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Home My WebLink About20 - Accessory Outdoor Dining PermitCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT • Agenda Item No. 20 January 27, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Gregg B. Ramirez, Associate Planner (949) 644 -3219, gramirez(a) city. newport- bea ch. ca. us SUBJECT: Call for review of Accessory Outdoor Dining Permit No. 2003 -002 440 Heliotrope Avenue (PA2003 -087) APPLICANT: Kurt Conrad ISSUE: Should the City Council uphold the decision of the Planning Director to approve Accessory Outdoor Dining Permit No. 2003 -002 which allows outdoor patio seating within an area • adjacent to Heliotrope Avenue in conjunction with an existing full- service restaurant? RECOMMENDATION: Staff recommends that the City Council uphold and affirm the decision of the Planning Director to approve Accessory Outdoor Dining Permit No. 2003 -002. DISCUSSION: Background: On December 30, 2003 the Planning Director approved Accessory Outdoor Dining Permit No. 2003 -002. The proposed outdoor patio is limited to a maximum of 250 square feet and 18 seats. The restaurant is permitted to operate under the conditions of Use Permit No. 1566. Accessory Outdoor Dining Permit: Title 20 of the Newport Beach Zoning Code allows the Planning Director to approve accessory outdoor dining if the following findings can be made: 1. That the proposed outdoor dining is accessory to the Eating and • Drinking Establishment. 441 './ CP 43 9 438 436 434 412 430 429 Accessory Outdoor Dining Permit No. 2003-002 January 27, 2004 Page 2 VICINITY MAP 2&53 - I dMm me, cDM P4 1 ri W6 .504 2645 5w 4. 7on'.1 % 2915 Z901 2905 411 414/ 429 436 427 / -\,\ 412 425 f 423 410 421 423 419 433 422 1 424 431' 420 429 , 1. 427 418 425 2919 4 291: 2939 2937 2931 2929 2933 Outdoor Dining Permit No. OD2003-002 (PA2003w087) 440 Heliotrope Avenue • 415 411 426 2915 Z901 2905 411 414/ 429 436 427 / -\,\ 412 425 f 423 410 421 423 419 433 422 1 424 431' 420 429 , 1. 427 418 425 2919 4 291: 2939 2937 2931 2929 2933 Outdoor Dining Permit No. OD2003-002 (PA2003w087) 440 Heliotrope Avenue • Accessory Outdoor Dining Permit No. 2003 -002 January 27, 2004 Page 3 • 2. The establishment, maintenance or operation of the accessory outdoor dining will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood or injurious to property or improvements in the area. 3. That the proposed accessory outdoor dining will not be located so as to result in reduction of existing parking spaces. Additionally, accessory outdoor dining is limited in size to 25% of the interior net public .area, or 1000 square feet, whichever is less. The Code does not require parking to be provided for accessory outdoor dining. Findings 1 and 3 can be made as the proposed outdoor area is accessory to existing Eating and Drinking Establishments permitted by Use Permit No. 1566 (and subsequent amendments) and the addition of the dining area will not result in the reduction of parking spaces. Since the project site is located at the interface of a commercial and residential area, staff placed conditions of approval limiting the hours of operation for the outdoor dining area to 5:30 PM until 9:30 PM daily (Condition No. 7) and the applicant is required to construct a 9 -foot solid fence or glass screen wall to minimize noise impacts on nearby • residences (No. 6). Additionally, staff included a condition of approval (No. 22) that grants the Planning Department authority to require the alteration of all or a portion of the outdoor dining area or changes to the hours of operation should noise associated with the use create a nuisance. Therefore, staff believes the project, as conditioned, will not be detrimental to the surrounding area and that finding No. 2 can be made. However, the City Council could find that the location of the outdoor dining so to close residential is detrimental to the neighborhood and deny the application. Attached to this report is the Accessory Outdoor Dining Permit approval letter that includes findings for approval, conditions of approval and an appendix that discusses parking, restroom facilities, hours of operation and noise issues. Additionally, two letters received in opposition to the project are attached to the Accessory Outdoor Dining Permit approval letter Environmental Review: This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). Accessory Outdoor Dining Permit No. 2003 -002 January 27, 2004 Page 4 Public Notice: Notice of this hearing 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. Alternatives: The Council has the following additional options: 1. The Council can approve a revised project by altering the design or by changing, adding or removing conditions of approval. 