second meter monitored noise levels at the breezeway entrance between the inn office and sleeping rooms, as well as across Main Street at several commercial properties. 1820 E. Garry Street, Santa Ana, CA 92705 - Phone (949) 387 -5477 - Fax (949) 387 -5478 - hxiroux@)att.net 5 5 Background noise measurements were made at the conclusion of a 20- minute set • by the band, and recorded music was then played on loudspeakers for a second set of measurements. Noise levels within the courtyard area were measured during the live band performance and during the subsequent play of recorded music. Noise levels at 20 feet from the nearest loudspeaker or instrument were 85 dB during the live band, and 74 dB during the recorded music. The measured exterior noise levels relative to the Noise Zone III standard of 60 dB pre-10 p.m. and 50 dB post -10 p.m. were as follows at the nearest homes (dB LEt): Location/Source 13ackground Level Total w/ background Music only contribution Closest House — Band 56.3 58.5 54.5 Closest House — DJ 53.5 54.2 inaudible Middle House — Band 54.4 55.4 barely audible Middle House — DJ 51.5 52.6 inaudible Farthest House —Band 54.8 55.9 inaudible Farthest House — DJ 52.0 52.5 inaudible The "music only" noise level from live music measured at the closest house meets the pre-10 p.m. noise standard, but could exceed the more stringent nocturnal standard for live music after • 10 p.m. It could also exceed the standard before 10 p.m. if the music were much louder than the 85 dB measured during this test, or if the sound -rated doors to the boardwalk were open for any extended period. We would thus recommend the following: 1. Live music levels must be maintained at 85 dB or less within the courtyard as periodically measured by the manager with a sound level meter maintained on the premises. 2. Live music within the courtyard shall be terminated at 10 p.m 3. The sound doors must remain closed during live music performances. 4. Recorded music maybe played after 10 p.m. if the sound level is maintained at 75 dB or less within the outdoor courtyard as monitored by the manager and the sound doors remain substantially closed. E 5 0 The commercial standard of 65 dB LEQ before 10 p.m. was not exceeded for either the live band or the DJ music sources seen as follows (dB LEQ): Location/Source Background Level Total w/ background Music only contribution Boardwalk 4' to Ent. Doors - Band 56.3 61.0 59.2 Boardwalk 4' to Ent. Doors — DJ 56.3 57.6 51.7 Breezeway @ Main — Band 56.0 59.9 57.6 Breezeway Main — DJ 56.2 56.7 <50.0 Across Main St. — Band 56.1 59.6 1 57.0 Across Main St. — DJ 62.4* 62.8* <50.0 Cabo RestJBar 56.1 58.9 55.7 Cabo Rest./Bar 54.5 54.9 <50.0 * - bus stopped in front of meter for 30 seconds Presuming that live music will be terminated at 10 p.m., there is no apparent noise constraint at any commercial locations. • Please review our recommendations. If further clarification is necessary, please contact me at your earliest convenience. Sincerely, J" dg 4"..4 Hans D. Giroux Senior Analyst Giroux & Associates • 51 0 Exhibit 6 City's Noise Standards E M 10.26.025 Exterior Noise Standards. Title 10 OFFENSES AND NUISANCES` • Chapter 10.26 COMMUNITY NOISE CONTROL • • 10.26.025 Exterior Noise Standards. A The following noise standards, unless otherwise specifically indicated, shall apply to all property with a designated noise zone: Page 1 of 1 If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen- minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A- weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995; Ord. 95 -38 § 11 (part), 1995) « previous I next >> htt p:/ /municipalcodes.lexisnexis.com/ codes / newportb /_DATAMTLE10IChapter_10_26_ .. 11/04/2008 61 Allowable Exterior Allowable Exterior Noise Level Noise Level (Equivalent Noise (Equivalent Noise Noise Level, Leq) Level, Leq) Zone Type of Land Use 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. or multiple - family 55 DBA 50 DBA rel ns dtitwo II Commercial 65 DBA 60 DBA III Residential portions of mixed -use 60 DBA 50 DBA properties IV Industrial or manufacturing 70 DBA 11 70 DBA If the ambient noise level exceeds the resulting standard, the ambient shall be the standard. B. It is unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed either of the following: 1. The noise standard for the applicable zone for any fifteen- minute period; 2. A maximum instantaneous noise level equal to the value of the noise standard plus twenty (20) DBA for any period of time (measured using A- weighted slow response). C. In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. D. The Noise Zone III standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property, if the intruding noise originates from that commercial property. E. If the measurement location is on boundary between two different noise zones, the lower noise level standard applicable to the noise zone shall apply. (Ord. 95 -53 § 1, 1995; Ord. 95 -38 § 11 (part), 1995) « previous I next >> htt p:/ /municipalcodes.lexisnexis.com/ codes / newportb /_DATAMTLE10IChapter_10_26_ .. 