HomeMy WebLinkAbout4.0_Sienna Restaurant PA2008-197CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 20, 2009 Planning Commission Meeting
Agenda Item 4
SUBJECT: Siena Restaurant- Six -month Review PA2008 -197
105 Main St
■ Use Permit No. 3158
APPLICANT: Balboa Inn, LLC
Michel Pourmussa
PLANNER: Chris Savan, Planning Technician
( 949) 644 -3253, csavan(&newportbeachca.gov
PROJECT SUMMARY
On March, 19, 2009, the Planning Commission approved an amendment
(Attachment 1) to Use Permit No. 3158 for Siena Restaurant located at the
Balboa Inn Hotel. The amendment authorized live entertainment for the patrons of
the restaurant within the covered courtyard. The amendment also expanded the
venue for private events with live entertainment to include the use of the covered
courtyard, increased the permitted number of such events, and extended operating
hours for such events. A condition of approval requires that the Planning
Commission review the operation of live entertainment and dancing six months
from the effective date of approval to insure the conditions placed on the
operation were sufficient to control potential noise impacts.
RECOMMENDATION
Receive testimony at public hearing and file.
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Subject
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GENERAL PLAN
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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 -
MU- V and Public Facilities
Balboa Inn expansion project, City
SOUTH
SP -8 RSC
beach parking, beach, Balboa
Pier and Pacific Ocean.
EAST
MU -V
SP -8 RSC
Restaurant and bar, and retail
uses.
WEST
Two -Unit Residential (RT)
SP -8 RSC
Three duplexes and a 3 -story
condominium complex.
A
DISCUSSION
Background
Earlier this year, the applicant requested an amendment to Use Permit No. 3158
for an existing eating and drinking establishment that included:
• an expansion of the area for private events with live entertainment onto
the covered courtyard;
• an extension of the operating hours for private events with live
entertainment;
• an increase in the number of private events with live entertainment
permitted per month;
• removal of a condition that prohibited private events with live
entertainment during the months of July and August;
• and live entertainment for patrons of the restaurant within the covered
courtyard.
Based on staffs recommendation (Attachment 2 — May 19, 2009, staff report),
and comments from the Police Department (Attachment 3 — January 15, 2009,
memorandum), the Planning Commission approved the applicant's request to
allow live entertainment for the patrons of the restaurant within the covered
courtyard, and expanded the number, hours and area of private events with live
entertainment. A number of operational conditions were adopted to control the
potential impacts of noise associated with the intensified use of live
entertainment, including:
• closing sound - attenuating, double -pane doors during events providing live
entertainment, amplified music, and /or dancing;
• restricting live entertainment on the covered courtyard for restaurant
patrons to a maximum of four days per week and concluding such live
entertainment at 9:30 p.m.;
• maintaining sound levels at 85 dBA or less within the covered courtyard
with periodic measurements with a sound level meter;
• concluding private events held within the interior dining rooms by 10:00
p.m. and any associated live entertainment by 9:30 p.m., except on
Fridays and Saturday when such events including live entertainment must
conclude by 11:00 p.m.;
5
• closing all doors and windows of the interior dining rooms after 10:00 p.m.
on Fridays and Saturdays when live entertainment is permitted to occur
until 11:00 p.m.;
• concluding private events held within the covered courtyard at 10:00 p.m.
and any associated live entertainment concluding at 9:30 p.m., seven
days a week;
• limiting private events with live entertainment to a maximum of 96 events
per year and no more than 12 events per month;
• and maintaining live entertainment for restaurant patrons as an ancillary
use within the covered courtyard.
Six -month Review
Applicant's Information
The applicant has submitted a list of events (Attachment 4) outlining the number,
types, and hours of events held in the past six months.
Police Department
The Police Department has indicated that they have reviewed the activity of the
Balboa Inn over the past six months and have not received any calls for service
related to the operation of live entertainment and dancing. Their correspondence
(Attachment 5) states that the Police Department does not object to the
continuation of live entertainment and dancing as conditionally approved.
Code Enforcement
The Code Enforcement Division confirmed that the City has not received any
complaints regarding noise, or any other disturbance within the past six months
and that the operational changes and conditions of approval implemented for the
project have successfully controlled the potential impacts resulting from the
permitted live entertainment and dancing.
Summary
Based on the preceding discussion, staff believes the applicant has complied
with all required conditions of approval and that the operation of live
entertainment and dancing, as approved, has not proven to be detrimental to the
surrounding neighborhood, nor resulted in increased demand for police
resources; therefore, staff does not believe that any changes to the conditions of
approval are necessary, nor is there a need for subsequent reviews of the
operation as approved.
b
Environmental Review
This project has been reviewed, and
exempt under the requirements of the
under Class 1 (Existing Facilities).
Public Notice
it has been determined that it is categorically
California Environmental Quality Act (CEQA)
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.