2. The Council can reverse the decision of the Planning Director and deny the request. Prepared by: Gregg B. Ramirez, Associate Planner Attachments: Submitted by: Jk CT7-�'� /. Patricia L. Temple, Planning Director A. Accessory Outdoor Dining Permit Approval Letter B. Project Plans • • ATTACHMENT A Accessory Outdoor Dining Permit Approval Letter • 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644.3229 December 30, 2003 Kurt Conrad c /o: Conrad Holdings 240 Newport Center Drive, Suite 201 Newport Beach, CA 92660 Acc, Outdoor Permit No. OD2003 -002 (PA2003 -087) Staff Person: Javier S. Garcia, 644 -3206 Appeal Period: 14 days after approval date Application No: Accessory Outdoor Dining Permit No. OD2003 -002 (PA2003 -087) Applicant: Kurt Conrad Owner: Kurt Conrad, Newport Beach Address of Property Involved: 440 Heliotrope Avenue Legal Description: Parcel 1 of Resubdivision No 412 Application Request: The applicant proposes to add outdoor patio seating within an area adjacent to Heliotrope Avenue. The outdoor dining will be utilized in conjunction with an existing full- service restaurant and will add nine tables and 18 seats (maximum) in front of the facility facing Heliotrope Ave. The property is located in the RSC District. Director's Action: Approved December 30, 2003 The Planning Director in approving the application, analyzed issues with regard to parking requirements, hours of operation, noise and restrooms facilities. A detailed discussion can be found in the attached appendix. In consideration of those aspects, the Planning Director determined in this case that the proposal, as conditioned, would not be detrimental to persons, property or improvements in the neighborhood and that the accessory outdoor dining permit as approved is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code based on the following findings: FINDINGS • The Land Use Element of the General Plan designates the property for "Retail and • Service Commercial" land use; and the proposed outdoor dining is accessory to an existing restaurant, a permitted use within that designation. December 30, 2003 Page - 2 2. This project has been reviewed and determined to be categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). 3. The approval of this application will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of the city for the following reasons: • Since the use is accessory to and an extension of the existing restaurant use, it. is subject to all the findings and conditions of approval of Use Permit No. 1566 and its amendments, and not an independent use. • The proposed outdoor dining area, as conditioned, is compatible with the surrounding land uses, and its limited hours should prevent noise from adversely impacting the nearby residential uses. • The proposal does not include any noise generating activities inside or outside of the facility (i.e., live entertainment is not authorized for the facility) and those activities are specifically prohibited in the outdoor dining area by this approval. This includes the relocation of the host station to the interior of the facility. • The operation of the proposed development will increase the outdoor noise level in the immediate vicinity and the provision of a noise barrier is necessary to mitigate, to the greatest extent possible, the noise impacts on the residential uses located across the street and in the proximity. 4. The proposal is consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code for the following reasons: • The use is accessory to and an extension of the existing food service use. • The location of the proposed accessory outdoor dining will not reduce the existing parking spaces. • The remodel of a portion of the front of the property to allow for the outdoor dining use is consistent with the intent and purpose of the code to provide outdoor dining opportunities. CONDITIONS: That development shall be in substantial conformance with the approved site plan, detail seating plan and floor plan, except as noted in the following conditions. 2. The accessory outdoor dining shall be used in conjunction with the related adjacent food establishment and shall be limited to a maximum of 18 seats and 250 sq. ft. (gross floor area), as proposed (not to exceed 25 percent of the indoor net public area), unless a use permit is first approved by the Planning Commission. The host area shown on the floor plan shall be relocated to the interior of the restaurant. 3. The outdoor dining (tables and chairs) shall be located within a well defined fenced area. The required fence enclosure shall be a minimum height of 9 feet and a solid fence or glass screen wall. No tables shall be permitted outside of the fenced area of the facility, beyond the seating area depicted on the plan or in the public right -of- way. The specific brand, size, type and model of tabletops and seating shall be approved by the Planning Department prior to installation. In addition, any proposed changes to the type or model shall be approved prior to installation. The seating adjacent to the food use facility shall be limited to the area as delineated on the approved site plan only. The use of turf surface within the outdoor dining December 30, 2003 