11/04/2008 61 • • Exhibit 7 Police Department Report 0 �3 • City of Newport Beach Police Department January 15, 2009 TO: Jaime.Murillo, Staff Planner FROM: Detective Dave Stark SUBJECT: Balboa Inn (Amendment to Use Permit No. 3158) 105 Main Street At your request, the Police Department has reviewed the project request for Siena at the Balboa Inn, located at 105 Main Street, Newport Beach. The applicant requests to amend Use Permit No. 3158 to: 1) revise the restaurant, banquet, and outdoor spaces to more accurately reflect current and future operations. Primary change is to dedicate the indoor dining room areas from restaurant use to exclusive hotel banquet space; 2) to allow live entertainment and dancing within the ground floor courtyard area in addition to the indoor banquet rear currently permitted; 3) eliminate restriction of special events with live entertainment during the prime summer months; 4) limit max occupancy for special events to 184 persons; 5) a maximum of 12 special events per month; • and 6) expand the hours of operation for private events with live entertainment as follows: - Indoor banquet: 6:00 a.m. to 12:00 a.m. weekdays and 6:00 a.m. to 1:00 a.m. Friday, Saturday and Sunday. - Courtyard: 6:00 a.m. to 10:00 p.m. We have included a report prepared for reference by Police Department Crime Analyst Paul Salenko in support of our concerns that provides detailed statistical information related to calls for service in and around the applicant's place of business. Location History: The Balboa Inn is a historical building consisting of 34 rooms, retail spaces, a restaurant and bar. Historically, the business has had numerous changes in ownership (and operators) and it is currently operating under a CUP that was issued in 2007 which gave the Balboa Inn authorization for live entertainment and dancing for private events only. Hours of Operation: The CUP that was issued in 2007 stipulated that private events conclude at 10:00 p.m. Sunday through Thursday (with entertainment and dancing ending at • 9:30 p.m.) Events on Fridays and Saturdays are to conclude at 11:00 p.m. The previous CUP (July 18th, 1985) did not allow any live entertainment or dancing. 0 Balboa Inn UP No. 3158 Page 2 of 2 Additional Comments: The Police Department is very concerned about item #6 of the applicant's request (expanding the hours of operation for private events) and the potentially negative impact it will have on the quality of life in the neighborhood. Specifically, the applicant's proposal would allow the potential for an event where alcohol has been served, with 186 people in attendance, ending at 2:00 a.m. By allowing the applicant to expand the hours of events with live entertainment and dancing, it increases the likelihood that additional noise and patrons generated from the location may negatively impact nearby residences, resulting in additional neighborhood complaints. The Police Department is required to spend a substantial amount of time and resources policing the general area in and around the applicant's location which is oversaturated with ABC Licensed drinking establishments. The majority of the problems encountered included public drunkenness, noise complaints, argument mediation, assaults, thefts, and other public nuisance offenses. This area also experiences heavy vehicular and pedestrian congestion on weekends, holidays and during the summer months and is one of the busiest areas of the city. Submitted by: Detective Dave Stark Vice and Intelligence Unit Sergeant Ron Vallercamp Vice and Intelligence Unit • • • LIE City of Newport Beach Police Department • Memorandum January 15, 2009 TO: Jaime Murillo, Associate Planner FROM: Paul Salenko, Crime Analyst SUBJECT. Alcohol Related Statistics At your request, our office has reviewed police services data for the Balboa Inn at 105 Main St. This area encompasses our reporting district (RD) number 12 as well as part of Census Tract 628. This report reflects City of Newport Beach crime data for calendar year 2007, which is the most current data available. Calls for Service Information City wide there were approximately 61,060 calls for police services during this time, of which 2,172 were in RD 12. A "call for service' is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking . problems, and animal control calls, etc. Crime Information There were 6,637 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,925 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny - theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 3,712 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,620.05 per 100,000 people. The national Part One crime rate was 4,063.4* per 100,000 people. Crimes RD 12 Newport Beach California* National* Part 1 102 2,925 1,390,709 11,556,854 Part 2 74 3,712 N/A N/A Part 1Crime Rate 6,017.70 3,620.05 3,848.95 3,898.94 The number of active ABC licenses in this RD is 35 ** Per capita ratio 1 license for every 48 residents. This reporting district had a total of 228 reported crimes as compared to a City wide reporting district average of 175 reported crimes. This reporting district is 52 crimes more or • 22.81% above the City wide reporting district average. This location is not within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council "K -7" policy. This location is within an RD that is over the Orange County per capita average of ABC licenses * *. tol Arrest Information There were 12 DUI arrests and 40 Plain Drunk arrest in this area during this same period as compared to 1,471 for the entire city. This RD amounts to 3.54% of the DUI /Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests RD 12 Newport Beach (DUI/Drunk) 52 1,471 Total Arrests 117 3,345 California* National* N/A N/A 1,457,151 9,579,611 Additional Information The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 13 and RD 15 Crimes RD 13 RD 15 Part 1 97 326 Part 2 99 258 Crime Rate 5,309.25 11,531.66 Arrests (DUI/Drunk) 55 461 Total Arrests 132 831 Calls For Service 2,907 7,322 Number of active ABC licenses 5 ** 90 ** Per capita ratiol license for every 365* residents 31* residents. Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 84,218. *These numbers are from the 2006 Uniform Crime Reports, which is the most recent edition. * *The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644 -3791. Paul Salenko Crime Analysis Unit C r 1 LJ • 8