Prepared by:
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Chris Savan, Planning Technician
ATTACHMENTS
1. PA2008 -197 Resolution
Submitted by:
David Lepo, Plan ' g Director
2. PA2008 -197 Staff Report
3. Police Department Memorandum (January 15, 2009)
4. Event List
5. Police Department Correspondence (July 30, 2009)
6. Floor Plan
1
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Attachment No. PC 1
PA2009 -197 Resolution
0
RESOLUTION NO. 1783
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
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Planning Comrhission Resolution No. _
Paae 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 Pen-nit 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.
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Planning CoLu ission Resolution No. _
Paqe 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
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Planning Cor1,. ission Resolution No. _
Paae 4 of 9
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 Permit No. 3158, subject to the Conditions set forth in Exhibit "A ".
Section 2. This action shall become final and effective fourteen days after the adoption of
this Resolution unless within such time an appeal is filed with the City Clerk in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF MARCH 2009.
AYES: Unsworth, Hawkins, Peotter, McDaniel
Toeroe and Hillgren
NOES: Eaton
IOWA
Scott Peotter /. Chairman
BY: GEI
Barry Ea V, Secretary
Planning CoNifT ission Resolution No. _
Page 5 of 9
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDMENT TO USE PERMIT NO. 3158
Proiect 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)
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/ 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, limited to a maximum of four days per week, and shall conclude by 9:30
p.m.
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 96 events per
year and no more than .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.
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Planning Co64ssion Resolution No. _
Page 7 of 9
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 6 months 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.
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/ Planning Commission Resolution No. _
Pape 8 of 9
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.
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 by 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
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i Planning Cod mission Resolution No. _
Paae 9 of 9
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.
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. All 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.
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)
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Attachment No. PC 2
PA2008 -197 Staff Report
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pt.
CITY OF NEWPORT BEACH .. FILE COPY
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, imuri llo a)city.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.
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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. 3158 — 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 1st 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 requester) 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:
r_
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 i & 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. Tffls 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.
�1
105 Main Street (PA200 8-197)
March 19, 2009
Page 6 of 15
Analysis
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:
2 Properties located within the Central Balboa Specific 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.
ro
105 Main Street (PA2008 -197)
March 19, 2009
Page 7 of 15
Proposed Restaurant Operation and Parking Requirements
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.
3 Section 20.66.030 of the Zoning Code establishes a parking requirement of f 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.
0
'M
105 Main Street (PA2008 -197)
March 19, 2009
Page 8 of 15
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
�6
,T
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
3\
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:
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
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 Concems 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
i
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 foe
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.
3�
rI>_1
105 Main Street (PA200 8-197)
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 permit 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.
�A
4
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
-F.<1
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 dance /assembly 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 reconfiguration 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 Califomia Environmental Quality Act (CEQA)
under Class 1 (Existing Facilities).
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:
Submitted by:
Mme Murillo, Associate Planner David Lepo, PI 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
FAUsers1PLN15hared%PA's1PAs - 2008\PA2008- 1971PA2008 -197 PCrpt 031809.docx
11
Attachment No. PC 3
Police Department Memorandum (January
15, 2009)
a,
a
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.
4�
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
p,
C`i(}y 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.
I.
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 * *. 43
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
California*
National*
(DUI/Drunk)
52
1,471
N/A
N/A
Total Arrests
117
3,345
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 l 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
Attachment No. PC 4
Event List (January 2009 — July 2009)
45
tAG
46%16�
•�i /Ii
ON THE SAND AT NEWPORT
# OF EVENTS
3- Jan -09
5:00 PM -11:00 PM
WEDDING
100 1
17- Jan -09
5:00 PM -11:00 PM
WEDDING
100 1
18- Jan -09
4:00 PM - 9:00 PM
WINTER FORMAL
120 1
24- Jan -09
5:00 PM - 11:00 PM
WEDDING
70 1
31 -Jan -09
5:00 PM -10:00 PM
WEDDING
100 1
FEBRUARY
7 -Feb -09
5:00 PM -11:00 PM
WEDDING
80 1
22 -Feb -09
3:00 PM - 8:00 PM
WEDDING
20 1
MARCH
22- Mar -09
3:00 PM - 9:00 PM
BRIDAL SHOWER
65 1
28 -Mar -09
5:00 PM -10:00 PM
WEDDING
75 1
APRIL
25- Apr -09
5:00 PM -11:00 PM
WEDDING
150 1
19- Apr -09
3:00 PM - 7:00 PM
Live Music
60 0
26- Apr -09
3:00 PM - 7:00 PM
Live Music
60 -80 0
MAY
9 -May -09
5:00 PM -11:00 PM
WEDDING
125 1
16- May -09
5:00 PM -11:00 PM
WEDDING
125 1
23 -May-W
5:00 Pm!- 11:00 PM
WEDDING
111 1
30 -May,W
6:00 PM - 11:00 PM
WEDDING
116 1
31 -May -M
'3:00 PM - 9i00PM
WEDDING
45 1
3- May -09
3:00 PM - 7:00 PM
Live Music
80 0
10- May -09
3:00 PM - 7:00 PM
Live Music
40 0
17- May -09
3:00 PM - 7:00 PM
Live Music
35-45 0
24- May -09
3:00 PM - 7:00 PM
Live Music
60 -80 0
JUNE
5- Jun -09
6:00 PM - 9:00 PM
DINNER
145 1
6- Jun-09
5:00 PM -11:00 PM
WEDDING
105 1
12- Jun -09
6:00 PM - 9:00 PM
DINNER
15 1
27- Jun -09
5:00 PM -11:00 PM
WEDDING
105 1
7- Jun -09
3:00 PM - 7:00 PM
Live Music
80 0
14-Jun-'09
3:00 PM -7:00 PM
Live Music
30 0
21- Jun -09
3:00 PM - 7:00 PM
Live Music
35 0
28- Jun -09
3:00 PM - 7:00 PM
Live Music
50 0
JULY
24 -Juk09
4:00 PM - 10:00 PM
WEDDING
100 1
5 -Jul -09
3:00 PM - 7:00 PM
Live Music
80 -90 0
12- Jul -09
3:00 PM - 7:00 PM
Live Music
50 -70 0
19 -JUI -09
3:00 PM - 7:00 PM
Live Music
60 0
26-Jul-09:
3:00 PM - 7:00 PM
Live Music
50 -70 0
105 MAIN STREET • BALBOA, CALIFORNIA 92661 • (949) 675 -3412 • Fax (949) 673 -4587 ��
www.balboainn.com E -mail: info @balboainn.com
4
Attachment No. PC 5
Police Department Correspondence (July
30, 2009)
vil
576
Savan, Chris
From:
Murillo, Jaime
Sent:
Thursday, July 30, 2009 9:09 AM
To:
Stark, David
Cc:
Savan, Chris
Subject:
RE: Balboa Inn -105 Main St
Thanks
From: Stark, David [ma!Ito:dstark @nbpd.org]
Sent: Thursday, July 30, 2009 9:08 AM
To: Murillo, Jaime
Subject: RE: Balboa Inn- 105 Main St
Jaime,
NBPD does not have any objections to the CUP provisions that were amended on March 19, 2009.
Dave
From: Murillo, Jaime [mailto :]Murillo @newportbeachca.gov]
Sent: Wednesday, July 29, 2009 5:37 PM
To: Savan, Chris; Stark, David
Cc: Moore, Bryan
Subject: RE: Balboa Inn- 105 Main St
Thanks Dave. Just to confirm, is it fair to say that PD does not have any objections to authorizing live
entertainment and dancing on a permanent basis (subject to the conditions of approval)?
From: Savan, Chris
Sent: Wednesday, July 29, 2009 5:34 PM
To: Stark, David
Cc: Moore, Bryan; Murillo, Jaime
Subject: RE: Balboa Inn- 105 Main St
Thank you Dave!
Chris
Chris Savan
Planning Technician I City of Newport Beach
Direct: 949- 644 -3253 1 Fax: 949$44 -3229
csavanCa2city. newport- beach. ca.us
From: Stark, David [mailto:dstark @nbpd.org]
Sent: Wednesday, July 29, 2009 5:28 PM
To: Savan, Chris
Cc: Moore, Bryan
Subject: RE: Balboa Inn- 105 Main St
Chris,
5�
I reviewed calls for service for the last six months and I did not locate any calls related to live entertainment or dancing at
the Balboa Inn. I have not heard of any issues from Patrol regarding the Balboa Inn. On Friday, July 171h, Det. Moore and
I checked on the Balboa Inn between 2200 — 2230 hours. There was no live entertainment or dancing and the bar had a
few, well behaved patrons.
Up to this point, live entertainment and dancing at the Balboa Inn has not created any problems or concerns.
Detective Dave Stark
Special Investigations Unit/Vice & Intelligence
Newport Beach Police Department
870 Santa Barbara Drive
Newport Beach, CA 92660
(949) 644 -3706
From: Savan, Chris [ mailto :csavan @newportbeachca.gov]
Sent: Tuesday, July 28, 2009 12:34 PM
To: Moore, Bryan; Stark, David
Cc: Murillo, Jaime
Subject: Balboa Inn- 105 Main St
Hi Bryan and Dave,
Planning is conducting a 6 -month review of the use permit for the Balboa Inn in regards to their live
entertainment and dancing. We would like to include PD's comments as part of the review. Have there been any
issues with the Balboa Inn in the previous 6 months? Thank you for your help!
Regards,
Chris
Chris Savan
Planning Technician I City of Newport Beach
Direct: 949 - 644 -3253 1 Fax: 949 -644 -3229
csavanCcDcity. newoort- beach.ca. us
53
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