Page - 3 area shall be reviewed and approved by the Building Department prior to issuance is and implementation of the outdoor dining area. 4. The outdoor dining area shall be accessed from the existing door that serves as the main entry to the restaurant. No new exterior doors or access way shall be allowed to serve the outdoor dining area from the interior of the existing restaurant, unless an amendment to this outdoor dining permit and Use Permit No. 1566 is first approved, as determined by the Planning Director. The proposed firepit shall be gas- burning only, use of wood burning fireplace or pit is prohibited. Prior to implementation of the outdoor dining, a revised floor plan showing the final configuration of the outdoor dining area (including the required noise barrier) in relation to physical site features (the use of physical noise barrier to delineate the area shall be specifically defined and labeled) shall be submitted to and approved by the Planning Department in conjunction with the building permit for the interior alterations of the tenant space. The revised plans shall fully 'indicate and dimension the distance between the existing property line and the proposed work, including widths, lengths, and heights. The top of the proposed landscape plantings (horsetail) atop the new planters along the back of the existing sidewalk shall be limited to a maximum of 24 -inch above the finish surface of the adjacent existing public sidewalk. 7. The daily hours of operation for the outdoor dining area are limited to between 5:30 p.m. to 9:00 p.m. This will allow for final seating of patrons at 9:00 p.m. and clearing and closing of the outdoor dining area at 9:30 p.m. All activities within the outdoor dining area, including cleanup activities shall cease at 10:00 p.m. Any increase in the hours of operation requires the approval of an amendment to this application. 8. The operator of the food service use shall be responsible for the clean up of all on- site and off -site trash, garbage and litter generated by the use. Additionally, the area outside of the food establishment, including the public sidewalks, shall be maintained in a clean and orderly manner and may be subject to providing periodic steam cleaning of the public sidewalks as required by the Public Works Department. 9. Trash receptacles for patrons shall be conveniently located outside of the related food service facility to serve the accessory outdoor dining area. 10. Outside paging system or any other sound system utilized in conjunction with this outdoor dining establishment is prohibited. 11. The use of area heaters shall be approved by the Building Department and the Fire Department prior to installation or use. The use of propane heaters and the storage of propane containers on the premises are prohibited, unless otherwise approved by the Fire Department. 12. Alcoholic beverage service shall be prohibited in the outdoor dining areas, until an amendment to the existing ABC licensed area is first approved by the Police Department and the State's Department of Alcoholic Beverage Control. December 30, 2003 . Page - 4 13. The Applicant shall comply with the previous Public Works Department instructions to apply for and obtain an encroachment permit for the on -going work within the public right -of -way. In the event that such encroachment permit is not applied within one (1) week of Committee Review, the Public Works Department at its discretion will issue a Stop Work violation against the work. The two (2) proposed curb drains as designed on the submitted Plans will allow daily polluted janitorial on -site runoff from the outdoor dinning area to enter the public right -of -way. These curb drains shall be eliminated. The existing curb cores shall be reconstructed with a minimum 5 -foot section of new concrete curb and gutter per City of Newport Beach Standard Plans. All on -site runoff generated within the outdoor dining area shall be plumbed for discharge into the existing on -site sanitary sewer system. City approval of such discharge system is required. 14. The existing concrete driveway approach shall be reconstructed with new concrete curb and gutter per City Standard Plan No. STD - 165 -L. In lieu of the new sidewalk shown on STD - 165 -L, the applicant may propose a landscaped parkway for City approval. 15. The entry gate or door located at the street right -of -way shall be redesigned so as not to open into the public right -of -way. This may require moving the door in or removing it entirely. The Building Department shall also review and approve the revised door /gate placement prior to installation. No portion of the proposed . entrance door to the establishment, when fully opened, shall extend into the public right -of -way. 16. All improvements shall be constructed as required by Ordinance and the Public Works Department. 17. A separate encroachment permit is required for the new work within the public right -of -way. 18. An approved encroachment agreement is required for all private improvements within the public right -of -way. Such agreement shall require that all portions of any private plantings that encroach onto the public right -of -way be trimmed and maintained continuously. The property owner shall be charged for the cost of any landscaping maintenance work performed by the City. 19. The applicant shall submit plans to the General Services Division and the Public Works Department for the trimming or removal any City Tree located within the public right -of -way. Any such work shall also be included in the encroachment agreement or permit prior to commencement of work within the public right -of- way 20. All applicable conditions of approval of Use Permit No. 1566 and its amendments shall apply and remain in force (copy available in the Planning Department), except as limited or restricted by the conditions of this approval, including but not limited to the hours of operation as specified. This will not preclude a change in the . opening hour of the operation as specified by Use Permit No. 1566, which may require an amendment to the use permit approved by the Planning Commission. 21. The parking or stopping of delivery vehicles in the alley is prohibited at all times. December 30, 2003 Page - 5 22. Should problems arise with regard to noise associated with the outdoor dining areas, the Planning Department reserves the right to require the removal of all or a portion of the outdoor dining area seating in the areas which contribute to the noise problems or complaints, or reduce the hours of.operation. 23. 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 either the current business owner, property owner or the leasing company. 24. The Planning Department may add to or modify conditions of approval to this outdoor dining permit. In addition, they may revoke this approval upon a finding of failure to comply with the conditions set forth in Chapter 20.82 of the Municipal Code or other applicable conditions and regulations governing the food establishment. The Planning Director or the Planning Commission may also revoke this permit upon a determination that the operation (that is the subject of this approval) causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. The decision of the Planning Department is final, however, the approval is subject to call up by the Planning Commission or the City Council for referral to the Planning Commission within 14 days of the decision date. Additionally, in accordance with the provisions of Section 20.82.080 of the Municipal Code, the applicant or any interested party may appeal the decision of the Planning Director to the Planning Commission within 14 days of the date of the decision. A filing fee of $915.00 shall accompany any appeal filed. PATRICIA L. TEMPLE, Planning Director By Javilr S. Garcia, AICP Senior Planner F:IUSERSIPLMShareMPA'sIPAs - 20031PA2003- 0870D2003 -002 appr.dx Attachments: Appendix Vicinity Map Detail Seating Plan Letters of Opposition: D & D Stone, owners 439 Heliotrope Ave Mr. & Mrs. Chesboro, owners 432, Heliotrope Ave cc: property owner Cox Family Trust, Myrtle Cox, Trustee 1781 Shady Crest PI. El Cajon, CA 92020 Code Enforcement Officer • is December 30, 2003 . Page - 6 APPENDIX Parkins Requirement In accordance with Chapter 20.82 of the Newport Beach Municipal Code, accessory outdoor dining requires no additional parking if it is less than 25% of the interior net public area. The subject facility complies with that requirement. Therefore, based on the recommended restrictions (250 square feet maximum size and 18 seats maximum) and the parking characteristics of the use, adequate parking is provided at the existing off -site location to serve the proposed use. Restroom Facilities Since the applicant has requested additional exterior seating for 18 persons in addition to the seats approved inside, the Building Department requires the provision of separate sex public restroom facilities. Public access to the restroom through the dining area of the restaurant is provided. Hours of Operation • The applicant has not proposed any particular hours of operation for the outdoor dining area, however, the use permit allows the restaurant to operate between 5:30 p.m. and Midnight, unless an off -site parking agreement is approved for parking spaces during the daytime hours. Due to the proximity of the residential uses across the street and down the block, staff has limited the hours of operation of the outdoor dining use to 5:30 p.m. to 9:30 p.m. This will allow for final seating of patrons at 9:00 p.m. and closing of the outdoor dining area at 9:30 p.m. Noise Concerns Staff is concerned that the proposed outdoor dining use is located such that noise will disturb the quiet enjoyment of the existing residential properties across the street and in the vicinity. Therefore, staff has included a requirement to provide for a noise barrier in the form of a 9 -foot high wall or glass screen around the perimeter of two sides of the outdoor dining area and have also limited the hours of operation of the outdoor dining area to mitigate the potential adverse impact of the proposed use. CJ December 30, 2003 Page - 7 • VICINITY MAP 506 44J 439 x- 0 5w - Ale 436 434 432 439 430 437 428 A]- 426 433 2867 2915 2901 rM 431 424 A, 429 436 422 427 42- 432 423 430 421 428 419 422 424 431 . 433 A20 429 s / 427 AM CDM ?919 2935 2939 2937 "IJ 2920 ?933 Outdoor Dining Permit No. OD2003-002 (PA2003-087) 440 Heliotrope Avenue n 0 0 • Oren James Chesebro Sally L. Chesebro 1032 White Sails Way Corona del Mar CA 92625 November 30, 2003 Planning Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Dear Planning Department, RECEIVED BY PLANNING DEPARTMENT CITY CAF - A; -H AM p 1 2003 PM 71819110111112111213141516 4. We have received Public Notice OD2003 -002 (PA2003 -087) concerning an outdoor dinning request for the restaurant at 440 Heliotrope in Corona del Mar. • As owners of the property at 432 Heliotrope we feel that approval of this request may result in excessive noise on that street that will disrupt the neighborhood. Our residential property is very close to 440 Heliotrope. In the past our tenants have complained about noise generated from the restaurant. We feel that if there is outdoor dining, it will cause more noise and add more disorder for our tenants. We would like to request that you disapprove this request for outdoor patio seating area for the restaurant. Please feel free to contact us at (949) 760 -1875 if you need any information from us regarding this matter. Thank you for your consideration. Oren Jambs Chesebro � 0;� - Sally Chesebro NPB planning Department 3300 Newport Blvd. Re:PROJC OD 2003 -002 PA 2003 -087 440 Heliotrope Corona Del Mar, Ca. 92625 December 1, 2003 Dear NPB Planning Dept., RECEIVED BY PLANNING DEPARTMENT CITY Cyr K1G1nJJDnMT c EAi:H AM 71819 110 111112 111213141516 1 For the past 13 years we have owned the duplex at 439 - 4391/2 Heliotrope, on the corner of Heliotrope and 2nd st, approximately 30 feet away from the restaurant at 440 Heliotrope. The noise from the restaurant has always been a problem. Now we see that the new owner is applying for outside dining. We strongly object to you allowing outside dining. We have lived in our apartments and have experienced first hand the yelling, loitering, littering, peeing in the bushes, vandalizing of cars, arguing and loud cars speeding away late at night from the people who go to that restaurant. We have to write a special clause in our leases to make our tenants aware of the noise problem and can't get the proper rent because of the noise problem. We think it is unacceptable to have a restaurant/bar so close to a residential area. It is hard to believe the city has allowed a restaurant/bar that closes so late to be located so close to a residential area. If outside dining is allowed, we believe it will only add to this noise problem. When people are eating, you can't expect that they will always sit there quietly. In the past we have complained to the city about this noise problem but have been told the only thing we can do is call the police when it gets too loud. So we are coming to you now, to ask you not to allow outside dining at the restaurant. Please consider the residents when you make your decision. Thank you very much for your time. David R. Stone Dawn A. Stone 6151 Oakbrook Circle Huntington Beach, CA. 92648 714 - 960 -9486 • 10 R /*A A VAT;;:; V7 0 i;*�o t s `� ' � Z i S s o. 7 � d' v o "v AJw at i Ao V X� ti• • W N � o J � W N V_�x Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: January 17, 2004 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 17-, 2004 at Costa Mesa, California. Signature t�a-�(oki —_tf:: C. NOME OF PU8IK HFAMNO Aaessary OUfd00r" PffBIill Na 2003-002 (I"AW-n NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing-on the application of Kurt Conrad for Accessory Outdoor Dining Permit No. 2003 -002 on prop arty located at 440 Heliotrope Avenue. The property is located in the RSC District. The applicant proposes to add outdoor patio seating within -an . area adjacent to Heliotrope Avenue. The outdoor dining will be utilized in conjunction with an existing full- service restaurant. This project has been reviewed, and it has. been determined that it is categorically exempt under the requirements of the California Envi- ronmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 27, 2004, at the hour of 7:00 p.m. in the Council Chambers of the New- port Beach City Hall, 3300 Newport Boule- vard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written corre- spondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. s/ LaVonne M. Har- less, City Clerk, City 04 Newport Beach Published Newport Beach -Costa Mesa Daily Pilot January 17, 2004 Sa542 J H,V -<O -VY IV =YI'G rRUH: VH-WEHL January 26, 2004 SVELTE RESTAURANT 440 Heliotrope Corona Del Mar, CA 92628 Attention: Mr. Burt Conrad Subject. eU =13103663424 PAGE 2 ,13 Svelte Restaurant — Corona Del Mar, California Acoustical Analysis Report for Outdoor Dmmg Patio VA- Project No. 3865001 Dear Mr. Conrad: veneklaace Asaedat" 1711 ssmmm 5� Unta Mw CA 90104 Tel: 310.4 SO. 1733 Fax 310.3943424 Ve2ekl2see Associates, Inc. (VA) have performed a noise survey and study for your proposed outdoor patio dining area of the Svelte Restaurant located at 440 Heliotrope Avenue, in the City of Corona Del Mar, California. The nearest and most sensitive noise receptor is a single story mooted use complex (including two residential units) directly to the west across Heliotrope Avenue approximately 60 feet from the patio dining area. There are other residential units however that are located approximately 100 feet away to the west and south of the restaurant location. Noise measurements were performed at the site from 8..00 pm. to 10:00 pm on the night of January 22, 2004. The levels are generally controlled by traffic on Pacific Coast Highway (PCH), Heliotrope Avenue as well as general normal urban activities. There is no direct line of sight to Pacific Coast Highway from the front of the restaurant although the traffic noise from Pacific Coast Highway is audible and controls the background noise level. The average noise levels at this location during the survey period were about 50 dBA. Short term noise levels as high as 67 dBA were observed and measured which were due to velueubu sources on Heliotrope Avenue_ These levels are consistent with typical traffic noise levels which maybe expected for such urban areas on residential surface streets. The City of Corona Del Mar does not have a noise ordinance and the legal document used for the purpose of this evaluation is the City of Newport Beach Noise tltdinance. The maximum allowable noise level during nighttime periods is referenced within the standard for residential areas (Section 1026.02 — Chapter 10.28 City of Newport Beach Municipal Code) which is 50 dBA. Section 10.29. 10 of the Ordinance also contains subjective factors which may be used to determine if an offending noise source is in compliance with the stated noise standard. This part of the ordinance is intended to address noise sources which are in compliance with the prima -facie section of the code however that may still be bothersome to persons of normal hearing sensitivity. The patio area is planned to seat a maximum of eighteen patrons. There will be no live music or amplified reproductions of music or voice and there will be no other normal activities with the potential to produce noise of an offensive nature. The only source of noise will be the oral communication of the patrons while being served and dining. The maximum expected noise emission levels were estimated based on thi+ expected scenario. It is assumed that the patio will be occupied by the maximum number of 18 patrons and guests will be talking in a normal voice level. It was also assumed that a 6 foot high sound barrier will be erected at the fence line of the patio area. This model was used to estimate the noise levels at the most sensitive receptor 10catioUS across the sheet The expected noise level is abort 40 dBA for this assmmed condition and the height of the barrier were increased to 8 feet the levels will be reduced to about 37 dBA from the vocal noise sources on the patio. L�J ...... -eo -v. 1,o. IWUM:v�-WbMi 1 [3:1 3 1 0 39630 20 PAGE 3/3 As noted above the ambient levels during the nighttime period was about 50 dBA. It also needs to be noted the levels are expected to be higher, during spring and summer months due to higher levels of urban activities in this area Generally sound levels which are at least 10 decibels below the prevailing ambient levels are barely audible and for most parts are entirely inaudible. Therefore placement of a 6 foot high wall is expected to produce adequate sound attenuation such that any propagated noise from patio areas will not be audible. It also must be noted the predicted voice noise levels are well below the standard and there is no variance with the prima -facie part of the ordinance (50 dBA). Although the installation of an 8 foot wall would produce 3 additional decibels of noise reduction it is not deemed necessary for this particular area to seek this higher level of attenuation for code compliance purposes. Considering all factors it may be concluded that a 6 foot high barrier will reduce the patio area sound levels such that they are in compliance with both parts of the Ordinance and are below the existing measured background ambient sound levels- The patio street side barrier may be constructed from any material with a minimum surface density of about 2 psf (2 Pounds Per square foot). Constnrction materials of a masonry unit of any type ° /." thick plywlwd, glazing of %" and thicker, etc, or a combination of these materials will be adequate for this purpose. For example the lower three feet of the barrier may be built of masonry block and the upper 3 foot portion may be made of %" glass. If you have any questions concerning the information contained in this report, please do not hesitate to contact me. Sincerely, Veneklaseri Associates, Inc. ang Khosrovani, PhD., P.S. Senior Associate G!.wq,uuv. 4QkAO1 CITY HALLc� Office of the City Clerk = 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92658 -8915 V SERVICE REQUESTED 459- 182 -18 Robert Allen 3801 Marcus Ave Newport Bea"'" AI -LiF. 43? IRO-9 ?.3 ryi /^R.? /04 RETURN TO SE=NDER ALLEN 1455 SUPERIOR AVE AFT 110 NEWPORT SEACF: CA 92663 -6107 9— is'31's CITY HALL Office of the City Clerk )= 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92658 -8915 V SERVICE REQUESTED ? ' !f ill i' :i1 1 ii I If!Ete!!i! !Vii!!iii; 1!Sii ?ii I!i!!!!! i;i ?It;i a!tt Ie? 459- 182 -15 Firestone PO Box 244 Corona Del Ma, CA 92625 -0244 FIRER44A 926255012 1903 07 01/81/04 RETURN TO SENDER FIRESTONE PROPERTIES 606 JASMINE .AVE CORONA DEL MAR CA 92625 -2307 3L6 r ? it I �v3 ` L. !1 . R!.1. 1 i it 1 !!i1 i!f!¢!ii?[i 1. O NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Accessory Outdoor Dining Permit No. 2003 -002 (PA2003 -087) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Kurt Conrad for Accessory Outdoor Dining Permit No. 2003 -002 on property located at 440 Heliotrope Avenue. The property is located in the RSC District. The applicant Proposes to add outdoor patio seating within an area adjacent to Heliotrope Avenue The outdoor dmmg will be utilized in conjunction with an existing full service restaurant This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the Califomia Environmental Quality Act under Class I (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 27. 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. ��4�4a "/ Ili La onne M. Harkless, City Clerk City of Newport Beach �i` /S NOTICE OF PUBLIC HEARING Accessory Outdoor Dining Permit No. 2003 -002 (PA2003 -087) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Kurt Conrad for Accessory Outdoor Dining Permit No. 2003 -002 on property located at 440 Heliotrope Avenue. The property is located in the RSC District. The applicant proposes to add outdoor patio seating within an area adjacent to Heliotrope Avenue. The outdoor dining will be utilized in conjunction with an existing full service restaurant. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 27 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. T slorl -,'t Repo - M.,emorYT 5 - _..4 9:4:. =�,i � I) CIT', DF ll EWP =.T FEa =1 C I T DF NEWPORT E'.E� -_H Cete /Time !an•iD. 20104 9:444. ;ile Pane No - Nse Cestina' ion Pa (s) Fes It Not Sent ---------------------------------------------------------------------------------------------------- 1`.4a Memory TX DAILY DI.OT P. 0K ---------------------------------------------------------------------------------------------------- P.eas:r. -' ar: E._) Sasv c J) Nc� ar�awer E.4) N taco m a i�.nr ?ct cr 1 Xt�v�BOyvek NexrylPwli G X65 Rme 91Cefe.'p6 ra 91Sd1.'gy Contract No. AG12V2 m MdM'Sk+JOr -�1y Hlo[ Flwm laVwneMli H�C^Y CkM 6r! mYes�ellaiJahmm¢m Fa B14WG.`UL8 ••9a'S(WVCn B aver) 0l� 2�2- d� Jen�ary 152JJ1 ea Putlk HUmg NODS C4 � Ur9eF1 ❑ Far rtwrieu ❑ cbsc C v�1 C Heae F+Wr ❑ M�.Jy„yey . • Os.m•rac Please publish ft ellached Public He ft Nubw w Sp ,,jay, January 1 ], 2004. Tnank pu. 3300 Newport Boulevard, Newport Beach. CA 92663 Phone: 949- 644 -3005 Fax: 949 -644 -3039 V n l e SN`'N Fax Contract No. AG12622 To: Michael Sletten — Daily Pilot From: LaVonne M. Harkless, City Clerk E -mail: mike.sletten @latimes.com Fax: 949 -646 -5008 Pages: 2 (including cover) Phone: 949 - 642 -4321 Date: January 15, 2004 Re: Public Hearing Notice CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Please publish the attached Public Hearing Notice on Saturday, January 17, 2004. Thank you. NOTICE OF PUBLIC HEARING Accessory Outdoor Dining Permit No. 2003 -002 (PA2003 -087) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Kurt Conrad for Accessory Outdoor Dining Permit No. 2003 -002 on property located at 440 Heliotrope Avenue. The property is located in the RSC District. The applicant proposes to add outdoor patio seating within an area adjacent to Heliotrope Avenue. The outdoor dining will be utilized in conjunction with an existing full service restaurant. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 27, 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644 -3200. &0915 aasel 459- 051 -11 Stephen T Bo_ce 3500 E Coast Hwy 1 Corona De'_ Ma, -CA 92625 -2496 459- 183 -01 Moussa Neman 21052 Leasure Ln Huntington Be, CA 92646 -7137 459-182 -13 Sibling Assoc Llc 2699 White Rd 150 Irvine, CA 92614 -6267 459 - 185 -02 E M Smith 50: Via Lido Soud Newport Beach, CA 92663 -4931 459- 182 -03 Robert R Weber 420 Heliotrope Ave Corona Del Ma, CA 92625 -2924 459 - 182 -07 James H Proc= 2206 Amar Ct Davis, CA 95616 -0425 459- 182 -21 Acacia Partners Inc PO Box 10637 Newport Beach, CA 92658 -5003 459- -82 -19 Daniel L & Gail Lynch 1239 Surfline Way Corona Del Ma, CA 92625 -1322 459 - _82-16 Edward A & Helen Foster 2501 1St Ave Corona Del Ma, CA 92625 -2851 459- 174 -09 Bank Security Pacific 714 W Olympic Blvd Los Angeles, CA 90015 -1447 459- 182 -22 Marilyn G Alexander PO Box 11087 Costa Mesa, CA 92627 -1087 459- 183 -03 Bergstrom Neale 515 Lagoon Dr Honolulu, HI 96819 -1933 459- 174 -11 Eric D Welton 2855 E Coast Hwy Corona Del Ma, CA 92625 -2202 459- 182 -04 Oliver H Winn 422 Heliotrope Ave Corona Del Ma, CA 92625 -2924 459- 182 -08 Oren J Chesebro 1032 Whitesails Way Corona Del Mar, CA 92625 459- 185 -01 E M Smith 501 Via Lido Soud Newport Beach, CA 92663 -4931 459- 182 -18 Robert Allen 3801 Marcus Ave Newport Beach, CA 92663 -3235 459- 182 -15 Firestone PO Box 244 Corona Del Ma, CA 92625 -0244 slagej ssa.ippV @AUaAAV V 459- 182 -11 Fhp Port Llc 318 N Carson St 208 Carson City, NV 89701 -4269 459- 183 -02 Mary K King 77027 Preston Trl Palm Desert, CA 92211 -9222 459- 183 -04 � William 313 E Ba �,I,:;.,u:_' Newpor Beach, CA 92661 -1227 459- 182 -02 Reggie L Fariss 418 Heliotrope Ave Corona Del Ma, CA 92625 -2924 459- 182 -05 William J & Cindy Dupuie 424 Heliotrope Ave Corona Del Ma, CA 92625 -2924 459- 182 -09 Haddad Properties 18151 Shook Ln Yorba Linda, CA 92886 -4031 459- 182 -20 Robert D Childs *B* 611 N Bayfront Newport Beach, CA 92662 -1140 459- 182 -17 Richard A Hardy 1401 N Harper Ave W Hollywood, CA 90046 -3710 459- 182 -14 Firestone PO Bb 4 C a Del Ma, CA 92625 -0244 459- '.83 -05 459- 183 -06 459- 182 -23 Richard A '.aichols James W Nugent Edward L Waters 5 19 Ir_s Ave 521 Iris Ave 440 Heliotrope or,D..-a De_ Ma, CA 92625 -2224 Corona Del Ma, CA 92625 -2224 Corona Del Ma, CA @0915 Iasel slagej ssaippV @AUSAV Qj * ** 30 Printed * ** A)(' Corona del Mar Chamber of Comm. Corona del Mar Comm. Assoc. Attn: Luvena Hayton Attn: Dick Nichols 2843 E. Coast Hwy. , P.O. Box 72 519 Iris Avenue Corona del Mar, CA 92625 Corona del Mar, CA 92625 Kurt Conrad Sue Ellen Salhus c/o: Conrad Holdings 240 Newport Center Drive, Suite 201 4 Executive Circle, Suite 190 Newport Beach, CA 92660 Irvine, CA 92614 !84 orona del Mar Chamber�f Comm. Corona del Mar Res. Assoc. Corona del Mar Comm. oc. Luvena Ha P.O. Box 1500 179 Dick Nich 3 wy. P.O. Box 72 19 Iri oro el Mar, 92625 Corona del Mar CA 92625 Cor del Mar, CA 5 PA2003 -087 for OD2003 -002 440 Heliotrope Avenue DATE OF MEETING - NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Accessory Outdoor Dining Permit No. 2003 -002 (PA2003 -087) NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Kurt Conrad for Accessory Outdoor Dining permit No. 2003 -002 on property located at 440 Heliotrope Avenue. The property is located in the RSC District. The applicant proposes to add outdoor patio seating within an area adjacent to He&otro a Avenue. The outdoor dining will be utilized in conjunction with an existing full sere ice restaurant This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on January 27. 2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. '?X� � La onne M. Harkless, City Clerk City of Newport Beach Iranslmisiior Rt:uI - F.ePoitlfw' =mor.T l6. _0:4 11:55AM :I ' GE NEWPORT BEACH U CI —'r G- NERP'ORT BEACH Date /Time Jar, H, 2004 i1 54AM File Page No. Mode Dastination Pg(s) result Not Sent --------------------------- ------------------------------------------------------------------------ i547 Memory TX DAIL4 PILL. P. 2 OK ---------------------------------------------------------------------------------------------------- Fea-cn fur -, -.11 Hana uG ur ine tail E� "� Ea�v E.31 fJO answer E 4 No f imi le ioI n e ; t i on amo u�ma.•e 2nma.a «n a seas3 r� aoawamo IL M Cordmct No. AG12622 is I.FCbey Setic�_pyy Rk[ qaa. IaVameM Harpea q(y Ck:k 6W: mike.skYe:�ab:�ca P� BIBGCGSN9 P"= 24�mgm �M1OC Mn812-0i21 2Y2a JaivantS 2(p6 Ax PubYC H2a�9 NOlia :k� 0 L4wn Or Q . ❑wease Pa. OPM•••Ih , Onnaea w • cw.menea Pleaaa PuNiah tha attached Pubic Haann9 NWica on Saturday, January 17,20U. Thank you. ,0"� CITY HALL Office of the City Clerk 3300 Newport Boulevard ,P P.O. Box 1768 Newport Beach, California 92658 -8915 )RN SERVICE REQUESTED Kurt Conrad c /o: Conrad Holdings 240 Newport Center Drive, Suite 201 Newport Beach, CA 92660 Office of the City Clerk 3300 Newport Boulevard - ,,'.P P.O. Box 1768 - Newport Beach, California 92658 -8915 ZN SERVICE REQUESTED CONR240 1607 14 02/03/04 RETURN TO SENDER :CQNRAD khO DINGS LI -C 2867 E COAST F -:W'r 4101 CORONA .DEL MAR CA •2,525 -22'01 -59- .174 -0.9 - I Ban ecuri Ific. - .. p 4 W Ol Pic Blvd `. .. . , Los P e1es, CA 90015 -1447 Office of the City Clerk i 3300 Newport Boulevard r P.O. Box 1768 Newport Beach, California 92658 -8915 ZN SERVICE REQUESTED .... .... .....I..... .I.,,Ii,l 459- 193 -22 Marllvn G Alexander PO Box 11087 Cosca Mesa, CA 92027 -1087 CITY HALL `i Office of the City Clerk �= 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92658 -8915 J SERVICE REQUESTED N07 459 -182- �� •` Ric har Hardy �- 14 01 arper Ave W Ho ywood, CA 90045- 371x, •�(/I,� �j J.)ACAMM 9-114